Environmental Protection Agency February 12, 2014 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to conditionally approve revisions to the Texas New Source Review (NSR) State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) \1\ and its predecessor, the Texas Natural Resource Conservation Commission (TNRCC), on November 29, 1994; March 13, 1996; July 22, 1998; October 25, 1999; September 11, 2000; April 12, 2001; July 31, 2002, September 4, 2002; October 4, 2002; September 25, 2003; July 2, 2010; October 5, 2010; and October 21, 2013. These revisions to the Texas SIP establish the Flexible Permit Program. The flexible permit program is a minor NSR permit program which functions as an alternative to the traditional preconstruction permit program that is authorized in Title 30 of the Texas Administrative Code (30 TAC) Chapter 116, Subchapter B. The flexible permit program is intended to eliminate the need for owners or operators of participating facilities to submit an amendment application each time certain types of operational or physical changes are made at a permitted facility. EPA is proposing to conditionally approve the Flexible Permit Program as initially submitted in November 1994 and amended through the October 21, 2013, as consistent with federal requirements for minor NSR programs. Final approval of the Texas Flexible Permit Program is contingent upon TCEQ adopting and submitting to EPA an approvable SIP revision addressing the commitments made by the TCEQ in its October 21, 2013, Flexible Permits Commitment Letter. EPA is proposing this action under Section 110 and part C of the Clean Air Act (CAA or the Act).

EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 35 chemical substances which were the subject of premanufacture notices (PMNs). Fourteen of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture (including import) or process any of these 35 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

In accordance with section 122 (h)(l) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9622(h)(l), notice is hereby given of the proposed Administrative Settlement Agreement for Removal Action by Bona Fide Prospective Purchaser at the Moline Street PCB Site located in Aurora, Adams County, Colorado (Site). The proposed Settlement Agreement is with Hi-Tec Plastics, Incorporated (hereinafter referred to as ``Purchaser'').The Settlement Agreement requires the Purchaser to perform a portion of the removal action at the property located at 3555 Moline Street, Aurora, Colorado 80010. The remainder of the removal action selected will be performed by the Dow Chemical Company and is addressed in a separate administrative order on consent. The Settlement Agreement includes an EPA covenant not to sue the Purchaser pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a) for existing contamination at the Site. For thirty (30) days following the publication of this notice, the United States will receive written comments relating to the Settlement Agreement. The United States will consider all comments received and may modify or withdraw its consent to the Settlement Agreement if comments received disclose facts or considerations which indicate that the Settlement Agreement is inappropriate, improper or inadequate. The United States' response to any comments received will be available for public inspection at the EPA Region 8 Records Center located at 1595 Wynkoop Street, Denver, Colorado 80202-1129, during normal business hours.

This regulation establishes an exemption from the requirement of a tolerance for residues of the plant-incorporated protectant (PIP), Bacillus thuringiensis Cry1F protein, in or on the food commodity soybean. Dow AgroSciences LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus thuringiensis Cry1F protein in soybean under the FFDCA.