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

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Agency Information Collection Activities OMB Responses
Document Number: 2014-03335
Type: Notice
Date: 2014-02-18
Agency: Environmental Protection Agency
This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). 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 OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
Environmental Impact Statements; Notice of Availability
Document Number: 2014-03317
Type: Notice
Date: 2014-02-18
Agency: Environmental Protection Agency
Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Redesignation of the Milwaukee-Racine 2006 24-Hour Fine Particle Nonattainment Area to Attainment
Document Number: 2014-03314
Type: Proposed Rule
Date: 2014-02-18
Agency: Environmental Protection Agency
On June 8, 2012, the State of Wisconsin, through the Wisconsin Department of Natural Resources (WDNR) submitted a request for the Environmental Protection Agency (EPA) to redesignate the Milwaukee- Racine fine particle (PM2.5) nonattainment area (``Milwaukee-Racine Area'' or ``Area'') to attainment for the 2006 24- hour PM2.5 National Ambient Air Quality Standard (NAAQS), and to approve a state implementation plan (SIP) revision containing a maintenance plan for the Area. The Milwaukee-Racine Area is comprised of Milwaukee, Racine and Waukesha Counties. EPA is proposing to grant the state's request to redesignate the Area to attainment for the 2006 24-hour PM2.5 NAAQS. EPA's proposed approval involves several additional related actions. EPA is proposing to approve the state's plan for maintaining the 2006 24-hour PM2.5 NAAQS through 2025. EPA is proposing to approve the ammonia, volatile organic compounds (VOC), nitrogen oxides (NOX), direct PM2.5, and sulfur dioxide (SO2) inventories submitted by the state as meeting the comprehensive emissions inventory requirement of the Clean Air Act (CAA). Finally, EPA finds adequate and is proposing to approve Wisconsin's NOX, direct PM2.5, SO2, and VOC motor vehicle emission budgets (MVEBs) for 2020 and 2025 for the Milwaukee Area. EPA is also addressing a number of additional issues, including the effects of two decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit or Court): The Court's August 21, 2012, decision to vacate and remand to EPA the Cross-State Air Pollution Rule (CSAPR); and the Court's January 4, 2013, decision to remand two final rules implementing the 1997 annual PM2.5 standard.
Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze and Interstate Visibility Transport Federal Implementation Plan
Document Number: 2014-02714
Type: Proposed Rule
Date: 2014-02-18
Agency: Environmental Protection Agency
This proposed Federal Implementation Plan (FIP) addresses the requirements of the Regional Haze Rule (RHR) and interstate visibility transport for the disapproved portions of Arizona's Regional Haze (RH) State Implementation Plan (SIP) as described in our final rule published on July 30, 2013. Our final rule on Arizona's RH SIP partially approved and partially disapproved the State's plan to implement the regional haze program for the first planning period. Today's proposed rule addresses the RHR's requirements for Best Available Retrofit Technology (BART), Reasonable Progress Goals (RPGs) and Long-term Strategy (LTS) as well as the interstate visibility transport requirements for pollutants that affect visibility in Arizona's 12 Class I areas as well as areas in nearby states. The BART sources addressed in this proposed FIP are Tucson Electric Power (TEP) Sundt Generating Station Unit 4, Lhoist Nelson Lime Plant Kilns 1 and 2, ASARCO Incorporated Hayden Smelter, and Freeport-McMoran Inc. (FMMI) Miami Smelter. The sources with proposed controls for reasonable progress are the Phoenix Cement Clarkdale Plant and the CalPortland Cement Rillito Plant.
Approval and Promulgation of Implementation Plans; Kentucky; Stage II Requirements for the Hertz Corporation Facility at Cincinnati/Northern Kentucky International Airport in Boone County
Document Number: 2014-03328
Type: Proposed Rule
Date: 2014-02-14
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing 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 January 17, 2014, for the purpose of exempting a Hertz Corporation facility from the Clean Air Act (CAA or Act) Stage II vapor control requirements. The subject Hertz Corporation facility is currently being constructed at the Cincinnati/Northern Kentucky International Airport in Boone County, Kentucky. EPA's proposed approval of this revision to Kentucky's SIP is based on rationale contained in 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 proposed pursuant to the CAA.
Proposed Information Collection Request; Comment Request; Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Renewal)
Document Number: 2014-03326
Type: Notice
Date: 2014-02-14
Agency: Environmental Protection Agency
The Environmental Protection Agency published in the Federal Register of February 6, 2013, a notice for comment request for the renewal of the Information Collection Request for the Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone. The notice referenced the incorrect Docket ID Number. This notice provides the correct Docket ID Number.
Approval and Promulgation of Implementation Plans; Texas; Revisions for Permitting of Particulate Matter With Diameters Less Than or Equal to 2.5 Micrometers (PM2.5
Document Number: 2014-03322
Type: Proposed Rule
Date: 2014-02-14
Agency: Environmental Protection Agency
The EPA is proposing to approve revisions to the Texas State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) on May 19, 2011. The May 19, 2011, SIP submission adopts revisions to the Texas General Air Quality Definitions and Permits by Rule (PBR) program consistent with certain federal rules implementing the 1997 and 2006 PM2.5 National Ambient Air Quality Standard (NAAQS). EPA is also proposing to find that the Texas Prevention of Significant Deterioration (PSD) New Source Review (NSR) SIP meets all EPA PM2.5 PSD SIP rules. These rules include permitting components such as the PM2.5 precursors of sulfur dioxide and nitrogen oxides, condensables, significant emissions rates (SER), and increment. EPA is proposing these actions under section 110 and part C of the Clean Air Act (CAA or the Act).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Minor New Source Review
Document Number: 2014-03289
Type: Proposed Rule
Date: 2014-02-14
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted on July 20, 2009 by the State of West Virginia. The proposed revision will expedite the processing of certain preconstruction permits issued under West Virginia's minor New Source Review (NSR) Program. Notably, the revision will allow, in certain circumstances, construction prior to obtaining a permit, and will allow equipment and materials to be delivered and stored onsite prior to permit issuance. This action is being taken under the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State Implementation Plan (SIP); Standard Permit for Oil and Gas Facilities and Standard Permit Applicability
Document Number: 2014-03173
Type: Rule
Date: 2014-02-14
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving the revisions to the Texas New Source Review (NSR) State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) on September 20, 1995; April 19, 1996; July 22, 1998; and September 11, 2000. These revisions to the Texas SIP establish the Standard Permit for Installation and/or Modification of Oil and Gas Facilities. EPA is also approving non-substantive revisions to the Texas Standard Permit SIP rules relating to applicability, submitted on February 1, 2006, and March 11, 2011. EPA is taking these actions in accordance with section 110 of the Clean Air Act (CAA).
Hazardous Waste Management and the Retail Sector: Providing and Seeking Information on Practices To Enhance Effectiveness to the Resource Conservation and Recovery Act Program
Document Number: 2014-02930
Type: Proposed Rule
Date: 2014-02-14
Agency: Environmental Protection Agency
This Notice of Data Availability (NODA) announces and invites comment on information assembled by the Environmental Protection Agency (EPA or the Agency), and solicits additional information regarding the hazardous waste management practices of establishments in the retail sector (e.g., stores). The NODA also invites comment on specific issues and suggested questions that the retail industry has raised about challenges they face in complying with the Resource Conservation and Recovery Act (RCRA) hazardous waste policies, guidances and regulations. This NODA meets the Agency's commitment to solicit public comment on issues associated with the retail sector under Executive Order 13563: Improving Regulation and Regulatory Review to make regulatory programs more effective or less burdensome in achieving regulatory objectives.
Availability of Guidance Documents; Permit Appeals; Citizens' Guide to the Environmental Appeals Board; Superfund Program; Consent Agreements
Document Number: 2014-02693
Type: Notice
Date: 2014-02-14
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is announcing the availability of four revised guidance documents: A Citizens' Guide to EPA's Environmental Appeals Board; The Environmental Appeals Board Practice Manual; Revised Guidance on Procedures for Submission and Review of CERCLA Section 106(b) Reimbursement Petitions; and Environmental Appeals Board Consent Agreement and Final Order Procedures. EPA's Environmental Appeals Board is the final decision maker on administrative appeals under all major environmental statutes the EPA administers. The EPA issued these guidance documents to provide guidance to citizens and practitioners on procedures and practice before the Board. The EPA revised the first two documents to reflect amendments to an EPA rule governing the Agency's permit appeal procedures, which EPA published in the Federal Register on January 25, 2013, and which became effective on March 26, 2013. The EPA revised the third document in February 2012 to streamline the procedures to petition for reimbursement of response costs under section 106(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The EPA has removed the fourth document as an appendix to the Board's Practice Manual, and it now is available as a freestanding document with minor revisions to make it easier for stakeholders to locate it.
Notification of a Public Meeting of the Clean Air Scientific Advisory Committee (CASAC) Oxides of Nitrogen Primary NAAQS Review Panel
Document Number: 2014-03180
Type: Notice
Date: 2014-02-13
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee (CASAC) Oxides of Nitrogen Primary National Ambient Air Quality Standards (NAAQS) Review Panel to peer review EPA's Integrated Science Assessment (ISA) for Oxides of NitrogenHealth Criteria (External Review Draft November 2013) and Integrated Review Plan for the Primary National Ambient Air Quality Standards for Nitrogen Dioxide (External Review Draft).
Cross-Media Electronic Reporting: Authorized Program Revision Approval, City of Grand Rapids, Michigan
Document Number: 2014-03178
Type: Notice
Date: 2014-02-13
Agency: Environmental Protection Agency
This notice announces the Environmental Protection Agency's (EPA) approval of the City of Grand Rapids' request to revise its General Pretreatment Regulations for Existing and New Sources of Pollution EPA-authorized program to allow electronic reporting.
Toxic Substances Control Act Chemical Testing; Receipt of Test Data
Document Number: 2014-03171
Type: Notice
Date: 2014-02-13
Agency: Environmental Protection Agency
EPA is announcing its receipt of test data submitted pursuant to a test rule issued by EPA under section 4 of the Toxic Substances Control Act (TSCA). This document identifies each chemical substance or mixture for which test data have been received; lists uses or intended uses of such chemical substance or mixture; and describes the nature of the test data received. This is part of EPA's commitment to strengthen its chemicals management programs by improving access to and the usefulness of chemical information. The goal is for people to easily get information to make safe chemical choices.
Notice of Workshop in Support of the Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Sulfur
Document Number: 2014-03116
Type: Proposed Rule
Date: 2014-02-13
Agency: Environmental Protection Agency
EPA is announcing a ``Workshop to Discuss Policy-Relevant Science to Inform EPA's Review of the Secondary National Ambient Air Quality Standards (NAAQS) for Oxides of Nitrogen and Sulfur.'' This workshop is being organized by EPA's Office of Research and Development's, National Center for Environmental Assessment (NCEA) and the Office of Air and Radiation's, Office of Air Quality Planning and Standards (OAQPS). The workshop will be held March 4-6, 2014, in Research Triangle Park, North Carolina, and it will be open to attendance by interested public observers on a first-come, first-served basis up to the limits of available space.
Approval and Promulgation of Air Quality Implementation Plans; Colorado; Construction Permit Program Fee Increases; Construction Permit Regulation of PM2.5
Document Number: 2014-03114
Type: Rule
Date: 2014-02-13
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving two State Implementation Plan (SIP) revision packages submitted by the State of Colorado on June 18, 2009 and May 25, 2011. EPA approves the June 18, 2009 submittal revisions, which supersede revisions submitted on June 11, 2008, to Regulation 3, Part A, Section VI.D.1., regarding construction permit processing fees. EPA approves Colorado's May 25, 2011 submittal, which addresses regulation of fine particulate matter (PM2.5) under Colorado's construction permit program. EPA also approves minor editorial changes to Regulation 3, Parts A, B, and D in the May 25, 2011 submittal. This action is being taken under section 110 of the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans: Alabama: Error Correction and Disapproval of Revisions to the Visible Emissions Rule
Document Number: 2014-02938
Type: Proposed Rule
Date: 2014-02-13
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to correct, pursuant to the Clean Air Act (CAA or Act), its erroneous approval of revisions to Alabama's State Implementation Plan (SIP) that amended the visible emissions rule applicable to certain stationary sources. The State of Alabama, through the Alabama Department of Environmental Management (ADEM), submitted the SIP revisions in question to EPA on September 11, 2003, and August 22, 2008. EPA took final action approving these SIP revisions on October 15, 2008. EPA is now reconsidering its previous approval and is proposing to determine that EPA's October 2008 approval of these SIP revisions was in error. Consequently, EPA is also proposing to disapprove the aforementioned SIP revisions.
Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review State Implementation Plan; Flexible Permit Program
Document Number: 2014-03119
Type: Proposed Rule
Date: 2014-02-12
Agency: Environmental Protection Agency
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).
Notice of Intent To Suspend Certain Pesticide Registrations
Document Number: 2014-03118
Type: Notice
Date: 2014-02-12
Agency: Environmental Protection Agency
This notice, pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), publishes 4 Notices of Intent to Suspend certain pesticide registrations issued by EPA. Each Notice of Intent to Suspend was issued following the Agency's issuance of a Data Call-In Notice (DCI), which required the registrants of the affected pesticide products containing a certain pesticide active ingredient to take appropriate steps to secure certain data, and following the registrants' failure to submit these data or to take other appropriate steps to secure the required data. The subject data were determined to be required to maintain in effect the existing registrations of the affected products. Failure to comply with the data requirements of a DCI is a basis for suspension of the affected registrations under FIFRA.
Significant New Use Rules on Certain Chemical Substances
Document Number: 2014-03079
Type: Rule
Date: 2014-02-12
Agency: Environmental Protection Agency
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.
Linuron; Pesticide Tolerances
Document Number: 2014-03077
Type: Rule
Date: 2014-02-12
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of linuron in or on multiple commodities which are identified and discussed later in this document. This regulation additionally removes a tolerance with regional registrations in or on parsley leaves, as it will be superseded by a tolerance without regional registrations. IR-4 requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Proposed CERCLA Administrative Settlement Agreement for a Bona Fide Prospective Purchaser at the Moline Street PCB Site Located in Aurora, Adams County, Colorado
Document Number: 2014-03076
Type: Notice
Date: 2014-02-12
Agency: Environmental Protection Agency
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.
Thiram; Pesticide Tolerances
Document Number: 2014-03074
Type: Rule
Date: 2014-02-12
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of thiram in or on strawberry. Taminco, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Bacillus thuringiensis Cry1F Protein in Soybean; Exemption From the Requirement of a Tolerance
Document Number: 2014-02932
Type: Rule
Date: 2014-02-12
Agency: Environmental Protection Agency
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.
Notice of Availability of EPA Documents Regarding Implementation of the Safe Drinking Water Act's Underground Injection Control Program Existing Requirements for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels
Document Number: 2014-02929
Type: Notice
Date: 2014-02-12
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is releasing an interpretive memorandum and technical recommendations for implementing the Underground Injection Control (UIC) Program Class II requirements under the Safe Drinking Water Act, as amended by the Energy Policy Act in 2005, for oil and gas hydraulic fracturing (HF) activities using diesel fuels. The EPA is providing these documents to alleviate uncertainty regarding the applicability of UIC Class II permitting requirements and the agency's interpretation of the term ``diesel fuels'' in the statute. A key component of our nation's energy future is the safe, responsible development of oil and gas resources. If produced responsibly, expanded use of natural gas in lieu of other fossil fuels has the potential to improve air quality, stabilize energy prices, and provide greater certainty about future energy reserves.
Fenpropidin; Pesticide Tolerances
Document Number: 2014-02936
Type: Rule
Date: 2014-02-11
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of fenpropidin in or on banana. Syngenta, Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Approval and Promulgation of Air Quality Implementation Plans; South Dakota; Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revisions
Document Number: 2014-02931
Type: Proposed Rule
Date: 2014-02-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove revisions to the South Dakota State Implementation Plan (SIP) submitted by the South Dakota Department of Environment and Natural Resources (DENR) to EPA on June 20, 2011. The proposed SIP revisions address the permitting of sources of greenhouse gases (GHGs). Specifically, we propose to approve revisions to the State's Prevention of Significant Deterioration (PSD) program to incorporate the provisions of the federal PSD and Title V Greenhouse Gas Tailoring Rule (Tailoring Rule). The proposed SIP revisions incorporate by reference the federal Tailoring Rule's emission thresholds for determining which new stationary sources and modifications to existing stationary sources become subject to South Dakota's PSD permitting requirements for their GHG emissions. EPA is proposing to disapprove a related provision that would rescind the State's Tailoring Rule revision in certain circumstances. EPA will take separate action on an amendment to the chapter Construction Permits for New Sources or Modifications in the June 20, 2011 submittal, regarding permits for minor sources. EPA is proposing this action under section 110 and part C of the Clean Air Act (the Act or CAA).
Approval and Promulgation of Air Quality Implementation Plan; State of Colorado Second Ten-Year PM10
Document Number: 2014-02841
Type: Rule
Date: 2014-02-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action approving State Implementation Plan (SIP) revisions submitted by the State of Colorado. On March 31, 2010, the designee of the Governor of Colorado submitted to EPA a revised maintenance plan for the Telluride area for the 24-hour National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM10), and the SIP was adopted on November 19, 2009. As required by Clean Air Act (CAA) section 175A, this revised maintenance plan addresses maintenance of the PM10 standard for a second 10-year period beyond the area's original redesignation to attainment for the PM10 NAAQS. In addition, EPA is taking final action approving the revised maintenance plan's 2021 transportation conformity motor vehicle emissions budget for PM10. Also, we are taking final action to exclude exceedances of the PM10 NAAQS that were recorded at the Telluride PM10 monitor on April 5, 2010 and April 16, 2013, from use in determining whether or not Telluride continues to attain the PM10 NAAQS, because they meet the criteria for exceptional events caused by high wind natural events. This action is being taken under sections 110 and 175A of the CAA.
Approval and Promulgation of Air Quality Implementation Plans; New York State; Redesignation of Areas for 1997 Annual and 2006 24-Hour Fine Particulate Matter and Approval of the Associated Maintenance Plan
Document Number: 2014-02478
Type: Proposed Rule
Date: 2014-02-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a redesignation request and State Implementation Plan (SIP) revision submitted by the New York State Department of Environmental Conservation (NYSDEC). NYSDEC is requesting that EPA redesignate ten counties in the New York State portion of the New York-N.New Jersey- Long Island, NY-NJ-CT nonattainment area from nonattainment to attainment for the 1997 annual and the 2006 24-hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS). Included with its redesignation request, New York submitted a State Implementation Plan (SIP) revision containing a maintenance plan that provides for continued compliance of the 1997 annual and 2006 24-hour PM2.5 NAAQS. The maintenance plan includes the 2007 attainment year emissions inventory that EPA is proposing to approve in this rulemaking in accordance with the requirements of the Clean Air Act (CAA). EPA had previously determined that the New York portion of the New York-N.New Jersey-Long Island, NY-NJ-CT nonattainment area has attained the 1997 annual and 2006 24-hour PM2.5 NAAQS. Additionally, EPA is proposing to approve the 2009, 2017, and 2025 motor vehicle emissions budgets for PM2.5 and Nitrogen Oxides (NOX).
Proposed Significant New Use Rule on Certain Chemical Substances
Document Number: 2014-02846
Type: Proposed Rule
Date: 2014-02-10
Agency: Environmental Protection Agency
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances which were the subject of premanufacture notices (PMNs). This action would require persons who intend to manufacture (including import) or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.
Inquiry To Learn Whether Businesses Assert Business
Document Number: 2014-02832
Type: Notice
Date: 2014-02-10
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) receives from time to time Freedom of Information Act (FOIA) requests for documentation received or issued by EPA or data contained in EPA database systems pertaining to the export and import of Resource Conservation and Recovery Act (RCRA) hazardous waste from/to the United States, the export of cathode ray tubes (CRTs) and spent lead acid batteries (SLABs) from the United States, and the export and import of RCRA universal waste from/to the United States. These documents and data may identify or reference multiple parties, and describe transactions involving the movement of specified materials in which the parties propose to participate or have participated. The purpose of this notice is to inform ``affected businesses'' about the documents or data sought by these types of FOIA requests in order to provide the businesses with the opportunity to assert claims that any of the information sought that pertains to them is entitled to treatment as confidential business information (CBI), and to send comments to EPA supporting their claims for such treatment. Certain businesses, however, do not meet the definition of ``affected business,'' and are not covered by today's notice. They consist of any business that actually submitted to EPA any document at issue pursuant to applicable RCRA regulatory requirements and did not assert a CBI claim as to information that pertains to that business in connection with the document at the time of its submission; they have waived their right to do so at a later time. Nevertheless, other businesses identified or referenced in the documents that were submitted to EPA by the submitting business may have a right to assert a CBI claim concerning information that pertains to them and may do so in response to this notice.
Approval of Air Quality Implementation Plans; Indiana; Ohio; “Infrastructure” SIP State Board Requirements for the 2006 24-Hour PM2.5
Document Number: 2014-02701
Type: Proposed Rule
Date: 2014-02-07
Agency: Environmental Protection Agency
Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve elements of state implementation plan (SIP) submissions by the Indiana Department of Environmental Management (IDEM) and the Ohio Environmental Protection Agency (Ohio EPA) to address the section 110 requirements of the CAA for the 2006 24-hour fine particle national ambient air quality standards (2006 PM2.5 NAAQS). The SIPs under section 110 of the CAA are often referred to as the ``infrastructure'' SIP, and specifically we are proposing approval of portions of these states' submissions intended to meet the state board requirements of section 110. This section requires states to comply with the applicable state board requirements found in section 128 of the CAA.
Notice of Proposed Prospective Purchaser Agreement Modification, Kansas City Structural Steel Superfund Site, Kansas City, Kansas
Document Number: 2014-02697
Type: Notice
Date: 2014-02-07
Agency: Environmental Protection Agency
Notice is hereby given that a proposed prospective purchaser agreement modification (``PPA Modification'') associated with the Kansas City Structural Steel Superfund Site in Kansas City, Kansas was executed by the Environmental Protection Agency (``EPA'') and the Department of Justice and is now subject to public comment, after which the United States may modify or withdraw its consent if comments received disclose facts or considerations which indicate that the PPA Modification is inappropriate, improper, or inadequate. The PPA Modification would replace the form of institutional controls (``ICs'') on the Site from a 1995 deed declaration to enrollment in the Kansas Environmental Use Controls (``EUC'') Program. The modification is associated with a proposed transfer of the property to a redeveloper to build a grocery and retail center on the Site. EPA will consider all comments and may modify or withdraw its consent to the PPA Modification if comments received disclose facts or considerations which indicate that the PPA Modification is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at the EPA Region 7 office located at 11201 Renner Boulevard, Lenexa, Kansas 66219.
D-mannose; Exemption From the Requirement of a Tolerance
Document Number: 2014-02694
Type: Rule
Date: 2014-02-07
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of D-mannose (CAS Reg. No. 3458-28-4) when used as an inert ingredient (sequestrant, binder, or filler) in pesticide formulations applied pre-harvest to growing crops. ISK Biosciences 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-mannose.
Environmental Impact Statements; Notice of Availability
Document Number: 2014-02692
Type: Notice
Date: 2014-02-07
Agency: Environmental Protection Agency
Chlorantraniliprole; Pesticide Tolerances
Document Number: 2014-02568
Type: Rule
Date: 2014-02-07
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of the insecticide chlorantraniliprole in or on multiple commodities which are identified and discussed later in this document. In addition, this regulation revises existing tolerances in or on papaya, passionfruit, and spice subgroup 19B, and removes several previously established tolerances that will be superseded by tolerances established by this action. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Request for Public Engagement in the Interagency Special Report on the Impacts of Climate Change on Human Health in the United States
Document Number: 2014-02304
Type: Proposed Rule
Date: 2014-02-07
Agency: Environmental Protection Agency
As part of the President's Climate Action Plan and ongoing efforts within the US Global Change Research Program (USGCRP), the Interagency Crosscutting Group on Climate Change and Human Health (CCHHG) and a subset of the Interagency National Climate Assessment Working Group (INCA) have initiated an interagency Special Report on the impacts of observed and projected climate change on human health in the United States. This data-driven technical synthesis and assessment will be an interagency product of the USGCRP organized by the CCHHG. This request for public engagement presents opportunities to submit comments on the Draft Report Prospectus, scientific information to inform the assessment, and nominations for contributing authors, and announces a Public Forum to Inform the Interagency Special Report on the Impacts of Climate Change on Human Health in the United States.
Hazardous Waste Management System; Modification of the Hazardous Waste Manifest System; Electronic Manifests
Document Number: 2014-01352
Type: Rule
Date: 2014-02-07
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or the Agency) is establishing new requirements that will authorize the use of electronic manifests (or e-Manifests) as a means to track off-site shipments of hazardous waste from a generator's site to the site of the receipt and disposition of the hazardous waste. This final rule also implements certain provisions of the Hazardous Waste Electronic Manifest Establishment Act, Public Law 112-195, which directs EPA to establish a national electronic manifest system (or e-Manifest system), and to impose reasonable user service fees as a means to fund the development and operation of the e-Manifest system. The requirements announced here clarify explicitly that electronic manifest documents obtained from the Agency's national e-Manifest system and completed in accordance with today's regulation, are the legal equivalent of the paper manifest forms (EPA Forms 8700-22 and 8700-22A) that are currently authorized for use in tracking hazardous waste shipments. Upon completion of the e-Manifest system, the electronic manifest documents authorized by this final regulation will be available to manifest users as an alternative to the paper manifest forms, to comply with federal and state requirements respecting the use of the hazardous waste manifest. Users who elect to opt out of the electronic submittal to the e-Manifest system may continue to use the paper manifest to track their shipments during transportation, which then will be submitted by the designated facility for inclusion in the e-Manifest system. EPA recognizes that there will be a period of transition to electronic submittals and the Agency will, as we implement e-Manifest, assess what measures might be effective to expedite the transition from paper manifests to electronic manifests. This final regulation further clarifies those electronic signature methods that the Agency recommends for executing electronic manifests in the first generation of the national e-Manifest system. This regulation also specifies how issues of public access to manifest information will be addressed when manifest data are submitted and processed electronically. Finally, this regulation announces, consistent with the mandate of the Hazardous Waste Electronic Manifest Establishment Act, that the final electronic manifest requirements promulgated today will be implemented in all states on the same effective date for the national e-Manifest system. Authorized states must adopt program revisions equivalent to and consistent with today's federal requirements, but EPA will implement these electronic manifest regulations unless and until the states are fully authorized to implement them in lieu of EPA.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Test Methods; Error Correction
Document Number: 2014-01319
Type: Proposed Rule
Date: 2014-02-07
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to determine that an October 26, 2010, action was in error and to make a correction pursuant to section 110(k)(6) of the Clean Air Act (CAA). The correction will bring the codification section of the October 26, 2010, action into accord with the actual substance of the rulemaking action. The October 26, 2010, final rule approved various revisions to Ohio regulations that consolidated air quality standards in a new chapter of rules and adjusted the rule cross references accordingly in various related Ohio rules, including a specific revision to the cross reference in the Ohio Administrative Code (OAC) pertaining to methods for measurements for comparison with the particulate matter air quality standards. The correction will remove the appearance that EPA approved extraneous portions of this rule in the OAC. EPA is not re-opening the comment period on the October 26, 2010, action.
Nonroad Technical Amendments
Document Number: 2014-02612
Type: Rule
Date: 2014-02-06
Agency: Environmental Protection Agency
EPA is adopting amendments to the technical hardship provisions under the Transition Program for Equipment Manufacturers related to the Tier 4 standards for nonroad diesel engines, and to the replacement engine exemption generally applicable to new nonroad engines. These provisions may have minor impacts on the costs and emission reductions of the underlying regulatory programs amended in this action, though in most cases these are simple technical amendments. For those provisions that may have a minor impact on the costs or benefits of the amended regulatory program, any potential impacts would be small and we have not attempted to quantify the potential changes.
Approval and Promulgation of Implementation Plans; Washington: Kent, Seattle, and Tacoma Second 10-Year PM10
Document Number: 2014-02609
Type: Proposed Rule
Date: 2014-02-06
Agency: Environmental Protection Agency
The EPA is reopening the public comment period on the notice of proposed rulemaking ``Approval and Promulgation of Implementation Plans; Washington: Kent, Seattle, and Tacoma Second 10-Year PM10 Limited Maintenance Plan'' published on December 26, 2013. A commenter requested additional time to review the proposal and prepare comments. In response to this request, the EPA is reopening the comment period.
Proposed CERCLA Settlements Relating to the Sherwin-Williams Site in Gibbsboro, Camden County, New Jersey
Document Number: 2014-02608
Type: Notice
Date: 2014-02-06
Agency: Environmental Protection Agency
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 a proposed Administrative Settlement Agreement for Recovery of Past Response Costs (``Agreement'') pursuant to Section 122(h)(1) of CERCLA with the Sherwin-Williams Company (``Settling Party''). The Settling Party is a potentially responsible party, pursuant to Section 107(a) of CERCLA, and thus is potentially liable for response costs incurred at or in connection with the Sherwin-Williams Site (``Site''), located in Gibbsboro, Camden County, New Jersey. Under the Agreement, the Settling Party agrees to pay a total of $104,000.00 to EPA for past response costs. EPA will consider all comments received and may modify or withdraw its consent to the Agreement if comments received disclose facts or considerations that indicate that the proposed Agreement is 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.
Release of Draft Integrated Review Plan for the Primary National Ambient Air Quality Standards for Oxides of Nitrogen
Document Number: 2014-02607
Type: Notice
Date: 2014-02-06
Agency: Environmental Protection Agency
On or about February 10, 2014, the Environmental Protection Agency (EPA) is making available for public review the draft titled, Integrated Review Plan for the Primary National Ambient Air Quality Standards for Nitrogen Dioxide (draft IRP). This document contains the plans for the review of the air quality criteria for oxides of nitrogen and national ambient air quality standards (NAAQS) for nitrogen dioxide (NO2). The primary NO2 NAAQS provide for the protection of public health from exposure to oxides of nitrogen in ambient air.
Proposed Information Collection Request; Comment Request; Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Renewal)
Document Number: 2014-02606
Type: Notice
Date: 2014-02-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Information Collection Request Renewal for the Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone'' (EPA ICR Number 2391.03, OMB Control No. 2060-0667) 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 Cross-State Air Pollution Rule 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.
Proposed Information Collection Request; Comment Request; Information Collection Activities Associated With SmartWay Transport Partnership
Document Number: 2014-02575
Type: Notice
Date: 2014-02-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Information Collection Activities Associated with SmartWay Transport Partnership'' (EPA ICR No. 2265.02, OMB Control No. 2060-0663 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 May 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.
Approval and Promulgation of Implementation Plans-Maricopa County PM-10 Nonattainment Area; Five Percent Plan for Attainment of the 24-Hour PM-10 Standard
Document Number: 2014-02574
Type: Proposed Rule
Date: 2014-02-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Arizona to meet Clean Air Act (CAA) requirements applicable to the Maricopa County (Phoenix) PM-10 Nonattainment Area. The Maricopa County PM-10 Nonattainment Area is located in the eastern portion of Maricopa County and encompasses the cities of Phoenix, Mesa, Scottsdale, Tempe, Chandler, Glendale, several other smaller jurisdictions, unincorporated County lands, as well as the town of Apache Junction in Pinal County. The Maricopa County PM-10 Nonattainment Area is designated as a serious nonattainment area for the national ambient air quality standards (NAAQS) for particulate matter of ten microns or less (PM-10). The submitted SIP revision is the Maricopa Association of Governments Five Percent Plan for PM-10 for the Maricopa County Nonattainment Area (2012 Five Percent Plan). Arizona's obligation to submit the 2012 Five Percent Plan was triggered by EPA's June 6, 2007 finding that the Maricopa PM-10 Nonattainment Area had failed to meet its December 31, 2006 deadline to attain the PM-10 NAAQS. The CAA requires a serious PM-10 nonattainment area that fails to meet its attainment deadline to submit a plan providing for attainment of the PM-10. NAAQS and for an annual emission reduction in PM-10 or PM-10 precursors of not less than five percent until attainment. EPA is proposing to approve the 2012 Five Percent Plan as meeting all relevant statutory and regulatory requirements.
Proposed Information Collection Request; Comment Request; Production Outlook Reports for Un-Registered Renewable Fuels Producers
Document Number: 2014-02571
Type: Notice
Date: 2014-02-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Production Outlook Reports for Un-Registered Renewable Fuels Producers'' (EPA ICR No. 2409.02, OMB Control No. 2060-0640 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 May 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.
Final EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides Within Indian Country; Notice of Implementation
Document Number: 2014-02564
Type: Notice
Date: 2014-02-06
Agency: Environmental Protection Agency
In the Federal Register of May 18, 2011, EPA issued a notice of intent to implement a Federal program to certify applicators of restricted use pesticides (RUPs) in Indian country where no other certification plan applies. The program will be administered by EPA. In that notice, EPA solicited comments from the public on EPA's Proposed Federal Plan for Certifying Applicators of Restricted Use Pesticides within Indian Country (EPA plan). EPA received comments from four commenters. EPA also issued a notice of intent to implement a similar plan in EPA Region 8, the Proposed Federal Plan for Certification of Applicators of Restricted Use Pesticides Within EPA Region 8 Indian Country (EPA Region 8 plan) in the Federal Register of April 20, 2011. EPA received comments from seven commenters on the EPA Region 8 plan. A complete summary of the comments and the Agency responses is available in the docket. EPA has decided to merge these plans into one EPA plan and hereby implements the final EPA plan. Applicators must hold the appropriate Federal certification under the final EPA plan to apply RUPs in Indian country where no other EPA-approved or EPA-implemented certification plan applies.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Benzene Emission From Benzene Storage Vessels and Coke By-Product Recovery Plants (Renewal)
Document Number: 2014-02537
Type: Notice
Date: 2014-02-06
Agency: Environmental Protection Agency
The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Benzene Emission From Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR part 61, subparts L and Y) (Renewal)'' (EPA ICR No. 1080.14, OMB Control No. 2060-0185), 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 April 30, 2014. Public comments were previously requested via the Federal Register (78 FR 35023) on June 11, 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.
Approval and Promulgation of State Implementation Plans; Utah: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule
Document Number: 2014-02083
Type: Rule
Date: 2014-02-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is partially approving and partially disapproving revisions to the Utah State Implementation Plan (SIP) relating to regulation of Greenhouse Gases (GHGs) under Utah's Prevention of Significant Deterioration (PSD) program and other SIP provisions. These revisions were submitted to EPA on April 14, 2011 by the Governor. The GHG-related SIP revisions are designed to align Utah's regulations with the GHG emission thresholds established in EPA's ``PSD and Title V Greenhouse Gas Tailoring Final Rule,'' which EPA issued by notice dated June 3, 2010. In today's action, EPA is approving the GHG (as it relates to the PSD program) revisions because the Agency has determined that this SIP revision, which is already adopted by Utah as a final effective rule, is in accordance with the Clean Air Act (CAA or Act) and EPA regulations regarding PSD permitting for GHGs.