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

Sulfentrazone; Pesticide Tolerances
Document Number: 2012-23986
Type: Rule
Date: 2012-09-28
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of sulfentrazone in or on succulent soybeans. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). In addition, this regulation corrects an incorrect commodity definition in the table. The term ``Berry, low growing, group 13-07'' is being revised to its correct term ``Berry and small fruit, group 13-07.''
Flonicamid; Applications To Add New Food Uses on Previously Registered Pesticide Products
Document Number: 2012-23981
Type: Notice
Date: 2012-09-28
Agency: Environmental Protection Agency
This notice announces the receipt of applications to add new food uses on previously registered pesticide products containing the insecticide, flonicamide, pursuant to the provisions of section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is publishing this notice pursuant to section 3(c)(4) of FIFRA.
Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities; Correction
Document Number: 2012-23979
Type: Proposed Rule
Date: 2012-09-28
Agency: Environmental Protection Agency
EPA issued a notice in the Federal Register of Wednesday, July 25, 2012, concerning Pesticide Petition (PP) 2F8026, which requests to establish tolerances for residues of the herbicide pyroxasulfone and its metabolites in or on wheat (grain, straw, forage, and hay). This document corrects a typographical error.
Notice of Filing of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: 2012-23968
Type: Proposed Rule
Date: 2012-09-28
Agency: Environmental Protection Agency
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.
Notice of Receipt of Pesticide Products; Registration Applications
Document Number: 2012-23962
Type: Notice
Date: 2012-09-28
Agency: Environmental Protection Agency
EPA has received applications to register pesticide products containing active ingredients not included in any previously registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.
Environmental Impacts Statements; Notice of Availability
Document Number: 2012-23928
Type: Notice
Date: 2012-09-28
Agency: Environmental Protection Agency
Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: 2012-23829
Type: Proposed Rule
Date: 2012-09-28
Agency: Environmental Protection Agency
This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Sulfoxaflor; Pesticide Tolerances for Emergency Exemptions
Document Number: 2012-23818
Type: Rule
Date: 2012-09-28
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for residues of sulfoxaflor, N-methyloxido [1-[6-(trifluoromethyl)-3- pyridinyl]ethyl] [lambda]\4\-sulfanylidene] cyanamide, including its metabolites and degradates in or on cotton, undelinted seed; cotton, gin byproducts; and cotton, hulls. This action is in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on cotton. This regulation establishes maximum permissible levels for residues of sulfoxaflor in or on these commodities. These time-limited tolerances expire on December 31, 2015.
Approval and Promulgation of Implementation Plans; Georgia; Control Techniques Guidelines and Reasonably Available Control Technology
Document Number: 2012-23710
Type: Rule
Date: 2012-09-28
Agency: Environmental Protection Agency
EPA is approving four final State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD), to EPA on November 13, 1992, October 21, 2009 (three separate submittals on this day), and March 19, 2012. Additionally, EPA is approving a SIP revision that GA EPD submitted on July 19, 2012, for parallel processing. GA EPD submitted the final submission related to the July 19, 2012, draft SIP revision on September 7, 2012. Together, these revisions establish reasonably available control technology (RACT) requirements for the major sources located in the Atlanta, Georgia 1997 8-hour ozone nonattainment area (hereafter referred to as the ``Atlanta Area'') that either emit volatile organic compounds (VOC), nitrogen oxides (NOX), or both. Georgia's SIP revisions include certain VOC source categories for which EPA has issued Control Techniques Guidelines (CTG). EPA has evaluated the revisions to Georgia's SIP, and has made the determination that they are consistent with the Clean Air Act (CAA or Act), statutory and regulatory requirements and EPA guidance.
SFIREG EQI Working Committee; Notice of Public Meeting
Document Number: 2012-23824
Type: Notice
Date: 2012-09-27
Agency: Environmental Protection Agency
The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG), Pesticides Operations and Management (EQI) Working Committee will hold a 2-day meeting, beginning on October 15, 2012, and ending October 16, 2012. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: 2012-23819
Type: Rule
Date: 2012-09-27
Agency: Environmental Protection Agency
On August 20, 2012 EPA published a Notice of Intent to Delete and a direct final Notice of Deletion for the Hooker (Hyde Park) Superfund Site from the National Priorities List. The EPA is withdrawing the Final Notice of Deletion due to adverse comments that were received during the public comment period. After consideration of the comments received, if appropriate, EPA will publish a Notice of Deletion in the Federal Register based on the parallel Notice of Intent to Delete and place a copy of the final deletion package, including a Responsiveness Summary, if prepared, in the Site repositories.
Approval and Promulgation of Implementation Plans; North Carolina: Approval of Rocky Mount Supplemental Motor Vehicle Emissions Budget Update
Document Number: 2012-23717
Type: Proposed Rule
Date: 2012-09-27
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the North Carolina State Implementation Plan (SIP), submitted to EPA on February 7, 2011, by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources, Division of Air Quality. North Carolina's February 7, 2011, submission supplements the original redesignation request and maintenance plan for Rocky Mount 1997 8-hour ozone area submitted on June 19, 2006, and approved by EPA on November 6, 2006. The Rocky Mount 1997 8-hour ozone area is comprised of Edgecombe and Nash Counties in North Carolina. The February 7, 2011, revision proposes to increase the safety margin allocated to motor vehicle emissions budgets to account for changes in the emissions model and vehicle miles traveled projection model. EPA is proposing approval of this SIP revision pursuant to section 110 of the Clean Air Act. North Carolina's SIP revision meets all the statutory and regulatory requirements, and is consistent with EPA's guidance.
Approval and Promulgation of Implementation Plans; North Carolina: Approval of Rocky Mount Motor Vehicle Emissions Budget Update
Document Number: 2012-23716
Type: Rule
Date: 2012-09-27
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the North Carolina State Implementation Plan (SIP), submitted to EPA on February 7, 2011, by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Air Quality (DAQ). North Carolina's February 7, 2011, submission supplements the original redesignation request and maintenance plan for the Rocky Mount, North Carolina 1997 8-hour ozone area submitted on June 19, 2006, and approved by EPA on November 6, 2006. The Rocky Mount, North Carolina 1997 8-hour ozone area is comprised of Edgecombe and Nash Counties in North Carolina. North Carolina's February 7, 2011, SIP revision increases the safety margin allocated to motor vehicle emissions budgets (MVEBs) for both Edgecombe and Nash Counties to account for changes in the emissions model and vehicle miles traveled (VMT) projection model. EPA is approving this SIP revision pursuant to section 110 of the Clean Air Act (CAA or Act). North Carolina's February 7, 2011, SIP revision meets all of the statutory and regulatory requirements, and is consistent with EPA's guidance.
Regulation of Fuels and Fuel Additives: 2013 Biomass-Based Diesel Renewable Fuel Volume
Document Number: 2012-23344
Type: Rule
Date: 2012-09-27
Agency: Environmental Protection Agency
Under the Clean Air Act Section 211(o), the Environmental Protection Agency is required to determine the applicable volume of biomass-based diesel to be used in setting annual percentage standards under the renewable fuel standard program for years after 2012. We proposed an applicable volume requirement for 2013 of 1.28 billion gallons on July 1, 2011. In order to sufficiently evaluate the many comments on the proposal from stakeholders as well as to gather additional information to enhance our analysis, we did not finalize this volume requirement in the January 9, 2012, rulemaking setting the 2012 percentage standards. In this action we are finalizing an applicable volume of 1.28 billion gallons of biomass-based diesel for calendar year 2013.
Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Stationary Source Permits
Document Number: 2012-23121
Type: Rule
Date: 2012-09-27
Agency: Environmental Protection Agency
EPA is finalizing a limited approval and limited disapproval of revisions to the applicable state implementation plan for the State of Nevada. The revisions include new or amended State rules governing applications for, and issuance of, permits for stationary sources, but not including review and permitting of major sources and major modifications under parts C and D of title I of the Clean Air Act. EPA is taking this action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans. The intended effect of the limited approval and limited disapproval action is to update the applicable state implementation plan with current State rules with respect to permitting, and to set the stage for remedying deficiencies in the permitting rules with respect to certain new or revised national ambient air quality standards. This limited disapproval action would not trigger sanctions under section 179 of the Clean Air Act but does trigger an obligation on EPA to promulgate a Federal Implementation Plan unless the State of Nevada corrects the deficiencies, and EPA approves the related plan revisions, within two years of the final action.
Glufosinate Ammonium; Pesticide Tolerances
Document Number: 2012-23738
Type: Rule
Date: 2012-09-26
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of glufosinate ammonium in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) and Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Notice of Receipt of Pesticide Products; Registration Applications To Register New Uses
Document Number: 2012-23736
Type: Notice
Date: 2012-09-26
Agency: Environmental Protection Agency
This notice announces receipt of applications to register new uses for pesticide products containing currently registered active ingredients pursuant to the provisions of section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This notice provides the public with an opportunity to comment on the applications.
Butylate, Clethodim, Dichlorvos, Dicofol, Isopropyl Carbanilate, et al.; Tolerance Actions
Document Number: 2012-23712
Type: Rule
Date: 2012-09-26
Agency: Environmental Protection Agency
EPA is revoking specific tolerances, in follow-up to canceled uses or where a commodity is no longer a significant feed item, for butylate, clethodim, dichlorvos, dicofol, isopropyl carbanilate, methanearsonic acid, methomyl, naled, primisulfuron-methyl, tralomethrin, and ziram, and the tolerance exemption for pine oil. However, EPA will not revoke the dicofol tolerances on tea and tolerance exemptions for rotenone, derris, or cube roots at this time. Also, EPA is making minor revisions to the tolerance expressions for dicofol, methanearsonic acid, methomyl, and tralomethrin, revising the nomenclature of specific tolerances for butylate, methomyl, and tralomethrin, and removing expired tolerances for certain pesticide active ingredients, in accordance with current EPA practice. In addition, EPA is reinstating popcorn tolerances for metolachlor to remedy an inadvertent omission and cover existing registrations.
Gulf of Mexico Citizen Advisory Committee; Notice of Charter Renewal
Document Number: 2012-23703
Type: Notice
Date: 2012-09-26
Agency: Environmental Protection Agency
Notice is hereby given that the Environmental Protection Agency (EPA) has determined that in accordance with the provisions of the Federal Advisory Committee Act (FACA), 5 U.S.C. App.2, the Gulf of Mexico Citizen Advisory Committee (GMCAC) is a necessary committee which is in the public interest. Accordingly, the GMCAC is renewed for an additional two year period. The purpose of the GMCAC is to provide advice and recommendations to the Administrator of EPA on issues associated with plans to improve and protect the water quality and living resources of the Gulf of Mexico.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; The Washington County 2002 Base Year Inventory
Document Number: 2012-23698
Type: Proposed Rule
Date: 2012-09-26
Agency: Environmental Protection Agency
EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the State of Maryland State Implementation Plan (SIP) revision submitted by the State of Maryland, through the Maryland Department of the Environment (MDE), on June 6, 2008 for Washington County, Maryland. The emissions inventory is part of Maryland's June 6, 2008 SIP revision that was submitted to meet nonattainment requirements related to the Washington County nonattainment area (hereafter referred to as Washington County Area or Area) for Maryland's 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA is proposing to approve the 2002 base year PM2.5 emissions inventory for Washington County submitted by MDE in accordance with the requirements of the Clean Air Act (CAA).
Notice of Administrative Settlement Agreement for Recovery of Past Response Costs Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended
Document Number: 2012-23693
Type: Notice
Date: 2012-09-26
Agency: Environmental Protection Agency
In accordance with section 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), notice is hereby given that a proposed administrative settlement agreement for recovery of past response costs (``Proposed Agreement'') associated with the Browning Lumber Company Superfund Site, Boone County, West Virginia was executed by the Environmental Protection Agency (``EPA'') and is now subject to public comment, after which EPA may modify or withdraw its consent if comments received disclose facts or considerations that indicate that the Proposed Agreement is inappropriate, improper, or inadequate. The Proposed Agreement would resolve potential EPA claims under Section 107(a) of CERCLA, against Stephen C. Browning (``Settling Party''). The Proposed Agreement would require Settling Party to reimburse EPA $23,000.00 for past response costs incurred by EPA for the Site. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the Proposed Agreement. EPA's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103.
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Tennessee Valley Authority's Shawnee Fossil Plant; McCracken County, KY
Document Number: 2012-23690
Type: Notice
Date: 2012-09-26
Agency: Environmental Protection Agency
Pursuant to Clean Air Act (CAA) Section 505(b)(2), the EPA Administrator signed an Order, dated August 31, 2012, denying a petition to object to a CAA title V operating permit issued by the Kentucky Division for Air Quality (KDAQ) to Tennessee Valley Authority for its Shawnee Fossil Plant (SFP) facility located in West Paducah, Kentucky. This Order constitutes a final action on the petition dated February 28, 2011, and submitted by the Environmental Integrity Project and the Southern Alliance for Clean Energy (Petitioners). Pursuant to sections 307(b) and 505(b)(2) of the CAA, a petition for judicial review of those parts of the Order that deny the petition may be filed in the United States Court of Appeals for the appropriate circuit within 60 days from the date this notice is published in the Federal Register.
National Environmental Justice Advisory Council; Notice of Charter Renewal
Document Number: 2012-23588
Type: Notice
Date: 2012-09-26
Agency: Environmental Protection Agency
Approval and Promulgation of Implementation Plans; Alabama: General and Transportation Conformity & New Source Review Prevention of Significant Deterioration for Fine Particulate Matter (PM2.5
Document Number: 2012-23586
Type: Rule
Date: 2012-09-26
Agency: Environmental Protection Agency
EPA is taking final action to approve changes to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM) to EPA on May 2, 2011. The May 2, 2011, SIP revision modifies Alabama's New Source Review (NSR), Prevention of Significant Deterioration (PSD), and Nonattainment New Source Review (NNSR) programs to adopt into the Alabama SIP federal NSR PSD requirements for the fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) as promulgated in EPA's 2008 NSR PM2.5 Implementation Rule and the 2010 PM2.5 PSD Increment, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) Rule. The SIP revision also changes the State's general and transportation conformity regulations. EPA is approving portions of Alabama's May 2, 2011, SIP revision because they are consistent with the Clean Air Act (CAA or Act) and EPA regulations regarding NSR permitting. EPA received one off-topic comment on the August 6, 2012, proposed rulemaking, and a brief response is provided below.
Approval and Promulgation of Air Quality Implementation Plans; Maryland-Revision for the Control of Volatile Organic Compounds Emissions From Vehicle Refinishing
Document Number: 2012-23572
Type: Rule
Date: 2012-09-26
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland pertaining to ``Control of Volatile Organic Compounds Emissions from Vehicle Refinishing.'' The SIP revision establishes new volatile organic compounds (VOC) content limits and standards for coating and cleaning solvents used in vehicle refinishing. This action is being taken under the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans; Mississippi: New Source Review-Prevention of Significant Deterioration; Fine Particulate Matter (PM2.5
Document Number: 2012-23570
Type: Rule
Date: 2012-09-26
Agency: Environmental Protection Agency
EPA is taking final action to approve changes to the Mississippi State Implementation Plan (SIP), submitted by the Mississippi Department of Environmental Quality (MDEQ) Division of Air Pollution Control to EPA on May 12, 2011. The May 12, 2011, SIP revision modifies Mississippi's New Source Review (NSR) Prevention of Significant Deterioration (PSD) permitting regulations to incorporate by reference, into the Mississippi SIP, federal NSR PSD requirements for the fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) as promulgated in EPA's 2008 NSR PM2.5 Implementation Rule and the 2010 PM2.5 PSD Increment, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) Rule. EPA is approving portions of Mississippi's May 12, 2011, SIP revision because they are consistent with the Clean Air Act (CAA or Act) and EPA regulations regarding NSR permitting.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adhesives and Sealants Rule
Document Number: 2012-23568
Type: Rule
Date: 2012-09-26
Agency: Environmental Protection Agency
EPA is approving a revision to Pennsylvania's State Implementation Plan (SIP). The SIP revision was submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP) in order to include in the SIP amendments to relating to control of emissions of volatile organic compounds (VOCs) from the manufacture, sale, use, or application of adhesives, sealants, primers, and solvents. The SIP revision also includes amendments to the definitions in the general provisions in 25 Pa. Code. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).
Registration Review; Pesticide Dockets Opened for Review and Comment
Document Number: 2012-23520
Type: Notice
Date: 2012-09-26
Agency: Environmental Protection Agency
EPA is opening the public comment period for several 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 announces the Agency's intent not to open a registration review docket for bitertanol (case 8007), tridemorph (case 8009), and bethoxazin (case 5110). These pesticides do not currently have any actively registered pesticide products and are not, therefore, scheduled for review under the registration review program.
Halofenozide; Notice of Receipt of Requests To Voluntarily Cancel Pesticide Registrations and Terminate All Uses
Document Number: 2012-23517
Type: Notice
Date: 2012-09-26
Agency: Environmental Protection Agency
In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of request by registrants to voluntarily cancel pesticide registrations of all products containing the pesticide halofenozide. The requests would cancel all technical and end-use registrations and delete all halofenozide uses. The requests would terminate the last halofenozide products registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of these requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.
Cyazofamid; Pesticide Tolerances
Document Number: 2012-23355
Type: Rule
Date: 2012-09-26
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of cyazofamid in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes several established tolerances that are superseded by tolerances established by this regulation. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Cheyenne Light, Fuel & Power, Wygen II Power Plant
Document Number: 2012-23590
Type: Notice
Date: 2012-09-25
Agency: Environmental Protection Agency
This document announces that the EPA Administrator has responded to a citizen petition asking EPA to object to an operating permit issued by the Wyoming Department of Environmental Quality (WDEQ). Specifically, the Administrator has denied the August 4, 2011, Petition (Petition), submitted under title V of the Clean Air Act (Act) by WildEarth Guardians (Petitioner), to object to WDEQ's June 7, 2011 Permit (Permit) issued to Cheyenne Light, Fuel & Power (CLF&P) for their Wygen II power plant (Wygen II). Pursuant to sections 307(b) and 505(b)(2) of the Act, a petition for judicial review of those portions of the Order that deny issues in the Petition may be filed in the United States Court of Appeals for the appropriate circuit within 60 days from the date this notice appears in the Federal Register.
Proposed CERCLA Administrative Cost Recovery Settlement for the Buckbee-Mears Co. Superfund Site in Cortland, NY, Cortland County
Document Number: 2012-23587
Type: Notice
Date: 2012-09-25
Agency: Environmental Protection Agency
In accordance with Section 122 (h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Buckbee-Mears Co. Superfund Site located in Cortland, Cortland County, New York, (the ``Site'') with the State Bank of India, New York Branch (the ``Bank''). Pursuant to the settlement EPA will receive: (1) All funds in an escrow account with accrued interest (approximately $116,500); (2) Twenty-five percent of any funds the Bank collects from the principals of International Electron Devices (USA), LLC, the current owner and past operator of the Site at the time of disposal; and (3) A share of the proceeds from the sale of two parcels of land within the Site (``Properties'') following the Bank's foreclosure sale and distribution of certain amounts to the City of Cortland (``City'') and Cortland County (``County'') in settlement of their respective tax liens. The sales proceeds shall be distributed as follows: (a) The Bank will pay to the City the greater of $302,881 or 15% after the Bank is paid $150,000 attributable to the costs of marketing and selling the Properties; (b) The Bank will pay to the County $2,120; and (c) Any proceeds from the foreclosure sale remaining after the above payments will be distributed in proportion to the following lien amounts: (1) For EPA, $8,323.204; (2) for the Bank, $8,434,911; (3) for the City, $1,199,043 minus the greater of $302,881 or fifteen percent (15%) of the proceeds from the sale of the Properties. The settlement also includes a covenant not to sue the settling party pursuant to Sections 106 and 107(a) of CERCLA, for Existing Contamination, as defined in the settlement, at 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.
Disapproval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions To Open Burning Regulations
Document Number: 2012-23516
Type: Rule
Date: 2012-09-25
Agency: Environmental Protection Agency
EPA is disapproving a State Implementation Plan (SIP) revision submitted by the State of Utah on December 10, 1999. This revision to R307-202 Emission Standards: General Burning authorizes the State to extend the time period for open burning. EPA is disapproving the submitted revision because it does not meet the requirements of section 110(l) of the Clean Air Act (CAA). This action is being taken under section 110 of the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2012-23497
Type: Rule
Date: 2012-09-25
Agency: Environmental Protection Agency
EPA is approving submittals from the Commonwealth of Pennsylvania pursuant to the Clean Air Act (CAA). Whenever new or revised National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance and enforcement of such NAAQS. The plan is required to address basic program elements including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. Pennsylvania has made submittals addressing the infrastructure requirements for the 1997 8-hour ozone and fine particulate matter (PM2.5) NAAQS and the 2006 PM2.5 NAAQS. This action approves those submittals, or portions thereof.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control Technique Guidelines for Plastic Parts, Metal Furniture, Large Appliances, and Miscellaneous Metal Parts
Document Number: 2012-23495
Type: Rule
Date: 2012-09-25
Agency: Environmental Protection Agency
EPA is approving revisions to the Delaware State Implementation Plan (SIP) submitted by the State of Delaware through the Delaware Department of Natural Resources and Environmental Control (DNREC). The revisions amend Delaware's regulation for the Control of Volatile Organic Compounds (VOC) for sources covered by EPA's Control Techniques Guidelines (CTG) standards for the following categories: Plastic Parts, Metal Furniture, Large Appliances, and Miscellaneous Metal Parts. EPA is approving this SIP revision to meet the requirements to implement reasonably available control technology (RACT) controls on emission sources covered by EPA's CTGs in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans; Arizona; Nogales PM10
Document Number: 2012-23118
Type: Rule
Date: 2012-09-25
Agency: Environmental Protection Agency
EPA is approving 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 final action, EPA is approving 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.
Adequacy Status: South Carolina: Portion of York County, SC Within Charlotte-Gastonia-Rock Hill, NC-SC 1997 8-Hour Ozone Nonattainment Area; Maintenance Plan Motor Vehicle Emissions Budget for Transportation Conformity Purposes
Document Number: 2012-23493
Type: Notice
Date: 2012-09-24
Agency: Environmental Protection Agency
In this notice, EPA is notifying the public of its finding that the volatile organic compounds (VOC) and nitrogen oxides (NOX) motor vehicle emissions budget (MVEBs) for the portion of York County, South Carolina that is within the Charlotte-Gastonia- Rock Hill, North Carolina-South Carolina Area (hereafter referred to as the ``bi-state Charlotte Area'' or ``Area'') are adequate for transportation conformity purposes. These MVEBs are included in South Carolina's maintenance plan for the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS), submitted on June 1, 2011, by the South Carolina Department of Health and Environmental Control (SC DHEC). The South Carolina portion of the bi-state Charlotte Area is comprised of a portion of York County, South Carolina. On March 2, 1999, the District of Columbia Circuit Court ruled that submitted state implementation plans (SIPs) cannot be used for transportation conformity determinations until EPA has affirmatively found them adequate. As a result of EPA's finding, the South Carolina portion of the bi-state Charlotte Area must use the VOC and NOX MVEBs from the submitted maintenance plan for the Area for future conformity determinations.
State Program Requirements; Application To Administer Partial National Pollutant Discharge Elimination Program; Oklahoma
Document Number: 2012-23489
Type: Notice
Date: 2012-09-24
Agency: Environmental Protection Agency
The Oklahoma Department of Agriculture, Food and Forestry (ODAFF) has submitted to the Environmental Protection Agency (EPA) an application for authorization of the Agriculture Pollutant Discharge Elimination System (AgPDES) program pursuant to Section 402(b) of the Clean Water Act (CWA or ``the Act''). ODAFF seeks approval to administer a major category partial National Pollutant Discharge Elimination System (NPDES) permit program under Section 402(n)(3) of the Act for all discharges of pollutants into waters of the United States within its jurisdiction. Today, EPA is providing public notice of ODAFF's request for AgPDES program approval and of both a public hearing and public comment period on the State's program approval submission. EPA will either approve or disapprove authorization of the AgPDES program after considering all comments received. To View or Obtain Copies of Documents: Copies of ODAFF's program approval submission (referred to throughout this document as ODAFF's application) and all other documents in the official record are available for inspection from 9 a.m. to 4 p.m., Monday through Friday, excluding legal holidays, at EPA Region 6, 1445 Ross Ave., Dallas, Texas 75202. A copy of ODAFF's application is available online at the EPA Region 6 Web page http://www.epa.gov/region6/water/npdes/ok-daff/index.html. A paper copy of part of all of the State's application may be obtained from EPA Region 6 in Dallas for a cost of $0.15 per page.
Environmental Impacts Statements; Notice of Availability
Document Number: 2012-23354
Type: Notice
Date: 2012-09-21
Agency: Environmental Protection Agency
Flumioxazin; Pesticide Tolerances
Document Number: 2012-23352
Type: Rule
Date: 2012-09-21
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of flumioxazin in or on multiple commodities which are identified and discussed later in this document. Valent U.S.A. Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for the Wood Building Products Surface Coating Industry (Renewal)
Document Number: 2012-23286
Type: Notice
Date: 2012-09-21
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; State and Federal Emission Guidelines for Hospital/Medical/Infectious Waste Incinerators (Renewal)
Document Number: 2012-23282
Type: Notice
Date: 2012-09-21
Agency: Environmental Protection Agency
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.
Significant New Use Rules on Certain Chemical Substances
Document Number: 2012-23235
Type: Rule
Date: 2012-09-21
Agency: Environmental Protection Agency
EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 107 chemical substances which were the subject of premanufacture notices (PMNs). Eight of these chemical substances are subject to TSCA consent orders issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 107 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the New Hanover County Airport Burn Pit Superfund Site
Document Number: 2012-23153
Type: Rule
Date: 2012-09-20
Agency: Environmental Protection Agency
The Environmental Protection Agency Region 4 announces the deletion of the New Hanover County Airport Burn Pit Superfund Site (Site) located in Wilmington, North Carolina, 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). EPA and the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (DENR), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.
Approval and Promulgation of Implementation Plans; State of Missouri
Document Number: 2012-23133
Type: Proposed Rule
Date: 2012-09-20
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri on September 21, 2010. This revision proposes to amend the ambient air quality standards table to reflect revised National Ambient Air Quality Standards (NAAQS), update reference methods associated with the revised NAAQS, and update the breakpoint values for the Air Quality Index. These revisions would make Missouri's rules consistent with Federal regulations and improve the clarity of the rules.
Approval and Promulgation of Implementation Plans; State of Missouri
Document Number: 2012-23125
Type: Rule
Date: 2012-09-20
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Missouri State Implementation Plan (SIP) submitted September 21, 2010. This revision will amend the ambient air quality standards table to reflect revised National Ambient Air Quality Standards (NAAQS), update reference methods associated with the revised NAAQS, and update the breakpoint values for the Air Quality Index. These revisions make Missouri's rules consistent with Federal regulations and improve the clarity of the rules. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion
Document Number: 2012-23091
Type: Rule
Date: 2012-09-20
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is granting a petition submitted by ExxonMobil Refining and Supply Company (ExxonMobil) Baytown Refinery to exclude from hazardous waste control (or delist) a certain solid waste. This final rule responds to the petition submitted by ExxonMobil to have the F039 underflow water generated at the North Landfarm (NLF) in Baytown, Texas excluded, or delisted, from the definition of a hazardous waste. After careful analysis and evaluation of comments submitted by the public, the EPA has concluded that the petitioned wastes are not hazardous waste when disposed of in Subtitle D landfills. This exclusion applies to 7,427 cubic yards per year of the F039 underflow water. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when disposed of in Subtitle D landfills but imposes testing conditions to ensure that the future- generated wastes remain qualified for delisting.
Revisions to the California State Implementation Plan, San Diego County, Antelope Valley and Monterey Bay Unified Air Pollution Agencies
Document Number: 2012-21226
Type: Proposed Rule
Date: 2012-09-20
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the San Diego County Air Pollution Control District (SDCAPCD) and Monterey Bay Unified Air Pollution Control District (MBUAPCD) and Antelope Valley Air Quality Management District (AVAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from coating of metal containers, closures and coils and from graphic arts operations and the provision of sampling and testing facilities required for permitting and from adhesives and sealant applications. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, San Diego County, Antelope Valley and Monterey Bay Unified Air Pollution Agencies
Document Number: 2012-21221
Type: Rule
Date: 2012-09-20
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the San Diego County Air Pollution Control District (SDCAPCD), Monterey Bay Unified Air Pollution Control District (MBUAPCD) and Antelope Valley Air Quality Management District (AVAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from coating of metal containers, closures and coils, from graphic arts operations, from the provision of sampling and testing facilities required for permitting and from adhesives and sealant applications. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
Document Number: 2012-21218
Type: Rule
Date: 2012-09-20
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District. This action was published on June 13, 2012 and concerns volatile organic compound (VOC) emissions from the manufacture of polystyrene, polyethylene, and polypropylene products. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).