Environmental Protection Agency January 2012 – Federal Register Recent Federal Regulation Documents

The EPA published in the Federal Register on November 25, 2011, the proposed rules, ``National Emission Standards for Hazardous Air Pollutants: Mineral Wool Production and Wool Fiberglass Manufacturing.'' The EPA was asked to hold a public hearing only on the wool fiberglass manufacturing proposed rule, and on December 20, 2011, published a notice announcing the hearing and extending the comment period for only the wool fiberglass manufacturing proposed rule (76 FR 78872). The comment period for the mineral wool production proposed rule was not extended because no public hearing was requested and no requests for an extension of the comment period were received. It has come to our attention that confusion arose from the result of having two different comment periods for the two proposed rules in the same action. Therefore, the EPA is extending the public comment period for the mineral wool production proposed rule for 10 days from January 24, 2012 to February 3, 2012, so that comments on both rules in this action are due on the same date.

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 (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 make two determinations regarding the Philadelphia-Wilmington fine particle (PM2.5) nonattainment area (the Philadelphia Area). EPA is proposing to make a determination that the Philadelphia Area has attained the 1997 annual PM2.5 national ambient air quality standard (NAAQS) by its attainment date of April 5, 2010. EPA is also proposing to make a clean data determination, finding that the Philadelphia Area has attained the 1997 PM2.5 NAAQS, based on ambient air monitoring data for the 2007-2009 and 2008-2010 monitoring periods. In the Final Rules section of this Federal Register, EPA is making these determinations as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule and in the Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document. 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.

EPA issued a final rule in the Federal Register of January 6, 2012, concerning the establishment of an exemption from the requirement of a tolerance for residues of Bacillus amyloliquefaciens strain D747 (formerly known as Bacillus subtilis variant amyloliquefaciens strain D747). This document is being issued to correct the typographical error in the codified section number.

EPA is proposing to determine that the Harrisburg-Lebanon- Carlisle-York, Allentown, Johnstown, and Lancaster nonattainment areas (hereafter referred to as ``Areas'') for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) have clean data for the 2006 24-hour PM2.5 NAAQS. These proposed determinations are based upon quality-assured, quality-controlled, and certified ambient air monitoring data showing that these areas have monitored attainment of the 2006 PM2.5 NAAQS based on the 2008-2010 data available in EPA's Air Quality System (AQS) database. If these proposed determinations are made final, the requirements for these Areas to submit an attainment demonstration, associated reasonably available control measures (RACM), a reasonable further progress plan (RFP), contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the standard shall be suspended for so long as these Areas continue to meet the 2006 24-hour PM2.5 NAAQS. This action is being taken under the Clean Air Act (CAA).

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 past response costs concerning the Constitution Road Drum Superfund Site located in Atlanta, Dekalb County, Georgia.

The Environmental Protection Agency (EPA) Region 4 announces the deletion of the Martin-Marietta/Sodyeco Superfund Site (Site) located at 11701 Mount Holly Road in Charlotte, North Carolina, 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). The EPA and the State of North Carolina, through the Department of Environment and Natural Resources (DENR), have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

In compliance with the Paperwork Reduction Act (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 collection and the estimated burden and cost.

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT members represent academia, industry, non-governmental organizations, and local, state, and tribal governments. The purpose of this meeting is to begin developing recommendations to the Administrator regarding actions that EPA can take in response to the National Academy of Sciences Report on ``Incorporating Sustainability in the U.S. Environmental Protection Agency.'' A copy of the agenda for the meeting will be posted at http:/ /www.epa.gov/ofacmo/nacept/cal-nacept.htm.

The EPA is announcing that the period for providing public comments on the December 6, 2011, proposed rule titled, ``National Emission Standards for Hazardous Air Pollutants: Primary Aluminum Reduction Plants'' is being extended for 12 days.

EPA is finalizing 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). This action was proposed in the Federal Register on September 6, 2011 and concerns oxides of nitrogen (NOX) emissions from biomass fuel-fired boilers. Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), this action simultaneously approves a local rule that regulates these emission sources and directs California to correct rule deficiencies.

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 the Office of Management and Budget (OMB) to renew an existing approved Information Collection Request (ICR) concerning NESHAPs for hazardous waste combustors. This ICR is scheduled to expire on June 30, 2012. 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.

EPA is proposing to simplify an existing provision in our marine diesel engine program that is intended to encourage owners of Great Lakes steamships to repower those steamships with cleaner marine diesel engines. The simplified program would automatically permit the use of residual fuel, through December 31, 2025, in a steamship if it has been repowered with a certified Tier 2 or later marine diesel engine, provided the steamship was operated exclusively on the Great Lakes and was in service on October 30, 2009. Steamships are powered by old, inefficient steam boilers. Voluntary replacement of these boilers with modern fuel-efficient marine diesel engines would result in reductions of particulate matter and sulfur oxides, even while the replacement diesel engines are operated on higher sulfur residual fuel, and would provide human health and welfare benefits for the people who live in the Great Lakes region. Conversion to new diesel engines would also result in considerable carbon dioxide reductions and fuel savings. In the ``Rules and Regulations'' section of this Federal Register, we are making this modification to the Great Lakes steamship incentive program as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

EPA is proposing to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) and Imperial County Air Pollution Control District (ICAPCD) portions of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from stationary gas turbines. 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).

The Small Communities Advisory Subcommittee (SCAS) will meet via teleconference on Monday, February 6, 2012, 1 p.m.-2 p.m. (ET). The Subcommittee will discuss sustainable communities, drinking water regulations and other issues and recommendations to the Administrator regarding environmental issues affecting small communities. This is an open meeting and all interested persons are invited to participate. The Subcommittee will hear comments from the public between 1:40 p.m.-2 p.m. on Monday, February 6, 2012. Individuals or organizations wishing to address the Committee will be allowed a maximum of five minutes to present their point of view. Also, written comments should be submitted electronically to davis.catherinem@epa.gov. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule a time on the agenda. Time will be allotted on a first-come first-serve basis, and the total period for comments may be extended if the number of requests for appearances requires it. The Local Government Advisory Committee (LGAC) will meet via teleconference on Monday, February 6, 2012, 2 p.m.-3 p.m. (ET). The Committee will discuss the recommendations of the LGAC Workgroups and the SCAS. This is an open meeting and all interested persons are invited to participate. The Committee will hear comments from the public between 2:40 p.m.-3 p.m. (ET) on Monday, February 6, 2012. Individuals or organizations wishing to address the Committee will be allowed a maximum of five minutes to present their point of view. Also, written comments should be submitted electronically to eargle.frances@epa.gov. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule a time on the agenda. Time will be allotted on a first-come first-serve basis, and the total period for comments may be extended if the number of requests for appearances requires it. Dates and Addresses: The Small Communities Advisory Subcommittee meeting will be held by teleconference on Monday, February 6, 2012, 1 p.m.-2 p.m. (ET). The Local Government Advisory Committee meeting will be held by teleconference on Monday, February 6, 2012, 2 p.m.-3 p.m. (ET). Meeting summaries will be available after the meetings online at https://www.epa.gov/ocir/scas and can be obtained by written request to the DFO.

In compliance with the Paperwork Reduction Act (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 collection and the estimated burden and cost.

EPA is promulgating a final rule to incorporate the most recent versions of ASTM International (ASTM) standards into EPA regulations that provide flexibility to use alternatives to mercury- containing industrial thermometers. This final rule will allow the use of such alternatives in certain field and laboratory applications previously impermissible as part of compliance with EPA regulations. EPA believes the older embedded ASTM standards unnecessarily impede the use of effective, comparable, and available alternatives to mercury- containing industrial thermometers. Due to mercury's high toxicity, EPA seeks to reduce potential mercury exposures to humans and the environment by reducing the overall use of mercury-containing products, including mercury-containing industrial thermometers.

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 September 14, 2011 and concern volatile organic compound (VOC) emissions from confined animal facilities (CAFs) and biosolids, animal manure, and poultry litter operations. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Environmental Protection Agency's (EPA) Office of Pesticide Programs, Field and External Affairs Division, is giving notice that it proposes to amend an existing system of records that contains personally identifiable information (PII) which is collected in the process of certifying individuals to apply restricted use pesticides (RUPs) as private or commercial applicators. This amendment gives notice that the Agency plans to make the name of the applicator and information pertaining to the certification granted by EPA publicly available on an EPA Web site.

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 for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is entitled: ``EPA's Design for the Environment (DfE) Partner of the Year Awards Program'' and is identified by EPA ICR No. 2450.01 and OMB Control No. 2070-new. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Colorado on August 8, 2006. The August 8, 2006 revision updates Regulation Number 11, ``Motor Vehicle Emissions Inspection Program,'' by removing the light duty vehicle emission testing limits that went into effect on January 1, 2006 for 1996 and newer model year vehicles. This action is being taken under section 110 of the Clean Air Act.

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) for the Clean Air Interstate Rule (CAIR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on February 29, 2012. 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.

In this action, we are proposing to approve South Coast Air Quality Management District (SCAQMD) Rule 317, ``Clean Air Act Non- Attainment Fee,'' as a revision to SCAQMD's portion of the California State Implementation Plan (SIP). Rule 317 is a local rule submitted to address section 185 of the Clean Air Act (CAA or Act). We are proposing that Rule 317, an equivalent alternative 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 equivalent alternative programs, and, if so, whether Rule 317 would constitute an approvable equivalent alternative program. We are taking comments on these proposals and plan to follow with a final action.