Environmental Protection Agency 2010 – Federal Register Recent Federal Regulation Documents

On June 15, 2010, EPA notified Petitioners that the Agency intended to initiate the reconsideration process in response to their request for reconsideration of certain provisions in the National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources. Among the provisions that EPA is reconsidering is a requirement that certain affected sources obtain a permit. In a separate rule published today, EPA is taking final action to stay for 90 days, the requirement for certain affected sources to comply with the title V permit program. Because we believe the reconsideration process may not be completed within 90 days, we are proposing to stay the provision requiring certain sources to obtain a permit until the final reconsideration rule is published in the Federal Register. EPA is requesting public comment on this proposed stay.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision includes an amendment to Delaware's regulation for Volatile Organic Compounds (VOC) from Consumer and Commercial Products, Section 3.0, Portable Fuel Containers. 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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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 published a cancellation order in the Federal Register of July 30, 2010, concerning the voluntary cancellation of several pesticide products, one of which was Source Dynamics' ethofumesate product, EPA Reg. No. 082542-00005. This notice corrects, with respect to that product, the July 30, 2010 Federal Register notice and cancellation order regarding a public comment and the existing stocks provision. Additionally, EPA published a cancellation order in the Federal Register of July 14, 2010, concerning the voluntary cancellation of affected monosodium methanearsonate (MSMA) pesticide products. This notice corrects typographical errors in the July 14, 2010 notice and cancellation order regarding the EPA registration numbers of two Albaugh Inc., MSMA products affected by the cancellation order.

EPA is announcing a public meeting to receive comments and questions on the EPA Nanomaterial Case Studies (https://cfpub.epa.gov/ ncea/cfm/recordisplay.cfm?deid=230972; https://cfpub.epa.gov/ncea/cfm/ recordisplay.cfm?deid=226723). This meeting will also afford EPA an opportunity to highlight the Nanomaterial Case Studies and how they are being used as part of an ongoing process to refine a long-term research strategy to support the comprehensive environmental assessment of nanomaterials. All interested public parties are requested to register to attend this workshop. Space is limited, and reservations will be accepted on a first-come, first-served basis. Comments may be submitted in writing or as brief oral statements during specified periods of the meeting. EPA intends to consider all such comments in evaluating whether or how to develop further case studies and workshops on nanomaterials.

The EPA is issuing a finding that the EPA-approved state implementation plans (SIP) of 13 states (comprising 15 state and local programs) are substantially inadequate to meet Clean Air Act (CAA) requirements because they do not apply Prevention of Significant Deterioration (PSD) requirements to greenhouse gas (GHG)-emitting sources. In addition, EPA is issuing a ``SIP call'' for each of these states, which requires the state to revise its SIP as necessary to correct such inadequacies. Further, EPA is establishing a deadline for each state to submit its corrective SIP revision. These deadlines, which differ among the states, range from December 22, 2010, to December 1, 2011.

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.

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 for a reinstatement collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

This action finalizes minimum Federal requirements under the Safe Drinking Water Act (SDWA) for underground injection of carbon dioxide (CO2) for the purpose of geologic sequestration (GS). GS is one of a portfolio of options that could be deployed to reduce CO2 emissions to the atmosphere and help to mitigate climate change. This final rule applies to owners or operators of wells that will be used to inject CO2 into the subsurface for the purpose of long-term storage. It establishes a new class of well, Class VI, and sets minimum technical criteria for the permitting, geologic site characterization, area of review (AoR) and corrective action, financial responsibility, well construction, operation, mechanical integrity testing (MIT), monitoring, well plugging, post-injection site care (PISC), and site closure of Class VI wells for the purposes of protecting underground sources of drinking water (USDWs). The elements of this rulemaking are based on the existing Underground Injection Control (UIC) regulatory framework, with modifications to address the unique nature of CO2 injection for GS. This rule will help ensure consistency in permitting underground injection of CO2 at GS operations across the United States and provide requirements to prevent endangerment of USDWs in anticipation of the eventual use of GS to reduce CO2 emissions to the atmosphere and to mitigate climate change.

The EPA Region 10 proposes to approve a correction to the State of Oregon's federally authorized RCRA hazardous waste management program. On January 7, 2010, EPA published a final rule under docket EPA-R10-RCRA 2009-0766 granting final authorization for changes the State of Oregon made to its federally authorized RCRA Hazardous Waste Management Program. These authorized changes included, among others, the Federal Recycled Used Oil Management Standards; Clarification rule, promulgated on July 30, 2003. During a post-authorization review of the State of Oregon's regulations, EPA identified that the Oregon Administrative Rules (OAR), related to the federal used oil management requirements (OAR 340-100-0002), had not been updated to include the adoption of the Federal Recycled Used Oil Management Standards; Clarification rule. Therefore, the State did not have an effective state rule and EPA inaccurately referenced this rule in the State's Final Authorization Action published and effective on January 7, 2010. This action will correct the State of Oregon's federally authorized program, by removing the inaccurate authorization reference to the federal Recycled Used Oil Management Standards; Clarification rule.

The Environmental Protection Agency is required to set the renewable fuel standards each November for the following year based on gasoline and diesel projections from the Energy Information Administration (EIA). Additionally, EPA is required to set the cellulosic biofuel standard each year based on the volume projected to be available during the following year, if the projected volume is less than the applicable volume provided in the statute. These cellulosic biofuel volume projections are to be based in part on EIA projections as well as assessments of production capability from industry. This action establishes annual percentage standards under Clean Air Act section 211(o) for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels that apply to all gasoline and diesel produced or imported in calendar year 2011. We have determined that the applicable volume of cellulosic biofuel on which the percentage standard should be based is 6.0 million ethanol-equivalent gallons. We believe that available volumes of cellulosic biofuel could be significantly higher in 2012. This action also finalizes two changes to the Renewable Fuel Standard program regulations: modifications to the delayed RINs provision which provides a temporary and limited means for certain renewable fuel producers to generate RINs after they have produced and sold renewable fuel, and a new process for parties to petition EPA to authorize use of an aggregate approach to compliance with the renewable biomass provision for foreign feedstocks akin to that applicable to the U.S. Finally, this action makes two administrative announcements, one regarding the price for cellulosic biofuel waiver credits for 2011, and another regarding the status of the aggregate compliance provision for domestic crops.

This final rule makes revisions to the current pesticide tolerance crop grouping regulations which allow establishment of tolerances for multiple related crops, based on data from a representative set of crops. The final rule creates a new crop group for oilseeds, expands existing crop groups by adding new commodities, establishes new crop subgroups, and revises the representative crops in some groups. EPA expects these revisions to promote greater use of crop groupings for tolerance-setting purposes and promote global harmonization of food safety standards. EPA anticipates that more lower-risk pesticides will be able to be utilized for registration on minor crops, including many fruits and vegetables, because of availability of crop grouping tolerances. EPA determines whether residues of a pesticide can be permitted once the required safety finding is made to establish a crop group tolerance. This is the second in a series of planned crop group updates expected to be promulgated over the next several years.

The EPA issued a final rule on November 12, 2008, (effective date January 12, 2009) that revised the primary and secondary National Ambient Air Quality Standards (NAAQS) for lead and associated monitoring requirements. On December 30, 2009, EPA proposed revisions to the lead monitoring requirements. As part of the proposed revisions, EPA proposed requiring monitoring near general aviation airports estimated to have lead emissions of 0.50 tons per year or greater. After the proposal was published, EPA completed a study of ambient lead concentrations near a general aviation airport which may be referenced by the EPA in preparing the final lead monitoring requirements. In addition, a final report on one of the studies relied on in the proposed rule has become available. This action announces the availability of these two studies in the Revision to Lead Ambient Air Monitoring Requirements docket (EPA-HQ-OAR-2006-0735).

On October 19, 2010, EPA published in the Federal Register our proposed determination of the Best Available Retrofit Technology (BART) for the Four Corners Power Plant and requested comment by December 20, 2010. EPA is extending the public comment period until March 18, 2011, for our proposed BART determination. EPA is also postponing the open houses and public hearings announced in the Federal Register on November 12, 2010 and will provide additional notice and details of the rescheduled hearings at a later time.

On May 21, 2010, President Obama issued a Presidential Memorandum requesting that the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA), on behalf of the Department of Transportation, develop, through notice and comment rulemaking, a coordinated National Program under the Clean Air Act (CAA) and the Energy Policy and Conservation Act (EPCA), as amended by the Energy Independence and Security Act (EISA), to improve fuel economy and to reduce greenhouse gas emissions of light-duty vehicles for model years 2017-2025. President Obama requested that the agencies issue a Notice of Intent (NOI) to issue a proposed rulemaking that announces plans for setting stringent fuel economy and greenhouse gas emissions standards for light-duty vehicles for model year 2017 and beyond. On September 30, 2010, the agencies issued the requested Notice, which described the agencies' initial assessment of potential levels of stringency for a National Program for model years 2017-2025 (See 75 FR 62739 (Oct. 13, 2010). This Supplemental Notice highlights input on many of the key issues the agencies have received in response to the September NOI and the accompanying Interim Joint Technical Assessment (TAR) developed by EPA, NHTSA, and the California Air Resources Board, and also provides an overview of many of the key technical analyses the agencies have planned and are conducting to support the upcoming proposed rule.

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.

On March 3, 2010, EPA published final national emission standards for hazardous air pollutants for existing compression ignition stationary reciprocating internal combustion engines. Subsequently, the Administrator received two petitions for reconsideration concerning one particular issue arising from the final rule. EPA is announcing our reconsideration of and requesting public comment on that one issue. Specifically, while EPA is not proposing at this time any specific changes to our regulations, EPA is requesting comment on our decision to amend the limitations on operation of emergency stationary engines to allow emergency engines to operate for up to 15 hours per year as part of an emergency demand response program. EPA plans to issue a final decision on this issue as expeditiously as possible. EPA is seeking comment only on this issue. EPA will not respond to any comments addressing any other issue or any other provisions of the final rule or any other rule.

The EPA is proposing to determine that the Boston-Manchester- Portsmouth (SE), New Hampshire moderate 1997 8-hour ozone nonattainment area continues to attain the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This determination is based upon complete, quality-assured, certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007-2009 monitoring period. Preliminary data available through June 15, 2010 also are consistent with continued attainment. In addition, in accordance with the Clean Air Act, EPA is proposing to determine that this area has attained the 1997 ozone NAAQS as of June 15, 2010, its applicable attainment date.

On January 5, 2010, EPA published a final rule determining that the Hickory-Morganton-Lenoir nonattainment area (hereafter referred to as the ``Hickory Area'') has attaining data for the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS). This action corrects a typographical error in the regulatory language in paragraph (f) of EPA's January 5, 2010, final rule.

EPA is proposing to approve a draft revision to the State Implementation Plan (SIP), submitted by the Commissioner of the Alaska Department of Environmental Conservation (ADEC) to EPA on October 25, 2010, for parallel processing. The proposed SIP revision updates Alaska's Prevention of Significant Deterioration (PSD) program to reflect changes to the Federal PSD program relating to the permitting of greenhouse gas (GHG) emissions. EPA is proposing in this action to approve those revisions if the final SIP revision submitted by Alaska to EPA is consistent with the draft SIP revision.

The Environmental Protection Agency (EPA or Agency) is promulgating numeric water quality criteria for nitrogen/phosphorus pollution to protect aquatic life in lakes, flowing waters, and springs within the State of Florida. These criteria apply to Florida waters that are designated as Class I or Class III waters in order to implement the State's narrative nutrient provision at Subsection 62- 302-530(47)(b), Florida Administrative Code (F.A.C.), which provides that ``[i]n no case shall nutrient concentrations of a body of water be altered so as to cause an imbalance in natural populations of aquatic flora or fauna.''

Pursuant to section 505(b)(2) of the Clean Air Act (CAA), the EPA Administrator signed an order, dated October 18, 2010, partially granting and partially denying a petition to object to a state operating permit issued by the Maryland Department of the Environment (MDE) on January 22, 2009 to Luke Paper Company for its facility located in Luke, Maryland. This order constitutes final action on the petition filed by the Environmental Integrity Project, and Environment Maryland, dated February 27, 2009, requesting that the Administrator object to the issuance of the proposed title V permit. Pursuant to section 505(b)(2) of the CAA, the petitioner may seek judicial review of those portions of the petition which EPA denied in the United States Court of Appeals for the appropriate circuit. Any petition for review shall be filed within 60 days of this notice in accordance with the requirements of section 307 of the CAA.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of requests by the registrants to voluntarily amend their DCNA (dicloran), ziram, diquat dibromide, and chloropicrin product registrations to terminate or delete uses. The requests would delete DCNA use on potatoes, ziram use on blackberries, diquat dibromide use on soybean and sorghum, and chloropicrin use on mushroom casing, potting soil, and small area seed beds when using hand-held fumigation devices. The requests would not terminate the last DCNA, ziram, diquat dibromide, and chloropicrin products registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the uses are deleted only if such sale, distribution, or use is consistent with the terms as described in the final order.

This document notifies the public that the Administrator of EPA has forwarded to the Secretary of Agriculture a draft proposed rule as required by section 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As described in the Agency's semi-annual Regulatory Agenda, the draft proposed rule intends to clarify, restructure, and add specificity to existing labeling regulations for the export of unregistered pesticide products and devices. EPA is also considering a minor new requirement for the labeling of unregistered pesticide products and devices shipped between establishments operated by the same producer to ensure that they are clearly marked as unregistered products intended for export in order to prevent them from inadvertently entering the U.S. market.

EPA is taking direct final action to approve revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Environmental Protection Division (GA EPD) on September 26, 2006, with a clarifying revision submitted on November 6, 2006. The September 26, 2006, submittal includes multiple modifications to Georgia's Air Quality Rules found at Chapter 391-3-1. Previously, EPA took action on the majority of the September 26, 2006, submittal in an action published in the Federal Register on February 9, 2010. In today's action, EPA is addressing only the portion of the September 26, 2006, submittal that relates to revisions to Georgia's Stage II gasoline vapor recovery rule at 391-3-1-.02(zz). These revisions are part of Georgia's strategy to meet the national ambient air quality standards (NAAQS). EPA has determined that these revisions are consistent with the December 12, 2006, EPA memorandum from Stephen D. Page entitled Removal of Stage II Vapor Recovery in Situations Where Widespread Use of Onboard Refueling Vapor Recovery is Demonstrated. EPA is approving Georgia's SIP revisions pursuant to section 110 of the Clean Air Act (CAA or Act).