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

EPA is taking direct final action to approve revisions to the Missouri State Implementation Plan (SIP) submitted March 17, 2011. This revision will amend the rule restricting emissions of particulate matter from industrial sources by providing an alternative compliance method for wet corn milling drying operations. The revisions to Missouri's rule do not have an adverse affect on air quality. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).

EPA is proposing to approve a revision to the Tennessee State Implementation Plan (SIP), submitted to EPA on December 13, 2012, by the State of Tennessee, through the Tennessee Department of Environment and Conservation. Tennessee's December 13, 2012, SIP revision includes changes to the maintenance plan for the Knox County 1-hour ozone area submitted on August 26, 1992, and approved by EPA on September 27, 1993, and a subsequent SIP revision approved by EPA on August 5, 1997. The Knox County 1-hour ozone area was comprised of Knox County in its entirety. The December 13, 2012, SIP revision proposes to increase the safety margin allocated to motor vehicle emissions budgets for nitrogen oxides and volatile organic compounds for Knox County to account for changes in the emissions model and vehicle miles traveled projection model. EPA is approving this SIP revision because the State has demonstrated that it is consistent with the Clean Air Act.

As additions to Ohio's State Implementation Plan (SIP) under the Clean Air Act, EPA is approving six Permit-by-Rule (PBR) provisions, a Permit to Install and Operate (PTIO) program, two permanent exemptions from the Permit to Install (PTI) requirement, and a General Permit program. The Ohio Environmental Protection Agency (OEPA) requested these rule revisions to make its air pollution permit program more efficient. Approving these additions will make the PBRs, PTIOs, and general permits Federally enforceable. Because these rule revisions will make Ohio's air permit program more efficient while continuing to protect human health and the environment, EPA approves the revisions.

EPA is proposing to approve the State Implementation Plan (SIP) submitted by the State of Kansas on July 27, 2010, to add two new rules which implement restrictions on the idling of heavy duty diesel vehicles and reduce nitrogen oxide (NOX) emissions at stationary sources in the Kansas portion of the Kansas City Maintenance Area for ozone. EPA is approving this revision because the standards and requirements set by the rules will strengthen the Kansas SIP. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).

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.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Consolidated Superfund Information Collection Request (Renewal)'' (EPA ICR No. 1487.11, OMB Control No. 2050-0179) 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 February 28, 2013. It is also a proposed consolidation of three ICR's into one. EPA ICR's No. 1488.08, OMB Control No. 2050-0095 ``Superfund Site Evaluation and Hazard Ranking System (Renewal)'' and ICR No. 1463.09, OMB Control No. 2050-0096 ``National Oil and Hazardous Substance Pollution Contingency Plan (NCP) (Renewal)'' are being consolidated into EPA ICR No. 1487.11, OMB Control No. 2050-0179 ``Consolidated Superfund Information Collection Request (Renewal).'' Public comments were previously requested via the Federal Register (77 FR 47835) on August 10, 2012 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

EPA is taking direct final action to approve changes to the Tennessee State Implementation Plan (SIP), submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) on September 3, 1999. Tennessee's September 3, 1999, SIP adds 17 compounds to the list of compounds excluded from the definition of ``Volatile Organic Compound'' (VOC). EPA is approving this SIP revision because the State has demonstrated that it is consistent with the Clean Air Act (CAA or Act).

The Regional Administrator of EPA Region 6 is hereby granting a project waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the Oklahoma Conservation Commission (``the applicant'') for the for 2,400 square yards of fiber (coir) woven mats to be installed as part of a stream channel restoration on eleven sites located in Adair and Cherokee Counties, Oklahoma for the CWSRF wastewater treatment plant project. The required fiber (coir) woven mat is manufactured by foreign manufacturers and no United States manufacturer produces an alternative that meets the Applicant's technical specifications. This is a project specific waiver and only applies to the use of the specified product for the ARRA funded project being proposed. Any other ARRA project that may wish to use the same product must apply for a separate waiver based on the specific project circumstances. The Regional Administrator is making this determination based on the review and recommendations of the EPA Region 6, Water Quality Protection Division. The Applicant has provided sufficient documentation to support its request. The Assistant Administrator of the EPA's Office of Administration and Resources Management has concurred on this decision to make an exception to Section 1605 of ARRA. This action permits the purchase of the selected fiber (coir) woven mat is not manufactured in America, for the proposed project being implemented by the Applicant.

The EPA is taking direct final action to revise the deadline by which owners or operators of facilities subject to the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule must submit requests for use of best available monitoring methods to the Administrator. This revision does not change any other requirements for owners or operators that are outlined in the best available monitoring method rule provisions.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``RadNet (Renewal)'' (EPA ICR No. 0877.11, OMB Control No. 2060-0015) 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 July 31, 2013. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

This notice announces the broadly applicable alternative test method approval decisions the EPA has made under and in support of New Source Performance Standards (NSPS) and the National Emission Standards for Hazardous Air Pollutants (NESHAP) under the Clean Air Act (CAA) in 2012.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania (Pennsylvania). This proposed revision consists of an update to the SIP-approved Motor Vehicle Emissions Budgets (MVEBs) for the Pennsylvania counties in the Philadelphia-Wilmington, PA-NJ-DE 1997 fine particulate matter (PM2.5) Nonattainment Area (hereafter referred to as the Philadelphia Area) to reflect the use of the most recent version of the Motor Vehicle Emission Simulator model (MOVES). Those counties are: Philadelphia, Montgomery, Delaware, Chester, and Bucks Counties. This rulemaking proposes to approve the MVEBs and thereby make them available for transportation conformity purposes. EPA determined on May 16, 2012 that the Philadelphia Area attained the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date. Approval of this SIP revision will not interfere with the Philadelphia Area's ability to continue to attain the 1997 PM2.5 NAAQS. This action is being taken under section 110 of the Clean Air Act (CAA).

EPA has received a specific exemption request from the Michigan Department of Agriculture to use the pesticide kasugamycin (CAS No. 6980-18-3) to treat up to 10,000 acres of apples to control fire blight. The applicant proposes the use of a new chemical which has not been registered by EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

The EPA is proposing to revise the definition of volatile organic compounds (VOCs) for purposes of preparing state implementation plans (SIPs) to attain the national ambient air quality standards for ozone under title I of the Clean Air Act (CAA). This proposed revision would add trans 1-chloro-3,3,3-trifluoroprop-1-ene (also known as SolsticeTM 1233zd(E)) to the list of compounds excluded from the definition of VOCs on the basis that this compound makes a negligible contribution to tropospheric ozone formation. In the ``Rules and Regulations'' section of this Federal Register, we are making these same amendments as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

EPA is proposing approval of State Implementation Plan (SIP) revisions submitted by the State of Massachusetts. These SIP revisions consist of a demonstration that Massachusetts meets the requirements of reasonably available control technology for oxides of nitrogen (NOX) and volatile organic compounds (VOC) set forth by the Clean Air Act with respect to the 1997 8-hour ozone standard. Additionally, we are proposing approval of updates to two existing regulations limiting emissions of volatile organic compounds. This action is being taken in accordance with the Clean Air Act.

EPA is approving a State Implementation Plan (SIP) submittal from the State of Alaska as meeting the requirements of Clean Air Act (CAA) sections169A and 169B and federal regional haze regulations. The SIP implements a regional haze program in the State of Alaska for the first regional haze planning period, through July 31, 2018. This submittal addresses the requirements of the Clean Air Act (CAA) and EPA's rules that require states to prevent any future and remedy any existing manmade impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). In this action, EPA is approving all provisions of Alaska's Regional Haze SIP submission, including the requirements for the calculation of baseline and natural visibility conditions, statewide inventory of visibility-impairing pollutants, best available retrofit technology (BART), Reasonable Progress Goals (RPGs), and Long-Term Strategy (LTS). Additionally, EPA is approving the Alaska Department of Environmental Conservation Best Available Retrofit Technology regulations, and amendments to Alaska's Area Wide Pollution Control Program for Regional Haze.

EPA is proposing to fully approve two permitting rules submitted by California as a revision to the Sacramento Metropolitan Air Quality Management District (SMAQMD or District) portion of the California State Implementation Plan (SIP). These rules were adopted by the SMAQMD to regulate the construction and modification of stationary sources of air pollution within Sacramento County. EPA is proposing to approve this SIP revision based on the Agency's conclusion that the rules are consistent with applicable Clean Air Act (CAA) requirements, policies and guidance. Final approval of these rules would make the rules federally enforceable and correct program deficiencies identified in a previous EPA rulemaking on July 20, 2011.

The Office of Chemical Safety and Pollution Prevention, in conjunction with the United States Department of Agriculture, will facilitate a public meeting with parties engaged in activities to reduce potential acute exposure of honey bees and pollinators to pesticides. Invited presenters will provide briefings on current activities in three key areas related to improving seed treatment techniques; reducing the generation of dust that occurs during planting operations; and raising awareness of current best management practices that are available to mitigate potential acute pesticide exposure to pollinators. Pollinators are an important component of agricultural production, critical to food and ecosystems, and must be protected so that they can continue to play this important role. The intended outcome of this meeting is to share information and look for areas of collaboration to lessen the unintended impacts of pesticides on pollinators during coming and future growing seasons. This meeting complements EPA's ongoing work through the Pesticide Program Dialogue Committee (PPDC) to support and take action to improve pollinator health.

The Environmental Protection Agency (EPA or the Agency) is finalizing revisions to the 1989 Total Coliform Rule (TCR). The Revised Total Coliform Rule (RTCR) offers a meaningful opportunity for greater public health protection beyond the 1989 TCR. Under the RTCR there is no longer a monthly maximum contaminant level (MCL) violation for multiple total coliform detections. Instead, the revisions require systems that have an indication of coliform contamination in the distribution system to assess the problem and take corrective action that may reduce cases of illnesses and deaths due to potential fecal contamination and waterborne pathogen exposure. This final rule also updates provisions in other rules that reference analytical methods and other requirements in the 1989 TCR (e.g., Public Notification and Ground Water Rules). These revisions are in accordance with the 1996 Safe Drinking Water Act (SDWA) Amendments, which require EPA to review and revise, as appropriate, each national primary drinking water regulation no less often than every six years. These revisions also conform with the SDWA provision that requires any revision to ``maintain, or provide for greater, protection of the health of persons.'' As with the 1989 TCR, the RTCR applies to all public water systems.

Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement with thirty-four (34) parties to recover past cost resulting from a removal action at the Circle Environmental 1 and 2 Superfund Sites located in Dawson, Terrell County, Georgia.

The Director of the Office of Ecosystem Protection, Environmental Protection Agency-Region 1 (EPA), is issuing this Notice of Availability of a draft National Pollutant Discharge Elimination System (NPDES) general permit for discharges from small Municipal Separate Storm Sewer Systems (MS4s) to certain waters of the State of New Hampshire. The draft NPDES general permit establishes Notice of Intent (NOI) requirements, prohibitions, and management practices for stormwater discharges from small MS4s. A prior Notice of Availability of a draft general permit was issued by EPA in December 2008. EPA has substantially modified the draft general permit and is issuing a new draft general permit pursuant to 40 CFR 124.6.

EPA issued a draft Pesticide Registration (PR) notice in the Federal Register issue of December 12, 2012, requesting comments on Guidance for Antimicrobial Pesticide Products with Mold-Related Label Claims. This document extends the comment period for 60 days, from February 11, 2013 to April 12, 2013.

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT represents diverse interests from academia, industry, non-governmental organizations, and local, State, and tribal governments. The purpose of this meeting is for NACEPT to discuss and approve draft recommendations in response to the National Academy of Sciences' report on ``Sustainability and the U.S. EPA.'' NACEPT's second letter on sustainability will address two topics: (1) What strengths EPA can leverage to successfully deploy sustainability practices across the Agency, and (2) what 3-5 year breakthrough objectives are related to sustainability implementation and recommended measurement systems for assessing progress toward EPA's sustainability vision. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ofacmo/ nacept/cal-nacept.htm.

The Environmental Protection Agency (EPA) is approving the ozone attainment demonstration portion of comprehensive State Implementation Plan revisions submitted by New Jersey and New York to meet Clean Air Act requirements for attaining the 1997 8-hour ozone national ambient air quality standard. EPA is approving New Jersey's and New York's demonstrations of attainment of the 1997 8-hour ozone standard as they relate to their portions of three moderate nonattainment areas; the New York-Northern New Jersey-Long Island, NY- NJ-CT area, the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE area, and the Poughkeepsie, NY area.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the chartered SAB to: (1) Receive an update briefing on the EPA's Office of Research and Development's (ORD) implementation of strategic research plans; (2) conduct quality reviews of three draft SAB reports [on the use of computational toxicology (CompTox) to advance risk assessment; on EPA's retrospective study of the costs of EPA regulations; and on methodologies for estimating air emissions for broiler animal feeding operations and for lagoons and basins at swine and dairy animal feeding operations]; and (3) to discuss information provided in the agency's regulatory agenda, specifically planned actions and their supporting science.