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

EPA is proposing to approve Illinois' negative declaration and request for EPA withdrawal of its 111(d)/129 State Plan to control air pollutants from ``Large Municipal Waste Combustors'' (LMWC). On February 1, 2012, the Illinois Environmental Protection Agency submitted a letter of certification to EPA that the only designated facility in the State Plan ceased operation and is completely shut down and requested that EPA withdraw the State Plan implementing the emission guidelines for LMWCs.

As required by section 9(a)(2) of the Federal Advisory Committee Act, we are giving notice that EPA is establishing the Great Lakes Advisory Board (GLAB). The purpose of the GLAB is to provide advice to the Administrator in her capacity as Chair of the Inter- Agency Task Force established per Executive Order 13340 (May 18, 2004), on matters related to Great Lakes restoration and protection. The major objectives will be to provide advice and recommendations on: Great Lakes protection and restoration policy; long term goals and objectives for Great Lakes protection and restoration; and annual priorities to protect and restore the Great Lakes that may be used to help inform budget decisions. EPA has determined that this federal advisory committee is in the public interest and will assist the EPA in performing its duties and responsibilities. Copies of the GLAB's charter will be filed with the appropriate congressional committees and the Library of Congress.

The EPA Science Advisory Board (SAB) Staff Office announces a public meeting and follow-up public teleconference of the SAB Perchlorate Advisory Panel to conduct an advisory activity related to the development of a maximum contaminant level goal (MCLG) for perchlorate.

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

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region II, of a proposed de minimis administrative settlement agreement and order on consent pursuant to Section 122(g)(4) of CERCLA, 42 U.S.C. 9622(g)(4), between EPA and Recycle Technologies, Inc., American Lamp Recycling, LLC, Lighting Resources, LLC, Western Finger Lakes Solid Waste Management Authority, H-B Instrument Company, Inc. and H.J. Heinz Company (hereinafter ``Settling Parties'') pertaining to the Mercury Refining Superfund Site (``Site'') located in the Towns of Guilderland and Colonie, Albany County, New York. The settlement requires specified individual payments by each settling party to the EPA Hazardous Substance Superfund Mercury Refining Superfund Site Special Account, which combined total $76,562.04. Each settling party's individual settlement amount is considered to be either that party's fair share of cleanup costs incurred and anticipated to be incurred in the future, plus a ``premium'' that accounts for, among other things, uncertainties associated with the costs of that future work at the Site, or the amount that EPA has determined the settling party can afford to pay. The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating to the Site, subject to limited reservations, and protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. 9613(f)(2) and 9622(g)(5). For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region II, 290 Broadway, New York, New York 10007-1866.

Due to an adverse comment, EPA is withdrawing the direct final rule, published on March 22, 2012, that approved revisions to the Puerto Rico Regulations for the Control of Atmospheric Pollution. Those revisions were submitted to EPA by the Puerto Rico Environmental Quality Board on July 13, 2011, and consist of amendments to Rules 102, 111, 115, 116 and Appendix A. Generally the revisions to the regulations involve administrative changes which improve the clarity of the rules contained in the Commonwealth's Implementation Plan and Operating Permits Program.

The Environmental Protection Agency (EPA) is proposing to promulgate a Federal Implementation Plan (FIP) to address regional haze in the State of Hawaii. EPA proposes to determine that the FIP meets the requirements of the Clean Air Act (CAA or ``the Act'') and EPA's rules concerning reasonable progress towards the national goal of preventing any future and remedying any existing man-made impairment of visibility in mandatory Class I areas. We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) Region 8 announces the deletion of Operable Unit (OU) 1the former Fire Protection Training Area (FPTA), along with two other Areas of Concern (AOC): the Gateway Lake Ash Study Area and the Pride Hangar Study Area of the Ellsworth Air Force Base (AFB) 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). This partial deletion pertains to the surface soil, unsaturated subsurface soil, surface water and sediments of Operable Unit (OU) 1, the Gateway Lake Ash Study Area, and the Pride Hangar Study Area. The groundwater medium associated with OU-11, Basewide Groundwater will remain on the NPL. The EPA and the State of South Dakota, through the Department of Environment and Natural Resources, have determined that all appropriate response actions under CERCLA, other than five-year reviews have been completed. However, the deletion of these parcels does not preclude future actions under Superfund.

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 Commonwealth of Kentucky on December 3, 2008. The emissions inventory is part of the Kentucky's December 3, 2008, SIP revision that was submitted to meet the nonattainment requirements related to the Commonwealth's portion of the bi-state Louisville, KY-IN nonattainment area for the 1997 annual PM2.5 national ambient air quality standards (NAAQS). The bi-state Louisville, KY-IN nonattainment area is comprised of Clark and Floyd Counties in Indiana, in their entireties; the Madison Township portion of Jefferson County, Indiana; and Bullitt and Jefferson Counties in Kentucky, in their entireties. This proposed action only relates to the Kentucky portion (i.e., Bullitt and Jefferson Counties) of this Area. EPA will consider action on the emissions inventory for the Indiana portion of this Area in a separate action. This action is being taken pursuant to section 110 of the Clean Air Act.

In accordance with section 122(i)(1) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''), notification is hereby given of a proposed administrative agreement concerning the Wabash Environmental Technologies hazardous waste site in Terre Haute, Indiana (the ``Site''). EPA proposes to enter into this agreement under the authority of section 122(h) and 107 of CERCLA. The proposed agreement has been executed by: AAA Galvanizing of Dixon, Inc.; Brenntag Mid- South, Inc. (successor to G.S. Robins & Co. and Ulrich Chemical, Inc.); Chemetall US, Inc., fka Oakite Products Inc.; City of Terre Haute Board of Public Works and Safety; ConAgra Foods Inc.; Elixir Industries; Enviromark Corporation; General Electric Company on behalf of GE Silicones and Momentive Performance Materials, Inc.; Glas-Col LLC; Interplastic Corporation; Marathon Pipe Line LLC; Northern Indiana Public Service Company; Perma-Fix of Dayton, Inc./Perma-Fix Environmental Services, Inc.; The Proctor & Gamble Manufacturing Company; Rochester Midland Corporation; Rock-Tenn Company on behalf of Smurfit-Stone; Speedway LLC (formerly known as Speedway SuperAmerica LLC); Superior Oil Company, Inc.; Superior Oil Company, Inc. for Superior Fiberglass & Resins; Technicote, Inc.; and Weatherford International. (the ``Settling Parties''). Under the proposed agreement, the Settling Parties will pay a total of $710,053.43 to the Hazardous Substances Superfund to resolve EPA's claims against the Settling Parties for response costs incurred by EPA at the Site. EPA has incurred response costs investigating and performing response actions at the Site to mitigate potential imminent and substantial endangerments to human health or the environment presented or threatened by hazardous substances present at the Site. For thirty days following the date of publication of this notice, the EPA will receive written comments relating to this proposed agreement. EPA will consider all comments received and may decide not to enter this proposed agreement if comments disclose facts or considerations which indicate that the proposed agreement is inappropriate, improper or inadequate.

EPA is proposing to determine that the Paul Spur/Douglas nonattainment area (NA) in Arizona is currently attaining the National Ambient Air Quality Standard (NAAQS) for particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) based on certified, quality-assured ambient air monitoring data for the years 2009-2011. Based on our proposed determination that the Paul Spur/Douglas NA is currently attaining the PM10 NAAQS, EPA is also proposing to determine that Arizona's obligation to make submissions to meet certain Clean Air Act requirements related to attainment of the NAAQS is not applicable for as long as the Paul Spur/Douglas NA continues to attain the NAAQS and that the obligation on EPA to promulgate a Federal Implementation Plan (FIP) to address the State's attainment-related requirements would also be suspended for as long as the underlying State obligation is suspended.

EPA issued a notice in the Federal Register of May 9, 2012, concerning an amendment to terminate uses of aldicarb. This document is being issued to correct a typographical error.

EPA is proposing to approve Wyoming State Implementation Plan (SIP) revisions submitted on January 12, 2011 and April 19, 2012 that address regional haze. These SIP revisions were submitted to address the requirements of the Clean Air Act (CAA or Act) and our rules that require states to prevent any future and remedy any existing man-made 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 taking this action pursuant to section 110 of the CAA.

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 meet on the dates and times described below. All meetings are open to the public. Members of the public are encouraged to provide comments relevant to the specific issues being considered by the NEJAC. For additional information about registering for public comment, please see SUPPLEMENTARY INFORMATION. Due to limited space, seating at the NEJAC meeting will be on a first-come, first-served basis.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Piqua Hospital Site (Site ID Number B5RB) in Piqua, Ohio with the following settling parties: Hospdela LLC and Dr. Enrique De La Piedra. The settlement requires the settling parties to pay $20,000 to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling parties pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). For 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 77 West Jackson Boulevard, 7th floor Superfund File Room, Chicago, Illinois.

EPA issued a proposed rule in the Federal Register of April 2, 2012, that would amend the Toxic Substances Control Act (TSCA) section 5(a) Significant New Use Rule (SNUR) for certain polybrominated diphenylethers (PBDEs), and that would require persons that manufacture, import, or process any of three commercial PBDEs, including in articles, for any use after December 31, 2013, to conduct testing under TSCA section 4(a). This document extends the comment period for 60 days, from June 1, 2012 to July 31, 2012.

EPA is partially approving the State Implementation Plan (SIP) submittal from the State of Washington to demonstrate that the SIP meets the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient Air Quality Standard (NAAQS) promulgated for ozone on July 18, 1997. EPA finds that the current Washington SIP meets the following 110(a)(2) infrastructure elements for the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), except for portions related to the major source Prevention of Significant Deterioration (PSD) permitting program which is implemented under a Federal Implementation Plan.

The EPA intends to expeditiously propose revisions to its Phase I stormwater regulations to specify that stormwater discharges from logging roads \1\ are not stormwater discharges ``associated with industrial activity.'' This notice of intent is in response to the Ninth Circuit Court of Appeals which found in Northwest Environmental Defense Center v. Brown that certain logging roads are stormwater point sources ``associated with industrial activity.'' Additionally, EPA is seeking comment on approaches for addressing water quality impacts associated with discharges of stormwater from forest roads. Where appropriate best management practices (BMPs) are used, receiving waters can be protected and impacts can be minimized. If not properly managed, however, stormwater discharges from some forest roads can cause preventable impairments to water quality. EPA believes that stormwater discharges from forest roads should be evaluated under section 402(p)(6) of the Clean Water Act because the section allows for a broad range of flexible approaches that are well-suited to address the complexity of forest road ownership, management, and use. Section 402(p) of the Clean Water Act allows EPA to consider a range of regulatory and non-regulatory approaches and determine which forest road discharges (if any) should be regulated under 402(p)(6). The EPA intends to study the water quality impacts of forest roads and existing federal, state, tribal, and voluntary programs designed to address them to determine if additional Agency action is necessary. The EPA will seek input again prior to taking additional action.

EPA is proposing to approve the Best Available Retrofit Technology (BART) determination for the TransAlta Centralia Generation LLC coal-fired power plant in Centralia, Washington (TransAlta). The Washington State Department of Ecology (Ecology) submitted its Regional Haze State Implementation Plan (SIP) on December 22, 2010 to meet the requirements of 40 CFR 50.308. On December 29, 2011 Ecology submitted an update to the SIP submittal containing a revised and updated BART determination for TransAlta. EPA plans to act on the remaining Regional Haze SIP elements for Washington in the near future.

The Toxic Substances Control Act (TSCA) Interagency Testing Committee (ITC) transmitted its 69th Report to the EPA Administrator on April 5, 2012. In the 69th ITC Report, which is included with this notice, the ITC is adding a category of cadmium compounds including any chemical that contains cadmium as part of that chemical's structure, 6 non-phthalate plasticizers, 25 phosphate ester flame retardants, 2 other flame retardants, 9 chemicals to which children living near hazardous waste sites may be exposed, and a category of 69 diisocyanates and related compounds (including 14 Action Plan chemicals and 55 related compounds) to the TSCA Priority Testing List. In addition, the ITC is removing 103 cadmium compounds and 14 High Production Volume (HPV) Challenge Program orphan chemicals from the Priority Testing List during this reporting period (June to November 2011). The ITC is adding the category of cadmium compounds and removing 103 cadmium compounds to provide a more comprehensive approach to assessing cadmium compounds' safety.

EPA is proposing to approve portions of a State Implementation Plan (SIP) revision submitted by the State of Oregon on December 10, 2010 and supplemented on February 1, 2011, as meeting the requirements of Clean Air Act (CAA or the Act) section 169A and B and Federal Regulations in 40 CFR 51.308. In a previous action on July 5, 2011, EPA approved portions of the December 10, 2010, SIP submittal as meeting the requirements for interstate transport for visibility of CAA section 110(a)(2)(D)(II) and certain requirements of the regional haze program including the requirements for best available retrofit technology (BART). 76 FR 38997. The action in this Federal Register notice addresses the remaining requirements of the 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''). In this action, EPA proposes to approve the remaining regional haze SIP elements for which EPA previously took no action in the July 5, 2011 notice.

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.

This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.