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

On February 29, 2012, the Ohio Environmental Protection Agency submitted a request for EPA to approve the redesignation of the Ohio portion of the Parkersburg-Marietta West Virginia-Ohio nonattainment area to attainment of the 1997 annual standard for fine particulate matter (PM2.5). EPA is proposing to approve Ohio's request. EPA is proposing to determine that the entire Parkersburg-Marietta area attains the 1997 annual PM2.5 standard, based on the most recent three years of certified air quality data. EPA is proposing to approve, as revisions to the Ohio State Implementation Plan (SIP), the state's plan for maintaining the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) through 2022 in the area. EPA is proposing to approve a 2005 emissions inventory for the Ohio portion of the Parkersburg-Marietta area as meeting the comprehensive emissions inventory requirement of the Clean Air Act (CAA or Act). Ohio's maintenance plan submission includes an insignificance finding for the mobile source contribution of PM2.5 and nitrogen oxides (NOX) to Ohio's portion of the Parkersburg-Marietta PM2.5 area for transportation conformity purposes; EPA agrees with this finding and proposes to determine the insignificance of the 2022 motor vehicle emission budget (MVEB) for the Ohio portion of the Parkersburg-Marietta area for transportation conformity purposes.

On February 16, 2012, pursuant to sections 111 and 112 of the Clean Air Act (CAA), the EPA published the final rules titled ``National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial- Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units.'' The National Emission Standards for Hazardous Air Pollutants (NESHAP) rule issued pursuant to CAA section 112 is referred to as the Mercury and Air Toxics Standards (MATS), and the New Source Performance Standards rule issued pursuant to CAA section 111 is referred to as the Utility NSPS. The Administrator received petitions for reconsideration of certain aspects of MATS and the Utility NSPS. In this notice, the EPA is announcing reconsideration of certain new source standards for MATS, the requirements applicable during periods of startup and shutdown for MATS, the startup and shutdown provisions related to the particulate matter (PM) standard in the Utility NSPS, and certain revisions to the definitional and monitoring provisions of the Utility NSPS. We are also proposing certain technical corrections to both MATS and the Utility NSPS. We seek comment only on the aspects of the final MATS and Utility NSPS rules specifically identified in this notice. We are not opening for reconsideration any other provisions of MATS or the Utility NSPS at this time.

During a review of Texas' regulations, the EPA identified a variety of State-initiated changes to Texas' hazardous waste program under the Resource Conservation and Recovery Act, as amended (RCRA), for which the State had not previously sought authorization. The EPA proposes to authorize the State for the program changes. In addition, the EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Texas' authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under RCRA.

Pursuant to section 304(a) of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) is announcing the availability of the 2012 Recreational Water Quality Criteria (RWQC). The document contains the EPA's recreational water quality criteria recommendations for protecting human health in ambient waters that are designated for primary contact recreation. CWA Section 304(a) water quality criteria recommendations are intended as guidance to States and authorized Tribes in developing water quality standards. The 2012 RWQC document describes the relevant scientific findings, explains how these findings were used to derive criteria for two indicators of fecal contamination (enterrococcus and E. coli) as measured by culture based test methods. On December 21, 2011, EPA made available draft national recommended recreational water quality criteria (2011 Draft RWQC) and provided the public an opportunity to provide scientific views. The 2012 RWQC differs from the current 1986 Ambient Water Quality Criteria in the following ways: the EPA recommends States use one of two sets of criteria values, and no longer recommends multiple ``use intensity'' values; the RWQC consist of both a geometric mean (GM) and a Statistical Threshold Value (STV); the RWQC are now comprised of a magnitude, a duration, and frequency of excursion for the GM and STV; the EPA introduces a rapid analytical technique for beach monitoring, quantitative polymerase chain reaction (qPCR), for the detection of enterococci in recreational water (EPA Method 1611; the EPA provides information on tools for evaluating and managing recreational waters, such as predictive modeling; the EPA is providing a beach action value for use in beach notification programs; and the EPA is providing tools for developing site-specific criteria. The CWA, as amended by the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000, directed the EPA to conduct studies associated with pathogens and human health under section 104(v), and to publish new or revised criteria for pathogens and pathogen indicators based on those studies under section 304(a)(9). The criteria announced today are the new or revised criteria that EPA is directed to publish under section 304(a)(9) of the CWA, as amended by the BEACH Act.

EPA is taking direct final action to approve a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Pennsylvania Department of Environmental Protection (PADEP). The SIP revision adds Section 2105.88Consumer Products from Allegheny County Health Department (ACHD) Rules and Regulations, Article XXI, Air Pollution Control to incorporate by reference 25 Pa. Code sections 130.201-130.471 (Consumer Products) of the PADEP Air Pollution Control Act. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

EPA is taking direct final action to approve a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Pennsylvania Department of Environmental Protection (PADEP). The SIP revision adds a regulation to control nitrogen oxides (NOX) emissions from glass melting furnaces to the Allegheny County Health Department (ACHD) Rules and Regulations. The ACHD regulation incorporates by reference the Pennsylvania regulations and related definitions for controlling NOX emissions from glass melting furnaces. The SIP revision is a regulation that will reduce emissions of NOX from glass melting furnaces. EPA is approving this SIP revision in accordance with the requirements of the Clean Air Act (CAA).

EPA is finalizing approval of revisions to the SJVUAPCD and SCAQMD portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on June 21, 2012 and concerns volatile organic compound (VOC) emissions from chipping and grinding activities, and composting operations. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

The EPA is finalizing a full approval of the Best Available Retrofit Technology (BART) determinations addressed in the Agency's May 25, 2012, proposed rulemaking action on a regional haze state implementation plan (SIP) submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP). These BART determinations were submitted to the EPA in a draft regional haze SIP on April 13, 2012, for parallel processing, and re-submitted in final form on September 17, 2012. Specifically, the portion of Florida's September 17, 2012, regional haze SIP that is being acted upon in this final action addresses some of the requirements of the Clean Air Act (CAA or Act) and the EPA's rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas (national parks and wilderness areas) caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. The EPA will take separate action at a later date to address the remainder of Florida's September 17, 2012, regional haze SIP.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. 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 the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

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

EPA is announcing the availability of a document titled, ``Third External Review Draft Integrated Science Assessment for Lead'' (EPA/600/R-10/075C). The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development as part of the review of the national ambient air quality standards (NAAQS) for lead (Pb). EPA is releasing this draft document to seek review by the Clean Air Scientific Advisory Committee (CASAC) and the public (meeting date and location to be specified in a separate Federal Register Notice). The draft document does not represent and should not be construed to represent any final EPA policy, viewpoint, or determination. EPA will consider any public comments submitted in response to this notice when revising the document.

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

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

EPA is making technical amendments to the Code of Federal Regulations (CFR) to reflect the Agency's March 1, 2012 final approvals of the California State Implementation Plans for attainment of the 1997 8-hour ozone National Ambient Air Quality Standards in the San Joaquin Valley and the South Coast Air Basin. These technical amendments correct the CFR to properly codify the California Air Resources Board's commitments to propose certain defined measures.

EPA published in the Federal Register of July 30, 2012, a final rule approving portions of the State Implementation Plan (SIP) revision submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP) on May 24, 2012, as demonstrating that the State met the SIP requirements of the Clean Air Act (CAA or the Act) for the 1997 8-hour ozone national ambient air quality standards (NAAQS). In that final rule, EPA approved Florida's infrastructure submission, provided to EPA on May 24, 2012, which included state statues to be incorporated into the SIP to address infrastructure requirements regarding state boards and emergency powers. While EPA discussed in the final rulemaking that it was taking action to approve certain state statues into the Florida SIP to address the state board requirements and emergency powers, EPA inadvertently did not list these state statues in the regulatory text of the July 30, 2012, final rule. Accordingly, this rulemaking corrects that inadvertent regulatory text omission.

EPA is finalizing approval of the Best Available Retrofit Technology (BART) requirements for the Eastman Chemical Company (Eastman) that were provided in a revision to the Tennessee State Implementation Plan (SIP) submitted by the State of Tennessee, through the Tennessee Department Environment and Conservation (TDEC), on April 4, 2008, as later modified and supplemented on May 14, 2012, and May 25, 2012. EPA previously proposed action on the BART requirements for Eastman in association with action on Tennessee's April 4, 2008, regional haze SIP revision. On April 24, 2012, EPA took final action on all aspects of the April 4, 2008, SIP revision to address regional haze in the State's and other states' Class I areas except for the BART requirements for Eastman. The May 14, 2012, SIP revision (as clarified in a May 25, 2012, SIP revision) changed the compliance date for the Eastman BART determination included in Tennessee's April 4, 2008, SIP revision and provided a BART alternative determination option for Eastman. EPA is finalizing approval of the BART requirements for Eastman, as provided in Tennessee's April 4, 2008, May 14, 2012, and May 25, 2012, SIP revisions because these SIP revisions are consistent with the regional haze provisions of the Clean Air Act (CAA) and EPA's regulations.

Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: https://www.epa.gov/ compliance/nepa/eisdata.html.

Due to the approval of certain terms that were not meant to be approved, EPA is withdrawing the October 1, 2012 direct final rule approving a revision to the Ohio State Implementation Plan (SIP). EPA will address the revision in a subsequent final action based upon the proposed rulemaking action, which was also published on October 1, 2012. EPA does not expect to institute a second comment period on this action.

The state of Colorado has applied to the EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA proposes to grant final authorization to the hazardous waste program changes submitted by the state of Colorado. In the ``Rules and Regulations'' section of this Federal Register, the EPA is authorizing the changes in a final rule. The EPA did not propose the rule prior to issuing the final rule because the Agency believes this action is not controversial and does not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the final rule. Unless we receive written comments that oppose this authorization during the comment period, the final rule will become effective on the date it establishes, and the EPA will not take further action on this proposal. If the Agency receives comments that oppose this action, the EPA will publish a document in the Federal Register withdrawing this rule before it takes effect. The EPA will then address public comments in a later, final rule, based on this proposal. Any parties interested in commenting on this action must do so at this time. The EPA may not provide further opportunity for comment.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit requests to renew several currently approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICRs are identified in this document by their corresponding titles, EPA ICR numbers, OMB Control numbers, and related docket identification (ID) numbers. Before submitting these ICRs to OMB for review and approval, EPA is soliciting comments on specific aspects of the information collection activities that are summarized in this document. The ICRs and accompanying material are available for public review and comment in the relevant dockets identified in this document for the ICR.

This notice announces the availability of EPA's final registration review decision for the pesticides tralomethrin and fenarimol. 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, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. 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.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit a request for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is entitled: ``Pesticide Spray Drift Reduction Technologies,'' and identified by EPA ICR No. 2472.01 and OMB Control No. 2070-NEW. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

EPA has authorized its contractor, Electronic Consulting Services, Inc. (ECS) of Fairfax, VA and its identified subcontractors, Cherokee Services Group of Catoosa, OK and Dell Services Federal Government of Fairfax, VA to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA) and section 7003 of the Resource Conservation and Recovery Act (RCRA), EPA is hereby providing notice of a proposed administrative de minimis settlement concerning the Casmalia Disposal Site in Santa Barbara County, California (the Casmalia Disposal Site). Section 122(g) of CERCLA provides EPA with the authority to enter into administrative de minimis settlements. This settlement is intended to resolve the liabilities of 290 settling parties for the Casmalia Disposal Site under sections 106 and 107 of CERCLA and section 7003 of RCRA. These parties are identified below. These parties have also elected to resolve their liability for response costs and potential natural resource damage claims by the United States Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA). These 290 parties sent 22,841,618 lbs. of waste to the Casmalia Disposal Site, which represents 0.004 (0.4%) of the total Site waste of 5.6 billion pounds. This settlement requires these parties to pay over $2 million to EPA. Settling Parties: Parties that have elected to settle their liability with EPA at this time are as follows: A Finkl & Sons Co., AAMCO Transmissions Incorporated, Abbott Laboratories, Ace Orthopedic Manufacturing, Inc., Active Magnetic Inspection, Inc., Acton-Agua Dulce Unified School District, Adventist Health, All Diameter Grinding Inc., Allied Pacific Metal Stamping, Alloys Cleaning Inc., Alzeta Corporation, Ambassador Auto, Amercom-Atlantic Research Corp, American Chemical Etching, American Magnetics Corporation, American Rubber Manufacturing, American Security Products Co., Anacapa Marine Services, Analogy Devices, Inc as Successor to Precision Monolithics, Analytical Systems, Division of Marion Labs, Anja Engineering Corporation, Antioch Unified School District, Apex Drum Company, Inc., APL Limited, Aratex Services, Inc., ARB, Inc., Architectural Plywood Inc., Arlon Products, Arnco, Asbury Oil Co., Associated Spring Corporation, Astro Plating, Atlas Radiator Service, Autologic Inc., Avantek,Babcock Inc., BASF Corporation, Bausch & Lomb, Beauman Trust/John L. Hunter & Associates, Better Bilt Aluminum, Big Creek Lumber Company, Blount International, Bonita Packing Co., Brown and Caldwell, Brunswick Corporation, Cal Doran, California Acrylic Industries, California Oil Recyclers, Calnap Tanning Co, Calstar Motors, Inc., Cal-Tron Plating, Caputo Associates, Cargill, Inc., Carter Precision Parts, Inc., Carter-Wallace Inc., Cascade Die Casting Group, Inc., Cate School, Certified Grocers, Chase Packaging Corporation, Chemrex Coatings Corporation, Children's Hospital of Los Angeles, CHM Manufacturing West, Inc., Chrome Nickel Plating, Circle Seal, City of Barstow, City of Buena Park, City of Chino, City of Costa Mesa, City of Glendale, City of Hope National Medical Center, City of Manteca, City of Ontario, City of Port Hueneme, City of San Rafael, City of Santa Fe Springs, Commercial Plating and Engineering Corporation, Inc., Concorde Interstate Battery Co., Connor Spring Manufacturing, Continental Heat Treating, Continental Manufacturing Co., Cook Paint Company, Cool Transports, Inc., Coral Chemical Company, Costco, County of Nevada, Crest Beverage, LLC, Crossfield Products Corporation, Crown Disposal Inc., Custom Chemical Formulators, Inc., Dayton-Granger, Inc., Del Mar Window Coverings, DeVincenci Metal Products, Inc., Disk Media, Inc., Downey Grinding, DuBois Chemicals, Dunn School, DV Industries, Inc., Dynacast Inc., Dynatech Corporation, Dynatem/R C Circuits, Eaz-Lift Spring Corporation, El Paso Electric Co., Electrolurgy, Inc., Electron Plating III, Inc., Electronic Chrome Co., Inc., Entenmann's/Orowheat, Eva Fkiaras, Evans Tank Lines, Exel Corp./Exel Microelectronics, Inc., Fabri Cote, Farmers Insurance Company, Feather River Forest Products Company, Federal Manufacturing Corporation, Fibre Container Corporation, Fifield Land Company, Film Salvage Company, Fontana Wood Preserving, Inc., Formica Corporation, Frito-Lay, Inc, Fritz Burns Foundation, FUJI Hunt USA, Future Foam, Gaehwiler M. Construction Inc., Garner Glass Company, GCG Corporation, General Chemical Corporation, Geophysical Service, Inc., Glenair, Inc., Gold Fields Operating Company, Golden State Foods Corporation, H.A. Luallen, Inc., H.G. Fenton Company, Hannibal Industries, Harbor Diesel and Equipment,Inc, Hartson's Ambulance Service, Hermetic Seal Corporation, Hill Refrigeration Corporation, Hi-Rel Connectors, Inc., Holt Inc., Hosokawa Micron International, Inc., House of Packaging, Humana, Inc., Hyundai Electronics America, International Rectifier Corporation, Irv Guinn, J.B. Dewar, Inc., James Jones Company, Johnson Controls, Inc, Kern High School District, Kern Oil & Refining Company, Keystone Automotive Industries, Inc., Kingsbacher-Murphy, Wesco Division, Lamsco West Inc., Layne Western, Leisure Village Association, Inc., Libby Owens Ford Co, Liquid Investment, Inc., Loctite Corporation, Lompoc Unified School District, Los Angeles Trade-Technical College, Lucas Valley Properties, Inc., Macklanburg-Duncan Company, MAPO, Maruichi America Corp, McDermott, Inc., MDT Biologic Company, Meggitt-USA, Mestek, Inc., MH Golden, Micro Metallics Corp, Micro Power Systems, Mid-State Industrial Insulation, Inc., Moshe Silagi, NCR Corporation, Neal Feay Company, Nelson Name Plate Company, NH3 Service Company, Inc., Norac Company, Nor-Cal Frozen Foods, Nortek Inc, Northern California Power Agency, Norton & Son of California, Nova Transportation Corp, Ojai Oil Company, O'Neil Data Systems, Inc., Orange Heights Orange Association, Oregon State University, Pacific Southwest Mortgage, Pacific Holding Company, Packaging Industries, Park Engineering and Manufacturing Co., Pebble Beach Company, Petaluma Joint Union High School District, Peterson Tractor Company, Pictsweet Company, Plastic Dress-Up Company, Polycore Electronics, Inc., Polymetrics Inc., Precision Tube Bending, Quest Diagnostics, Ramona's Mexican Food Products, RBC Bearings, Redman Equipment & Manufacturing Co, Redwood General Tire, Regillus Homeowners Association, Relton Corporation, Replacement Parts Manufacturing, Republic Fasteners Mfg. Corp, Reuland Electric Company, Reynolds & Reynolds Company, Richmond Honda, Rolls Scaffold & Equipment Inc., Rose Hills Memorial Park, Royal Paper Box Company, Royal Rubber & Manufacturing Company, S&K Plating, Inc., S. J. Amoroso Construction Co., Inc., SAE International, San Francisco Newspaper Agency, San Ysidro Ranch, Sandberg Furniture Mfg, Inc., Santa Barbara Metropolitan, Santa Clara Unified School District, Santa Clara Valley Water District, Santa Maria Ford, Santa Maria Valley Warehouse, Sav-On Plating, Schlumberger Well Service, Sealright Co., Inc., Sepulveda Building Materials, Sheller-Globe Corporation, Sierra Aluminum Company, Sierra Circuits, Inc., Signet Armorlite, Inc., Smith Brothers Crane Rental, Inc., Snap-on Industrial, Southern California Gardeners' Federation, Inc., Speedy Circuits, Inc., Stabile Plating Co. Inc., State of Hawaii, State of Oregon Department of Corrections, State of Oregon Department of Environmental Quality, Steiny and Company, Inc, Suburban Motel, Sullivan Standard, Sumiden Wire Products, Tailored Masonry of California, TCR Industries, Inc., Tension Envelope Corporation, Terminal Freezers, Inc., Textile Rubber, Textured Coatings of America, The Gainey Vineyard, The Kingsfords Product Company, Thomas Printing Ink, Thomson-CSF Components Corporation, Three D Service Company, Toby's Automotive, Trailer Train Co., Cal Pro Divison, Trident Plating Inc, Tri-Ex Tower Corporation, Trimm Industries, Truck Rail Handling, Inc., U.S. Chrome Corporation of California, U.S. Circuit, Inc., Universal Punch Corporation, University of Oregon, V&M Plating Company, Valley Circuits,Van Nuys Plating, Inc., Ventura County Star Free Press, Votaw Precision Technologies, Inc., W.A. Kruger Co., W.M. Lyles Co., W.R. Hatch Company, Wallenius Lines, Waltco, Wareham Development Corporation, Wells Fargo Bank, Western Digital Corporation, Western Metal Lath, William S. Hart Union High, School District, Wilsey Foods, Inc., Windowmaster Products, Inc., Woodward & Clyde Consultants, World Airways, Zep Manufacturing Co., Zephyr Mfg. Company.