Environmental Protection Agency 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 2010 nitrogen dioxide (NO2) NAAQS.

The Environmental Protection Agency (EPA) announces a public meeting 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.

EPA is proposing to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the State of Utah on September 20, 1999. The September 20, 1999 submittal revised the numbering and format of the Utah Administrative Code (UAC) rules within Utah's SIP. In this action, EPA is acting on those rules from the September 20, 1999 submittal that still require EPA action. Specifically, EPA is proposing to approve R307-110-16, ``Section IX, Control Measures for Area and Point Sources, Part G, Fluoride,'' and to disapprove R307-110-29, ``Section XXI, Diesel Inspection and Maintenance Program.'' In conjunction with our proposed disapproval of R307-110-29, we are also proposing to disapprove the Utah Diesel Inspection and Maintenance Program, which Utah submitted as a revision to the SIP on February 6, 1996, and which was incorporated by reference in R307-110-29 as part of the September 20, 1999 submittal. This action is being taken under section 110 of the CAA.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on March 31, 2014. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

In accordance with Section 122(h)(1) of the Comprehensive Environmental Response Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(h)(1), concerning the MassDOT Route 1 Right-of-Way Site in Chelsea, Massachusetts with the following Settling Party: Massachusetts Department of Transportation, Highway Division. The settlement requires the Settling Party to: (1) Pay to EPA the Principal Amount of $175,000.00 within thirty (30) days after the Effective Date of the agreement; (2) If additional response costs are incurred, Settling Party will pay such costs not to exceed 15% of the Principal Amount; and (3) Settling Party to provide EPA and its representatives and contractors access at all reasonable times to the Site, or such other real property, to conduct any activity relating to response actions. The settlement includes a covenant not to sue pursuant to Sections 106 and 107(a), relating to the Removal Action, and protection from contribution actions or claims as provided by Section 113. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Untied States will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 5 Post Office Square, Boston, MA 02109-3912.

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the MRSL Superfund Site (Site), located in Oklahoma City, Oklahoma County, Oklahoma, from the National Priorities List (NPL). 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). This direct final deletion is being published by EPA with the concurrence of the State of Oklahoma, through the Oklahoma Department of Environmental Quality (ODEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

In accordance with 40 CFR section 145.32(b)(2), the Environmental Protection Agency (EPA) hereby gives public notice that the EPA has received a complete program revision package from the State of North Dakota requesting approval of a revision to its section 1422 Underground Injection Control (UIC) program to include Class VI primacy; that the EPA has determined the application contains all the required elements; that the application is available for inspection and copying at the address appearing below and public comments are requested and any member of the public may request a public hearing. This revision would allow the North Dakota Industrial Commission (NDIC) to issue UIC permits for carbon geo-sequestration facilities as Class VI wells under the UIC program.

EPA's Integrated Risk Information System (IRIS) Program is committed to proactive stakeholder engagement, increased transparency, and using the best available science in IRIS assessments. In accordance with the recently announced enhancements of the IRIS Program, EPA is announcing a series of public meetings for calendar years 2013 and 2014 to obtain public input at specific stages in the process of developing an IRIS assessment. EPA is also announcing the availability of preliminary materials for three chemicals, tert-butyl alcohol (tert-butanol), ethyl-tert- butyl ether (ETBE), and hexahydro-1,3,5-trinitro-1,3,5-triazine (RDX), which will be discussed at the first public meeting scheduled for October 23-24, 2013. The preliminary materials for tert-butanol and ETBE are posted on the IRIS Web site, and the preliminary materials for RDX will be posted approximately 60 days before the meeting. These materials are being released for public viewing and comment prior to the public meeting on October 23-24, 2013, which will provide an opportunity for the IRIS Program to engage in early discussions (before the IRIS assessments have been prepared) with stakeholders and the public on data that may be used to identify health hazards and characterize exposure-response relationships.

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.

The EPA is proposing to approve a carbon monoxide Limited Maintenance Plan for the Fairbanks Area, and associated revisions to sections of the Fairbanks Transportation Control Program, submitted by the State of Alaska as a revision to its State Implementation Plan dated April 22, 2013. In accordance with the requirements of the Federal Clean Air Act, the EPA is approving this SIP revision because it demonstrates that the Fairbanks Area will maintain the carbon monoxide National Ambient Air Quality Standards through the second 10- year maintenance period.

This regulation establishes an exemption from the requirement of a tolerance for residues of propylene glycol (CAS Reg. No. 57-55-6) when used as an inert ingredient in antimicrobial formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils under our regulations. Exponent on behalf of Ecolab, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of propylene glycol.

In accordance with Section 122(i) of the Comprehensive Environmental Response Compensation and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement with Carter Building, Inc., St. Louis, Missouri, for the compromise of past and projected future oversight costs concerning the Carter Carburetor Superfund Site in St. Louis, Missouri. The settlement includes a covenant not to sue with the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the compromise of costs component of the settlement. EPA will consider all comments and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the compromise of costs is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at the EPA Region 7 office located at 11201 Renner Boulevard, Lenexa, Kansas 66219.

This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). 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 OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

EPA is proposing to approve revisions to the Texas State Implementation Plan (SIP). The revision consists of a maintenance plan for Victoria County developed to ensure continued attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) for 10 years after the effective designation date of June 15, 2004. The Maintenance Plan meets the requirements of Section 110(a)(1) of the Federal Clean Air Act (CAA), EPA's rules, and is consistent with EPA's guidance. EPA is approving the revisions pursuant to section 110 of the CAA.

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 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.

Notice is hereby given that the State of Louisiana is revising its approved Public Water System Supervision Program. Louisiana has adopted three EPA drinking water rules, namely the: 1) Long Term 2 Enhanced Surface Water Treatment Rule (LT2), 2) the Stage 2 Disinfectants and Disinfection Byproducts Rule (DBP2), and 3) the Lead and Copper Rule Short-Term Revisions and Clarifications (LCR). EPA has determined that the proposed LT2, DBP2, and the LCR submitted by Louisiana are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve this program revision.

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the Imperial Refining Co. Superfund Site located in Ardmore, Carter County, Oklahoma, from the National Priorities List (NPL). 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). This direct final deletion is being published by EPA with the concurrence of the State of Oklahoma, through the Oklahoma Department of Environmental Quality (ODEQ), because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete the Imperial Refining Co. Superfund Site (Site) located in Ardmore, Oklahoma, 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). The EPA and the State of Oklahoma, through the Oklahoma Department of Environmental Quality, have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

This rule establishes air quality designations for certain areas in the United States for the 2010 primary Sulfur Dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The EPA is issuing this rule to identify areas that, based on recorded air quality monitoring data showing violations of the NAAQS, do not meet the 2010 SO2 NAAQS and areas that contribute to SO2 air pollution in a nearby area that does not meet the SO2 NAAQS. At this time, the EPA is designating as nonattainment most areas in locations where existing monitoring data from 2009-2011 indicate violations of the 1-hour SO2 standard. The EPA intends to address in separate future actions the designations for all other areas for which the agency is not yet prepared to issue designations and that are consequently not addressed in this final rule. The Clean Air Act (CAA) directs areas designated nonattainment by this rule to undertake certain planning and pollution control activities to attain the NAAQS as expeditiously as practicable.

EPA is proposing to approve 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. The Commonwealth of Virginia has made a submittal addressing the infrastructure requirements for the 2010 nitrogen dioxide (NO2) NAAQS.