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

The U.S. Environmental Protection Agency (EPA) is seeking nominations from a diverse range of qualified candidates to be considered for appointment as members of its Great Lakes Advisory Board (GLAB). The GLAB will provide advice and recommendations to the EPA Administrator, in her capacity as Chair of the Great Lakes Interagency Task Force, on matters pertaining to Great Lakes restoration and protection. Vacancies are expected to be filled by September 2012. Sources in addition to this Federal Register Notice may be used in the solicitation of nominees.

The U.S. Environmental Protection Agency's (EPA), Science Advisory Board (SAB) Staff Office announces a meeting of the SAB's Scientific and Technological Achievement Awards (STAA) Committee to discuss SAB recommendations regarding the Agency's 2012 STAA recipients. The SAB meeting will be closed to the public.

In this action we are proposing to approve into the Indiana State Implementation Plan (SIP) the addition of a new rule that sets volatile organic compound (VOC) emissions limits and other restrictions on consumer products that are sold, supplied, manufactured, or offered for sale in the State.

Based on its review of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA proposes to make revisions to the primary and secondary NAAQS for PM to provide requisite protection of public health and welfare, respectively, and to make corresponding revisions to the data handling conventions for PM and ambient air monitoring, reporting, and network design requirements. The EPA also proposes revisions to the prevention of significant deterioration (PSD) permitting program with respect to the proposed NAAQS revisions. With regard to primary standards for fine particles (generally referring to particles less than or equal to 2.5 micrometers ([mu]m) in diameter, PM2.5), the EPA proposes to revise the annual PM2.5 standard by lowering the level to within a range of 12.0 to 13.0 micrograms per cubic meter ([mu]g/m\3\), so as to provide increased protection against health effects associated with long- and short-term exposures (including premature mortality, increased hospital admissions and emergency department visits, and development of chronic respiratory disease) and to retain the 24-hour PM2.5 standard. The EPA proposes changes to the Air Quality Index (AQI) for PM2.5 to be consistent with the proposed primary PM2.5 standards. With regard to the primary standard for particles generally less than or equal to 10 [mu]m in diameter (PM10), the EPA proposes to retain the current 24-hour PM10 standard to continue to provide protection against effects associated with short-term exposure to thoracic coarse particles (i.e., PM10-2.5). With regard to the secondary PM standards, the EPA proposes to revise the suite of secondary PM standards by adding a distinct standard for PM2.5 to address PM-related visibility impairment and to retain the current standards generally to address non-visibility welfare effects. The proposed distinct secondary standard would be defined in terms of a PM2.5 visibility index, which would use speciated PM2.5 mass concentrations and relative humidity data to calculate PM2.5 light extinction, translated to the deciview (dv) scale, similar to the Regional Haze Program; a 24-hour averaging time; a 90th percentile form averaged over 3 years; and a level set at one of two optionseither 30 dv or 28 dv.

Notice is hereby given of a proposed administrative settlement concerning the Arkansas Waste to Energy Superfund Site, located in Osceola, Mississippi County, Arkansas. The settlement requires the settling party to pay a total of $220,000 as payment of response costs to the Hazardous Substances Superfund. The settlement includes a covenant not to sue pursuant to Section 107 of CERCLA. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to this notice and will receive written comments relating to the settlement.

Notice is hereby given of a proposed administrative settlement concerning the Arkansas Waste to Energy Superfund Site, located in Osceola, Mississippi County, Arkansas. The settlement requires the settling party to pay a total of $50,000 as payment of response costs to the Hazardous Substances Superfund. The settlement includes a covenant not to sue pursuant to Section 107 of CERCLA. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to this notice and will receive written comments relating to the settlement.

Louisiana has applied to the EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The 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 Louisiana's 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 issue of the Federal Register will serve as a proposal to authorize the changes.

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.

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.

This action announces the U.S. Environmental Protection Agency's (EPA's) approval of alternative testing methods for use in measuring the levels of contaminants in drinking water and determining compliance with national primary drinking water regulations. The Safe Drinking Water Act (SDWA) authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 10 additional methods available for analyzing drinking water samples required by regulation. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection.

EPA is finalizing a limited approval of a revision to the Alabama State Implementation Plan (SIP) submitted by the State of Alabama through the Alabama Department of Environmental Management (ADEM) on July 15, 2008. Alabama's July 15, 2008, SIP revision addresses regional haze for the first implementation period. Specifically, this SIP revision addresses 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 finalizing a limited approval of Alabama's July 15, 2008, SIP revision to implement the regional haze requirements for Alabama on the basis that this SIP revision, as a whole, strengthens the Alabama SIP. Additionally, EPA is rescinding the federal regulations previously approved into the Alabama SIP on November 24, 1987, and approving the provisions in Alabama's July 15, 2008, SIP submittal to meet the long- term strategy (LTS) requirements for reasonably attributable visibility impairment (RAVI). In a separate action published on June 7, 2012, EPA finalized a limited disapproval of this same SIP revision because of the deficiencies in the State's regional haze SIP revision arising from the remand by the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) to EPA of the Clean Air Interstate Rule (CAIR).

EPA is proposing to approve revisions to the Arizona Department of Environmental Quality (ADEQ), Maricopa County Air Quality Department (MCAQD), and Pima County Department of Environmental Quality (PCDEQ) portions of the Arizona State Implementation Plan (SIP) that EPA expects to be submitted by ADEQ. These revisions concern regulations that require monitoring and reporting of volatile organic compounds (VOC), oxides of nitrogen (NOX), and particulate matter (PM) emissions from stationary sources. This proposed approval is based upon proposed regulations submitted by ADEQ and an accompanying request that EPA proceed with SIP review while the State and local agencies complete their public review and agency adoption processes. EPA will not take final action on these regulations until ADEQ submits the final adopted versions to EPA as a revision to the Arizona SIP. Final EPA approval of the regulations and incorporation of them into the Arizona SIP would make them federally enforceable under the Clean Air Act (CAA). We are taking comments on this proposal and plan to follow with a final action.

EPA is announcing the availability of the final test guidelines for Series 810Product Performance Test Guidelines for Public Health Uses of Antimicrobial Agents, concerning specifically OCSPP 810.2400Disinfectants and Sanitizers for Use on Fabrics and TextilesEfficacy Data Recommendations; OSCPP 810.2500Air SanitizersEfficacy Data Recommendations; and OSCPP 810.2600Disinfectants and Sanitizers for Use in WaterEfficacy Data Recommendations. These test guidelines are part of a series of test guidelines established by the Office of Chemical Safety and Pollution Prevention (OCSPP) for use in testing pesticides and chemical substances to develop data for submission to the Agency under the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA). As guidance documents, the final test guidelines are not binding on either EPA or any outside parties. These test guidelines are final and effective 90 days after publication of this notice.

EPA is determining, pursuant to the Clean Air Act (CAA), that the bi-state St. Louis, Missouri-Illinois, fine particulate (PM2.5) nonattainment area (hereafter referred to as ``the St. Louis area'' or ``the area'') has attained the 1997 annual PM2.5 national ambient air quality standards (NAAQS) by its applicable attainment date of April 5, 2010. This determination is based on quality-assured and certified monitoring data for the 2007- 2009 monitoring period. Based on this data, EPA previously determined on May 23, 2011, that the area attained the 1997 standards, and EPA suspended certain planning requirements for the area based on that determination. EPA is now finding that the St. Louis area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date. EPA is finalizing this action because it is consistent with the CAA and its implementing regulations.

EPA is proposing to approve a state implementation plan revision submitted by the Arizona Department of Environmental Quality to address the moderate area PM10, particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers, planning requirements for the Nogales nonattainment area. Consistent with this proposal, EPA is also proposing to approve the following plan elements as meeting the requirements of the Clean Air Act: the Nogales nonattainment area 2008 and 2011 emission inventories; the demonstration that the Nogales nonattainment area is attaining the National Ambient Air Quality Standard for PM10, but for international emissions sources in Nogales, Mexico; the demonstration that reasonably available control measures sufficient to meet the standard have been implemented in the nonattainment area; the reasonable further progress demonstration; the demonstration that implementation of measures beyond those needed for attainment meet the contingency measure requirement; and, the motor vehicle emissions budget for the purposes of determining the conformity of transportation plans, programs, and projects with this PM10 plan.

This regulation establishes tolerances for residues of propiconazole in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes an established tolerance on stone fruit crop group 12, as it will be superseded by the new tolerance for stone fruit crop group 12, except plum. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is finalizing a limited approval of a revision to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina through the North Carolina Department of Environment and Natural Resources (NC DENR), Division of Air Quality (DAQ), on December 17, 2007. North Carolina's December 17, 2007, SIP revision addresses regional haze for the first implementation period. Specifically, this SIP revision addresses 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 finalizing a limited approval of North Carolina's December 17, 2007, SIP revision to implement the regional haze requirements for North Carolina on the basis that this SIP revision, as a whole, strengthens the North Carolina SIP. In a separate action published on June 7, 2012, EPA finalized a limited disapproval of this same SIP revision because of the deficiencies in the State's regional haze SIP revision arising from the remand by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to EPA of the Clean Air Interstate Rule (CAIR).

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), notice is hereby given of a proposed consent decree to resolve two lawsuits filed by various parties and consolidated in the United States District Court for the District of Columbia. Plaintiffs filed the lawsuits under the Act alleging that EPA has violated a nondiscretionary duty under the Clean Air Act, to complete a five-year review of the national ambient air quality standards (``NAAQS'') for particulate matter. Under the terms of the proposed consent decree, EPA agrees that no later than December 14, 2012, EPA shall sign a notice of final rulemaking setting forth its final decision concerning its review of the NAAQS for particulate matter and promulgating such revisions to the NAAQS and/or promulgating such new NAAQS as may be appropriate.

EPA is finalizing a limited approval of a revision to the State Implementation Plan (SIP) for Iowa, submitted by the Iowa Department of Natural Resources on March 25, 2008, that addresses Regional Haze for the first implementation period. Specifically, these revisions address the requirements of the Clean Air Act (CAA or Act) and EPA's rules that required States to prevent any future and remedy any existing anthropogenic impairment of visibility in Class I areas (national parks and wilderness areas) caused by emissions of air pollutants located over a wide geographic area (also known as the ``regional haze'' program). EPA proposed to approve these revisions on February 28, 2012. In a separate rulemaking action, EPA finalized the limited disapproval of Iowa's regional haze SIP and imposed a Federal Implementation Plan (FIP) for Iowa which was signed on May 30, 2012, and published in the Federal Register on June 7, 2012.

EPA is proposing to promulgate a Federal Implementation Plan (the Plan) to address regional haze in the Territory of the United States Virgin Islands. EPA proposes to determine that the Plan meets the requirements of the Clean Air 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 (also referred to as the ``regional haze program''). The proposed Plan protects and improves visibility levels in the Virgin Islands Class I area, namely the Virgin Islands National Park on the island of St. John. The Plan for the Virgin Islands will address Reasonable Progress toward improving visibility and evaluation of Best Available Retrofit Control Technology. The reader is referred to the Regional Haze Virgin Islands Federal Implementation Plan found in the Docket for this action, which contains a complete description of all of the elements to address regional haze. EPA is taking comments on this proposal and plans to follow with a final action.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.