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

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-Propenoic acid, 2-methyl-, telomer with 2-ethylhexyl 2-propenoate, 2-propanol and sodium 2-methyl-2-[(1- oxo-2-propen-1-yl) amino]-1-propanesulfonate (1:1), sodium salt (CAS Reg. No. 1260001-65-7), also known as methacrylic polymer, when used as an inert ingredient in a pesticide chemical formulation under 40 CFR 180.960. AkzoNobel Surface Chemistry LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-Propenoic acid, 2-methyl-, telomer with 2-ethylhexyl 2- propenoate, 2-propanol and sodium 2-methyl-2-[(1-oxo-2-propen-1-yl) amino]-1-propanesulfonate (1:1), sodium salt on food or feed commodities.

This regulation establishes tolerances for residues of flutriafol, (()-[alpha]-(2-fluorophenyl)-[alpha]-(4- fluorophenyl)-1H-1,2,4-triazole-1-ethanol, in or on multiple commodities which are identified and discussed later in this document. Cheminova A/S, c/o Cheminova, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA has granted or denied emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions or denials were granted during the period July 1, 2011 to September 30, 2011, to control unforeseen pest outbreaks.

This regulation establishes an exemption from the requirement of a tolerance for residues of methacrylic acid-methyl methacrylate- polyethylene glycol monomethyl ether methacrylate graft copolymer when used as an inert ingredient in a pesticide chemical formulation. Akzo Noel Surface Chemistry LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of methacrylic acid-methyl methacrylate-polyethylene glycol monomethyl ether methacrylate graft copolymer on food or feed commodities.

This notice announces receipt of applications to register new uses for pesticide products containing currently registered active ingredients, pursuant to the provisions of section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is publishing this notice of such applications, pursuant to section 3(c)(4) of FIFRA.

This regulation establishes an exemption from the requirement of a tolerance for residues of amides, C5-C9, N- [3-(dimethylamino)propyl]; (CAS Reg. No. 1044764-00-2) and amides, C6-C12, N-[3-(dimethylamino)propyl]; (CAS Reg. No. 1044764-06-8) when used as inert ingredients (surfactants) in pesticide formulations applied to growing crops and raw agricultural commodities after harvest. Monsanto Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of amides, C5-C9, N-[3- (dimethylamino)propyl]; (CAS Reg. No. 1044764-00-2) and amides, C6-C12, N-[3-(dimethylamino)propyl]; (CAS Reg. No. 1044764-06-8).

This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to Primus Solutions, Inc., and its subcontractor, Arctic Slope Regional Corporation (ASRC) in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Primus Solutions, Inc., and its subcontractor, ASRC have been awarded a contract to perform work for OPP, and access to this information will enable Primus Solutions, Inc., and its subcontractor, ASRC, to fulfill the obligations of the contract.

EPA is approving in part and disapproving in part state implementation plan (SIP) revisions submitted by California to provide for attainment of the 1997 fine particulate matter (PM2.5) national ambient air quality standards in the San Joaquin Valley (SJV). These SIP revisions are the SJV 2008 PM2.5 Plan (revised 2010 and 2011) and SJV-related provisions of the 2007 State Strategy (revised 2009 and 2011). EPA is approving the emissions inventory, the reasonably available control measures/reasonably available control technology demonstration, reasonable further progress demonstration, attainment demonstration and associated air quality modeling, and the transportation conformity motor vehicle emissions budgets. EPA is also granting California's request to extend the attainment deadline for the SJV to April 5, 2015 and approving commitments to measures and reductions by the SJV Unified Air Pollution Control District and the California Air Resources Board. Finally, it is disapproving the SIP's contingency provisions and issuing a protective finding for transportation conformity determinations under 40 CFR 93.120(a)(3) for this disapproval.

On August 29, 2011, EPA sent West Virginia a letter acknowledging that West Virginia's delegation of authority to implement and enforce NESHAP and NSPS had been updated, as provided for under the previously approved automatic delegation mechanisms. To inform regulated facilities and the public of West Virginia's updated delegation of authority to implement and enforce NESHAP and NSPS, EPA is making available a copy of EPA's letter to West Virginia through this notice.

The Environmental Protection Agency published in the Federal Register of October 17, 2011, a document lifting the Administrative Stay of the reporting requirements for hydrogen sulfide. The Office of the Federal Register mistakenly lifted the stay of the reporting requirements for methyl mercaptan, and the document also inadvertently left out language in the preamble and contained incorrect language in the amendatory instruction section, which section is required by 1 CFR 21.1. This document affirms that the stay on the reporting requirements for methyl mercaptan was not lifted and sets out the language in the preamble and the amendatory instruction section as it should have printed.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The SIP revision adds a new chapter (9VAC5-45Consumer and Commercial Products) in order to control volatile organic compounds (VOC) from portable fuel containers, consumer products, architectural and industrial (AIM) coatings, adhesives and sealants, and asphalt paving operations within the Northern Virginia and Fredericksburg VOC Emissions Control Areas. The SIP revision also includes new and revised documents incorporated by reference into the Virginia regulations (9VAC5-20-21Documents Incorporated by Reference) in order to support the new and revised regulations. This action is being taken under the Clean Air Act (CAA).

EPA Region 10 today issues a final action for six effluent limits for produced water under the National Pollutant Discharge Elimination System (NPDES) General Permit for Oil and Gas Exploration, Development and Production Facilities in State and Federal Waters in Cook Inlet, Permit No. AKG-31-5000 (Permit). The effluent limits subject to the final action are: mercury, copper, total aromatic hydrocarbons (TAH), total aqueous hydrocarbons (TAqH), silver, and whole effluent toxicity (WET), pursuant to the provisions of the Clean Water Act (CWA or ``the Act''), 33 U.S.C. 1251. The Permit continues to allow facilities to apply for permit coverage for exploration, development, and production facilities in Cook Inlet, Alaska that are included in the Coastal and Offshore Subcategories of the Oil and Gas Extraction Point Source Category. State Certification: Section 401 of the Act, 33 U.S.C. 1341, requires EPA to seek a certification from the State that the conditions of the Permit are stringent enough to comply with State water quality standards. EPA obtained a final CWA Section 401 Certification from the Alaska Department of Environmental Conservation (ADEC) on o.

EPA is proposing to approve, with one condition, State Implementation Plan (SIP) revisions submitted by the Pennsylvania Department of Environmental Protection (PADEP) on June 17, 2011. These revisions include the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) attainment plan for the Liberty-Clairton nonattainment area (Liberty-Clairton Area) including a request for EPA to make a determination that the appropriate attainment deadline for this nonattainment area is April 5, 2015. EPA is proposing to approve the attainment plan for the Liberty-Clairton Area that includes the emissions inventories, the reasonably available control measures/reasonably available control technology (RACM/RACT), reasonable further progress (RFP), and contingency measures portions of the attainment demonstration, and the transportation conformity motor vehicle emissions budgets (MVEBs) that demonstrate attainment of the 1997 PM2.5 NAAQS. EPA is proposing to conditionally approve the air quality modeling submitted to demonstrate attainment of the 1997 PM2.5 NAAQS. In order for EPA to fully approve the modeling analysis, PADEP must update the modeling to ensure that the modeling results in the demonstration continue to be valid, considering the reductions from the Cross State Air Pollution Rule (CSAPR) rule that will replace the Clean Air Interstate Rule (CAIR) in 2012, and must submit the revised modeling to EPA within one year after the final conditional approval. EPA is also proposing to determine that the attainment date for the Liberty-Clairton Area is April 5, 2015. These revisions also add the definition of PM2.5, the 1997 annual PM2.5 NAAQS of 15 micrograms per cubic meter ([micro]g/m\3\), the 2006 24-hour NAAQS of 35 [micro]g/m\3\ and the related references to the list of criteria pollutant standards in the Allegheny County Department of Health (ACHD) regulations. EPA is proposing to approve the addition of the definition of PM2.5 and inclusion of the 1997 annual and 2006 24-hour PM2.5 NAAQS into the ACHD regulations. These actions are being taken under the Clean Air Act (CAA).

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia that revises regulatory language that inadvertently ended its nitrogen oxides (NOX) budget at the end of the 2008 ozone season. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

EPA is proposing to make a determination that the Metropolitan Washington, District of Columbia-Maryland-Virginia (DC-MD-VA) and Martinsburg-Hagerstown, West Virginia-Maryland (WV-MD) fine particle (PM2.5) nonattainment areas (hereafter referred to as ``Areas'') have attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. These determinations are based upon complete, quality-assured, and certified ambient air monitoring data for the 2007-2009 monitoring period. EPA is finding these Areas to be in attainment, in accordance with the requirements of the Clean Air Act (CAA).

EPA is proposing an approval of revisions which repeal and replace existing rules, and revisions to the applicable State Implementation Plan (SIP) for New Mexico Albuquerque/Bernalillo County, which relate to fee requirement regulations. The repeal and replace and SIP revisions proposed today would address section 110(a)(2) Clean Air Act (the Act or CAA) requirements related to fees for, in part, reviewing and acting on specific permit applications received by the City of Albuquerque/Bernalillo County Environmental Health Department (EHD or Department); fees to partially offset the administrative cost of permit-related administrative hearings; funding for small business stationary sources; and fees to cover administrative expenses incurred by the Department in implementing the New Mexico Air Quality Control Act, the joint Air Quality Control Board (AQCB) ordinances, and the Albuquerque/Bernalillo County AQCB regulations of the New Mexico Statutes Annotated (NMSA) 1978. EPA finds that these rules and revisions comply with applicable provisions of the CAA and is proposing to approve them into the SIP. This action is being proposed under section 110 of the Act.

The Small Communities Advisory Subcommittee will meet on Thursday, December 1, 2011, at 3 p.m. to 4:30 p.m. (E.T.) at the U.S. EPA East Building, 1201 Constitution Avenue NW., Washington, DC. Topics to be discussed are issues and recommendations to the Administrator regarding environmental issues affecting small communities. This is an open meeting and all interested persons are invited to attend. The Subcommittee will hear comments from the public between 3:30 p.m. and 4 p.m. (E.T.) on Thursday, December 1, 2011. Each individual or organization wishing to address the Committee will be allowed a maximum of five minutes. Also, written comments may be submitted electronically to eargle.frances@epa.gov or contact Frances Eargle the Designated Federal Officer (DFO) at the number listed below to schedule agenda time. Time will be allotted on a first come, first serve basis, and may be extended, if the number of requests for appearances require it.

EPA is approving revisions to the North Dakota State Implementation Plan (SIP) that the Governor of North Dakota submitted with a letter dated April 6, 2009. The revisions affect North Dakota's air pollution control rules regarding general provisions (including rules regarding shutdowns and malfunctions), ambient air quality standards, emissions of particulate matter, permitting, and fees. In addition, EPA is making administrative corrections to the regulatory text for North Dakota that will be codified in the Code of Federal Regulations; we made errors in the identification of plan table when we approved the North Dakota State Implementation Plan revisions for Interstate Transport of pollution, which the Governor also submitted on April 6, 2009. EPA proposed approval of these rules on May 5, 2011 and received no adverse comments. This action is being taken under section 110 of the Clean Air Act (CAA).

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT represents diverse interests from academia, industry, non-governmental organizations, and local, State, and tribal governments. The purpose of this meeting is to continue developing recommendations to the Administrator regarding actions that EPA can take to address critical issues surrounding Workforce Development, and actions the Agency can take to be more effective in serving the needs of Vulnerable Populations. The Council will also begin discussing recommendations to the Agency in response to the National Academy of Sciences Report on ``Incorporating Sustainability in the U.S. Environmental Protection Agency''. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ofacmo/ nacept/cal-nacept.htm.

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 August 23, 2011 and concern volatile organic compound (VOC), oxides of nitrogen (NOX), and particulate matter (PM) emissions from flares. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is proposing to approve revisions to the Pennsylvania State Implementation Plan (SIP), which was submitted to EPA on April 12, 2010 to demonstrate attainment of the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS) for the Pennsylvania portion of the Philadelphia-Wilmington, Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment area (Philadelphia area). This plan (herein called the ``attainment plan'') includes the Pennsylvania portion of the Philadelphia area's attainment demonstration and motor vehicle emission budgets (MVEBs) used for transportation conformity purposes. The attainment demonstration includes an analysis of reasonably available control measures (RACM) and reasonably available control technology (RACT), a base year emissions inventory, and contingency measures. The requirement for a reasonable further progress (RFP) plan is not required because Pennsylvania projected that attainment of the 1997 PM2.5 NAAQS would have occurred in the Pennsylvania portion of the Philadelphia area by the attainment date, April 2010. This action is being taken in accordance with the Clean Air Act (CAA) and the Clean Air Fine Particulate Implementation Rule (PM2.5 Implementation Rule) issued by EPA on April 25, 2007.

EPA is approving portions of three revisions to the Texas State Implementation Plan (SIP) submitted by the State of Texas on August 31, 1993; July 22, 1998; and October 5, 2010. These revisions amend existing sections and create new sections in Title 30 of the Texas Administrative Code (TAC), Chapter 116Control of Air Pollution by Permits for New Construction or Modification. The August 31, 1993, revision creates two new sections for the use of emission reductions as offsets in new source review permitting. The July 22, 1998, revision allows for the use of Discrete Emission Reduction Credits (DERC) to exceed emission limits in permits (permit allowables) and updates internal citations to other Texas regulations. The October 5, 2010, revision updates internal citations to other Texas regulations. EPA has determined that these SIP revisions comply with the Clean Air Act and EPA regulations and are consistent with EPA policies. This action is being taken under authority of the Federal Clean Air Act (the Act or CAA).

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

Pursuant to section 304(a) of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) is announcing the availability of draft national recommended water quality criteria for the protection of aquatic life from effects of carbaryl (EPA-820-D-11-001). The draft criteria document incorporates the latest scientific knowledge on the toxicity of carbaryl to aquatic life. The aquatic life criteria are developed based on EPA's Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses (1985), (EPA/R-85-100). EPA's recommended section 304(a) water quality criteria provides guidance to States and authorized Tribes in adopting water quality standards for protecting aquatic life and human health. These criteria are intended to protect aquatic life and do not evaluate human health toxicity data. EPA is soliciting scientific views on this document. EPA's recommended water quality criteria provide technical information for states and authorized tribes in adopting water quality standards, but by themselves have no binding legal effect.