Environmental Protection Agency 2012 – Federal Register Recent Federal Regulation Documents

EPA is opening the public comment period for several registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. This document announces the Agency's intent not to open a registration review docket for bitertanol (case 8007), tridemorph (case 8009), and bethoxazin (case 5110). These pesticides do not currently have any actively registered pesticide products and are not, therefore, scheduled for review under the registration review program.

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 This regulation additionally removes several established tolerances that are superseded by tolerances established by this regulation.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

In accordance with Section 122 (h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Buckbee-Mears Co. Superfund Site located in Cortland, Cortland County, New York, (the ``Site'') with the State Bank of India, New York Branch (the ``Bank''). Pursuant to the settlement EPA will receive: (1) All funds in an escrow account with accrued interest (approximately $116,500); (2) Twenty-five percent of any funds the Bank collects from the principals of International Electron Devices (USA), LLC, the current owner and past operator of the Site at the time of disposal; and (3) A share of the proceeds from the sale of two parcels of land within the Site (``Properties'') following the Bank's foreclosure sale and distribution of certain amounts to the City of Cortland (``City'') and Cortland County (``County'') in settlement of their respective tax liens. The sales proceeds shall be distributed as follows: (a) The Bank will pay to the City the greater of $302,881 or 15% after the Bank is paid $150,000 attributable to the costs of marketing and selling the Properties; (b) The Bank will pay to the County $2,120; and (c) Any proceeds from the foreclosure sale remaining after the above payments will be distributed in proportion to the following lien amounts: (1) For EPA, $8,323.204; (2) for the Bank, $8,434,911; (3) for the City, $1,199,043 minus the greater of $302,881 or fifteen percent (15%) of the proceeds from the sale of the Properties. The settlement also includes a covenant not to sue the settling party pursuant to Sections 106 and 107(a) of CERCLA, for Existing Contamination, as defined in the settlement, at the Site. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate.

EPA is approving submittals from the Commonwealth of Pennsylvania pursuant to the Clean Air Act (CAA). Whenever new or revised National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance and enforcement of such NAAQS. The plan is required to address basic program elements including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. Pennsylvania has made submittals addressing the infrastructure requirements for the 1997 8-hour ozone and fine particulate matter (PM2.5) NAAQS and the 2006 PM2.5 NAAQS. This action approves those submittals, or portions thereof.

EPA is approving a state implementation plan revision submitted by the Arizona Department of Environmental Quality to address the moderate area PM10 (particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers) planning requirements for the Nogales nonattainment area. Consistent with this final action, EPA is approving the following plan elements as meeting the requirements of the Clean Air Act: The Nogales nonattainment area 2008 and 2011 emission inventories; the demonstration that the Nogales nonattainment area is attaining the National Ambient Air Quality Standard for PM10, but for international emissions sources in Nogales, Mexico; the demonstration that reasonably available control measures sufficient to meet the standard have been implemented in the nonattainment area; the reasonable further progress demonstration; the demonstration that implementation of measures beyond those needed for attainment meet the contingency measure requirement; and, the motor vehicle emissions budget for the purposes of determining the conformity of transportation plans, programs, and projects with this PM10 plan.

The Oklahoma Department of Agriculture, Food and Forestry (ODAFF) has submitted to the Environmental Protection Agency (EPA) an application for authorization of the Agriculture Pollutant Discharge Elimination System (AgPDES) program pursuant to Section 402(b) of the Clean Water Act (CWA or ``the Act''). ODAFF seeks approval to administer a major category partial National Pollutant Discharge Elimination System (NPDES) permit program under Section 402(n)(3) of the Act for all discharges of pollutants into waters of the United States within its jurisdiction. Today, EPA is providing public notice of ODAFF's request for AgPDES program approval and of both a public hearing and public comment period on the State's program approval submission. EPA will either approve or disapprove authorization of the AgPDES program after considering all comments received. To View or Obtain Copies of Documents: Copies of ODAFF's program approval submission (referred to throughout this document as ODAFF's application) and all other documents in the official record are available for inspection from 9 a.m. to 4 p.m., Monday through Friday, excluding legal holidays, at EPA Region 6, 1445 Ross Ave., Dallas, Texas 75202. A copy of ODAFF's application is available online at the EPA Region 6 Web page https://www.epa.gov/region6/water/npdes/ok-daff/. A paper copy of part of all of the State's application may be obtained from EPA Region 6 in Dallas for a cost of $0.15 per page.

This regulation establishes tolerances for residues of flumioxazin in or on multiple commodities which are identified and discussed later in this document. Valent U.S.A. Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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.

The Environmental Protection Agency Region 4 announces the deletion of the New Hanover County Airport Burn Pit Superfund Site (Site) located in Wilmington, North Carolina, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (DENR), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

EPA is taking direct final action to approve revisions to the Missouri State Implementation Plan (SIP) submitted September 21, 2010. This revision will amend the ambient air quality standards table to reflect revised National Ambient Air Quality Standards (NAAQS), update reference methods associated with the revised NAAQS, and update the breakpoint values for the Air Quality Index. These revisions make Missouri's rules consistent with Federal regulations and improve the clarity of the rules. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).

EPA is proposing to approve revisions to the San Diego County Air Pollution Control District (SDCAPCD) and Monterey Bay Unified Air Pollution Control District (MBUAPCD) and Antelope Valley Air Quality Management District (AVAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from coating of metal containers, closures and coils and from graphic arts operations and the provision of sampling and testing facilities required for permitting and from adhesives and sealant applications. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is finalizing approval of revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District. This action was published on June 13, 2012 and concerns volatile organic compound (VOC) emissions from the manufacture of polystyrene, polyethylene, and polypropylene products. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

The EPA is proposing to approve revisions to the Texas State Implementation Plan (SIP) for the Houston/Galveston/Brazoria (HGB) 1997 8-Hour ozone nonattainment Area (Area). The HGB Area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. Specifically, we are proposing to approve portions of two revisions to the Texas SIP submitted by the Texas Commission on Environmental Quality (TCEQ) as meeting certain Reasonably Available Control Technology (RACT) requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) in the HGB Area. We are also proposing to approve the 2007 Voluntary Mobile Emission Reduction Program (VMEP) commitments for the HGB Area. This action is in accordance with section 110 of the federal Clean Air Act (the Act, CAA).

The U.S. Environmental Protection Agency (EPA) is proposing to list three substitutes for ozone-depleting substances in the fire suppression and explosion protection sector as acceptable subject to use restrictions under the EPA's Significant New Alternatives Policy (SNAP) program. This program implements section 612 of the Clean Air Act, as amended in 1990, which requires EPA to evaluate substitutes for ozone-depleting substances and find them acceptable where they pose comparable or lower overall risk to human health and the environment than other available substitutes. In the ``Rules and Regulations'' section of this Federal Register, we are listing three fire suppression substitutes as acceptable subject to use restrictions as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule; in such case, the final rule will become effective as provided in the accompanying direct final rule.

In accordance with the provisions of Section 1413 of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300g-2, public notice is hereby given that the state of Utah has revised its Public Water System Supervision (PWSS) Program by adopting regulations for the Lead and Copper Short Term Revisions, Long Term 1 Enhanced Surface Water Treatment Rule, the Long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfectants and Disinfection Byproducts Rule that correspond to the National Primary Drinking Water Regulations (NPDWR). The EPA has completed its review of these revisions in accordance with the SDWA and proposes to approve them. Today's approval action does not extend to public water systems in Indian country as defined in 18 U.S.C. 1151. Please see Supplementary Information, Item B.

EPA has entered into a Consent Agreement with New Cingular Wireless PCS, LLC to resolve violations of the Clean Water Act (CWA), the Emergency Planning and Community Right-to-Know Act (EPCRA), and the Clean Air Act (CAA) and their implementing regulations. The Administrator is hereby providing public notice of this Consent Agreement and proposed Final Order (CAFO), and providing an opportunity for interested persons to comment on the CWA, EPCRA, and CAA portions of this Consent Agreement, pursuant to CWA section 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C).

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on July 31, 2012. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

EPA is taking final action to approve changes to the Florida State Implementation Plan (SIP), submitted by the Florida Department of Environmental Protection (FDEP) to EPA on March 15, 2012. The March 15, 2012, SIP revision modifies Florida's New Source Review (NSR) Prevention of Significant Deterioration (PSD) permitting regulations to adopt, into the Florida SIP, federal NSR PSD requirements for the fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) as promulgated in EPA's 2008 NSR PM2.5 Implementation Rule and the 2010 PM2.5 PSD Increment, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) Rule. EPA is approving portions of Florida's March 15, 2012, SIP revision because they are consistent with the Clean Air Act (CAA or Act) and EPA regulations regarding NSR permitting.

EPA is proposing to withdraw its final approvals of state implementation plan revisions submitted by the State of California to meet the vehicle-miles-traveled emissions offset requirement under the Clean Air Act for the Los Angeles-South Coast Air Basin 1-hour and 8- hour ozone nonattainment areas. EPA is also proposing to disapprove the same plan revisions. EPA is proposing the withdrawal and disapproval actions in response to a remand by the Ninth Circuit Court of Appeals in Association of Irritated Residents v. EPA. The effect of this action, if finalized as proposed, would be to trigger deadlines by which new plan revisions meeting the applicable requirements must be submitted by the State of California and approved by EPA to avoid sanctions and to avoid an obligation on EPA to promulgate a federal implementation plan.

EPA is proposing to withdraw a March 8, 2010 final action approving state implementation plan (SIP) revisions submitted by the State of California under the Clean Air Act (CAA) to provide for attainment of the 1-hour ozone National Ambient Air Quality Standards (NAAQS) in the San Joaquin Valley extreme ozone nonattainment area. This proposed action is in response to a decision issued by the U.S. Court of Appeals for the Ninth Circuit (Sierra Club v. EPA, 671 F.3d 955 (9th Cir. 2012)) remanding EPA's approval of these SIP revisions. In addition, EPA is proposing to withdraw our approval of a portion of a March 1, 2012 final rule approving SIP revisions submitted by California to provide for attainment of the 1997 8-hour ozone NAAQS in the San Joaquin Valley. The portion of this final action for which EPA is proposing to withdraw its approval addressed requirements regarding emissions growth caused by growth in vehicle miles traveled under the CAA. This proposed action is in response to a decision issued by the U.S. Court of Appeals for the Ninth Circuit (Association of Irritated Residents, 632 F.3d 584 (9th Cir. 2011), as amended Jan. 27, 2012), rejecting EPA's interpretation of the CAA, which had provided the basis for this portion of EPA's March 1, 2012 final rule.

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 action finalizes the residual risk and technology review conducted for the following source categories regulated under two national emission standards for hazardous air pollutants (NESHAP): hard and decorative chromium electroplating and chromium anodizing tanks, and steel picklingHCl process facilities and hydrochloric acid regeneration plants. On October 21, 2010, EPA proposed amendments to these NESHAP under section 112(d)(6) and (f)(2) of the Clean Air Act. On February 8, 2012, EPA published a supplemental proposal with new analyses and results. For hard and decorative chromium electroplating and chromium anodizing tanks these final amendments addressing Clean Air Act (CAA) sections 112(d)(6) and (f)(2) include revisions to the emissions limits for total chromium; addition of housekeeping requirements to minimize fugitive emissions; and a requirement to phase-out the use of perfluorooctane sulfonic acid (PFOS) based fume suppressants. These requirements will provide greater protection for public health and the environment by reducing emissions of hexavalent chromium (a known human carcinogen). In addition, as part of the October 2010 proposal, we proposed certain actions pursuant to CAA section 112(d)(2) and (3) for hard and decorative chromium electroplating and chromium anodizing tanks. For these sources, we are modifying and adding testing and monitoring, recordkeeping, and reporting requirements; and revisions to the regulatory provisions related to emissions during periods of malfunction. For steel pickling hydrochloric acid regeneration plants, we are finalizing our proposal to remove the alternative compliance method because we believe it is inconsistent with the requirements of CAA section 112(d)(2) and (3). This amendment will achieve reductions in chlorine emissions. Additionally, we are adding provisions to the Steel Pickling Facilities NESHAP requiring that the emission limits of the rule apply at all times, including during periods of startup, shutdown and malfunction.

The U.S. Environmental Protection Agency (EPA) is announcing an extension of the public comment period associated with the Notice entitled ``Request for Comment on Letters Seeking a Waiver of the Renewable Fuel Standard'' that was published in the Federal Register on August 30, 2012. EPA has received several requests for an extension of the comment period and, in response, has decided to allow an additional fifteen days, to October 11, 2012, for the submission of public comment.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds 12 sites to the General Superfund Section of the NPL.

The Environmental Protection Agency (EPA) is promulgating a Federal Implementation Plan (FIP) to address regional haze in the State of Montana. EPA developed this FIP in response to the State's decision in 2006 to not submit a regional haze State Implementation Plan (SIP) revision. The FIP satisfies requirements of the Clean Air Act (CAA or ``the Act'') that require states, or EPA in promulgating a FIP, to assure reasonable progress towards the national goal of preventing any future and remedying any existing man-made impairment of visibility in mandatory Class I areas. In addition, EPA is approving one of the revisions to the Montana SIP submitted by the State of Montana through the Montana Department of Environmental Quality on February 17, 2012, specifically, the revision to the Montana Visibility Plan that includes amendments to the ``Smoke Management'' section, which adds a reference to Best Available Control Technology (BACT) as the visibility control measure for open burning as currently administered through the State's air quality permit program. This change was made to meet the requirements of the Regional Haze Rule. EPA will act on the remaining February 17, 2012 revisions in the State's submittal in a future action.