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

The EPA is extending the comment period for the proposed rule titled, ``Quality Assurance Requirements for Continuous Opacity Monitoring Systems at Stationary Sources'' that was published in the Federal Register on February 14, 2012. The proposed rule accompanied the direct final rule that was also published on February 14, 2012. The 30-day comment period in the proposed rule is scheduled to end on March 15, 2012. The extended comment period will close on April 30, 2012. The EPA is extending the comment period because of a request we received in a timely manner.

This proposal concerns the third step (Step 3) in the EPA's Tailoring Rule. We are proposing to maintain the applicability thresholds for greenhouse gas (GHG)-emitting sources at the current levels. We are also proposing two streamlining approaches, which will improve the administration of GHG Prevention of Significant Deterioration (PSD) and title V permitting programs. The first proposal addresses the implementation of GHG plantwide applicability limitations (PALs). We propose to allow permitting authorities to issue GHG PALs on either a mass-basis (tpy) or a carbon dioxide equivalent (CO2e)-basis and to allow PALs to be used as an alternative approach for determining whether a project is a major modification and whether GHG emissions are subject to regulation. The second proposal would create the regulatory authority for the EPA to issue synthetic minor limitations for GHGs in areas subject to a GHG PSD Federal Implementation Plan (FIP). We also discuss our progress in evaluating the suitability of other streamlining approaches and solicit further comment.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Mobile Sources Technical Review Subcommittee (MSTRS) will meet in April 2012. The MSTRS is a subcommittee under the Clean Air Act Advisory Committee. This is an open meeting. The meeting will include discussion of current topics and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. The preliminary agenda for the meeting and any notices about change in venue will be posted on the Subcommittee's Web site: https://www.epa.gov/air/caaac/mobile_ sources.html. MSTRS listserver subscribers will receive notification when the agenda is available on the Subcommittee Web site. To subscribe to the MSTRS listserver, send a blank email to lists- mstrs@lists.epa.gov.

The State of Texas has applied to the EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. The EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments which oppose this authorization during the comment period, the decision to authorize Texas' changes to its hazardous waste program will take effect. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.

Facilities that currently report Toxics Release Inventory (TRI) data to the U.S. Environmental Protection Agency (EPA) use either paper reporting forms or the online reporting software application known as the Toxics Release Inventory-Made Easy Web or simply TRI- MEweb. Effective January 1, 2013, EPA proposes to require facilities to report non-confidential TRI data to EPA using electronic software provided by the Agency. The only exception to this electronic reporting requirement would be for the few facilities that submit trade secret TRI information (including sanitized and unsanitized information), who would continue to submit their trade secret reporting forms and substantiation forms in hard copy. As of Reporting Year (RY) 2010, approximately 95 percent of TRI reporting facilities were using TRI- MEweb, making it possible for the Agency to process and expedite the release of TRI data to the public. Under this rulemaking, EPA would also require facilities to submit electronically (i.e., not on paper forms or CD-ROMs) any revisions or withdrawals of previously submitted TRI data. For trade secret submissions, EPA would still accept revisions or withdrawals of previously submitted trade secret information on paper forms.

Notice is hereby given in accordance with the provision of section 1413 of the Safe Drinking Water Act, as amended, and the requirements governing the National Primary Drinking Water Regulations Implementation, 40 CFR part 142, that the Commonwealth of Virginia is revising its approved Public Water System Supervision Program. The Commonwealth has adopted the Long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfectants and Disinfection Byproducts Rule which will provide for better public health protection by reducing potential cancer and reproductive and developmental health risks from disinfection byproducts in drinking water and by reducing illness linked with Cryptosporidium and other pathogenic microorganisms in drinking water. EPA has determined that these revisions are no less stringent than the corresponding Federal regulations. EPA is taking action to tentatively approve these program revisions. All interested parties are invited to submit written comments on this determination and may request a public hearing.

EPA published a direct final rule on January 5, 2012 to amend the Renewable Fuel Standard program regulations. Because EPA received adverse comment, we are withdrawing the direct final rule.

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 August 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.

EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory, portion of the State Implementation Plan (SIP) revision submitted by the State of Georgia on August 17, 2009. The emissions inventory is part of the Macon, Georgia PM2.5 attainment demonstration that was submitted for the 1997 annual PM2.5 National Ambient Air Quality Standards. This action is being taken pursuant to section 110 of the Clean Air Act. In the Rules Section of this Federal Register, EPA is approving Georgia's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments.

This regulation establishes tolerances for residues of trinexapac-ethyl in or on multiple commodities which are identified and discussed later in this document. Syngenta Crop Protection, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes a tolerance for residues of trifloxystrobin in or on coffee, green bean. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

In accordance with the provisions of section 1413 of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300g-2, and 40 CFR 142.13, public notice is hereby given that the state of North Dakota has revised its Public Water System Supervision (PWSS) Program by adopting federal regulations for the Lead/Copper Rule Short-Term Regulatory Revisions and Clarifications and the Public Notice Rule that correspond to the National Primary Drinking Water Regulations (NPDWR) in 40 CFR parts 141 and 142. The EPA has completed its review of these revisions in accordance with the SDWA and proposes to approve North Dakota's primacy revisions for the above stated rules. Today's approval action does not extend to public water systems in Indian country, as defined in 18 U.S.C. 1151. Please see SUPPLEMENTARY INFORMATION, Item B.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Chartered SAB to conduct quality reviews of a draft report on the President's requested FY 2013 budget for EPA research and a draft report on science integration at EPA; to plan for a joint meeting of the SAB and Office of Research and Development's (ORD's) Board of Scientific Counselors (BOSC); to receive a briefing on ORD and sustainability science; and to discuss the scientific and technical bases for four proposed agency actions.

EPA is taking direct final action to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory, portion of the State Implementation Plan (SIP) revision submitted by the State of Georgia on July 6, 2010. The emissions inventory is part of the Atlanta, Georgia (hereafter referred to as ``the Atlanta Area'' or ``Area''), PM2.5 attainment demonstration that was submitted for the 1997 annual PM2.5 National Ambient Air Quality Standards (NAAQS). This action is being taken pursuant to section 110 of the Clean Air Act (CAA).

EPA is proposing to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) and Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). These revisions concern recordkeeping for rules governing volatile organic compound (VOC) emissions from coatings, solvents and adhesives and rules governing VOC emissions from graphic arts and paper, film, foil and fabric coatings. We are proposing to approve two local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is finalizing a limited approval and limited disapproval of revisions to the Feather River Air Quality Management District (FRAQMD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on December 6, 2011 and concerns oxides of nitrogen (NOX) emissions from internal combustion engines. 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.

EPA is approving a request submitted by the Indiana Department of Environmental Management (IDEM) on November 24, 2010, to revise the Indiana State Implementation Plan (SIP) for lead (Pb) under the Clean Air Act (CAA). This submittal incorporates the National Ambient Air Quality Standards (NAAQS) for Pb promulgated by EPA in 2008.

EPA is proposing to approve the State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environmental Conservation (TDEC), Air Pollution Control Division, to EPA on January 11, 2012, for the purpose of amending the State's New Source Review (NSR) Prevention of Significant Deterioration (PSD) regulations as they relate to greenhouse gases (GHGs). Specifically, Tennessee amended its PSD regulations to add automatic rescission provisions. These provisions provide that in the event that the U.S. Court of Appeals for the DC Circuit or the U.S. Supreme Court issues an order which would render GHGs not subject to regulation under the Clean Air Act's (CAA) PSD permitting program, then GHGs shall not be subject to regulation under Tennessee's PSD regulations as of the effective date of EPA's Federal Register notice of vacatur. Further, the provisions provide that in the event that there is a change to Federal law that supersedes regulation of GHGs under the CAA's PSD permitting program, then GHGs shall not be subject to regulation under Tennessee's PSD regulations as of the effective date of the change in federal law. EPA took action to approve the GHG Tailoring Rule PSD provisions into the Tennessee SIP in a separate rulemaking. EPA is proposing to approve Tennessee's January 11, 2012, SIP revision because the Agency has made the determination that this SIP revision is not contrary to section 110 and part C of the Federal Clean Air Act or EPA regulations regarding PSD permitting for GHGs. In the Final Rules Section of this Federal Register, EPA is approving the State's implementation plan revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments.