Environmental Protection Agency January 2013 – Federal Register Recent Federal Regulation Documents

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Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards: Notice of Actions Denying Petitions for Reconsideration and Stay Requests
Document Number: 2013-00053
Type: Proposed Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
The EPA is providing notice that it has responded to petitions for reconsideration of rules published in the Federal Register on May 21, 2012, and June 11, 2012, that together promulgated the initial air quality designations for the 2008 ozone national ambient air quality standards for all areas in the United States. The rules are titled, ``Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards,'' and ``Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards for Several Counties in Illinois, Indiana, and Wisconsin; Corrections to Inadvertent Errors in Prior Designations.'' Subsequent to publishing the rules, during the time period from June through October 2012, the EPA received numerous petitions requesting that the EPA reconsider its designation decisions for certain areas. The EPA carefully considered the petitions and supporting information, along with information contained in the rulemaking docket, in reaching decisions on the petitions. The EPA denied all the petitions for reconsideration in separate letters to the petitioners dated December 14, 2012. The letters explain the EPA's reasons for the denials. Four petitioners also requested that the EPA stay the effectiveness of the designation rule as it applies for a particular area, pending reconsideration. Because the EPA denied the reconsideration requests, the EPA also denied the stay requests.
Proposed Administrative Cost Recovery Settlement Under Section 122(h) of the Comprehensive Environmental Response Compensation and Liability Act, as Amended, Former W&J Lanyon Zinc Works Superfund Site, Pittsburg, Crawford County, KS
Document Number: 2013-00052
Type: Notice
Date: 2013-01-07
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 an administrative settlement with MCP Industries, Inc., for compromise of past response costs concerning the Former W&J Lanyon Zinc Works Superfund Site (the ``Site'') in Pittsburg, Crawford County, Kansas. The settlement also requires MCP Industries, Inc., to pay certain future response costs incurred to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the MCP Industries, Inc., for the Work, past response costs, and future response costs once paid. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments 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's response to any comments received will be available for public inspection at the EPA Region 7 office located at 11201 Renner Boulevard, Lenexa, Kansas 66219.
Notification of a Public Meeting and a Public Teleconference of the Clean Air Scientific Advisory Committee Lead Review Panel
Document Number: 2013-00050
Type: Notice
Date: 2013-01-07
Agency: Environmental Protection Agency
The EPA Science Advisory Board (SAB) Staff Office announces a public meeting and a public teleconference of the Clean Air Scientific Advisory Committee (CASAC) Lead Review Panel to conduct a peer review of EPA's Integrated Science Assessment for Lead (Third External Review DraftNovember 2012) and EPA's Policy Assessment for the Review of the Lead National Ambient Air Quality Standards (First External Review DraftJanuary 2013).
Interim Final Determination To Stay Sanctions, Imperial County Air Pollution Control District
Document Number: 2012-31732
Type: Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
EPA is making an interim final determination to stay imposition of sanctions based on a proposed approval of revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP) published elsewhere in this Federal Register. The revisions concern local rules that regulate inhalable particulate matter (PM10) emissions from sources of fugitive dust such as unpaved roads and disturbed soils in open and agricultural areas in Imperial County.
Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District
Document Number: 2012-31729
Type: Proposed Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California Implementation Plan (SIP). These revisions concern local rules that regulate inhalable particulate matter (PM10) emissions from sources of fugitive dust such as unpaved roads and disturbed soils in open and agricultural areas in Imperial County. We are proposing to approve local rules that regulate 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.
Finding of Substantial Inadequacy of Implementation Plan; Call for California State Implementation Plan Revision; South Coast
Document Number: 2012-31642
Type: Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
In response to a remand by the United States Court of Appeals for the Ninth Circuit, and pursuant to the Clean Air Act, EPA is taking final action to find that the California State Implementation Plan (SIP) for the Los Angeles-South Coast Air Basin is substantially inadequate to comply with the obligation to adopt and implement a plan providing for attainment of the 1-hour ozone standard. In response to this finding, California is required to submit a SIP revision correcting this deficiency within 12 months of the effective date of this rule. If EPA finds that California has failed to submit a complete SIP revision as required by this final rule, or if EPA disapproves such a revision, such finding or disapproval would trigger clocks for mandatory sanctions and an obligation for EPA to impose a Federal Implementation Plan. EPA is also taking final action establishing the order in which mandatory sanctions would apply in the event that EPA makes a finding of failure to submit a SIP revision or disapproves the SIP revision. Specifically, the offset sanction would apply 18 months after such finding or disapproval and highway funding restrictions would apply six months later. Sanctions would not apply if EPA first takes action to stay the imposition of the sanctions or to stop the sanctions clock based on a preliminary or final determination that the State has corrected the SIP deficiencies.
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: 2012-31639
Type: Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
EPA is taking final action 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 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. Based on the above determination, 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 are suspended for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS.
Revisions to the California State Implementation Plan, San Diego APCD, Northern Sierra AQMD, and Sacramento Metropolitan AQMD
Document Number: 2012-31636
Type: Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the San Diego Air Pollution Control District (SDAPCD), Northern Sierra Air Quality Management District (NSAQMD), and Sacramento Metropolitan Air Quality Management District (SMAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from the transfer of gasoline at gasoline dispensing facilities. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).
Revisions to the California State Implementation Plan, San Diego APCD, Northern Sierra AQMD, and Sacramento Metropolitan AQMD
Document Number: 2012-31634
Type: Proposed Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the San Diego Air Pollution Control District (SDAPCD), Northern Sierra Air Quality Management District (NSAQMD), and Sacramento Metropolitan Air Quality Management District (SMAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from transfer of gasoline at gasoline dispensing facilities. We are proposing to approve four local rules to regulate these emission sources under the Clean Air Act (CAA or the Act).
Approval and Promulgation of Air Quality Implementation Plans; Delaware, New Jersey, and Pennsylvania; Determination of Attainment of the 2006 24-Hour Fine Particulate Matter Standard for the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area
Document Number: 2012-31565
Type: Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
EPA is making a determination of attainment regarding the Philadelphia-Wilmington, PA-NJ-DE fine particulate matter (PM2.5) nonattainment area (hereafter referred to as ``the Philadelphia Area'' or ``the Area''). EPA has determined that the Philadelphia Area has attained the 2006 24-hour PM2.5 National Ambient Air Quality Standard (NAAQS), based upon quality- assured, quality-controlled and certified ambient air monitoring data for the 2008-2010 and 2009-2011 periods. Preliminary data available for 2012 are consistent with continued attainment of the Philadelphia Area. This determination of attainment suspends the requirements for the respective state portions of the Philadelphia Area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to the attainment of the standard for so long as the Area continues to attain the 2006 24-hour PM2.5 NAAQS. This action is being taken under the Clean Air Act (CAA). This action does not constitute a redesignation to attainment, and the Philadelphia Area will remain designated nonattainment for the 2006 24-hour PM2.5 NAAQS until such time as EPA determines that the Philadelphia Area, or portion thereof, meets the CAA requirements for redesignation to attainment for the standard, including an approved maintenance plan.
Approval and Promulgation of Air Quality Implementation Plans; Utah; Determination of Clean Data for the 1987 PM10
Document Number: 2012-31560
Type: Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
EPA is finalizing a determination that the Ogden City nonattainment area in Utah is currently attaining the 24-hour National Ambient Air Quality Standard (NAAQS) for particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) based on certified, quality-assured ambient air monitoring data for the years 2009 through 2011. The State of Utah submitted a letter dated March 30, 2000, requesting EPA to make a clean data determination for the nonattainment area of Ogden City. Given our determination that the Ogden City nonattainment area is currently attaining the PM10 NAAQS, EPA is also determining that Utah's obligation to make submissions to meet certain Clean Air Act (CAA) requirements related to attainment of the NAAQS is not applicable for as long as the Ogden City nonattainment area continues to attain the NAAQS. This action is being taken under the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Alaska: Eagle River PM10
Document Number: 2012-31433
Type: Proposed Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
EPA is proposing to approve the Limited Maintenance Plan (LMP) submitted by the State of Alaska on September 29, 2010, for the Eagle River nonattainment area (Eagle River NAA) and the State's request to redesignate the area to attainment for the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). EPA is proposing to approve the State's request because it meets Clean Air Act (CAA) requirements for redesignation. EPA has also published, at the same time, a direct final rule of the same title because EPA views this as a noncontroversial SIP revision and anticipates no adverse comments. Any parties interested in commenting on this action should do so at this time. If EPA receives adverse comments, EPA will withdraw the direct final rule and will then address all public comments in a subsequent final rule based on this proposed rule.
Approval and Promulgation of Air Quality Implementation Plans; Alaska: Eagle River PM10
Document Number: 2012-31431
Type: Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
EPA is taking direct final action to approve the Limited Maintenance Plan (LMP) submitted by the State of Alaska on September 29, 2010 for the Eagle River nonattainment area (Eagle River NAA) and the State's request to redesignate the area to attainment for the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10).
Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District
Document Number: 2012-30625
Type: Rule
Date: 2013-01-07
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on April 27, 2012 and concerns oxides of nitrogen (NOx) emissions from certain boilers, process heaters and steam generators. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).
Environmental Impacts Statements; Notice of Availability
Document Number: 2012-31744
Type: Notice
Date: 2013-01-04
Agency: Environmental Protection Agency
Ellman Battery Superfund Site; Orlando, Orange County, FL; Notice of Settlement
Document Number: 2012-31733
Type: Notice
Date: 2013-01-04
Agency: Environmental Protection Agency
Under 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into an Ability To Pay settlement to recover outstanding cost from two parties concerning a previous Removal Action at the Ellman Battery Superfund Site located in Orlando, Orange County, Florida.
Leonard Chemical Superfund Site; Catawba, York County, SC; Notice of Settlement
Document Number: 2012-31731
Type: Notice
Date: 2013-01-04
Agency: Environmental Protection Agency
Under 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement to recover outstanding cost from three parties who did not participate in a previous Consent Decree to perform a Remedial Action at the Leonard Chemical Superfund Site located in Catawba, York County, South Carolina.
Agency Information Collection Activities; Proposed Collection; Comment Request; Recordkeeping and Reporting-Solid Waste Disposal Facilities and Practices
Document Number: 2012-31728
Type: Notice
Date: 2013-01-04
Agency: Environmental Protection Agency
The Environmental Protection Agency is planning to submit an information collection request (ICR), Recordkeeping and Reporting Solid Waste Disposal Facilities and Practices; ``(EPA ICR No. 1381.10, OMB Control No. 2050-0122) 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 June 30, 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.
California State Nonroad Engine Pollution Control Standards; Transport Refrigeration Units; Request for Authorization; Opportunity for Public Hearing and Comment
Document Number: 2012-31720
Type: Notice
Date: 2013-01-04
Agency: Environmental Protection Agency
The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to California's ``Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets and Facilities Where TRUs Operate.'' CARB has asked that EPA confirm that the TRU amendments either fall within the scope of the authorization EPA granted on January 9, 2009, pursuant to section 209(e) of the Clean Air Act, or are not subject to Clean Air Act preemption. This notice announces that EPA has tentatively scheduled a public hearing to consider California's TRU amendments, and that EPA is now accepting written comment on the request.
California State Nonroad Engine Pollution Control Standards; Off-Highway Recreational Vehicles and Engines; Request for Authorization; Opportunity for Public Hearing and Comment
Document Number: 2012-31719
Type: Notice
Date: 2013-01-04
Agency: Environmental Protection Agency
The California Air Resources Board (CARB) has notified EPA that it has adopted regulations to amend its Off-Highway Recreational Vehicle and Engines (``OHRV'') Regulations. By letter dated March 24, 2010, CARB submitted a request that EPA authorize these regulations under section 209(e) of the Clean Air Act (CAA), 42 U.S.C. 7543(b). CARB seeks confirmation that certain of the amendments are within the scope of a prior authorization issued by EPA, and that certain of the amendments require and merit a new authorization. This notice announces that EPA has tentatively scheduled a public hearing to consider California's request, and that EPA is now accepting written comment on the request.
California State Motor Vehicle Pollution Control Standards; Urban Buses; Request for Waiver of Preemption; Opportunity for Public Hearing and Comment
Document Number: 2012-31717
Type: Notice
Date: 2013-01-04
Agency: Environmental Protection Agency
The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to its emission standards for urban bus engines in a series of rulemakings. The rulemakings at issue took place between 2000 and 2005. Principally, these rulemakings set requirements for California's public transit agencies that operate urban buses and other transit vehicles; additionally, the rulemakings set emission standards for new urban bus engines. CARB requests that EPA grant a waiver of preemption pursuant to section 209(b) of the Clean Air Act for the emission standards and related test procedures. This notice announces that EPA has tentatively scheduled a public hearing to consider California's urban bus regulations, and that EPA is now accepting written comment on the request.
Public Notice of Proposed Reissuance of the NPDES General Permits for Facilities/Operations That Generate, Treat, and/or Use/Dispose of Sewage Sludge by Means of Land Application, Landfill, and Surface Disposal in the EPA Region 8
Document Number: 2012-31716
Type: Notice
Date: 2013-01-04
Agency: Environmental Protection Agency
Region 8 of the EPA is hereby giving notice of its tentative determination to reissue National Pollutant Discharge Elimination System (NPDES) general permits for facilities or operations that generate, treat, and/or use/dispose of sewage sludge by means of land application, landfill, and surface disposal in the States of CO, MT, ND, and WY and in Indian country in the States of CO, MT, ND, SD, WY and UT (except for the Goshute Indian Reservation and the Navajo Indian Reservation).
State Program Requirements; Approval of Application To Administer Partial National Pollutant Discharge Elimination Program; Oklahoma
Document Number: 2012-31715
Type: Notice
Date: 2013-01-04
Agency: Environmental Protection Agency
On December 20, 2012, the Regional Administrator for the Environmental Protection Agency, Region 6 (EPA) approved the request of the State of Oklahoma 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''). The AgPDES program will be administered by the Oklahoma Department of Agriculture, Food and Forestry (ODAFF) and is 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 ODAFF's jurisdiction.
Approval and Promulgation of Air Quality Implementation Plans; Utah; Maintenance Plan for the 1997 8-Hour Ozone Standard for Salt Lake County and Davis County
Document Number: 2012-31562
Type: Proposed Rule
Date: 2013-01-02
Agency: Environmental Protection Agency
EPA is proposing to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the Governor of Utah on March 22, 2007. The SIP revision is the State of Utah's maintenance plan for the 1997 8-hour ozone standard for Salt Lake County and Davis County, along with associated rules: R307-101-2, ``Definitions;'' R307-110-13, ``Section IX, Control Measures for Area and Point Sources, Part D, Ozone;'' R307-320, ``Ozone Maintenance Areas and Ogden City: Employer-Based Trip Reduction Program;'' R307-325, ``Ozone Nonattainment and Maintenance Areas: General Requirements;'' R307-326, ``Ozone Nonattainment and Maintenance Areas: Control of Hydrocarbon Emissions in Petroleum Refineries;'' R307-327, ``Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage;'' R307- 328, ``Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage;'' R307-335, ``Ozone Nonattainment and Maintenance Areas: Degreasing and Solvent Cleaning Operations;'' R307-340, ``Ozone Nonattainment and Maintenance Areas: Surface Coating Processes;'' R307-341, ``Ozone Nonattainment and Maintenance Areas: Cutback Asphalt;'' and R307-342, ``Ozone Nonattainment and Maintenance Areas: Qualification of Contractors and Test Procedures for Vapor Recovery Systems for Gasoline Delivery Tanks.'' This action is being taken under sections 107 and 110 of the Clean Air Act (Act).
Notice of Receipt of Requests for Amendments To Delete Uses in Certain Pesticide Registrations
Document Number: 2012-31545
Type: Notice
Date: 2013-01-02
Agency: Environmental Protection Agency
In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of request for amendments by registrants to delete uses in certain pesticide registrations. FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register.
Approval and Promulgation of Implementation Plans; Georgia: New Source Review-Prevention of Significant Deterioration
Document Number: 2012-31538
Type: Proposed Rule
Date: 2013-01-02
Agency: Environmental Protection Agency
EPA is proposing to approve portions of a revision to the Georgia State Implementation Plan (SIP) submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (EPD), on July 26, 2012. The SIP submission includes changes to Georgia's New Source Review (NSR), Prevention of Significant Deterioration (PSD) program to incorporate by reference (IBR) federal PSD requirements regarding fine particulate matter (PM2.5) increments, significant impact levels (SILs), significant monitoring concentration (SMC) and the deferral of, until July 21, 2014, PSD applicability to biogenic carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources. EPA is proposing to approve portions of Georgia's SIP submittal because the Agency has preliminarily determined that it is consistent with section 110 of the Clean Air Act (CAA or Act) and EPA regulations regarding NSR permitting.
Designation of Areas for Air Quality Planning Purposes; California; Morongo Band of Mission Indians
Document Number: 2012-31537
Type: Proposed Rule
Date: 2013-01-02
Agency: Environmental Protection Agency
EPA is proposing to correct an error in a previous rulemaking that revised the boundaries between nonattainment areas in Southern California established under the Clean Air Act for the purposes of addressing the revoked national ambient air quality standard for one- hour ozone. EPA is also proposing to revise the boundaries of certain Southern California air quality planning areas to designate the Indian country of the Morongo Band of Mission Indians, California (Morongo Reservation) as a separate air quality planning area for the one-hour and 1997 eight-hour ozone standards.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Stationary Combustion Turbines (Renewal)
Document Number: 2012-31530
Type: Notice
Date: 2013-01-02
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. 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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Small Municipal Waste Combustors (Renewal)
Document Number: 2012-31522
Type: Notice
Date: 2013-01-02
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. 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.