Environmental Protection Agency 2013 – Federal Register Recent Federal Regulation Documents
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National Emissions Standards for Hazardous Air Pollutants Residual Risk and Technology Review for Flexible Polyurethane Foam Production
The EPA is proposing amendments to the National Emissions Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production to address the results of the residual risk and technology review. In light of our review, we are proposing amendments that would prohibit the use of hazardous air pollutant-based auxiliary blowing agents for slabstock foam production facilities. In addition, the EPA is proposing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown and malfunction; to add provisions for affirmative defense; to add requirements for reporting of performance testing through the Electronic Reporting Tool; to revise compliance dates for applicable proposed actions; to clarify the leak detection methods allowed for diisocyanate storage vessels at slabstock foam production facilities; and to revise the rule to add a schedule for delay of leak repairs for valves and connectors.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Indiana PM2.5
EPA is proposing to approve revisions to Indiana's state implementation plan as requested by the Indiana Department of Environmental Management (IDEM) to EPA on July 12, 2012, and December 12, 2012. The revisions to Indiana's state implementation plan (SIP) implement certain EPA regulations for particulate matter smaller than 2.5 micrometers (PM2.5) by establishing definitions related to PM2.5, defining PM2.5 increment levels, and setting PM2.5 class 1 variances. The revisions also incorporate definitions and regulations that recognize nitrogen oxides (NOX) as an ozone precursor.
D-Glucopyranose, oligomeric, decyl octyl glycosides; Exemption from the Requirement of a Tolerance
This regulation establishes an exemption from the requirement of a tolerance for residues of D-Glucopyranose, oligomeric, decyl octyl glycosides when used as an inert ingredient (surfactant) in antimicrobial formulations (food-contact surface sanitizing solutions) applied to food-contact surfaces in public eating places, dairy- processing equipment, and food-processing equipment and utensils. Lewis & Harrison, on behalf of BASF Corporation, 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 D-Glucopyranose, oligomeric, decyl octyl glycosides.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards
EPA is proposing to approve a State Implementation Plan (SIP) submittal from the State of West 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. West Virginia has made a submittal addressing the infrastructure requirements for the 2010 nitrogen dioxide (NO2) NAAQS.
Notice of Meeting of the EPA's Children's Health Protection Advisory Committee (CHPAC)
Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held November 13 and 14, 2013 at National Archives Museum (700 Pennsylvania Avenue NW., Washington, DC 20408). The CHPAC was created to advise the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.
Approval and Promulgation of Implementation Plans; Florida; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards
EPA is taking final action to approve in part, and disapprove in part, the State Implementation Plan (SIP) submission, submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP) on October 31, 2011, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. FDEP certified that the Florida SIP contains provisions that ensure the 2008 8-hour ozone NAAQS are implemented, enforced, and maintained in Florida (hereafter referred to as ``infrastructure submission''). EPA is now taking two related actions on FDEP's infrastructure submission for Florida. First, EPA is taking final action to approve that Florida's infrastructure submission addresses all required infrastructure elements for the 2008 8-hour ozone NAAQS with the exception of the portion of the submission related to prevention of significant deterioration (PSD) regarding greenhouse gas (GHG) requirements, and the portion of the submission that purports to meet the requirement that the SIP include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures to protect visibility in another state. Second, EPA is taking final action to disapprove in part portions of Florida's infrastructure submission as it relates to PSD requirements regarding the regulation of greenhouse gas (GHG) emissions.
Fomesafen; Pesticide Tolerances
This regulation establishes tolerances for residues of fomesafen in or on multiple commodities 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).
Modification of Significant New Uses of 1-Propene, 2,3,3,3-tetrafluoro-
Under the Toxic Substances Control Act (TSCA), EPA is finalizing an amendment to the significant new use rule (SNUR) for the chemical substance identified as 1-Propene, 2,3,3,3-tetrafluoro-, which was the subject of premanufacture notice (PMN) P-07-601. This action amends the SNUR to allow the manufacture and processing for certain uses without requiring a significant new use notice (SNUN). EPA is finalizing this amendment based on review of newly submitted exposure and toxicity data.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Sola Optical USA, Inc. Superfund Site
The Environmental Protection Agency (EPA) Region 9 announces the deletion of the Sola Optical USA, Inc. Superfund Site (Site) located in Petaluma, California, 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). The EPA and the State of California, through the California Regional Water Quality Control BoardSan Francisco Bay Region, have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.
Best Practices for Continuous Monitoring of Temperature and Flow in Wadeable Streams
EPA is announcing a 30-day public comment period for the draft document titled, ``Best Practices for Continuous Monitoring of Temperature and Flow in Wadeable Streams'' (EPA/600/R-13/170). The EPA also is announcing that either ERG or Versar, EPA contractors for external scientific peer review, will select an independent 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. The report describes best practices for the deployment of continuous temperature and flow sensors in wadeable streams. This document addresses questions related to equipment needs, configuration, placement, installation techniques, data retrieval, and data processing. EPA is releasing the draft report for the purposes of public comment and peer review. 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. This draft report is not final as described in EPA's information quality guidelines, and does not represent and should not be construed to represent Agency policy or views. EPA intends to forward the public comments that are submitted in accordance with this notice to the external peer reviewers for their consideration during the letter review. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice.
EPA-R04-OAR-2013-0563; FRL-9902-18-Region 4]
EPA is proposing to approve the State of North Carolina's March 27, 2013, State Implementation Plan (SIP) revision to the State's approved Maintenance Plan for the Raleigh-Durham-Chapel Hill (Triangle) 1997 8-hour Ozone Maintenance Area. Specifically, North Carolina's revision, including updated modeling, shows that the Triangle Area would continue to maintain the 1997 8-hour ozone standard if the currently applicable Federal Reid Vapor Pressure (RVP) standard for gasoline from 7.8 pounds per square inch (psi) were modified to 9.0 psi for three portions (Wake and Durham Counties, and a portion of Granville County) of the ``Triangle Area'' of North Carolina 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 areas would not interfere with continued maintenance of the 1997 8-hour Ozone National Ambient Air Quality Standards (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 Triangle Area from the list of areas that are currently subject to the Federal 7.8 psi RVP requirements. In addition, EPA is also proposing to approve changes to the motor vehicle emission budgets (MVEBs) used in the 1997 8-hour ozone maintenance plan for the Triangle Area. The use of new models and the relaxation of the RVP requirement has resulted in a revised safety margin which North Carolina is reallocating among the MVEBs associated the Maintenance Plan. EPA has preliminarily determined that North Carolina's March 27, 2013, SIP revision with respect to the changes 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 MVEBs, is consistent with the applicable provisions of the Clean Air Act (CAA or Act). Should EPA decide to remove the subject portions of the Triangle Area from those areas subject to the 7.8 psi Federal RVP requirements, such action will occur in a subsequent rulemaking.
Dichloromethane and N-Methylpyrrolidone TSCA Chemical Risk Assessment; Notice of Rescheduled Public Meetings and Extension of Opportunity To Comment
On August 23, 2013, EPA announced that it would be holding three peer review meetings by web connect and teleconference on September 26, 2013, October 15, 2013, and November 12, 2013 regarding EPA's draft Toxic Substances Control Act (TSCA) chemical risk assessment, ``TSCA Workplan Chemical Risk Assessment for Dichloromethane and N-Methylpyrrolidone.'' The first meeting was held as scheduled. Due to the government shutdown, however, EPA has rescheduled the remaining two peer review meetings and is announcing the rescheduled meetings in this notice. EPA is also extending the due date for public comments.
Pesticide Products; Registration Applications for New Active Ingredients
EPA has received several applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.
Product Cancellation Order for Certain Pesticide Registrations
This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1a and 1b of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a August 21, 2013 Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the August 21, 2013 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Amendment to Standards and Practices for All Appropriate Inquiries
Because EPA received adverse comment, we are withdrawing the direct final rule for the Amendment to Standards and Practices for All Appropriate Inquiries published on August 15, 2013.
Partial Approval and Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Lead (Pb)
EPA is proposing to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the State of Nevada on October 12, 2011, July 23, 2012, and August 30, 2012, pursuant to the requirements of the Clean Air Act (CAA or the Act) for the implementation, maintenance, and enforcement of the 2008 Lead (Pb) national ambient air quality standards (NAAQS). We refer to such SIP revisions as ``infrastructure'' SIPs because they are intended to address basic structural SIP requirements for new or revised NAAQS including, but not limited to, legal authority, regulatory structure, resources, permit programs, monitoring, and modeling necessary to assure attainment and maintenance of the standards. We are taking comments on this proposal and plan to follow with a final action.
Acid Rain Program: Notice of Annual Adjustment Factors for Excess Emissions Penalty
The Acid Rain Program under title IV of the Clean Air Act provides for automatic excess emissions penalties in dollars per ton of excess emissions for sources that do not meet their annual Acid Rain emissions limitations. This notice states the dollars per ton excess emissions penalty amounts, which must be adjusted for each compliance year commensurate with changes in the Consumer Price Index (CPI), for compliance years 2013 and 2014.
Extension of Comment Period for the NPDES Electronic Reporting Rule
The U.S. Environmental Protection Agency is extending the comment period for the NPDES Electronic Reporting Rule, published on July 30, 2013. EPA is soliciting public comment on a new regulation that would require electronic reporting for current paper-based NPDES reports. This action will save time and resources for permittees, states, tribes, territories, and EPA while improving compliance and providing better protection of the Nation's waters. The proposed Clean Water Act regulation would require permittees and regulators to use existing, available information technology to electronically report information and data related to the NPDES permit program in lieu of filing written reports. In response to requests from stakeholders, this action extends the comment period for 45 days.
Approval and Promulgation of Implementation Plans; California; South Coast; Contingency Measures for 1997 PM2.5
EPA is approving a State implementation plan (SIP) revision submitted by California to address Clean Air Act (CAA) contingency measure requirements for the 1997 annual and 24-hour national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5) in the Los Angeles-South Coast Air Basin (South Coast). Approval of this SIP revision terminates the sanctions clocks and a federal implementation plan (FIP) clock that were triggered by EPA's partial disapproval of a related SIP submission on November 5, 2011.
FIFRA Scientific Advisory Panel; Notice of Cancellation
The Agency is issuing this notice to cancel the 3-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review scientific uncertainties associated with corn rootworm resistance monitoring for Bt corn Plant Incorporated Protectants (PIPs) scheduled for October 30November 1, 2013. The meeting was announced in the Federal Register on August 9, 2013. The meeting will be rescheduled.
FIFRA Scientific Advisory Panel; Notice of Cancellation
The Agency is issuing this notice to cancel 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 scheduled for October 29, 2013. The meeting was announced in the Federal Register of August 15, 2013. The meeting will be rescheduled.
Extension of Review Periods Under the Toxic Substances Control Act; Certain Chemicals and Microorganisms; Premanufacture, Significant New Use, and Exemption Notices; Delay in Processing Due to Lack of Authorized Funding
Due to the federal government shutdown related to the lack of authorized funding (i.e., a Fiscal Year 2014 Appropriations Bill or a Continuing Resolution), EPA is extending the review periods for all Premanufacture Notices (PMNs), Significant New Use Notices (SNUNs), Microbial Commercial Activity Notices (MCANs), and exemption notices submitted to the Agency under section 5 of the Toxic Substances Control Act (TSCA), received by EPA on or before October 1, 2013, and for which the review period had not expired as of October 1, 2013. Additionally, EPA did not receive notifications with respect to such submissions on or after October 1, 2013, and before the date on which the shutdown terminated on October 16, 2013, and the affected operations resumed on October 17, 2013. Also, during the shutdown, submissions made through e-PMN/CDX or other methods were not processed by EPA. Consequently, the review period for any TSCA section 5 notice submitted during the shutdown did not begin until operations resumed on October 17, 2013.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Engine Emission Defect Information Reports and Voluntary Emission Recall Reports (Renewal)
The Environmental Protection Agency has submitted an information collection request (ICR), Engine Emission Defect Information Reports and Voluntary Emission Recall Reports (EPA ICR Number 0282.16, OMB Control Number 2060-0048) 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 October 31, 2013 request for approval of a new collection. Public comments were previously requested via the Federal Register (78 FR 29751) on May 21, 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.
Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities
This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Proposed CERCLA Settlements Relating to the Truckers Warehouse Site in Passaic, Passaic County, New Jersey
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 2, of three proposed Administrative Settlement Agreements for Recovery of Past Response Costs (``Agreements'') pursuant to Section 122(h)(1) of CERCLA, with (1) RJS Corp.; (2) Your Factory Warehouse, Inc., Douglas Marino and Mark Marino; and (3) A&S Corporation and Marie Andre (``Settling Parties''). The Settling Parties are potentially responsible parties, pursuant to Section 107(a) of CERCLA, and thus are potentially liable for response costs incurred at or in connection with the Truckers Warehouse Site (``Site''), located in Passaic, Passaic County, New Jersey. Under the Agreements, the Settling Parties agree to pay a total of $108,748.20 to EPA for past response costs. EPA will consider all comments received and may modify or withdraw its consent to the Agreements if comments received disclose facts or considerations that indicate that the proposed Agreements are inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region 2 offices, 290 Broadway, New York, New York 10007-1866.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to Rules and Regulations for Control of Air Pollution; Permitting of Grandfathered Facilities
The EPA is proposing to approve revisions of the Texas State Implementation Plan submitted by the Texas Commission on Environmental Quality (TCEQ, or Commission) on July 31, 2002; September 4, 2002; and March 1, 2004. These revisions require that all grandfathered facilities obtain specific permits which include emission control methods to achieve mandated emission reductions, as required, or shutdown; and require that emissions from dockside vessels which result from operations at grandfathered land-based facilities be included in specific permits. The revisions also outline additional permitting procedures for certain grandfathered pipeline equipment located in an ozone nonattainment area. These permitting requirements and emissions reductions will contribute to achieving attainment and help ensure attainment and continued maintenance of the National Ambient Air Quality Standards (NAAQS) for ozone in the State of Texas. EPA is proposing the revisions under section 110, part C, and part D of the Act, and EPA's regulations.
Approval of Air Quality Implementation Plans; California; El Dorado County Air Quality Management District; Reasonably Available Control Technology for Ozone
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by California for the El Dorado County Air Quality Management District (EDAQMD) portion of the California SIP. The submitted SIP revision contains the District's demonstrations regarding Reasonably Available Control Technology (RACT) requirements for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). We are proposing to approve the submitted SIP revision under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revised Ambient Air Quality Standards for Fine Particulate Matter
EPA proposes to approve State Implementation Plan (SIP) revisions submitted by the Commonwealth of Virginia adding ambient air quality standards and associated reference conditions for Fine Particulate Matter (PM2.5) that are consistent with the 2013 National Ambient Air Quality Standards (NAAQS) for PM2.5. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal 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 action, 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. Any parties interested in commenting on this action should do so at this time.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revised Ambient Air Quality Standards for Fine Particulate Matter
EPA is taking direct final action to approve revisions to the Commonwealth of Virginia State Implementation Plan (SIP). The revisions add ambient air quality standards and associated reference conditions for Fine Particulate Matter (PM2.5) that are consistent with the 2013 National Ambient Air Quality Standards (NAAQS) for PM2.5. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determinations of Attainment of the 1997 Annual Fine Particulate Standards for the Liberty-Clairton Nonattainment Area
EPA is making two separate and independent determinations regarding the Liberty-Clairton, Pennsylvania 1997 annual fine particulate (PM2.5) nonattainment area (the Liberty-Clairton Area). First, EPA is determining that the Liberty-Clairton Area attained the 1997 PM2.5 annual national ambient air quality standards (NAAQS) by the applicable attainment date, December 31, 2011. This determination is based on quality assured and certified ambient air quality date for the 2009-2011 monitoring period. Second, EPA is determining that the Liberty-Clairton Area has continued to attain the 1997 annual PM2.5 NAAQS, based on quality-assured and certified ambient air quality data for the 2010-2012 monitoring period. The latter ``clean data determination'' suspends the requirement for the Liberty-Clairton Area to submit an attainment demonstration, reasonably available control measures (RACM), reasonable further progress (RFP), and contingency measures related to attainment of the 1997 annual PM2.5 NAAQS for so long as the area continues to attain the 1997 annual PM2.5 NAAQS. These determinations do not constitute a redesignation to attainment. The Liberty-Clairton Area will remain designated nonattainment for the 1997 annual PM2.5 NAAQS until such time as EPA determines that the Liberty-Clairton Area meets the Clean Air Act (CAA) requirements for redesignation to attainment, including an approved maintenance plan. These actions are being taken under the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. The SIP revision addresses the infrastructure elements of the Clean Air Act (CAA), necessary to implement, maintain, and enforce the 2010 nitrogen dioxide (NO2) national ambient air quality standard (NAAQS). EPA is approving this SIP revision in accordance with the requirements of the CAA.
Promulgation of State Implementation Plan Revisions; Revision to Prevention of Significant Deterioration Program; Infrastructure Requirements for the 1997 and 2006 PM2.
EPA is partially approving and partially disapproving State Implementation Plan (SIP) submissions from the State of Utah to demonstrate that the SIP meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for fine particulate matter (PM2.5) on July 18, 1997 and on October 17, 2006. The CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIPs to ensure that they meet infrastructure requirements. The State of Utah provided infrastructure SIP submissions on April 17, 2008 for the 1997 PM2.5 NAAQS and September 21, 2010 for the 2006 PM2.5 NAAQS. In addition, EPA is approving portions of SIP revisions submitted by the State of Utah on March 14, 2012. This submission revises Utah's Prevention of Significant Deterioration (PSD) program to incorporate the required elements of the 2008 PM2.5 New Source Review (NSR) Implementation Rule and the 2010 PM2.5 Increment Rule.
Approval and Promulgation of Implementation Plans; Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants, State of Iowa; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Negative Declaration and 111(d) Plan Rescission; Approval and Promulgation of Operating Permits Program, State of Iowa
EPA is proposing to approve, through direct final rulemaking, revisions to the State of Iowa's State Implementation Plan (SIP), Title V program and Clean Air Act (CAA) section 111(d) Plan. The purpose of these revisions is to make general updates to existing state air quality rules, approve an exemption from constructing permitting for engines used in periodic pipeline testing, approve changes to State rules regarding regional haze requirements, and to approve adoption of Federal regulations including the National Ambient Air Quality Standards (NAAQS) for 2008 Ozone, 2008 Lead, and 2010 Nitrogen Dioxide. EPA is proposing approval of the SIP provisions pursuant to section 110 of the CAA. EPA is also proposing to approve the State of Iowa's negative declaration and withdrawal of its section 111(d)/129 plan for Hospital Medical Infectious Waste Incinerators (HMIWI) units. EPA is proposing approval of these actions pursuant to section 111 of the CAA. EPA is also proposing to approve two minor administrative changes to the Title V program, pursuant to section 500 of the CAA.
Approval and Promulgation of Implementation Plans; Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants, State of Iowa; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Negative Declaration and 111(d) Plan Rescission; Approval and Promulgation of Operating Permits Program, State of Iowa
EPA is approving, through direct final rulemaking, revisions to the State of Iowa's State Implementation Plan (SIP), Title V program, and Clean Air Act (CAA) section 111(d) plan. The purpose of these revisions is to make general updates to existing state air quality rules, approve an exemption from constructing permitting for engines used in periodic pipeline testing, approve changes to state rules regarding regional haze requirements, and to approve adoption of Federal regulations including the National Ambient Air Quality Standards (NAAQS) for 2008 Ozone, 2008 Lead, and 2010 Nitrogen Dioxide. EPA is approving the SIP provisions pursuant to section 110 of the CAA. EPA is also taking direct final action to approve a Hospital Medical Infectious Waste Incinerators (HMIWI) section 111(d) negative declaration from the State of Iowa which certifies that HMIWIs, subject to the requirements of sections 111(d) and 129 of the CAA, do not exist in the State; and approving the rescission of its section 111(d)/129 plan and emission guidelines for HMIWI units. EPA is approving these actions pursuant to section 111 of the CAA. EPA is also approving two minor administrative changes to the Title V program, pursuant to section 500 of the CAA.
Notice of Extension of the Public Comment Period on the Draft Toxicological Review of Benzo[a]pyrene: In Support of the Summary Information on the Integrated Risk Information System (IRIS) and the Addition of Benzo[a]pyrene to the Agenda for the December 2013 IRIS Bimonthly Meeting
EPA is announcing an extension of the public comment period for the draft human health assessment titled, ``Toxicological Review of Benzo[a]pyrene: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-13/138) and the draft peer review charge questions from October 21, 2013, to November 21, 2013. The draft assessment will be added to the agenda for the IRIS bimonthly public meeting scheduled for December 12-13, 2013. Information on this meeting, including location, time, registration, and participation procedures will be available on the IRIS Web site (https://www.epa.gov/ iris/publicmeeting/).
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standards
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 sulfur dioxide (SO2) NAAQS. This action proposes to approve portions of this submittal.
Approval and Promulgation of Air Quality Implementation Plans; Rhode Island: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule
EPA is taking direct final action to approve certain revisions to the Rhode Island State Implementation Plan (SIP) primarily relating to regulation of Greenhouse Gases (GHGs) under Rhode Island's Prevention of Significant Deterioration (PSD) preconstruction permitting program. EPA is also taking direct final action to approve the State's definition of ``PM2.5'' (fine particulate matter) specific to permitting. Certain of the State's revisions consist of definitions that also relate more broadly to the State's PSD and nonattainment new source review (NSR) preconstruction permitting requirements, i.e., to stationary sources that also emit regulated new source review pollutants other than GHGs. EPA is also taking direct final action to conditionally approve those definitions as they relate to the non-GHG pollutants, for the reasons described in more detail later in this notice. All of the revisions in question were submitted by Rhode Island, through the Rhode Island Department of Environmental Management (RI DEM) Office of Air Resources, on January 18, 2011. They are primarily intended to align Rhode Island's regulations with EPA's ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule.'' Finally, EPA is not taking action on certain other SIP revisions contained in RI DEM's January 18, 2011 submittal.
Approval and Promulgation of Air Quality Implementation Plans; Rhode Island: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule
EPA is proposing to fully approve certain revisions to the Rhode Island State Implementation Plan (SIP) primarily relating to regulation of Greenhouse Gases (GHGs) under Rhode Island's Prevention of Significant Deterioration (PSD) preconstruction permitting program. EPA is also proposing to fully approve the State's definition of ``PM2.5'' (fine particulate matter) which is specific only to permitting. Certain of the State's SIP revisions consist of definitions that also relate more broadly to the State's PSD and nonattainment new source review (NSR) preconstruction permitting requirements, i.e., to major stationary sources that also emit regulated new source review pollutants other than GHGs. EPA is proposing to conditionally approve those definitions as they relate to the non-GHG pollutants. All of the revisions in question were submitted by Rhode Island, through the Rhode Island Department of Environmental Management (RI DEM) Office of Air Resources, on January 18, 2011. They are primarily intended to align Rhode Island's SIP regulations with EPA's ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule.'' Finally, EPA is not taking action on certain other SIP revisions contained in RI DEM's January 18, 2011 submittal.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Dayton-Springfield, Steubenville-Weirton, Toledo, and Parkersburg-Marietta; 1997 8-Hour Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets
Under the Clean Air Act (CAA), EPA is approving requests by Ohio to revise the 1997 8-hour ozone maintenance air quality state implementation plan (SIP) for the Dayton-Springfield area, the Toledo area, and the Ohio portions of the Parkersburg-Marietta and Steubenville-Weirton, West Virginia-Ohio areas, to replace onroad emissions inventories and motor vehicle emissions budgets (budgets) with inventories and budgets developed using EPA's Motor Vehicle Emissions Simulator (MOVES) emissions model. The Dayton-Springfield area consists of Clark, Greene, Miami, and Montgomery Counties. The Ohio portion of the Steubenville-Weirton, West Virginia-Ohio area consists of Jefferson County, Ohio. The Toledo area consists of Lucas and Wood Counties. The Ohio portion of the Parkersburg-Marietta, West Virginia-Ohio area consists of Washington County. Ohio submitted the SIP revision requests on the following dates: Dayton-Springfield on February 11, 2013; Steubenville-Weirton on March 15, 2013; Toledo on April 18, 2013; Parkersburg-Marietta on April 26, 2013.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Dayton-Springfield, Steubenville-Weirton, Toledo, and Parkersburg-Marietta; 1997 8-Hour Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets
Under the Clean Air Act, EPA is proposing to approve the request by Ohio to revise the 1997 8-hour ozone maintenance air quality state implementation plan (SIP) for the Dayton-Springfield and Toledo areas, and the Ohio portions of the Parkersburg-Marietta and Steubenville-Weirton, West Virginia-Ohio areas to replace onroad emissions inventories and motor vehicle emissions budgets (budgets) with inventories and budgets developed using EPA's Motor Vehicle Emissions Simulator (MOVES) emissions model. The Dayton-Springfield area consists of Clark, Greene, Miami, and Montgomery Counties. The Ohio portion of the Steubenville-Weirton, West Virginia-Ohio area consists of Jefferson County, Ohio. The Toledo area consists of Lucas and Wood Counties. The Ohio portion of the Parkersburg-Marietta, West Virginia-Ohio area consists of Washington County. Ohio submitted the SIP revision requests for the areas on the following dates: Dayton- Springfield on February 11, 2013; Steubenville-Weirton on March 15, 2013; Toledo on April 18, 2013; Parkersburg-Marietta on April 26, 2013.
Approval and Promulgation of Implementation Plans; Idaho: State Board Requirements
The EPA is taking final action to approve a revision to the Idaho State Implementation Plan (SIP) submitted by the State of Idaho on September 16, 2013, for approval into the Idaho SIP for purposes of meeting the state board requirements of the Clean Air Act (CAA). The EPA is also approving the September 16, 2013, revision as meeting the corresponding state board infrastructure requirements of the CAA for the 1997 ozone National Ambient Air Quality Standards (NAAQS). On August 1, 2013, the EPA proposed to approve the July 16, 2013, draft of this revision submitted for parallel processing. Because the final SIP revision submitted by Idaho to the EPA on September 16, 2013 is consistent with the July 16, 2013, submittal, the Idaho SIP will, upon the effective date of this final approval, contain the required provisions regarding board composition and disclosure of potential conflicts of interest. The EPA is taking final action to approve this revision because it satisfies the requirements of the Clean Air Act (CAA).
Approval and Promulgation of State Implementation Plans; Hawaii; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard
EPA is proposing to approve elements of a State Implementation Plan (SIP) revision submitted by the State of Hawaii on February 13, 2013, pursuant to the requirements of of the Clean Air Act (CAA or the Act) for the 2008 Lead (Pb) national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA. We are taking comments on this proposal and plan to follow with a final action.
Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards
On March 13, 2013, EPA sent the Commonwealth of Virginia (Virginia) a letter acknowledging that Virginia's delegation of authority to implement and enforce National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public of Virginia's updated delegation of authority to implement and enforce NESHAP and NSPS, EPA is making available a copy of EPA's letter to Virginia through this notice.
Approval and Promulgation of Implementation Plans; Tennessee; Bristol; 2010 Lead Base Year Emissions Inventory and Conversion of Conditional Approvals for Prevention of Significant Deterioration
EPA is proposing to approve the Lead 2010 base year emissions inventory State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) on April 11, 2013. The emissions inventory was submitted to meet the requirements of the Clean Air Act (CAA or Act) for the Bristol 2008 Lead National Ambient Air Quality Standards (NAAQS) nonattainment area (hereafter also referred to as the ``Bristol Area'' or ``Area''). Additionally, EPA is proposing to convert conditional approvals to full approvals for Tennessee's 1997 annual fine particulate matter (PM2.5) NAAQS, 2006 24-hour PM2.5 NAAQS and 2008 ozone NAAQS infrastructure SIPs as they relate to adequate provisions prohibiting emissions that interfere with any other state's required measures to prevent significant deterioration of its air quality. EPA conditionally approved these portions of Tennessee's infrastructure submissions for these NAAQS on March 6, 2013, and March 26, 2013. Tennessee has since met the obligations associated with these conditional approvals, and therefore, EPA is proposing to convert these conditional approvals to full approvals.
Waste Management System; Testing and Monitoring Activities; Update V of SW-846
The Environmental Protection Agency (EPA or the Agency) is providing notice of the availability of ``Update V'' to the Third Edition of EPA publication SW-846, ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods.'' Update V contains 23 new and revised analytical methods that the Agency has evaluated, and determined to be appropriate and which may be used for monitoring or complying with the Resource Conservation and Recovery Act (RCRA) hazardous and non-hazardous waste regulations. Because the analytical methods contained in Update V are not required by the RCRA hazardous waste regulations, EPA is issuing this update as guidance. In addition, the Agency is also taking comment on revisions to Chapters One through Five of EPA publication SW-846, an ORCR Policy Statement, and other guidance. The Agency is seeking public comment on Update V, and after consideration of the public comments, will place these new and revised methods, guidance, and chapters in the SW-846 methods compendium.
Public Hearing and Request for Comments on Proposed Revisions to Michigan's Clean Water Act (CWA) Program
EPA requests comments on proposed revisions to Michigan's CWA Section 404 permitting program resulting from the recent enactment of Michigan Public Act 98 (PA 98). EPA will hold a public hearing in Lansing, Michigan, on December 11, 2013, to take comments on the proposed program revisions. Under Section 404 of the CWA, permits are required for activities involving discharges of dredged or fill material to waters of the United States, including wetlands, lakes and streams. In 1984, Michigan assumed Section 404 permitting authority for its inland waters and wetlands. PA 98 amended the wetlands and the inland lakes and streams provisions of the Michigan's Natural Resources and Environmental Protection Act to address areas, as identified by EPA in a 2008 program review, where the state's Section 404 program did not comply with CWA requirements. In addition to changes to address issues identified in EPA's program review, PA 98 included: (1) Changes to the definition of contiguous wetlands regulated by Michigan's Section 404 program; (2) the addition of new exemptions from permitting; and (3) changes to the requirements for mitigating the effects of filling wetlands and other waters of the United States. Under federal regulations, substantial changes to state CWA Section 404 programs do not become effective until program revisions are approved by EPA. Information about PA 98, the resulting proposed revisions to Michigan's Section 404 program, the public hearing, and procedures for submitting comments is available at: www.regulations.gov/ (insert: EPA-HQ-OW-2013- 0710 in the search field).
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Stationary Reciprocating Internal Combustion Engines (Renewal)
The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Stationary Reciprocating Internal Combustion Engines (Renewal)'' (EPA ICR No. 1975.09, OMB Control No. 2060-0548) 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings (Renewal)
The Environmental Protection Agency has submitted an information collection request (ICR), National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings (EPA ICR No. 1765.07, OMB Control No. 2060-0353), 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 October 31, 2013. Public comments were previously requested via the Federal Register (78 FR 31921) on May 28, 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.
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