Environmental Protection Agency January 2014 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) published in the Federal Register on January 8, 2014, the proposed rule, ``Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units.'' The EPA is announcing a change in the date for the public hearing to be held for the proposed Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Information Collection Request Renewal for the NOX Budget Trading Program to Reduce the Regional Transport of Ozone'' (EPA ICR No. 1857.06, OMB Control No. 2060-0445) 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 February 28, 2014. Public comments were previously requested via the Federal Register (78 FR 57153) on September 17, 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 is planning to submit an information collection request (ICR), Regulation of Fuels and Fuel Additives: Gasoline Volatility (EPA ICR No. 1367.10, OMB control No. 2060-0178), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA) (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 July 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.

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.

The Environmental Protection Agency (EPA) is approving a portion of Indiana's construction permit rule for sources subject to the state operating permit program regulations. These provisions authorize the state to incorporate terms from Federal consent decrees and Federal district court orders into these construction permits. EPA is also approving public notice requirements for these permit actions. These rules will help streamline the process for making Federal consent decree and Federal district court order requirements permanent and Federally enforceable.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that three Information Collection Requests (ICRs) have been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew three existing approved collections, which are currently approved through January 31, 2014. Public comments were previously requested via the Federal Register (78 FR 57150) on September 17, 2013 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICRs are given below, including their 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 Onshore Natural Gas Processing Plants (40 CFR Part 60, Subparts KKK and LLL) (Renewal)'' (EPA ICR No. 1086.10, OMB Control No. 2060-0120), 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 (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the state of Iowa. These revisions will amend the Iowa air quality rules to eliminate state-only emissions testing procedures and adopt Federal methods; to reduce notification time for portable plant relocations, and allow electronic submittals of notifications; to update air quality definitions to be consistent with Federal definitions, and to place into rule the specific procedures for conducting emissions testing. EPA is also proposing to approve revisions to the Iowa Title V Operating Permits Program to revise the definition of ``EPA Reference Method,'' and to adopt by reference the revised Title V Periodic Monitoring Guidance.

The Environmental Protection Agency (EPA) is providing notice that the 2018 Emissions Modeling Platform data are available for public review and comment. The 2018 Emissions Modeling Platform consists of emission inventory data, supporting data used to develop the 2018 emission inventories, and methods and data that are used to process emission inventories representing the year 2018 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 EPA is requesting comment on the 2018 Emissions Modeling Platform, including the emission inventories, the supporting data, and the methods used to develop and process the 2018 emission inventories. A docket has been established to facilitate public review of the data and to track comments.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Notification of Episodic Releases of Oil and Hazardous Substances (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 March 31, 2014. Public comments were previously requested via the Federal Register (78 FR 49265) on August 13, 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) is taking direct final action to approve revisions to the El Dorado County Air Quality Management District (EDAQMD) portion of the California State Implementation Plan (SIP). These revisions concern negative declarations for volatile organic compound (VOC) source categories for the EDAQMD. We are approving these negative declarations under the Clean Air Act as amended in 1990 (CAA or the Act).

The Environmental Protection Agency (EPA) is proposing to approve revisions and additions to the Colorado State Implementation Plan (SIP) submitted by the Colorado Department of Public Health and the Environment (CDPHE) to EPA on May 25, 2011. The proposed SIP revision to Colorado Regulation Number 3 and the Common Provisions Regulation addresses the permitting of sources of greenhouse gases (GHGs). Specifically, we propose to approve revisions to Portions of Parts A, B and D of Regulation Number 3 to incorporate the provisions of the Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas Tailoring Rule. The proposed SIP revisions establish emission thresholds for determining which new stationary sources and modifications to existing stationary sources become subject to Colorado's PSD permitting requirements for their GHG emissions. EPA is proposing to approve the May 25, 2011 SIP revision to the Colorado PSD permitting program as being consistent with federal requirements for PSD permitting. EPA also proposes to approve several grammar and punctuation changes to Regulation Number 3 made by the State and included in the May 25, 2011 submittal. EPA is proposing this action under the Clean Air Act (the Act or CAA).

The Environmental Protection Agency has submitted an information collection request (ICR), ``Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium under the Safe Drinking Water Act'' (EPA ICR No. 2067.05, OMB Control No. 2040-0246) 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, 2014. Public comments were previously requested via the Federal Register (78 FR 54643) on September 5, 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 the Graphic Arts Industry (40 CFR part 60, Subpart QQ) (Renewal)'' (EPA ICR No. 0657.11, OMB Control No. 2060-0105), 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 (EPA) is proposing to partially approve the May 9, 2013, State Implementation Plan (SIP) submittal from Idaho to revise the SIP to update the incorporation by reference of Federal air quality regulations into the SIP and make minor edits and clarifications. The EPA is proposing to grant limited approval, as SIP strengthening, to a portion of the submittal that incorporates by reference updates to the Federal nonattainment new source review (nonattainment NSR) requirements that have been recently remanded to the EPA by a court. In addition, the EPA is proposing to partially disapprove Idaho's incorporation by reference of two provisions of the Federal prevention of significant deterioration (PSD) permitting rules that have been recently vacated in a separate decision by a court. Finally, we are proposing to take no action on Idaho's incorporation by reference of another provision of the Federal PSD permitting rules that has been the subject of a court action. Upon final action, the Idaho SIP would incorporate by reference certain Federal regulations as of July 1, 2012.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Texas State Implementation Plan (SIP) for the Houston/Galveston/Brazoria (HGB) 1997 8-Hour ozone nonattainment Area (Area). The HGB Area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. Specifically, we are proposing to approve portions of two revisions to the Texas SIP submitted by the Texas Commission on Environmental Quality (TCEQ) as meeting certain Reasonably Available Control Technology (RACT) requirements for Volatile Organic Compounds (VOC) in the HGB Area. This action is in accordance with section 110 of the federal Clean Air Act (the Act, CAA).

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Texas State Implementation Plan (SIP) for the Dallas/Fort Worth ozone nonattainment area to recategorize a local environmental speed limit control measure to a transportation control measure. The EPA is proposing to approve this SIP revision because it satisfies the requirements of sections 110 and part D of the Clean Air Act (CAA), and EPA's policy and guidance.

EPA is taking three actions pertaining to the infrastructure requirements of the Clean Air Act (CAA or Act) for the State of Tennessee. First, EPA is providing notice of its findings of disapproval for a sub-element of the Tennessee infrastructure state implementation plans (SIPs) for the 2008 Lead National Ambient Air Quality Standards (NAAQS), 1997 Annual Fine Particulate Matter (PM2.5) NAAQS, 2006 24-hour PM2.5 NAAQS and 1997 8-hour ozone NAAQS. Specifically, EPA is providing notice of the disapproval of the previously conditionally-approved portion of the State board and conflict of interest requirements of the infrastructure SIPs for these NAAQS. These disapprovals were triggered automatically on July 23, 2013, when Tennessee failed to submit revisions to address the CAA State board and conflict of interest requirements within the timeframes specified in EPA's conditional approval actions. Second, EPA is proposing to approve the SIP revision submitted by Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) on October 9, 2013, as meeting the applicable requirements of the Act. This SIP revision addresses Tennessee's outstanding obligations related to the CAA State board and conflict of interest requirements. Finally, EPA is proposing to approve the infrastructure SIP sub-element related to the State board and conflict of interest requirements for the 2008 Lead, 1997 annual PM2.5, 2006 24-hour PM2.5, and 1997 8-hour ozone NAAQS. Approval of these infrastructure SIP requirements for the listed NAAQS would result in the disapprovals noticed above for this sub- element being converted to approvals. Final approval of these infrastructure SIP sub-elements, however, is contingent upon final approval of the underlying October 9, 2013, SIP revision to address the CAA requirements also proposed through this action. EPA notes that all other applicable Tennessee infrastructure elements for the 2008 Lead, 1997 annual PM2.5, 2006 24-hour PM2.5, and 1997 8-hour ozone NAAQS have been addressed in separate rulemakings.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Good Neighbor Environmental Board (GNEB) will hold a public teleconference on Friday, January 31, 2014. The meeting will take place from 12 p.m. to 4 p.m. Eastern Standard Time. The meeting is open to the public. For further information regarding the teleconference and background materials, please contact Ann-Marie Gantner at the number listed below.

On September 10, 2013, the Environmental Protection Agency (EPA) published a direct final rule approving portions of three revisions to the Texas State Implementation Plan (SIP) concerning the Texas Federal Operating Permits Program. EPA received timely, adverse comments on the direct final rule and withdrew the direct final rule on November 6, 2013. In our withdrawal of the direct final rule, we indicated we would address the comments received through the proposed rule published on September 10, 2013. Subsequent to our withdrawal of the direct final, EPA received a letter dated December 19, 2013, from the Texas Commission on Environmental Quality stating that the December 17, 1999; October 4, 2001; and August 11, 2003 revisions specific to stringency determinations and minor permit revisions for Federal Operating Permits have been withdrawn from our consideration as revisions to the Texas SIP. Accordingly, EPA is withdrawing the proposed approval and finds that no further action is necessary on the portions of the three SIP revisions specific to stringency determinations and minor permit revisions for the Texas Federal Operating Permits Program. The State's action also withdraws from EPA's review the Federal Operating Permits Program component of the January 22, 2010 Consent Decree between EPA and the BCCA Appeal Group, Texas Association of Business, and Texas Oil and Gas Association. This withdrawal is being taken under section 110 and parts C and D of the Federal Clean Air Act.

The United States EPA (EPA) is withdrawing the proposal for new source performance standards for emissions of carbon dioxide (CO2), which was published on April 13, 2012, for new affected fossil fuel-fired electric utility generating units (EGUs). The EPA received more than 2.5 million comments on that notice and has received new information, which together necessitates substantial changes in the proposed requirements. The changes not only affect determinations of potentially covered sources but could also result in substantial changes in what some sources must do to comply with the standards and could thereby cause them to alter planned facility designs or technological control systems. These changes concern the addition of a determination of the best system of emission reduction for fossil fuel-fired boilers and IGCC units; an alternative compliance option for solid fuel-fired EGUs; the treatment of certain units that had received permits to construct but for which construction had not yet commenced; the limits for natural gas-fired stationary combustion turbines; and the application of CO2 emission fees under the title V operating permit program. These changes are of substantial consequence and are sufficient to merit withdrawal (i.e., rescission) of that notice of proposed rulemaking. At the same time, in a separate notice of proposed rulemaking published in today's Federal Register, the EPA is issuing new proposed requirements for new fossil-fuel-fired electric generating units, which are based on different analyses from the original proposal and would establish requirements that differ significantly from the original proposal.

This regulation establishes an exemption from the requirement of a tolerance for residues of dimethyl esters of glutaric acid (i.e., dimethyl glutarate), succinic acid (i.e., dimethyl succinate), and adipic acid (i.e., dimethyl adipate), herein referred to as DMEGSA, when used as inert ingredients (as solvents/co-solvents) in pesticide formulations applied to growing crops and raw agricultural commodities after harvest. SciReg, Inc., on behalf of Rhodia, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of DMEGSA.

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Missouri to EPA in a letter dated May 4, 2012. The purpose of the SIP revision is to amend Missouri's regulation for the control of Volatile Organic Compounds (VOC) and meet the requirement to adopt reasonably available control technology (RACT) for sources covered by EPA's Control Technique Guidelines (CTG) for Industrial Cleaning Solvents. We are taking final action to approve this revision because it satisfies the applicable requirements of the Clean Air Act (CAA) with respect to RACT for the Missouri portion of the St. Louis Metropolitan 1997 8-hour ozone nonattainment area.

EPA is approving the State of Florida's August 15, 2013, State Implementation Plan (SIP) revision to the State's approved maintenance plans addressing the 1997 8-hour ozone national ambient air quality standards (NAAQS). Florida's revision provides updated modeling and demonstrates that the Southeast Florida, Tampa Bay and Jacksonville areas would continue to maintain the 1997 8-hour ozone NAAQS if the currently applicable Federal Reid Vapor Pressure (RVP) standard for gasoline of 7.8 pounds per square inch (psi) was modified to a less stringent standard of 9.0 psi for Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties (hereafter also referred to as the ``Maintenance Plan Areas'') during the high-ozone season. The State included a technical demonstration with the August 15, 2013, SIP revision demonstrating that the less-stringent RVP in these Areas would not interfere with continued maintenance of the 1997 8-hour ozone NAAQS or any other applicable standard. Approval of the State's August 15, 2013, SIP revision is a prerequisite for EPA's consideration of an amendment to the regulations to remove the Maintenance Plan Areas from the list of areas that are currently subject to the Federal 7.8 psi RVP requirements. EPA has determined that Florida's August 15, 2013, SIP revision with respect to the revised modeling and associated technical demonstration, and with respect to the use of updated models, is consistent with the applicable provisions of the Clean Air Act (CAA or Act). Should EPA decide to remove the subject portions of the Maintenance Plan Areas from those areas subject to the 7.8 psi Federal RVP requirements, such action will occur in a subsequent rulemaking. Also, on November 29, 2012, Florida requested removal of the existing SIP references to the previously-implemented inspection and maintenance programs in the Maintenance Plan Areas. Based upon a noninterference demonstration provided by the State, EPA previously approved revisions to remove the emission reduction credits associated with this program from the SIP. Through this action, EPA is now removing the specific SIP references to the defunct inspection and maintenance program based upon the State's earlier demonstration of noninterference.