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

The Environmental Protection Agency has submitted an information collection request (ICR), ``NSPS for Magnetic Tape Coating Facilities (40 CFR part 60, subpart SSS) (Renewal)'' (EPA ICR No. 1135.11, OMB Control No. 2060-0171), 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 November 30, 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.

On February 5, 2013, EPA published its proposed source- specific Federal Implementation Plan (FIP) requiring the Navajo Generating Station (NGS), located on the Navajo Nation, to reduce emissions of oxides of nitrogen (NOX) under the Best Available Retrofit Technology (BART) provision of the Clean Air Act (CAA or Act). EPA proposed the BART FIP to reduce visibility impairment caused by NGS at 11 National Parks and Wilderness Areas. EPA's proposed FIP included: (1) A proposed BART determination; (2) A proposed ``better than BART'' alternative that achieves greater reasonable progress towards the national visibility goals than BART; and (3) a framework for evaluating additional alternatives to BART. This framework for evaluating additional alternatives was included in the proposal due to the unique purpose and history of NGS and the numerous stakeholder interests in it. On March 19, 2013 and June 19, 2013, EPA provided two extensions of the public comment period based on requests of several stakeholders who were actively working to develop an alternative to BART. On July 26, 2013, a group of stakeholders, known as the Technical Work Group (TWG), submitted to EPA their suggested alternative to BART (the ``TWG Alternative''). The TWG Alternative establishes a lifetime cap in NOX emissions over 2009-2044 (the 2009-2044 NOX Cap) that is equivalent to the cumulative NOX emissions over 2009-2044 that NGS would emit under EPA's proposed BART determination of 0.055 lb/MMBtu achieved within five years of the final rule. Due to on-going lease and ownership uncertainties, the operators of NGS cannot yet commit to a single course of action for maintaining emissions below the 2009-2044 NOX Cap. The TWG Alternative therefore includes several alternative operating scenarios for meeting the 2009-2044 NOX Cap. EPA did not participate in the TWG or assist in developing the TWG Alternative, and has independently evaluated the TWG Alternative to determine if it meets the requirements of the CAA and the Regional Haze Rule (RHR). In this action, EPA is proposing to determine that the TWG Alternative is ``better than BART'' because maintaining emissions below the 2009-2044 NOX Cap, as provided in the TWG Alternative, achieves greater reasonable progress than EPA's proposed BART determination towards the national visibility goal. EPA is accepting comment concurrently on today's Supplemental Proposal and our proposal from February 5, 2013.

EPA is taking direct final action to approve two State Implementation Plan (SIP) revisions submitted by the District of Columbia (hereafter ``the District'') 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 NAAQS. These elements are referred to as infrastructure requirements. The District made a submittal addressing the infrastructure requirements for the 2008 lead (Pb) NAAQS and a separate submittal addressing requirements in relation to State Boards. EPA is approving portions of the infrastructure requirements for the 2008 lead NAAQS and the requirements addressing State Boards for the District in accordance with the requirements of the CAA.

The EPA is taking final action to revise the regulatory definition of volatile organic compounds (VOCs) for purposes of preparing state implementation plans (SIPs) to attain the national ambient air quality standards (NAAQS) for ozone under title I of the Clean Air Act (CAA). This final action adds 2,3,3,3-tetrafluoropropene (also known as HFO-1234yf) to the list of compounds excluded from the regulatory definition of VOCs on the basis that this compound makes a negligible contribution to tropospheric ozone formation. As a result, if you are subject to certain federal regulations limiting emissions of VOCs, your emissions of HFO-1234yf may not be regulated for some purposes. This action may also affect whether HFO-1234yf is considered a VOC for state regulatory purposes, depending on whether the state relies on the EPA's regulatory definition of VOCs.

The EPA is approving a limited maintenance plan submitted by the State of Washington on July 1, 2013, for the Thurston County maintenance area (Thurston County) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). The EPA is also approving both local and state regulatory updates related to this maintenance plan.

This regulation establishes tolerances for residues of methoxyfenozide in or on multiple commodities which are identified and discussed later in this document. Additionally, this regulation removes several established time-limited and permanent tolerances, as they will be superseded by tolerances established by this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Pursuant to the provisions of the Privacy Act of 1974 (5 USC 552a), the Environmental Protection Agency (EPA) is giving notice that it is amending the Federal Docket Management System (FDMS) system of records to add information collected in a Freedom of Information Act (FOIA) system. The FOIA system, ``FOIAonline'', is a software application on the FDMS system infrastructure. The FOIAonline system is used by participating agencies to electronically receive, process, track and store requests from the public for federal records; post responsive records to a Web site; collect data for annual reporting requirements to the Department of Justice, and manage internal FOIA administration activities. In addition to the current FDMS functionalities, the FOIA system allows the public to submit and track FOIA requests and appeals; access requests and responsive records online, and obtain the status of requests filed with participating agencies.

The Environmental Protection Agency (EPA) Region 2 is issuing a Notice of Intent to Delete the Ludlow Sand & Gravel Superfund Site (Site), located in Paris, New York, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of New York, through the New York State Department of Environmental Conservation, have determined that all appropriate response actions under CERCLA, other than monitoring and maintenance and five-year reviews, have been completed. However, the deletion does not preclude future action under Superfund.

EPA is taking several related actions under the Clean Air Act (CAA) affecting the Chicago area and the state of Illinois for the 1997 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). EPA is determining that the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) area is attaining the 1997 annual PM2.5 standard based on quality assured, state-certified monitoring data for all PM2.5 monitoring sites in this area from 2007-2012. EPA is granting a request from the state of Illinois to redesignate the Chicago area to attainment of the 1997 annual PM2.5 standard. EPA is approving, as a revision of the Illinois State Implementation Plan (SIP), the state's plan for maintaining the 1997 annual PM2.5 standard in the Chicago- Gary-Lake County, IL-IN area through 2025. EPA is approving Illinois' comprehensive 2002 Nitrogen Oxides (NOX), Sulfur Dioxide (SO2), Volatile Organic Compound (VOC), ammonia, and primary PM2.5 emission inventories for the Chicago area. Finally, EPA is approving Illinois' 2008 and 2025 NOX and primary PM2.5 Motor Vehicle Emission Budgets (MVEBs) for the Chicago area and finding these MVEBs as adequate for use in transportation conformity determinations. The Chicago area includes: Cook, DuPage, Kane, Lake, McHenry, and Will Counties, Aux Sable and Goose Lake Townships in Grundy County, and Oswego Township in Kendall County. The Chicago-Gary-Lake County, IL-IN area also includes Lake and Porter Counties in Indiana, which have been previously redesignated to attainment of the 1997 annual PM2.5 standard.

This regulation establishes tolerances for residues of sedaxane in or on potato and potato, wet peel. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is removing listings in the Code of Federal Regulations (CFR) for already expired tolerances for methyl parathion, for the purpose of clarity and in accordance with current EPA practice.

In the light-duty vehicle greenhouse gas rule for model year 2012 through 2016 vehicles, EPA established a program to allow automobile manufacturers to generate ``off-cycle'' carbon dioxide (CO2) credits by employing technologies that achieve CO2 reductions in the real world but are not appropriately captured on the test procedures used by manufacturers to demonstrate compliance with the CO2 standards. Under one of the program options, a manufacturer may develop and submit to EPA for approval an alternative demonstration methodology justifying eligibility for off- cycle credits and their amount. The regulations concerning off-cycle credits require an opportunity for public comment as part of EPA's review of such an alternative methodology. EPA is requesting comment on an alternative methodology submitted by Mercedes-Benz for determining off-cycle credits for the following technologies: engine stop-start, high efficiency exterior lighting, infrared glazing, and active seat ventilation. The application is only for off-cycle credits for Mercedes-Benz vehicles for the 2012 through 2016 model years.

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 WildEarth Guardians in the United States District Court for the District of Colorado: WildEarth Guardians v. McCarthy, Civil Action No. 1:12-cv-03307. On December 19, 2012, Plaintiffs filed a complaint alleging that EPA failed to perform a mandatory duty under CAA section 110(k)(2) to take final action on three State Implementation Plan (SIP) revisions submitted to EPA by the State of Colorado on June 18, 2009. On May 2, 2013, Plaintiffs filed an amended complaint alleging that EPA failed to take final action on several other SIP submissions from the States of Colorado, North Dakota, South Dakota, and Utah. The proposed consent decree would establish deadlines for EPA to take action on these submissions.