Environmental Protection Agency September 2011 – Federal Register Recent Federal Regulation Documents

EPA is issuing a technical amendment to correct, by removal of three Chemical Abstracts Service Registry Numbers that were erroneously included in the list of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act.

EPA is determining that the Rome, Georgia, fine particulate (PM2.5) nonattainment area (hereafter referred to as ``the Rome Area'') has attained the 1997 annual PM2.5 national ambient air quality standards (NAAQS) by the applicable attainment date of April 5, 2010. The determination of attainment was previously finalized by EPA on April 5, 2011, and was based on quality-assured and certified monitoring data for the 2007-2009 monitoring period. The Rome Area is comprised of Floyd County, Georgia, in its entirety. EPA is determining that the Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date. EPA is finalizing this action because it is consistent with the Clean Air Act (CAA) and its implementing regulations.

EPA is taking final action to approve portions of a revision to the State Implementation Plan (SIP), submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (EPD), to EPA on September 30, 2010, for parallel processing. Georgia submitted the final version of this SIP revision on January 13, 2011. The portions of the SIP revision approved by this action incorporate two updates to Georgia's air quality regulations under Georgia's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program. First, the SIP revision establishes appropriate emission thresholds for determining which new stationary sources and modification projects become subject to Georgia's PSD permitting requirements for its greenhouse gas (GHG) emissions. Second, the SIP revision incorporates provisions for implementing the PSD program for the fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). EPA is approving Georgia's January 13, 2011, SIP revision because the Agency has made the determination that this SIP revision is in accordance with the Clean Air Act (CAA or Act) and EPA regulations, including those relating to PSD permitting for GHGs and the PM2.5 NAAQS. Additionally, EPA is responding to adverse comments received on EPA's November 29, 2010, proposed approval of Georgia's September 30, 2010, draft SIP revision.

This document is being issued to correctly revise tolerance levels, for the pesticide, flubendiamide in or on the meat and meat byproducts of cattle, goat, hog, horse, and sheep. The tolerance levels were inadvertently transcribed incorrectly in a final rule printed in the Federal Register on March 23, 2011.

This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

There will be a 3-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review scientific conclusions supporting EPA's FIFRA Section 6(b) Notice of Intent to Cancel Twenty Homeowner Rodenticide Bait Products.

EPA Region 6 is providing notice that the Agency does not intend to reissue the NPDES General Permit for the Final Beneficial Reuse or Disposal of Municipal Sewage Sludge in Louisiana (LAG650000) which was issued on August 21, 1998 and became effective on September 21, 1998 (63 FR 44962). The permit expired on September 22, 2003 and was never reissued.

EPA is announcing that Eastern Research Group, Inc. (ERG), a contractor to the EPA, will convene an independent panel of experts to review the draft document, ``Guidance for Applying Quantitative Data to Develop Data-Derived Extrapolation Factors for Interspecies and Intraspecies Extrapolation.'' EPA previously announced the release of the draft guidance for a 45 day comment period (76 FR 33752-33753), which was subsequently extended to 60 days (76 FR 43999). The public comment period ended August 9, 2011. EPA intends to forward public comments to the contractor for distribution to members of the review panel. The external review draft does not represent Agency policy. The public may register to attend this peer review meeting as observers. Time will be set aside for observers to give brief oral comments at the meeting on the draft document. The draft document and appendix are available via the internet on the Risk Assessment Forum Web page (https://www.epa.gov/raf/DDEF/index.htm). When finalizing the draft document, EPA intends to consider the comments from the external peer review meeting along with public comments received by August 9, 2011 in accordance with 76 FR 33752-33753 and 76 FR 43999. Public comments submitted during the public comment period ending August 9, 2011, may be viewed at https://www.regulations.gov under Docket ID No. EPA-HQ-ORD-2009-0694.

EPA is determining that the bi-state Louisville, Kentucky- Indiana, fine particulate (PM2.5) nonattainment Area (hereafter referred to as ``the Louisville Area'') has attained the 1997 annual PM2.5 national ambient air quality standards (NAAQS) by the applicable attainment date of April 5, 2010. The determination of attainment was previously finalized by EPA on March 9, 2011, and was based on quality-assured and certified monitoring data for the 2007-2009 monitoring period. The Louisville Area is comprised of Jefferson County in Kentucky, and Clark, Floyd and a portion of Jefferson Counties in Indiana. EPA is determining to find that the above-identified Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date. EPA is finalizing this action because it is consistent with the Clean Air Act (CAA) and its implementing regulations.

In accordance with section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(h)(1), notice is hereby given of two proposed Administrative Settlement Agreements for long-term access at the Bountiful/Woods Cross 5th South PCE Plume Site. The PCE plume extends in area through the Cities of Bountiful, West Bountiful and Woods Cross in Davis County, Utah. The proposed Settlement Agreements are with Davis County and Security Investment Ltd. (hereinafter jointly referred to as ``settling parties''). The Settlement Agreements require the settling parties to provide the U.S. Environmental Protection Agency (EPA) and the Utah Department of Environmental Quality with long-term access (estimated to be approximately 60 years) for the construction, operation and maintenance of the PCE plume pump and treat infrastructure. In exchange, the settling parties' potential CERCLA civil liability at their respective properties will be resolved. The Settlement Agreements include an EPA covenant not to sue the settling parties pursuant to sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607. For thirty (30) days following the date of publication of this notice, the United States will receive written comments relating to either or both of the Settlement Agreements. The United States will consider all comments received and may modify or withdraw its consent to the Settlement Agreements if comments received disclose facts or considerations which indicate that the Settlement Agreements are inappropriate, improper, or inadequate. The United States' response to any comments received will be available for public inspection at the Davis County Library, South Branch, 725 South Main Street, in Bountiful, UT 84010-6326. (801) 294-4054.

The Environmental Protection Agency and the Department of Transportation published a final rule regarding labeling of cars and trucks with fuel economy and environmental information in the Federal Register on July 6, 2011 (76 FR 39478). An error in the amendatory instruction for Sec. 86.1867-12 inadvertently calls for the removal of paragraph (a)(3)(iv)(A) of that section. This rule revises the amendatory language for consistency with the regulatory text.

EPA is proposing to approve submittals from the Commonwealth of Pennsylvania pursuant to the Clean Air Act (CAA) sections 110(k)(2) and (3). These submittals address the infrastructure elements specified in CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 2006 PM2.5 NAAQS. This proposed action is limited to the following infrastructure elements which were subject to EPA's completeness findings pursuant to CAA section 110(k)(1) for the 1997 8- hour ozone NAAQS dated March 27, 2008 and the 1997 PM2.5 NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof; and the following infrastructure elements for the 2006 PM2.5 NAAQS: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a joint public teleconference of the Chartered SAB and Board of Scientific Counselors (BOSC) to discuss a draft report providing advice on Office of Research and Development's (ORD's) new strategic directions for research.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Air Monitoring and Methods Subcommittee (AMMS) of the Clean Air Scientific Advisory Committee (CASAC) to provide advice on EPA's draft Near-Road NO2 Monitoring Technical Assistance Document.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by Sierra Club and WildEarth Guardians in the United States District Court for the Northern District of California: Sierra Club et al. v. Jackson, No. 3:10-cv-04060-CRB (N.D. Cal.). On August 10, 2011, Plaintiffs filed a second amended complaint alleging that EPA failed to perform a duty mandated by CAA section 110(c)(1), to promulgate Federal Implementation Plans (``FIPs'') within twenty-four (24) months after issuing a finding of failure to submit State Implementation Plans (``SIPs'') meeting applicable requirements of CAA section 110(a)(2), for North Dakota, Hawaii, Alaska, Idaho, Oregon, Washington, Maryland, Virginia, Arkansas, Arizona, Florida and Georgia with regard to the 1997 8-hour ozone National Ambient Air Quality Standards (``NAAQS''). In addition, Plaintiffs also alleged that EPA failed to perform a duty mandated by CAA section 110(k)(2), to take final action on the SIP submittals or portions of submittals meeting applicable requirements of CAA section 110(a)(2), submitted by Maryland, Virginia, Arkansas, Oklahoma, Florida, Georgia, Nevada, North Carolina, Tennessee, and Arizona with regard to the 1997 8-hour ozone NAAQS. The proposed settlement agreement establishes deadlines for EPA to take these actions. In addition, the proposed settlement agreement requires EPA to take action, as appropriate, on a petition for rulemaking filed by the Sierra Club on an issue related to existing SIP provisions.