Environmental Protection Agency July 3, 2013 – Federal Register Recent Federal Regulation Documents
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Proposed CERCLA Administrative Settlement Agreement and Order on Consent for the Mercury Refining Superfund Site, Towns of Guilderland and Colonie, Albany County, New York
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 2, of a proposed de minimis administrative settlement agreement and order on consent pursuant to Section 122(g)(4)of CERCLA, 42 U.S.C. 9622(g)(4). The settlement agreement includes settlement of penalties under Section 104(e)(5) of CERCLA, 42 U.S.C. 9604(e)(5) under the authority of the Attorney General of the United States to compromise and settle claims of the United States. The settlement is between EPA and Titan Wheel Corporation of Illinois (hereafter ``Titan'') pertaining to the Mercury Refining Superfund Site (``Site'') located in the Towns of Guilderland and Colonie, Albany County, New York. The settlement requires Titan to pay $23,000 to the EPA Hazardous Substance Superfund. The settlement amount covers Titan's fair share of cleanup costs incurred and anticipated to be incurred in the future, plus a ``premium'' that accounts for, among other things, uncertainties associated with the costs of that future work at the Site plus a penalty for Titan's failure to comply with an information request letter sent pursuant to Section 104(e) of CERCLA, 42 U.S.C. 9604(e). The settlement includes a covenant not to sue pursuant to Sections 106, 107 and 104(e)(5) of CERCLA, 42 U.S.C. 9606, 9607, and 9604(e)(5) relating to the Site, subject to limited reservations, and protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. 9613(f)(2) and 9622(g)(5). 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 received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region II, 290 Broadway, New York, New York 10007-1866.
Proposed Consent Decree, Clean Air Act Citizen Suit
In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed consent decree to address a lawsuit filed by Sierra Club in the United States District Court for the District of Columbia: Sierra Club v. Perciasepe, No. 1:12-cv-01917 (D.D.C). On November 28, 2012, Sierra Club filed a complaint alleging that EPA failed to take action on state implementation plan (``SIP'') submissions from the States of Wyoming and Connecticut by the statutory deadlines established by the Act. The proposed consent decree establishes deadlines for EPA to take action on the SIP submissions.
Notification of Deletion of System of Records: Kid's Club Membership List (EPA-57)
The Environmental Protection Agency is deleting the system of records for the Kids Club Membership List (EPA-57) published in the Federal Register on March 2, 2006, from its inventory of Privacy Act systems. The system is no longer active and the Web site has been taken down.
Metaldehyde; Amendment To Terminate Uses
This notice announces EPA's order for the amendment to terminate uses, voluntarily requested by the registrant and accepted by the Agency, of a product containing metaldehyde, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order follows a March 23, 2012 Federal Register Notice of Receipt of a Request from the registrant listed in Table 2 of Unit II. to voluntarily amend to terminate uses of this product registration. This is not the last product containing this pesticide registered for use in the United States. In the March 23, 2012 notice, EPA indicated that it would issue an order implementing the amendment to terminate uses, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrant withdrew its request. The Agency received comments on the notice but none merited its further review of the requests. Further, the registrant did not withdraw its request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested amendment to terminate uses. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Method for the Determination of Lead in Total Suspended Particulate Matter
The EPA is establishing a new Federal Reference Method (FRM) for measuring Lead (Pb) in total suspended particulate matter (TSP) collected from ambient air. This method is intended for use by analytical laboratories performing the analysis of Pb in TSP to support data collection for the Pb National Ambient Air Quality Standard (NAAQS). The existing FRM for Pb is designated as a new Federal Equivalent Method (FEM), and the currently designated FEMs are retained. This action avoids any disruption to existing Pb monitoring networks and data collection and does not affect the FRM for TSP sample collection (High-Volume Method).
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; District of Columbia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units
EPA is proposing to approve the Clean Air Act (CAA) section 111(d)/129 negative declaration for the District of Columbia for hospital/medical/infectious waste incinerator (HMIWI) units. This negative declaration certifies that HMIWI units subject to the requirements of sections 111(d) and 129 of the CAA do not exist within the jurisdictional boundaries of the District Department of the Environment (DDOE). In the Final Rules section of this Federal Register, EPA is approving the negative declaration as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; District of Columbia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units
EPA is taking direct final action to approve a negative declaration for hospital/medical/infectious waste incinerator (HMIWI) units within the District of Columbia. This negative declaration certifies that HMIWI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) do not exist within the jurisdictional boundaries of the District Department of the Environment (DDOE). EPA is accepting the negative declaration in accordance with the requirements of the Clean Air Act (CAA).
Novaluron; Pesticide Tolerances
This regulation establishes tolerances for residues of novaluron in or on peanut and soybean, seed. Makhteshim-Agan of North America requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation additionally deletes the time- limited tolerance for strawberry, as that tolerance expired on December 31, 2011.
Fenbuconazole; Pesticide Tolerances
This regulation establishes tolerances for residues of fenbuconazole in or on pepper. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Chlorpyrifos; Cancellation Order for Certain Pesticide Registrations
This notice announces EPA's order for the cancellations, voluntarily requested by the registrant and accepted by the Agency, of products containing chlorpyrifos, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a March 9, 2005 Federal Register Notice of Receipt of Request from the registrant listed in Table 2 of Unit II. to voluntarily cancel these product registrations. These are not the last products containing this pesticide registered for use in the United States. In the March 9, 2005 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrant withdrew their request. The Agency did not receive any comments on the notice. Further, the registrant did not withdraw their request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Consumer and Commercial Products Rules
EPA is taking direct final action to approve revisions to the Virginia State Implementation Plan (SIP). The revisions remove four articles located in chapter 9VAC5-40 (Existing Stationary Sources) from the Virginia SIP. These articles are being removed from the Virginia SIP because they were repealed in their entirety and have been replaced by the updated corresponding articles in chapter 9VAC5-45 (Consumer and Commercial Products). The provisions of chapter 9VAC5-45 are not affected by the removal of these regulations. EPA is approving these revisions to remove the above mentioned articles in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Consumer and Commercial Products Rules
EPA proposes to approve the State Implementation Plan (SIP) revisions submitted by the Commonwealth of Virginia for the purpose of removing four articles located in chapter 9VAC5-40 (Existing Stationary Sources) from the Virginia SIP. These articles are being removed because they were repealed in their entirety and replaced by articles in chapter 9VAC5-45 (Consumer and Commercial Products). In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
Ethalfluralin; Pesticide Tolerances
This regulation establishes tolerances for residues of ethalfluralin in or on rapeseed subgroup 20A and sunflower subgroup 20B. This regulation additionally removes the established tolerances in or on mustard, seed; rapeseed, seed; safflower, seed; and sunflower, seed, as they will be superseded by the tolerances established by this final rule. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Approval and Promulgation of Air Quality Implementation Plans; Illinois
EPA is approving a request submitted by the Illinois Environmental Protection Agency (Illinois EPA) on April 11, 2013, to revise the Illinois state implementation plan (SIP). The submission revises Title 35 of the Illinois Administrative Code (IAC) Part 254, Annual Emissions Report. The revision provides clarification regarding greenhouse gases (GHGs) as it relates to the annual emissions report. The rationale for approval and other information are provided in this rulemaking action.
Approval and Promulgation of Air Quality Implementation Plans; Illinois
EPA is proposing to approve a revision to the Illinois state implementation plan (SIP) submitted by the Illinois Environmental Protection Agency on April 11, 2013. The submission revises Title 35 of the Illinois Administrative Code Part 254, Annual Emissions Report. The revision provides clarification regarding greenhouse gases as it relates to the annual emissions report.
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