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

In accordance with Section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(h)(1), notice is hereby given of a proposed administrative settlement for the Terrible Mine Site, Isle Mining District, Custer County, Colorado with George L. Gomez and Patricia A. Gomez based upon an inability to pay settlement. The settlement includes a covenant not to sue the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), and provides that the settling parties will sign and execute an environmental covenant on the Site. 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 EPA Region 8 Records Center, 1595 Wynkoop Street, Denver, Colorado 80202.

This regulation establishes an exemption from the requirement of a tolerance for residues of Bacillus pumilus strain GHA 180 in or on all food commodities when used in accordance with good agricultural practices. Premier Horticulture submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus pumilus strain GHA 180.

EPA is announcing an extension to the public comment period for the external review of the draft research report titled, ``Investigation of Ground Water Contamination near Pavillion, Wyoming.'' The draft research report was prepared by the National Risk Management Research Laboratory, within the EPA Office of Research and Development (ORD), 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/sipublicpra view.cfm?dirEntryID=240345.

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 settlement agreement to address a lawsuit filed by Sierra Club in the United States District Court for the Western District of Wisconsin: Sierra Club v. Jackson, No. 3:11-cv-0315 (W.D. WI). Plaintiff filed a complaint alleging that EPA has failed to satisfy a non-discretionary duty or, in the alternative, has unreasonably delayed in acting on the title V permit issued by Wisconsin Department of Natural Resources (``WDNR'') for Wisconsin Public Service Corporation's J.P. Pulliam Generating Station (``Pulliam'') because WDNR had not submitted to EPA a permit revised to meet EPA's June 28, 2010 objection to this permit. Under the proposed settlement agreement, EPA agrees to a deadline for responding to a potential future petition submitted by Plaintiff.

EPA is proposing to approve revisions which repeal and replace existing rules, and revisions to the applicable State Implementation Plan (SIP) for New Mexico submitted by the State of New Mexico on April 11, 2002, and April 25, 2005, which relate to construction permit fee requirement regulations. The repeal and replace and SIP revisions included in this action would address section 110(a)(2) Clean Air Act (the Act or CAA) requirements related to fees for reviewing and acting on specific air quality construction permit applications received by the New Mexico Environment Department (NMED or Department) and for implementing and enforcing the terms and conditions of the construction permit, excluding any court costs or other costs associated with an enforcement action. EPA has determined that these SIP revisions comply with the Clean Air Act and EPA regulations and are consistent with EPA policies. This action is being taken under section 110 of the Act.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Libby Amphibole Asbestos Panel to discuss the Panel's draft review report of EPA's Toxicological Review of Libby Amphibole Asbestos (August 2011 Draft).

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 drinking water regulation for the Ground Water Rule (GWR) which will provide for better public health protection by reducing public water system consumers' risk of microbial illness from drinking water. EPA has determined that the Commonwealth rule meets all minimum federal requirements, and that the Commonwealth revision is no less stringent than the corresponding federal regulation. Therefore, 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.

Under the Federal Advisory Committee Act, Public Law 92-463, EPA gives notice of a meeting of the National Advisory Committee (NAC) and Governmental Advisory Committee (GAC) to the U.S. Representative to the North American Commission for Environmental Cooperation (CEC). The National and Governmental Advisory Committees advise the EPA Administrator in her capacity as the U.S. Representative to the CEC Council. The Committees are authorized under Articles 17 and 18 of the North American Agreement on Environmental Cooperation (NAAEC), North American Free Trade Agreement Implementation Act, Public Law 103-182, and as directed by Executive Order 12915, entitled ``Federal Implementation of the North American Agreement on Environmental Cooperation.'' The NAC is composed of 13 members representing academia, environmental non-governmental organizations, and private industry. The GAC consists of 12 members representing state, local, and Tribal governments. The Committees are responsible for providing advice to the U.S. Representative on a wide range of strategic, scientific, technological, regulatory, and economic issues related to implementation and further elaboration of the NAAEC. The purpose of the meeting is to provide advice on the Guidelines for Submissions on Enforcement Matters under Articles 14 and 15 of the NAAEC and to discuss other trans-boundary environmental and trade issues. The meeting will also include a public comment session. A copy of the agenda will be posted at https://www.epa.gov/ofacmo/nacgac- page.htm.

EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. This document also announces the Agency's intent not to open a registration review docket for dicofol, molinate, or bromonitrostyrene. Bromonitrostyrene and molinate do not currently have any actively registered pesticide products and are not, therefore, scheduled for review under the registration review program. Dicofol is undergoing a phase-out of all U.S. pesticide registrations. The cancellations of the end use registrations are effective October 31, 2013. Therefore, dicofol is not scheduled for review under the registration review program. EPA is also announcing the availability of an amended final work plan for the registration review of the pesticide tribenuron methyl; this work plan has been amended to incorporate revisions to the data requirements.

This notice rescinds a previously issued Cancellation Order, printed in the Federal Register on December 28, 2011, to the extent it is applicable to one methyl parathion product. The product in question, EPA Registration Number 070506-00193, was previously cancelled under a separate Cancellation Order published in the Federal Register on July 27, 2010. The July 27, 2010 order correctly identifies the effective date of cancellation for the affected product registration as well as the correct dates associated with the disposition of existing stocks. This rescission only applies to the methyl parathion registration. All other product registrations for all other chemicals that were included in the December 28, 2011 cancellation order remain in effect and are not otherwise affected by this action.

Under the Toxic Substances Control Act (TSCA), EPA is proposing: To add nine benzidine-based chemical substances to the Significant New Use Rule (SNUR) on benzidine-based chemical substances; a SNUR for di-n-pentyl phthalate (DnPP) (1,2-benzenedicarboxylic acid, 1,2-dipentyl ester) (CAS No. 131-18-0); and a SNUR for alkanes, C12-13, chloro (CAS No. 71011-12-6). In the case of the benzidine-based chemical substances, EPA is also proposing to make inapplicable the exemption relating to persons that import or process substances as part of an article. If finalized, this rule would require persons who intend to manufacture, import, or process these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate activities associated with a significant new use and an opportunity to protect against potential unreasonable risks, if any, from exposure to the chemical substance.

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.

EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for two chemical substances: Hexabromocyclododecane (Chemical Abstracts Service Registry Number (CASRN) 25637-99-4) and 1,2,5,6,9,10- hexabromocyclododecane (CASRN 3194-55-6), hereinafter collectively referred to as HBCD. This proposed rule would designate ``use in consumer textiles, other than for use in motor vehicles'' as a significant new use. This action would require persons who intend to manufacture (including import) or process HBCD for use in covered consumer textiles to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if appropriate, to prohibit or limit that activity before it occurs. For this proposed rule, the general SNUR article exemption for persons who import or process chemical substances as part of an article would not apply.

EPA is finalizing its approval of most of the Nevada Regional Haze State Implementation Plan (SIP) that implements the Clean Air Act (CAA) Regional Haze Rule requiring states to prevent any future and remedy any existing man-made impairment of visibility in mandatory Class I areas through a regional haze program. EPA proposed to approve all parts of Nevada's SIP revisions on June 22, 2011 (76 FR 36450). This final approval applies to all aspects of Nevada's SIP except for that portion of Nevada's determination regarding the Best Available Retrofit Technology (BART) to reduce nitrogen oxide (NOX) emissions at the Reid Gardner Generating Station (RGGS). We will take action on BART for NOX at RGGS in a future notice.

The U.S. Environmental Protection Agency (EPA) is taking direct final action to revise one of the use conditions required for use of hydrofluoroolefin (HFO)-1234yf (2,3,3,3-tetrafluoroprop-1-ene), a substitute for ozone-depleting substances (ODSs) in the motor vehicle air conditioning end-use within the refrigeration and air conditioning sector, to be acceptable subject to use conditions under EPA's Significant New Alternatives Policy (SNAP) program. The revised use condition incorporates by reference a revised standard from SAE International.

The EPA is proposing National Uniform Emission Standards for Storage Vessels and Transfer Operations, Equipment Leaks and Control Devices, herein referred to as Uniform Standards. The EPA is also proposing supplemental revisions to the National Uniform Emission Standards General Provisions, which were proposed with the National Uniform Emission Standards for Heat Exchange Systems, signed by the EPA Administrator on November 30, 2011. The proposed Uniform Standards would be referenced, as appropriate, in future revisions to new source performance standards and national emission standards for hazardous air pollutants for individual source categories that are part of the chemical manufacturing and refining industries that have storage vessels and transfer operations, equipment leaks or control devices used to control process vents from reactors, distillation and other operations, as well as from emissions from storage vessels, transfer operations and equipment leaks that are routed to control devices. Establishing these Uniform Standards is consistent with the objectives of Executive Order 13563, Improving Regulation and Regulatory Review, issued on January 18, 2011. In the future, as we periodically review and, if necessary, revise new source performance standards and national emission standards for hazardous air pollutants, as required by the Clean Air Act, we can direct those rulemakings to the proposed Uniform Standards, provided the Uniform Standards meet the applicable statutory stringency requirements for the specific rulemaking. The proposed Uniform Standards would ensure consistency and streamline recordkeeping and reporting requirements for facilities with storage vessels and transfer operations, equipment leaks and process vents that must comply with multiple regulations.

EPA is finalizing the limited approval and limited disapproval of West Virginia's Regional Haze State Implementation Plan (SIP) revision. EPA is taking this action because West Virginia's SIP revision, as a whole, strengthens the West Virginia SIP. We are finalizing our limited disapproval of the same SIP revision 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). This action is being taken in accordance with the requirements of the Clean Air Act (CAA) and EPA's rules for states to prevent and remedy future and existing anthropogenic impairment of visibility in mandatory Class I areas through a regional haze program. EPA is also approving 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.

This document notifies the public as required by section 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA has forwarded to the Secretary of the United States Department of Agriculture (USDA) two draft final rules. The first final rule is entitled: ``Pesticides; Microbial Pesticide Definitions and Applicability; Clarification and Availability of Test Guideline''; and the second is entitled: ``Synchronizing the Expiration Dates of the Pesticide Applicator Certificate with the Underlying State or Tribal Certificate Final Rule''. The draft regulatory documents are not available to the public until after they have been signed and made available by EPA.

The Environmental Protection Agency (EPA) is proposing to revise one of the use conditions required for use of hydrofluoroolefin (HFO)-1234yf (2,3,3,3-tetrafluoroprop-1-ene), a substitute for ozone- depleting substances (ODSs) in the motor vehicle air conditioning end- use within the refrigeration and air conditioning sector, as acceptable subject to use conditions under the EPA's Significant New Alternatives Policy (SNAP) program. The revised use condition incorporates by reference a revised standard from SAE International. In the ``Rules and Regulations'' section of this Federal Register, we are revising a use condition for use of HFO-1234yf in motor vehicle air conditioning 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.

On January 9, 2012, the EPA proposed amendments to three national emission standards for hazardous air pollutants: National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production; and National Emission Standards for Hazardous Air Pollutants for Polyether Polyols Production. The EPA is reopening the comment period until March 30, 2012. The EPA received a request for this reopening from the Sierra Club. The Sierra Club requested the reopening in order to analyze data and review the proposed amendments. EPA finds this request to be reasonable due to the multiple source categories involved in this action.

Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into four (4) settlements for past response costs concerning the Florida Petroleum Reprocessors Superfund Site located in Davie, Broward County, Florida.

This notice announces the Construction Approvals issued in 2011 by EPA Region 8 for the construction or modification of sources subject to the Radionuclide National Emission Standards for Hazardous Air Pollutants (NESHAP).