Environmental Protection Agency 2012 – Federal Register Recent Federal Regulation Documents

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). As part of this renewal, EPA is consolidating the following ICRs: OMB Control Number 2050-0179 (Cooperative Agreements and Superfund State Contracts for Superfund Response Actions), OMB Control Number 2050-0095 (Superfund Site Evaluation and Hazard Ranking System), and OMB Control Number 2050-0096 (National Oil and Hazardous Substance Pollution Contingency Plan (NCP)). The first ICR (OMB Control Number 2050-0179) is scheduled to expire on February 28, 2013. 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.

Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for past response costs concerning the American Drum and Pallet Company Superfund Site located in Memphis, Shelby County, Tennessee.

The State of Arkansas has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant Final authorization to the State of Arkansas. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by a direct final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

In compliance with the Paperwork Reduction Act (PRA), 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, entitled: ``Tier 1 Screening of Certain Chemicals Under the Endocrine Disruptor Screening Program (EDSP)'' and identified by EPA ICR No. 2249.03 and OMB Control No. 2070-0176. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the information collection.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit the following twenty-four existing, approved, continuing Information Collection Requests (ICR) to the Office of Management and Budget (OMB) for the purpose of renewing the ICRs. Before submitting the ICRs to OMB for review and approval, EPA is soliciting comments on specific aspects of the information collections as described under SUPPLEMENTARY INFORMATION.

EPA is taking direct final action to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD), Northern Sierra Air Quality Management District (NSAQMD), Sacramento Metropolitan Air Quality Management District (SMAQMD) and San Diego County Air Pollution Control District (SDCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from automotive parts and component, automobile refinishing, metal parts and products, and miscellaneous coating and refinishing operations. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is taking direct final action to approve revisions to the Sacramento Metropolitan Air Quality Management District portion of the California State Implementation Plan (SIP). This revision concerns the definition of volatile organic compound (VOC). We are approving a local rule that helps regulate VOCs under the Clean Air Act, as amended (CAA or the Act).

EPA is approving in part and disapproving in part a State Implementation Plan (SIP) revision submitted by the state of Hawaii pursuant to the requirements of Section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 1997 8-hour ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 NAAQS for fine particulate matter (PM2.5).

This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the U.S. Department of Agriculture (USDA) a draft final rule concerning the revision of regulations on the labeling of pesticide products and devices intended solely for export. The draft final rule is not available to the public until after it has been signed and is made available by EPA.

This regulation establishes an exemption from the requirement of a tolerance for residues of Didecyl dimethyl ammonium chloride (DDAC) in or on broccoli grown from treated seeds when applied by immersion. Pace Chemicals Ltd. 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 DDAC in or on broccoli seed.

The EPA is granting final authorization of the changes to the hazardous waste program revisions submitted by South Dakota. The Agency published a Proposed Rule on December 27, 2010, and provided for public comment. No comments were received on the Resource Conservation and Recovery Act (RCRA) program issues. There was one comment from the South Dakota State Deputy Attorney General regarding Indian country language. No further opportunity for comment will be provided.

This regulation establishes and amends tolerances for residues of Flutriafol [(()-[alpha]-(2-fluorophenyl)-[alpha]-(4- fluorophenyl)-1H-1,2,4-triazole-1-ethanol], including its metabolites and degradates in or on multiple commodities which are identified and discussed later in this document. Cheminova A/S, c/o Cheminova, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA previously announced the issuance of the NPDES general permit for stormwater discharges from construction activity, also referred to as the 2012 Construction General Permit (2012 CGP), in the February 29, 2012 Federal Register. Today's action provides notice of final 2012 CGP issuance for Idaho; Washington (for projects involving federal operators); the Fond Du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; the Bad River Band and Lac Du Flambeau Band of Lake Superior Chippewa in Wisconsin. EPA is also today providing notice of its correction of typographical errors made in the 2012 CGP pertaining to New Mexico's state-specific requirements and the state's list of designated Tier 2 and Tier 3 waters, and a correction to EPA's omission of Idaho's list of designated Tier 2 and Tier 3 waters.

The EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Oklahoma's 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 the Solid Waste Disposal Act, commonly referred to as the Resource Conversation and Recovery Act (RCRA).

EPA is approving procedures for permitting certain sources in relation to the Forest County Potawatomi Community (FCP Community) Class I Area into the Wisconsin State Implementation Plan (SIP). These provisions were submitted by the Wisconsin Department of Natural Resources (WDNR) on May 12, 2011. The provisions include the regulation of certain sources constructing near the FCP Community Class I Area, as well as procedures for the FCP Community's demonstration regarding a source that may have an adverse impact on the Class I Area. The provisions implement portions of a Memorandum of Agreement (MOA) entered into by Wisconsin and the FCP Community as part of a dispute resolution related to the Class I Area redesignation.

EPA is approving, under the Clean Air Act (the Act), revisions to the Wisconsin State Implementation Plan (SIP) submitted on September 1, 2009, November 16, 2011, and January 26, 2012. The purpose of these revisions is to satisfy the Act's requirement that states revise their SIPs to include Reasonably Available Control Technology (RACT) for sources of Volatile Organic Compound (VOC) emissions in moderate ozone nonattainment areas. Wisconsin's VOC rules provide RACT requirements for the Milwaukee-Racine and Sheboygan 1997 8-hour ozone nonattainment areas. These rules are approvable because they are consistent with the Control Technique Guideline (CTG) documents issued by EPA in 2006 and 2007 and satisfy the RACT requirements of the Act. EPA proposed this rule for approval on February 22, 2012, and received no comments.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by National Parks Conservation Association, Montana Environmental Information Center, Grand Canyon Trust, San Juan Citizens Alliance, Our Children's Earth Foundation, Plains Justice, Powder River Basin Resource Council, Sierra Club, and Environmental Defense Fund (collectively ``Plaintiffs'') in the United States District Court for the District of Columbia: National Parks Conservation Association, et al. v. Jackson, No. 1:11-cv-1548 (D.D.C.). Plaintiffs filed a complaint alleging that EPA failed to promulgate regional haze federal implementation plans (FIPs) or approve regional haze state implementation plans (SIPs) for various states, including Florida, as required by section 110(c) of the CAA. The complaint further alleged that EPA had also failed to act on ten regional haze SIP submissions, as required by section 110(k) of the CAA. On March 30, 2012, the Court entered a partial consent decree resolving all claims asserted by Plaintiffs, except those with respect to Florida. The proposed consent decree establishes proposed and final promulgation deadlines for EPA to meet its obligations with respect to Florida to resolve Plaintiffs' remaining claims.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by WildEarth Guardians in the United States District Court for the District of Colorado: WildEarth Guardians v. Jackson, No. 12-cv-00754-RPM-MEH (D. CO). On March 26, 2012, Plaintiff filed a complaint alleging that EPA failed to perform a mandatory duty under section 110(k)(2) of the CAA, 7410(k)(2) to take action on a State Implementation Plan (``SIP'') submission from the State of Utah within the time frame required. The proposed consent decree establishes a deadline of February 14, 2013 for EPA to take action.

In compliance with the Paperwork Reduction Act (PRA) (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 for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). 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. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

EPA is proposing a limited approval and a limited disapproval of a revision to the Michigan State Implementation Plan (SIP) submitted by the State of Michigan on November 5, 2010, that addresses regional haze for the first implementation period ending in 2018. EPA is proposing limited approval of this submittal for meeting requirements of the regional haze program relating to setting reasonable progress goals, providing reductions for meeting those goals, and for mandating best available retrofit technology (BART) for most sources in the State. EPA is proposing limited disapproval of the State's submittal for failing to satisfy BART for two sources. EPA is proposing a Federal Implementation Plan (FIP) including nitrogen oxide (NOX) emission limits on these two sources to satisfy these requirements. EPA has already published a separate action in relation to Michigan's plan to address BART for electric generating units. In a June 7, 2012, action, EPA published a limited disapproval of the regional haze plans for Michigan and other states due to their reliance on the Clean Air Interstate Rule (CAIR), but EPA also promulgated a FIP relying on EPA's Cross-State Air Pollution Rule (CSAPR) to address these requirements. EPA is also taking separate action on BART requirements for one source, a taconite plant owned by Tilden Mining, in conjunction with action on several taconite plants in Minnesota. These three actions combined represent complete action on Michigan's regional haze plan for the first implementation period.

Under Section 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given of two proposed administrative settlements for recovery of past response costs concerning the Buckbee-Mears Co. Superfund Site located in Cortland, Cortland County, New York (the ``Site'') with each of the following settling parties: the City of Cortland (``City'') and the County of Cortland (``County'')(collectively the ``Municipal Settlements''). In order to resolve competing liens on two parcels of land within the Site (``Properties''), the Municipal Settlements provide that the City and the County agree to facilitate the sale and redevelopment of the Properties. In addition, if the Properties are sold pursuant to a pending foreclosure action by the State Bank of India, New York Branch (the ``Bank''), the Bank will pay to the City, in full satisfaction of the City's tax lien, the greater of $302,881 (being the amount of City Taxes in arrears as of September 29, 2006) or fifteen percent (15%) of the proceeds from the sale of the Properties, and the Bank will pay to the County $2,120 in full satisfaction of its tax lien, after the Bank is paid $150,000 attributable to the costs of marketing and selling the Properties. Any proceeds from the Bank's foreclosure sale remaining after the above payments to the Bank, the City and the County, shall be distributed in proportion to the percentage that the following amounts represent in relation to the combined total of said amounts: (1) For EPA, $8,323,204; (2) for the Bank, $8,434,911; (3) for the City, $1,194,043 minus the greater of $302,881 or fifteen percent (15%) of the proceeds from the sale of the Properties. Also under the terms of the Municipal Agreements, if the Properties are not sold through the Bank's foreclosure action, the City and County will foreclosure on the Properties, transfer the Properties and pay to EPA 50% of the selling price, after the transaction costs associated with the sale have been paid. The transaction costs are capped at $5,000 for the County and $150,000 for the City. EPA has also agreed to discharge its CERCLA Section 107(l) lien on the Properties and has agreed to waive any windfall lien it may have on the Properties under CERCLA Section 107(r). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the Municipal Agreements. The Agency will consider all comments received and may modify or withdraw its consent to the two settlements if comments received disclose facts or considerations which indicate that either of the settlements is inappropriate, improper, or inadequate.

EPA is proposing to approve in part, and conditionally approve in part, the State Implementation Plan (SIP) revisions, submitted by the Commonwealth of Kentucky through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), as demonstrating that the Commonwealth meets the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or Act) for the 1997 annual and 2006 24- hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Kentucky certified that the Kentucky SIP contains provisions that ensure the 1997 annual and 2006 24-hour PM2.5 NAAQS are implemented, enforced, and maintained in Kentucky (hereafter referred to as ``infrastructure submission''). EPA is now taking three related actions on Kentucky DAQ's infrastructure submissions for the Commonwealth. First, EPA is proposing to determine that Kentucky DAQ's infrastructure submissions, provided to EPA on August 26, 2008, and July 17, 2012, satisfy certain required infrastructure elements for the 1997 annual and 2006 24-hour PM2.5 NAAQS. Second, EPA is proposing to approve several Kentucky Revised Statutes (KRS) into the SIP to address element 110(a)(2)(E)(ii), that relates to state board requirements. Third, with respect to sections 110(a)(2)(C) and 110(a)(2)(J) as they relate to PSD requirements, EPA is proposing to conditionally approve the SIP submissions as meeting these requirements.