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

EPA is proposing to approve a State Implementation Plan (SIP) submittal from the State of Delaware pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. Delaware has made a submittal addressing the infrastructure requirements for the 2008 8-hour ozone NAAQS. This action proposes to approve portions of this submittal.

EPA is proposing to approve revisions to the Placer County Air Pollution Control District (PCAPCD), Santa Barbara County Air Pollution Control District (SBCAPCD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from adhesives and sealants. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is finalizing a full approval of the regional haze state implementation plan (SIP) from the State of Florida, submitted through the Florida Department of Environmental Protection (FDEP), on March 19, 2010, as amended on August 31, 2010, and September 17, 2012. Florida's SIP submittal addresses regional haze for the first implementation period. Specifically, this SIP submittal addresses the requirements of the Clean Air Act (CAA or ``the Act'') and EPA's rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas (national parks and wilderness areas) caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. In this action, EPA finds that Florida's regional haze SIP meets all of the regional haze requirements of the CAA. Thus, EPA is finalizing a full approval of Florida's entire regional haze SIP.

EPA is approving portions of State Implementation Plan (SIP) submittals from the State of Arkansas to address Clean Air Act (CAA or Act) requirements in section 110(a)(2)(D)(i)(I) that prohibit air emissions which will contribute significantly to nonattainment or interfere with maintenance in any other state for the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). EPA has determined that the existing SIP for Arkansas contains adequate provisions to prohibit air emissions from significantly contributing to nonattainment or interfering with maintenance of the 1997 annual and 24-hour PM2.5 NAAQS (1997 PM2.5 NAAQS) and the 2006 revised 24-hour PM2.5 NAAQS (2006 PM2.5 NAAQS) in any other state as required by section 110(a)(2)(D)(i)(I) of the Act.

EPA is finalizing approval of 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 revisions were proposed in the Federal Register on February 14, 2013 and concern construction and modification of stationary sources of air pollution within Sacramento County. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA). Final approval of these rules makes the rules federally enforceable and corrects program deficiencies identified in a previous EPA rulemaking (76 FR 43183, July 20, 2011). EPA is also making technical amendments to the Code of Federal Regulations (CFR) to reflect this previous rulemaking, which removed an obsolete provision from the California SIP.

EPA is proposing to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri on March 17, 2011. This revision proposes to amend the rule to provide more specificity to the interagency consultation process requirements and responsibilities. The revision to Missouri's rule does not add any additional requirements to the existing rule but merely adds language that better clarifies specific roles and responsibilities including the consultation groups' processes. Further, these revisions 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 taking several related actions under the Clean Air Act (CAA) affecting the state of Ohio and the Ohio portions of the Parkersburg-Marietta and Wheeling, West Virginia-Ohio areas for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS or standard). EPA is approving requests from the state of Ohio to redesignate the Ohio portions of the Parkersburg-Marietta and Wheeling areas to attainment of the 1997 annual PM2.5 standard. EPA is approving, as a revision to the Ohio state implementation plan (SIP), the state's plans for maintaining the 1997 annual PM2.5 standard in those areas through 2023. EPA is determining the insignificance of the motor vehicle emission budgets (MVEBs) for purposes of transportation conformity in those areas. EPA is approving the comprehensive inventories submitted by Ohio for the oxides of nitrogen (NOX), primary PM2.5, and sulfur dioxide (SO2), ammonia and volatile organic compounds (VOC) in the Parkersburg-Marietta area (Washington County), and in the Wheeling area (Belmont County) as meeting the requirements of the CAA. Finally, EPA is determining that the areas continue to maintain the 1997 annual PM2.5 standard based on certified 2009-2011 air quality data.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. Included in this notice is a request from Nufarm SA to voluntarily cancel the last three remaining amitrole products registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been canceled only if such sale, distribution, or use is consistent with the terms as described in the final order.

This notice announces the receipt of applications to add new food uses on previously registered pesticide products containing the insecticide flonicamid, pursuant to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

EPA is making an interim final determination to stay the imposition of offset sanctions and to defer the imposition of highway sanctions based on a proposed approval of revisions to the San Joaquin Valley portion of the California State Implementation Plan published elsewhere in this Federal Register. The revisions concern the Clean Air Act nonattainment area contingency measure requirement for the 1997 annual and 24-hour national ambient air quality standards for fine particulate matter (PM2.5) in the San Joaquin Valley.

This regulation establishes tolerances for residues of pyraclostrobin in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes several permanent and time-limited tolerances that will be superseded by tolerances established by this action. Interregional Research Project Number 4 (IR-4) and BASF Corporation requested tolerances associated with pesticide petition (PP) numbers 2E8069 and 2F8038, respectively, under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The EPA Science Advisory Board (SAB) Staff Office requests public nominations of scientific experts to augment the SAB Chemical Assessment Advisory Committee (CAAC) to form three panels for the review of: (1) The EPA's draft Toxicological Review of Ammonia; (2) the EPA's draft Toxicological Review of Trimethylbenzenes; and (3) the EPA's draft Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide In Support of Summary Information on the Integrated Risk Information System (IRIS).

The Environmental Protection Agency (EPA) is taking final action to extend the compliance date for NOX emission limits, under the Best Available Retrofit Technology (BART) requirements of the Regional Haze Rule, for Units 1, 2, and 3 at the Reid Gardner Generating Station (RGGS) by 18 months from January 1, 2015, to June 30, 2016. EPA's BART determination was promulgated in a Federal Implementation Plan (FIP) on August 23, 2012. On March 26, 2013, EPA granted reconsideration of the compliance date and proposed to extend the compliance date for the NOX emission limits applicable to Units 1, 2, and 3 at RGGS.

EPA is proposing to approve revisions to the State Implementation Plan (SIP) for the state of Iowa. The purpose of these revisions is to update the Polk County Board of Health Rules and Regulations. These proposed revisions reflect updates to the Iowa statewide rules previously approved by EPA and will ensure consistency between the applicable local agency rules and Federally-approved rules.

In this final rule, EPA requires facilities to report non- trade-secret Toxics Release Inventory (TRI) forms to EPA using electronic software provided by the Agency. Electronic reporting of TRI forms provides numerous benefits, including making it easier for facilities to report accurate information, expediting form completion due to the pre-population of many form elements, decreasing the cost to EPA of processing forms, and providing TRI information more quickly to the public. The only exception to this electronic reporting requirement is for the few facilities that submit trade secret TRI information, which will continue to submit their trade secret reporting forms and substantiation forms in hard copy. Under this rulemaking, EPA also requires facilities to submit electronically via the Internet (i.e., not on paper forms or CD-ROMs) any revisions or withdrawals of previously submitted TRI reporting forms. Additionally, EPA will no longer accept submissions, revisions, or withdrawals of TRI reporting forms submitted for reporting years prior to reporting year 1991. For trade secret submissions, EPA will still only accept revisions or withdrawals of previously submitted trade secret information on paper forms, though only for reporting years back to reporting year 1991.

EPA is proposing to grant, under the Clean Air Act (CAA), a redesignation request and approve a State Implementation Plan (SIP) revision request submitted by the state of Ohio on June 3, 2011, and supplemented on April 30, 2013. The Ohio Environmental Protection Agency (OEPA) has requested the redesignation of the Columbus, Ohio (OH) area to attainment of the 1997 annual fine particulate (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). The Columbus, Ohio area (Columbus area) includes Coshocton, Delaware, Licking, Fairfield, and Franklin Counties. EPA is proposing to determine that the Columbus area has attained the 1997 annual PM2.5 NAAQS and to approve the state's redesignation request. EPA is proposing to approve related Ohio SIP revisions, including the state's plan for maintaining attainment of the 1997 annual PM2.5 NAAQS in the Columbus area through 2023, the state's 2022 Nitrogen Oxides (NOX) and PM2.5 Motor Vehicle Emission Budgets (MVEBs) for the Columbus area (which EPA is also proposing to find adequate), and 2005 NOX, Sulfur Dioxide (SO2), and primary PM2.5 and 2007 Volatile Organic Compound (VOC) and ammonia emission inventories for the Columbus area. In the context of this proposal to redesignate the Columbus area, EPA addresses a number of additional issues, including the effects of two decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit or Court): The Court's August 21, 2012, decision to vacate and remand to EPA the Cross-State Air Pollution Rule (CSAPR); and the Court's January 4, 2013, decision to remand to EPA two final rules implementing the 1997 annual PM2.5 standard.

EPA's contractor, The Scientific Consulting Group (SCG), Inc., has identified a panel of scientific experts to conduct a peer review of EPA's draft Toxic Substances Control Act (TSCA) chemical risk assessment, ``TSCA Workplan Chemical Risk Assessment for Dichloromethane and N-Methylpyrrolidone.'' EPA will hold three peer review meetings by web connect and teleconference. EPA invites the public to register to attend the meetings as observers and/or speakers providing oral comments during any or all of the peer review meetings as discussed in this notice. The public may also provide comment on whether they believe the appearance of conflict of interest exists for any proposed peer review panel expert.

The EPA is proposing to approve portions of one revision to the New Mexico State Implementation Plan (SIP) submitted by the New Mexico Environment Department (NMED) to EPA on January 8, 2013. The January 8, 2013, proposed SIP revision adopts necessary rule revisions to the PSD plantwide applicability limit (PAL) permitting provisions to issue PALs to GHG sources. EPA is proposing to approve the January 8, 2013 SIP revision to the New Mexico PSD permitting program as consistent with federal requirements for PSD permitting. At this time, EPA is proposing to sever and take no action on the portion of the January 8, 2013, SIP revision that relates to the provisions of EPA's July 20, 2011 GHG Biomass Deferral Rule. EPA is proposing this action under section 110 and part C of the Clean Air Act (CAA or the Act). EPA is not proposing to approve these rules within the exterior boundaries of a reservation or other areas within any Tribal Nation's jurisdiction.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Gasoline Distribution Facilities (40 CFR Part 63, Subpart R) (Renewal)'' (EPA ICR No. 1659.08, OMB Control No. 2060-0325), 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 September 30, 2013. Public comments were previously requested via the Federal Register (77 FR 63813) on October 17, 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.

Pursuant to section 304(a) of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) is announcing the availability of final national recommended ambient water quality criteria for the protection of aquatic life from effects of ammonia in freshwater (EPA 822-R-13-001). The final criteria incorporate the latest scientific knowledge on the toxicity of ammonia to freshwater aquatic life. On December 30, 2009, EPA published draft national recommended water quality criteria for ammonia and provided the public an opportunity to provide scientific views. Aquatic life criteria are developed based on EPA's Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses (1985), (EPA/R- 85-100). EPA's recommended section 304(a) water quality criteria provide guidance to States and authorized Tribes in adopting water quality standards for protecting aquatic life and human health. EPA's recommended water quality criteria by themselves have no binding legal effect. These national recommended criteria for ammonia in freshwater are intended to protect aquatic life and do not address human health toxicity data. The water quality criteria for ammonia for the protection of saltwater organisms are not being updated at this time. EPA's national recommended final acute ambient water quality criteria (AWQC) for protecting freshwater organisms from potential effects of ammonia is 17 mg/L total ammonia nitrogen (TAN) and the final chronic AWQC for ammonia is 1.9 mg/L TAN at pH 7.0 and temperature 20 [deg]C.

EPA issued a proposed rule in the Federal Register of June 10, 2013, concerning formaldehyde emissions standards for composite wood products. After receiving requests for an extension, EPA extended the comment period from August 9, 2013, to September 9, 2013. EPA received additional comments and believes it is appropriate to further extend the comment period in order to give stakeholders additional time to assess the impacts of the proposal, review technical documents in the docket, and prepare comments. This document extends the comment period from September 9, 2013, to October 9, 2013.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. This notice announces a request from Syngenta Crop Protection, LLC to voluntarily cancel the last two remaining tralkoxydim products registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been canceled only if such sale, distribution, or use is consistent with the terms as described in the final order.

EPA is announcing a 60-day public comment period for the external review draft human health assessment titled ``Toxicological Review of benzo[a]pyrene: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-13/138) and the draft peer review charge questions. The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA is releasing this draft assessment and peer review charge questions for the purpose of public comment. This draft assessment is not final as described in EPA's information quality guidelines, and it does not represent and should not be construed to represent Agency policy or views. The draft assessment will also be discussed at the first bi-monthly IRIS public meeting scheduled for October 23-24, 2013.