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

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision pertains to the control of nitrogen oxide (NOX) emissions from Portland cement kilns. This action is being taken under the Clean Air Act (CAA).

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 taking direct final action to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). These revisions concern negative declarations for volatile organic compound (VOC) source categories for the MDAQMD. We are approving these negative declarations under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is proposing a limited approval and limited disapproval of permitting rules submitted for the Placer County Air Pollution Control District (PCAPCD) and Feather River Air Quality Management District (FRAQMD) portion of the California State Implementation Plan (SIP). The districts are required under Part D of title I of the Clean Air Act (CAA) to adopt and implement a SIP-approved New Source Review (NSR) permit program. These rules update and revise the District's NSR permitting program for new and modified sources of air pollution. If EPA finalizes the limited approval and limited disapproval action, as proposed, then a sanctions clock would be triggered. We are taking comments on this proposal and plan to follow with a final action.

EPA is proposing to partially approve and partially disapprove the State Implementation Plan (SIP) submission from the State of Montana to demonstrate that the SIP meets the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on July 18, 1997. Section 110(a)(1) of the CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIPs to ensure that they meet the requirements of the ``infrastructure elements'' of section 110(a)(2). The State of Montana submitted two certifications of their infrastructure SIP for the 1997 ozone NAAQS, dated November 28, 2007, which was determined to be complete on March 27, 2008 (73 FR 16205), and December 22, 2009. EPA does not propose to act on the State's November 28, 2007 and December 22, 2009, submissions to meet the requirements of section 110(a)(2)(D)(i) of the CAA, relating to interstate transport of air pollution, for the 1997 ozone NAAQS. EPA approved the State's interstate transport SIP submission on February 26, 2008 (73 FR 10150).

The EPA is delaying the effective dates for the final rules titled ``National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters'' and ``Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units'' under the authority of the Administrative Procedure Act (APA) until the proceedings for judicial review of these rules are completed or the EPA completes its reconsideration of the rules, whichever is earlier.

EPA is announcing its intention to implement a Federal program to certify applicators of restricted use pesticides in Indian country. The program will be administered by EPA. EPA is soliciting comments on EPA's intent to implement a Federal certification program in Indian country where no other EPA-approved or EPA-implemented plan applies and on its Proposed Federal Plan for Certification of Applicators of Restricted Use Pesticides within Indian Country (Plan). A separate proposal and public comment period for a Federal certification plan to address use of restricted use pesticides in Region 8 Indian country was recently published in the Federal Register on April 20, 2011.

EPA Region 10 today re-proposes six effluent limits for produced water under the National Pollutant Discharge Elimination System (NPDES) General Permit for Oil and Gas Exploration, Development and Production Facilities in State and Federal Waters in Cook Inlet, Permit No. AKG-31-5000 (Permit). The effluent limits subject to the re- proposal are: mercury, copper, total aromatic hydrocarbons (TAH), total aqueous hydrocarbons (TAqH), silver, and whole effluent toxicity (WET). As proposed, the Permit would continue to authorize discharges from exploration, development, and production facilities that are included in the Coastal and Offshore Subcategory of the Oil and Gas Extraction Point Source Category as authorized by Section 402 of the Clean Water Act (CWA or ``the Act''), 33 U.S.C. 1342. State Certification: Section 401 of the Act, 33 U.S.C. 1341, requires EPA to seek a certification from the State that the conditions of the re-proposed Permit are stringent enough to comply with State water quality standards. EPA obtained a draft certification from the Alaska Department of Environmental Conservation (ADEC) on May 3, 2011. EPA intends to seek a final certification from ADEC prior to issuing the final Permit. When the State issues certification, the State may impose more stringent conditions than are currently included in the Permit re-proposal to ensure compliance with State water quality standards. EPA would then be required to include the more stringent conditions from the State certification in the Permit pursuant to Section 401(d) of the Act, 33 U.S.C. 1341(d).

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 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 as described below.

The EPA is issuing a final rule that repeals the ``grandfather'' provision for particulate matter less than 2.5 micrometers (PM2.5) under the Federal Prevention of Significant Deterioration (PSD) permit program, which is administered by EPA in states that lack a PSD permit program in their approved state implementation plan (SIP). The grandfather provision allowed certain facilities under certain circumstances to satisfy the PSD permit program requirements for PM2.5 by meeting the requirements for controlling particulate matter less than 10 micrometers (PM10) and analyzing impacts on PM10 air quality as a surrogate approach based on an EPA policy known as the ``1997 PM10 Surrogate Policy.'' In its February 11, 2010, notice of proposed rulemaking, EPA also proposed to end early the 1997 PM10 Surrogate Policy in EPA-approved state PSD programs during the remainder of the SIP development period, which ends on May 16, 2011. EPA is taking no final action on that aspect of the proposal.

EPA is making an interim final determination to defer imposition of sanctions based on a proposed determination, published elsewhere in this Federal Register, that the State of California is no longer required to submit or implement a Clean Air Act (CAA) Section 185 fee program (Termination Determination) for the Sacramento Metro 1- hour Ozone nonattainment area (Sacramento Metro Area) to satisfy anti- backsliding requirements for the 1-hour Ozone standard.

This regulation establishes tolerances for residues of spirotetramat, including its metabolites and degradates, in or on multiple commodities which are identified and discussed later in this document. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is proposing to make two determinations regarding the fine particle (PM2.5) nonattainment areas of Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton (hereafter referred to as ``Areas''). First, EPA is proposing to determine that these Areas have attained the 1997 annual average PM2.5 National Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA). This proposed determination of attainment is based upon complete, quality-assured, and certified ambient air monitoring data for the 2007-2009 period showing that the areas have monitored attainment of the annual PM2.5 NAAQS. EPA also evaluated incomplete data from this period from other monitors in the Cleveland- Akron area, as well as complete preliminary quality-assured data available to date for 2010. EPA believes these data support the determination that the Areas have attained the 1997 annual PM2.5 NAAQS. If this proposed determination is made final, the requirements for these Areas to submit an attainment demonstration, associated reasonably available control measures (RACM) to include reasonably available control technology (RACT), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to attainment of the 1997 annual PM2.5 NAAQS shall be suspended for so long as the Areas continue to attain the 1997 annual PM2.5 NAAQS. Second, EPA is also proposing to determine, based on quality-assured and certified monitoring data for the 2007-2009 monitoring period, that these Areas have attained the 1997 annual PM2.5 NAAQS by the applicable attainment date of April 5, 2010.

On January 5, 2011, EPA sent West Virginia a letter acknowledging that West Virginia's delegation of authority to implement and enforce NESHAP and NSPS had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public of West Virginia's updated delegation of authority to implement and enforce NESHAP and NSPS, EPA is making available a copy of EPA's letter to West Virginia through this notice.

Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated May 2, 2011, denying a petition to object to a CAA title V operating permit issued by the Kentucky Division for Air Quality to Tennessee Valley Authority (TVA) for its Paradise Fossil Fuel Plant located near Drakesboro in Muhlenberg County, Kentucky. This Order constitutes a final action on the petition submitted by Sierra Club (Petitioner) on January 9, 2010. Pursuant to sections 307(b) and 505(b)(2) of the CAA, a petition for judicial review of those parts of the Order that deny issues in the petition may be filed in the United States Court of Appeals for the appropriate circuit within 60 days from the date this notice appears in the Federal Register.

The Office of Congressional and Intergovernmental Relations (OCIR) is issuing this notice to cancel the May 18-19, 2011 Local Government Advisory Committee (LGAC) Meeting. The notice of this meeting was previously published in the Federal Register on Thursday, April 21, 2011 (76 FR 22394).

EPA is proposing to approve a revision to the New Mexico State Implementation Plan (SIP). The revision consists of a maintenance plan for Sunland Park, New Mexico developed to ensure continued attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) through the year 2014. The Maintenance Plan meets the requirements of Section 110(a)(1) of the Federal Clean Air Act (CAA), EPA's rules, and is consistent with EPA's guidance. EPA is approving the revisions pursuant to section 110 and part D of the CAA.

The Environmental Protection Agency (EPA) established the Clean Air Act Advisory Committee (CAAAC) on November 19, 1990, to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises on economic, environmental, technical scientific, and enforcement policy issues. Dates & Addresses: Open meeting notice; Pursuant to 5 U.S.C. App. 2 Section 10(a)(2), notice is hereby given that the Clean Air Act Advisory Committee will hold their next open meeting on Wednesday June 8, 2011 from 8 a.m. to 4 p.m. at the Almas Temple, located at 1315 K Street, NW., Washington, DC. Seating will be available on a first come, first served basis. The Economic Incentives and Regulatory Innovations subcommittee will meet on Tuesday June 7, 2011 from 8:30 a.m. to 12 p.m. The Permits, New Source Reviews and Toxics subcommittee will meet on Tuesday June 7, 2011 from approximately 1 p.m. to 3:30 p.m. The meetings will also be held at the Almas Temple in Washington, DC. In conjunction with the CAAAC meeting, the Clean Air Excellence Awards will be presenting from 4:30 p.m. to 6:30 p.m. also at the Almas Temple. The awards are also open to the public. The agenda for the CAAAC full committee meeting on June 8, 2011 will be posted on the Clean Air Act Advisory Committee Web site at https://www.epa.gov/oar/caaac/. Inspection of Committee Documents: The Committee agenda and any documents prepared for the meeting will be publicly available at the meeting. Thereafter, these documents, together with CAAAC meeting minutes, will be available by contacting the Office of Air and Radiation Docket and requesting information under docket OAR-2004-0075. The Docket office can be reached by e-mail at: a-and-r-Docket@epa.gov or FAX: 202-566-9744.

EPA approved Alaska's National Pollutant Discharge Elimination System (NPDES) program application on October 31, 2008 pursuant to section 402 of the Clean Water Act (CWA or ``the Act''). The approved State program, called the Alaska Pollutant Discharge Elimination System (APDES), includes an implementation plan that transfers the administration of specific program components from EPA to the Alaska Department of Environmental Conservation (ADEC) in four phases over a three year period from the date of program approval. Phases I-III have been transferred from EPA to ADEC. Transfer of the final phase, Phase IV, is currently scheduled for October 31, 2011. ADEC has made a submission for approval for a one year extension of the transfer of Phase IV of the APDES program, which includes oil and gas, cooling water intakes and dischargers, munitions and all other remaining facilities not previously transferred in Phases I-III. If EPA approves the APDES program revision, Phase IV will transfer to ADEC four years from the date of program approval, or October 31, 2012. Today, EPA is requesting comments on the proposed one year extension and is providing notice of a public hearing and comment period on the proposal. The EPA Region 10 Regional Administrator will either approve or disapprove the APDES program revision after considering all comments received during the public comment period.

EPA is proposing to approve a request submitted by the Indiana Department of Environmental Management on November 24, 2010 to revise the Indiana State Implementation Plan (SIP). The submission revises the Indiana Administrative Code (IAC) by amending and updating the definition of ``References to the Code of Federal Regulations,'' to refer to the 2009 edition. The submission revision also makes a minor revision to the definition of ``Nonphotochemically reactive hydrocarbons'' or ``negligibly photochemically reactive compounds'' by deleting an outdated Federal Register citation.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Virginia Department of Environmental Quality (VADEQ) on October 27, 2010. This revision pertains to EPA's greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) permitting provisions as promulgated on June 3, 2010 in the Tailoring Rule. The SIP revision modifies Virginia's PSD program to establish appropriate emission thresholds for determining which new stationary sources and modifications become subject to Virginia's PSD permitting requirements for their GHG emissions. EPA is approving Virginia's SIP revision because the Agency has determined that this SIP revision is in accordance with the CAA and Federal regulations regarding PSD permitting for GHGs.

EPA is proposing to approve the State Implementation Plan (SIP) submission from the State of South Dakota to demonstrate that the SIP meets the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on July 18, 1997. Section 110(a)(1) of the CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIPs to ensure that they meet the requirements of the ``infrastructure elements'' of section 110(a)(2). The State of South Dakota submitted a certification of their Infrastructure SIP for the 1997 ozone NAAQS, dated February 1, 2008, which was determined to be complete on March 27, 2008 (73 FR 16205). EPA does not propose to act on the State's February 1, 2008 submission to meet the requirements of section 110(a)(2)(D)(i) of the CAA, relating to interstate transport of air pollution, for the 1997 ozone NAAQS. EPA approved the State's interstate transport SIP submission on May 8, 2008 (73 FR 26019).

EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE). 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) standards for large appliance coatings. These amendments will reduce emissions of volatile organic compound (VOC) emissions from large appliance coating facilities. Therefore, this revision will help Maryland attain and maintain the national ambient air quality standard (NAAQS) for ozone. This action is being taken under the Clean Air Act (CAA).

EPA is finalizing approval of revisions to the California Air Resources Board portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on November 16, 2010 and concern volatile organic compound (VOC) emissions from consumer products. We are approving a State rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).