Environmental Protection Agency 2013 – Federal Register Recent Federal Regulation Documents

On June 18, 2010 (75 FR 34670), EPA published a proposed rulemaking action to approve a revision to the Maryland State Implementation Plan (SIP). The revision pertains to revised emission limitations for the R. Paul Smith Power Station located in Washington County, Maryland. On July 20, 2013, the State of Maryland requested withdrawal of this SIP revision. This SIP revision is no longer pending before EPA. Therefore, EPA is withdrawing its proposed rulemaking action to approve the revised emission limitations for the R. Paul Smith Power Station contained in the withdrawn SIP revision. This withdrawal action is being taken under section 110 of the Clean Air Act.

This regulation establishes an exemption from the requirement of a tolerance for residues of FD&C Yellow No. 5 (CAS Reg. No. 1934-21- 0) when used as an inert ingredient (dye) in antimicrobial pesticide formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils. Exponent, Inc. 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. These regulations eliminate the need to establish a maximum permissible level for residues of FD&C Yellow No. 5.

EPA is withdrawing the proposed rule proposing approval of revisions to the Commonwealth of Pennsylvania's 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 SIP for Lancaster County. In the associated direct final rule published on August 8, 2013, the table with the revised MVEBs contained numerical errors. Therefore, EPA is withdrawing this proposed rule also published on August 8, 2013. The proposed rule is hereby withdrawn in its entirety. EPA will commence a separate rulemaking action for this SIP revision.

EPA is finalizing the update of the Outer Continental Shelf (``OCS'') Air Regulations proposed in the Federal Register on March 22, 2011. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District (``Santa Barbara County APCD'' or ``District'') is the designated COA. The intended effect of approving the OCS requirements for the Santa Barbara County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore.

EPA is finalizing approval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on June 24, 2013 and concerns volatile organic compound (VOC), oxides of nitrogen (NOX), and particulate matter (PM) emissions from open burning and wood-burning devices. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

EPA is approving the State of California's request to redesignate the Sacramento nonattainment area to attainment for the 24- hour particulate matter of ten microns or less (PM10) National Ambient Air Quality Standard (NAAQS). EPA is also approving the PM10 maintenance plan and the associated motor vehicle emissions budgets for use in transportation conformity determinations necessary for the Sacramento area, and the attainment year emissions inventory submitted with the plan.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. The revision consists of a new regulation pertaining to control of volatile organic compound (VOC) emissions from pleasure craft coating operations. EPA is approving the revision to reduce further VOC emissions from pleasure craft coating operations in accordance with the requirements of the Clean Air Act (CAA).

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 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a February 22, 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 February 22, 2013 Federal Register notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 180 day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received one comment on the February 22, 2013 Federal Register notice but it did not merit its further review of the request. Further, the registrants did not withdraw their request. 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 cancellation order, including any existing stocks provisions.

This regulation establishes an exemption from the requirement of a tolerance for residues of FD&C Blue No. 1 (CAS Reg. No. 3844-45-9) when used as an inert ingredient (dye) in pesticides formulation applied to growing crops (seed treatment). Exponent on behalf of Sensient Colors, LLC 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 FD&C Blue No. 1.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Willingness To Pay Survey for Santa Cruz River Management Options in Southern Arizona (New)'' (EPA ICR No. 2484.01, OMB Control No. 2080-NEW) 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 request for approval of a new collection. Public comments were previously requested via the Federal Register (78 FR 26773) on May 8, 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 (EPA), on behalf of the federal Great Lakes Restoration Initiative (GLRI) Task Force agencies, announces a public teleconference of the Great Lakes Advisory Board (GLAB). The purpose of the teleconference is for the GLAB to discuss its draft recommendations that will inform the development of a draft Great Lakes Restoration Initiative FY 2015-2019 Action Plan.

EPA is taking final action to approve a source-specific State Implementation Plan (SIP) revision submitted to EPA by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ) on April 25, 2013, for the purpose of exempting an Enterprise Holdings, Inc., facility from the Clean Air Act (CAA or Act) Stage II vapor control requirements. The subject Enterprise Holdings, Inc., facility is currently being constructed at the Cincinnati/Northern Kentucky International Airport in Boone County, Kentucky. EPA's approval of this revision to Kentucky's SIP is based on the December 12, 2006, EPA policy memorandum from Stephen D. Page, entitled ``Removal of Stage II Vapor Recovery in Situations Where Widespread Use of Onboard Refueling Vapor Recovery is Demonstrated.'' This action is being taken pursuant to the CAA.

During a review of Louisiana's regulations, EPA identified a variety of State-initiated changes to Louisiana's hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended, for which the State had not previously sought authorization. EPA proposes to authorize the State for the program changes. In addition, EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Louisiana's authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that EPA will enforce under RCRA.

The Environmental Protection Agency (EPA) is announcing one public meeting and two public webinars to be held for the proposed rule ``Water Quality Standards Regulatory Clarifications,'' which was published separately in the Federal Register (September 4, 2013).

EPA is finalizing a limited approval and limited disapproval of two permitting rules submitted by California as a revision to the Placer County Air Pollution Control District (PCAPCD) and Feather River Air Quality Management District (FRAQMD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on February 22, 2013 and concern construction and modification of stationary sources of air pollution within each District. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA). Final approval of these rules makes the rules federally enforceable and corrects program deficiencies identified in a previous EPA rulemaking (76 FR 44809, July 27, 2011). EPA is also making a technical amendment to the Code of Federal Regulations (CFR) to reflect this previous rulemaking, which removed an obsolete provision from the California SIP.

EPA is finalizing approval of revisions to the Antelope Valley Air Quality Management District (AVAQMD), Santa Barbara County Air Pollution Control District (SBCAPCD), South Coast Air Quality Management District (SCAQMD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on April 29, 2013 and concerns volatile organic compound (VOC) from motor vehicle and mobile equipment coating operations and from graphic arts operations. We are approving local rules that regulate these emission sources under the Clean Air Act (``CAA'' or ``the Act'').

EPA is approving State Implementation Plan (SIP) submissions from the State of Colorado 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 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 Colorado provided infrastructure SIP submissions on April 4, 2008 and June 4, 2010 for the 1997 and 2006 PM2.5 NAAQS, respectively. In addition, EPA is approving portions of SIP revisions submitted by the State of Colorado on May 11, 2012 and May 13, 2013. The revisions update Regulation 3 of the Air Quality Control Commission permitting requirements for the Prevention of Significant Deterioration (PSD) program to incorporate the required elements of the 2008 PM2.5 NSR Implementation Rule and the 2010 PM2.5 Increment Rule.

EPA is taking final action to correct an error in a previous rulemaking that revised the boundaries between nonattainment areas in Southern California designated under the Clean Air Act for the national ambient air quality standard for one-hour ozone. EPA is also taking final action to revise the boundaries of certain Southern California air quality planning areas to designate the Indian country of the Morongo Band of Mission Indians, California as a separate air quality planning area for the one-hour and 1997 eight-hour ozone standards.

This action finalizes the amendments to new source performance standards for the oil and natural gas sector. The Administrator received petitions for reconsideration of certain aspects of the August 12, 2012, final standards. These amendments are a result of reconsideration of certain issues raised by petitioners related to implementation of storage vessel provisions. The final amendments provide clarity of notification and compliance dates, ensure control of all storage vessel affected facilities and update key definitions. This action also corrects technical errors that were inadvertently included in the final standards.

The Environmental Protection Agency (EPA) is granting the California Air Resources Board's (CARB's) request for authorization of California regulations applicable to in-use fleets that operate off- road (nonroad or NR), diesel-fueled (compression-ignition or CI) vehicles with engines 25 horsepower and greater. The regulations require such fleets to meet fleet average emissions standards for oxides of nitrogen (NOX) and particulate matter (PM), or, alternatively, to comply with best available control technology (BACT) requirements for the vehicles in those fleets. This decision is issued under the authority of the Clean Air Act (CAA or Act).

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Final Rule at 40 CFR Part 8: Environmental Impact Assessment of Nongovernmental Activities in Antarctica'' (EPA ICR No. 1808.07, OMB Control No. 2020-0007) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through March 31, 2014. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

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 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a June 12, 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 June 12, 2013 Federal Register 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 received two comments on the June 12, 2013 Federal Register notice but only one merited its further review of the requests. 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.

EPA is approving a state implementation plan (SIP) revision submitted by the Wisconsin Department of Natural Resources on June 7, 2012, concerning the state's vehicle inspection and maintenance (I/M) program in southeast Wisconsin. 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 August 16, 2001. 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.

The Environmental Protection Agency has submitted an information collection request (ICR), Ambient Air Quality Surveillance (Renewal) (EPA ICR No. 0940.27, OMB Control No. 2060-0084) 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 January 31, 2015. This ICR renewal also addresses and incorporates requirements and burden currently approved under the Nitrogen Oxides Ambient Monitoring ICR (OMB 2060-0638, EPA ICR Number 2358.03) and the Sulfur Dioxides Ambient Monitoring ICR (OMB 2060-0642, EPA ICR Number 2370.02). Public comments were previously requested via the Federal Register (78 FR 12052) on February 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.

The EPA is approving a request submitted by the Washington Department of Ecology (Ecology) dated November 28, 2012, to establish motor vehicle emission budgets for the Tacoma-Pierce County fine particulate matter (PM2.5) nonattainment area to meet transportation conformity requirements. Under the Clean Air Act (CAA), new transportation plans, programs, and projects, such as the construction of new highways, must ``conform'' to (i.e., be consistent with) the State Implementation Plan (SIP). The CAA requires federal actions in nonattainment and maintenance areas to ``conform to'' the goals of the SIP. This means that such actions will not cause or contribute to violations of the National Ambient Air Quality Standards (NAAQS), worsen the severity of an existing violation, or delay timely attainment of any NAAQS or any interim milestone. Under the Transportation Conformity Rule, the EPA can approve motor vehicle emission budgets based on the most recent year of clean data if the EPA approves the request in the rulemaking that determines that the area has attained the NAAQS for which the area is designated nonattainment. In September 2012, the EPA finalized an attainment finding for the Tacoma-Pierce County PM2.5 nonattainment area (hereafter referred to as ``Tacoma-Pierce County Area'' or ``the area''). This finding, also called a clean data determination, was based upon quality-assured, quality-controlled, and certified ambient air monitoring data showing that the area had monitored attainment of the 2006 PM2.5 NAAQS based on the 2009-2011 data available in the EPA's Air Quality System. This action updates the previous finding of attainment with more recent 2010-2012 data and approves motor vehicle emission budgets under the Transportation Conformity Rule.