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

Regional Haze: Revisions to Provisions Governing Alternatives to Source-Specific Best Available Retrofit Technology (BART) Determinations, Limited SIP Approvals, and Federal Implementation Plans
Document Number: 2012-2070
Type: Proposed Rule
Date: 2012-01-31
Agency: Environmental Protection Agency
On December 30, 2011, the EPA published in the Federal Register our proposal to revise rules that pertain to the regional haze program. In the proposal, the EPA stated that public comments were to be submitted by February 13, 2012. In order to ensure that the public has a sufficient time to analyze our proposed rule, the EPA is extending the public comment period until February 28, 2012.
Pesticide Products; Receipt of Applications To Register New Uses
Document Number: 2012-2039
Type: Notice
Date: 2012-01-31
Agency: Environmental Protection Agency
This notice announces receipt of applications to register new uses for pesticide products containing currently registered active ingredients, pursuant to the provisions of section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is publishing this Notice of such applications, pursuant to section 3(c)(4) of FIFRA.
Ace Info Solutions, Inc., and Information International Associates; Transfer of Data
Document Number: 2012-2033
Type: Notice
Date: 2012-01-31
Agency: Environmental Protection Agency
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 Ace Info Solutions, Inc., and its subcontractor, Information International Associates, in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Ace Info Solutions, Inc., and its subcontractor, Information International Associates, have been awarded a contract to perform work for OPP, and access to this information will enable Ace Info Solutions, Inc., and its subcontractor, Information International Associates, to fulfill the obligations of the contract.
Proposed Reissuance of the NPDES General Permits for Oil and Gas Exploration Facilities on the Outer Continental Shelf and Contiguous State Waters in the Beaufort Sea and on the Outer Continental Shelf in the Chukchi Sea
Document Number: 2012-2031
Type: Notice
Date: 2012-01-31
Agency: Environmental Protection Agency
EPA Region 10 proposes to reissue the National Pollutant Discharge Elimination System (NPDES) General Permits for Oil and Gas Exploration Facilities on the Outer Continental Shelf and Contiguous State Waters in the Beaufort Sea (Permit No. AKG-28-2100) and on the Outer Continental Shelf in the Chukchi Sea (Permit No. AKG-28-8100). As proposed, the Beaufort and Chukchi general permits would authorize thirteen types of discharges from facilities engaged in field exploration and drilling activities under the Offshore Subcategory of the Oil and Gas Extraction Point Source Category (40 CFR Part 425, Subpart A), as authorized by Section 402 of the Clean Water Act (CWA or ``the Act''), 33 U.S.C. 1342. State Certification of Beaufort General Permit: Section 401 of the Act, 33 U.S.C. 1341, requires EPA to seek a certification from the State of Alaska that the conditions of the Beaufort general permit are stringent enough to comply with State water quality standards. EPA obtained a draft certification from the Alaska Department of Environmental Conservation (DEC) on January 10, 2012. EPA intends to seek a final certification from DEC prior to issuing the final Beaufort general permit. When the State issues a final certification, it may impose more stringent conditions than what is proposed in the Beaufort general permit 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). This is also notice of the draft CWA Section 401 certification provided by the State of Alaska.
Conference on Air Quality Modeling
Document Number: 2012-2026
Type: Notice
Date: 2012-01-31
Agency: Environmental Protection Agency
The EPA will be hosting the Tenth Conference on Air Quality Modeling on March 13-15, 2012. Section 320 of the Clean Air Act (CAA) requires a conference to be held every 3 years. The purpose of the conference is to provide an overview of the latest features of the agency's preferred air quality models and to provide a forum for public review and comment on how the agency determines and applies air quality models in the future.
Nonconformance Penalties for On-Highway Heavy Heavy-Duty Diesel Engines
Document Number: 2012-1937
Type: Rule
Date: 2012-01-31
Agency: Environmental Protection Agency
EPA is taking final action to make nonconformance penalties (NCPs) available to manufacturers of heavy heavy-duty diesel engines in model years 2012 and 2013 for emissions of oxides of nitrogen (NOX). In general, the availability of NCPs allows a manufacturer of heavy-duty engines (HDEs) whose engines fail to conform to specified applicable emission standards, but do not exceed a designated upper limit, to be issued a certificate of conformity upon payment of a monetary penalty to the United States Government. The upper limit associated with these NCPs is 0.50 grams of NOX per horsepower-hour.
Nonconformance Penalties for On-Highway Heavy-Duty Diesel Engines
Document Number: 2012-1936
Type: Proposed Rule
Date: 2012-01-31
Agency: Environmental Protection Agency
EPA is proposing to make nonconformance penalties (NCPs) available to manufacturers of heavy-duty diesel engines in model years 2012 and later for emissions of oxides of nitrogen (NOx). In general, the availability of NCPs allows a manufacturer of heavy-duty engines (HDEs) whose engines fail to conform to specified applicable emission standards, but do not exceed a designated upper limit, to be issued a certificate of conformity upon payment of a monetary penalty to the United States Government. The proposed upper limit associated with these NCPs is 0.50 grams of NOx per horsepower-hour.
Ecusta Mill Site, Pisgah Forest, Transylvania County, NC; Notice of Amended Settlement
Document Number: 2012-1940
Type: Notice
Date: 2012-01-30
Agency: Environmental Protection Agency
Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has amended a settlement for resolution of past response and future costs concerning the Ecusta Mill Superfund Site located in Pisgah Forest, Transylvania County, North Carolina.
Air Quality Implementation Plans; Kentucky; Attainment Plan for the Kentucky Portion of the Huntington-Ashland 1997 Annual PM2.
Document Number: 2012-1938
Type: Proposed Rule
Date: 2012-01-30
Agency: Environmental Protection Agency
EPA is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), to EPA on December 3, 2008, for the purpose of providing for attainment of the 1997 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) in the Kentucky portion of the Huntington-Ashland, West Virginia-Kentucky-Ohio PM2.5 nonattainment area (hereafter referred to as the ``Huntington-Ashland Area'' or ``Area''). The Huntington-Ashland Area is comprised of Boyd County and a portion of Lawrence County in Kentucky; Cabell and Wayne Counties and a portion of Mason County in West Virginia; and Lawrence and Scioto Counties and portions of Adams and Gallia Counties in Ohio. The Kentucky plan (hereafter referred to as the ``attainment plan'') pertains only to the Kentucky portion of the Huntington-Ashland Area. EPA is now proposing to approve Kentucky's submittal regarding reasonably available control technology (RACT) and reasonably available control measures (RACM); reasonable further progress (RFP); base-year and attainment-year emissions inventories; contingency measures; and, for transportation conformity purposes, an insignificance determination for PM2.5 and nitrogen oxides (NOX) for the mobile source contribution to ambient PM2.5 levels for the Commonwealth's portion of the Huntington-Ashland Area. This action is being taken in accordance with the Clean Air Act (CAA or Act) and the ``Clean Air Fine Particle Implementation Rule,'' hereafter referred to as the ``PM2.5 Implementation Rule,'' issued by EPA on April 25, 2007. The States of West Virginia and Ohio have provided separate SIP revisions with attainment plans for their portions for the Huntington-Ashland Area. EPA will act on those SIP revisions in rulemaking separate from today's rulemaking.
National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources
Document Number: 2012-1610
Type: Proposed Rule
Date: 2012-01-30
Agency: Environmental Protection Agency
On October 29, 2009, the EPA promulgated national emission standards for the control of hazardous air pollutants for nine area source categories in the chemical manufacturing sector: Agricultural Chemicals and Pesticides Manufacturing, Cyclic Crude and Intermediate Production, Industrial Inorganic Chemical Manufacturing, Industrial Organic Chemical Manufacturing, Inorganic Pigments Manufacturing, Miscellaneous Organic Chemical Manufacturing, Plastic Materials and Resins Manufacturing, Pharmaceutical Production and Synthetic Rubber Manufacturing. Following that action, the Administrator received a petition for reconsideration. In response to the petition, the EPA is reconsidering and requesting comment on several provisions of the final rule. The EPA is also proposing certain revisions to its approach for addressing malfunctions and taking comment on those revisions. The EPA is further soliciting comment on the standards applicable during startup and shutdown periods, as set forth in the final rule. Additionally, the EPA is proposing amendments and technical corrections to the final rule to clarify applicability and compliance issues raised by stakeholders subject to the final rule.
Notification of Two Public Teleconferences of the Science Advisory Board Ecological Processes and Effects Committee
Document Number: 2012-1823
Type: Notice
Date: 2012-01-27
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Ecological Processes and Effects Committee (EPEC). The SAB EPEC will provide advice on the EPA Risk Assessment Forum (RAF) document, ``Integrating Ecological Assessment and Decision-Making at EPA, 2011 RAF Ecological Assessment Action Plan (August, 11, 2011).''
Agency Information Collection Activities; Proposed Collection; Comment Request; Reporting Under EPA's Landfill Methane Outreach Program; EPA ICR No. 1849.06
Document Number: 2012-1821
Type: Notice
Date: 2012-01-27
Agency: Environmental Protection Agency
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 04/30/2012. 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.
Cyazofamid; Pesticide Tolerances for Emergency Exemptions
Document Number: 2012-1815
Type: Rule
Date: 2012-01-27
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for residues of cyazofamid in or on basil, fresh and dried. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on basil. This regulation establishes a maximum permissible level for residues of cyazofamid in or on these commodities. The time-limited tolerances expire on December 31, 2014.
Environmental Impacts Statements; Notice of Availability
Document Number: 2012-1814
Type: Notice
Date: 2012-01-27
Agency: Environmental Protection Agency
Agency Information Collection Activities; Proposed Collection; Comment Request; Valuing Improved Water Quality in the Chesapeake Bay Using Stated Preference Methods; EPA ICR No. 2456.01
Document Number: 2012-1809
Type: Notice
Date: 2012-01-27
Agency: Environmental Protection Agency
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). 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.
Proposed Consent Decree, Clean Air Act Citizen Suit
Document Number: 2012-1808
Type: Notice
Date: 2012-01-27
Agency: Environmental Protection Agency
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 Sierra Club and Medical Advocates for Healthy Air (collectively ``Plaintiffs'') in the United States District Court for the Northern District of California: Sierra Club, et al. v. Jackson, No. C11-cv- 03106-JSW (N.D. CA). On June 23, 2011, Plaintiffs filed a complaint alleging that EPA failed to perform a mandatory duty under section 110(k)(2) of the CAA, 42 U.S.C. 7410(k)(2) to take timely final action on the RACT demonstration that was submitted to EPA on June 18, 2009 (``2009 RACT SIP'') by the California Air Resources Board and the San Joaquin Valley Unified Air Pollution Control District (the ``District''), and that EPA found complete on December 11, 2009. The proposed consent decree establishes deadlines for EPA to take action.
Notice of Data Availability Concerning Renewable Fuels Produced From Palm Oil Under the RFS Program
Document Number: 2012-1784
Type: Notice
Date: 2012-01-27
Agency: Environmental Protection Agency
This Notice provides an opportunity to comment on EPA's analyses of palm oil used as a feedstock to produce biodiesel and renewable diesel under the Renewable Fuel Standard (RFS) program. EPA's analysis of the two types of biofuel shows that biodiesel and renewable diesel produced from palm oil have estimated lifecycle greenhouse gas (GHG) emission reductions of 17% and 11% respectively for these biofuels compared to the statutory baseline petroleum-based diesel fuel used in the RFS program. This analysis indicates that both palm oil-based biofuels would fail to qualify as meeting the minimum 20% GHG performance threshold for renewable fuel under the RFS program.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; TSCA Sec. 8(a) Preliminary Assessment Information Rule (PAIR)
Document Number: 2012-1776
Type: Notice
Date: 2012-01-27
Agency: Environmental Protection Agency
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: TSCA Sec. 8(a) Preliminary Assessment Information Rule (PAIR); EPA ICR No. 0586.12, OMB Control No. 2070-0054. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Plating and Polishing Area Sources (Renewal)
Document Number: 2012-1747
Type: Notice
Date: 2012-01-27
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Air Pollution Regulations for Outer Continental Shelf (OCS) Activities (Renewal)
Document Number: 2012-1746
Type: Notice
Date: 2012-01-27
Agency: Environmental Protection Agency
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. This ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Facility Ground-Water Monitoring Requirements (Renewal)
Document Number: 2012-1745
Type: Notice
Date: 2012-01-27
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Air Quality Implementation Plans; Illinois; Regional Haze
Document Number: 2012-1606
Type: Proposed Rule
Date: 2012-01-26
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Illinois State Implementation Plan (SIP) addressing regional haze for the first implementation period. Illinois submitted its regional haze plan on June 24, 2011. The Illinois regional haze plan addresses Clean Air Act (CAA) section 169B and Regional Haze Rule requirements for states to remedy any existing and prevent future anthropogenic impairment of visibility at mandatory Class I areas. EPA is also proposing to approve two state rules and incorporating two permits into the SIP.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Regional Haze
Document Number: 2012-1604
Type: Proposed Rule
Date: 2012-01-26
Agency: Environmental Protection Agency
EPA is proposing a limited approval of revisions to the Indiana State Implementation Plan (SIP) addressing regional haze for the first implementation period. Indiana submitted its regional haze plan on January 14, 2011, and supplemented it on March 10, 2011. The Indiana regional haze plan addresses the requirements of the Clean Air Act (CAA or Act) and Regional Haze Rule (RHR) requirements for states to remedy any existing and prevent future anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources 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 proposing a limited approval of these SIP revisions to implement the regional haze requirements for Indiana on the basis that the revisions, as a whole, strengthen the Indiana SIP. In a separate action, EPA has previously proposed a limited disapproval of the Indiana regional haze SIP because of the deficiencies in Indiana's regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) to EPA of the Clean Air Interstate Rule (CAIR). Consequently, we are not proposing to take action in this notice to address the state's reliance on CAIR to meet certain regional haze requirements.
Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Infrastructure Requirements for 1997 8-Hour Ozone and the 1997 and 2006 PM2.5
Document Number: 2012-1534
Type: Rule
Date: 2012-01-26
Agency: Environmental Protection Agency
EPA is approving submittals from the State of Oklahoma pursuant to the Clean Air Act (CAA or the Act) that address the infrastructure elements specified in the CAA, necessary to implement, maintain, and enforce the 1997 8-hour ozone and the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or standards). This action is being taken under the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Regional Haze State Implementation Plan
Document Number: 2012-1512
Type: Proposed Rule
Date: 2012-01-26
Agency: Environmental Protection Agency
EPA is proposing limited approval of a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP) on December 20, 2010 that addresses regional haze for the first implementation period. This revision addresses the requirements of the Clean Air Act (CAA) and EPA's rules that require states to prevent any future, and remedy any existing, anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources 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 proposing a limited approval of this SIP revision to implement the regional haze requirements for Pennsylvania on the basis that the revisions, as a whole, strengthen the Pennsylvania SIP. EPA is also proposing to approve this revision as meeting the infrastructure requirements relating to visibility protection for the 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) and the 1997 and 2006 fine particulate matter (PM2.5) NAAQS. In a separate action, EPA has previously proposed a limited disapproval of the Pennsylvania regional haze SIP because of deficiencies in the Commonwealth's regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (DC Circuit) to EPA of the Clean Air Interstate Rule (CAIR), see 76 FR 82219, December 30, 2011. Consequently, we are not taking action in this notice to address the Commonwealth's reliance on CAIR to meet certain regional haze requirements.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Consumer and Commercial Products
Document Number: 2012-1339
Type: Rule
Date: 2012-01-26
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The SIP revision adds a new chapter (9VAC5-45Consumer and Commercial Products) in order to control volatile organic compounds (VOC) from portable fuel containers, consumer products, architectural and industrial (AIM) coatings, adhesives and sealants, and asphalt paving operations within the Northern Virginia and Fredericksburg VOC Emissions Control Areas. The SIP revision also includes new and revised documents incorporated by reference into the Virginia regulations (9VAC5-20-21Documents Incorporated by Reference) in order to support the new and revised regulations. This action is being taken under the Clean Air Act (CAA).
Proposed Significant New Use Rules on Certain Chemical Substances; Extension of Comment Period
Document Number: 2012-1520
Type: Proposed Rule
Date: 2012-01-25
Agency: Environmental Protection Agency
EPA issued a proposed rule in the Federal Register of December 28, 2011, concerning proposed significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substances rutile, tin zinc, calcium-doped (CAS No. 389623-01- 2) and rutile, tin zinc, sodium-doped (CAS No. 389623-07-8) which were the subject of premanufacture notices (PMNs P-06-36 and P-06-37) and TSCA section 5(e) consent orders issued by EPA. In order to address public comments, EPA is extending the comment period. This document extends the comment period for 30 days, from January 27, 2012 to February 26, 2012.
Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Regional Haze
Document Number: 2012-1519
Type: Proposed Rule
Date: 2012-01-25
Agency: Environmental Protection Agency
EPA is proposing to approve the Minnesota State Implementation Plan addressing regional haze for the first implementation period. Minnesota submitted its regional haze plan on December 30, 2009. A supplemental submission was made on January 5, 2012. The Minnesota regional haze plan addresses Clean Air Act (CAA) and Regional Haze Rule (RHR) requirements to remedy any existing and prevent future anthropogenic visibility impairment at mandatory Class I areas. We are proposing fully to approve the Minnesota regional haze plan if Minnesota submits its proposed Best Available Retrofit Technology (BART) emission limits for taconite facilities in fully adopted form prior to our final action under this proposal, or to conditionally approve the plan if Minnesota has not done so.
Determination of Failure To Attain the One-Hour Ozone Standard by 2007, Determination of Current Attainment of the One Hour Ozone Standard, Determinations of Attainment of the Eight-Hour Ozone Standards for the New York-Northern New Jersey-Long Island Nonattainment Area in Connecticut, New Jersey and New York
Document Number: 2012-1518
Type: Proposed Rule
Date: 2012-01-25
Agency: Environmental Protection Agency
EPA is proposing four separate and independent determinations related to the New York-Northern New Jersey-Long Island (NY-NJ-CT) one- hour and 1997 eight-hour ozone nonattainment areas. The boundaries of the one-hour and eight-hour ozone nonattainment areas differ slightly. If EPA's determination that the area is currently attaining the eight- hour standard is finalized, EPA's ozone implementation regulation provides that the requirements for the States to submit certain reasonable further progress plans, attainment demonstrations, contingency measures and any other planning requirements of the Clean Air Act related to attainment of that ozone standard shall be suspended for as long as the area continues to attain the standard. A determination of attainment does not constitute a redesignation to attainment. Redesignation requires the states to meet a number of additional criteria, including EPA approval of a state plan to maintain the air quality standard for ten years after redesignation.
Draft Research Report: Investigation of Ground Water Contamination near Pavillion, WY
Document Number: 2012-1517
Type: Notice
Date: 2012-01-25
Agency: Environmental Protection Agency
EPA is announcing a 45-day extension to the public comment period for the external review of the draft research report titled, ``Investigation of Ground Water Contamination near Pavillion, Wyoming'' (FRL-9506-7; 76 FR 77829). The draft research report was prepared by the National Risk Management Research Laboratory, within the EPA Office of Research and Development, and EPA Region 8. This draft research report is not final as described in EPA's Information Quality Guidelines, and does not represent and should not be construed to represent Agency policy or views. Eastern Research Group, Inc., an EPA contractor for external peer review, will convene an independent panel of experts for peer review of this draft research report. Public comments submitted during the public comment period will be made available to the peer review panel for consideration in their review. An external peer review meeting will take place following the public comment period. An additional Federal Register notice will be published about one month prior to the meeting to provide the meeting date, location, and registration information. Additional details about the peer review process can be found at: https://cfpub.epa.gov/si/si publicpraview.cfm?dirEntryID=240345.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Regional Haze
Document Number: 2012-1514
Type: Proposed Rule
Date: 2012-01-25
Agency: Environmental Protection Agency
EPA is proposing a limited approval of revisions to the Ohio State Implementation Plan (SIP) addressing regional haze for the first implementation period. Ohio submitted its regional haze plan on March 11, 2011. The Ohio regional haze plan addresses Clean Air Act (CAA) and Regional Haze Rule (RHR) requirements for states to remedy any existing and prevent future anthropogenic impairment of visibility at mandatory Class I areas caused by emissions of air pollutants from numerous sources 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 proposing a limited approval of these SIP revisions to implement the regional haze requirements for Ohio on the basis that the revisions, as a whole, strengthen the Ohio SIP. In a separate action, EPA has previously proposed a limited disapproval of the Ohio regional haze SIP because of deficiencies in the state's regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (DC Circuit) to EPA of the Clean Air Interstate Rule (CAIR). Consequently, we are not taking action in this notice to address the state's reliance on CAIR to meet certain regional haze requirements.
Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Virginia; Regional Haze State Implementation Plan
Document Number: 2012-1510
Type: Proposed Rule
Date: 2012-01-25
Agency: Environmental Protection Agency
EPA is proposing a limited approval and a limited disapproval of six revisions to the Virginia State Implementation Plan (SIP) submitted by the Commonwealth of Virginia, through the Department of Environmental Quality (VADEQ), that address regional haze for the first implementation period. These revisions address the requirements of the Clean Air Act (CAA or Act) and EPA's rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas (national parks and wilderness areas) caused by emissions of air pollutants from numerous sources 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 proposing a limited approval of these SIP revisions to implement the regional haze requirements for Virginia on the basis that the revisions, as a whole, strengthen the Virginia SIP. Also in this action, EPA is proposing a limited disapproval of these same SIP revisions because of the deficiencies in the Commonwealth's regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (DC Circuit) to EPA of the Clean Air Interstate Rule (CAIR). EPA is also proposing to approve this revision as meeting the infrastructure requirements relating to visibility protection for the 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) and the 1997 and 2006 fine particulate matter (PM2.5) NAAQS.
Notice of Issuance of Final Outer Continental Shelf Air Permit for Shell Offshore, Inc.
Document Number: 2012-1506
Type: Notice
Date: 2012-01-25
Agency: Environmental Protection Agency
This notice is to announce that on November 30, 2011, EPA issued a final Outer Continental Shelf (OCS) air permit for Shell Offshore, Inc. (Shell). This permit became effective on December 30, 2011. The permit will regulate air pollutant emissions from one of three deepwater drilling vessels (the Transocean Deepwater Nautilus, the Noble Bully I or the Noble Bully II) and support vessels to conduct exploratory drilling for up to 150 days per year over five to ten years in multiple locations within Shell's DeSoto Canyon and Lloyd Ridge lease locations on the OCS in the Gulf of Mexico, approximately 160 miles southeast of the mouth of the Mississippi River and greater than 200 miles southwest of Panama City, Florida.
Approval and Promulgation of Implementation Plans; North Carolina: Approval of Section 110(a)(1) Maintenance Plan for the Greensboro-Winston-Salem-High Point 1-Hour Ozone Maintenance Area to Maintain the 1997 8-Hour Ozone Standards
Document Number: 2012-1360
Type: Rule
Date: 2012-01-25
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the North Carolina State Implementation Plan (SIP), submitted to EPA on April 13, 2011, with supplemental information submitted on May 18, 2011, by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NCDENR), through the Department of Air Quality. The revisions propose to modify North Carolina's SIP to address the required maintenance plan for the 1997 8- hour ozone national ambient air quality standards (NAAQS) for the Greensboro-Winston-Salem-High Point, North Carolina 1-hour ozone maintenance area, hereafter referred to as ``the Triad Area.'' The Triad Area is comprised of Davidson, Forsyth, and Guilford and a portion of Davie County. This maintenance plan was submitted to ensure the continued attainment of the 1997 8-hour ozone NAAQS through the year 2018 in the Triad Area. EPA is approving these SIP revisions pursuant to section 110 of the Clean Air Act (CAA or Act). The submitted maintenance plan meets all of the statutory and regulatory requirements, and is consistent with EPA's guidance.
Approval and Promulgation of Implementation Plans; North Carolina: Approval of Section 110(a)(1) Maintenance Plan for the Greensboro-Winston-Salem-High Point 1-Hour Ozone Maintenance Area To Maintain the 1997 8-Hour Ozone Standards
Document Number: 2012-1358
Type: Proposed Rule
Date: 2012-01-25
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the North Carolina State Implementation Plan (SIP), submitted to EPA on April 13, 2011, with supplemental information submitted on May 18, 2011, by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources, through the Department of Air Quality. The revisions propose to modify North Carolina's SIP to address the required maintenance plan for the 1997 8-hour ozone national ambient air quality standards (NAAQS) for the Greensboro-Winston-Salem-High Point, North Carolina 1-hour ozone maintenance area, hereafter referred to as ``the Triad Area.'' The Triad Area is comprised of Davidson, Forsyth, and Guilford and a portion of Davie County. This maintenance plan was submitted to ensure the continued attainment of the 1997 8- hour ozone NAAQS through the year 2018 in the Triad Area. EPA is approving these SIP revisions pursuant to section 110 of the Clean Air Act. The submitted maintenance plan meets all of the statutory and regulatory requirements, and is consistent with EPA's guidance.
Rimsulfuron; Pesticide Tolerances
Document Number: 2012-1258
Type: Rule
Date: 2012-01-25
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of rimsulfuron in or on the caneberry subgroup 13-07A and the bushberry subgroup 13-07B. Interregional Research Project No. 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Etoxazole; Pesticide Tolerances
Document Number: 2012-1254
Type: Rule
Date: 2012-01-25
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of etoxazole in or on field corn and popcorn. Valent U.S.A. Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Agency Information Collection Activities; Proposed Collection; Comment Request
Document Number: 2012-1235
Type: Notice
Date: 2012-01-25
Agency: Environmental Protection Agency
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, titled: ``Partial Update of the TSCA Section 8(b) Inventory Data Base, Production and Site Reports'' and identified by EPA ICR No. 1884.07 and OMB Control No. 2070-0162, is scheduled to expire on September 30, 2012. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.
Agency Information Collection Activities; Proposed Collection; Comment Request
Document Number: 2012-1221
Type: Notice
Date: 2012-01-25
Agency: Environmental Protection Agency
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, entitled: ``Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies Reports'' and identified by EPA ICR No. 0575.13 and OMB Control No. 2070-0004, is scheduled to expire on October 31, 2012. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.
National Advisory Council for Environmental Policy and Technology
Document Number: 2012-1527
Type: Notice
Date: 2012-01-24
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public teleconference 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 teleconference is for NACEPT to discuss and approve draft advice letters addressing two topics: (1) The need for technologies that can help address environmental problems experienced by environmental justice communities and other vulnerable populations, and (2) leadership development and organizational transformation at EPA. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ ofacmo/nacept/cal-nacept.htm.
Agency Information Collection Activities; Proposed Collection; Comment Request; NESHAP for Radionuclides (Renewal); EPA ICR No. 1100.14
Document Number: 2012-1364
Type: Notice
Date: 2012-01-24
Agency: Environmental Protection Agency
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 July 31, 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.
National Environmental Justice Advisory Council; Notification of Public Teleconference Meeting and Public Comment
Document Number: 2012-1363
Type: Notice
Date: 2012-01-24
Agency: Environmental Protection Agency
Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will host a public teleconference meeting on Friday, January 27, 2012, from 1 p.m. to 3 p.m. Eastern Time. The primary topics of discussion will be: (1) Following up on action items from the October 2011 NEJAC public meeting, (2) providing an update on NEJAC membership solicitation, and (3) saying farewell to retiring NEJAC members. This meeting is open to the public. There will be a public comment period from 2:30 p.m. to 3 p.m. Eastern Time. Members of the public are encouraged to provide comments relevant to the topics of the meeting. For additional information about registering to attend the meeting or to provide public comment, please see the ``Registration'' and SUPPLEMENTARY INFORMATION sections below. Due to a limited number of telephone lines, attendance will be on a first-come, first served basis. There is no fee to attend, but pre-registration is required. Registration for the teleconference meeting closes at 11 a.m. Eastern Time on Monday, January 23, 2012. The deadline to sign-up for public comment, or to submit written public comments, is also Monday, January 23, 2012.
Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Determination of Attainment of the One-Hour Ozone Standard for the Springfield (Western Massachusetts) Nonattainment Area
Document Number: 2012-1356
Type: Proposed Rule
Date: 2012-01-24
Agency: Environmental Protection Agency
The EPA is proposing to determine that the Springfield (Western Massachusetts), serious one-hour ozone nonattainment area did not meet the applicable deadline of December 31, 2003 for attaining the one-hour National Ambient Air Quality Standard (NAAQS) for ozone. This proposed determination is based upon complete, certified, quality- assured ambient air quality monitoring data for the 2001-2003 monitoring period showing that the area had an expected ozone exceedance rate above the level of the now revoked one-hour ozone NAAQS during that period. Separate from and independent of this proposed determination, EPA is also proposing to determine that the Springfield (Western Massachusetts) serious one-hour ozone nonattainment area currently attains the now revoked one-hour NAAQS for ozone, based upon complete, quality-assured, certified ambient air monitoring data for the 2007-2009 and 2008-2010 monitoring periods. Preliminary one-hour ozone data available for 2011 also show the area continues to meet the one-hour NAAQS for ozone. If EPA finalizes its determination that the area is currently attaining the one-hour standard, the obligation to submit one-hour ozone contingency measures will be suspended. EPA is proposing these determinations under the Clean Air Act.
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; State of West Virginia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Plan Revision
Document Number: 2012-1338
Type: Proposed Rule
Date: 2012-01-24
Agency: Environmental Protection Agency
EPA proposes to approve a revision to the West Virginia hospital/medical/infectious waste incinerator (HMIWI) Section 111(d)/ 129 plan (the ``plan''). The revision contains a modified state rule for solid waste combustion that was updated as a result of the October 6, 2009 amendments to federal Emission Guidelines (EG) and New Source Performance Standards (NSPS), 40 CFR part 60, subparts Ce and Ec respectively. This revision and approval action relate only to HMIWI units. In the Final Rules section of this Federal Register, EPA is approving the State of West Virginia's HMIWI plan revision submittal 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. 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.
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants, State of West Virginia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Plan Revision
Document Number: 2012-1336
Type: Rule
Date: 2012-01-24
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the West Virginia hospital/medical/infectious waste incinerator (HMIWI) Section 111(d)/129 plan (the ``plan''). The revision contains a modified state rule for solid waste combustion that was updated as a result of the October 6, 2009 amendments to Federal Emission Guidelines (EG) and New Source Performance Standards (NSPS), 40 CFR part 60, subparts Ce and Ec respectively. While West Virginia's revised regulation contains requirements for various types of solid waste incineration units, the revisions and approval action relate only to HMIWI units.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Clean Vehicles Program
Document Number: 2012-1300
Type: Rule
Date: 2012-01-24
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision contains Pennsylvania's Clean Vehicle Program, which adopts California's second generation low emission vehicle program for light- duty vehicles (LEV II). The Clean Air Act (CAA) contains specific authority allowing any state to adopt new motor vehicle emissions standards that are identical to California's standards in lieu of applicable Federal standards. Pennsylvania has adopted a Clean Vehicle Program that incorporates by reference provisions of California's LEV II rules and specifies a transition mechanism for compliance with these clean vehicle standards in Pennsylvania. EPA is approving this SIP revision, in accordance with the requirements of the CAA, which will help Pennsylvania to achieve and maintain attainment of the National Ambient Air Quality Standard (NAAQS) for ozone.
New Mexico: Final Authorization of State-Initiated Changes and Incorporation-by-Reference of State Hazardous Waste Management Program
Document Number: 2012-999
Type: Rule
Date: 2012-01-23
Agency: Environmental Protection Agency
During a review of New Mexico's regulations, the EPA identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this Direct Final action. The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of New Mexico's hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.
New Mexico: Incorporation by Reference of State Hazardous Waste Management Program
Document Number: 2012-998
Type: Proposed Rule
Date: 2012-01-23
Agency: Environmental Protection Agency
The EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs,'' New Mexico's authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the Resource Conversation and Recovery Act (RCRA). In the ``Rules and Regulations'' section of this Federal Register, the EPA is codifying and incorporating by reference the State's hazardous waste program as an immediate final rule. The EPA did not make a proposal prior to the immediate final rule because we believe these actions are not controversial and do not expect comments that oppose them. We have explained the reasons for this codification and incorporation by reference in the preamble to the immediate final rule. Unless we get written comments which oppose this incorporation by reference during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose these actions, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to the Control of Nitrogen Oxides Emissions From Industrial Boilers and Process Heaters at Petroleum Refineries
Document Number: 2012-1225
Type: Proposed Rule
Date: 2012-01-23
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision amends Delaware's regulation that establishes controls for nitrogen oxides (NOX) emissions from industrial boilers and process heaters at petroleum refineries by including a NOX emission limit for the fluid catalytic cracking unit carbon monoxide (CO) boiler at the Delaware City Refinery and providing for a facility-wide NOx emission cap compliance alternative. This SIP revision also includes a demonstration that these amendments to the existing Delaware regulation will not interfere with the attainment or maintenance of any National Ambient Air Quality Standards (NAAQS) or any other applicable requirement of the Clean Air Act (CAA). This action is being taken under the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Determination of Attainment of the 1997 Ozone Standard for the Western Massachusetts Nonattainment Area
Document Number: 2012-1223
Type: Proposed Rule
Date: 2012-01-23
Agency: Environmental Protection Agency
The EPA is proposing two separate and independent determinations regarding the Springfield (Western Massachusetts) moderate 1997 8-hour ozone nonattainment area. First, EPA is proposing to determine that the Western Massachusetts nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone, based upon complete, quality-assured, certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007-2009 and 2008-2010 monitoring periods. Preliminary data for 2011 indicate the area continues to attain the standard. If this proposed determination is made final, under the provisions of EPA's ozone implementation rule, the requirements for this area to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans related to attainment of the 1997 8-hour ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS. Second, based on complete, quality-assured and certified air monitoring data for 2007-2009, EPA is proposing to determine that the Western Massachusetts nonattainment area also attained the 1997 ozone NAAQS as of June 15, 2010, its applicable attainment date.
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