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

The Environmental Protection Agency (EPA) is taking final action to approve North Dakota Department of Agriculture's (NDDA's) request for partial delegation of the Risk Management Program (RM Program) for facilities with an anhydrous ammonia storage capacity of ten thousand pounds or more that is intended to be used as fertilizer or in the manufacturing of a fertilizer (``agricultural anhydrous ammonia facilities'') in the state of North Dakota. EPA retains authority for the RM Program for all other regulated chemicals which may be present at these facilities and for the RM Program generally in North Dakota for all other facilities.

The Environmental Protection Agency (EPA) today is taking final action to amend the standards and practices for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to reference a standard practice recently made available by ASTM International, a widely recognized standards development organization. Specifically, this final rule amends the ``All Appropriate Inquiries Rule'' at 40 CFR Part 312 to reference ASTM International's E1527-13 ``Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process'' and make clear that persons conducting all appropriate inquiries may use the procedures included in this standard to comply with the All Appropriate Inquiries Rule.

The Environmental Protection Agency (EPA) is proposing to partially disapprove a Washington Regional Haze State Implementation Plan (RH SIP) element submitted by the State of Washington (the State) on December 22, 2010, that exempted Alcoa's Wenatchee Works aluminum smelting facility (Alcoa Wenatchee facility or Wenatchee facility), located near Wenatchee, Washington, from the Clean Air Act's Best Available Retrofit Technology (BART) requirements. On December 26, 2012, the EPA proposed to approve, along with proposed action on other SIP elements, the State's determination that the Alcoa Wenatchee facility is exempt from BART requirements. The EPA received adverse comments regarding the dispersion modeling used for this determination. After further review, the EPA now proposes to disapprove the State's determination that the facility is not subject to BART and proposes to find that the Wenatchee facility is subject to BART. The EPA is also proposing a BART determination for the facility through a Federal Implementation Plan (FIP). This Federal Register document also announces the availability of new information regarding Alcoa's ability to afford limestone slurry forced oxidation (LSFO) sulfur dioxide (SO2) control technology at the Intalco Aluminum Corporation facility in Ferndale, Washington (Intalco). Also available for public review is new air quality dispersion modeling regarding the visibility improvement assessment for the BART Alternative for the Tesoro Refining and Marketing refinery in Anacortes, Washington (Tesoro).

The Environmental Protection Agency (EPA) is extending the comment period for the Alaska Seafood Processing Effluent Limitation Guidelines Notice of Data Availability. EPA is extending the comment period in response to stakeholder requests for an extension.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2,5-furandione, polymer with ethenylbenzene, reaction products with polyethylene-polypropylene glycol 2-aminopropyl Me ether; minimum number average molecular weight (in amu), 14,000 (CASRN 162568-32-3); when used as an inert ingredient in a pesticide chemical formulation. Huntsman Corp. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2,5-furandione, polymer with ethenylbenzene, reaction products with polyethylene-polypropylene glycol 2-aminopropyl Me ether on food or feed commodities.

On December 10, 2009, Indiana submitted a request for a revision to its sulfur dioxide (SO2) state implementation plan (SIP) for the ArcelorMittal Burns Harbor LLC (ArcelorMittal) facility in Porter County, Indiana. This revision would remove the SO2 emission limit for the blast furnace gas flare at the facility. The Environmental Protection Agency (EPA) proposed to disapprove this requested revision on March 20, 2013. The EPA is addressing comments and finalizing the disapproval action.

This regulation establishes tolerances for residues of isopyrazam in or on apple and peanut for which there are no accompanying United States registrations. Syngenta Crop Protection, Inc., requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation amends the current tolerance for combined residues of pendimethalin and its metabolite, expressed as pendimethalin equivalents in or on almond, hulls. BASF Corporation, 26 Davis Drive, Research Triangle Park, NC 27709 requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces receipt of applications to register new uses for pesticide products containing currently registered active ingredients pursuant to the provisions of section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This notice provides the public with an opportunity to comment on the applications.

On December 14, 2012, the Idaho Department of Environmental Quality (IDEQ) submitted a revision to the State Implementation Plan (SIP) to address Clean Air Act (CAA) requirements for the Idaho portion (hereafter referred to as ``Franklin County'') of the cross border Logan, Utah-Idaho fine particulate matter (PM2.5) nonattainment area (Logan UT-ID). The EPA is proposing a limited approval of PM2.5 control measures contained in the December 2012 submittal because incorporation of these measures would strengthen the Idaho SIP and reduce sources of PM2.5 emissions in Franklin County that contribute to violations of the 2006 PM2.5 NAAQS in the Logan UT-ID nonattainment area. Consequently, the EPA is not acting on the entire contents of the December 2012 SIP submission revision at this time.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Pennsylvania's (Pennsylvania) 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 (NAAQS) SIP for Lancaster County (hereafter referred to as the ``Lancaster Maintenance Area''). EPA's approval of the updated MVEBs makes them available for transportation conformity purposes. EPA is approving these revisions to the MVEBs and point source inventory in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a revision to the North Carolina State Implementation Plan submitted on July 12, 2013, through the North Carolina Department of Environment and Natural Resources. This submission adopts a memorandum of agreement establishing transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. This proposed action streamlines the conformity process to allow direct consultation among agencies at the Federal, state and local levels. This proposed action is being taken pursuant to section 110 of the Clean Air Act. In the Final Rules Section of this Federal Register, EPA is approving the State's implementation plan revision 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 rule, 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 on this document. Any parties interested in commenting on this document should do so at this time.

EPA is proposing to approve revisions to the Texas New Source Review (NSR) State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) on September 20, 1995; April 19, 1996; July 22, 1998; and September 11, 2000. These revisions to the Texas SIP establish the Standard Permit for Installation and/or Modification of Oil and Gas Facilities. EPA also proposes to approve non-substantive revisions to the Texas Standard Permit SIP rules relating to applicability, submitted on February 1, 2006, and March 11, 2011. EPA proposes to find that these revisions to the Texas SIP comply with the Federal Clean Air Act (the Act or CAA) and EPA regulations and are consistent with EPA policies. EPA is proposing these actions under section 110 of the Act.

The EPA Science Advisory Board (SAB) Staff Office announces a public meeting of the SAB Environmental Justice Technical Guidance Review Panel to provide advice through the Chartered SAB on the agency's Draft Technical Guidance for Assessing Environmental Justice in Regulatory Analysis (May 1, 2013).

The Environmental Protection Agency has submitted an information collection request (ICR), ``NSPS for Stationary Spark Ignition Internal Combustion Engines (40 CFR Part 60, Subpart JJJJ) (Renewal)'' (EPA ICR No. 2227.04, OMB Control No. 2060-0610), 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 April 30, 2014. Public comments were previously requested via the Federal Register (78 FR 35023) on June 11, 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.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

Pursuant to its authority under the Clean Air Act (CAA), EPA is taking final action to approve state implementation plan (SIP) submissions made by the Indiana Department of Environmental Management (IDEM) intended to meet the state board requirements under section 128 of the CAA. The proposed rule associated with this final action was published on August 19, 2013.

The Environmental Protection Agency (EPA) announces upcoming public meetings of the Clean Air Act Advisory Committee (CAAAC). The EPA established the CAAAC on November 19, 1990, to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises on economic, environmental, technical, scientific and enforcement policy issues.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Regulation of Fuels and Fuel Additives: 2011 Renewable Fuel StandardsPetition for International Aggregate Compliance Approach'' (EPA ICR No. 2398.03, OMB Control No. 2060-0655 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.). 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 ICR, which is currently approved through February 28, 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.

EPA proposes to modify a National Pollutant Discharge Elimination System (NPDES) General Permit for placer mining operations in Idaho using small suction dredges (intake nozzle size of 5 inches in diameter or less and with equipment rated at 15 horsepower or less). When the 2013 GP was issued, the language of the GP contained a discrepancy with the total maximum daily load (TMDL) that was issued for Mores Creek. The GP did not include any reference to the tributaries of Mores, Elk or Grimes creeks that were included in the loading allocations of the TMDL. This modification proposes to rectify that discrepancy by including a reference to the tributaries within the GP requirements for Mores, Grimes and Elk creeks and listing the tributaries in Appendix F to the GP. Other parts of the GP are not open for public comment at this time.

The Environmental Protection Agency's Environmental Laboratory Advisory Board (ELAB), as previously announced, holds teleconference meetings the third Wednesday of each month at 1:00 p.m. ET and two face-to-face meetings each calendar year. For 2014, teleconference only meetings will be February 19, 2014; March 19, 2014; April 16, 2014; May 21, 2014; June 18, 2014; July 16, 2014; September 17, 2014; October 15, 2014; November 19, 2014; and December 17, 2014 at 1:00 p.m. ET to discuss the ideas and views presented at the previous ELAB meetings, as well as new business. Items to be discussed by ELAB over these coming meetings include: (1) Issues in continuing the expansion of national environmental accreditation; (2) ELAB support to the Agency on issues relating to measurement and monitoring for all programs; and (3) follow-up on some of ELAB's past recommendations and issues. In addition to these teleconferences, ELAB will be hosting their two face- to-face meetings with teleconference line also available on January 27, 2014 at the Hyatt Regency Louisville in Louisville, KY at 8:00 a.m. (CT) and on August 4, 2014 at the Hyatt Regency on Capitol Hill in Washington, DC at 8:00 a.m. (ET). Written comments on laboratory accreditation issues and/or environmental monitoring or measurement issues are encouraged and should be sent to Ms. Lara P. Phelps, DFO, US EPA (E243-05), 109 T. W. Alexander Drive, Research Triangle Park, NC 27709 or emailed to phelps.lara@epa.gov. Members of the public are invited to listen to the teleconference calls, and time permitting, will be allowed to comment on issues discussed during this and previous ELAB meetings. Those persons interested in attending should call Lara P. Phelps at (919) 541-5544 to obtain teleconference information. For information on access or services for individuals with disabilities, please contact Lara P. Phelps at the number above. To request accommodation of a disability, please contact Lara P. Phelps, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

This regulation establishes tolerances in or on multiple commodities and removes several established tolerances for residues of mandipropamid, which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) invite public comment on the intent of the two agencies to find that Oregon has failed to submit an approvable Coastal Nonpoint Pollution Control Program. The Coastal Zone Act Reauthorization Amendments (CZARA) directs states and territories with coastal zone management programs previously approved under Section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs, which must be submitted to NOAA and EPA for approval. Prior to making such a finding, NOAA and EPA invite public input on the two federal agencies' reasoning particularly because, among other things, a finding that a state has failed to submit an approvable program would lead to adverse financial consequences for the State in terms of federal grant funding.

This notice announces that the EPA Regional Administrator for Region 8 has approved the December 2008 application submitted by the Northern Arapaho Tribe and Eastern Shoshone Tribe (Tribes) of the Wind River Indian Reservation for treatment in a similar manner as a state (TAS) pursuant to the Clean Air Act and the EPA's implementing regulations for purposes of certain Clean Air Act provisions. None of the provisions for which the Tribes requested eligibility entails the exercise of Tribal regulatory authority under the Clean Air Act.