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

EPA has determined that the Columbia Falls and Libby nonattainment areas in Montana 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) as of December 31, 1994.

The Environmental Protection Agency (EPA) is proposing to allow refiners and laboratories to use an alternative test method for olefin content in gasoline. This proposed rule will provide flexibility to the regulated community by allowing an additional test method for compliance measurement while maintaining environmental benefits achieved from our fuels programs.

EPA is approving Wisconsin's revision to its State Implementation Plan (SIP), which updates its ambient air quality standards for fine particulates to conform with current Federal ambient air quality standards for the same criteria air pollutants. EPA received comments on its April 8, 2010, proposed rule and withdrew the accompanying Direct Final Rule. After considering the comments, EPA is approving the revisions to the Wisconsin SIP as requested by the State on September 11, 2009.

EPA is amending its regulations to remove language which narrowed its previous approval of Alabama's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program regarding thresholds for determining which new stationary sources and modification projects become subject to Alabama's PSD permitting requirements for their greenhouse gas (GHG) emissions. On December 14, 2010, the State of Alabama, through the Alabama Department of Environmental Management (ADEM), provided a revision to its State Implementation Plan (SIP) to establish appropriate emission thresholds for determining which new stationary sources and modification projects become subject to permitting requirements for GHG emissions in Alabama. EPA has taken final action to approve Alabama's December 14, 2010, SIP revision, and this makes EPA's narrowing of its previous approval of Alabama's PSD program as it relates to GHG permitting thresholds unnecessary. Today's action removes the regulatory language related to the narrowing action that is no longer applicable to Alabama as a result of EPA's approval of Alabama's December 14, 2010, SIP revision. Because this action is ministerial, EPA is applying the ``good cause'' exemption from public notice and comment requirements under the Administrative Procedure Act (APA).

EPA is finalizing approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on August 2, 2010 and concern oxides of nitrogen (NOX) from boilers, steam generators and process heaters with a rated heat input from 0.75 to less than 2.0 MMbtu/hr. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is proposing to approve revisions to the Santa Barbara Air Pollution Control District (SBAPCD), Placer County Air Pollution Control District (PCAPCD), Antelope Valley Air Quality Management District (AVAQMD), and Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from gasoline bulk plants, terminals and vehicle dispensing facilities. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is announcing that it will convene an independent panel of experts to review the external review draft document titled, Biofuels and the Environment: The First Triennial Report to Congress (EPA/600/R- 10/183A). The peer review meeting will be organized by Versar, Inc., an EPA contractor for external scientific peer review. The EPA also is announcing a 30-day public comment period for the draft document. The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. The 2007 Energy Independence and Security Act (EISA) mandates increased production of biofuels (fuels derived from organic materials) from 9 billion gallons per year in 2008 to 36 billion gallons per year by 2022. EISA (Section 204) also requires the U.S. Environmental Protection Agency (EPA) to assess and report to Congress every three years on the current and potential future environmental and resource conservation impacts associated with increased biofuel production and use. Biofuels and the Environment: First Triennial Report to Congress is the first report on this issue. The public comment period and the external peer review meeting are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments that are submitted in accordance with this notice, to the external peer review panel, prior to the meeting for their consideration. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice. EPA is releasing this draft document solely for the purpose of obtaining public comment and peer review under applicable information quality guidelines. This document does not represent and should not be construed to represent any Agency policy or determination. EPA, through its Peer Review contractor, Versar, Inc., invites the public to register to attend the peer review meeting. In addition, EPA through Versar, Inc., invites the public to give oral and/or provide written comments during the meeting regarding the draft document under review. The draft document and EPA's charge to the peer reviewers are available primarily via the Internet on NCEA's home page under the Recent Additions and Publications menus at https://www.epa.gov/ncea. In preparing a final report, EPA will consider the comments and recommendations from the external peer review meeting and any public comments that EPA receives in accordance with this notice.

EPA is providing notice of, and soliciting written comments on, a tentative determination to deny an administrative petition submitted by the Sierra Club under RCRA section 7004. EPA issued an earlier notice denying this same petition in November 2008. However, the Agency at that time failed to comply with notice and comment provisions in its regulations. Accordingly, we are now giving the public the opportunity to provide comments on this tentative decision. This petition requests EPA to reconsider the final rule, ``Regulation of Oil-Bearing Hazardous Secondary Materials from the Petroleum Refining Industry Processed in a Gasification System to Produce Synthesis Gas,'' published in the Federal Register on January 2, 2008. The EPA considered the petition, along with information contained in the rulemaking docket, and has tentatively decided to deny the petition. In a letter from EPA Assistant Administrator Mathy Stanislaus dated January 21, 2011, EPA provided the petitioner with its tentative decision to deny the petition for reconsideration. The letter explains EPA's reasons for tentatively deciding to deny the petition. After evaluating all public comments, as well as any other information in the rulemaking record, EPA will publish either a final denial of the petition or issue a proposed rule to amend or repeal the regulation.

EPA is proposing to grant a petition submitted by Gulf West Landfill, TX, LP. (Gulf West) to exclude (or delist) the landfill leachate generated by Gulf West in Anahuac, Texas from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) Version 3.0 in the evaluation of the impact of the petitioned waste on human health and the environment.

Due to the receipt of an adverse comment, EPA is withdrawing the December 15, 2010 (75 FR 78164), direct final rule making determinations under the Clean Air Act that the Milwaukee-Racine and Sheboygan, Wisconsin areas have attained the 1997 8-hour ozone National Ambient Air Quality Standard. The Milwaukee-Racine area includes Milwaukee, Ozaukee, Racine, Washington, Waukesha, and Kenosha Counties. The Sheboygan area includes Sheboygan County. In the direct final rule, EPA stated that if adverse comments were submitted by January 14, 2011, the rule would be withdrawn and not take effect. On January 14, 2011, EPA received a comment. EPA believes this comment is adverse and, therefore, EPA is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed action also published on December 15, 2010 (75 FR 78197. EPA will not institute a second comment period on this action.

EPA is proposing to approve a new rule for the control of volatile organic compound (VOC) emissions from reinforced plastic composites production operations to Ohio's State Implementation plan (SIP). This rule applies to any facility that has reinforced plastic composites production operations. This rule is approvable because it satisfies the requirements for reasonably available control technology (RACT) under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces two public teleconferences of the Clean Air Scientific Advisory Committee (CASAC) Ozone Review Panel for the Reconsideration of the 2008 National Ambient Air Quality Standard (NAAQS).

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: Reporting and Recordkeeping for Asbestos Abatement Worker Protection; EPA ICR No. 1246.11, OMB No. 2070-0072. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.

This regulation establishes tolerances for residues of mefenoxam in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes the individual tolerance on lingonberry, as it will be superseded by inclusion in bushberry subgroup 13-07B. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the SAB Lead Review Panel to discuss its draft advisory report concerning two EPA documents entitled Approach for Developing Lead Dust Hazard Standards for Residences (November 2010 Draft) and Approach for Developing Lead Dust Hazard Standards for Public and Commercial Buildings (November 2010 Draft).

This notice announces the availability of EPA's proposed registration review decisions for the pesticides listed in the table in Unit II.A. and opens a public comment period on the proposed decisions. 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.

EPA proposes to declare a prion (i.e., proteinaceous infectious particle) a ``pest'' under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and to amend its regulations to expressly include prion within the regulatory definition of pest. EPA currently considers a prion to be a pest under FIFRA, so a product intended to reduce the infectivity of any prion on inanimate surfaces (i.e., a ``prion-related product'') is considered to be a pesticide and regulated as such. Any company seeking to distribute or sell a pesticide product regulated under FIFRA must obtain a section 3 registration, section 24(c) registration, or a section 18 emergency exemption before it can be distributed or sold in the United States. This proposed rule would codify the Agency's current interpretation of FIFRA, and provides interested parties the opportunity to comment about how it is adding prion to the list of pests in the regulatory definition of pest. This amendment, together with the formal declaration that a prion is a pest, will eliminate any confusion about the status of prion-related products under FIFRA. Codifying the Agency's current interpretation of FIFRA will not change the manner in which EPA currently regulates prion-related products under FIFRA sections 3, 24(c) and 18. Regulating prion-related products under FIFRA is appropriate for protecting human health and the environment against unreasonable adverse effects and ensuring that such products are effective.

EPA announces the withdrawal of two pesticide science policy documents that are no longer in use, entitled: ``The Incorporation of Water Treatment Effects on Pesticide Removal and Transformations in Food Quality Protection Act (FQPA) Drinking Water Assessments,'' dated October 25, 2001, and ``Drinking Water Screening Level Assessments,'' dated September 1, 2000. EPA also announces the availability of two updated pesticide science policy documents, entitled: ``The Development and Use of the Index Reservoir in Drinking Water Exposure Assessments,'' dated April 15, 2010, and ``Guidance on Development and Use of Percent Cropped Area Adjustment,'' dated September 9, 2010.

On September 23, 2009, the State of Alabama, through the Alabama Department of Environmental Management (ADEM), provided a letter to EPA with certification that Alabama's state implementation plan (SIP) meets the interstate transport requirements with regard to the 2006 24-hour particulate matter (PM2.5) national ambient air quality standard (NAAQS). Specifically, the interstate transport requirements under the Clean Air Act (CAA or Act) prohibit a state's emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other state. In this action, EPA is proposing to disapprove the portion of Alabama's September 23, 2009, submission which was intended to meet the requirement to address interstate transport for the 2006 24-hour PM2.5 NAAQS.

On September 8, 2009, Kentucky's Energy and Environment Cabinet, through the Kentucky Division for Air Quality (KDAQ), provided a letter to EPA with certification that Kentucky's State implementation plan (SIP) meets the interstate transport requirements with regard to the 2006 24-hour particulate matter (PM2.5) national ambient air quality standard (NAAQS). Specifically, the interstate transport requirements under the Clean Air Act (CAA or Act) prohibit a State's emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other State. In this action, EPA is proposing to disapprove the portion of Kentucky's September 8, 2009, submission which was intended to meet the requirement to address interstate transport for the 2006 24-hour PM2.5 NAAQS.

Pursuant to our authority under the Clean Air Act (CAA), EPA is proposing to disapprove the New Jersey and the New York State Implementation Plan (SIP) revisions submitted to address significant contribution to nonattainment or interference with maintenance in another State with respect to the 2006 24-hour fine particle (PM2.5) national ambient air quality standards (NAAQS). On January 20, 2010, New Jersey submitted a SIP revision to address section 110(a)(2)(D)(i) of the CAA concerning interstate transport requirements, and sections 110(a)(1) and (2) of the CAA concerning infrastructure requirements. On March 23, 2010, New York submitted a SIP revision to address the section 110(a)(2)(D)(i) of the CAA concerning interstate transport, and sections 110(a)(1) and (2) of the CAA concerning infrastructure SIP requirements. In this action, EPA is proposing to disapprove the portion of the New Jersey and the New York SIP revisions that addresses the section 110(a)(2)(D)(i)(I) requirement prohibiting a State's emissions from significantly contributing to nonattainment or interfering with maintenance of the NAAQS in any other State. The rationale for the disapproval action of the SIP revision is described in this proposal.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Maryland. This SIP revision includes amendments to Maryland's regulation for Volatile Organic Compounds from Specific Processes, and meets the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA's Control Techniques Guidelines (CTG) for flat wood paneling coatings. These amendments will reduce emissions of volatile organic compound (VOC) from flat wood coating facilities. 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.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR, entitled: ``TSCA Section 402 and Section 404 Training and Certification, Accreditation and Standards for Lead-Based Paint Activities and Renovation, Repair, and Painting'' and identified by EPA ICR No. 1715.13 and OMB Control No. 2070-0155, is scheduled to expire on October 31, 2011. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of adding the primary and secondary lead standards of 0.15 micrograms per cubic meter ([mu]g/m\3\), related reference conditions, and update the list of appendices under ``Documents Incorporated by Reference.'' In the Final Rules section of this Federal Register, EPA is approving the Commonwealth'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.