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

Notice of Issuance of Prevention of Significant Deterioration Modification and Part 71 Operating Permit Renewal to NRG Backup Generation Services
Document Number: 2013-02106
Type: Notice
Date: 2013-01-31
Agency: Environmental Protection Agency
This notice announces that on November 26, 2012, EPA issued a Modification to a Prevention of Significant Deterioration (PSD) permit to NRG Backup Generation Services. NRG Backup Generation Services owns and operates four diesel-fired generators for Treasure Island Resort and Casino on land held in trust for the Prairie Island Indian Community in Red Wing, Minnesota. The modified PSD permit changes the required interval of nitrogen oxide performance testing for the four engines from every three years to every five years. In a separate action on November 26, 2012, EPA issued a title V permit to operate renewal to NRG Backup Generation Services pursuant to title V of the Clean Air Act. This permit authorizes NRG Backup Generation Services to operate the four diesel-fired generators for peak load management and backup power at the casino.
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Wisconsin Public Service Corporation-JP Pulliam Plant
Document Number: 2013-02105
Type: Notice
Date: 2013-01-31
Agency: Environmental Protection Agency
This document announces that the EPA Administrator has responded to a petition asking EPA to object to a Clean Air Act (Act) operating permit issued by the Wisconsin Department of Natural Resources. Specifically, the Administrator denied the petition submitted by David Bender of McGillivray Westerberg and Bender, LLC, on behalf of the Sierra Club, to object to the operating permit for Wisconsin Public Service CorporationJP Pulliam Plant. Pursuant to section 505(b)(2) of the Act, a petitioner may seek judicial review in the United States Court of Appeals for the appropriate circuit of those portions of the petition which EPA denied. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the Act.
Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Flint Hills Resources Pine Bend
Document Number: 2013-02019
Type: Rule
Date: 2013-01-31
Agency: Environmental Protection Agency
EPA is approving Minnesota's August 29, 2011, request to revise its sulfur dioxide (SO2) State Implementation Plan (SIP) for Flint Hills Resources Pine Bend, LLC (FHR Pine Bend), in Dakota County. The facility is shutting down an incinerator, rerouting process gases, planning for a new boiler, and making other emission limit reductions. This revision will result in a decrease in SO2 emissions.
Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Flint Hills Resources Pine Bend
Document Number: 2013-02018
Type: Proposed Rule
Date: 2013-01-31
Agency: Environmental Protection Agency
EPA is proposing to approve an August 29, 2011, request for revision to the Minnesota sulfur dioxide State Implementation Plan for Flint Hills Resources Pine Bend, LLC, in Dakota County. This oil refinery is shutting down an incinerator, rerouting process gases, planning for a new boiler, and making other emission limit reductions. This revision addresses an important safety issue with the current off- gas incinerator. Because the revision will result in a decrease in sulfur dioxide emissions, EPA proposes to approve the revision.
Revisions to the California State Implementation Plan, San Joaquin Valley United Air Pollution Control District
Document Number: 2013-02015
Type: Rule
Date: 2013-01-31
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the San Joaquin Valley United Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on November 5, 2012 and concerns volatile organic compounds (VOC), carbon monoxide (CO), oxides of nitrogen (NOX), oxides of sulfur (SOX), and particulate matter (PM) emissions from glass melting furnaces. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).
Revisions to the California State Implementation Plan, Placer County Air Pollution Control District
Document Number: 2013-01337
Type: Proposed Rule
Date: 2013-01-31
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC), oxides of nitrogen (NOX), and particulate matter (PM) emissions from open burning. We are proposing to approve local rules to regulate this emission source under the Clean Air Act (CAA or the Act).
Revisions to the California State Implementation Plan, Placer County Air Pollution Control District
Document Number: 2013-01332
Type: Rule
Date: 2013-01-31
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern Volatile Organic Compound (VOC), oxides of nitrogen (NOX), and particulate matter (PM) emissions from open burning. We are approving local rules that regulate this emission source under the Clean Air Act (CAA or the Act).
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; New Hampshire; Redesignation of the Southern New Hampshire 1997 8-Hour Ozone Nonattainment Area
Document Number: 2013-00182
Type: Rule
Date: 2013-01-31
Agency: Environmental Protection Agency
EPA is approving: the State of New Hampshire's request to redesignate the Boston-Manchester-Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area to attainment for the 1997 8- hour ozone National Ambient Air Quality Standard (NAAQS); a State Implementation Plan (SIP) revision containing a 10-year ozone maintenance plan for this area; a 2008 comprehensive emissions inventory for the area; and new motor vehicle emissions budgets (MVEBs) for the years 2008 and 2022 that are contained in the 10-year ozone maintenance plan for this area.
National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
Document Number: 2012-31646
Type: Rule
Date: 2013-01-31
Agency: Environmental Protection Agency
In this action the EPA is taking final action on its reconsideration of certain issues in the emission standards for the control of hazardous air pollutants from new and existing industrial, commercial, and institutional boilers and process heaters at major sources of hazardous air pollutants, which were issued under section 112 of the Clean Air Act. As part of this action, the EPA is making technical corrections to the final rule to clarify definitions, references, applicability and compliance issues raised by petitioners and other stakeholders affected by this rule. On March 21, 2011, the EPA promulgated national emission standards for this source category. On that same day, the EPA also published a notice announcing its intent to reconsider certain provisions of the final rule. Following these actions, the Administrator received several petitions for reconsideration. After consideration of the petitions received, on December 23, 2011, the EPA proposed revisions to certain provisions of the March 21, 2011, final rule, and requested public comment on several provisions of the final rule. The EPA is now taking final action on the proposed reconsideration.
Styrene-2-Ethylhexyl Acrylate Copolymer; Tolerance Exemption
Document Number: 2013-02011
Type: Rule
Date: 2013-01-30
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, 2-ethylhexyl ester, polymer with ethenylbenzene; also known as styrene-2-ethylhexyl acrylate copolymer when used as an inert ingredient in a pesticide chemical formulation. H. B. Fuller Company 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 2-propenoic acid, 2-Ethylhexyl Ester, Polymer with Ethenylbenzene on food or feed commodities.
Withdrawal of Pesticide Petitions for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: 2013-02009
Type: Proposed Rule
Date: 2013-01-30
Agency: Environmental Protection Agency
This document announces the withdrawal of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. The petitions were either withdrawn voluntarily by the petitioners or administratively by the Agency.
National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines
Document Number: 2013-01288
Type: Rule
Date: 2013-01-30
Agency: Environmental Protection Agency
The EPA is finalizing amendments to the national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines. The final amendments include alternative testing options for certain large spark ignition (generally natural gas-fueled) stationary reciprocating internal combustion engines, management practices for a subset of existing spark ignition stationary reciprocating internal combustion engines in sparsely populated areas and alternative monitoring and compliance options for the same engines in populated areas. The EPA is establishing management practices for existing compression ignition engines on offshore vessels. The EPA is also finalizing limits on the hours that stationary emergency engines may be used for emergency demand response and establishing fuel and reporting requirements for certain emergency engines used for emergency demand response. The final amendments also correct minor technical or editing errors in the current regulations for stationary reciprocating internal combustion engines.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing (Renewal), EPA ICR Number 2352.03
Document Number: 2013-01831
Type: Notice
Date: 2013-01-29
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; NESHAP for Paints and Allied Products Manufacturing Area Source Category (Renewal)
Document Number: 2013-01830
Type: Notice
Date: 2013-01-29
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; Brownfields Program-Accomplishment Reporting (Revision)
Document Number: 2013-01829
Type: Notice
Date: 2013-01-29
Agency: Environmental Protection Agency
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 to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Miscellaneous Organic Chemical Manufacturing (Renewal)
Document Number: 2013-01828
Type: Notice
Date: 2013-01-29
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; Emission Guidelines for Large Municipal Waste Combustors Constructed on or Before September 20, 1994 (Renewal)
Document Number: 2013-01802
Type: Notice
Date: 2013-01-29
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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; EPA's ENERGY STAR Program in the Commercial and Industrial Sectors (Renewal)
Document Number: 2013-01798
Type: Notice
Date: 2013-01-29
Agency: Environmental Protection Agency
The Environmental Protection Agency has submitted an information collection request (ICR), ``EPA's ENERGY STAR Program in the Commercial and Industrial Sectors'' (EPA ICR No. 1772.06, OMB Control No. 2060-0347) 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 extension of the ICR, which is currently approved through January 31, 2013. Public comments were previously requested via the Federal Register (77 FR 46089) on August 2, 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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Coal Preparation and Processing Plants (Renewal)
Document Number: 2013-01797
Type: Notice
Date: 2013-01-29
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.
Approval and Promulgation of Air Quality Implementation Plans; Ohio and Indiana; Cincinnati-Hamilton, OH; Ohio and Indiana 1997 8-Hour Ozone Maintenance Plan Revisions to Approved Motor Vehicle Emissions Budgets
Document Number: 2013-01733
Type: Rule
Date: 2013-01-29
Agency: Environmental Protection Agency
EPA is approving the request by Ohio and Indiana to revise the Cincinnati-Hamilton 1997 8-hour ozone maintenance air quality State Implementation Plans (SIPs) to replace the previously approved motor vehicle emissions budgets (budgets) with budgets developed using EPA's Motor Vehicle Emissions Simulator (MOVES) emissions model. The Ohio and Indiana portions of the Cincinnati-Hamilton area include the Ohio Counties of Butler, Clermont, Clinton, Hamilton and Warren, Ohio, and Lawrenceburg Township in Dearborn County, Indiana. Ohio submitted the SIP revision request to EPA on June 29, 2012. Indiana submitted the SIP revision request for parallel processing in a letter dated October 12, 2012, and followed up with a final submittal on December 11, 2012. Ohio and Indiana have submitted identical budgets which cover the Ohio and Indiana portions of the Cincinnati-Hamilton 1997 ozone maintenance area.
Approval and Promulgation of Air Quality Implementation Plans; Ohio and Indiana; Cincinnati-Hamilton, Ohio, Ohio and Indiana 1997 8-Hour Ozone Maintenance Plan Revisions to Approved Motor Vehicle Emissions Budgets
Document Number: 2013-01726
Type: Proposed Rule
Date: 2013-01-29
Agency: Environmental Protection Agency
EPA is proposing to approve the request by Ohio and Indiana to revise the Cincinnati-Hamilton, 1997 8-hour ozone maintenance air quality State Implementation Plans (SIPs) to replace the previously approved motor vehicle emissions budgets (budgets) with budgets developed using EPA's Motor Vehicle Emissions Simulator (MOVES) 2010a emissions model. The Ohio and Indiana portions of the Cincinnati- Hamilton area include the Ohio Counties of Butler, Clermont, Clinton, Hamilton, and Warren, Ohio and Lawrenceburg Township in Dearborn County, Indiana. Ohio submitted the SIP revision request to EPA on June 29, 2012. Indiana submitted the SIP revision request to EPA for parallel processing with a letter dated October 12, 2012, and followed up with a final submittal on December 11, 2012. Ohio and Indiana have submitted identical budgets which cover the Ohio and Indiana portions of the Cincinnati-Hamilton 1997 ozone maintenance area.
Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding AboveNet Communications, Inc.
Document Number: 2013-01708
Type: Notice
Date: 2013-01-28
Agency: Environmental Protection Agency
EPA has entered into a Consent Agreement with AboveNet Communications, Inc. to resolve violations of the Clean Water Act (CWA) and the Emergency Planning and Community Right-to-Know Act (EPCRA), 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 and EPCRA portions of this Consent Agreement, as required by CWA Section 311(b)(6)(C).
Public Comment on EPA's National Enforcement Initiatives for Fiscal Years 2014-2016
Document Number: 2013-01706
Type: Notice
Date: 2013-01-28
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is soliciting public comment and recommendations on national enforcement initiatives to be undertaken in fiscal years 2014-2016. EPA selects these priority areas every three years in order to focus federal resources on the most important environmental problems where noncompliance is a significant contributing factor and where federal enforcement attention can make a difference. For the FY 2011-2013 time period, the U.S. Environmental Protection Agency, Office of Enforcement and Compliance Assurance, has six national enforcement initiatives. These initiatives are (1) Municipal Infrastructureaddressing sewage discharges from combined sewer systems, sanitary sewer systems, and municipal separate storm sewer systems; (2) Mineral Processingaddressing hazardous waste at phosphoric acid facilities and high risk mineral processing sites; (3) New Source Reviewcontrolling emissions from coal fired utility sector, cement plants, glass plants, and acid production plants; (4) Air Toxicsaddressing toxic emissions from high risk facilities by examining leak detection and repair (LDAR), flares, and excess emission sources; (5) Energy Extractionaddressing land-based natural gas extraction facilities, including corporate-wide evaluations; and (6) Concentrated Animal Feeding Operationsaddressing animal waste discharges from large animal feeding facilities. For more information on the current initiatives, full descriptions can be found on our Web site: http://www.epa.gov/compliance/data/planning/initiatives/ index.html. In addition to these sector-based approaches, EPA could choose to focus a national initiative on a strategic area that would improve the Agency's ability to conduct its enforcement and compliance program. For example, EPA is investing in a new approach called Next Generation Compliance to dramatically improve compliance by, among other things, employing advances in emissions monitoring and information technology; expanding transparency by making information publicly available. This availability of information will empower communities to play an active role in compliance oversight and improve the performance of both the government and regulated entities. The public is invited to comment on extending the current six national enforcement initiatives for the 2014-2016 cycle. The public is also invited to propose new sectors or other important strategic areas for consideration. Commenters should keep in mind the Agency's resource constraints, given that final decisions will need to consider the Agency's funding level. Final selection will be incorporated into the EPA Office of Enforcement and Compliance Assurance Final National Program Manager Guidance (that provides national program direction for all EPA regional offices) to be released in the Spring 2013. EPA will consider these comments as it moves forward in the decision-making process, but will not respond to all comments received.
Operating Industries, Inc. Superfund Site, Monterey Park, CA; Notice of Proposed CERCLA Administrative De Minimis Settlement
Document Number: 2013-01593
Type: Notice
Date: 2013-01-28
Agency: Environmental Protection Agency
In accordance with Section 122(i)(1) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9622(i) and Section 7003(d) of the Resource Conservation and Recovery Act, as amended (RCRA), 42 U.S.C. 6973, notice is hereby given of a proposed administrative settlement with 47 de minimis settling parties for recovery of response costs concerning the Operating Industries, Inc. Superfund Site in Monterey Park, California. The settlement is entered into pursuant to Section 122(g) of CERCLA, 42 U.S.C. 9622(g) and it requires the settling parties to pay $1,624,928 to the United States Environmental Protection Agency (Agency). The settlement includes a covenant not to sue the settling parties pursuant to Sections 106 or 107(a) of CERCLA, 42 U.S.C. 9606 or 9607(a), and Section 7003(d) of RCRA, 42 U.S.C. 6973. 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. The Agency's response to any comments received will be available for public inspection at 75 Hawthorne Street, San Francisco, CA 94105.
Proposed Modification of Significant New Uses of Ethaneperoxoic Acid, 1,1-Dimethylpropyl Ester
Document Number: 2013-01589
Type: Proposed Rule
Date: 2013-01-28
Agency: Environmental Protection Agency
Under the Toxic Substances Control Act (TSCA), EPA is proposing to amend the significant new use rule (SNUR) for the chemical substance identified as ethaneperoxoic acid, 1,1-dimethylpropyl ester, which was the subject of premanufacture notice (PMN) P-85-680. This action would amend the SNUR to allow certain uses without requiring a significant new use notice (SNUN), and would extend SNUN requirements to certain additional uses. EPA is proposing this amendment based on review of new toxicity test data.
Environmental Impacts Statements; Notice of Availability
Document Number: 2013-01586
Type: Notice
Date: 2013-01-25
Agency: Environmental Protection Agency
Approval and Promulgation of Implementation Plans; State of Missouri; Control of Sulfur Emissions From Stationary Boilers
Document Number: 2013-01462
Type: Proposed Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
EPA proposes to approve revisions to the Missouri State Implementation Plan (SIP) submitted October 27, 2009. This revision adds a new rule to reduce the concentration of fine particles (PM2.5) in the St. Louis nonattainment area by limiting sulfur dioxide (SO2) emissions (a precursor pollutant to PM2.5), from industrial boilers. EPA is approving this revision because it strengthens the Missouri SIP. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans; State of Missouri; Control of Sulfur Emissions From Stationary Boilers
Document Number: 2013-01459
Type: Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Missouri State Implementation Plan (SIP) submitted October 27, 2009. This revision adds a new rule to reduce the concentration of fine particles (PM2.5) in the St. Louis nonattainment area by limiting sulfur dioxide (SO2) emissions (a precursor pollutant to PM2.5), from industrial boilers. EPA is approving this revision because it strengthens the Missouri SIP. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Revisions to the California State Implementation Plan, South Coast Air Quality Management District
Document Number: 2013-01449
Type: Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on September 19, 2012 and concern lead emissions from large lead-acid battery recycling facilities. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Adequacy of Massachusetts Municipal Solid Waste Landfill Permit Program
Document Number: 2013-01440
Type: Proposed Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
EPA Region 1 proposes to approve Massachusetts's modification of its approved Municipal Solid Waste Landfill Program. On March 22, 2004, EPA issued final regulations allowing research, development, and demonstration (RD&D) permits to be issued to certain municipal solid waste landfills by approved states. On December 7, 2012 Massachusetts submitted an application to EPA Region 1 seeking Federal approval of its RD&D requirements.
Adequacy of Massachusetts Municipal Solid Waste Landfill Permit Program
Document Number: 2013-01435
Type: Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
This action approves a modification to Massachusetts's approved municipal solid waste landfill (MSWLF) program. The approved modification allows the State to issue Research, Development, and Demonstration (RD&D) Permits to owners and operators of MSWLF in accordance with its State law. On March 22, 2004, EPA issued final regulations allowing research, development, and demonstration (RD&D) permits to be issued to certain municipal solid waste landfills by approved states. On December 7, 2012 Massachusetts submitted an application to EPA Region 1 seeking Federal approval of its RD&D requirements. After thorough review EPA Region 1 is determining that Massachusetts's RD&D permit requirements are adequate through this direct final action.
Denial of Reconsideration Petition on Model Year 2012-2016 Light Duty Vehicle Greenhouse Gas Emissions Standards
Document Number: 2013-01415
Type: Proposed Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) is providing notice that it is denying the petition of the Pacific Legal Foundation (PLF) to reconsider the final rules establishing greenhouse gas emissions standards from light duty motor vehicles for model years 2012-2016.
Revisions to Procedural Rules To Clarify Practices and Procedures Applicable in Permit Appeals Pending Before the Environmental Appeals Board
Document Number: 2013-01318
Type: Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
This rule revises existing procedures for appeals from RCRA, UIC, NPDES, PSD or other final permit decisions that are filed with the Environmental Appeals Board in an effort to simplify and make more efficient the review process, particularly in appeals from permits issued under new source review provisions. Most significantly, the changes reconcile current provisions of the regulation governing appeals, which over time has proven to be somewhat confusing and redundant. The changes will bring the regulation more fully in line with current practice. Under the current rule, a Petitioner is required to file a substantive petition for review demonstrating that review is warranted. The Environmental Appeals Board considers that substantive petition, as well as any briefs filed in response to the petition, to determine whether to grant review. If review is granted, the current rule contemplates that a second substantive round of briefing is begun and another substantive review process occurs. In practice, however, the Board has determined that a second round of briefing generally is unnecessary because in nearly all cases, a decision on the merits can be made based on the substantive briefs already filed. The changes to the rule clarify to practitioners that substantive briefing must be submitted at the outset of the appeal and that one substantive review will occur. Additional briefing may be ordered when the Board determines it warranted. A number of additional provisions governing procedure are also added to the rule to reflect existing practices that are currently guided by standing orders of the Environmental Appeals Board and its Practice Manual. Revising the regulation to reflect current practice will provide clarity to practitioners before the Board, which will in turn make the appeals process more efficient by avoiding unnecessary filings and Board orders.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Alabama; Redesignation of the Birmingham 2006 24-Hour Fine Particulate Matter Nonattainment Area to Attainment
Document Number: 2013-01209
Type: Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
EPA is taking final action to approve a request submitted on June 17, 2010, from the State of Alabama, through the Alabama Department of Environmental Management (ADEM), Air Division, to redesignate the Birmingham fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Birmingham Area'' or ``Area'') to attainment for the 2006 24-hour PM2.5 national ambient air quality standards (NAAQS). The Birmingham 2006 24-hour PM2.5 nonattainment area is comprised of Jefferson and Shelby Counties in their entireties and a portion of Walker County. EPA's approval of the redesignation request is based on the determination that the State of Alabama has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA or Act), including the determination that the Birmingham Area has attained the 2006 24-hour PM2.5 NAAQS. Additionally, EPA is approving a revision to the Alabama state implementation plan (SIP) to include the 2006 24-hour PM2.5 maintenance plan for the Birmingham Area that contains the new 2024 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5. This action also approves the 2009 emissions inventory submitted with the maintenance plan.
Approval and Promulgation of Air Quality Implementation Plans; Massachusetts and New Hampshire; Enhanced Motor Vehicle Inspection and Maintenance Program
Document Number: 2013-00930
Type: Proposed Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the Commonwealth of Massachusetts and the State of New Hampshire. These revisions include regulations to update the enhanced motor vehicle inspection and maintenance (I/M) programs in Massachusetts and New Hampshire. The revised programs in Massachusetts and New Hampshire include a test and repair network for an on-board diagnostic (OBD2) testing program for model year 1996 and newer vehicles. The intended effect of this action is to propose approval of the revised programs into the Massachusetts and New Hampshire SIPs. This action is being taken under the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Massachusetts and New Hampshire; Enhanced Motor Vehicle Inspection and Maintenance Program
Document Number: 2013-00929
Type: Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
EPA is approving State Implementation Plan (SIP) revisions submitted by the Commonwealth of Massachusetts and the State of New Hampshire. These revisions include regulations to update the enhanced motor vehicle inspection and maintenance (I/M) programs in Massachusetts and New Hampshire. The revised programs in Massachusetts and New Hampshire include a test and repair network for an on-board diagnostic (OBD2) testing program for model year 1996 and newer vehicles. The intended effect of this action is to approve the revised programs into the Massachusetts and New Hampshire SIPs. This action is being taken in accordance with the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonably Available Control Technology Requirements for Volatile Organic Compounds
Document Number: 2013-00839
Type: Rule
Date: 2013-01-25
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. These revisions pertain to the adoption of various test methods, calculations methods, work practice standards and exemptions which make Maryland Department of the Environment (MDE) regulations more consistent with EPA's Control Techniques Guidelines (CTGs) for seven source categories. These categories are: Paper, film, and foil coatings; industrial cleaning solvents; miscellaneous metal and plastic parts coatings; large appliance coatings; offset lithographic printing and letterpress printing; flat wood paneling coatings; and flexible package printing. EPA is approving these revisions to reduce volatile organic compound (VOC) emissions from these seven categories which will help Maryland attain and maintain the National Ambient Air Quality Standards (NAAQS) for ozone in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Regional Haze
Document Number: 2013-01417
Type: Proposed Rule
Date: 2013-01-24
Agency: Environmental Protection Agency
On March 26, 2012, the Environmental Protection Agency (EPA) proposed to approve a revision to the Connecticut State Implementation Plan (SIP) that addresses regional haze for the first planning period from 2008 through 2018. The SIP was submitted by the Connecticut Department of Environmental Protection (now known as Connecticut Department of Energy and Environmental Protection or ``CT DEEP'') on November 18, 2009, with additional submittals on February 24, 2012 and March 12, 2012. In the March 26, 2012 rulemaking, pursuant to CT DEEP's request under parallel processing, EPA proposed approval of Connecticut's proposed regulation establishing an intra- state nitrogen oxides (NOX) trading program. This rule was designed to serve as a Clean Air Interstate Rule (CAIR) replacement rule and was one component of the State's alternative to Best Available Retrofit Technology (BART) plan. Connecticut is, however, along with the other eastern States, continuing to implement CAIR. On November 23, 2012, CT DEEP submitted a letter withdrawing the State's February 24, 2012 parallel processing request of its CAIR replacement rule. In today's action, EPA is supplementing our March 26, 2012 proposal to include the proposed approval of Connecticut's alternative to BART plan based in part on Connecticut's CAIR rule, as originally submitted by the State on November 18, 2009.
Proposed Settlement Agreement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended by the Superfund Amendments and Reauthorization Act of 1986; in Re: Bay State Plating and Polishing Inc., Superfund Site, Located in Lawrence, MA
Document Number: 2013-01414
Type: Notice
Date: 2013-01-24
Agency: Environmental Protection Agency
In accordance with the Comprehensive Environmental Response Compensation, and Liability Act, as amended (``CERCLA''), notice is hereby given of a Proposed Settlement Agreement under Section 122(h) of CERCLA, between the United States, on behalf of the U.S. Environmental Protection Agency (``EPA'') and Pacific Mills Acquisition, LLC (the ``Settling Party'') with respect to the Bay State Plating and Polishing Inc. Superfund Site (the ``Site''). EPA completed a removal action at the Site in 2005 incurring a total of approximately $600,500. Pursuant to the Proposed Settlement Agreement, the Settling Party agrees to pay EPA $300,000 in exchange for EPA to release a lien on property owned by the Settling Party. The Settling Party has demonstrated a limited ability to pay and this Proposed Settlement Agreement represents a fair and reasonable compromise of EPA's past costs. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the Proposed Settlement Agreement. EPA will consider all comments received and may modify or withdraw its consent to the Settlement Agreement 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 5 Post Office Square, Boston, MA 02109.
Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to New Source Review Rules
Document Number: 2013-00579
Type: Rule
Date: 2013-01-24
Agency: Environmental Protection Agency
EPA is taking final action to approve revisions adopted by the State of Colorado on December 15, 2005, to Regulation No. 3 (Air Pollutant Emission Notice and Permitting Requirements). Colorado submitted the request for approval of these rule revisions into the State Implementation Plan (SIP) on August 21, 2006. The revisions remove repealed provisions in Regulation No. 3 that pertain to the issuance of Colorado air quality permits; the revisions also implement other minor administrative changes and renumbering. The intended effect of this action is to take final action to approve the rules that are consistent with the Clean Air Act (CAA.) This action is being taken under section 110 of the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Reasonably Available Control Technology for the 1997 8-Hour Ozone Standard
Document Number: 2013-01340
Type: Proposed Rule
Date: 2013-01-23
Agency: Environmental Protection Agency
EPA is proposing approval of State Implementation Plan revisions submitted by the State of Connecticut. These SIP revisions consist of a demonstration that Connecticut meets the requirements of reasonably available control technology for oxides of nitrogen and volatile organic compounds set forth by the Clean Air Act with respect to the 1997 8-hour ozone standard. Additionally, we are proposing approval of three single source orders. This action is being taken in accordance with the Clean Air Act.
Revision to the Washington State Implementation Plan; Tacoma-Pierce County Nonattainment Area
Document Number: 2013-01339
Type: Proposed Rule
Date: 2013-01-23
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Washington Department of Ecology (Ecology) dated November 28, 2012. This SIP revision consists of two elements proposed for EPA approval. First, EPA is proposing to approve the ``2008 Baseline Emissions Inventory and Documentation'' included as Appendix A to the SIP revision. The emissions inventory was submitted to meet Clean Air Act (CAA) requirements related to the Tacoma-Pierce County nonattainment area for the 2006 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS). Second, EPA is proposing to approve updated rules submitted by Ecology on behalf of the Puget Sound Clean Air Agency (PSCAA), contained in Appendix B, ``SIP Strengthening Rules.'' The updated PSCAA rules help implement the recommendations of the Tacoma-Pierce County Clean Air Task Force, an advisory committee of community leaders, citizen representatives, public health advocates, and other affected parties, formed to develop PM2.5 reduction strategies.
Notice of Intent To Suspend Certain Pesticide Registrations
Document Number: 2013-01311
Type: Notice
Date: 2013-01-23
Agency: Environmental Protection Agency
This notice, pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), publishes two notices of intent to suspend issued by EPA. Each Notice of Intent to Suspend was issued following the Agency's issuance of a Data Call-In notice (DCI), which required the registrants of the affected pesticide products containing a certain pesticide active ingredient to take appropriate steps to secure certain data, and following the registrants' failure to submit these data or to take other appropriate steps to secure the required data. The subject data were determined to be required to maintain in effect the existing registrations of the affected products. Failure to comply with the data requirements of a DCI is a basis for suspension of the affected registrations under FIFRA.
Approval and Promulgation of Implementation Plans; South Carolina: New Source Review-Prevention of Significant Deterioration
Document Number: 2013-01205
Type: Proposed Rule
Date: 2013-01-23
Agency: Environmental Protection Agency
EPA is proposing to approve changes to the South Carolina State Implementation Plan (SIP) submitted by the South Carolina Department of Health and Environmental Control (SC DHEC) to EPA in five separate SIP submittals dated May 1, 2012, July 18, 2011, February 16, 2011, December 23, 2009, and December 4, 2008. The SIP revisions make changes to South Carolina's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program to adopt federal PSD requirements regarding fine particulate matter (PM2.5) and changes to the State's provisions related to the national ambient air quality standards (NAAQS) and volatile organic compounds (VOC). EPA is proposing to approve portions of the submittals as revisions to South Carolina's SIP because the Agency has preliminarily determined that they are consistent with section 110 of the Clean Air Act (CAA or Act) and EPA regulations regarding NSR permitting.
Epoxy Polymer; Exemption From the Requirement of a Tolerance
Document Number: 2013-01196
Type: Rule
Date: 2013-01-23
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of polymers of one or more diglycidyl ethers of bisphenol A, resorcinol, glycerol, cyclohexanedimethanol, neopentyl glycol, and polyethylene glycol, with one or more of the following: Polyoxypropylene diamine, polyoxypropylene triamine, N- aminoethyl-piperazine, trimethyl-1,6-hexanediamine isophorone diamine, N,N-dimethyl-1,3-diaminopropane, nadic methyl anhydride, 1,2- cyclohexane-dicarboxylic anhydride and 1,2,3,6-tetrahydrophthalic anhydride; also referred to as epoxy polymer, when used as an inert ingredient in a pesticide chemical formulation. Syngenta Crop Protection, LLC 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 polymers of one or more of the epoxy polymers.
Proposed Significant New Use Rule on Certain Chemical Substances
Document Number: 2013-01194
Type: Proposed Rule
Date: 2013-01-23
Agency: Environmental Protection Agency
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for four chemical substances which were the subject of premanufacture notices (PMNs). This action would require persons who intend to manufacture, import, or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.
National Oil and Hazardous Substances Pollution Contingency Plan; Revision To Increase Public Availability of the Administrative Record File
Document Number: 2013-01191
Type: Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
Because EPA received adverse comment, we are withdrawing the direct final rule for National Oil and Hazardous Substances Pollution Contingency Plan; Revision to Increase Public Availability of the Administrative Record File, published on November 7, 2012.
Approval, Disapproval and Promulgation of State Implementation Plans; State of Utah; Regional Haze Rule Requirements for Mandatory Class I Areas Under 40 CFR 51.309; Correction
Document Number: 2013-01081
Type: Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
The EPA is supplementing the preamble to the final rule that appeared in the Federal Register on December 14, 2012. This final rule partially approved and partially disapproved a State Implementation Plan (SIP) revision submitted by the State of Utah on May 26, 2011 that addresses regional haze. The final rule preamble inadvertently did not include language pertaining to judicial review, and this document adds that language.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Alabama; Redesignation of the Birmingham 1997 Annual Fine Particulate Matter Nonattainment Area to Attainment
Document Number: 2013-00954
Type: Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
EPA is taking final action to approve a request submitted on May 2, 2011, from the State of Alabama, through the Alabama Department of Environmental Management (ADEM), Air Division, to redesignate the Birmingham fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Birmingham Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 national ambient air quality standards (NAAQS). The Birmingham 1997 Annual PM2.5 nonattainment area is comprised of Jefferson and Shelby Counties in their entireties and a portion of Walker County. EPA's approval of the redesignation request is based on the determination that the State of Alabama has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA or Act), including the determination that the Birmingham Area has attained the 1997 Annual PM2.5 NAAQS. Additionally, EPA is approving a revision to the Alabama state implementation plan (SIP) to include the 1997 Annual PM2.5 maintenance plan for the Birmingham Area that contains the new 2024 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5. This action also approves the 2009 emissions inventory submitted with the maintenance plan.
Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Infrastructure and Interstate Transport Requirements for the 2006 PM2.5
Document Number: 2013-00731
Type: Rule
Date: 2013-01-22
Agency: Environmental Protection Agency
EPA is approving the submittal from the State of New Mexico pursuant to the Clean Air Act (CAA or Act) that addresses the infrastructure elements specified in the CAA necessary to implement, maintain, and enforce the 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or standard). The submittal addresses the infrastructure elements specified in the CAA necessary to implement, maintain and enforce the 2006 PM2.5 NAAQS. We find that the current New Mexico State Implementation Plan (SIP) contains the infrastructure elements for the 2006 PM2.5 NAAQS.