Environmental Protection Agency January 2011 – Federal Register Recent Federal Regulation Documents

With this document, the Environmental Protection Agency (EPA) strongly recommends facilities use the Toxics Release Inventory-Made Easy Web application (TRI-MEweb) to report and submit Toxics Release Information (TRI) data to EPA. TRI-MEweb provides useful features to facilitate the submission process and validates data to help ensure accuracy. Recognizing that some facilities are still using paper forms rather than TRI-MEweb, EPA is providing a new electronically fillable version of Form R, Form R Schedule 1, and Form A to make it easier for respondents to complete these forms and for EPA to read and process the submitted forms. The use of TRI-MEweb (the preferred method) or, alternatively, the Fill-and-Print TRI Forms will help ensure data accuracy, while also reducing the amount of time it takes for EPA to process TRI submissions and make valuable toxic chemical release and other waste management data available to the public.

The Environmental Protection Agency (EPA) is proposing to approve a source-specific State Implementation Plan (SIP) revision for the South Coast Air Quality Management District (District) portion of the California SIP. This source-specific SIP revision is known as the CPV Sentinel Energy Project AB 1318 Tracking System. The submitted SIP revision, which consists of enabling language and the AB 1318 Tracking System, supplements the District's SIP approved New Source Review (NSR) program to allow the District to transfer offsetting emission reductions for particulate matter less than 10 microns in diameter (PM10) and one of its precursors, sulfur oxides (SOX), to the CPV Sentinel Energy Project. The District's SIP approved NSR program currently allows the District to provide offsetting emission reductions for certain exempt sources and sources that qualify as essential public services. The Sentinel Energy Project, which will be a natural gas fired power plant, does not qualify under either of these SIP approved exceptions. This proposed action supplements the District's SIP to allow the District to transfer offsetting emission reductions to the Sentinel Energy Project. In this action, EPA is proposing to incorporate the District's enabling language, which in turn incorporates the AB 1318 Tracking System by reference into the SIP. EPA's proposal to approve this source-specific SIP revision is based on finding that the offsetting emission reductions the District has transferred to the AB 1318 Tracking System meet the requirements of the Clean Air Act (CAA).

Notice is hereby given that the State of New Jersey is revising its approved Public Water System Supervision Program to adopt EPA's National Primary Drinking Water Regulations for four major rules and six technical corrections. The EPA has determined that these revisions are no less stringent than the corresponding Federal regulations. Therefore, the EPA intends to approve these program revisions. All interested parties may request a public hearing.

EPA is proposing to approve a request submitted by the Minnesota Pollution Control Agency (MPCA) on July 29, 2010, to revise the Minnesota State Implementation Plan (SIP) for lead (Pb) under the Clean Air Act (CAA). The State has submitted a joint Title I/Title V document (joint document) in the form of Air Emission Permit No. 03700016-003, and has requested that the conditions laid out with the citation ``Title I Condition: SIP for Lead NAAQS'' replace an existing Administrative Order (Order) as the enforceable SIP conditions for Gopher Resource, LLC. EPA approved the existing Order on October 18, 1994. MPCA's July 29, 2010, revisions were meant to satisfy the maintenance requirements for the 1978 Pb National Ambient Air Quality Standard (NAAQS), promulgated at 1.5 micrograms per cubic meter, or 1.5 [micro]g/m \3\.

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.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Virginia Department of Environmental Quality (VADEQ). This revision pertains to EPA's greenhouse gas (GHG) permitting provisions as promulgated on June 3, 2010. This action is being taken under the Clean Air Act (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 request for amendments by Valent USA registrants to delete uses in certain pesticide registrations. Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register.

EPA issued a notice in the Federal Register of Wednesday, December 8, 2010, concerning amendments to terminate use of methomyl on grapes. This document is being issued to correct the effective date of the amendments.

EPA is proposing to incorporate the most recent versions of the American Society for Testing and Materials (ASTM) International standards (ASTM standards) into EPA regulations that provide flexibility to use alternatives to mercury-containing industrial thermometers. These proposed amendments will allow the use of such alternatives in certain limited field and laboratory applications previously impermissible as part of compliance with EPA regulations. Additionally, EPA is seeking public input on the need to address the remaining EPA regulations that incorporate by reference ASTM standards that do not allow the use of alternatives to mercury-containing industrial thermometers. EPA believes these embedded ASTM standards may unnecessarily impede the use of effective, comparable, and available mercury alternatives. Due to elemental mercury's high toxicity, EPA seeks to reduce potential mercury exposures to humans and the environment by reducing the overall use of mercury-containing products, including mercury-containing thermometers.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Idaho on October 25, 2010, as meeting the requirements of Clean Air Act (CAA) section 110(a)(2)(D)(i)(II) as it applies to visibility for the 1997 8-hour ozone and 1997 particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). EPA is also proposing to approve a portion of the revision as meeting certain requirements of the regional haze program, including the requirements for best available retrofit technology (BART).

EPA is making final determinations that the Hayden, Nogales, and Paul Spur/Douglas nonattainment areas in Arizona attained 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) by their applicable attainment dates of December 31, 1994. On the basis of these determinations, EPA concludes that these three ``moderate'' nonattainment areas are not subject to reclassification by operation of law to ``serious.'' EPA is not finalizing determinations with respect to the air quality in these areas subsequent to their 1994 attainment dates.

EPA is proposing to update a portion of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District (``Santa Barbara APCD'' or ``District'') is the designated COA. The intended effect of approving the OCS requirements for the Santa Barbara APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The changes to the existing requirements discussed below are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.

EPA has supplemented the Transport Rule docket with additional information relevant to the rulemaking, including unit-level SO2 Group 1 and Group 2, NOX annual, and NOX ozone season allowances for existing units calculated using two alternative methodologies and data supporting those calculations. This NODA requests public comment on these two alternative allocation methodologies for existing units, on the unit- level allocations calculated using those alternative methodologies, on the data supporting the calculations, and on any resulting implications for the proposed assurance provisions. This NODA also requests comment on information about: An alternative approach to calculation of assurance provision allowance surrender requirements; allocations for new units locating in Indian country in the proposed Transport Rule region in the future; and provisions for states to submit State Implementation Plans providing for State allocation of allowances in the proposed Transport Rule trading programs.

In accordance with Section 122(i)(1) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9622(i) and Section 7003(d) of the Resource Conservation and Recovery Act, as amended (RCRA), 42 U.S.C. 6973, notice is hereby given of a proposed administrative settlement with 275 de minimis settling parties for recovery of response costs concerning the Operating Industries, Inc., Superfund Site in Monterey Park, California. The settlement is entered into pursuant to Section 122(g) of CERCLA, 42 U.S.C. 9622(g) and it requires the settling parties to pay $17,027,998 to the United States Environmental Protection Agency (Agency). The settlement includes a covenant not to sue the settling parties pursuant to Sections 106 or 107(a) of CERCLA, 42 U.S.C. 9607(a) or 9606, and Section 7003(d) of RCRA, 42 U.S.C. 6973. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 75 Hawthorne Street, San Francisco, CA 94105.

The EPA is hereby granting a nationwide waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] for small-horsepower (HP) vertical hollow shaft (VHS) electric motors (less than 40 HP). This nationwide waiver applies to the use of the specified products and is applicable only for their purchase and installation for one-year subsequent to the effective date of the waiver. Based upon information gathered from multiple waiver request submittals and further research by its contractor, EPA has determined that domestically manufactured small-HP VHS electric motors (less than 40 HP) are not reasonably available. The Assistant Administrator for the Office of Water is making this determination based on the review and recommendations of the Office of Ground Water and Drinking Water and the Office of Wastewater Management. The Assistant Administrator of the Office of Administration and Resources Management has concurred on this decision to make an exception to Section 1605 of ARRA. This action permits the nationwide purchase and installation of non-domestic VHS electric motors less than 40 HP up to one-year subsequent to the effective date of the waiver. EPA reserves the right to withdraw or amend this nationwide waiver based on new developments or changes in the domestic manufacturing capacity for these items.

EPA is proposing to approve a draft revision to the State Implementation Plan (SIP), submitted by Connecticut on December 9, 2010, for parallel processing. The proposed SIP revision makes two changes impacting Connecticut's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program. First, the proposed revision provides the State of Connecticut with authority to regulate greenhouse gases (GHGs) under its PSD program. Second, the proposed SIP revision establishes appropriate emission thresholds for determining which stationary sources and modification projects become subject to Connecticut's PSD permitting requirements for their GHG emissions. The first component of the proposed revision is necessary because the State of Connecticut is required to apply its PSD program to GHG-emitting sources, and unless it does so (or unless EPA promulgates a federal implementation plan (FIP) to do so), such sources will be unable to receive preconstruction permits and therefore may not be able to construct or modify. The second component is necessary because without it, on January 2, 2011, PSD requirements would apply at the 100 or 250 tons per year (tpy) levels provided under the Clean Air Act (CAA or Act), which would overwhelm Connecticut's permitting resources.

Pursuant to our authority under the Clean Air Act (CAA), EPA is proposing to find that the Kansas State Implementation Plan (SIP) is substantially inadequate to satisfy the CAA requirement to address Kansas' significant contribution to downwind nonattainment or interference with maintenance in another State with respect to the 1997 National Ambient Air Quality Standards (NAAQS) for ozone. The specific State Implementation Plan deficiencies that EPA has identified are described in this proposal and in the proposed Federal Implementation Plan To Reduce Interstate Transport of Fine Particulate Matter and Ozone. If EPA finalizes this proposed finding of substantial inadequacy, Kansas will be required to revise its SIP to correct these deficiencies no later than 12 months following the date of signature of the final finding of substantial inadequacy.

This notice announces EPA's establishment of the Chesapeake Bay (Bay) TMDL on December 29, 2010 for nitrogen, phosphorus and sediment for the Chesapeake Bay and its tidal tributaries. EPA provided a 45-day public review of the Draft Bay TMDL which was held from September 24 through November 8 of 2010. Based on comments and information EPA received from the public and affected jurisdictions during the public review period, EPA has revised the draft TMDL as appropriate and established the Bay TMDL for nitrogen, phosphorus and sediment for each of the 92 segments in the tidal portion of the Chesapeake Bay watershed pursuant to Sections 117(g) and 303(d) of the Clean Water Act (CWA). The TMDL provides pollutant loads for nitrogen, phosphorus and sediment which can enter a waterbody without causing a violation in the water quality standards. The TMDL allocates that pollutant load between point and nonpoint sources. The Bay TMDL contains segment specific point (wasteload) and non-point (load) allocations for nitrogen, phosphorus and sediment that when met will assure the attainment and maintenance of all applicable water quality standards for each of the 92 segments. The Bay TMDL is a key part of the clean water commitment in the Federal Strategy developed as part of Executive Order 13508 on Chesapeake Bay Protection and Restoration. EPA has worked closely with its federal partners, the six watershed states, the District of Columbia, local governments and other parties to put in place a comprehensive, transparent and accountable set of commitments and actions that together ensure that pollution controls needed to restore Bay water quality are implemented by no later than 2025 (Executive Order, 13508). Additional information on the Bay TMDL can be found at: https:// www.epa.gov/chesapeakebaytmdl. Viewing: The TMDL can be viewed at https://www.epa.gov/ chesapeakebaytmdl, in person at EPA Region III, 1650 Arch Street, Philadelphia, PA 19103 with proper arrangements made in advance with the Region 3 library (215-814-5254 or library-reg3@epa.gov) or at the EPA Chesapeake Bay Program Office at 410 Severn Avenue, Suite 112, Annapolis, MD 21403 (Contact Debbie Embleton 410-267-9856 or Embleton.debbie@epa.gov).

EPA is planning the second National Bed Bug Summit to be held February 1 and 2, 2011, on the topic of the bed bug resurgence in the United States. The goal of this meeting is to review the current bed bug problem and identify and prioritize further actions to address the problem. The objectives of the summit are to identify knowledge gaps and barriers to effective community-wide bed bug control; propose the next steps in addressing knowledge gaps and eliminating barriers; and develop a framework for addressing the highest priority needs. The agenda for this meeting is under development and will be posted on our Web site and placed in the docket in advance of the meeting.

The U.S. Environmental Protection Agency (EPA) proposes to delete, from the National Priority List (NPL), 40 CFR part 300, appendix B, 62 acres of the AT&SF Albuquerque Superfund Site (Site). The Site is located in Albuquerque, Bernalillo County, New Mexico. After this deletion, this 62 acres will no longer be part of the Site and only the 27 acres making up the southern half of the Site will remain a listed Superfund Site (see the Environmental Protection Easement and Declaration of Restrictive Covenants in the docket). The only contaminated medium that was identified on the northern 62 acres of the Site was soil. This soil was remediated so that the concentration levels of hazardous substances that remain are consistent with future industrial or commercial use. This notice of intent for partial deletion is being published by EPA with the concurrence of the State of New Mexico, through the New Mexico Environment Department (NMED), because EPA has determined that all appropriate response actions for this parcel under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund.

An Exposure Modeling Public Meeting (EMPM) will be held for one day on January 11, 2011. This notice announces the location and time for the meeting and sets forth the tentative agenda topics.

This action approves a modification to Alaska's approved Municipal Solid Waste Landfill (MSWLF) permit program. The approved modification allows the State to issue Research, Development, and Demonstration (RD&D) permits to owners and operators of MSWLFs in accordance with its State law. On March 22, 2004, EPA issued final regulations allowing RD&D permits to be issued to certain MSWLFs by approved States. On September 7, 2010, the State of Alaska submitted an application to EPA Region 10 seeking Federal approval of its RD&D requirements. After thorough review, EPA Region 10 has determined that Alaska's RD&D permit requirements are adequate through this direct final action.

EPA is proposing a limited approval and limited disapproval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from crude oil production operations and refineries. We are proposing action on local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.