Environmental Protection Agency May 2012 – Federal Register Recent Federal Regulation Documents

This regulation establishes an exemption from the requirement of a tolerance for residues of 1,2-ethanediamine, N1-(2-aminoethyl)-, polymer with 2,4-diisocyanato-1-methylbenzene, when used as an inert ingredient in a pesticide chemical formulation. ICR, Inc., on behalf of Triton Systems, Inc., 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 1,2- ethanediamine, N1-(2-aminoethyl)-, polymer with 2,4-diisocyanato-1- methylbenzene on food or feed commodities.

Pursuant to section 304(a) of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) is announcing the availability of final national recommended water quality criteria for the protection of aquatic life from effects of carbaryl (EPA-820-R-12-007). The final criteria document incorporates the latest scientific knowledge on the toxicity of carbaryl to aquatic life. On November 1, 2011, EPA published draft national recommended water quality criteria for carbaryl and provided the public an opportunity to provide scientific views. EPA developed the aquatic life criteria 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'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. EPA's national recommended final acute and chronic ambient water quality criteria (AWQC) for protecting freshwater organisms from potential effects of carbaryl is 2.1 [mu]g/L. For the protection of estuarine/marine organisms from potential effects of carbaryl, EPA is recommending a final acute AWQC of 1.6 [mu]g/L. At the present time, there are insufficient data to calculate a chronic AWQC for estuarine/ marine organisms.

The EPA hereby withdraws nine final Total Maximum Daily Loads (TMDLs) for Chloride, Sulfate, and Total Dissolved Solids (TDS) for the Bayou de L'Outre Watershed in Arkansas. The EPA withdraws the Bayou de L'Outre TMDLs due to the discovery of inconsistencies in the values used to derive the flow and load duration curves, resulting in the calculation of TMDLs which do not accurately reflect the loading capacity of the segments. This action does not affect seven other final TMDLs published under the same Federal Register notice (see 76 FR 52947) which pertain to segments 08040203-010, 08040204-006, and 08040206-015, -016, -716, -816, -916. The Agency hereby withdraws the final TMDLs pertaining to segments 08040202-006, -007, and -008 with respect to Chlorides, Sulfates and TDS. Public Participation: EPA received five comment letters from representatives of Clean Harbors Environmental Services, Clean Harbors Environmental ServicesEl Dorado, El Dorado Water Utility, Great Lakes Chemical CorporationChemtura, and Lion Oil Company in support of the withdrawal of nine TMDLs pertaining to Bayou de L'Outre. The Agency did not receive any adverse comments relating to the withdrawal action.

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. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

EPA is approving a revision to the Rhode Island State Implementation Plan (SIP) that addresses regional haze for the first planning period from 2008 through 2018. The revision was submitted by the Rhode Island Department of Environmental Management (RI DEM) on August 7, 2009. This revision addresses the requirements of the Clean Air Act (CAA) and EPA's regulations that require States to prevent any future, and remedy any existing, manmade impairment of visibility in mandatory Class I Areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program'').

EPA is taking action to finalize two separate and independent determinations regarding the fine particulate matter (PM2.5) nonattainment area of Baltimore (hereafter referred to as the ``Baltimore Area'' or ``Area''). First, EPA is determining that the Baltimore Area has attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA). This determination is based upon complete, quality-assured, and certified ambient air monitoring data for the 2008-2010 monitoring period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS, and data available to date for 2011 in EPA's Air Quality System (AQS) database showing that the Area continues to attain. Under EPA's PM2.5 implementation regulations, this final determination suspends obligation of the Area to submit an attainment demonstration and associated reasonably available control measures and reasonably available control technologies (RACM/RACT), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to the attainment of the standard for so long as the Area continues to attain the 1997 annual PM2.5 NAAQS. EPA is also determining, based on complete quality-assured and certified monitoring data for the 2007- 2009 monitoring period, that the Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010. In addition, EPA is withdrawing its July 31, 2009 (74 FR 38161) proposed determination of attainment for the Baltimore Area, because more recent monitoring data has become available. EPA is finalizing a determination of attainment for the Baltimore Area, in accordance with the requirements of the (CAA).

The EPA is proposing to amend specific provisions of the Greenhouse Gas Reporting Rule to provide greater clarity and flexibility to facilities subject to reporting emissions from certain source categories. These source categories will report greenhouse gas (GHG) data for the first time in September of 2012. The proposed changes are not expected to significantly change the overall calculation and monitoring requirements of the Greenhouse Gas Reporting Rule or add additional requirements for reporters, but are expected to correct errors and clarify existing requirements in order to facilitate accurate and timely reporting. The EPA is also proposing confidentiality determinations for four new data elements for the fluorinated gas production source category of the Greenhouse Gas Reporting Rule. Lastly, we are proposing an amendment to Table A-7 of the general provisions to add a data element used as an input to an emission equation in the fluorinated gas production source category.

This rule establishes initial air quality designations for most areas in the United States, including areas of Indian country, for the 2008 primary and secondary national ambient air quality standards (NAAQS) for ozone. The designations for several counties in Illinois, Indiana, and Wisconsin that the EPA is considering for inclusion in the Chicago nonattainment area will be designated in a subsequent action, no later than May 31, 2012. Areas designated as nonattainment are also being classified by operation of law according to the severity of their air quality problems. The classification categories are Marginal, Moderate, Serious, Severe, and Extreme. The EPA is establishing the air quality thresholds that define the classifications in a separate rule that the EPA is signing and publishing in the Federal Register on the same schedule as these designations. In accordance with that separate rule, six nonattainment areas in California are being reclassified to a higher classification.

EPA is proposing to supplement an April 18, 2012, proposed rule related to submissions provided by the State of Florida, through the Florida Department of Environmental Protection (FDEP) on December 13, 2007, and supplemented on April 18, 2008, to demonstrate that the Florida State Implementation Plan (SIP) meets the ``infrastructure'' requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or Act) for the 1997 8-hour ozone national ambient air quality standards (NAAQS). First, EPA is proposing to supplement that earlier proposed action by proposing full approval of the State's section 110(a)(2)(E)(ii) infrastructure SIP in addition to the earlier proposed conditional approval of this sub-element. Second, EPA is proposing approval of the State's section 110(a)(2)(G) infrastructure SIP in addition to the earlier proposed federal implementation plan (FIP) for this element. In addition, EPA is proposing to approve two related draft revisions to the Florida SIP that were submitted for parallel processing by FDEP on April 19, 2012, to address the requirements of section 128 and the substantive requirements of section 110(a)(2)(G) of the CAA.

This regulation revises the temporary exemption from the requirement of a tolerance for residues of Prohydrojasmon (PDJ), propyl-3-oxo-2-pentylcyclo-pentylacetate, by including grapes and extending the date of expiration of the temporary tolerance exemption from August 1, 2012, to August 1, 2014, when used as a plant growth regulator pre-harvest and in accordance with good agricultural practices and with the terms of Experimental Use Permit (EUP) No. 62097-EUP-1. Fine Agrochemicals, Ltd., submitted a petition to the U.S. Environmental Protection Agency (EPA or the Agency) under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting the amendment to the temporary tolerance exemption.

EPA is proposing to approve the ozone 2002 base year emissions inventory portion of the state implementation plan (SIP) revision submitted by the South Carolina Department of Health and Environmental Control (SC DHEC) on April 29, 2010. The emissions inventory is included in the ozone attainment demonstration that was submitted for the 1997 8-hour ozone national ambient air quality standards (NAAQS) for the portion of York County, South Carolina that is within the bi- state Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area. The Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-hour ozone nonattainment area (hereafter referred to as the ``bi-state Charlotte Area'') is comprised of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell (Davidson and Coddle Creek Townships) Counties in North Carolina; and a portion of York County in South Carolina. This action is being taken pursuant to section 110 of the Clean Air Act. EPA will take action on the North Carolina submission for the ozone 2002 base year emissions inventory, for its portion of the bi-state Charlotte Area, in a separate action. In the Final Rules Section of this Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments.

EPA will be authorizing several Student Services contractors 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).

This rule modifies the testing procedures approved for analysis and sampling under the Clean Water Act. EPA proposed these changes for public comment on September 23, 2010. The changes adopted in this final rule fall into the following categories: New and revised EPA methods and new and revised methods published by voluntary consensus standard bodies (VCSB), such as ASTM International and the Standard Methods Committee; updated versions of currently approved methods; methods reviewed under the alternate test procedures (ATP) program; clarifications to the process for EPA approval for use of alternate procedures for nationwide and Regional use; minimum quality control requirements to improve consistency across method versions; corrections to previously approved methods; and revisions to sample collection, preservation, and holding time requirements. Finally, EPA makes changes to three effluent guideline regulations.

EPA is correcting a proposed rule that appeared in the Federal Register on April 20, 2012. The proposed rule includes the proposed Federal Implementation Plan (FIP) to address regional haze in the State of Montana and the proposed approval of revisions to the Montana SIP submitted by the State of Montana through the Montana Department of Environmental Quality on February 17, 2012. We are correcting some typographical errors and clarifying some information with this document.

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.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: Foreign Purchaser Acknowledgement Statement of Unregistered Pesticides; EPA ICR No. 0161.12, OMB Control No. 2070-0027. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.

This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Oklahoma's hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.

EPA is soliciting applications for the critical use exemption from the phaseout of methyl bromide for 2015. Critical use exemptions last only one year. All entities interested in obtaining a critical use exemption for 2015 must provide EPA with technical and economic information to support a ``critical use'' claim and must do so by the deadline specified in this notice even if they have applied for an exemption in previous years. Today's notice also invites interested parties to provide EPA with new data on the technical and economic feasibility of methyl bromide alternatives.

On March 5, 2012, EPA sent the Commonwealth of Virginia (Virginia) a letter acknowledging that Virginia's delegation of authority to implement and enforce National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public of Virginia's updated delegation of authority to implement and enforce NESHAP and NSPS, EPA is making available a copy of EPA's letter to Virginia through this notice.

The EPA issued ``Revisions to Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone'' as a direct final rule on February 21, 2012. Because the EPA received adverse comments on this action, we are withdrawing the direct final rule.

EPA is promulgating technology-based effluent limitations guidelines (ELGs) and new source performance standards (NSPS) under the Clean Water Act (CWA) for discharges from airport deicing operations. The requirements generally apply to wastewater associated with the deicing of airfield pavement at primary airports. The rule requires all such airports to comply with requirements based on substitution of less toxic pavement deicers that do not contain urea. The rule also establishes NSPS for wastewater discharges associated with aircraft deicing for a subset of new airports. These airports must also meet requirements based on collection of deicing fluid and treatment of the collected fluid. The ELGs and NSPS will be incorporated into National Pollutant Discharge Elimination System (NPDES) permits issued by the permitting authority. EPA expects compliance with this regulation to reduce the discharge of deicing-related pollutants by 16 million pounds per year. EPA estimates the annual cost of the rule at $3.5 million.

EPA is notifying the public that EPA has found that the 2008 and 2022 motor vehicle emissions budgets in the March 2, 2012 New Hampshire State Implementation Plan (SIP) revision are adequate for transportation conformity purposes. The submittal includes MOVES2010 motor vehicle emissions budgets for 2008 and 2022 for the Boston- Manchester-Portsmouth (Southeast), New Hampshire 8-hour ozone area. As a result of our finding, the State of New Hampshire must use these motor vehicle emissions budgets for future conformity determinations for the Boston-Manchester-Portsmouth (Southeast), New Hampshire 8-hour ozone area.

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 November 30, 2012. Before submitting the ICR to OMB for review and approval, the EPA is soliciting comments on specific aspects of the proposed information collection as described below.

This regulation establishes an exemption from the requirement of a tolerance for residues of acetone (67-64-1) when used as an inert ingredient as a solvent or co-solvent, 40 CFR 180.930, in pesticides products applied to animals. Whitmire Micro-Gen (now affiliated with BASF Corp.; 3568 Tree Court Industrial Blvd., St. Louis, MO 63112) 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 acetone.