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

This regulation establishes a tolerance for residues of prohexadione calcium in or on sweet cherry. BASF Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on April 30, 2012. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

EPA is announcing a 30-day public comment period for the draft document titled, BASINS and WEPP Climate Assessment Tools (CAT): Case Study Guide to Potential Applications (EPA/600/R-11/123A). EPA also is announcing that an EPA contractor for external scientific peer review will select an independent group of experts to conduct a letter peer- review of the draft document. The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development, and is intended to support application of two recently developed water modeling tools, the BASINS and WEPP climate assessment tools. The report presents a series of short case studies designed to illustrate the capabilities of these tools for conducting scenario based assessments of the potential future effects of climate, land use, and management change on water resources. EPA intends to forward the public comments that are submitted in accordance with this notice to the external peer-reviewers for their consideration during the letter review. When finalizing the draft document, EPA intends to consider any public comments received in accordance with this notice. EPA is releasing this draft assessment for the purposes of public comment and peer review. This draft assessment is not final as described in EPA's information quality guidelines, and it does not represent and should not be construed to represent Agency policy or views. The draft document is available via the Internet on the NCEA home page under the Recent Additions and the Data and Publications menus at https://www.epa.gov/ncea.

As a supplement to the proposed rule to declare a prion (i.e., proteinaceous infectious particle) a ``pest'' under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and to amend its regulations to expressly include prion within the regulatory definition of pest, EPA is now proposing to amend its product performance data requirements to clarify that efficacy data are required for all products with prion-related claims. The existing product performance data requirements already require efficacy data to be submitted when the ``pesticide product bears a claim to control pest microorganisms that pose a threat to human health and whose presence cannot readily be observed by the user including, but not limited to, microorganisms infectious to man in any area of the inanimate environment. * * *'' Since this general requirement applies to products with prion-related claims, EPA is proposing to amend the regulation to specifically identify that efficacy data are required for products with prion- related claims. In addition, EPA is announcing the availability for public review and comment of draft test guidelines concerning the generation of product performance data for prion-related products.

Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Office of Inspector General (OIG) is giving notice that it proposes to amend an existing system of records by changing the name of the system from the Inspector General's Operation and Reporting (IGOR) System Investigative Files (EPA-40) to the Inspector General Enterprise Management System (IGEMS) Investigative Module.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by the American Forest & Paper Association, Inc. (``Petitioner'') in the United States Court of Appeals for the District of Columbia: American Forest and Paper Association, Inc. v. EPA, No. 10-1284 (DC Cir.) for review of EPA's final rule entitled ``Mandatory Reporting of Greenhouse Gases from Magnesium Production, Underground Coal Mines, Industrial Wastewater Treatment, and Industrial Waste Landfills'', published at 75 FR 39,736 (July 12, 2010). Under the terms of the proposed settlement agreement, Petitioner would dismiss its claims if EPA signs a letter interpreting the rule in substantially similar format as proposed as it applies to Petitioner.

EPA is proposing to approve submittals from the State of Oklahoma pursuant to the Clean Air Act (CAA or Act) that address the infrastructure elements specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or standards). We are proposing to find that the current Oklahoma State Implementation Plan (SIP) meets the following infrastructure elements for the 1997 8-hour ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is also proposing to find that emissions from sources in Oklahoma do not interfere with measures required in the SIP of any other state under part C of the Act to prevent significant deterioration of air quality, with regard to the 2006 PM2.5 NAAQS. This action is being taken under section 110 and part C of the Act.

This notice announces EPA's order for the amendment to terminate use on potatoes, voluntarily requested by the registrant and accepted by the Agency, of products containing dicloran (DCNA), pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a December 1, 2010 Federal Register Notice of Receipt of Request from the registrant listed in Table 2 of Unit II. to voluntarily amend to terminate DCNA use on potatoes for these product registrations. These are not the last products containing this pesticide registered for use in the United States. In the December 1, 2010 notice, EPA indicated that it would issue an order implementing the amendment to terminate use, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrant withdrew their request. The Agency did not receive any comments on the notice. Further, the registrant did not withdraw their request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested amendment to terminate DCNA use on potatoes. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

This notice announces EPA's amendment to the order for the deletion of uses, voluntarily requested by the registrant and accepted by the Agency, of products containing formetanate HCl, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This amendment follows a September 14, 2011 Federal Register Use Deletion Order which approved the voluntary request by Gowan Company to delete certain uses from Formetanate HCl product registrations. These are not the last products containing this pesticide registered for use in the United States. The September 14, 2011 cancellation order allowed the formetanate HCl registrants to sell and distribute existing stocks of products under the previously approved labeling until November 30, 2011. The sole technical registrant for Formetanate HCl, Gowan Company has requested to extend their sale and distribution deadline by 60 days. The Agency will extend the deadline for the registrant to sell and distribute existing stocks until January 31, 2012. This amendment does not affect the deadline of December 31, 2013 for persons other than the registrant to sell, distribute, or use existing stocks of products (including those of (24c) Special Local Needs registrations) whose labels include the deleted uses.

EPA has authorized the U.S. Consumer Product Safety Commission (CPSC) to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

EPA is finalizing approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on September 12, 2011 and concern volatile organic compound (VOC) emissions from steam enhanced crude oil production and aerospace coating operations. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This action finalizes the residual risk and technology review conducted for the Primary Lead Processing source category regulated under national emission standards for hazardous air pollutants (NESHAP). This action finalizes amendments to the NESHAP that include revision of the rule's title and applicability provision, revisions to the stack emission limits for lead, work practice standards to minimize fugitive dust emissions, and the modification and addition of testing and monitoring and related notification, recordkeeping, and reporting requirements. It also finalizes revisions to the regulatory provisions related to emissions during periods of startup, shutdown, and malfunction and makes minor non-substantive changes to the rule.

EPA conditionally granted the request from 3M for a waiver from testing tetrabromobisphenol A (CASRN 79-94-7). Regulations issued by EPA under section 4 of the Toxic Substances Control Act require that specified chemical substances be tested to determine if they are contaminated with halogenated dibenzo-p-dioxins (HDDs) or halogenated dibenzofurans (HDFs), and that results be reported to EPA. However, the regulations allow for exclusion and waiver from these requirements if an appropriate application is submitted to EPA and is approved. EPA received such a request for a waiver from these testing requirements from 3M.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the augmented SAB Environmental Economics Advisory Committee to provide early advice on the value of water to the United States (U.S.) Economy. The SAB Staff Office also announces the availability of information on committee members and the opportunity for public comment.

Due to the receipt of adverse comments, EPA is withdrawing the September 27, 2011 (76 FR 59512), direct final rule approving Indiana's request to redesignate the Indianapolis, Indiana nonattainment area (Hamilton, Hendricks, Johnson, Marion, and Morgan Counties) to attainment for the 1997 annual National Ambient Air Quality Standard for fine particulate matter (PM2.5). In the direct final rule, EPA stated that if adverse comments were received by October 27, 2011, the rule would be withdrawn and not take effect. EPA has received adverse comments from three commenters and, therefore, is withdrawing the direct final rule. EPA will address the comments in a subsequent final action based upon the proposed action, also published on September 27, 2011 (76 FR 59599). EPA will not institute a second comment period on this action.

Notice is hereby given of the membership of the Environmental Protection Agency Performance Review Board for 2011.

The Environmental Protection Agency (EPA) will host a meeting of the Interagency Steering Committee on Radiation Standards (ISCORS) on November 14, 2011, in Washington, DC. The purpose of ISCORS is to foster early resolution and coordination of regulatory issues associated with radiation standards. Agencies represented as members of ISCORS include the following: EPA; Nuclear Regulatory Commission; Department of Energy; Department of Defense; Department of Transportation; Department of Homeland Security; Department of Labor's Occupational Safety and Health Administration; and the Department of Health and Human Services. ISCORS meeting observer agencies include the Office of Science and Technology Policy, Office of Management and Budget, Defense Nuclear Facilities Safety Board, as well as representatives from both the States of Illinois and Pennsylvania. ISCORS maintains several objectives: Facilitate a consensus on allowable levels of radiation risk to the public and workers; promote consistent and scientifically sound risk assessment and risk management approaches in setting and implementing standards for occupational and public protection from ionizing radiation; promote completeness and coherence of Federal standards for radiation protection; and identify interagency radiation protection issues and coordinate their resolution. ISCORS meetings include presentations by the chairs of the subcommittees and discussions of current radiation protection issues. Committee meetings normally involve pre-decisional intra-governmental discussions and, as such, are normally not open for observation by members of the public or media. This is the one ISCORS meeting out of four held each year that is open to all interested members of the public. There will be time on the agenda for members of the public to provide comments. Summaries of previous ISCORS meetings are available at the ISCORS Web site, www.iscors.org. The final agenda for the November 14th meeting will be posted on the Web site shortly before the meeting.

The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to its regulations related to heavy-duty engine on-board diagnostic (HD OBD) in California. By letter dated September 27, 2010, CARB requested that EPA confirm that its amendments are within-the-scope of a previous waiver of preemption issued by EPA. In the alternative, CARB requested that EPA confirm that the amendments that relax and clarify the existing HD OBD regulation are within-the- scope of a previous waiver of preemption issued by EPA and that EPA grant a new waiver of preemption for the remainder of CARB's HD OBD amendments. This notice announces that EPA has tentatively scheduled a public hearing concerning California's request and that EPA is accepting written comment on the request.

The U.S. Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Partial Deletion of the following two parcels of the Tar Lake Superfund Site (Site) located in Mancelona, Michigan from the National Priorities List (NPL): The non-East Tailings Area (ETA) part of property PIN 05-11-129-006-00 (41.4 acres); and the non-ETA part of property PIN 05-11-129-007-00 (33.63 acres). Refer to Figures 1 to 3 in the deletion docket to view the location of the two parcels being proposed for deletion. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended, is an appendix to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final partial deletion is being published by EPA with the concurrence of the State of Michigan, through the Michigan Department of Environmental Quality (MDEQ), because EPA has determined that all appropriate response actions at these two parcels under CERCLA, other than operation, maintenance and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund. This partial deletion pertains only to the two property PINs listed above. The deletion of these two parcels from the Site affects all surface soils, subsurface soils, structures and groundwater within the boundaries of these parcels. In 2005, the ETA, approximately 45.49 acres in the northeastern part of the Site, was deleted from the NPL when EPA determined that the ETA was acceptable for unrestricted use and unlimited exposure (UU/UE). The two parcels being proposed for deletion are adjacent to and south of the ETA. The remaining areas of the Site will remain on the NPL and are not being considered for deletion as part of this action.

EPA has received a specific exemption request from the Florida Department of Agriculture and Consumer Services to use the pesticide streptomycin sulfate (CAS No. 3810-74-0) to treat up to 54,000 acres of fresh-market grapefruit to control citrus canker (caused by the bacteria Xanthomonas axonopodis pv. Citri (Xac)). The applicant proposes a use of a pesticide which contains the active ingredient, streptomycin sulfate, also used in humans and animals as an antibiotic drug. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

The purpose of this notice is to inform the public that EPA has recently learned of a corporate merger/acquisition involving a contractor cleared for access to the Toxic Substances Control Act (TSCA) confidential business information and to provide notice that this contract has been extended until December 31, 2011. Protection Strategies Incorporated (PSI) has been the owner of Eagle Technologies Incorporated (Eagle) since March 2010. Eagle's previous contract (EP-W- 06-029) expired September 30, 2011. A bridge contract, signed on September 30, 2011, with Eagle's successor PSI, is currently in place and will expire December 31, 2011. EPA has authorized its contractor, PSI of Arlington, VA, to access information which has been submitted to EPA under all sections of TSCA. Some of the information may be claimed or determined to be Confidential Business Information (CBI).

EPA announced a 60-day public comment period on September 30, 2011, (76FR60825) for the external review draft human health assessment titled, ``Toxicological Review of Vanadium Pentoxide: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635R-11/004A). EPA is extending the public comment period 30 days at the request of the Vanadium Producers and Reclaimers Association. EPA is also rescheduling the listening session to December 8, 2011. The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA has released this draft assessment solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This draft assessment has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. After public review and comment, an EPA contractor will convene an expert panel for independent external peer review of this draft assessment. The public comment period and external peer review meeting are separate processes that provide opportunities for all interested parties to comment on the assessment. The external peer review meeting will be scheduled at a later date and announced in the Federal Register. Public comments submitted during the public comment period will be provided to the external peer reviewers before the panel meeting and considered by EPA in the disposition of public comments. Public comments received after the public comment period closes will not be submitted to the external peer reviewers and will only be considered by EPA if time permits.

In accordance with Section 122(I) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(I), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Tracy Lead Battery Site in Tracy, Minnesota with the following settling parties: Day Side Recycling Corporation, Bay Side Holding Corporation and Zenith Investment and Management Corporation. The settlement requires the settling parties to pay $45,300.00 to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the U.S. EPA Record Center, Room 714 U.S. EPA, 77 West Jackson Boulevard, Chicago, Illinois.