Environmental Protection Agency August 7, 2013 – Federal Register Recent Federal Regulation Documents

The U.S. Environmental Protection Agency is announcing a meeting of the National Drinking Water Advisory Council (Council), established under the Safe Drinking Water Act (SDWA). This meeting is scheduled for October 9 and 10, 2013, in Arlington, VA. The Council typically considers various issues associated with drinking water protection and public water systems. During this meeting, the Council will focus discussions on the proposed regulatory revisions to the Lead and Copper Rule under the SDWA as well as other program issues.

This notice announces the availability of the Preliminary 2012 Effluent Guidelines Program Plan (``Preliminary 2012 Plan'') and EPA's 2011 Annual Effluent Guidelines Review Report, and solicits public comment on both. Clean Water Act (CWA) section 304(m), 33 U.S.C. 1314(m), requires EPA to biennially publish a plan for new and revised effluent guidelines, after public notice and comment, which identifies any new or existing industrial categories selected for effluent guidelines rulemaking and provides a schedule for such rulemaking. EPA works to publish a preliminary plan in the odd numbered years and a final plan in the even numbered years. The findings from the 2011 Annual Reviews were used in developing the Preliminary 2012 Plan and will be used in developing the Final 2012 Plan.

EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 53 chemical substances which were the subject of premanufacture notices (PMNs). Seven of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture or process any of these 53 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

EPA is announcing a 30-day public comment period for the draft document entitled, Update to An Inventory of Sources and Environmental Releases of Dioxin-Like Compounds in the United States for the Years 1987, 1995, and 2000, (EPA/600/R-11/005A). EPA also is announcing that Versar, Inc., an EPA contractor for external scientific peer review, will select a group of experts to conduct a letter peer-review of the draft document. The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. In November 2006, EPA released the report: An Inventory of Sources and Environmental Releases of Dioxin-Like Compounds in the United States for the Years 1987, 1995, and 2000, (EPA/600/P-03/002F). That report presented an evaluation of sources and emissions of dioxins, dibenzofurans, and coplanar polychlorinated biphenyls to the air, land, and water of the United States. The inventory suggested that there was a significant reduction in environmental releases of dioxin-like compounds from regulated industrial sources between the years 1987 and 2000, and that the open burning of residential refuse in backyard burn barrels was the largest source in 2000 that could be reliably quantified. This revised draft is an update to the 2006 report and reflects the additional consideration of pre-2006 peer review. This update does not expand the scope of the document beyond the three reference years covered in the 2006 document or earlier drafts: 1987, 1995, and 2000. Changes in the updated report reflect the addition of previously unquantified sources and adjustments to emission factors, for example those used for municipal and medical waste incinerators. The largest source added to the inventory was emissions to air from forest fires, a source previously classified as preliminary and not included in the quantitative inventory. The updated inventory lists the top three air sources in the year 2000 as forest fires, backyard barrel burning of refuse, and medical waste incinerators. EPA intends to forward the public comments that are submitted in accordance with this notice to Versar to distribute to the external peer-reviewers for their consideration during the letter peer-review. When finalizing the draft document, EPA intends to consider any public comments received in accordance with this notice. EPA is releasing this draft assessment for the purposes of public comment and peer review. 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 document is available via the Internet on the NCEA home page under the Recent Additions and the Data and Publications menus at www.epa.gov/ncea.

EPA is proposing to grant a redesignation request and State Implementation Plan (SIP) revision request submitted by the state of Illinois on October 15, 2010, and supplemented on September 16, 2011, and May 6, 2013. The Illinois Environmental Protection Agency (IEPA) requested EPA to redesignate the Illinois portion of the Chicago-Gary- Lake County, Illinois-Indiana (IL-IN) nonattainment area to attainment of the 1997 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS or standard) and requested EPA approval of Illinois' PM2.5 maintenance plan and PM2.5-related emission inventories for this area as revisions of the Illinois SIP. The Illinois portion (Chicago area) of this nonattainment area is: Cook, DuPage, Kane, Lake, McHenry, and Will Counties, Aux Sable and Goose Lake Townships in Grundy County, and Oswego Township in Kendall County. EPA is proposing to grant the state's redesignation request and to approve the requested Illinois SIP revisions, including the state's plan for maintaining attainment of the 1997 annual PM2.5 NAAQS in this area through 2025. EPA is also proposing to approve Illinois' 2008 and 2025 Nitrogen Oxides (NOX) and PM2.5 Motor Vehicle Emission Budgets (MVEBs) for the Chicago area. Finally, EPA is proposing to approve Illinois' 2002 NOX, Sulfur Dioxide (SO2), Volatile Organic Compound, ammonia, and primary PM2.5 emission inventories for this area. In the context of this proposal to redesignate the Chicago 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 PM2.5 standard.