Department of Agriculture July 2015 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the State of Hawaii revised its approved Public Water System Supervision Program (PWSSP) under the federal Safe Drinking Water Act (SDWA) pertaining to administrative penalty authority. The Environmental Protection Agency (EPA) has determined that these revisions by the State are no less stringent than the corresponding Federal regulations and otherwise meet applicable SDWA primacy requirements. Therefore, EPA intends to approve these revisions to Hawaii's PWSSP.

The Environmental Protection Agency (EPA) is notifying the public of its finding that the Grants Pass, Oregon second 10-year limited maintenance plan (LMP) for particulate matter with an aerodynamic diameter of a nominal 10 microns or less (PM10) is adequate for transportation conformity purposes. The LMP was submitted to the EPA by the State of Oregon Department of Environmental Quality (ODEQ or the State) on April 22, 2015. As a result of our adequacy finding, regional emissions analyses will no longer be required as part of the transportation conformity demonstrations for PM10 for the Grants Pass area.

The Environmental Protection Agency (EPA) is issuing a supplement to its proposed approval of a State Implementation Plan (SIP) revision submitted by the State of Iowa (Iowa) through the Iowa Department of Natural Resources (IDNR). Iowa's SIP revision addresses requirements of the Clean Air Act (CAA) and EPA's rules that require states to submit periodic reports describing progress toward reasonable progress goals established for regional haze and a determination of the adequacy of the state's existing implementation plan addressing regional haze (region haze SIP). EPA's proposed approval of Iowa's periodic report on progress toward reasonable progress goals and determination of adequacy of the state's regional haze SIP published in the Federal Register on July 3, 2014. This supplemental proposal addresses the potential effects on our proposed approval from the April 29, 2014, decision of the United States Supreme Court (Supreme Court) remanding to the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) EPA's Cross-State Air Pollution Rule (CSAPR) for further proceedings and the D.C. Circuit's decision to lift the stay of CSAPR.

The Environmental Protection Agency (EPA) proposes to approve the State Implementation Plan (SIP) revision submitted by the State of West Virginia for the 2011 base year emissions inventory for the 2010 1-hour sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). 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 more detailed description of the state submittal and EPA's evaluation is included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document and is also available electronically within the Docket for this rulemaking action. 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.

The Environmental Protection Agency (EPA) is proposing to approve portions of the State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (GA EPD) on August 30, 2010, December 15, 2011, and November 12, 2014. The SIP submittals include changes to GA EPD's air quality rules that, among other things, modify definitions and modify the ambient air standards for fine particulate matter. The portions of the SIP revisions that EPA is approving are consistent with the requirements of the Clean Air Act (CAA). In the Final Rules Section of this Federal Register, EPA is approving these portions of the SIP revisions as a direct final rule without prior proposal because the Agency views these as a noncontroversial submittals and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``NESHAP for Radionuclides (Renewal)'' (EPA ICR No. 1100.15, OMB Control No. 2060-0249) 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. 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 (EPA) is taking direct final action to approve changes to Wyoming's State Implementation Plan (SIP) that update its ambient air quality standards with regard to the 1-hour sulfur dioxide (SO2) and secondary SO2 National Ambient Air Quality Standards (NAAQS). On February 7, 2014, the Wyoming Department of Environmental Quality (WDEQ) submitted to EPA revisions to the Wyoming SIP. Specifically, the State revised Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 2, Section 4, ``Ambient standards for sulfur oxides.'' In this action, EPA is taking direct final action to approve some of the revisions provided in that SIP submission. This action is being taken in accordance with section 110 of the Clean Air Act (CAA).

This regulation establishes tolerances for residues of benalaxyl-M in or on grape and tomato. Since there are currently no U.S. registrations of benalaxyl-M for use on grape and tomato, this tolerance will allow the import of grape and tomato containing residues of benalaxyl-M. Technology Sciences Group, on behalf of Isagro S.p.A, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances for residues of isofetamid in or on multiple commodities that are identified and discussed later in this document. ISK Biosciences Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Under 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency (EPA) has entered into a settlement with multiple parties concerning the Capitol City Plume Superfund Site located in Montgomery, Montgomery County, Alabama. The settlement addresses costs from a fund-lead Remedial Investigation performed by EPA at the Site. The Agency is deferring the Site to the State of Alabama for cleanup.

Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Environmental Protection Agency (EPA) is giving notice that it is amending the EPA Travel, Other Accounts Payable and Accounts Receivable Files system. The system is being amended to change the name from the EPA Travel, Other Accounts Payable and Accounts Receivable Files to the Compass Financials IT System. This system of records will contain information on EPA travel, accounts payable, accounts receivable, budgeting, and reporting.

EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): ``Reporting in the FIFRA Cooperative Agreement Work Plan and Report Template'' and identified by EPA ICR No. 2511.01 and OMB Control No. 2070-NEW. The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized in this document. EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register on January 2, 2015 (80 FR 40). A correction notice published on January 8, 2015 (80 FR 1029).

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Asbestos (40 CFR part 61, subpart M) (Renewal)'' (EPA ICR No. 0111.14, OMB Control No. 2060-0101) 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 July 31, 2015. Public comments were previously requested via the Federal Register (79 FR 30117) on May 27, 2014 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 (EPA) is proposing to approve the July 17, 2012, State Implementation Plan (SIP) submission, submitted by the Commonwealth of Kentucky, Energy and Environment Cabinet, Department for Environmental Protection, through the Kentucky Division for Air Quality (KY DAQ) for inclusion into the Kentucky SIP. This proposal pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 Lead national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure SIP submission.'' KY DAQ certified that the Kentucky SIP contains provisions that ensure the 2008 Lead NAAQS is implemented, enforced, and maintained in Kentucky. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting, EPA is proposing to determine that Kentucky's infrastructure SIP submission, provided to EPA on July 17, 2012, satisfies the required infrastructure elements for the 2008 Lead NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve, as a revision to the California State Implementation Plan (SIP), California's request to redesignate the Mammoth Lakes nonattainment area to attainment for the 1987 National Ambient Air Quality Standard (NAAQS) for particulate matter of ten microns or less (PM10). EPA is also proposing to approve the maintenance plan for the Mammoth Lakes area and the associated motor vehicle emissions budgets for use in transportation conformity determinations. Finally, EPA is proposing to approve the attainment year emissions inventory. EPA is proposing these actions because the SIP revision meets the requirements of the Clean Air Act and EPA guidance for maintenance plans and motor vehicle emissions budgets.

The Environmental Protection Agency (EPA) is proposing to approve the limited maintenance plan submitted by the State of Oregon on April 22, 2015, for the Grants Pass maintenance area for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). The plan explains how this area will continue to meet the PM10 National Ambient Air Quality Standard for a second 10-year period through 2025.

EPA is announcing the availability of draft guidance, Pesticide Cumulative Risk Assessment: Framework for Screening Analysis, for public comment. This document provides guidance on how the EPA will screen groups of pesticides for cumulative evaluation using a two-step approach beginning with the evaluation of available toxicological information and if necessary followed by a risk-based screening approach. This framework supplements the existing guidance documents for establishing common mechanism groups (CMGs) and conducting cumulative risk assessments (CRA). Additionally, EPA is also seeking comments on a draft copy of the human health risk assessment where the cumulative assessment was conducted in conjunction with pending actions for abamectin.

The National Environmental Education and Training Foundation (doing business as The National Environmental Education Foundation or NEEF) was created by Section 10 of Public Law 101-619, the National Environmental Education Act of 1990. It is a private 501(c)(3) non- profit organization established to promote and support education and training as necessary tools to further environmental protection and sustainable, environmentally sound development. It provides the common ground upon which leaders from business and industry, all levels of government, public interest groups, and others can work cooperatively to expand the reach of environmental education and training programs beyond the traditional classroom. The Foundation promotes innovative environmental education and training programs such as environmental education for medical healthcare providers and broadcast meteorologists; it also develops partnerships with government and other organizations to administer projects that promote the development of an environmentally literal public. The Administrator of the U.S. Environmental Protection Agency, as required by the terms of the Act, announces the following appointment to the National Environmental Education Foundation Board of Directors. The appointee is Dr. Martin Philbert, Dean, School of Public Health at the University of Michigan, Ann Arbor (UM).

This regulation establishes tolerances for residues of fluxapyroxad in or on cotton, gin byproducts and cotton, undelinted seed. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces the availability of The Environmental Protection Agency's (EPA) Responsiveness Summary Concerning EPA's March 10, 2015 Public Notice of Proposed Decisions to Add Waters and Pollutants to Louisiana's 2014 Section 303(d) List. On March 10, 2015 EPA published a notice in the Federal Register at Volume 80, Number 46, page 12628 providing the public the opportunity to review its decision to partially approve and proposal to partially disapprove Louisiana's 2014 Section 303(d) list. Specifically, EPA approved Louisiana's listing of 279 waterbody-pollutant combinations, and associated priority rankings. EPA proposed to disapprove Louisiana's decisions not to list 43 water quality limited segments and associated pollutants constituting 93 waterbody-pollutant combinations. EPA also proposed to add these waterbody-pollutant combinations to the 2014 Section 303(d) list because applicable numeric water quality standards were not attained in these segments for one of the following parameters: Dissolved oxygen (marine criterion); turbidity; and minerals (individually or a combination of sulfates, chlorides, and/or total dissolved solids). Based on the Responsiveness Summary, EPA finds no new information or persuasive arguments as to why the 43 water quality limited segments should not be added to the 2014 Louisiana Section 303(d) list as proposed. Therefore, EPA is taking Final Action on the addition of 43 water quality limited segments and associated 93 waterbody-pollutant combinations to the final Louisiana 2014 Section 303(d) list. The basis for these decisions is described in EPA's Decision Document for the Louisiana 2014 Section 303(d) list, available at https://www.epa.gov/ region6/water/npdes/tmdl/index.htm.

In this action, the Environmental Protection Agency (EPA) proposes to revise the Guideline on Air Quality Models (``Guideline''). The Guideline has been incorporated into EPA's regulations, satisfying a requirement under the Clean Air Act (CAA) section 165(e)(3) for the EPA to specify, with reasonable particularity models to be used in the Prevention of Significant Deterioration (PSD) program. It provides EPA- preferred models and other recommended techniques, as well as guidance for their use in predicting ambient concentrations of air pollutants. The proposed revisions to the Guideline include enhancements to the formulation and application of the EPA's AERMOD near-field dispersion modeling system and the incorporation of a tiered demonstration approach to address the secondary chemical formation of ozone and fine particulate matter (PM2.5) associated with precursor emissions from single sources. Additionally, the EPA proposes various editorial changes to update and reorganize information throughout the Guideline to streamline the compliance assessment process. Within this action, the EPA is also announcing the Eleventh Conference on Air Quality Modeling and invites the public to participate in the conference. The conference will focus on the proposed revisions to the Guideline and part of the conference will also serve as the public hearing for these revisions.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. 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 registration has been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

The Environmental Protection Agency (EPA) is providing notice of emission allowance allocations to certain units under the new unit set-aside (NUSA) provisions of the Cross-State Air Pollution Rule (CSAPR) federal implementation plans (FIPs) and is responding to objections to preliminary calculations. EPA has completed final calculations for the first round of NUSA allowance allocations for the 2015 compliance year and has posted spreadsheets containing the calculations on EPA's Web site. The final allocations are unchanged from the preliminary calculations. EPA will record the allocated allowances in sources' Allowance Management System (AMS) accounts by August 1, 2015.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the State of Iowa. The purpose of these revisions is to update the Linn County Air Quality Ordinance, chapter 10. These proposed revisions reflect updates to the Iowa statewide rules previously approved by EPA and will ensure consistency between the applicable local agency rules and Federally-approved rules.

The Environmental Protection Agency (EPA) is taking three separate final actions related to a state implementation plan (SIP) revision submitted by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources, Department of Air Quality (NC DAQ), on April 16, 2015. These final actions are for the North Carolina portion of the bi-state Charlotte-Rock Hill, North Carolina-South Carolina 2008 8-hour ozone nonattainment area (hereinafter referred to as the ``bi-state Charlotte Area'' or ``Area''). The bi-state Charlotte Area consists of Mecklenburg County in its entirety and portions of Cabarrus, Gaston, Iredell, Lincoln, Rowan and Union Counties, North Carolina; and a portion of York County, South Carolina. Regarding South Carolina's request to redesignate the South Carolina portion of the Area and its maintenance plan for the 2008 8-hour ozone NAAQS, EPA will address this in a separate action. In the three actions for the North Carolina bi-state Charlotte Area, EPA determines that the bi-state Charlotte Area is attaining the 2008 8- hour ozone National Ambient Air Quality Standards (NAAQS); approves and incorporates the State's plan for maintaining attainment of the 2008 8- hour ozone standard in the Area, including the 2014 and 2026 sub-area motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for the North Carolina portion of this Area into the SIP; and redesignates the North Carolina portion of the bi-state Charlotte Area to attainment for the 2008 8-hour ozone NAAQS. Additionally, EPA finds the 2014 and 2026 sub- area MVEBs for the North Carolina portion of the bi-state Charlotte Area adequate for the purposes of transportation conformity.