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

The Environmental Protection Agency has submitted a new information collection request (ICR), ``Reporting and Recordkeeping for Asbestos Abatement Worker Protection'' (EPA ICR No. 1246.12, OMB Control No. 2070-0072) 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.). Public comments were previously requested via the Federal Register (78 FR 48431) on August 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) is granting direct final approval of revisions submitted by the State of Texas that affect the Texas State Implementation Plan (SIP) concerning Texas' motor vehicle air pollution rules. Based upon the State's submitted Texas clean fuel fleet (TCFF) program equivalency demonstration that the new Tier 2 and 2007 heavy-duty diesel vehicles and engines meet or exceed the LEV requirement, we are approving the removal of the TCFF program's repealed low emission vehicle (LEV) rules and mobile emission reduction credit (MERC) rules from the Texas SIP. We also are approving the removal of the Transportation Control Measures (TCM) substitution repealed rules from the Texas SIP. We are approving as part of the SIP a new Texas Clean Fleet (TCF) program, with submitted revisions, to incentivize replacement of diesel vehicles and engines with alternatively fueled vehicles and engines, including hybrids.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Wisconsin State Implementation Plan (SIP). The SIP revision repeals an obsolete Total Suspended Particulate Matter (TSP) rule to align the State's air quality standards with the current National Ambient Air Quality Standards (NAAQS). This action makes no substantive changes to the SIP and imposes no new requirements.

The U.S. Environmental Protection Agency (EPA) is inviting nominations from a diverse range of qualified candidates to be considered for appointment to fill vacancies on the National Advisory Committee (NAC) and the Governmental Advisory Committee (GAC) to the U.S. Representative to the Commission for Environmental Cooperation (CEC). Vacancies on these two committees are expected to be selected by the spring of 2014. Additional sources may be utilized in the solicitation of nominees.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Approval of State Coastal Nonpoint Pollution Control Programs (CZARA Section 6217)'' 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 69664) on November 20, 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 Santa Barbara County Air Pollution Control District (SBCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from solvent cleaning machines and operations, coating of metal parts and products and polyester resin operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

The Environmental Protection Agency (EPA) is partially approving and partially disapproving a State Implementation Plan (SIP) submitted by the State of Wyoming on January 12, 2011, that addresses regional haze. This SIP was submitted to address the requirements of the Clean Air Act (CAA or ``the Act'') and rules that require states to address in specific ways any existing anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is approving several aspects of Wyoming's regional haze SIP that we had proposed to disapprove in our June 10, 2013 proposed rule in light of public comments and newly available information indicating the adequacy of the SIP with respect to those aspects. EPA is also approving some aspects of the State's SIP that we proposed to approve. EPA is promulgating a Federal Implementation Plan (FIP) to address some of the deficiencies identified in our proposed partial disapproval of Wyoming's regional haze SIP issued on June 10, 2013. EPA is taking this action pursuant to sections 110 and 169A of the CAA.

On or about January 31, 2014, the Office of Air Quality Planning and Standards (OAQPS) will make available for public comment three draft documents prepared as part of the current review of the national ambient air quality standards (NAAQS) for Ozone (O3). Two are draft risk and exposure assessment documents: Health Risk and Exposure Assessment for Ozone, Second External Review Draft and Welfare Risk and Exposure Assessment for Ozone, Second External Review Draft, and the third is the draft policy assessment document: Policy Assessment for the Review of the Ozone National Ambient Air Quality Standards, Second External Review Draft.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Clean Water Act Section 404 State-Assumed Programs (Renewal)'' 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 on the ICR renewal were requested via the Federal Register (78 FR 62629) published on October 22, 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.

This regulation establishes tolerances for residues of indaziflam in or on coffee, banana, and palm oil. Bayer Crop Science requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The EPA Science Advisory Board (SAB) Staff Office requests public nominations of scientific experts to augment the SAB Chemical Assessment Advisory Committee (CAAC) for the review of the EPA's draft Toxicological Review of Benzo[a]pyrene in Support of Summary Information on the Integrated Risk Information System (IRIS).

The Environmental Protection Agency (EPA) is taking final action to approve a state implementation plan (SIP) revision, submitted by the State of Alabama through the Alabama Department of Environmental Management (ADEM), to EPA on November 9, 2012, for the purpose of providing for attainment of the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS) in the Troy 2008 Lead nonattainment area (hereafter referred to as the ``Troy Area'' or ``Area''). The Troy Area is comprised of a portion of Pike County in Alabama surrounding the Sanders Lead Company (hereafter referred to as ``Sanders Lead''). EPA is taking final action to approve Alabama's November 9, 2012 SIP submittal regarding the attainment plan based on Alabama's attainment demonstration for the Troy Area. The attainment plan includes the base year emissions inventory requirements, an analysis of the reasonably available control technology (RACT) and reasonably available control measures (RACM) requirements, reasonable further progress (RFP) plan, modeling demonstration of lead attainment and contingency measures for the Troy Area. This action is being taken in accordance with Clean Air Act (CAA or Act).

On November 22, 2013, EPA provided public notice on the proposed issuance of a National Pollutant Discharge Elimination System (NPDES) General Permit for Oil and Gas Geotechnical Surveys and Related Activities in Federal Waters of the Beaufort and Chukchi Seas (Permit No. AKG-28-4300), and established a comment deadline of January 27, 2014, (78 FR 70042). On January 15, 2014, the Alaska Eskimo Whaling Commission requested a 30-day extension to the comment period. In response to that request, EPA is extending the comment period for an additional 23 days, from January 27, 2014 to February 19, 2014.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut. The regulations adopted by Connecticut include the California Low Emission Vehicle (LEV) II light-duty motor vehicle emission standards effective in model year 2008, the California LEV II medium-duty vehicle standards effective in model year 2009, and greenhouse gas emission standards for light-duty motor vehicles and medium-duty vehicles effective with model year 2009. The Connecticut LEV regulation submitted also includes a zero emission vehicle (ZEV) provision, as well as emission control label and environmental performance label requirements. Connecticut has adopted these revisions to reduce emissions of volatile organic compounds (VOC) and nitrogen oxides (NOX) in accordance with the requirements of the Clean Air Act (CAA), as well as to reduce greenhouse gases (carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons). In addition, Connecticut has worked to ensure that their program is identical to California's, as required by the CAA. The intended effect of this action is to propose approval of the Connecticut LEV II program. In addition, EPA is proposing to approve the removal of the definition and regulation of ``composite motor vehicles'' from the Connecticut's SIP- approved vehicle inspection and maintenance program. These actions are being taken under the CAA.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Kansas State Implementation Plan (SIP) and Operating Permits Program. EPA is approving a revision to the Kansas rule entitled ``Annual Emissions Fee.'' These revisions align the State's reporting requirements with the Federal Air Emissions Reporting Requirements Rule (AERR).

This notice provides the names, addresses, professional affiliations, and selected biographical data of persons recently nominated to serve on the Scientific Advisory Panel (SAP) established under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Agency, at this time, anticipates selecting two new FIFRA SAP members to serve, as a result of membership terms that expire in 2014. Public comments on the current nominations are invited. These comments will be used to assist the Agency in selecting the new FIFRA SAP members.

The Environmental Protection Agency (EPA) is proposing to approve the State of West Virginia's requests to redesignate to attainment the Charleston nonattainment area for the 1997 annual and the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). EPA is also proposing to determine that the Charleston Area continues to attain both the1997 annual and the 2006 24-hour PM2.5 NAAQS. In addition, EPA is proposing to approve as a revision to the West Virginia state implementation plan (SIP), the associated maintenance plans to show maintenance of the 1997 annual and the 2006 24-hour PM2.5 NAAQS through 2025 for the Charleston Area. As part of the maintenance plan, EPA is proposing to approve a 2008 emissions inventory for the Charleston Area for the 2006 24-hour PM2.5 NAAQS. EPA is proposing that the 2008 emissions inventory for volatile organic compounds (VOCs) and ammonia (NH3), in conjunction with inventories for nitrogen oxides (NOx), direct PM2.5, and sulfur dioxide (SO2) meet the comprehensive emissions inventory requirement of the Clean Air Act (CAA) for the 2006 24-hour PM2.5 NAAQS. West Virginia's maintenance plans include insignificance findings for the mobile source contribution of PM2.5 and NOx emissions for the Charleston Area for both the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA agrees with these insignificance findings, and is proposing approval of such findings for transportation conformity purposes. In this rulemaking action, EPA also addresses the effects of two decisions of the United States Court of Appeals for the District of Columbia (DC Circuit Court): The DC Circuit Court's August 21, 2012 decision to vacate and remand the Cross-State Air Pollution Control (CSAPR); and the DC Circuit Court's January 4, 2013 decision to remand to EPA two rules implementing the 1997 annual PM2.5 NAAQS. This rulemaking action to propose approval of the 1997 annual and the 2006 24-hour PM2.5 NAAQS redesignation requests and associated maintenance plans for the Charleston Area is based on EPA's determination that the Area has met the criteria for redesignation to attainment specified in the CAA for both the 1997 annual and the 2006 24-hour PM2.5 NAAQS.

The Toxic Substances Control Act (TSCA) Interagency Testing Committee (ITC) transmitted its 73rd ITC Report to the EPA Administrator on December 31, 2013. In the 73rd ITC Report, which is included with this notice, the ITC is revising the Priority Testing List by removing five High Production Volume (HPV) Challenge Program orphan chemicals because they were included in a HPV Challenge Program submission or did not meet the = 1 million lb criterion for the HPV Challenge Program.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``National Volatile Organic Compound Emission Standards for Consumer Products, CFR 40 Part 59, Subpart C (Renewal),'' (EPA ICR Number 1764.06, OMB Control number 2060-0348) 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 April 30, 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.

The Environmental Protection Agency (EPA) published a final rule in the Federal Register on November 29, 2013. The final rule amended the Greenhouse Gas Reporting Rule to implement technical corrections, clarifying revisions, and other amendments to improve the quality and consistency of the data collected by the EPA, including amendments to the Reporting Rule's table of global warming potentials to revise the values for certain greenhouse gases. An error in the regulatory text is identified and corrected in this action.

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. The registrants submitting voluntary requests for cancellation are Sergeant's Pet Care Products, Inc. (Sergeant's) and Wellmark International (Wellmark). Regarding Sergeant's, EPA intends to grant this request 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 request, or unless the registrant withdraws its request. The cancellations for the Sergeant's propoxur products will not become effective before April 1, 2015, as described in Unit II. of this document. Regarding Wellmark, EPA intends to grant this request, if appropriate, according to the terms of the request, unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws its request. If EPA grants Wellmark's voluntary request for cancellation, the cancellations for the Wellmark propoxur products will not become effective before April 1, 2015, as described in Unit II. of this document. Regarding both Sergeant's and Wellmark, if these cancellation requests are granted, the Agency will issue cancellation orders that will prescribe conditions pertaining to the sale, distribution, and use of existing stocks of cancelled products, as discussed in Unit V. of this document. For more information regarding the specific details of these voluntary cancellation requests, please see the registrants' requests, available in docket number EPA-HQ-OPP-2009-0207.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by 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. The State of West Virginia has made a submittal addressing the infrastructure requirements for the 2010 nitrogen dioxide NAAQS.