Environmental Protection Agency 2013 – Federal Register Recent Federal Regulation Documents

EPA is taking final action approving State Implementation Plan (SIP) revisions submitted by the State of Colorado. On May 25, 2011, the Governor of Colorado's designee submitted to EPA a revised maintenance plan for the Aspen area for the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM10), which was adopted by the State on December 16, 2010. As required by Clean Air Act (CAA) section 175A(b), this revised maintenance plan addresses maintenance of the PM10 standard for a second 10-year period beyond the area's original redesignation to attainment for the PM10 NAAQS. In addition, EPA is approving the revised maintenance plan's 2023 transportation conformity motor vehicle emissions budget for PM10. This action is being taken under sections 110 and 175A of the CAA.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Annual Public Water System Compliance Report'' (EPA ICR No. 1812.05, OMB Control No. 2020-2020) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through March 31, 2014. 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.

This notice announces EPA's order for the cancellations, voluntarily requested by the registrants, and accepted by the Agency, of the products listed in Tables 1 and 2 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a May 29, 2013 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II., to voluntarily cancel these product registrations. In the May 29, 2013 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received a comment on the notice but it did not merit its further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

EPA is redesignating under the Clean Air Act (CAA) the Ohio portion of the Steubenville-Weirton area (Jefferson County, OH and Brooke and Hancock Counties, WV) to attainment for the 1997 annual and 2006 24-hour national ambient air quality standards (NAAQS or standard) for fine particulate matter (PM2.5). On April 16, and May 31, 2012, the Ohio Environmental Protection Agency (OEPA) submitted a request for EPA to redesignate the Steubenville-Weirton Ohio nonattainment area. EPA determined that the Steubenville-Weirton area has attained the 1997 annual and 2006 24-hour PM2.5 standard, and proposed to approve Ohio's request to redesignate the area on July 11, 2013. EPA's final rulemaking involves several related actions. EPA is approving, as a revision to the Ohio state implementation plan (SIP), the state's plan for maintaining the 1997 annual and 2006 24-hour PM2.5 NAAQS in the area through 2025. EPA is making a finding of insignificance for Ohio's motor vehicle emissions of nitrogen oxides (NOX) and direct PM2.5 for the Steubenville-Weirton area for transportation conformity purposes. Therefore, as Ohio requested, EPA is redesignating the Ohio portion of the Steubenville-Weirton area to attainment for the 1997 PM2.5 annual and 2006 24-hour standards.

EPA is taking direct final action to approve the State Implementation Plan (SIP) submitted by the state of Missouri on August 12, 2011. This revision will update the state general conformity rule in its entirety to bring in into compliance with the Federal general conformity rule which was updated in the Federal Register on April 5, 2010. General conformity regulations prohibit Federal agencies from taking actions that may cause or contribute to violations of the National Ambient Air Quality Standards (NAAQS). This rule applies to non- attainment and maintenance areas of the state. The revision to Missouri's rule does not have an adverse affect on air quality. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).

In this Denial of Objections Order, EPA is denying the objections submitted by Amvac Chemical Corporation (AMVAC) to a Revocation Order EPA issued in May 2013 under the Federal Food, Drug, and Cosmetic Act (FFDCA) revoking all tolerances for the pesticide difenzoquat. EPA revoked the tolerances, consistent with the terms of a previously issued Data Call-In Order, because no notices of intent to submit the required data were submitted, as directed by that Data Call- In Order. In its objections, AMVAC requested that EPA delay the effective date for revoking the difenzoquat tolerances for 4\1/2\ years to allow for importation of food commodities that will be treated with the pesticide in Canada over the next 2 years. EPA denies AMVAC's objections because AMVAC has not filed a proper objection to the Revocation Order.

This regulation establishes tolerances for residues of quinoxyfen in or on multiple commodities which are identified and discussed later in this document. This regulation also deletes the established tolerances in or on grape; pepper, bell; pepper, nonbell; and strawberry as they will be superseded by crop group/subgroup tolerances established by this tolerance rule. The Interregional Research Project Number 4 (IR-4) Project Headquarters requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Since the amendments of October 1988, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has required payment of an annual maintenance fee to keep pesticide registrations in effect. The fee due last January 15, 2013, has gone unpaid for 220 registrations. Section 4(i)(5)(G) of FIFRA provides that the EPA Administrator may cancel these registrations by order and without a hearing; orders to cancel all 220 of these registrations have been issued within the past few days.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Information Collection Request Renewal for the NOX Budget Trading Program to Reduce the Regional Transport of Ozone'' (EPA ICR No. 1857.06, OMB Control No. 2060-0445) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through February 28, 2014. 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.

EPA is proposing to determine that the New York County nonattainment area in New York is attaining the National Ambient Air Quality Standard (NAAQS) for particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) based on certified, quality-assured ambient air monitoring data for the years 2010 through 2012. The State of New York submitted a letter dated January 14, 2013, requesting EPA to make a clean data determination for the nonattainment area of New York County. Based on our proposed determination that the New York County nonattainment area is attaining the PM10 NAAQS, EPA is also proposing to determine that New York's obligation to make submissions to meet certain Clean Air Act requirements related to attainment of the NAAQS is not applicable for as long as the New York County nonattainment area continues to attain the NAAQS.

Under the Federal Advisory Committee Act, EPA gives notice of a meeting of the National Environmental Education Advisory Council (NEEAC). The NEEAC was created by Congress to advise, consult with, and make recommendations to the Administrator of the Environmental Protection Agency (EPA) on matters related to activities, functions and policies of EPA under the National Environmental Education Act (the Act). The purpose of this meeting is to discuss specific topics of relevance for consideration by the council in order to provide advice and insights to the Agency on environmental education.

The Environmental Protection Agency has submitted an information collection request (ICR), Registration of Fuels and Fuel AdditivesRequirements for Manufacturers (Renewal) (EPA ICR No. 0309.14, OMB Control No. 2060-0150), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through September 30, 2013. Public comments were previously requested via the Federal Register (78 FR 16498) on March 15, 2013 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. 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 Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Plywood and Composite Products (40 CFR Part 63, Subpart DDDD) (Renewal)'' (EPA ICR No. 1984.05, OMB Control No. 2060-0552), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) This is a proposed extension of the ICR, which is currently approved through October 31, 2013. Public comments were previously requested via the Federal Register (78 FR 33409) on June 4, 2013 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. 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.

This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted to EPA by the State of Colorado. On May 25, 2011, the Governor of Colorado's designee submitted a Clean Air Act (CAA) section 175A(b) second 10-year maintenance plan for the Fort Collins area for the carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS). This limited maintenance plan (LMP) addresses maintenance of the CO NAAQS for a second 10-year period beyond the original redesignation. This action is being taken under sections 110 and 175A of the CAA.

EPA is approving a redesignation request and State Implementation Plan (SIP) revision submitted by the State of West Virginia. The West Virginia Department of Environmental Protection (WVDEP) requested that the West Virginia portion of the Parkersburg- Marietta, WV-OH fine particulate matter (PM2.5) nonattainment area (``Parkersburg-Marietta Area'' or ``Area'') be redesignated as attainment for the 1997 annual PM2.5 national ambient air quality standard (NAAQS). In this rulemaking action, EPA is approving the 1997 annual PM2.5 redesignation request for the West Virginia portion of the Area. EPA is also approving the maintenance plan SIP revision that the State submitted in conjunction with its redesignation request. The maintenance plan provides for continued attainment of the 1997 annual PM2.5 NAAQS for 10 years after redesignation of the West Virginia portion of the Area. The maintenance plan includes an insignificance determination for the onroad motor vehicle contribution of PM2.5, nitrogen oxides (NOX), and sulfur dioxide (SO2) for the West Virginia portion of the Area for purposes of transportation conformity. EPA is also approving West Virginia's insignificance determination for transportation conformity. In addition, EPA is also finding that the Area continues to attain the standard. This rulemaking action approving the 1997 annual PM2.5 NAAQS redesignation request, maintenance plan, and insignificance determination for transportation conformity for the West Virginia portion of the Area is based on EPA's determination that the Area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA).

Under the Toxic Substances Control Act (TSCA), EPA is finalizing the significant new use rule (SNUR) for three chemical substances which were the subject of premanufacture notices (PMNs) and subject to a TSCA section 5(e) consent order issued by EPA. This action requires persons who intend to manufacture (including import) or process any of these three chemical substances for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

This regulation establishes an exemption from the requirement of a tolerance for residues of polymers produced by the reaction of either 1,6-hexanediisocyanate; 2,4,4-trimethyl-1,6-hexanediisocyanate; 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethyIcyclohexane (isophoronediisocyanate); 4,4'-methylene-bis-1,1'- cyclohexanediisocyanate; 4,4'-methylene-bis-1,1' benzyldiisocyanate; or 1,3-bis-(2-isocyanatopropan-2-yl)benzene with polyethyleneglycol and end-capped with one or a mixture of more than one of octanol, decanol, dodecanol, tetradecanol, hexadecanol, octadecanol, and octadec-9-enol or polyethyleneglycol ethers of octanol, decanol, dodecanol, tetradecanol, hexadecanol, octadecanol, and octadec-9-enol (also known as polyurethane-type polymers), when used as an inert ingredient in a pesticide chemical formulation. Syngenta Crop Protection, 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 polyurethane-type polymers on food or feed commodities.

This regulation revises an exemption from the requirement of a tolerance for residues of styrene, copolymers with acrylic acid and/or methacrylic acid, with none and/or one or more of the following monomers: Acrylamidopropyl methyl sulfonic acid, methallyl sulfonic acid, 3-sulfopropyl acrylate, 3-sulfopropyl methacrylate, hydroxypropyl methacrylate, hydroxypropyl acrylate, hydroxyethyl methacrylate, and/or hydroxyethyl acrylate; and its sodium, potassium, ammonium, monoethanolamine, and triethanolamine salts; the resulting polymer having a minimum number average molecular weight (in amu), 1,200 when used as an inert ingredient in a pesticide chemical formulation to include the monomer lauryl methacrylate. Toxcel, (7140 Heritage Village Plaza, Gainesville, VA 20156) on behalf of Akzo Nobel Surface Chemistry, (909 Mueller Ave., Chattanooga, TN 37406) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance.

The EPA is proposing amendments to reporting and recordkeeping requirements and an alternative verification approach for the Greenhouse Gas Reporting Program. This action addresses concerns about the potential release of certain data that are inputs to emission equations for which the reporting deadline was deferred until March 31, 2015 while maintaining the EPA's ability to verify emissions and ensure compliance with the Greenhouse Gas Reporting Program. In addition, the EPA is proposing confidentiality determinations for the newly proposed data elements in this action.

On May 29, 2012, the Indiana Department of Environmental Management (IDEM) submitted revisions to its volatile organic compound (VOC) industrial solvent cleaning rule for manufacturers of coatings, inks, adhesives, and resins for approval into its State Implementation Plan (SIP). These revisions are approvable because they are consistent with EPA's Industrial Solvent Cleaning Control Technique Guideline (CTG) document and therefore satisfy the reasonably available control technology (RACT) requirements of the Clean Air Act (Act).

EPA is taking final action to determine that the Chico nonattainment area in Butte County, California has attained the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). This determination is based upon complete, quality-assured, and certified ambient air monitoring data showing that this area has monitored attainment of the 2006 24-hour PM2.5 NAAQS based on the 2010-2012 monitoring period. Based on the above determination, the requirements for this area to submit an attainment demonstration, together with reasonably available control measures, a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP and attainment deadlines are suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.

EPA is proposing to approve portions of three revisions to the Texas State Implementation Plan (SIP) concerning the Texas Federal Operating Permits Program. EPA has determined that these SIP revisions, submitted on December 17, 1999, October 4, 2001 and August 11, 2003, comply with the Clean Air Act and EPA regulations and are consistent with EPA policies. This action is being taken under section 110 of the Act.