Environmental Protection Agency April 19, 2013 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve a revision to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NC DENR), on July 30, 2012. The SIP revision modifies North Carolina's prevention of significant deterioration (PSD) program to incorporate by reference (IBR) the federal 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 North Carolina's SIP revision because the Agency has preliminarily determined that it is consistent with the Clean Air Act (CAA or Act) and EPA's new source review (NSR) permitting regulations.

This action provides notice that on March 28, 2013, the Acting EPA Administrator, Bob Perciasepe, signed a letter denying a petition for reconsideration of the final rule published in the Federal Register on September 19, 2012. The rule established new emission limits for hard and decorative chromium electroplating and chromium anodizing tanks, and steel picklingHCl process facilities and hydrochloric acid regeneration plants.

In accordance with the Clean Air Act, as amended (``CAA''), notice is hereby given of a proposed consent decree to resolve a lawsuit filed by the Center for Biological Diversity and the Center for Environmental Health (``Plaintiffs'') in the United States District Court for the Northern District of California: Center for Biological Diversity, et al. v. Jackson, No. C-12-04968 JWT (N.D. CA.). On September 24, 2012, Plaintiffs filed a complaint alleging that EPA failed to make a finding of failure to submit infrastructure state implementation plans (SIPs) for Colorado, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, Oklahoma, Oregon, Pennsylvania, South Dakota, Vermont, and Washington with regard to the 2008 lead National Ambient Air Quality Standard (2008 lead NAAQS) by the statutory deadline established by CAA. Plaintiffs' complaint also alleged that EPA failed to take final action on the infrastructure SIP submitted by Tennessee with regard to the 2008 Lead NAAQs by the statutory deadline established by CAA. In addition, the complaint alleges that EPA failed to determine whether the Herculaneum nonattainment area, in Jefferson County, Missouri attained the 1978 lead National Ambient Air Quality Standard (1978 lead NAAQS) by its attainment date as mandated by CAA. The proposed consent decree establishes a deadline of August 15, 2013 for EPA to take action with respect to the Tennessee infrastructure SIP and the Herculaneum nonattainment area.

EPA has received specific exemption requests from the Oregon Department of Agriculture to use the pesticide fipronil (CAS No. 120068-37-3) to treat up to 600 acres of turnips and rutabagas to control the cabbage maggot. The applicant proposes a use which is supported by the Interregional Research Project No. 4 (IR-4) and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

EPA has received several applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

EPA is proposing to approve a request submitted by the Indiana Department of Environmental Management on January 30, 2013, to revise the Indiana State Implementation Plan (SIP) for particulate matter under the Clean Air Act. This submission contains the 24-hour fine particle National Ambient Air Quality Standards (NAAQS) promulgated by EPA in 2006, and removes the annual coarse particle NAAQS that EPA has previously revoked. The submission also asks EPA to approve into the SIP certain Federally regulated criteria pollutant definitions and abbreviations.

EPA is approving a revision to the Illinois State Implementation plan (SIP) submitted by the Illinois Environmental Protection Agency (Illinois EPA) on November 14, 2011. This SIP revision consists of amendments to the Illinois Administrative Code (Ill. Adm. Code) by adding a ``small container exemption'' for pleasure craft surface coating operations in the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. These exemptions are approvable because they are consistent with EPA volatile organic compound (VOC) reasonably available control technology (RACT) policy.