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

EPA is approving a redesignation request and State Implementation Plan (SIP) revision submitted by the State of West Virginia. The West Virginia Department of Environmental Protection (WVDEP) requested that the West Virginia portion of the Wheeling, WV-OH fine particulate matter (PM2.5) nonattainment area (``Wheeling Area'' or ``Area'') be redesignated as attainment for the 1997 annual PM2.5 national ambient air quality standard (NAAQS). In this rulemaking action, EPA is approving the 1997 annual PM2.5 redesignation request for the West Virginia portion of the Area. EPA is also approving the maintenance plan SIP revision that the State submitted in conjunction with its redesignation request. The maintenance plan provides for continued attainment of the 1997 annual PM2.5 NAAQS for 10 years after redesignation of the West Virginia portion of the Area. The maintenance plan includes a comprehensive emissions inventory that EPA is approving in this rulemaking. The maintenance plan also includes an insignificance determination for the onroad motor vehicle contribution of PM2.5, nitrogen oxides (NOX), and sulfur dioxide (SO2) for the West Virginia portion of the Area for purposes of transportation conformity. EPA is also approving West Virginia's insignificance determination for transportation conformity. In addition, EPA is also finding that the Area continues to attain the standard. This rulemaking action approving the 1997 annual PM2.5 NAAQS redesignation request, maintenance plan, comprehensive emissions inventory, and insignificance determination for transportation conformity for the West Virginia portion of the Area is based on EPA's determination that the Area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA).

In this notice of final rulemaking, EPA is disapproving in part the Michigan and Minnesota regional haze State Implementation Plans (SIPs) for failure to mandate best available retrofit technology (BART) for taconite facilities within these states. This final rule supplements a February 6, 2013, action that established Federal emission limits representing BART for these facilities.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by the American Forest & Paper Association, Inc. and American Wood Council (``Petitioners'') in the United States Court of Appeals for the District of Columbia: American Forest and Paper Association, Inc. and American Wood Council v. EPA, No. 12-1452 (D.C. Cir.). Petitioners filed a petition for review challenging EPA's final rule entitled ``Mandatory Reporting of Greenhouse Gases; Final Rule,'' (Oct. 30, 2009) (``GHG Reporting Rule''). Under the terms of the proposed settlement agreement, Petitioners would dismiss their claims if, at the conclusion of a rulemaking process that has included notice and an opportunity for public comment, EPA promulgates in final form an amendment to the GHG Reporting Rule that includes changes that are substantially the same substance as set forth in Attachment A to the proposed settlement agreement. Nothing in the proposed settlement agreement limits or modifies EPA's discretion under the Clean Air Act.

Notice is hereby given that, pursuant to Clean Water Act Section 312(f)(3), the State of New York has determined that the protection and enhancement of the quality of the New York State (NYS or the State) area of Lake Erie requires greater environmental protection, and has petitioned the United States Environmental Protection Agency, Region 2, for a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for those waters, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters. NYS has proposed to establish a ``Vessel Waste No Discharge Zone'' for the NYS area of Lake Erie stretching from the Pennsylvania-New York State boundary to include the upper Niagara River to Niagara Falls. The proposed No Discharge Zone encompasses approximately 593 square miles and 84 linear shoreline miles, including the navigable portions of the Upper Niagara River and numerous other tributaries and harbors, embayments of the Lake including Barcelona Harbor, Dunkirk Harbor and Buffalo Outer Harbor, and other formally designated habitats and waterways of local, state, and national significance. On December 6, 2012, the EPA completed the review of NYS's petition and issued a tentative affirmative determination in the Federal Register that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels for such waters are reasonably available. During the 30-day public comment period, the EPA received significant comments regarding the availability of adequate pumpouts for commercial vessels. Specifically, two commenters submitted that the December 6, 2012 notice did not contain adequate information about the availability of pumpout facilities for large commercial vessels. Therefore, the EPA and New York State collected additional information to demonstrate the reasonable availability of pumpout services for commercial vessels that use the New York area of Lake Erie. The EPA hereby republishes its tentative affirmative determination with the additional information included.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Notification of Substantial Risk of Injury to Health and the Environment under TSCA Section 8(e)'' (EPA ICR No. 0794.13, OMB Control No. 2070-0046) 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 renewal of the ICR that is currently approved through June 30, 2013. Public comments were previously requested via the Federal Register (77 FR 71415) on November 30, 2012, during a 60-day comment period. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs. Copies of the ICR and related documents are available in the docket.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Metal Can Manufacturing Surface Coating (40 CFR Part 63, Subpart KKKK) (Renewal)'' (EPA ICR No. 2079.05, OMB Control No. 2060-0541), 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 October 31, 2013. Public comments were previously requested via the Federal Register (78 FR 33409) on June 4, 2013 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.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Modification of Secondary Treatment Requirements for Discharges into Marine Waters (Renewal)'' (EPA ICR No. 0138.09, OMB Control No. 2040-0088) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA) (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 Information Collection Request (ICR), which is currently approved through 01/31/2014''. 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.

Under the Federal Advisory Committee Act, Public Law 92-463, EPA gives notice of a meeting of the National Advisory Committee (NAC) and Governmental Advisory Committee (GAC) to the U.S. Representative to the North American Commission for Environmental Cooperation (CEC). The National and Governmental Advisory Committees advise the EPA Administrator in her capacity as the U.S. Representative to the CEC Council. The Committees are authorized under Articles 17 and 18 of the North American Agreement on Environmental Cooperation (NAAEC), North American Free Trade Agreement Implementation Act, Public Law 103-182, and as directed by Executive Order 12915, entitled ``Federal Implementation of the North American Agreement on Environmental Cooperation.'' The NAC is composed of 14 members representing academia, environmental non-governmental organizations, and private industry. The GAC consists of 15 members representing state, local, and Tribal governments. The Committees are responsible for providing advice to the U.S. Representative on a wide range of strategic, scientific, technological, regulatory, and economic issues related to implementation and further elaboration of the NAAEC. The purpose of this meeting is to provide advice on the 20th anniversary of the NAAEC and to discuss other trade and environment issues in North America. The meeting will also include a public comment session. The agenda and meeting materials will be available at https:// www.regulations.gov under Docket ID: EPA-HQ-OA-2013-0125. General information about NAC and GAC can be found at https://www.epa.gov/ ofacmo/nacgac-page.htm.

EPA is withdrawing the direct final rule to approve revisions to the Commonwealth of Pennsylvania's State Implementation Plan (SIP). The revisions consist of an update to the SIP-approved Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOCs), and an updated point source inventory for NOX and VOCs for the 1997 8-Hour Ozone National Ambient Air Quality Standard SIP for Lancaster County. In the direct final rule published on August 8, 2013, the table with the revised MVEBs contained numerical errors. Therefore, EPA is withdrawing this direct final rule in its entirety. EPA will commence a separate rulemaking action for this SIP revision.

EPA is taking final action to disapprove revisions to the State Implementation Plan (SIP) for the State of Texas that relate to Emergency Orders. This includes portions of SIP revisions that relate to Emergency Orders that were submitted by Texas on August 31, 1993; December 10, 1998; February 1, 2006; and July 17, 2006. EPA is disapproving these revisions because these regulations do not meet the requirements of the Clean Air Act (the ``Act'' or ``CAA''), EPA regulations, and applicable policy and guidance. EPA is taking this action under section 110 and parts C and D of Title I of the Act.

EPA is publishing a revised list of pesticide registration service fees applicable to specified pesticide applications and tolerance actions. Under the Pesticide Registration Improvement Extension Act, the registration service fees for covered pesticide registration applications received on or after October 1, 2013, increase by 5% rounding up to the nearest dollar from the fees published for fiscal year 2012. The new fees become effective on October 1, 2013.

EPA is partially approving and partially disapproving State Implementation Plan (SIP) revisions submitted by the Governor of Utah on March 22, 2007. The SIP revision is the State of Utah's maintenance plan for the 1997 8-hour ozone standard for Salt Lake County and Davis County, along with associated rules: R307-101-2, ``Definitions;'' R307- 110-13, ``Section IX, Control Measures for Area and Point Sources, Part D, Ozone;'' R307-320, ``Ozone Maintenance Areas and Ogden City: Employer-Based Trip Reduction Program;'' R307-325, ``Ozone Nonattainment and Maintenance Areas: General Requirements;'' R307-326, ``Ozone Nonattainment and Maintenance Areas: Control of Hydrocarbon Emissions in Petroleum Refineries;'' R307-327, ``Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage;'' R307-328, ``Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage;'' R307-335, ``Ozone Nonattainment and Maintenance Areas: Degreasing and Solvent Cleaning Operations;'' R307- 340, ``Ozone Nonattainment and Maintenance Areas: Surface Coating Processes;'' R307-341, ``Ozone Nonattainment and Maintenance Areas: Cutback Asphalt;'' and R307-342, ``Ozone Nonattainment and Maintenance Areas: Qualification of Contractors and Test Procedures for Vapor Recovery Systems for Gasoline Delivery Tanks.'' This action is being taken under sections 107 and 110 of the Clean Air Act (Act or CAA).

EPA is granting, under the Clean Air Act (CAA), the State of Ohio's June 1, 2011, request to redesignate the Dayton-Springfield (Dayton) nonattainment area (Clark, Greene, and Montgomery Counties) to attainment for the 1997 annual national ambient air quality standard (NAAQS or standard) for fine particulate matter (PM2.5). EPA is approving the related state implementation plan (SIP) elements including comprehensive emissions inventories, the maintenance plan, and the motor vehicle emissions budgets (MVEBs). EPA has determined that the area has attained the standard and proposed to approve Ohio's request on July 26, 2013.

With this document, EPA is opening the public comment period for several registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. This document announces the Agency's intent not to open a registration review docket for dithianon (case 7048) and flufenoxuron (cast 7444). These cases do not currently have actively registered products and are not, therefore, scheduled for review under the registration review program.

The U.S. Environmental Protection Agency's (EPA), Science Advisory Board (SAB) Staff Office announces a meeting of the SAB's Scientific and Technological Achievement Awards (STAA) Committee to discuss SAB recommendations regarding the Agency's 2013 STAA recipients. The SAB meeting will be closed to the public.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Mobile Sources Technical Review Subcommittee (MSTRS) will meet on October 29, 2013. The MSTRS is a subcommittee under the Clean Air Act Advisory Committee. This is an open meeting. The meeting will include discussion of current topics and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. The preliminary agenda for the meeting and any notices about change in venue will be posted on the Subcommittee's Web site: https://www.epa.gov/air/caaac/mobile_ sources.html. MSTRS listserver subscribers will receive notification when the agenda is available on the Subcommittee Web site. To subscribe to the MSTRS listserver, send an email to Etchells.elizabeth@epa.gov.

On February 5, 2013, EPA proposed a Best Available Retrofit Technology (BART) determination for oxides of nitrogen (NOX) for the Navajo Generating Station (NGS), located on the Navajo Nation, and provided a three-month period to accept public comments that was scheduled to close on May 6, 2013. At the request of interested stakeholders, EPA extended the comment period on two occasions, first on March 19, 2013, and again on July 9, 2013. The comment period was scheduled to close October 4, 2013. Additionally, on June 19, 2013, EPA announced our intention to hold five public hearings to accept written and oral comment on our proposed BART determination for NGS. On July 26, 2013, a group of stakeholders, known as the Technical Work Group (TWG), submitted its recommendation for an additional BART Alternative to EPA for consideration (TWG Alternative). EPA is in the process of evaluating this alternative. Because EPA has not yet announced the schedule for the public hearings, and because EPA is still evaluating the TWG Alternative and may supplement our February 5, 2013 proposal, EPA is extending the comment period an additional three months. EPA intends to hold the public hearings prior to the close of this extended comment period and to announce the schedule shortly.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit requests to renew several currently approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICRs are identified in this document by their corresponding titles, EPA ICR numbers, OMB Control numbers, and related docket identification (ID) numbers. Before submitting these ICRs to OMB for review and approval, EPA is soliciting comments on specific aspects of the information collection activities that are summarized in this document. The ICRs and accompanying material are available for public review and comment in the relevant dockets identified in this document for the ICR.

During a review of Louisiana's regulations, the EPA identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this direct Final action. In addition, this document corrects technical errors made in the June 28, 2012 Federal Register authorization document for Louisiana. The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Louisiana's hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.

The EPA Science Advisory Board (SAB) Staff Office announces a public meeting of the SAB Panel to conduct a review of the EPA draft report, Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence (September, 2013 External Review Draft, EPA/600/R-11/098B).

EPA is approving the State of Connecticut's June 22, 2012 request to redesignate the Connecticut portion of the New York-N. New Jersey-Long Island, NY-NJ-CT fine particle (PM2.5) area (i.e., New Haven and Fairfield Counties; herein called the ``Southwestern CT Area'' or ``the Area'') from nonattainment to attainment for the 1997 annual National Ambient Air Quality Standards (NAAQS or standards), as well as for the 2006 24-hour PM2.5 NAAQS. As part of these approvals, EPA is approving: A State Implementation Plan (SIP) revision containing a 10-year maintenance plan for the Area; a 2007 base-year emissions inventory for the Area; and new motor vehicle emissions budgets (MVEBs) for the years 2017 and 2025 that are contained in the 10-year PM2.5 maintenance plan for the Area. This action is being taken in accordance with the Clean Air Act.

EPA is updating the materials that are incorporated by reference (IBR) into the Delaware State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Regional Office.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia 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. Virginia has made a submittal addressing the infrastructure requirements for the 2008 lead (Pb) NAAQS.

EPA is taking final action to approve changes to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina Department of Environment and Natural Resources (NC DENR), Division of Air Quality on September 18, 2009, for the purpose of removing Stage II vapor control requirement contingency measures for new and upgraded gasoline dispensing facilities in the State. The September 18, 2009, SIP revision also addresses several non-Stage II related rule changes. However, action on the other portions for the September 18, 2009, SIP revision is being addressed in a separate rulemaking action. EPA has determined that North Carolina's September 18, 2009, SIP revision regarding the Stage II vapor control requirements is approvable because it is consistent with the Clean Air Act (CAA or Act).