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

Under Section 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given of two proposed administrative settlements for recovery of past response costs concerning the Buckbee-Mears Co. Superfund Site located in Cortland, Cortland County, New York (the ``Site'') with each of the following settling parties: the City of Cortland (``City'') and the County of Cortland (``County'')(collectively the ``Municipal Settlements''). In order to resolve competing liens on two parcels of land within the Site (``Properties''), the Municipal Settlements provide that the City and the County agree to facilitate the sale and redevelopment of the Properties. In addition, if the Properties are sold pursuant to a pending foreclosure action by the State Bank of India, New York Branch (the ``Bank''), the Bank will pay to the City, in full satisfaction of the City's tax lien, the greater of $302,881 (being the amount of City Taxes in arrears as of September 29, 2006) or fifteen percent (15%) of the proceeds from the sale of the Properties, and the Bank will pay to the County $2,120 in full satisfaction of its tax lien, after the Bank is paid $150,000 attributable to the costs of marketing and selling the Properties. Any proceeds from the Bank's foreclosure sale remaining after the above payments to the Bank, the City and the County, shall be distributed in proportion to the percentage that the following amounts represent in relation to the combined total of said amounts: (1) For EPA, $8,323,204; (2) for the Bank, $8,434,911; (3) for the City, $1,194,043 minus the greater of $302,881 or fifteen percent (15%) of the proceeds from the sale of the Properties. Also under the terms of the Municipal Agreements, if the Properties are not sold through the Bank's foreclosure action, the City and County will foreclosure on the Properties, transfer the Properties and pay to EPA 50% of the selling price, after the transaction costs associated with the sale have been paid. The transaction costs are capped at $5,000 for the County and $150,000 for the City. EPA has also agreed to discharge its CERCLA Section 107(l) lien on the Properties and has agreed to waive any windfall lien it may have on the Properties under CERCLA Section 107(r). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the Municipal Agreements. The Agency will consider all comments received and may modify or withdraw its consent to the two settlements if comments received disclose facts or considerations which indicate that either of the settlements is inappropriate, improper, or inadequate.

EPA is proposing to approve in part, and conditionally approve in part, the State Implementation Plan (SIP) revisions, submitted by the Commonwealth of Kentucky through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), as demonstrating that the Commonwealth meets the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or Act) for the 1997 annual and 2006 24- hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Kentucky certified that the Kentucky SIP contains provisions that ensure the 1997 annual and 2006 24-hour PM2.5 NAAQS are implemented, enforced, and maintained in Kentucky (hereafter referred to as ``infrastructure submission''). EPA is now taking three related actions on Kentucky DAQ's infrastructure submissions for the Commonwealth. First, EPA is proposing to determine that Kentucky DAQ's infrastructure submissions, provided to EPA on August 26, 2008, and July 17, 2012, satisfy certain required infrastructure elements for the 1997 annual and 2006 24-hour PM2.5 NAAQS. Second, EPA is proposing to approve several Kentucky Revised Statutes (KRS) into the SIP to address element 110(a)(2)(E)(ii), that relates to state board requirements. Third, with respect to sections 110(a)(2)(C) and 110(a)(2)(J) as they relate to PSD requirements, EPA is proposing to conditionally approve the SIP submissions as meeting these requirements.

EPA is promulgating a rule that identifies provisions of Florida's Water Quality Standards for Phosphorus in the Everglades Protection Area (Phosphorus Rule) and Florida's Amended Everglades Forever Act (EFA) that EPA has disapproved and that therefore are not applicable water quality standards for purposes of the Clean Water Act. EPA is promulgating this final rule following EPA's disapproval of these provisions and EPA's specific directions to the State of Florida to correct these deficiencies in the Phosphorus Rule and EFA. EPA's disapproval, specific directions to the State, and this rule implement two orders by the U.S. District Court for the Southern District of Florida.

EPA issued a final rule in the Federal Register of May 14, 2012, concerning the establishment of pesticide tolerances for the new fungicide active ingredient fluxapyroxad. Inadvertently, the terminology for the oilseed crop group and for dried plums was incorrect. This technical amendment is being issued to correct the terminology.

In compliance with the Paperwork Reduction Act (PRA), 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 January 31, 2013. 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.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), as amended, 42 U.S.C. 9622(i), notice is hereby given of a proposed Settlement Agreement and Order on Consent for Removal Action by Bona Fide Administrative Agreement for Recovery of Past Response Costs (``Agreement,'' Region 9 Docket No. 9-2012-07) pursuant to Section 122(h) of CERCLA concerning the ANACONDA COPPER MINE SITE (the ``Site''), located in Yerington, Lyon County, Nevada. The respondent is Singatse Peak Services (``Respondent''). Through the proposed Agreement, the Respondent will fund up to $420,000 toward a response action by EPA to address releases from the Arimetco heap leach fluid management system (``FMS''). Respondent will conduct a study to assess options to ensure approximately five years of fluid capacity in the FMS, and may pay toward any response to implement a selected option. The Agreement provides Respondent with a covenant not to sue for past costs at the Site and response actions funded in the Agreement, as well as contribution protection. For thirty (30) days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed Agreement, and EPA's responses to comments received will be available for public inspection at EPA's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105.

EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of Idaho (the State). The Idaho State Department of Environmental Quality (IDEQ) submitted the Northern Ada County Air Quality Maintenance Area Second 10-year Carbon Monoxide Maintenance Plan on February 10, 2011. In accordance with the requirements of the Federal Clean Air Act (the Act), EPA is approving the revision because the State adequately demonstrates that the Boise-Northern Ada County Air Quality Maintenance Area will maintain air quality standards for carbon monoxide (CO) through the year 2022.

EPA is taking final action to approve the 1997 annual 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 Kentucky's December 3, 2008, attainment demonstration SIP revision that was submitted to meet the nonattainment requirements related to the Commonwealth's portion of the bi-state Louisville, Kentucky-Indiana nonattainment area for the 1997 annual PM2.5 national ambient air quality standards (NAAQS), hereafter referred to as ``the bi-state Louisville Area'' or ``Area.'' The bi-state Louisville 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 final action only relates to the Kentucky portion (i.e., Bullitt and Jefferson Counties) of this Area. This action is being taken pursuant to section 110 of the Clean Air Act (CAA or Act).

EPA is making two determinations, one regarding the Knoxville, Tennessee, 1997 annual fine particulate (PM2.5) nonattainment area and one regarding the Knoxville-Sevierville-La Follette, Tennessee, 2006 24-hour PM2.5 nonattainment area (both areas have the same geographic boundary and will hereafter be collectively referred to as the ``Knoxville Area'' or ``Area''). First, EPA is determining that the Area has attained the 1997 annual PM2.5 National Ambient Air Quality Standards (NAAQS or ``standard''). Second, EPA is determining that the Area has attained the 2006 24-hour PM2.5 NAAQS. These determinations of attaining data are based upon quality-assured and certified ambient air monitoring data for the 2009-2011 period, showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS and 2006 24-hour PM2.5 NAAQS. The requirements for the Area to submit an attainment demonstration and associated reasonably available control measures (RACM), reasonable further progress (RFP) plans, contingency measures, and other planning State Implementation Plan (SIP) revisions related to attainment of the standards shall be suspended so long as the Area continues to attain the respective PM2.5 NAAQS.

The Environmental Protection Agency (EPA) Region 1 is issuing a Notice of Intent to Delete the following properties at the Eastland Woolen Mill Superfund Site (Site) located in Corinna, Maine, from the National Priorities List (NPL) and requests public comments on this proposed action. 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). The EPA and the State of Maine, through the Maine Department of Environmental Protection, have determined that all appropriate response actions at these identified parcels under CERCLA, other than and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to all Site media (including soil and groundwater).

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware on March 14, 2012. This SIP revision pertaining to Delaware's Prevention of Significant Deterioration (PSD) and nonattainment New Source Review (NSR) programs incorporates preconstruction permitting requirements for fine particulate matter (PM2.5) into the Delaware SIP. In addition, EPA is proposing to approve SIP revisions and portions of SIP submissions for the purpose of determining that Delaware has met its statutory obligations with respect to the infrastructure requirements of the Clean Air Act (CAA) which relate to Delaware's PSD permitting program and are necessary to implement, maintain, and enforce the1997 PM2.5 and ozone NAAQS, the 2006 PM2.5 NAAQS, and the 2008 lead NAAQS. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

EPA is proposing to approve the fine particulate matter (PM2.5) 2005 base year emissions inventory, a portion of the State Implementation Plan (SIP) revision submitted by the Michigan Department of Environmental Quality (MDEQ) on June 13, 2008. The emissions inventory is part of the June 13, 2008, SIP revision that Michigan submitted to meet the nonattainment requirements related to the Detroit-Ann Arbor (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) nonattainment area for the 1997 annual PM2.5 national ambient air quality standards (NAAQS). EPA is taking this action pursuant to sections 110 and 172 of the Clean Air Act (CAA).

EPA is proposing to approve revisions from the Governor of New Mexico to the State Implementation Plan for Air Quality for the City of Albuquerque/Bernalillo County area pursuant to the Clean Air Act. The revision addresses 20.11.100 NMAC, Motor Vehicle Inspection, and was submitted on July 28, 2011. This revision includes addition of emissions inspections for 1998 and newer diesel vehicles less than 10,001 pounds and all gasoline/electric hybrid vehicles; changes test frequency for some model year vehicles; allows motorists that are financially incapable of paying for certain repairs to apply for a time extension; makes minor test procedure changes; codifies certain regulatory language from the VPMD Procedures Manual into 20.11.100 NMAC; reorganizes 20.11.100 NMAC; and makes numerous non-substantive changes to clarify and improve readability of these rules. This action is being taken under section 110 of the Clean Air Act (the Act).

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Chemical Substances Inventory (TSCA Inventory)) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish in the Federal Register a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish in the Federal Register periodic status reports on the new chemicals under review and the receipt of notices of commencement (NOC) to manufacture those chemicals. This document, which covers the period from May 29, 2011 to June 15, 2012, and provides the required notice and status report, consists of the PMNs pending or expired, and the NOC to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

EPA is proposing to revoke certain tolerances for the insecticide and nematocide aldicarb because, in follow-up to voluntary requests from a registrant, EPA amended an aldicarb registration to delete specific uses, leaving no aldicarb registrations for those uses. Also, in accordance with current Agency practice, EPA is proposing to revise the nomenclature of specific tolerances and make minor revisions to the tolerance expression for aldicarb.

This regulation establishes tolerances for residues of pyrimethanil in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).