Environmental Protection Agency 2013 – Federal Register Recent Federal Regulation Documents

In this notice, EPA is notifying the public that EPA has made insignificance findings through the transportation conformity adequacy process, under the Clean Air Act (CAA), for directly emitted fine particulate matter (PM2.5) and nitrogen oxides (NOX) in the Charleston, West Virginia 1997 and 2006 PM2.5 national ambient air quality standards (NAAQS) nonattainment area. West Virginia submitted the insignificance findings with the redesignation requests and maintenance plans submittal on December 6, 2012. As a result of EPA's findings, the Charleston, West Virginia nonattainment area is no longer required to perform a regional emissions analysis for directly emitted PM2.5, or NOX, as part of future PM2.5 conformity determinations for the 1997 and 2006 PM2.5 NAAQS.

EPA is amending certain reporting requirements that were promulgated under the Toxic Substances Control Act (TSCA) to require the use electronic reporting. EPA is requiring the use of electronic reporting in order to minimize the paperwork burden associated with the underlying regulatory requirements and to minimize the cost to the Federal Government of the creation, collection, maintenance, use, dissemination, and disposition of information. This action will also improve the quality and use of information to strengthen decisionmaking, accountability, and openness in government and society, as well as provide for the timely dissemination of public information and in a manner that promotes the utility of the information to the public and makes effective use of information technology.

EPA is notifying the public that we have received negative declarations from Michigan and Wisconsin regarding Hospital/Medical/ Infectious Waste Incinerator (HMIWI) units within those states. The Michigan Department of Environmental Quality (MDEQ) submitted its negative declaration on August 9, 2013. The Wisconsin Department of Natural Resources (WDNR) submitted its negative declaration on July 15, 2013. Each state notified EPA in its negative declaration letter that there are no HMIWI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (Act) currently operating in its state.

EPA is proposing to approve a section plan submitted by the Commonwealth of Virginia for sewage sludge incineration (SSI) units. The section plan contains a state rule for existing SSI units and was submitted as a result of the March 21, 2011 promulgation of Federal new source performance standards (NSPS) and emission guidelines for SSI units. This action is being taken under sections of the Clean Air Act (CAA).

EPA is proposing to approve a revision to the State Implementation Plan (SIP) submitted by the State of Missouri which revises the written reporting requirements for maintenance, start-up, or shutdown activities; updates the information a source operator must provide to the department when a notice of excess emissions is received; and corrects references in the reporting and record keeping section.

With this notice, the U.S. Environmental Protection Agency (EPA, or the Agency) proposes to approve the U.S. Department of Energy's (DOE, or the Department) planned change request to implement the Run-of-Mine Panel Closure System (ROMPCS) at the Waste Isolation Pilot Plant (WIPP) and to amend the WIPP Compliance Criteria to allow an EPA-approved panel closure other than the currently-required Option D design. Technical analyses demonstrate that, with the modified panel closure design, WIPP remains in compliance with the release limits set by the ``Environmental Standards for the Management and Disposal of Spent Nuclear Fuel, High-Level and Transuranic (TRU) Radioactive Waste.'' The proposed changes do not lessen the requirements for complying with the Compliance Criteria, nor do these changes impact the technical approach that the EPA will employ when considering any future planned changes to the panel closure system. Compliance with environmental or public health regulations other than the EPA's disposal regulations and WIPP Compliance Criteria is not addressed by today's action. Today's notice marks the beginning of a 60-day public comment period on this proposed action.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NSPS for Electric Utility Steam Generating Units (40 CFR Part 60, Subpart Da) (Renewal)'' (EPA ICR No. 1053.11, OMB Control No. 2060-0023), 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 March 31, 2014. 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 has submitted an information collection request (ICR), ``NSPS for Phosphate Rock Plants (40 CFR Part 60, Subpart NN) (Renewal)'' (EPA ICR No. 1078.10, OMB Control No. 2060-0111), 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 March 31, 2014. 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 June 1, 2009, EPA published a final rule in the Federal Register approving a Florida State Implementation Plan (SIP) revision, submitted through the Florida Department of Environmental Protection (FDEP), related to the State's gasoline vapor recovery program. This correcting amendment corrects errors in the regulatory language in paragraph (c) of EPA's June 1, 2009, final rule.

EPA is taking final action to redesignate the portion of North Carolina that is within the bi-state Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina 8-hour ozone nonattainment area (hereafter referred to as the ``Area,'' ``North Carolina portion of the bi-state Charlotte Area,'' ``North Carolina portion of the Area,'' or ``Metrolina nonattainment area'') to attainment for the 1997 8-hour ozone national ambient air quality standards (NAAQS), and to approve the maintenance plan for the Area. The State of North Carolina, through the North Carolina Department of Environment and Natural Resources, Department of Air Quality (NC DAQ), submitted the redesignation request and maintenance plan on November 2, 2011. The State supplemented the redesignation request and maintenance plan on March 28, 2013, extending the maintenance plan to the year 2025 and updating the sub-area motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for the years 2013 and 2025 for the North Carolina portion of the Area. EPA's approval of NC DAQ's redesignation request is based on the determination that North Carolina has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA or Act). EPA finalized action to redesignate the South Carolina portion of the Area, including approval of South Carolina's maintenance plan for the 1997 8-hour ozone NAAQS, in a separate action.

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.

The Environmental Protection Agency has submitted an information collection request (ICR), Emission Control System Performance Warranty Regulations and Voluntary Aftermarket Part Certification Program (Renewal), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through January 31, 2014. Public comments were previously requested via the Federal Register (78 FR 36776) on June, 19 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 EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This revision establishes transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. In addition, the revision relies on the Federal rule for General Conformity. The intended effect of this action is to approve State criteria and procedures to govern conformity determinations. This action is being taken in accordance with the Clean Air Act.

EPA has received a number of petitions for a waiver of the renewable fuel standards that would apply in 2014. The American Petroleum Institute (API) and the American Fuel & Petrochemical Manufacturers (AFPM) submitted a joint petition to the Administrator, dated August 13, 2013, on behalf of their members requesting a partial waiver of the 2014 applicable volumes under the RFS. Subsequently, several refining companies submitted individual petitions to the Administrator that also request a waiver of the 2014 applicable volumes. Section 211(o)(7)(A) of the Clean Air Act allows the Administrator of the EPA to waive the national volume requirements of the renewable fuel standard program in whole or in part if the Administrator determines that implementation of those requirements would severely harm the economy or environment of a State, a region, or the United States, or that there is inadequate domestic supply. EPA is inviting comment on all issues relevant to the petitions for a waiver that have been submitted. Comments submitted in response to a related Federal Register notice proposing the 2014 volume requirements will be considered to also have been submitted to the docket for this notice.

Section 110(h) of the Clean Air Act, as amended in 1990 (the ``Act''), requires EPA by November 15, 1995, and every three years thereafter, to assemble the requirements of the federally-enforceable State Implementation Plans (SIPs) in each State and to publish notice in the Federal Register of the availability of such documents. This notice of availability fulfills the three-year requirement of making these SIP compilations for each State available to the public.

The EPA is amending the Greenhouse Gas Reporting Rule to implement technical corrections, clarifying revisions, and other amendments to improve the quality and consistency of the data collected by the EPA. Among other changes, the EPA is amending the Rule's table of global warming potentials to revise the values for certain greenhouse gases. This action also establishes confidentiality determinations for the reporting of new or substantially revised data elements (i.e., requiring additional or different data to be reported) contained in these final amendments to the Greenhouse Gas Reporting Rule.

The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule ``Water Quality Standards Regulatory Clarifications''. EPA is extending the comment period in response to stakeholder requests for a 30-day extension.

The Environmental Protection Agency (EPA) is providing notice that the 2011 Emissions Modeling Platform data are available for public review and comment. The 2011 Emissions Modeling Platform consists of emissions inventory data, supporting data, and methods that are used to process the 2011 National Emissions Inventory (NEI) and related data into a form that can be used for air quality modeling. The platform, or portions of the data that make up the platform, may be used by the Office of Air and Radiation in several contexts, including the development of rules related to the transport of air pollution and the National Ambient Air Quality Standards. The platform may also be used for other studies such as the National Air Toxics Assessment. The EPA is requesting comment on the 2011 Emissions Modeling Platform, including the emissions inventories and on the supporting data and methods. A docket has been established to track the comments.

This regulation establishes tolerances for residues of metaldehyde in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes the established tolerances in or on berry group 13 and strawberry, as the tolerances will be superseded by tolerances established by this action. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This document announces the Agency's receipt of a revision to an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

EPA is proposing to approve the State of North Carolina's April 12, 2013, State Implementation Plan (SIP) revision associated with the currently approved maintenance plan addressing the 1997 8-hour national ambient air quality standards (NAAQS) for the Greensboro/ Winston-Salem/High Point (Triad) Area. Specifically, North Carolina's revision, including updated modeling, shows that the Triad Area would continue to maintain the 1997 8-hour ozone standard if the currently applicable Federal Reid Vapor Pressure (RVP) standard for gasoline of 7.8 pounds per square inch (psi) were modified to 9.0 psi for four portions (Davidson, Forsyth, Guilford and Davie Counties) of the ``Triad Area'' during the high-ozone season. The State has included a technical demonstration with the revision to demonstrate that a less-stringent RVP standard of 9.0 psi in these portions of this area would not interfere with continued maintenance of the 1997 8-hour Ozone NAAQS or any other applicable standard. Approval of this SIP revision is a prerequisite for EPA's consideration of an amendment to the regulations to remove the aforementioned portions of the Triad Area from the list of areas that are currently subject to the Federal 7.8 psi RVP requirements. In addition, the revised on-road mobile and non- road mobile source emissions modeling associated with the requested modification to the RVP standard results in the use of the updated Motor Vehicle Emissions Simulator (MOVES) and NONROAD2008 models which are the most current versions of modeling systems available for these sources. EPA has preliminarily determined that North Carolina's April 12, 2013, SIP revision with respect to the revisions to the modeling and associated technical demonstration associated with the State's request for the removal of the Federal RVP requirements, and with respect to the updated on-road mobile, non-road mobile and area source emissions, is consistent with the applicable provisions of the Clean Air Act (CAA or Act). Should EPA decide to remove the subject portions of the Triad Area from those areas subject to the 7.8 psi Federal RVP requirements, such action will occur in a subsequent rulemaking.

Under 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement with the Metallurg, Inc., Mitsui & Co. (U.S.A.), Inc., and Glencore LTD., addressing past costs and a portion of future costs concerning the Macalloy Superfund Site located in North Charleston, Charleston County, South Carolina. The settlement addresses costs from a Remedial Action taken by EPA at the Site.

EPA is approving a request submitted by the Illinois Environmental Protection Agency (Illinois EPA) on July 3, 2013, to revise the Illinois state implementation plan (SIP). The submission amends the Illinois Administrative Code (IAC) by updating the definition of ``Volatile organic material (VOM) or Volatile organic compound (VOC)'' to add trans-1,3,3,3-tetra-flouropropene (HFO-1234ze) to the list of compounds excluded from the definition of VOM or VOC. This revision is based on EPA's 2012 rulemaking which added HFO-1234ze to the list of chemical compounds that are excluded from the Federal definition of VOC because of their negligible contribution to the formation of tropospheric ozone.

West Virginia has applied to EPA for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these revisions satisfy all requirements needed to qualify for final authorization and is authorizing West Virginia's revisions through this immediate final action. EPA is publishing this rule to authorize the revisions without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments that oppose this authorization during the comment period, the decision to authorize West Virginia's revisions to its hazardous waste program will take effect. If we receive comments that oppose this action we will publish a document in the Federal Register withdrawing the relevant portions of this rule, before they take effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize revisions to West Virginia's program that were the subject of adverse comments.