Wednesday, June 16, 2010

Environmental Federal Register, Vol. 75, No. 115, June 16, 2010

Federal Register
Vol. 75, No. 115
Wednesday, June 16, 2010
 
 
There are 7 announcements in this issue
 
    1. TOXCIS - FR. EPA. Sodium 1,4-Dialkyl Sulfosuccinates; Exemption from the Requirement of a Tolerance
 
    2. AIR - Determination of Acceptability. EPA. Protection of Stratospheric Ozone: Notice 25 for Significant New Alternatives Policy Program
 
    3. TOXICS - FR. EPA. Bacillus thuringiensis eCry3.1Ab Protein in Corn; Temporary Exemption from the Requirement of a Tolerance
 
    4. TOXICS - ANPR/NM/Comment Extension. Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations; Extension of Comment Period and Additional Public Meetings
 
    5. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Motor Vehicle and Engine
Compliance Program Fees (Renewal); EPA ICR No. 2080.04, OMB Control No.
2060-0545
 
    6. WATER - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Performance Evaluation Studies on Wastewater Laboratories (Renewal)
 
    7. ENERGY/Wind - ROD. DOI/MMS. Record of Decision for the Cape Wind Energy Project; Secretary of the Interior's Response to Comments From the Advisory Council on Historic Preservation on the Cape Wind Energy Project
   
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: TOXCIS - FR. EPA. Sodium 1,4-Dialkyl Sulfosuccinates; Exemption from the Requirement of a Tolerance
 
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Rules and Regulations]              
[Page 34045-34049]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0739; FRL-8825-2]

Sodium 1,4-Dialkyl Sulfosuccinates; Exemption from the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY:  This regulation establishes an exemption from the requirement
of a tolerance for residues of sodium 1,4-dialkyl sulfosuccinates
including sodium 1,4-dihexyl sulfosuccinate (CAS Reg. No. 3006-15-3);
sodium 1,4-diisobutyl sulfosuccinate (CAS Reg. No. 127-39-9); and
sodium 1,4-dipentyl sulfosuccinate (CAS Reg. No. 922-80-5) when used as
an inert ingredient in pesticide formulations for pre-harvest and post-
harvest uses, as well as, for application to animals under 40 CFR
180.910 and 40 CFR 180.930, respectively. The Joint Inerts Task Force
(JITF), Cluster Support Team 13 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 the sodium 1,4-dialkyl sulfosuccinates.

DATES: This regulation is effective June 16, 2010. Objections and
requests for hearings must be received on or before August 16, 2010,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0739. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov
. 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Karen Samek, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 347-8825; e-mail address: samek.karen@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: AIR - Determination of Acceptability. EPA. Protection of Stratospheric Ozone: Notice 25 for Significant New Alternatives Policy Program
 
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Rules and Regulations]              
[Page 34017-34040]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-9163-5]
RIN 2060-AG12

Protection of Stratospheric Ozone: Notice 25 for Significant New
Alternatives Policy Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Determination of Acceptability.

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SUMMARY: This Determination of Acceptability expands the list of
acceptable substitutes for ozone-depleting substances under the U.S.
Environmental Protection Agency's Significant New Alternatives Policy
program. The substitutes are for use in the following sectors:
Refrigeration and air-conditioning, foam blowing, aerosols, and
sterilants. The majority of the acceptability decisions find
substitutes acceptable as alternatives to the class II ozone depleting
substances hydrochlorofluorocarbon (HCFC)-22, HCFC-142b and blends
containing one or both of these substances. EPA is also finding one of
the alternatives, HFO-1234ze, acceptable as a substitute for CFC-113 in the heat transfer end use and as a substitute for CFC-11 in the aerosol propellant end use.
The listing of additional refrigerant alternatives as acceptable will
provide users in the refrigeration and air-conditioning sector with
more options for replacing HCFC-22 and HCFC-142b, which, pursuant to
EPA's phaseout regulations, may generally be used only as a refrigerant
to service equipment manufactured before January 1, 2010.

DATES: Effective Date: June 16, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2003-0118 (continuation of Air Docket A-91-42). All
electronic documents in the docket are listed in the index at http://
www.regulations.gov
. Although listed in the index, some information is
not publicly available, i.e., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the EPA Air Docket
(No. A-91-42), 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 Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Melissa Fiffer by telephone at (202)
343-9464, by facsimile at (202) 343-2338, by e-mail at
fiffer.melissa@epa.gov, or by mail at U.S. Environmental Protection
Agency, Mail Code 6205J, Washington, DC 20460. Overnight or courier
deliveries should be sent to the office location at 1310 L Street, NW.,
10th floor, Washington, DC 20005.
    For more information on the Agency's process for administering the
Significant New Alternatives Policy (SNAP) program or criteria for
evaluation of substitutes, refer to the original SNAP rulemaking
published in the Federal Register on March 18, 1994 (59 FR 13044).
Notices and rulemakings under the SNAP program, as well as other EPA
publications on protection of stratospheric ozone, are available from
EPA's Ozone Depletion Web site at http://www.epa.gov/ozone/ including
the SNAP portion at http://www.epa.gov/ozone/snap/.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 3


Subject: TOXICS - FR. EPA. Bacillus thuringiensis eCry3.1Ab Protein in Corn; Temporary Exemption from the Requirement of a Tolerance
 
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Rules and Regulations]              
[Page 34040-34045]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2009-0609; FRL-8829-9]

Bacillus thuringiensis eCry3.1Ab Protein in Corn; Temporary
Exemption from the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a temporary exemption from the
requirement of a tolerance for residues of Bacillus thuringiensis
eCry3.1Ab protein in corn in or on the food and feed commodities of
corn; corn, field; corn, sweet; and corn, pop, when used as a plant-
incorporated protectant in accordance with the terms of Experimental
Use Permit 67979-EUP-8. Syngenta Seeds, Incorporated submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting a temporary exemption from the requirement of a tolerance.
This regulation eliminates the need to establish a maximum permissible
level for residues of Bacillus thuringiensis eCry3.1Ab protein in corn
under the FFDCA. The temporary tolerance exemption expires on June 1,
2012.

DATES: This regulation is effective June 16, 2010. Objections and
requests for hearings must be received on or before August 16, 2010, and must be
filed in accordance with the instructions provided in 40 CFR part 178
(see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0609. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov
. 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (7511P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-8715; e-mail address: mendelsohn.mike@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 4


Subject: TOXICS - ANPR/NM/Comment Extension. Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations; Extension of Comment Period and Additional Public Meetings
 
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Proposed Rules]              
[Page 34076-34077]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-OPPT-2009-0757; FRL-8831-8]
RIN 2070-AJ38

Polychlorinated Biphenyls (PCBs); Reassessment of Use
Authorizations; Extension of Comment Period and Additional Public
Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking; extension of comment
period and additional public meetings.

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

SUMMARY: EPA issued an advance notice of proposed rulemaking (ANPRM) in
the Federal Register of April 7, 2010, concerning the reassessment of
the use authorizations for PCBs. This document extends the comment
period for 45 days, from July 6, 2010, to August 20, 2010. This
extension is necessary to provide the public with an opportunity to
provide additional and more thorough comments. Also, EPA is holding two
additional public meetings to enable additional public comment on the
ANPRM during the comment period extension.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OPPT-2009-0757, must be received on or before August 20, 2010.
     Meetings will be held on July 22, 2010, from 9 a.m. until the last
speaker has spoken or until 1 p.m., in San Francisco, CA and on July
29, 2010, from 6 p.m. to 9 p.m., in New York, NY. Requests to
participate in a meeting must be received 10 days prior to the date of
the meeting.
     To request accommodation of a disability, please contact the
technical person listed under FOR FURTHER INFORMATON CONTACT,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register document of April 7, 2010, for submission of
comments.
     The July 22, 2010 meeting will held in the Hawaii/Palau Room,
First Floor Conference Room, 75 Hawthorne St., San Francisco, CA 94105
and the July 29, 2010 meeting will be held in the Empire Room at the
Hilton Times Square, 234 West 42\nd\ St., New York, NY 10036. Requests
to participate in the meeting, identified by docket ID number EPA-HQ-
OPPT-2009-0757, may be submitted to the technical person listed under
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
John H. Smith, National Program Chemicals Division, Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 566-0512; e-mail address: smith.johnh@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: AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Motor Vehicle and Engine
Compliance Program Fees (Renewal); EPA ICR No. 2080.04, OMB Control No.
2060-0545
 
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]              
[Page 34109-34110]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2009-0981; FRL-9162-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Motor Vehicle and Engine
Compliance Program Fees (Renewal); EPA ICR No. 2080.04, OMB Control No.
2060-0545

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: 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.

DATES: Additional comments may be submitted on or before July 16, 2010.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2009-0981, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Air and Radiation Docket, Mailcode 28221T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Lynn Sohacki, Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality, Environmental Protection Agency, 2000 Traverwood, Ann Arbor,
Michigan 48105; telephone number: 734-214-4851; fax number: 734-214-
4869; e-mail address: sohacki.lynn@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 


ANNOUNCEMENT 6


Subject: WATER - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Performance Evaluation Studies on Wastewater
Laboratories (Renewal)
 
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]              
[Page 34110-34111]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2010-0413; FRL-9163-1; EPA ICR No. 0234.10; OMB Control
No. 2080-0021]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Performance Evaluation Studies on Wastewater
Laboratories (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: 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 December 31, 2010. 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.

DATES: Comments must be submitted on or before August 16, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2010-0413, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail: docket.oeca@epa.gov.
    Fax: (202) 566-9744.
    Mail: Enforcement and Compliance Docket, Environmental
Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
    Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Avenue, 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: Patrick Yellin, Office of Compliance,
Agriculture Division, 2225A, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
564-2970; fax number: 202-564-0085; e-mail address:
yellin.patrick@epa.gov.

 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
 
 

ANNOUNCEMENT 7


Subject: ENERGY/Wind - ROD. DOI/MMS. Record of Decision for the Cape Wind Energy Project; Secretary of the Interior's Response to Comments From the Advisory Council on Historic Preservation on the Cape Wind Energy Project
 
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]              
[Page 34152-34154]

DEPARTMENT OF THE INTERIOR

Minerals Management Service (MMS)

Record of Decision for the Cape Wind Energy Project; Secretary of
the Interior's Response to Comments From the Advisory Council on
Historic Preservation on the Cape Wind Energy Project

AGENCY: Minerals Management Service, Interior.

ACTION: Notice of Availability (NOA) of the Record of Decision (ROD)
and Notice to the Public of the Secretary of the Interior's Response to
Comments From the Advisory Council on Historic Preservation (ACHP).

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SUMMARY: In accordance with the regulations implementing the National
Environmental Policy Act of 1969 (NEPA), the MMS is announcing the
availability of the ROD for the Cape Wind Energy Project (the Project).
The ROD for the Project records the decisions that the MMS reached to
select the Preferred Alternative at Horseshoe Shoal in Nantucket Sound
described in its Final Environmental Impact Statement (January 2009).
After careful consideration of all the concerns expressed during the
lengthy review and consultation process and thorough analyses of the
many factors involved, the Secretary approved the ROD finding that the
public benefits weigh in favor of approving the Cape Wind Project at
the Horseshoe Shoal location. The MMS will offer a commercial lease to
Cape Wind Associates, LLC (CWA) in response to CWA's application. The
CWA's rights to construct and operate the Project pursuant to the lease
are subject to construction and operation approvals from the MMS. The
Secretary of the Interior (the Secretary) and the Director of the MMS
co-signed the ROD for the Project on April 28, 2010.
    In accordance with the regulations implementing Section 106 of the
National Historic Preservation Act of 1966 (NHPA), the public is also
notified that on April 28, 2010, the Secretary responded to the April
2, 2010, comments of the ACHP concerning the Project. The ACHP provided
comments to the Secretary following his termination of the Section 106
consultation on March 1, 2010. The Secretary's response explains his
decision and indicates how the ACHP's comments were taken into account
in his consideration of the effects of the project on historical and
cultural resources. The Secretary provides a detailed response for each
of the ACHP's comments and recommendations.

    Authority: The NOA of the ROD is published pursuant to the
regulations at 40 CFR 1506.6, implementing the provisions of NEPA
(42 U.S.C. 4321 et seq.). The Notice to the Public of the Secretary
of the Interior's Response to the ACHP is published pursuant to the
regulations at 36 CFR 800.7(c)(4)(iii), implementing the provisions
of NHPA (16 U.S.C. 470 et seq.).

 
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