Environmental Protection Agency 2013 – Federal Register Recent Federal Regulation Documents

The U.S. Environmental Protection Agency Region 5 is publishing a direct final Notice of Deletion of the Columbus Old Municipal Landfill 1 Superfund Site (Site) located in Bartholomew County, Indiana 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 Indiana, through the Indiana Department of Environmental Management (IDEM), 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.

Under the Clean Air Act, EPA is proposing to disapprove the state implementation plan (SIP) for the Commonwealth of the Northern Mariana Islands (CNMI) with respect to prevention of significant deterioration (PSD), and to incorporate by reference the Federal PSD regulations into the applicable CNMI plan. EPA is also proposing to approve a petition by CNMI for an exemption of the applicable PSD major source baseline date and trigger date under Federal PSD regulations, and to establish an alternate date, January 13, 1997, as the major source baseline date and trigger date in CNMI. EPA is also proposing to make certain corrections that were made in previous rulemakings. This action would establish the Federal PSD regulations as a basic element of the CNMI implementation plan and, through the exemption, would establish January 13, 1997 as the major source baseline date (and trigger date) under the PSD program in CNMI for sulfur dioxide, PM10 and nitrogen dioxide.

EPA Region 10 proposes to issue a National Pollutant Discharge Elimination System (NPDES) General Permit for Oil and Gas Geotechnical Surveying and Related Activities in Federal Waters of the Beaufort and Chukchi Seas (Permit No. AKG-28-4300). As proposed, the Geotechnical General Permit authorizes twelve types of discharges from facilities engaged in oil and gas geotechnical surveys to evaluate the subsurface characteristics of the seafloor and related activities in federal waters of the Beaufort and Chukchi Seas. Geotechnical borings are collected to assess the structural properties of subsurface soil conditions for potential placement of oil and gas installations, which may include production and drilling platforms, ice islands, anchor structures for floating exploration drilling vessels, and potential buried pipeline corridors. Geotechnical surveys result in a disturbance of the seafloor and produce discharges consisting of soil, rock and cuttings materials, in addition to facility-specific waste streams authorized under this general permit. Geotechnical related activities also result in a disturbance of the seafloor and produce similar discharges. These activities may include feasibility testing of equipment that disturbs the seafloor, and testing and evaluation of trenching technologies.

EPA has received an application to register a pesticide product containing an active ingredient not included in any previously registered pesticide product. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on the application.

EPA is approving two revisions to the State Implementation Plan (SIP) for Missouri that were submitted on September 5, 2012. The revision to the Missouri rule ``Restriction of Emission of Sulfur Compounds'' removes redundant sulfur dioxide standards and outdated compliance dates. Due to these revisions, several within-rule references are amended. Revisions to the Missouri rule ``Emissions Banking and Trading'' removes all definitions, as they are now included in the general definitions rule. The reference to the state's Ambient Air Quality Standards rule that is included in the definition of National Ambient Air Quality Standards is also removed. The revisions to Missouri's rules do not have an adverse affect on air quality. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).

EPA is approving revisions and additions to the Wyoming State Implementation Plan (SIP) submitted by the Wyoming Department of Environmental Quality (WDEQ) to EPA on March 8, 2013. The SIP revision to the Wyoming Prevention of Significant Deterioration (PSD) program updates the program to regulate permitting of sources of greenhouse gases (GHGs). Specifically, we are approving revisions to Wyoming's Air Quality Standards and Regulations (WAQSR) Chapter 1, Common Provisions, Section 3, Definitions, and Chapter 6, Permitting Requirements, Section 4, Prevention of Significant Deterioration, and the addition of Chapter 1, Section 7, Greenhouse Gases. EPA is also rescinding the GHG PSD Federal Implementation Plan (FIP) for Wyoming that was put in place to ensure the availability of a permitting authority for GHG PSD permitting in Wyoming. EPA is taking this final action under section 110 and part C of the Clean Air Act (the Act or CAA).

EPA is announcing a 60-day public comment period for the draft document titled, ``First External Review Draft Integrated Science Assessment for Nitrogen OxidesHealth Criteria'' (EPA/600/R-13/202). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development as part of the review of the primary (health-based) national ambient air quality standards (NAAQS) for nitrogen dioxide (NO2). The Integrated Science Assessment (ISA), in conjunction with additional technical and policy assessments, provide the scientific basis for EPA decisions on the adequacy of the current NAAQS and the appropriateness of possible alternative standards. EPA intends to develop a separate ISA, and NAAQS review, for the secondary (welfare-based) NAAQS for NO2, in conjunction with a review of the secondary NAAQS for sulfur dioxide. EPA is releasing this draft document to seek review by the Clean Air Scientific Advisory Committee (CASAC) and the public (meeting date and location to be specified in a separate Federal Register notice). This draft document 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. EPA will consider any public comments submitted in response to this notice when revising the document.

On January 4, 2013, in Natural Resources Defense Council (NRDC) v. EPA, the D.C. Circuit Court (Court) remanded to the EPA the ``Final Clean Air Fine Particle Implementation Rule'' (April 25, 2007) and the ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5)'' final rule (May 16, 2008) (collectively, ``1997 PM2.5 Implementation Rules''). The Court found that the EPA erred in implementing the 1997 PM2.5 National Ambient Air Quality Standards (NAAQS) pursuant solely to the general implementation provisions of subpart 1 of Part D of Title I of the Clean Air Act (CAA or Act), without also considering the particulate matter-specific provisions of subpart 4 of Part D. The Court's ruling remanded the rules to the EPA to address implementation of the 1997 PM2.5 NAAQS under subpart 4. This proposed rulemaking identifies the classification under subpart 4 for areas currently designated nonattainment for the 1997 and/or 2006 PM2.5 standards, the deadlines for states to submit attainment-related and new source review (NSR) state implementation plan (SIP) elements required for these areas pursuant to subpart 4, and the EPA guidance that is currently available regarding subpart 4 requirements. The proposed deadlines for 1997 and 2006 PM2.5 attainment- related SIP submissions and NSR requirements for nonattainment areas would replace previous deadlines that were set solely pursuant to subpart 1. Specifically, the EPA is proposing to identify the initial classification of current 1997 and/or 2006 PM2.5 nonattainment areas as ``moderate,'' and the EPA is proposing to set a deadline of December 31, 2014, for submission of remaining required SIP submissions for these areas, pursuant to and considering the application of subpart 4. This rulemaking affects eight nonattainment areas in five states.

EPA is proposing to approve portions of two revisions to the Texas State Implementation Plan (SIP) concerning the Permits for Specific Designated Facilities Program, also referred to as the FutureGen Program. EPA has determined that the portions of these SIP revisions specific to the FutureGen Program submitted on March 9, 2006 and July 2, 2010, comply with the Clean Air Act and EPA regulations and are consistent with EPA policies. This action is being taken under section 110 and parts C and D of the Act.

The EPA is announcing a public hearing to be held for the proposed rule 2014 Standards for the Renewable Fuel Standard Program, which EPA will publish separately in the Federal Register. The hearing will be held in Washington, DC on December 5, 2013. In the separate notice of proposed rulemaking EPA has proposed amendments to the renewable fuel standard program regulations to establish annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels that would apply to all gasoline and diesel produced in the U.S. or imported in the year 2014. In addition, the separate proposal includes a proposed biomass-based diesel applicable volume for 2015.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the New York State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds. The SIP revision consists of amendments to the New York Codes. The intended effect of this action is to approve control techniques, required by the Clean Air Act, which will result in emission reductions that will help attain and maintain the national ambient air quality standards for ozone.

This notice announces EPA's receipt of test data on 1- propanesulfonic acid, 2-hydroxy-3-(2-propen-1-yloxy)-, sodium salt (1:1). These data were submitted pursuant to a test rule issued by EPA under the Toxic Substances Control Act (TSCA). The purpose of this notice is to alert the public about test data received between August 1, 2013, and October 31, 2013.

The Environmental Protection Agency (EPA) Region IX is issuing a Notice of Intent to Delete portions of the El Toro Marine Corp Air Station Superfund Site (Site) located in Irvine, California, 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 California, through the California Department of Toxic Substances Control, have determined that all appropriate response actions at these identified parcels under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to all Site media, including soil and groundwater, of parcels I-A, II-A, III-A, II-J, II-Q, II-S, II-T, III-C, I-C, II-U, I-B, I-E, I-G, I-H, I-I, I-J, I-L, I-M, I-P, II-G, II-I, II-P, III-D, I-K, I-N, I-O, I-S, II-E, II-L, II-M, II-R, I-Q, I- R, II-B, II-K, and II-O. The remaining areas of the Site will remain on the NPL and are not being considered for deletion as part of this action. Maps identifying the area to be deleted and the area of the Site to remain on the NPL are available for review in the partial deletion docket.

The U.S. Environmental Protection Agency (EPA) is announcing the availability of the Draft FY 2014-2018 EPA Strategic Plan for public review and comment, as part of the periodic update required by the Government Performance and Results Act (GPRA) Modernization Act of 2010 (Pub. L. 111-352). The agency anticipates the final Strategic Plan will be submitted to Congress in February 2014. The Strategic Plan provides the Agency's long-term direction and strategies for advancing human health and the environment. For this notice, the EPA is seeking comment from individual citizens, states, tribes, local government, industry, the academic community, non-governmental organizations, and all other interested parties. The agency is particularly interested in feedback addressing strategies contained in the goal narratives, cross- cutting fundamental strategies, and strategic measures. The agency made targeted revisions to our existing Plan that seek to advance efforts to address our changing climate, protect our precious water and land resources, and advance chemical safety. The Plan seeks to outline how EPA will make a visible difference in communities across the country by advancing sustainability, innovation and providing sound scientific advice, technical and compliance assistance and other tools that support states, tribes, cities, towns, rural communities, and the private sector. Under this Plan, EPA will continue to improve the way we do business, engaging closely with our public sector partners at all levels and the regulated community to achieve environmental benefits in the most pragmatic, collaborative, and flexible way possiblefor our children and future generations. In addition, the EPA is proposing new FY 2014-2015 Agency Priority Goalsa key component of the Administration's performance management systemto align more closely with our highest priorities, including improving the health of communities across the country and tackling the issue of climate change.

On June 24, 2011, Ohio Environmental Protection Agency (Ohio EPA) submitted for Clean Air Act (CAA) State Implementation Plan (SIP) approval, revisions to Ohio Administrative Code (OAC) rules: 3745-18- 01, 3745-18-03 to 3745-18-52, 3745-18-54 to 3745-18-77, 3745-18-79, 3745-18-81 to 3745-18-89, and 3745-18-91 to 3745-18-94. The rule revisions primarily update facility information and remove SO2 requirements for shutdown facilities throughout the SIP. EPA believes that the revisions improve the clarity of the rule without affecting the stringency and therefore is approving all of the submitted revisions except for specific paragraphs in OAC 3745-18-04.

The EPA is proposing to amend certain provisions of the Fluorinated Gas Production source category of the Greenhouse Gas Reporting Rule. The proposed changes would reduce the level of detail in which emissions were reported, establish a new set of default global warming potentials, eliminate the mass-balance emission calculation method, and clarify the emission factor method. We are also proposing confidentiality determinations for the new and substantially revised reporting requirements of the Fluorinated Gas Production source category.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal)'' (EPA ICR No. 1593.09, OMB Control No. 2060-0318), 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 December 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 has submitted an information collection request (ICR), 8-Hour Ozone National Ambient Air Quality Standard, 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 December 31, 2013. Public comments were previously requested via the Federal Register (78 FR 45188) on July 26, 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.

Pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4307h), the Council on Environmental Quality's NEPA regulations (40 CFR Part 1500-1508), and EPA's regulations for implementing NEPA (40 CFR Part 6), EPA will prepare an Environmental Assessment (EA) to analyze the potential environmental impacts related to the reissuance of the National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from Industrial Activities, also referred to as the Multi-Sector General Permit. The EA will evaluate the potential environmental impacts from the discharge of pollutants in stormwater discharges from new sources associated with industrial facilities where EPA is the permitting authority. EPA will use the information in the EA to determine whether to prepare an Environmental Impact Statement (EIS). This notice initiates the scoping process by inviting comments from Federal, State, and local agencies, Indian tribes, and the public to help identify the environmental issues and reasonable alternatives to be examined in the EA. The scoping process will inform the preparation of the EA, which will be made available for public comment.

The Agency is issuing this notice to reschedule the 1-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review, RNAi Technology as a Pesticide: Problem Formulation for Human Health and Ecological Risk Assessment. The meeting was announced in the Federal Register on August 15, 2013. The Agency issued a notice of cancellation in the Federal Register on October 28, 2013. The new meeting date is January 28, 2014.

This regulation establishes tolerances for residues of tebuconazole in or on the fruiting vegetable group 8-10 and amends the existing tolerances for barley grain and the cucurbit vegetable group 9. Interregional Research Project Number 4 (IR-4) requested this tolerance and amendment under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is proposing to approve a state implementation plan (SIP) revision submitted by the Illinois Environmental Protection Agency (IEPA) on November 29, 2012, concerning the state's vehicle inspection and maintenance (I/M) program in the Chicago and Metro-East St. Louis ozone nonattainment areas in Illinois. The revision amends I/M program requirements in the active control measures portion of the ozone SIP to reflect changes that have been implemented at the state level since EPA fully approved the I/M program on February 22, 1999. The submittal also includes a demonstration under section 110(l) of the Clean Air Act (CAA) addressing lost emission reductions associated with the program changes.

On November 15, 2010, Ohio EPA submitted to EPA revisions to Ohio OAC 3745-14. EPA is proposing to approve these revisions under the Clean Air Act, which allows for Ohio's Clean Air Interstate Rule (CAIR) NOX Ozone Season Trading Program rules to supersede Ohio's nitrogen oxides (NOX) State Implementation Plan (SIP) Call Budget Trading Program rules, but leave other requirements of the NOX SIP Call in place for units not covered by CAIR.

EPA is taking direct final action to approve a revision to the Virginia State Implementation Plan (SIP). The revision removes Virginia's repealed regulation for the National Low Emission Vehicle (NLEV) program from the Virginia SIP. Virginia repealed its regulation in December 2011, because the NLEV program was superseded by more stringent Federal Tier 2 passenger car and light-duty truck standards, which were promulgated by EPA on February 10, 2000. The Federal Tier 2 vehicle standards, which were implemented on a phased-in basis between model years 2004 and 2006, marked the expiration of the NLEV program, per the framework established by the NLEV program at its inception. Therefore, EPA is approving this revision to remove Virginia's repealed NLEV regulation from the Virginia SIP, in accordance with the requirements of the Clean Air Act (CAA).