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

The EPA is announcing an extension of the public comment period for the proposed rule titled ``Greenhouse Gas Reporting Program: Proposed Amendments and Confidentiality Determinations for Subpart I.'' In addition, the EPA is notifying the public that additional documentation related to this proposed rule was entered into the docket on November 8, 2012.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Tips and Complaints Regarding Environmental Violations'' (EPA ICR No. 2219.04, OMB Control No. 2020- 0032) 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 March 31, 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.

On February 12, 2012, the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), submitted a request to redesignate the Kentucky portion of the tri-state Huntington-Ashland, West Virginia-Kentucky-Ohio fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Huntington-Ashland Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 National Ambient Air Quality Standards (NAAQS) and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Kentucky portion of the Huntington-Ashland Area. The Huntington-Ashland Area is comprised of Boyd County and a portion of Lawrence County in Kentucky; Lawrence and Scioto Counties and portions of Adams and Gallia Counties in Ohio; and Cabell and Wayne Counties and a portion of Mason County in West Virginia. EPA is proposing to approve the redesignation request and the related SIP revision for Boyd and Lawrence Counties in Kentucky, including the Commonwealth's plan for maintaining attainment of the PM2.5 standard in the Kentucky portion of the Huntington-Ashland Area. EPA is also proposing to approve the on-road motor vehicle insignificance finding for direct PM2.5 and nitrogen oxides (NOX) for the Kentucky portion of the Huntington-Ashland Area. On May 4, 2011, and June 30, 2011, respectively, Ohio and West Virginia submitted requests to redesignate their portions of the Area to attainment for the 1997 Annual PM2.5 NAAQS. EPA is taking action on the requests from Ohio and West Virginia separately from these proposed actions.

Pursuant to the Federal Advisory Committee Act, the Environmental Protection Agency's (EPA's) Office of Pesticide Programs is giving notice that a public meeting of the Pesticide Program Dialogue Committee (PPDC) is scheduled for November 29-30, 2012. A draft agenda is under development and will be posted by November 16, 2012. Three PPDC workgroup meetings are scheduled to meet on November 28, 2012, as follows: PPDC Work Group on Integrated Pest Management; PPDC Work Group on Comparative Safety Statements; and PPDC Work Group on Pollinator Protection. The PPDC Work Group on 21st Century Toxicology/Integrated Testing Strategies will meet on November 29, 2012. All meetings are free, open to the public, and no advance registration is required.

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 Agrifos Phosphoric Acid Release Superfund Site in Pasadena, Harris County, Texas. The settlement requires the settling party to pay a total of $385,000 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.

EPA has authorized its contractor, Eastern Research Group (ERG) of Chantilly, 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).

This regulation amends the existing exemption from the requirement of a tolerance for residues of the plant growth regulator, 1,4-dimethylnaphthalene (1,4-DMN) by expanding the current exemption to include all sprouting root and tuber vegetables (EPA Crop Group 01) and all bulb vegetables (EPA Crop Group 03). On behalf of D-I-1-4, Inc., a division of 1,4Group, Inc., Technology Sciences Group, Inc. (TSG) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting that EPA amend the existing exemption from the requirement of a tolerance for 1,4-DMN. This regulation eliminates the need to establish a maximum permissible level for residues of 1,4-DMN under the FFDCA.

The Environmental Protection Agency has submitted an information collection request (ICR), ``2013 Hazardous Waste Report, Notification of Regulated Waste Activity, and Part A Hazardous Waste Permit Application and Modification (Revision)''. (EPA ICR No. 0976.16, OMB Control No. 2050-0024) 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.). This is a proposed amendment of the ICR, which is currently approved through December 31, 2014. Public comments were previously requested via the Federal Register (77 FR 31005) on May 24, 2012 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. 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.

EPA is proposing to approve a redesignation request and State Implementation Plan (SIP) revision submitted by the State of West Virginia. The West Virginia Department of Environmental Protection (WVDEP) is requesting that the West Virginia portion of the Huntington- Ashland, WV-KY-OH-fine particulate matter (PM2.5) nonattainment area (``Huntington-Ashland Area'' or ``Area'') be redesignated as attainment for the 1997 annual PM2.5 national ambient air quality standard (NAAQS). The Huntington-Ashland Area is comprised of Cabell and Wayne Counties and a portion of Mason County in West Virginia (West Virginia portion of the Area); Boyd County and a portion of Lawrence County in Kentucky; and Lawrence and Scioto Counties and portions of Adams and Gallia Counties in Ohio. In this rulemaking action, EPA is proposing to approve the PM2.5 redesignation request for the West Virginia portion of the Area. EPA is also proposing to approve the maintenance plan SIP revision that the State submitted in conjunction with its redesignation request. The maintenance plan provides for continued attainment of the 1997 annual PM2.5 NAAQS for 10 years after redesignation of the West Virginia portion of the Area. The maintenance plan includes an insignificance determination for the on-road motor vehicle contribution of PM2.5, nitrogen oxides (NOx), and sulfur dioxide (SO2) for the West Virginia portion of the Area for purposes of transportation conformity. EPA is proposing to find that West Virginia's insignificance determination for transportation conformity is adequate.\1\ EPA is also proposing to find that the Area continues to attain the standard. This action to propose approval of the 1997 annual PM2.5) NAAQS redesignation request, maintenance plan, and insignificance determination for transportation conformity for the West Virginia portion of the Area is based on EPA's determination that the Area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA). EPA is taking separate action to propose redesignation of the Kentucky and Ohio portions of the Huntington- Ashland Area.

The Environmental Protection Agency (EPA) Region 5 is issuing a Notice of Intent to Delete the Waste Management of Michigan-Holland Lagoons Superfund Site (Site) located in Ottawa County, Michigan from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of Michigan, through the Michigan Department of Environmental Quality (MDEQ), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

This regulation establishes tolerances for residues of flonicamid in or on Berry, low growing, subgroup 13-07G; Rapeseed subgroup 20A, and cucumber. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is proposing to approve new rules and revisions as submitted by the State of Montana on September 23, 2011, as revisions to Montana's State Implementation Plan. Montana adopted these rules on December 2, 2005, and March 23, 2006. The new rules adopted on December 2, 2005, became state-effective on January 1, 2006; the new rules and revisions adopted on March 23, 2006, became state-effective on April 7, 2006. These new rules and revisions meet the requirements of the Clean Air Act and EPA's minor new source review regulations. The intended effect of this action is to propose to approve these rules as they are consistent with the Clean Air Act. This action is being taken under section 110 of the Clean Air Act.

EPA is inviting the public to submit data and scientific literature to inform EPA's research on the potential impacts of hydraulic fracturing on drinking water resources.

This regulation establishes time-limited tolerances for residues of dinotefuran in or on pome fruits and stone fruits. This action is in response to EPA's granting of emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on pome fruits and stone fruits. This regulation establishes a maximum permissible level for residues of dinotefuran in or on these commodities. The time-limited tolerances expire on December 31, 2015. This regulation also makes the systematic chemical name for dinotefuran consistent within the section and with EPA's policy on chemical nomenclature.

EPA's Office of Transportation and Air Quality (OTAQ) plans to authorize various contractors to access information which will be submitted to EPA under Title II of the Clean Air Act that may be claimed as, or may be determined to be, confidential business information (CBI). Access to this information, which is related to 40 CFR Part 79; 40 CFR Part 80; and 40 CFR Part 98, Subparts A, LL and MM will begin on November 19, 2012.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA''), notice is hereby given of a proposed consent decree to resolve a lawsuit filed by the Environmental Integrity Project, Sierra Club, and Texas Campaign for the Environment (collectively, ``Plaintiffs'') in the United States District Court for the District of Columbia: Environmental Integrity Project, et al., v. Jackson, No. 1:12-cv-00867-RMC (D. D.C.). Plaintiffs filed a deadline suit to compel the Administrator to respond to an administrative petition seeking EPA's objection to a CAA Title V operating permit issued by the Texas Commission on Environmental Quality to the Luminant Generation Company to operate the Sandow 5 Generating Plant, a power plant located in Milam County, Texas. Under the proposed consent decree, EPA would agree to respond to the petition by January 15, 2013.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. The revision establishes Reasonably Available Control Technology (RACT) for several categories of volatile organic compound (VOC) sources. The intended effect of this action is to approve these requirements into the New Hampshire SIP. This action is being taken in accordance with the Clean Air Act.

EPA is taking final action to approve portions of a State Implementation Plan (SIP) revision submitted by the State of Idaho on October 25, 2010, as meeting the requirements of Clean Air Act (CAA or the Act) sections 169A and 169B and federal regional haze regulations. In a previous action on June 22, 2011, EPA approved portions of the October 25, 2010, SIP submittal as meeting the requirements for interstate transport for visibility of CAA section 110(a)(2)(D)(i)(II) and certain requirements of the regional haze rule, including the requirements for best available retrofit technology (BART). On May 22, 2012, EPA proposed to approve the remaining portion of the Regional Haze SIP submittal, including those portions that address CAA provisions that require states to set Reasonable Progress Goals (RPGs) for their Class I areas, and to develop a Long Term Strategy (LTS) to achieve these goals. In this Federal Register notice, EPA finalizes its approval of the remaining Regional Haze SIP elements as proposed in the May 22, 2012 notice.

EPA is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from architectural coatings. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

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.

This regulation amends the tolerance for residues of metconazole in or on corn, sweet, stover. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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.

This regulation establishes time-limited tolerances for residues of fluridone in or on cotton. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on cotton. This regulation establishes a maximum permissible level for residues of fluridone in or on cotton commodities. The time-limited tolerances expire on December 31, 2014.