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

This regulation establishes tolerances for residues of fludioxonil in or on carrots, the stone fruit group 12-12, and the rapeseed subgroup 20A, except flax seed. Interregional Research Project Number 4 (IR-4) requested the tolerances for carrots and the stone fruit group 12-12, and Syngenta Crop Protection requested the tolerance for the rapeseed subgroup 20A under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) Region 4 is publishing this direct final Notice of Deletion for the Redwing Carriers, Inc. (Saraland) Superfund Site (Site), located in Saraland, Mobile County, Alabama, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by the EPA with the concurrence of the State of Alabama, through the Alabama Department of Environmental Management (ADEM), because the EPA has determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

This regulation establishes tolerances for residues of hexythiazox in or on wheat, forage; wheat, hay; wheat, grain; and wheat, straw. Gowan Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is updating the materials submitted by Iowa that are incorporated by reference (IBR) into the state implementation plan (SIP). EPA is also notifying the public of the correction of certain typographical errors within the IBR table. The regulations affected by this update have been previously submitted by the state agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), and the Regional Office.

The Environmental Protection Agency (EPA or Agency) is providing notice of the availability of ``Final Update V'' to the Third Edition of the manual, ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA publication SW-846. Final Update V contains analytical methods, of which 8 are new and 15 are revised. The methods in Update V may be used in monitoring or complying with the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. This action includes revisions to the methods in response to comments received on a Notice published in the Federal Register on October 23, 2013 and finalizes the methods and guidance. In addition, the Agency is also finalizing revisions to Chapters One through Five of SW-846 and an Office of Resource Conservation and Recovery (ORCR) policy statement in the SW-846 methods compendium. The Agency is issuing this Update as guidance since the changes in this document to the SW-846 analytical methods are not required by RCRA's hazardous waste regulations. Any required analytical methods have not been changed.

The Environmental Protection Agency has submitted an information collection request (ICR), ``EPA's Natural Gas STAR Program'' (EPA ICR No. 1736.07, OMB Control No. 2060-0328) 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 September 30, 2015. Public comments were previously requested via the Federal Register (80 FR 17742) on April 2, 2015, 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 notice announces EPA's approval of the State of Washington's request to revise/modify its Approved State Hazardous Waste Management EPA-authorized program to allow electronic reporting.

As part of the review of the air quality criteria for nitrogen oxides (NOX) and sulfur oxides (SOX) secondary (welfare-based) National Ambient Air Quality Standards (NAAQS), the Environmental Protection Agency (EPA) is announcing a teleconference workshop to evaluate preliminary draft materials that will inform the development of the NOX and SOX Integrated Science Assessment (ISA) for ecological effects. The workshop is being organized by EPA's National Center for Environmental Assessment (NCEA) within the Office of Research and Development and will be held by teleconference from August 25-27, 2015. The workshop will be open to attendance by interested public observers on a first-come, first-served basis and participation will be by teleconference only.

The Environmental Protection Agency (EPA) is proposing to approve portions of submissions from Alabama, Mississippi, and South Carolina for inclusion into each State's implementation plan. This proposed action pertains to the Clean Air Act (CAA or Act) infrastructure requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The CAA requires that each state adopt and submit a state implementation plan (SIP) for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA. These submissions are commonly referred to as ``infrastructure SIPs submissions.'' Specifically, EPA is proposing to approve the portions of the submissions from Alabama, Mississippi, and South Carolina that pertain to a certain visibility requirement related to the 2008 8-hour ozone infrastructure SIPs for each state. All other applicable infrastructure requirements for the 2008 8-hour ozone NAAQS associated with these States' infrastructure submissions have been or will be addressed in separate rulemakings. In the Rules and Regulations section of this Federal Register, EPA is approving the State's implementation plan revision 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 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.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG), the Environmental Quality Issues (EQI) and the Pesticides Operations and Management (POM) committees will hold a joint 2-day meeting, beginning on September 21, 2015 and ending September 22, 2015. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

The Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) revision submitted by the State of Florida through the Florida Department of Environmental Protection (FDEP) on May 1, 2015. This SIP revision seeks to make changes to the SIP to remove certain Stage I vapor control requirements and to make administrative changes to the SIP that would remove gasoline vapor control rules that no longer serve a regulatory purpose, including rules related to the Stage II vapor control requirements for new and upgraded gasoline dispensing facilities in Broward, Miami-Dade, and Palm Beach Counties (hereinafter referred to as the ``Southeast Florida Area''). EPA has determined that Florida's May 1, 2015, SIP revision is approvable because it is consistent with the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``CEQ-EPA Presidential Innovation Award for Environmental Educators Application'' 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 request for approval of a new collection. 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 a state implementation plan (SIP) revision submitted by the State of Georgia, through Georgia Environmental Protection Division (GA EPD) on February 6, 2015, to address the base year emissions inventory and emissions statements requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) for the Atlanta, Georgia 2008 8-hour ozone nonattainment area (hereinafter referred to as the ``Atlanta Area''). These requirements apply to all ozone nonattainment areas. The Atlanta Area is comprised of 15 counties in Atlanta (Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale). This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

The Environmental Protection Agency (EPA) has entered into a Consent Agreement with Comcast Cable Communications, L.L.C. (Comcast or Respondent) to resolve violations of the Clean Water Act (CWA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) and their implementing regulations. The Administrator is hereby providing public notice of this Consent Agreement and proposed Final Order (CAFO), and providing an opportunity for interested persons to comment on the CWA and EPCRA portions of the CAFO, pursuant to CWA Section 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C). Upon closure of the public comment period, the CAFO and any public comments will be forwarded to the Agency's Environmental Appeals Board (EAB).

The Environmental Protection Agency (EPA) is proposing to approve the Commonwealth of Kentucky's September 23, 2011, State Implementation Plan (SIP) revision, submitted through the Kentucky Division for Air Quality (KY DAQ), which modifies the SIP by making changes to Kentucky regulation, ``Review of new sources in or impacting upon nonattainment areas.'' EPA has preliminarily determined that Kentucky's requested SIP revision meets the applicable provisions of the Clean Air Act (CAA or Act) and EPA regulations regarding Nonattainment New Source Review (NNSR) permitting.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed partial consent decree to address a lawsuit filed by the Sierra Club in the United States District Court for the District of Columbia: Sierra Club v. EPA, Civil Action No. 10-cv-1541 (CKK) (D.D.C.) (filed Sept. 14, 2010). Plaintiff filed a lawsuit alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform duties mandated by the CAA to: (1) Promulgate a federal implementation plan (``FIP'') for the State of Texas for the 1997 fine particulate matter (``PM2.5'') and ozone national ambient air quality standards (``NAAQS''); (2) promulgate a FIP for the State of Texas for the 1997 ozone NAAQS; and (3) take final approval/disapproval action on the state implementation plan (``SIP'') that Texas submitted for implementation of the 1997 PM2.5 NAAQS. The proposed partial consent decree would establish deadlines for EPA to take certain specified actions.

This notice announces the availability of EPA's proposed interim registration review decisions for the pesticides listed in the table in Unit II of this notice, and opens a public comment period on the proposed decisions. This notice also opens the dockets and announces the availability of EPA's proposed interim registration review decisions for 2-propen-1-aminium, N,N-dimethyl-N-2-propenyl-, chloride, homopolymer (or homopolymer) and tributyltin oxide (or TBTO); and also opens the docket, announces the availability of the draft human health and ecological risk assessments, and announces the proposed interim registration review decision for dipropyl isocinchomeronate. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

This notice announces EPA's approval of the State of Washington's request to revise its National Primary Drinking Water Regulations Implementation EPA-authorized program to allow electronic reporting.

The Environmental Protection Agency (EPA) is approving a May 11, 2012 State Implementation Plan (SIP) submission from the State of Colorado that is intended to demonstrate that its SIP meets certain interstate transport requirements of the Clean Air Act (Act or CAA) for the 2006 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). This submission addresses the requirement that Colorado's SIP contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. EPA is determining that Colorado's existing SIP contains adequate provisions to ensure that air emissions in Colorado do not significantly contribute to nonattainment or interfere with maintenance of the 2006 24-hour PM2.5 NAAQS in any other state, or interfere with another state's measures to prevent significant deterioration of air quality or to protect visibility. EPA is also approving the portion of Colorado's submission that addresses the CAA requirement that SIPs contain adequate provisions related to interstate and international pollution abatement.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Washington State Department of Ecology (Ecology) on July 10, 2015. The SIP submission contains revisions to the Spokane Regional Clean Air Agency (SRCAA) solid fuel burning device regulations to control particulate matter from residential wood combustion. The updated regulations reflect the State of Washington's statutory changes setting fine particulate matter trigger levels for impaired air quality burn bans. The submission also contains updates to the regulations to improve the clarity of the language. We are proposing to approve these changes because they meet the requirements of the Clean Air Act and strengthen the Washington SIP.

Waters on the majority of Indian reservations do not have water quality standards under the Clean Water Act to protect human health and the environment. Only 40 of over 300 federally recognized tribes with reservations have completed the process of obtaining EPA's approval to be treated in a manner similar to a state (TAS), and adopting standards for their waters that EPA has approved. EPA proposes to streamline how tribes apply for TAS for the water quality standards program and other Clean Water Act regulatory programs. The proposal would reduce the burden on applicant tribes and advance cooperative federalism by facilitating tribal involvement in the protection of reservation water quality as intended by Congress. Since 1991, EPA has followed a cautious approach that requires applicant tribes to demonstrate inherent authority to regulate waters and activities on their reservations under principles of federal Indian common law. The Agency has consistently stated that its approach was subject to change in the event of further congressional or judicial guidance addressing tribal authority under section 518 of the Clean Water Act. Having received such guidance, EPA proposes to conclude definitively that section 518 includes an express delegation of authority by Congress to eligible Indian tribes to administer regulatory programs over their entire reservations. This reinterpretation would eliminate the need for applicant tribes to demonstrate inherent authority to regulate under the Act, thus allowing tribes to implement the congressional delegation of authority unhindered by requirements not specified in the statute. The reinterpretation would also bring EPA's treatment of tribes under the Clean Water Act in line with EPA's treatment of tribes under the Clean Air Act, which has similar statutory language addressing tribal regulation of Indian reservation areas. This action would not revise any regulatory text. Regulatory provisions would remain in effect requiring tribes to identify the boundaries of the reservation areas over which they seek to exercise authority and allowing the adjacent state(s) to comment to EPA on an applicant tribe's assertion of authority. As a streamlining step, the proposed interpretive rule would have no significant cost.

Under 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement with Jeffrey Jones Properties, LLC concerning the Pender Plating Superfund Site located in Burgaw, Pender County, North Carolina. The settlement addresses costs from a time-critical Removal performed by the EPA at the Site.

The Environmental Protection Agency (EPA) is updating the materials submitted by Missouri that are incorporated by reference (IBR) into the state implementation plan (SIP). EPA is also notifying the public of the correction of certain typographical errors within the IBR table. The regulations affected by this update have been previously submitted by the state agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), and the Regional Office.

EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.