Environmental Protection Agency 2011 – Federal Register Recent Federal Regulation Documents

EPA is proposing to determine that the Baltimore moderate 8- hour ozone nonattainment area (the Baltimore Area) did not attain the 1997 8-hour ozone national ambient air quality standard (NAAQS) by its June 15, 2011, attainment date. The attainment date for moderate ozone nonattainment areas was June 15, 2010. However, the Baltimore Area qualified for a 1-year extension of its attainment date. Therefore, EPA extended the area's attainment date to June 15, 2011. This proposal is based on EPA's review of complete, quality assured, and certified ambient air quality monitoring data for the 2008-2010 monitoring period that are available in the EPA Air Quality System (AQS) database. If EPA finalizes this determination, the Baltimore Area will be reclassified by operation of law as a serious 8-hour ozone nonattainment area for the 1997 8-hour ozone standard. The serious area attainment date for the Baltimore Area would be as expeditiously as practicable, but not later than June 15, 2013. Once reclassified, the State of Maryland must submit State Implementation Plan (SIP) revisions for the Baltimore Area to meet the Clean Air Act (CAA) requirements for serious ozone nonattainment areas. In this action, EPA is also proposing that the State of Maryland submit the necessary SIP revisions to EPA by no later than September 30, 2012. This action is being taken under the CAA.

The EPA Science Advisory Board (SAB) Staff Office is requesting public nominations of technical experts to serve on an expert panel under the auspices of the SAB to conduct a peer review of EPA's development of air emission estimating methodologies for animal feeding operations.

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 WildEarth Guardians and Sierra Club in the United States District Court for the Northern District of California: WildEarth Guardians et al. v. Jackson, No. 3:11-cv-00190-WHA (N.D. Cal.). On July 6, 2011, Plaintiffs filed an amended complaint alleging that EPA failed, among other things, to take final action under section 110(k)(2) and (3) of the CAA to approve or disapprove, approve in part, or disapprove in part State Implementation Plan (SIP) submittals or portions of submittals meeting applicable requirements of section 110(a)(2) of the CAA, for the States of Alabama, Connecticut, Florida, Mississippi, North Carolina, Tennessee, Indiana, Maine, Ohio, New Mexico, Delaware, Kentucky, Nevada, Arkansas, New Hampshire, South Carolina, Massachusetts, Arizona, Georgia and West Virginia with regards to the 2006 PM2.5 National Ambient Air Quality Standards (``NAAQS''). The proposed consent decree establishes deadlines for EPA to take these actions.

On July 15, 2011 (76 FR 41717), EPA published a direct final approval of a revision to the California State Implementation Plan (SIP). This revision concerned South Coast Air Quality Management District (SCAQMD) Rule 1143, Consumer Paint Thinner & Multi-Purpose Solvents and Rule 1144, Metal Working Fluids & Direct-Contact Lubricants. The direct final action was published without prior proposal because EPA anticipated no adverse comment. The direct final rule stated that if adverse comments were received by August 15, 2011, EPA would publish a timely withdrawal in the Federal Register. EPA received timely adverse comments. Consequently, with this revision we are withdrawing the direct final approval of SCAQMD Rules 1143 and 1144. EPA will either address the comments in a subsequent final action based on the parallel proposal also published on July 15, 2011 (76 FR 41745), or repropose an alternative action. As stated in the parallel proposal, EPA will not institute a second comment period on a subsequent final action. Accordingly, the amendment to 40 CFR 52.220 published in the Federal Register on July 15, 2011, (76 FR 41717) which was to become effective on September 13, 2011 is withdrawn.

EPA is announcing a 60-day public comment period and a public listening session for the external review draft human health assessment titled, ``Toxicological Review of 1,4-Dioxane: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/ 635/R-11/003). New studies regarding the toxicity of 1,4-dioxane through the inhalation route of exposure are available that were not included in the 1,4-dioxane assessment that was posted on the IRIS database in 2010 (U.S. EPA, 2010). These studies have been incorporated into the previously posted assessment for review (U.S. EPA, 2010). The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA is releasing this draft assessment solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This draft assessment has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. After public review and comment, an EPA contractor will convene an expert panel for independent external peer review of this draft assessment. The public comment period and external peer review meeting are separate processes that provide opportunities for all interested parties to comment on the assessment. The external peer review meeting will be scheduled at a later date and announced in the Federal Register. Public comments submitted during the public comment period will be provided to the external peer reviewers before the panel meeting and considered by EPA in the disposition of public comments. Public comments received after the public comment period closes will not be submitted to the external peer reviewers and will only be considered by EPA if time permits. The listening session will be held on October 18, 2011, during the public comment period for this draft assessment. The purpose of the listening session is to allow all interested parties to present scientific and technical comments on draft IRIS health assessments to EPA and other interested parties attending the listening session. EPA welcomes the comments that will be provided to the Agency by the listening session participants. The comments will be considered by the Agency as it revises the draft assessment after the independent external peer review. If listening session participants would like EPA to share their comments with the external peer reviewers, they should also submit written comments during the public comment period using the detailed and established procedures described in the SUPPLEMENTARY INFORMATION section of this notice.

This notice announces EPA's receipt of an application 54289- EUP-R from Evonik Degussa Corp., 379 Interpace Parkway, Parsippany, NJ 07054 requesting an experimental use permit (EUP) for Peraclean, treatment of wastewater effluent from oil well fracturing. The Agency has determined that the permit may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.

This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II., pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a January 19, 2011 Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the January 19, 2011 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 180 day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. One comment was received during the 180-day comment period, but did not merit further review of the requests to voluntarily cancel certain pesticide registrations. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

This rule is being issued at this time as required by a court order governing the schedule for completion of this review of the air quality criteria and the national ambient air quality standards (NAAQS) for carbon monoxide (CO). Based on its review, the EPA concludes the current primary standards are requisite to protect public health with an adequate margin of safety, and is retaining those standards. After review of the air quality criteria, EPA further concludes that no secondary standard should be set for CO at this time. EPA is also making changes to the ambient air monitoring requirements for CO, including those related to network design, and is updating, without substantive change, aspects of the Federal reference method.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), and Section 7003(d) of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 9673(d), notice is hereby given of a proposed settlement for recovery of past and projected future response costs concerning the Ely Copper Mine Superfund Site in Vershire, Vermont with the following settling party: Ely Mine Forest, Inc. The proposed settlement requires the settling party to hold all of its remaining cash accounts for purposes of paying certain site-related expenses approved by EPA. In addition, the proposed settlement requires the settling party to: use best efforts to market and sell the site property, allow EPA to remove and use borrow material located on the site property, provide EPA and their contractors access to the site property, and prepare and record any documents necessary to implement institutional controls on the site property. The proposed settlement includes a covenant not to sue the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a) and Section 7003 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 the US EPA Region 1 OSRR Records and Information Center, 5 Post Office Square, Suite 100, Boston, MA 02109. During the public comment period, commenters may request an opportunity for a public meeting in the affected area in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).

This notice, pursuant to section 6(f)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), announces a Notice of Intent to Suspend issued by EPA pursuant to section 3(c)(2)(B) of FIFRA. The Notice of Intent to Suspend was issued following the Agency's issuance of a Data Call-In notice (DCI), which required the registrant of the affected pesticide product containing a certain pesticide active ingredient to take appropriate steps to secure certain data, and following the registrant's failure to submit these data or to take other appropriate steps to secure the required data. The subject data were determined to be required to maintain in effect the existing registration of the affected product. Failure to comply with the data requirements of a DCI is a basis for suspension of the affected registration under section 3(c)(2)(B) of FIFRA.

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 June 24, 2011 and concern oxides of nitrogen (NOx) and particulate matter (PM) emissions from glass melting furnaces. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

An Exposure Modeling Public Meeting (EMPM) will be held for one day on September 20, 2011. This notice announces the location and time for the meeting and sets forth the tentative agenda topics.

EPA is proposing to approve State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The SIP revision pertains to amendments to 25 Pennsylvania Code (Pa. Code) Chapters 121, 129, and 130, relating to control of emissions of volatile organic compounds (VOC) from the manufacture, sale, use, or application of adhesives, sealants, primers, and solvents. The revision also amends related definitions. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA or the Agency) is announcing an extension to the comment period for the proposed rule on the definition of solid waste published in the Federal Register on July 22, 2011. EPA is proposing to revise certain exclusions from the definition of solid waste for hazardous secondary materials intended for reclamation that would otherwise be regulated under subtitle C of the Resource Conservation and Recovery Act. The purpose of these proposed revisions is to ensure that the recycling regulations, as implemented, encourage reclamation in a way that does not result in increased risk to human health and the environment from discarded hazardous secondary material. The comment period is being extended to October 20, 2011.

The EPA published in the Federal Register on August 23, 2011, the proposed rule, ``Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews.'' The EPA is announcing three public hearings to be held for the proposed rule.

EPA is deferring the reporting deadline for data elements that are used by direct emitter reporters as inputs to emission equations under the Mandatory Greenhouse Gas Reporting Rule. The deadline for reporting some of these data elements is deferred to March 31, 2013 and the deadline for reporting others is deferred to March 31, 2015. This final rule does not change any other requirements of the Mandatory Greenhouse Gas Reporting Rule.

EPA is announcing a 60-day public comment period and a public listening session for the external review draft human health assessment titled ``Toxicological Review of Libby Amphibole Asbestos: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-11/002A). The draft assessment was prepared by staff in both EPA's Region 8 Office (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming, and 27 tribal nations), and the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA is releasing the draft assessment for the purposes of public comment and peer review. This draft assessment is not final as described in EPA's Information Quality Guidelines, and it does not represent and should not be construed to represent Agency policy or views. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice. The public comments submitted in accordance with this notice will be made available to the peer review panel. The draft document is also being provided to EPA's Science Advisory Board (SAB), a body established under the Federal Advisory Committee Act, for independent external peer review. The public comment period and the EPA Science Advisory Board (SAB) peer-review, which will be scheduled at a later date and announced in the Federal Register, are separate processes that provide opportunities for all interested parties to comment on the document. EPA is also announcing a listening session to be held on October 6, 2011 during the public comment period for this draft assessment. The purpose of the listening session is to allow all interested parties to present scientific and technical comments on draft IRIS health assessments to EPA and other interested parties attending the listening session. EPA welcomes the scientific and technical comments that will be provided to the Agency by the listening session participants. The comments will be considered by the Agency as it revises the draft assessment after the independent external peer review. If listening session participants would like EPA to share their comments with the external peer reviewers, they should also submit written comments during the public comment period using the detailed and established procedures described in the SUPPLEMENTARY INFORMATION section of this notice.

EPA issued a notice in the Federal Register of Wednesday, July 6, 2011, concerning the availability of the chlorpyrifos registration review; preliminary human health risk assessment. This document extends the comment period for 30 days, from Tuesday, September 6, 2011 to Thursday, October 6, 2011.

This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to Sheena Shipley in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Sheena Shipley has been awarded multiple contracts to perform work for OPP, and access to this information will enable Sheena Shipley to fulfill the obligations of the contract.

EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period July 1, 2010 to June 30, 2011 to control unforeseen pest outbreaks.

The Association of American Pesticide Control Officials (AAPCO)/State, FIFRA Issues Research and Evaluation Group (SFIREG), Pesticide Operations and Management (POM) Working Committee will hold a 2-day meeting, beginning on September 19, 2011, and ending September 20, 2011. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the Pennsylvania Department of the Environmental Protection (PADEP). This SIP revision includes amendments to the Commonwealth of Pennsylvania's regulation 25 Pa. Code Chapter 129 (relating to standards for sources) 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 and metal furniture coatings. These amendments will reduce emissions of volatile organic compound (VOC) emissions from large appliance and metal furniture coating facilities. Therefore, this revision will help the Commonwealth of Pennsylvania 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 proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Kansas on November 9, 2009, that addresses Regional Haze for the first implementation period. In so doing, EPA is proposing to determine that the plan submitted by Kansas satisfies the requirements of the Clean Air Act (CAA or Act), for states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is taking this action pursuant to those provisions of the CAA that obligate the Agency to take action on submittals of SIPs. You may submit written comments on this proposed rule as per the instructions given under the section Instructions for Comment Submittal.

On August 11, 2011, the Regional Administrator for the Environmental Protection Agency, Region 10 (EPA), approved the application by the State of Alaska to revise Alaska's National Pollutant Discharge Elimination System (NPDES) program pursuant to section 402 of the Clean Water Act (CWA or ``the Act''). The revised 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. Phases I-III have been transferred from the EPA to ADEC. In March 2011, ADEC 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. The EPA approved the one year extension for Phase IV. Phase IV will transfer to ADEC four years from the date of program approval, or October 31, 2012. Upon approval of the program revision, the Regional Administrator notified the State and signed the modified Memorandum of Agreement (MOA) between EPA and ADEC. The EPA will suspend issuance of applicable NPDES permits in Alaska in accordance with the extension for transfer of NPDES program authority for Phase IV.

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), oxides of nitrogen (NOx), and particulate matter (PM) emissions from flares. 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.