Environmental Protection Agency September 5, 2012 – Federal Register Recent Federal Regulation Documents

Nonconformance Penalties for On-Highway Heavy-Duty Diesel Engines
Document Number: 2012-21967
Type: Rule
Date: 2012-09-05
Agency: Environmental Protection Agency
EPA is taking final action to establish nonconformance penalties (NCPs) for manufacturers of heavy heavy-duty diesel engines (HHDDE) in model years 2012 and later for emissions of oxides of nitrogen (NOX) because we have found the criteria for NCPs and the Clean Air Act have been met. The NOX standards to which these NCPs apply were established by a rule published on January 18, 2001. In general, NCPs allow a manufacturer of heavy-duty engines (HDEs) whose engines do not conform to applicable emission standards, but do not exceed a designated upper limit, to be issued a certificate of conformity upon payment of a monetary penalty to the United States Government. The upper limit associated with these NCPs is 0.50 grams of NOX per brake horsepower-hour (g/bhp-hr). This Final Rule specifies certain parameters that are entered into the preexisting penalty formulas along with the emissions of the engine and the incorporation of other factors to determine the amount a manufacturer must pay. Key parameters that determine the NCP a manufacturer must pay are EPA's estimated cost of compliance for a near worst-case engine and the degree to which the engine exceeds the emission standard (as measured from production engines). EPA proposed NCPs for medium heavy duty diesel engines. However, EPA is not taking final action with regard to NCPs for these engines at this time because EPA has not completed its review of the data and comments regarding these engines.
Dichlorvos (DDVP); Order Denying NRDC's Objections on Remand
Document Number: 2012-21844
Type: Rule
Date: 2012-09-05
Agency: Environmental Protection Agency
In this order, EPA denies an objection to a prior order denying a petition requesting that EPA revoke all pesticide tolerances for dichlorvos under section 408(d) of the Federal Food, Drug, and Cosmetic Act. The objection was filed on February 1, 2008, by the Natural Resources Defense Council (NRDC). The original petition was also filed by NRDC. Previously, in July 2008, EPA denied this same objection but the United States Court of Appeals for the Second Circuit vacated that decision, in part, and remanded the matter to EPA. This order is being issued in response to the court's remand.
Microorganisms; General Exemptions From Reporting Requirements; Revisions to Recipient Organisms Eligible for Tier I and Tier II Exemptions
Document Number: 2012-21843
Type: Proposed Rule
Date: 2012-09-05
Agency: Environmental Protection Agency
EPA received petitions to add Trichoderma reesei and Bacillus amyloliquefaciens to the list of microorganisms that may be used as recipient microorganisms in order to qualify for the exemption from full notification and reporting procedures under the Toxic Substances Control Act (TSCA) for new microorganisms that are being manufactured for introduction into commerce. Based on EPA's evaluation of these petitions, EPA has made a preliminary determination that certain strains of both microorganisms will not present an unreasonable risk of injury to health or the environment when used as a recipient microorganism provided that certain criteria for the introduced genetic material and the physical containment conditions are met. Therefore, EPA is proposing to add two additional microorganisms to the list of recipient microorganisms that are eligible for exemptions from full reporting for the manufacture (including import) of new microorganisms.
Proposed RCRA Prospective Purchaser Agreement, Order on Consent and Covenant Not To Sue for a Portion of the Delphi Flint West Site, a/k/a Chevy in the Hole in Flint, Genesee County, MI
Document Number: 2012-21841
Type: Notice
Date: 2012-09-05
Agency: Environmental Protection Agency
In accordance with the RCRA Prospective Purchaser Agreement, notice is hereby given of a proposed administrative settlement concerning a portion of the Delphi Flint West Site, a/k/a Chevy in the Hole in Flint, Michigan with the following settling party: The City of Flint. The settlement requires the Settling Party to conduct various actions at the Property including: Conducting a Phase 1 and Baseline Assessment of the Property; capping and enhancement of the existing cover over contaminated soils; planting of trees and other native vegetation; installing walkways; installing new groundwater monitoring wells and the performance of groundwater monitoring at new and existing wells; executing and recording a Declaration of Restrictive Covenant and providing access to the Property. The settlement includes a covenant not to sue the Settling Party pursuant to Sections 3008, 7003, or 9006 of RCRA, with respect to the Existing Contamination. Existing Contamination is defined as any Waste Material present or existing on or under the Property as of the Effective Date of the Settlement Agreement; any Waste Material that migrated from the Property prior to the Effective Date; and any Waste Material presently at the Site that migrates onto, on, under, or from the Property after the Effective Date. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the EPA, Region 5, Records Center, 77 W. Jackson Blvd., 7th Fl., Chicago, Illinois 60604.
Revisions of Five California Clean Air Act Title V Operating Permits Programs
Document Number: 2012-21683
Type: Rule
Date: 2012-09-05
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the Operating Permits (Title V) programs of the Monterey Bay Unified Air Pollution Control District (MBUAPCD), San Luis Obispo County Air Pollution Control District (SLOCAPCD), Santa Barbara County Air Pollution Control District (SBCAPCD), South Coast Air Quality Management District (SCAQMD), and Ventura County Air Pollution Control District (VCAPCD). We proposed these program revisions in the Federal Register on March 21, 2012. These revisions require sources with the potential to emit (PTE) of greenhouse gases (GHGs) above the thresholds in EPA's Tailoring Rule, which have not been previously subject to Title V for other reasons, to obtain a Title V permit. See ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule; Final Rule,'' (the Tailoring Rule) (75 FR 31514, June 3, 2010).
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