Friday, August 13, 2010

Environmental Federal Register, Vol. 75, No. 156, August 13, 2010

Federal Register
Vol. 75, No. 156
Friday, August 13, 2010
 
 
There are 6 announcements in this issue
 
    1. REMED - FR. EPA. Cooperative Agreements and Superfund State Contracts for Superfund Response Actions
 
    2. AIR, CLIMATE - FR/Petitions Denial. EPA. EPA's Denial of the Petitions To Reconsider the Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act
 
    3. AIR, TRANSPORT - PR. EPA. Transportation Conformity Rule Restructuring Amendments
 
    4. TOXICS - PR. EPA. TSCA Inventory Update Reporting Modifications
 
    5. TOXICS - ND. EPA. Nanomaterial Case Study: Nanoscale Silver in Disinfectant Spray
 
    6. TOXICS - ND. EPA. Establishment of a New System of Records for Personal Information Collected by the Environmental Protection Agency When Certifying Pesticide Applicators
   
CODES USED:  THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.  

REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES:  AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES  - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT -  Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
 

ANNOUNCEMENT 1


Subject: REMED - FR. EPA. Cooperative Agreements and Superfund State Contracts for Superfund Response Actions
 
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Rules and Regulations]              
[Page 49414-49417]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 35

[FRL-9189-1]
RIN 2050-AG58

Cooperative Agreements and Superfund State Contracts for
Superfund Response Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule amends the regulation by allowing interim progress
reports to be due in 60 days, instead of the current 30-day
requirement, following the close of the quarterly and semi-annual
reporting periods. In addition, this amendment allows the recipient of
a Superfund State Contract (SSC) to request that EPA apply any
overpayment of cost share to another site. The revisions affect States,
Indian Tribes, intertribal consortia, and political subdivisions. The
revisions will improve the administration and effectiveness of
Superfund Cooperative Agreements and Superfund State Contracts.

DATES: This rule is effective October 12, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-SFUND-2010-0085. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the CERCLA Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the CERCLA docket is (202) 566-0276.

FOR FURTHER INFORMATION CONTACT: Angelo Carasea, Assessment and
Remediation Division, Office of Superfund Remediation and Technology
Innovation, (5204P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number: (703) 603-8828; fax
number: (703) 603-9112; e-mail address: carasea.angelo@epa.gov.
 
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ANNOUNCEMENT 2


Subject: AIR, CLIMATE - FR/Petitions Denial. EPA. EPA's Denial of the Petitions To Reconsider the Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act
 
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Rules and Regulations]              
[Page 49555-49594]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Chapter 1

[EPA-HQ-OAR-2009-0171; FRL-9184-8]

EPA's Denial of the Petitions To Reconsider the Endangerment and
Cause or Contribute Findings for Greenhouse Gases Under Section 202(a)
of the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice, denial of petitions to reconsider.

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SUMMARY: The Environmental Protection Agency (EPA) is denying the
petitions to reconsider the Endangerment and Cause or Contribute
Findings for Greenhouse Gases under Section 202(a) of the Clean Air
Act. The Findings were signed by the Administrator on December 7, 2009.
EPA has carefully reviewed all of the petitions and revisited both the
scientific record and the Administrator's decision process underlying
the Findings in light of these petitions. EPA's analysis of the
petitions reveals that the petitioners have provided inadequate and
generally unscientific arguments and evidence that the underlying
science supporting the Findings is flawed, misinterpreted or
inappropriately applied by EPA. The petitioners' arguments fail to meet
the criteria for reconsideration under the Clean Air Act. The science
supporting the Administrator's finding that elevated concentrations of
greenhouse gases in the atmosphere may reasonably be anticipated to
endanger the public health and welfare of current and future U.S.
generations is robust, voluminous, and compelling, and has been
strongly affirmed by the recent science assessment of the U.S. National
Academy of Sciences.

DATES: This denial is effective July 29, 2010.

ADDRESSES: EPA's docket for this action is Docket ID No. EPA-HQ-OAR-
2009-0171: All documents in the docket are listed on the http://
www.regulations.gov
Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
EPA's Docket Center, Public Reading Room, EPA West Building, Room 3334,
1301 Constitution Avenue, NW., Washington, DC 20004. This Docket
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is (202) 566-1744, and the telephone number for the Air Docket is
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Jeremy Martinich, Climate Change
Division, Office of Atmospheric Programs (MC-6207J), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 343-9927; fax number: (202) 343-2202; e-mail
address: ghgendangerment@epa.gov. For additional information regarding
this Notice, please go to the Web site http://www.epa.gov/
climatechange/endangerment.html
.
 
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ANNOUNCEMENT 3


Subject: AIR, TRANSPORT - PR. EPA. Transportation Conformity Rule Restructuring Amendments
 
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Proposed Rules]              
[Page 49435-49447]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 93

[EPA-HQ-OAR-2009-0128; FRL-9188-5]
RIN 2060-AP57

Transportation Conformity Rule Restructuring Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In this action, EPA is proposing to restructure several
sections of the transportation conformity rule so that they would apply
to any new or revised National Ambient Air Quality Standards (NAAQS)
that are established in the future for transportation-related criteria
pollutants. This proposal should reduce the need to amend the rule in
the future for the sole purpose of referencing specific new or revised
NAAQS. EPA is also proposing in this action that a near-term year would
have to be analyzed when using the budget test when an area's
attainment date has passed, or when an area's attainment date has not
yet been established. The budget test demonstrates that the total on-
road emissions projected for a metropolitan transportation plan or TIP
are within the emissions limits (``budgets'') established by the state
air quality implementation plan (``SIP'').
    This action also includes several administrative proposals and
clarifications to improve implementation of the rule.
    The Clean Air Act (CAA) requires federally supported transportation
plans, transportation improvement programs, and projects to be
consistent with (``conform to'') the purpose of the state air quality
implementation plan. The U.S. Department of Transportation (DOT) is
EPA's Federal partner in implementing the transportation conformity
regulation. EPA has consulted with DOT, and they concur with this
proposed rule.

DATES: Written comments on this proposal must be received on or before
September 13, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0128, by one of the following methods:
    http://www.regulations.gov: Follow the online instructions
for submitting comments.
    E-mail: a-and-r-docket@epa.gov.
    Fax: (202) 566-9744.
    Mail: Air Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OAR-2009-0128. Please include a total of
two copies.
    Hand Delivery: Air Docket, Environmental Protection
Agency: EPA West Building, EPA Docket Center (Room 3334), 1301
Constitution Ave., NW., Washington, DC, Attention Docket ID No. EPA-HQ-
OAR-2009-0128. Please include two copies. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.   

FOR FURTHER INFORMATION CONTACT: Patty Klavon, State Measures and
Conformity Group, Transportation and Regional Programs Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105, e-mail address: klavon.patty@epa.gov, telephone number: (734)
214-4476, fax number: (734) 214-4052; or Laura Berry, State Measures
and Conformity Group, Transportation and Regional Programs Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105, e-mail address: berry.laura@epa.gov, telephone number: (734)
214-4858, fax number: (734) 214-4052.
 
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ANNOUNCEMENT 4


Subject: TOXICS - PR. EPA. TSCA Inventory Update Reporting Modifications
 
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Proposed Rules]              
[Page 49655-49707]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 704, 710, and 711

[EPA-HQ-OPPT-2009-0187; FRL-8833-5]
RIN 2070-AJ43

TSCA Inventory Update Reporting Modifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Toxic Substances Control Act (TSCA) Inventory Update
Reporting (IUR) rule enables EPA to collect and then make public
critical information on the manufacturing, processing, and use of
commercial chemicals, including current information on volumes of
chemical production, manufacturing facility data, and how the chemicals
are used. This information helps the Agency determine whether chemicals
may be dangerous to people or the environment. EPA proposes to amend
the TSCA IUR rule, thereby providing improved information for EPA to
better identify and, where appropriate, take steps to manage risks
associated with chemical substances and mixtures (referred to hereafter
as chemical substances). Additionally, improved information would be
available for the public. The IUR rule, promulgated under TSCA section
8(a), requires manufacturers (including importers) of certain chemical
substances on the TSCA Chemical Substance Inventory (TSCA Inventory) to
report information about the manufacturing (including import),
processing, and use of those chemical substances. EPA is proposing to
require electronic reporting of IUR information and to modify IUR
reporting requirements, including certain circumstances that trigger
reporting, the specific data to be reported, the reporting standard for
processing and use information, and Confidential Business Information
(CBI) reporting procedures. These modifications would provide
information to better address Agency and public information needs,
improve the usability and reliability of the reported data, and ensure
that data are available in a timely manner.

DATES: Comments must be received on or before October 12, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2009-0187, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2009-0187. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.   

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Susan Sharkey, Chemical Control Division, (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-8789; e-mail address: sharkey.susan @epa.gov.
     For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address: TSCA-Hotline@epa.gov.

 
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ANNOUNCEMENT 5


Subject: TOXICS - ND. EPA. Nanomaterial Case Study: Nanoscale Silver in Disinfectant Spray
 
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]              
[Page 49487-49489]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9189-3; Docket ID No. EPA-HQ-ORD-2010-0658]

Nanomaterial Case Study: Nanoscale Silver in Disinfectant Spray

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period.

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SUMMARY: EPA is announcing a 45-day public comment period for the draft
document ``Nanomaterial Case Study: Nanoscale Silver in Disinfectant
Spray'' (EPA/600/R-10/081). The document is being issued by the
National Center for Environmental Assessment within EPA's Office of
Research and Development. The draft is intended to serve as part of a
process to help identify and prioritize scientific and technical
information that could be used in conducting comprehensive
environmental assessments of selected nanomaterials. It does not
attempt to draw conclusions regarding potential environmental risks of
nanoscale silver; rather, it aims to identify what is known and unknown
about nanoscale silver to support future assessment efforts.
    When finalizing the draft document, EPA intends to consider any
public comments that EPA receives in accordance with this notice.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination review under applicable information quality guidelines.
This document has not been formally disseminated by EPA. It does not
represent and should not be construed to represent any Agency policy or
determination.
    The draft document is available via the Internet on the NCEA home
page under the Recent Additions and the Data and Publications menus at
http://www.epa.gov/ncea.

DATES: The 45-day public comment period begins August 13, 2010, and
ends September 27, 2010. Technical comments should be in writing and
must be received by EPA by September 27, 2010.

ADDRESSES: The draft ``Nanomaterial Case Study: Nanoscale Silver in
Disinfectant Spray'' is available primarily via the Internet on the
National Center for Environmental Assessment's home page under the
Recent Additions and the Data and Publications menus at http://
www.epa.gov/ncea
. A limited number of paper copies are available from
Deborah Wales, NCEA-RTP, Research Triangle Park, NC 27711; phone: (919)
541-4731; facsimile: (919) 541-5078. If you are requesting a paper
copy, please provide your name, your mailing address, and the document
title, ``Nanomaterial Case Study: Nanoscale Silver in Disinfectant
Spray.''
    Comments may be submitted electronically via http://
www.regulations.gov
, by mail, by facsimile, or by hand delivery/
courier. Please follow the detailed instructions provided in the
SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on the public comment
period, contact the Office of Environmental Information Docket;
telephone: 202-566-1752; facsimile: 202-566-1753; or e-mail:
ORD.Docket@epa.gov.
    For technical information, contact Dr. J. Michael Davis, NCEA;
telephone: (919) 541-4162; facsimile: (919) 685-3331; or e-mail:
Davis.Jmichael@epa.gov.
 
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ANNOUNCEMENT 6


Subject: TOXICS - ND. EPA. Establishment of a New System of Records for Personal Information Collected by the Environmental Protection Agency When Certifying Pesticide Applicators
 
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]              
[Page 49489-49491]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9189-5; EPA-HQ-OEI-2010-0263]

Establishment of a New System of Records for Personal Information
Collected by the Environmental Protection Agency When Certifying
Pesticide Applicators

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency's (EPA) Office of
Pesticide Programs, Field & External Affairs Division, is giving notice
that it proposes to create a new system of records pursuant to the
provisions of the Privacy Act of 1974 (5 U.S.C. 552a). This system of
records contains personal information collected when EPA certifies
persons to apply restricted use pesticides (RUPs).

DATES: Persons wishing to comment on this new system of records notice
must do so by September 22, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2010-0263, by one of the following methods:
    http://www.regulations.gov: Follow the online instructions
for submitting comments.
    E-mail: oei.docket@epa.gov.
      Fax: 202-566-1752.
    Mail: OEI Docket, Environmental Protection Agency, Mail
code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are
only accepted during the docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.   

FOR FURTHER INFORMATION CONTACT: Jenna Carter, Office of Pesticide
Programs, Field & External Affairs Division, U.S. Environmental
Protection Agency, Mail Code 7506P, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number 703-308-8370.

 
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