Environmental Protection Agency 2011 – Federal Register Recent Federal Regulation Documents

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by Allied Energy Company, Gladieux Trading and Marketing, Insight Equity Acquisition Partners, LP, Liquidtitan, LLC and Seaport Refining and Environmental, LLC (``Petitioners''), in the United States Court of Appeals for the District of Columbia Circuit: Allied Energy Company, et al v. EPA, No. 10-1146 (D.C. Cir.). Petitioners filed a petition for review respecting one issue in an EPA rule that, among other things, beginning in June, 2014, forbade the production of diesel fuel that contains up to 500 parts per million (ppm) sulfur for use in older technology locomotive and marine engines. Under the terms of the proposed settlement agreement, EPA anticipates that, by December 31, 2011, it will sign a notice of proposed rulemaking that includes a proposal to allow the continued production of diesel fuel that contains up to 500 parts per million (ppm) sulfur, produced from transmix, for use in older technology locomotive and marine engines outside of the Northeast Mid-Atlantic area during and after 2014.

EPA is making an interim final determination to stay the imposition of offset sanctions and to defer the imposition of highway sanctions based on a proposed approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP) published elsewhere in this Federal Register. The revisions concern SJVUAPCD Rules 4401 and 4605.

EPA is proposing to approve 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 polyester resin operations. We are approving a local rule that regulates 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. In a separate interim final action published in the Rules section in today's Federal Register, we are deferring related CAA sanctions that would otherwise apply to the SJVUAPCD.

This regulation establishes tolerances for residues of dicamba in or on teff, forage; teff, grain; teff, straw; and teff, hay. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is proposing to partially approve and partially disapprove a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or SJV) portion of the California State Implementation Plan (SIP). Specifically, we propose to partially approve and partially disapprove SJVUAPCD's ``Reasonably Available Control Technology (RACT) Demonstration for Ozone State Implementation Plan (SIP)'' (RACT SIP) for the 8-hour ozone National Ambient Air Quality Standard (NAAQS) 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.

This regulation establishes tolerances for residues of 2,4-D in or on teff, bran; teff, forage; teff, grain; and teff, straw. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA) for residues of novaluron in or on multiple commodities which are identified and discussed later in this document. Additionally, the Agency is amending existing tolerances for meat byproducts and revising commodity terms for hog and poultry byproducts. Interregional Research Project Number 4 (IR-4) requested the sweet corn tolerances; Makhteshim-Agan of North America, Inc. requested the food and feed handling establishment tolerances.

This action proposes technical revisions to the electronics manufacturing and the petroleum and natural gas systems source categories of the greenhouse gas reporting rule. Proposed changes include providing clarification on existing requirements, increasing flexibility for certain calculation methods, amending data reporting requirements clarifying terms and definitions, and technical corrections. In addition, the Environmental Protection Agency is proposing to amend the definition of heat transfer fluids in subpart I to include more fluorocarbons used as heat transfer fluids in the electronics manufacturing industry.

EPA is announcing a 30-day public comment period for the draft documents titled, Vulnerability Assessments in Support of the Climate Ready Estuaries Program: A Novel Approach Using Expert Judgment, Volume I: Results for the San Francisco Estuary Partnership (EPA/600/R-11/ 058a) and Vulnerability Assessments in Support of the Climate Ready Estuaries Program: A Novel Approach Using Expert Judgment, Volume II: Results for the Massachusetts Bays Program (EPA/600/R-11/058b). The EPA also is announcing that Eastern Research Group, an EPA contractor for external scientific peer review, will select two independent groups of experts to conduct a letter peer-review of the same draft documents. The documents were prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development, in collaboration with the San Francisco Estuary Partnership (SFEP), the San Francisco Bay Conservation and Development Commission, and the Massachusetts Bays Program (MBP). The reports are pilot ecological vulnerability assessments using a novel methodology, based on expert judgment, to inform adaptation planning under EPA's Climate Ready Estuaries Program. To demonstrate the novel methodology, two ecosystem processes were selected for each assessment: sediment retention in salt marshes (for both SFEP and MBP) and community interactions (of wading shorebirds and their mudflat prey for SFEP, and of the saltmarsh sharp-tailed sparrow and key species of nesting habitat grasses for MBP). This study assesses (1) Relationships among key physical and ecological variables that regulate each process, (2) relative sensitivities of these relationships under current and future climate change scenarios, (3) degree of confidence about these relationships, and (4) implications for management. The results of this study are designed to support the SFEP's and MBP's adaptation planning efforts as well as those of other estuary managers. EPA intends to forward the public comments that are submitted in accordance with this notice to the external peer-reviewers for their consideration during the letter review. When finalizing the draft document, EPA intends to consider any public comments received in accordance with this notice. EPA is releasing these draft documents for the purpose of pre-dissemination peer review under applicable information quality guidelines. These documents have not been formally disseminated by EPA. They do not represent and should not be construed to represent any Agency policy or determination. The draft documents are available via the Internet on the NCEA home page under the Recent Additions and the Data and Publications menus at https://www.epa.gov/ncea.

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: PCBs, Consolidated Reporting and Record Keeping Requirements; EPA ICR No. 1446.10, OMB No. 2070- 0112. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.

EPA issued a proposed rule in the Federal Register of July 12, 2011, concerning a proposed significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 14 glymes. Since publication, EPA has received a request for additional time to submit comments. This document extends the comment period for 30 days, from September 12, 2011 to October 12, 2011.

EPA is proposing to approve a revision to the Yolo-Solano Air Quality Management District portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound emissions from expandable polystyrene product manufacturing operations. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act as amended in 1990.

The EPA is making a finding that certain states, the District of Columbia, and the Commonwealth of Puerto Rico have not submitted a complete State Implementation Plan (SIP) that addresses basic program elements of the Clean Air Act (CAA or Act) necessary to implement, maintain, and enforce the 2006 24-hour Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards (NAAQS). The EPA refers to these SIP submissions as ``infrastructure'' SIPs, because they address basic structural requirements specified in section 110(a)(1) and (2) that states must establish that they meet following the promulgation of a new or revised NAAQS. Specifically, the EPA is evaluating whether these states, the District of Columbia, and the Commonwealth of Puerto Rico made complete infrastructure SIP submissions to address the applicable requirements of section 110(a)(2)(A) through (M) necessary to implement the 2006 PM2.5 NAAQS, with the exception of section 110(a)(2)(I), portions of section 110(a)(2)(C) pertaining to nonattainment area requirements and section 110(a)(2)(D)(i)(I). By this action, the EPA is identifying those states, the District of Columbia, and the Commonwealth of Puerto Rico that have failed to make a complete submission for some or all of these specific requirements. The finding of failure to submit for some or all of these specific elements establishes a 24-month deadline for the EPA to promulgate a Federal Implementation Plan (FIP) to address each state's outstanding infrastructure SIP elements unless, prior to that time, the state submits, and the EPA approves, a submission that meets the required elements, or unless the state is already subject to an existing FIP that addresses the SIP deficiency.

EPA is determining that the Chattanooga, Alabama-Tennessee- Georgia, fine particulate (PM2.5) nonattainment area (hereafter referred to as ``the Chattanooga Area'') and the Macon, Georgia PM2.5 nonattainment area (hereafter referred to as ``the Macon Area'') have attained the 1997 annual PM2.5 national ambient air quality standards (NAAQS) by the applicable attainment date of April 5, 2010. The determinations of attainment were previously finalized by EPA on May 31, 2011, for the Chattanooga Area and June 2, 2011, for the Macon Area, and were based on quality-assured and certified monitoring data for the 2007-2009 monitoring period. The Chattanooga Area is comprised of Hamilton County in Tennessee, Catoosa and Walker Counties in Georgia, and a portion of Jackson County in Alabama. The Macon Area is comprised of Bibb County in its entirety and a portion of Monroe County in Georgia. EPA is determining to find that both of the above-identified areas attained the 1997 annual PM2.5 NAAQS by the applicable attainment date. EPA is finalizing these actions because they are consistent with the Clean Air Act (CAA) and its implementing regulations.

This regulation establishes an exemption from the requirement of a tolerance for residues of Chromobacterium subtsugae strain PRAA4- 1\T\ in or on all food commodities when applied as an insecticide or miticide and used in accordance with good agricultural practices. Marrone Bio Innovations, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Chromobacterium subtsugae strain PRAA4-1\T\ under the FFDCA.

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 requests by registrants to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled, only if such sale, distribution, or use is consistent with the terms as described in the final order.

This regulation establishes an exemption from the requirement of a tolerance for residues of lipase, triacylglycerol (CAS Reg. No. 9001-62-1) when used as a component of food contact sanitizing solutions applied to all food contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils at a maximum level in the end-use concentration of 500 parts per million (ppm). Novozymes North America, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of lipase, triacylglycerol.

EPA is proposing to approve revisions to Alaska's State Implementation Plan (SIP) relating to the motor vehicle inspection and maintenance program (I/M) for control of carbon monoxide (CO) in Anchorage. The State of Alaska submitted two revisions to the Alaska SIP: a November 13, 2009, submittal containing revisions to the statewide I/M program and a September 29, 2010, submittal discontinuing the I/M program in Anchorage as an active control measure in the SIP and shifting it to a contingency measure. The State's submittals include a revised a CO emissions inventory and motor vehicle emissions budget. EPA is proposing to approve the 2010 submittal because it satisfies the requirements of the Clean Air Act (CAA or the Act). EPA is not taking action on the 2009 submittal because the 2010 submittal supersedes the 2009 revision.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG), Environmental Quality Issues (EQI) Working Committee will hold a 2-day meeting, beginning on October 17, 2011 and ending October 18, 2011. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

EPA is determining that the tri-state Huntington-Ashland, West Virginia-Kentucky-Ohio, fine particulate (PM2.5) nonattainment Area (hereafter referred to as ``the Huntington-Ashland Area'' or ``Area'') has attained the 1997 annual PM2.5 national ambient air quality standards (NAAQS) and additionally, that the Area has attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010. The Huntington-Ashland Area is comprised of Cabell and Wayne Counties in their entireties and a portion of Mason County (Graham Tax District) in West Virginia; Boyd County in its entirety and a portion of Lawrence County in Kentucky; and a portion of Adams, a portion of Gallia, Lawrence, and Scioto Counties in Ohio. These determinations of attainment are based upon quality-assured and certified ambient air monitoring data for the 2007- 2009 period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS. The requirements for the Area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to attainment of the standard shall be suspended so long as the Area continues to attain the 1997 annual PM2.5 NAAQS.

EPA is releasing a final report entitled, Aquatic Ecosystems, Water Quality, and Global Change: Challenges of Conducting Multi- stressor Vulnerability Assessments, (EPA/600/R-11/011F). The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. This report investigates the issues and challenges associated with identifying, calculating, and mapping indicators of the relative vulnerability of water quality and aquatic ecosystems across the United States to the potential impacts of global change. Using a large set of environmental indicators drawn from scientific literature and data, this final report explores the conceptual and practical challenges associated with using such indicators to assess the resilience of ecosystems and human systems to a variety of existing stresses and mal- adaptations.

EPA is proposing a limited approval and limited disapproval of revisions to the Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from biomass fuel-fired boilers. We are proposing action on a local rule that regulates 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.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The revision establishes the addition of nitrogen oxides (NOX) as a precursor to ozone in Virginia for permits of major stationary sources or major modifications locating in Prevention of Significant Deterioration (PSD) areas. EPA is approving the addition of NOX as a precursor to ozone based on the Virginia regulations dated December 31, 2008. A previous PSD program approval of Virginia's Chapter 80, Article 8 regulations was provided to the Commonwealth as a ``limited approval'' for reasons that will not deny this action as being fully approved. This revision to add NOX as a precursor to ozone is in accordance with the requirements of the Clean Air Act (CAA).