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

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Kentucky Environmental Foundation in the United States District Court for the District of Columbia: Kentucky Environmental Foundation v. Jackson, No. 10-CV-1814-PLF (D. D.C.). On October 22, 2010, Plaintiff filed a complaint alleging that EPA failed to perform a nondiscretionary duty under section 110(k)(2) of the CAA, 42 U.S.C. 7410(k)(2), to take final action on an attainment demonstration contained within a SIP submittal from the State of Kentucky for the 1997 fine particulate matter National Ambient Air Quality Standard in the Kentucky portion of the Huntington-Ashland area. The proposed consent decree establishes a deadline of March 30, 2012 for EPA to take action.

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the Palmer Barge Line (PBL) Superfund Site located in Port Arthur, Texas (Jefferson County), 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 EPA with the concurrence of the State of Texas, through the Texas Commission on Environmental Quality, because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the State Marine of Port Arthur (SMPA) Superfund Site located in Port Arthur, Texas (Jefferson County), 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 EPA with the concurrence of the State of Texas, through the Texas Commission on Environmental Quality, because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The United States Environmental Protection Agency (``EPA'') is proposing to enter into an administrative settlement agreement (``Settlement Agreement'') with SC Holdings, Inc. and Waste Management of New Jersey, Inc. (the ``Settling Parties'') pursuant to Section 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9622(h). The Settlement Agreement provides for Settling Parties' payment of certain past costs incurred at the Landfill and Development, Inc. (``Landfill and Development'') Superfund Site, located in Burlington County, New Jersey (``Site''). The Settlement Agreement also provides for the payment of certain future response costs incurred at the Site. In accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), this notice is being published to inform the public of the proposed Settlement Agreement and of the opportunity to comment. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the proposed Settlement Agreement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region 2, 290 Broadway, 17th floor New York, New York 10007-1866.

EPA is proposing to determine that the Harrisburg-Lebanon- Carlisle (Harrisburg), Johnstown, Lancaster, York, and Reading fine particle (PM2.5) nonattainment areas (the Areas) in the Commonwealth of Pennsylvania have attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. These proposed determinations are based upon complete, quality assured, and certified ambient air monitoring data that show these Areas have monitored attainment of the 1997 annual PM2.5 NAAQS for the 2007-2009 monitoring period. These determinations are being taken in accordance with the requirements of the Clean Air Act (CAA). In the Final Rules section of this Federal Register, EPA is making these determinations of attainment as a direct final rule without prior proposal because the Agency views these as noncontroversial actions and anticipates no adverse comments. A detailed rationale for the determinations is set forth in the direct final rule. If no adverse comments are received in response to these actions, no further activity is contemplated. If EPA receives adverse comments, the direct final rules will be withdrawn and all public comments received will be addressed in subsequent final rules based on these proposed rules. EPA will not institute a second comment period. Any parties interested in commenting on these actions should do so at this time.

Notice is hereby given that the State of Alaska has revised its approved State Public Water Supply Supervision Primacy Program. Alaska has adopted regulations analogous to the EPA's Ground Water Rule. The EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, the EPA intends to approve these State program revisions. By approving these rules, the EPA does not intend to affect the rights of federally recognized Indian tribes within ``Indian country'' as defined by 18 U.S.C. 1151, nor does it intend to limit existing rights of the State of Alaska.

In this action, we are proposing to approve San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Rule 3170, ``Federally Mandated Ozone Nonattainment Fee,'' as a revision to SJVUAPCD's portion of the California State Implementation Plan (SIP). Rule 3170 is a local fee rule submitted to address section 185 of the Clean Air Act (CAA or Act). EPA is also proposing to approve SJVUAPCD's fee-equivalent program, which includes Rule 3170 and state law authorities that authorize SJVUAPCD to impose supplemental fees on motor vehicles, as an alternative to the program required by section 185 of the Act. We are proposing that SJVUAPCD's alternative fee- equivalent program is not less stringent than the program required by section 185, and, therefore, is approvable, consistent with the principles of section 172(e) of the Act. As part of this action, we are inviting public comment on whether it is appropriate for EPA to consider alternative programs and, if so, what would constitute an approvable alternative program. We are taking comments on these proposals and plan to follow with a final action.

Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the Landia Chemical Company Superfund Site located in Lakeland, Polk County, Florida for publication.

The Environmental Protection Agency's (EPA), Science Advisory Board (SAB) Staff Office announces a meeting and teleconference of the SAB's Scientific and Technological Achievement Awards (STAA) Committee to develop draft recommendations regarding the recipients of the Agency's 2011 Scientific and Technological Achievement Awards for consideration by the SAB. The meetings will be closed to the public.

EPA is finalizing 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) portions of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on May 19, 2011 and concern New Source Review (NSR) permit programs for new and modified major stationary sources of air pollution. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

Since the amendments of October 1988, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has required payment of an annual maintenance fee to keep pesticide registrations in effect. The fee due last January 15, 2011, has gone unpaid for 254 registrations. Section 4(i)(5)(G) of FIFRA provides that the EPA Administrator may cancel these registrations by order and without a hearing; orders to cancel all 254 of these registrations have been issued within the past few days.

This action proposes several new NOX emission standards, compliance flexibilities, and other regulatory requirements for aircraft turbofan or turbojet engines with rated thrusts greater than 26.7 kilonewtons (kN). We also are proposing certain other requirements for gas turbine engines that are subject to exhaust emission standards. First, we are proposing to clarify when the emission characteristics of a new turbofan or turbojet engine model have become different enough from its existing parent engine design that it must conform to the most current emission standards. Second, we are proposing a new reporting requirement for manufacturers of gas turbine engines that are subject to any exhaust emission standard to provide us with timely and consistent emission-related information. Third, and finally, we are proposing amendments to aircraft engine test and emissions measurement procedures. EPA actively participated in the United Nation's International Civil Aviation Organization (ICAO) proceedings in which most of these proposed requirements were first developed. These proposed regulatory requirements have largely been adopted or are actively under consideration by its member states. By adopting such similar standards, therefore, the United States will maintain consistency with these international efforts.

The U.S. Environmental Protection Agency (EPA) is announcing a 60-day public comment period for the External Review Draft of ``Microbial Risk Assessment Guideline: Pathogenic Microorganisms with Focus on Food and in Water.'' EPA developed the Guideline in collaboration with the U.S. Department of Agriculture, Food Safety Inspection Service (USDA/FSIS) and with scientists from other Federal agencies. This draft document is being released solely for the purpose of seeking public comment prior to peer review. The document will undergo independent peer review during an expert peer review meeting, which will be convened, organized, and conducted by an EPA contractor in 2011. The date of the external peer review meeting will be announced in a subsequent Federal Register notice. All comments received by the docket closing date September 26, 2011 will be shared with the external peer review panel for their consideration. Comments received after the close of the comment period may be considered by the two agencies when they finalize the document. This document has not been formally disseminated by EPA or USDA/FSIS. This draft guidance does not represent and should not be construed to represent EPA or USDA/FSIS policy, viewpoint, or determination. Members of the public may obtain the draft guidance from https://www.regulations.gov; or https:// www.epa.gov/raf/microbial/index.htm or from Dr. Michael Broder via the contact information below.

EPA is taking direct final action to approve revisions to the Northern Sierra Air Quality Management District (NSAQMD), Sacramento Metropolitan Air Quality Management District (SMAQMD), and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from gasoline dispensing facilities, polyester resin operations, and spray booth facilities. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

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.

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.

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 portions of three revisions to the

In two recent actions under the Clean Air Act (CAA), EPA

The Environmental Protection Agency is requesting applications for essential use allowances for calendar years 2013 and 2014. Essential use allowances provide exemptions from the phaseout of production and import of ozone-depleting substances. Essential use allowances must be authorized by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. The U.S. Government will use the applications received in response to this notice as the basis for its nomination of essential uses at the 24th Meeting of the Parties to the Protocol, to be held in 2012.

On June 22, 2011, the EPA proposed to approve the Nevada State Implementation Plan (SIP) to implement the regional haze program for the first planning period through July 31, 2018. The EPA is extending the deadline for written comments on the proposed approval of the Regional Haze SIP by 30 days to August 22, 2011. The EPA received requests for an extension from attorneys representing a consortium of environmental groups and the Moapa Paiutes Tribe. The requests were based on a need for more time to review the technical materials that form the basis of Nevada's Regional Haze SIP and EPA's proposed approval. The EPA finds that the request is reasonable given the complexity of the Regional Haze Rule requirements and EPA's proposed approval of the technical analyses presented in Nevada's plan.

EPA is approving the State Implementation Plan (SIP) submission from the State of Colorado 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 Colorado submitted a certification, dated January 7, 2008, that its SIP met these requirements for the 1997 ozone NAAQS. The certification was determined to be complete on March 27, 2008 (73 FR 16205).

EPA is approving and conditionally approving the State Implementation Plan (SIP) submission from the State of Utah 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 Standard (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 Utah submitted two certifications, dated December 3, 2007, and December 21, 2009, that its SIP met these requirements for the 1997 ozone NAAQS. The December 3, 2007 certification was determined to be complete on March 27, 2008 (73 FR 16205).