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

Section 610 Reviews of Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements; NESHAP: Reinforced Plastic Composites Production; and NPDES Permit Regulation and Effluent Limitations Guidelines Standards for Concentrated Animal Feeding Operations (CAFOs)
Document Number: 2012-26794
Type: Proposed Rule
Date: 2012-10-31
Agency: Environmental Protection Agency
This notice announces that EPA will review three regulatory actions pursuant to section 610 of the Regulatory Flexibility Act. Those three actions are: Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements (Heavy-Duty 610 Review); NESHAP: Reinforced Plastic Composites Production (Plastics 610 Review); and NPDES Permit Regulation and Effluent Limitations Guidelines Standards for CAFOs (CAFO 610 Review). As part of this review, EPA will consider and solicit comments on the following factors: The continued need for the rules; the nature of complaints or comments received concerning the rules; the complexity of the rules; the extent to which the rules overlap, duplicate, or conflict with other Federal, State, or local government rules; and the degree to which the technology, economic conditions or other factors have changed in areas affected by the rules.
Adequacy of Arizona Municipal Solid Waste Landfill Permit Program
Document Number: 2012-26792
Type: Notice
Date: 2012-10-31
Agency: Environmental Protection Agency
The Environmental Protection Agency Region IX will hold a public hearing concerning the agency's tentative determination to approve a modification to Arizona's municipal solid waste landfill (MSWLF) permit program to allow the State to issue research, development, and demonstration (RD&D) permits for new and existing MSWLF units and lateral expansions. EPA published its tentative determination on February 22, 2011 and offered an opportunity for a public hearing. Initially, EPA closed its comment period on April 25, 2011 and announced it would not hold a public hearing. Since that time, in response to public interest and updates to Arizona's RD&D permit program, EPA decided to hold a public hearing, extend the comment period through the date of the public hearing, and make available for public review the updated information submitted by Arizona in support of its RD&D program.
Agency Information Collection Activities; Proposed Collection; Comment Request; Part B Permit Application, Permit Modifications, and Special Permits
Document Number: 2012-26789
Type: Notice
Date: 2012-10-31
Agency: Environmental Protection Agency
The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Part B Permit Application, Permit Modifications, and Special Permits'' (EPA ICR No. 1573.13, OMB Control No. 2050-0009) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through February 28, 2013. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
Trifloxystrobin; Pesticide Tolerances
Document Number: 2012-26757
Type: Rule
Date: 2012-10-31
Agency: Environmental Protection Agency
This regulation amends tolerances for residues of trifloxystrobin in or on almond hulls; and Vegetable, root, except sugarbeet, subgroup 1B, except radish. Bayer CropScience requested amendments to these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County: Motor Vehicle Inspection
Document Number: 2012-26677
Type: Rule
Date: 2012-10-31
Agency: Environmental Protection Agency
EPA is finalizing approval of 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 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; 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 the Clean Air Act (the Act).
Notice of Receipt of Pesticide Products; Registration Applications To Register New Uses
Document Number: 2012-26652
Type: Notice
Date: 2012-10-31
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.
Residues of Fatty Acids, Tall-Oil, Ethoxylated Propoxylated; Tolerance Exemption
Document Number: 2012-26648
Type: Rule
Date: 2012-10-31
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of fatty acids, tall-oil, ethoxylated propoxylated; when used as an inert ingredient in a pesticide chemical formulation. Stephan Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of fatty acids, tall-oil, ethoxylated propoxylated on food or feed commodities.
Calcium Gluconate; Exemption From the Requirement of a Tolerance
Document Number: 2012-26523
Type: Rule
Date: 2012-10-31
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of calcium gluconate when used as an inert ingredient (sequestrant) in pesticide formulations applied to growing crops. ISK Biosciences Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of calcium gluconate.
Polymers; exemptions from the requirement of a tolerance.
Document Number: 2012-26521
Type: Rule
Date: 2012-10-31
Agency: Environmental Protection Agency
This regulation amends an exemption from the requirement of a tolerance for residues of [alpha]-([rho]-Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene); when used as an inert ingredient in a pesticide chemical formulation. Stephan Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of [alpha]- ([rho]-Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene) on food or feed commodities.
Determination of Attainment for the Yuba City-Marysville Nonattainment Area for the 2006 Fine Particle Standard; California; Determination Regarding Applicability of Clean Air Act Requirements
Document Number: 2012-26681
Type: Proposed Rule
Date: 2012-10-30
Agency: Environmental Protection Agency
EPA is proposing to determine that the Yuba City-Marysville nonattainment area in California has attained the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). This proposed determination is based upon complete, quality- assured, and certified ambient air monitoring data showing that this area has monitored attainment of the 2006 24-hour PM2.5 NAAQS based on the 2009-2011 monitoring period. EPA is further proposing that, if EPA finalizes this determination of attainment, the requirements for this area to submit an attainment demonstration, together with reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP and attainment deadlines shall be suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.
Proposed Consent Decree, Clean Air Act Citizen Suit
Document Number: 2012-26656
Type: Notice
Date: 2012-10-30
Agency: Environmental Protection Agency
In accordance with section 113(g) of the Clean Air Act, as amended (``CAA''), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Sierra Club in the United States District Court for the District of Columbia: Sierra Club v. Jackson, No. 1: 12- cv-00705 (CKK). On May 2, 2012, the Plaintiff filed a First Amended Complaint alleging that EPA failed to perform nondiscretionary duties under the Clean Air Act. Specifically, the Plaintiff alleged that EPA failed to take timely action to approve, disapprove, or approve in part and disapprove in part, pursuant to CAA, the state implementation plan (``SIP'') submission made by Oklahoma on July 16, 2010, that is captioned ``Excess Emissions Reporting Requirements'' (referred to herein as ``OK SIP''). The proposed consent decree establishes deadlines for EPA to take proposed and final action on the OK SIP. The proposed consent decree also provides that once EPA has completed the actions specified in the decree the case will be dismissed with prejudice.
Senior Executive Service Performance Review Board; Membership
Document Number: 2012-26655
Type: Notice
Date: 2012-10-30
Agency: Environmental Protection Agency
Notice is hereby given of the membership of the U.S. Environmental Protection Agency Performance Review Board for 2012.
Determination of Attainment for the Nogales Nonattainment Area for the 2006 Fine Particle Standard; Arizona; Determination Regarding Applicability of Clean Air Act Requirements
Document Number: 2012-26651
Type: Proposed Rule
Date: 2012-10-30
Agency: Environmental Protection Agency
EPA is proposing to determine that the Nogales nonattainment area in Arizona has attained the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). This proposed determination is based upon complete, quality-assured, and certified ambient air monitoring data showing that the area has monitored attainment of the 2006 24-hour PM2.5 NAAQS based on the 2009-2011 monitoring period. EPA is further proposing that, if EPA finalizes this determination of attainment, the requirements for the area to submit an attainment demonstration, together with reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP and attainment deadlines shall be suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.
Determination of Attainment for the Chico Nonattainment Area for the 2006 Fine Particle Standard; California; Determination Regarding Applicability of Clean Air Act Requirements
Document Number: 2012-26629
Type: Proposed Rule
Date: 2012-10-30
Agency: Environmental Protection Agency
EPA is proposing to determine that the Chico nonattainment area in California has attained the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). This proposed determination is based upon complete, quality-assured, and certified ambient air monitoring data showing that this area has monitored attainment of the 2006 24-hour PM2.5 NAAQS based on the 2009-2011 monitoring period. EPA is further proposing that, if EPA finalizes this determination of attainment, the requirements for this area to submit an attainment demonstration, together with reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP and attainment deadlines shall be suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; EPA's Design for the Environment (DfE) Partner of the Year Awards Program
Document Number: 2012-26612
Type: Notice
Date: 2012-10-30
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: EPA's Design for the Environment (DfE) Partner of the Year Awards Program; EPA ICR No. 2450.01, OMB No. 2070-NEW. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Tier 1 Screening of Certain Chemicals Under the Endocrine Disruptor Screening Program (EDSP) (Renewal)
Document Number: 2012-26611
Type: Notice
Date: 2012-10-30
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. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Deferral for CO2
Document Number: 2012-26539
Type: Rule
Date: 2012-10-30
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the Virginia Department of Environmental Quality (VADEQ) on December 14, 2011. This revision defers until July 21, 2014 the application of the Prevention of Significant Deterioration (PSD) permitting requirements to biogenic carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources in the Commonwealth of Virginia. This action is being taken under the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; The 2002 Base Year Emissions Inventory for the Washington DC-MD-VA Nonattainment Area for the 1997 Fine Particulate Matter National Ambient Air Quality Standard
Document Number: 2012-26530
Type: Rule
Date: 2012-10-30
Agency: Environmental Protection Agency
EPA is approving the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the District of Columbia State Implementation Plan (SIP) revision submitted by the District of Columbia, through the District Department of the Environment (DDOE), on April 2, 2008. The emissions inventory is part of the April 2, 2008 SIP revision that was submitted to meet nonattainment requirements related to the District of Columbia's portion of the Washington DC-MD-VA nonattainment area (hereafter referred to as DC Area or Area) for the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA is approving the 2002 base year PM2.5 emissions inventory in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Determination of Attainment of the One-Hour Ozone Standard for the Portsmouth-Dover-Rochester and Manchester Areas
Document Number: 2012-26524
Type: Rule
Date: 2012-10-30
Agency: Environmental Protection Agency
The EPA is making four separate and independent air quality determinations for two areas in New Hampshire. First, EPA is determining that the Portsmouth-Dover-Rochester, New Hampshire serious one-hour ozone nonattainment area met the applicable deadline of November 15, 1999, for attaining the revoked one-hour National Ambient Air Quality Standard (NAAQS) for ozone. Second, EPA is determining that the Portsmouth-Dover-Rochester area has attained the one-hour ozone standard since 1999, and continues to attain the standard. Third, with respect to the Manchester, New Hampshire marginal one-hour ozone nonattainment area, EPA is determining that the area attained the one- hour ozone NAAQS by the applicable deadline of November 15, 1993. Fourth, with respect to the Manchester area, EPA is determining that the area has attained the one-hour ozone NAAQS since 1993, and continues to attain the standard.
Determination of Attainment for the San Francisco Bay Area Nonattainment Area for the 2006 Fine Particle Standard; California; Determination Regarding Applicability of Clean Air Act Requirements
Document Number: 2012-26528
Type: Proposed Rule
Date: 2012-10-29
Agency: Environmental Protection Agency
EPA is proposing to determine that the San Francisco Bay Area nonattainment area in California has attained the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). This proposed determination is based upon complete, quality- assured, and certified ambient air monitoring data showing that this area has monitored attainment of the 2006 24-hour PM2.5 NAAQS based on the 2009-2011 monitoring period. EPA is further proposing that, if EPA finalizes this determination of attainment, the requirements for this area to submit an attainment demonstration, together with reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP and attainment deadlines shall be suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.
Farm, Ranch, and Rural Communities Committee
Document Number: 2012-26527
Type: Notice
Date: 2012-10-29
Agency: Environmental Protection Agency
EPA announced in the Federal Register on October 3, 2012 [FRL- 9737-3] a Farm, Ranch, and Rural Communities Committee (FRRCC) Teleconference to be held on October 22, 2012. Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of cancellation of that public meeting for the Farm, Ranch, and Rural Communities Committee (FRRCC). The FRRCC provides policy advice, information, and recommendations to the EPA Administrator on a range of environmental issues and policies that are of importance to agriculture and rural communities. The purpose of this teleconference was to discuss specific topics of relevance for consideration by the Committee in order to provide advice and insights to the Agency on environmental policies and programs that affect and engage agriculture and rural communities.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule Revision
Document Number: 2012-26522
Type: Proposed Rule
Date: 2012-10-29
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC). This revision pertains to EPA's greenhouse gas (GHG) permitting provisions as promulgated on June 3, 2010. This action is being taken under the Clean Air Act (CAA).
Reissuance of the NPDES General Permits for Oil and Gas Exploration Facilities on the Outer Continental Shelf and Contiguous State Waters in the Beaufort Sea and on the Outer Continental Shelf in the Chukchi Sea, AK
Document Number: 2012-26518
Type: Notice
Date: 2012-10-29
Agency: Environmental Protection Agency
The Director, Office of Water and Watersheds, EPA Region 10, is publishing this notice of availability of the final National Pollutant Discharge Elimination System (NPDES) General Permits for Oil and Gas Exploration Facilities on the Outer Continental Shelf and Contiguous State Waters in the Beaufort Sea (Permit No. AKG282100) and on the Outer Continental Shelf in the Chukchi Sea (Permit No. AKG288100). The Beaufort and Chukchi general permits authorize thirteen types of discharges from facilities engaged in field exploration and exploratory drilling activities under the Offshore Subcategory of the Oil and Gas Extraction Point Source Category (40 CFR part 425, Subpart A), as authorized by Section 402 of the Clean Water Act (CWA or ``the Act''), 33 U.S.C. 1342. The Beaufort and Chukchi general permits contain effluent limitations and requirements that ensure the discharges will not cause unreasonable degradation of the marine environment, as required by Section 403(c) of the Clean Water Act (i.e. the Ocean Discharge Criteria), 33 U.S.C. 1343(c).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Fredericksburg 8-Hour Ozone Maintenance Area Revision to Approved Motor Vehicle Emissions Budgets
Document Number: 2012-26403
Type: Rule
Date: 2012-10-29
Agency: Environmental Protection Agency
EPA is approving the Commonwealth of Virginia's State Implementation Plan (SIP) revision submitted by the Virginia Department of Environmental Quality (VADEQ) on September 26, 2011. The SIP revision updates the 2009 and 2015 motor vehicle emission budgets (MVEBs) in the Fredericksburg 8-Hour Ozone Maintenance Area (Fredericksburg Area) by replacing the previously approved MVEBs with budgets developed using EPA's Motor Vehicle Emissions Simulator emissions model (MOVES2010a). The revised MVEBs continue to demonstrate maintenance of the 1997 8-hour national ambient air quality standard (NAAQS) for ozone. This action is being taken under the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Attainment Demonstration for the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area
Document Number: 2012-26394
Type: Rule
Date: 2012-10-29
Agency: Environmental Protection Agency
EPA is approving the attainment demonstration portion of the attainment plan submitted by the State of Maryland as a State Implementation Plan (SIP) revision. The Maryland SIP revision demonstrates attainment of the 1997 8-hour ozone national ambient air quality standard (NAAQS) for the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE moderate nonattainment area (Philadelphia Area) by the applicable attainment date of June 2011. EPA is approving the SIP revision in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Amendments to West Virginia's Ambient Air Quality Standards
Document Number: 2012-26390
Type: Rule
Date: 2012-10-29
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the West Virginia State Implementation Plan (SIP). The revision pertains to amendments of West Virginia's Legislative Rule, 45 CSR 8- Ambient Air Quality Standards. The amendments change the effective date of the incorporation by reference of the National Ambient Air Quality Standards (NAAQS) for sulfur oxides, nitrogen dioxide, lead, particulate matter and carbon monoxide as well as their monitoring reference and equivalent methods. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Amendments to West Virginia's Ambient Air Quality Standards
Document Number: 2012-26389
Type: Proposed Rule
Date: 2012-10-29
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of West Virginia for the purpose of establishing amendments to Legislative Rule, 45 CSR 8Ambient Air Quality Standards. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because EPA views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Approval and Promulgation of Air Quality Implementation Plans; Illinois; Indiana; Michigan; Minnesota; Ohio; Wisconsin; Infrastructure SIP Requirements for the 2006 PM2.5
Document Number: 2012-26289
Type: Rule
Date: 2012-10-29
Agency: Environmental Protection Agency
EPA is taking final action to approve most elements, and disapprove narrow portions of other elements, of State Implementation Plan (SIP) submissions by Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin regarding the infrastructure requirements of the Clean Air Act (CAA) for the 2006 24-hour fine particle national ambient air quality standards (2006 PM2.5 NAAQS). The infrastructure requirements are designed to ensure that the structural components of each State's air quality management program are adequate to meet the State's responsibilities under the CAA. EPA is also taking final action to approve portions of a submission from Indiana addressing EPA's requirements for its new source review (NSR) and prevention of significant deterioration (PSD) program. The proposed rulemaking was published on August 2, 2012. During the comment period, which ended on September 4, 2012, EPA received five comment letters. The concerns raised in these letters, as well as EPA's responses, will be addressed in this final action.
Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act
Document Number: 2012-26432
Type: Notice
Date: 2012-10-26
Agency: Environmental Protection Agency
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), notice is hereby given of a proposed administrative settlement concerning the Gulf State UtilitiesNorth Ryan Street Superfund Site, Lake Charles, Calcasieu Parish, Louisiana. The settlement requires the two (2) settling parties to pay a total of $275,000.00 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. 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 1445 Ross Avenue, Dallas, Texas 75202-2733.
Missouri: Final Authorization of State Hazardous Waste Management Program Revisions
Document Number: 2012-26430
Type: Rule
Date: 2012-10-26
Agency: Environmental Protection Agency
The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize states to operate their hazardous waste management programs in lieu of the Federal program. Missouri has applied to EPA for final authorization of the changes to its hazardous waste program under RCRA. 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.
Missouri: Authorization of State Hazardous Waste Management Program Revisions
Document Number: 2012-26427
Type: Proposed Rule
Date: 2012-10-26
Agency: Environmental Protection Agency
Missouri has applied to EPA for final authorization for the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Missouri.
Access by EPA Contractors To Confidential Business Information Related to the Greenhouse Gas Reporting Program
Document Number: 2012-26425
Type: Notice
Date: 2012-10-26
Agency: Environmental Protection Agency
EPA's Office of Atmospheric Programs plans to authorize the contractors named in this notice to access information submitted to EPA under the Greenhouse Gas Reporting Program that may be designated or claimed as confidential business information. Contractor access to this information will begin no sooner than November 6, 2012.
Determination of Attainment for the Sacramento Nonattainment Area for the 2006 Fine Particle Standard; California; Determination Regarding Applicability of Clean Air Act Requirements
Document Number: 2012-26417
Type: Proposed Rule
Date: 2012-10-26
Agency: Environmental Protection Agency
EPA is proposing to determine that the Sacramento nonattainment area in California has attained the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). This proposed determination is based upon complete, quality- assured, and certified ambient air monitoring data showing that this area has monitored attainment of the 2006 24-hour PM2.5 NAAQS based on the 2009-2011 monitoring period. EPA is further proposing that, if EPA finalizes this determination of attainment, the requirements for this area to submit an attainment demonstration, together with reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP and attainment deadlines shall be suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.
Additional Air Quality Designations for the 2006 24-Hour Fine Particle National Ambient Air Quality Standards
Document Number: 2012-26405
Type: Rule
Date: 2012-10-26
Agency: Environmental Protection Agency
The EPA is taking final action to establish the initial 2006 24-hour fine particle (PM2.5) national ambient air quality standards (NAAQS) air quality designations for the Ak-Chin Indian Community located in Pinal County, Arizona, and the Gila River Indian Community located in Pinal County and Maricopa County, Arizona. On November 13, 2009, and February 3, 2011, the EPA promulgated air quality designations nationwide for all but these two areas for the 2006 24-hour PM2.5 NAAQS. The EPA deferred initial PM2.5 air quality designations for the Ak-Chin Indian Community and the Gila River Indian Community in the earlier promulgated designations.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Delaware County (Muncie), Indiana Ozone Maintenance Plan Revision To Approved Motor Vehicle Emissions Budgets
Document Number: 2012-26384
Type: Proposed Rule
Date: 2012-10-26
Agency: Environmental Protection Agency
EPA is proposing to approve Indiana's request to revise the Delaware County, Indiana 1997 8-hour ozone maintenance air quality State Implementation Plan (SIP) by replacing the previously approved motor vehicle emissions budgets (budgets) with budgets developed using EPA's Motor Vehicle Emissions Simulator (MOVES) 2010a emissions model. Indiana submitted this request to EPA for parallel processing with a letter dated June 15, 2012, and followed up with a final submittal after the State public comment period ended on July 18, 2012.
Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Wyoming
Document Number: 2012-26382
Type: Notice
Date: 2012-10-26
Agency: Environmental Protection Agency
This notice announces EPA's approval of the State of Wyoming's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.
2012 Fall Joint Meeting of the Ozone Transport Commission and the Mid-Atlantic Northeast Visibility Union
Document Number: 2012-26381
Type: Notice
Date: 2012-10-26
Agency: Environmental Protection Agency
The United States Environmental Protection Agency is announcing the joint 2012 Fall Meeting of the Ozone Transport Commission (OTC) and the Mid-Atlantic Northeast Visibility Union (MANE- VU). The meeting agenda will include topics regarding reducing ground- level ozone precursors and matters relative to Regional Haze and visibility improvement in Federal Class I areas in a multi-pollutant context.
Environmental Impacts Statements; Notice of Availability
Document Number: 2012-26377
Type: Notice
Date: 2012-10-26
Agency: Environmental Protection Agency
Approval and Promulgation of Implementation Plans; California; Revisions to the California State Implementation Plan Pesticide Element
Document Number: 2012-26311
Type: Rule
Date: 2012-10-26
Agency: Environmental Protection Agency
EPA is approving several revisions to the Pesticide Element of the California state implementation plan (SIP). These revisions include regulations adopted by the California Department of Pesticide Regulation (CDPR) that: Reduce volatile organic compound (VOC) emissions from the application of agricultural field fumigants in the South Coast, Southeast Desert, Ventura County, San Joaquin Valley (SJV), and Sacramento Metro ozone nonattainment areas by restricting fumigant application methods; establish a fumigant emission limit and allocation system for Ventura County; require CDPR to prepare and make available to the public an annual pesticide VOC emissions inventory report; and require recordkeeping and reporting of pesticide usage. EPA is also approving CDPR's commitments to manage VOC emissions from the use of agricultural and commercial structural pesticides in the SJV to ensure that they do not exceed 18.1 tons per day and to implement restrictions on VOC emissions in the SJV from non-fumigant pesticides by 2014. We are approving these regulations and commitments as complying with applicable requirements of the Clean Air Act. Lastly, EPA is finalizing its response to remands by the Ninth Circuit Court of Appeals of EPA's previous approvals of the California SIP Pesticide Element.
Approval of Air Quality Implementation Plans; California; San Joaquin Valley Unified Air Pollution Control District; Prevention of Significant Deterioration
Document Number: 2012-26294
Type: Rule
Date: 2012-10-26
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action under section 110 of the Clean Air Act (CAA or Act) to approve a State Implementation Plan (SIP) revision for the San Joaquin Valley Unified Air Pollution Control District (District) portion of the California SIP. This SIP revision incorporates District Rule 2410 Prevention of Significant Deterioration (PSD)into the California SIP to establish a PSD permit program for pre-construction review of certain new and modified major stationary sources in attainment or unclassifiable areas. EPA is approving this SIP revision because Rule 2410 provides an adequate PSD permitting program as required by section 110 and part C of title I of the CAA.
Extension of the Comment Period for the Proposed Standards of Performance for Stationary Gas Turbines; Standards of Performance for Stationary Combustion Turbines
Document Number: 2012-26206
Type: Proposed Rule
Date: 2012-10-26
Agency: Environmental Protection Agency
The EPA is announcing that the period for providing public comments on the August 29, 2012, proposed rule titled, ``Standards of Performance for Stationary Gas Turbines; Standards of Performance for Stationary Combustion Turbines'' is being extended for 60 days.
National Environmental Justice Advisory Council; Notification of Public Teleconference Meeting and Public Comment
Document Number: 2012-26321
Type: Notice
Date: 2012-10-25
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) hereby provides notice in agreement with the Federal Advisory Committee Act, that the National Environmental Justice Advisory Council (NEJAC) will host a public teleconference meeting on Wednesday, November 14, 2012, from 2:00 p.m. to 4:00 p.m. Eastern Time. The primary topics of discussion will be: Proposed Recommendations for Fostering Environmental Justice for Tribes and Indigenous Peoples. Enhancing Public Engagement and Environmental Justice into Permitting. Revisions to the NEJAC Model Plan for Public Participation. There will be a public comment period from 2:15 p.m. to 2:45 p.m. Eastern Time. Members of the public are encouraged to provide comments relevant to the topics of the meeting. For additional information about registering to attend the meeting or to provide public comment, please see the ``REGISTRATION'' and SUPPLEMENTARY INFORMATION sections below. Due to a limited number of telephone lines, attendance will be on a first-come basis. Pre- registration is required. Registration for the teleconference meeting closes at 12:00 p.m. Eastern Time on Friday, November 9, 2012. The deadline to sign up to speak during the public comment period, or to submit written public comments, is also Friday, November 9, 2012.
Finding of Substantial Inadequacy of Implementation Plan; Call for California State Implementation Plan Revision; South Coast; Reopening of Comment Period
Document Number: 2012-26286
Type: Proposed Rule
Date: 2012-10-25
Agency: Environmental Protection Agency
EPA is reopening the public comment period for a proposal published in the Federal Register on September 19, 2012. In that action, in response to a remand by the Ninth Circuit Court of Appeals, and pursuant to the Clean Air Act, EPA proposed to find that the California State Implementation Plan (SIP) for the Los Angeles-South Coast Air Basin (South Coast) is substantially inadequate to comply with the obligation to adopt and implement a plan providing for attainment of the 1-hour ozone standard. If EPA finalizes this proposed finding of substantial inadequacy as proposed, California would be required revise its SIP to correct these deficiencies within 12 months of the effective date of our final rule. Two commentors requested an extension of the comment period for this proposed rulemaking. EPA is now reopening the public comment period.
National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources
Document Number: 2012-26285
Type: Rule
Date: 2012-10-25
Agency: Environmental Protection Agency
On January 30, 2012, the EPA published in the Federal Register a proposed rule reconsidering certain provisions in the final National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources (CMAS) that was promulgated on October 29, 2009. The compliance date for the final CMAS rule is October 29, 2012. However, the EPA is still in the process of finalizing the reconsideration action. For this reason, a short stay of the final CMAS rule pending completion of the reconsideration action is warranted. Pursuant to the Clean Air Act, the EPA is staying until December 24, 2012 the final CMAS rule.
Revisions to the California State Implementation Plan, Mojave Desert Air Quality Management District
Document Number: 2012-26212
Type: Rule
Date: 2012-10-25
Agency: Environmental Protection Agency
EPA is finalizing a limited approval and limited disapproval of revisions to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on February 28, 2012 and concerns oxides of nitrogen (NOX) emissions from stationary gas turbines. Under authority of the Clean Air Act (CAA or the Act), this action simultaneously approves a local rule that regulates these emission sources and directs California to correct rule deficiencies.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; New Hampshire; Redesignation of the Southern New Hampshire 1997 8-Hour Ozone Nonattainment Area
Document Number: 2012-26210
Type: Proposed Rule
Date: 2012-10-25
Agency: Environmental Protection Agency
EPA is proposing to approve: the State of New Hampshire's request to redesignate the Boston-Manchester-Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area to attainment for the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS); a State Implementation Plan (SIP) revision containing a 10-year maintenance plan for this area; a 2008 comprehensive emissions inventory for the area; and new motor vehicle emissions budgets (MVEBs) for the years 2008 and 2022 that are contained in the 10-year ozone maintenance plan for this area. Finally, EPA is proposing to withdraw the SIP-approved 2009 MVEBs and replace them with the 2008 MVEBs included in the maintenance plan.
Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State Implementation Plan (SIP); Antibacksliding of Major NSR SIP Requirements for the One-Hour Ozone National Ambient Air Quality Standards (NAAQS); Major Nonattainment NSR (NNSR) SIP Requirements for the 1997 Eight-Hour Ozone NAAQS; and Major NSR Reform Program
Document Number: 2012-26094
Type: Rule
Date: 2012-10-25
Agency: Environmental Protection Agency
EPA is approving revisions to the SIP for the State of Texas that relate to antibacksliding of Major NSR SIP Requirements for the one-hour ozone NAAQS; Major NNSR SIP requirements for the 1997 eight- hour ozone NAAQS; Major NSR Reform Program with Plantwide Applicable Limit (PAL) provisions; and non-PAL aspects of the Major NSR SIP requirements, because these changes comply with the Federal Clean Air Act (the Act or CAA) and EPA regulations and are consistent with EPA policies. Texas submitted revisions to these programs in two separate SIP submittals on March 11, 2011. On August 29, 2012, Texas submitted SIP revisions (adopted July 25, 2012) that it had previously proposed February 22, 2012, for parallel processing. On May 3, 2012, Texas provided a letter to EPA which included a demonstration showing how its submitted rules are at least as stringent as the Federal NSR Reform Program. EPA proposed approval of these revisions on June 20, 2012. Today, EPA is approving the two SIP revisions submitted March 11, 2011; the revisions submitted August 29, 2012; and the May 3, 2012, letter as part of the Texas NSR SIP. EPA is approving these provisions under section 110 and parts C and D of the Act.
Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5
Document Number: 2012-25978
Type: Rule
Date: 2012-10-25
Agency: Environmental Protection Agency
The EPA is issuing a final rule that revises the definition of ``regulated NSR pollutant'' contained in two sets of Prevention of Significant Deterioration (PSD) regulations and in the EPA's Emission Offset Interpretative Ruling. The revision corrects an inadvertent error made in 2008 when the EPA issued its rule to implement the New Source Review (NSR) program for fine particles with an aerodynamic diameter of less than or equal to 2.5 micrometers (PM2.5). This revision removes a general requirement in the definition of ``regulated NSR pollutant'' to include condensable PM when measuring one of the emissions-related indicators for particulate matter (PM) known as ``particulate matter emissions'' in the context of the PSD and NSR regulations. However, the rule preserves the requirement in some particular cases to include condensable PM in measurements of ``particulate matter emissions'' as required by other regulations. In addition, measurement of condensable PM continues to be required in all cases for two other emissions-related indicators for emissions of PM emissions of particles with an aerodynamic diameter of less than or equal to 10 micrometers (PM10 emissions) and PM2.5 emissions.
Approval and Promulgation of Implementation Plans; Georgia 110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2012-25855
Type: Rule
Date: 2012-10-25
Agency: Environmental Protection Agency
EPA is taking final action to approve the State Implementation Plan (SIP) submissions, submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (EPD), as demonstrating that the State meets the SIP requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS), with noted exceptions. Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by the EPA, which is commonly referred to as an ``infrastructure'' SIP. Georgia certified that the Georgia SIP contains provisions that ensure the 1997 annual and 2006 24-hour PM2 NAAQS are implemented, enforced, and maintained in Georgia (hereafter referred to as ``infrastructure submission''). Georgia's infrastructure submissions, provided to EPA on July 23, 2008, and supplemented on September 9, 2008 and October 21, 2009, address all the required infrastructure elements for the 1997 annual and 2006 24- hour PM2 NAAQS. In addition, EPA is clarifying an inadvertent error included in the proposed approval for this rule.
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