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

EPA is approving changes to Utah's rule R307-107, which pertains to source emissions during breakdowns. Utah's prior version of rule R307-107 had several deficiencies related to the treatment of excess emissions from sources during malfunction events. On April 18, 2011, EPA finalized a rulemaking which found that the Utah State Implementation Plan (SIP) was substantially inadequate to attain or maintain the national ambient air quality standards (NAAQS) or to otherwise comply with the requirements of the Clean Air Act (CAA) because it included rule R307-107. Concurrent with this finding, EPA issued a SIP call that required the State to revise its SIP by either removing R307-107 or correcting its deficiencies, and to submit the revised SIP to EPA by November 18, 2012. On August 16, 2012, the State submitted to EPA revisions to R307-107. EPA is approving these revisions because they correct the identified SIP deficiencies concerning the treatment of excess emissions during malfunctions and, therefore, satisfy EPA's April 18, 2011 SIP call. This final approval eliminates all potential clocks for sanctions and for EPA to promulgate a federal implementation plan (FIP) related to the April 18, 2011 SIP call.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given of a proposed settlement, embodied in an Administrative Order on Consent (``Consent Order''), with the City and County of Honolulu (``CCH''), under Sections 104, 107 and 122 of CERCLA. The Consent Order concerns work to be done by CCH in connection with the Waipahu Ash Landfill, located in part on the Pearl Harbor Naval Complex Superfund Site, Joint Base Pearl Harbor-Hickam, Oahu, Hawaii and on land owned by the State of Hawaii and CCH. Parties to the Consent Order include the U.S. Environmental Protection Agency (``EPA''), the Department of the Navy (``Navy''), Hawaii Department Health (``DOH''), Hawaii Department of Land and Natural Resources and CCH. The property (the ``Site'') that is the subject of this Consent Order includes all areas to which hazardous substances from or related to the now closed Waipahu Ash Landfill have come to be located. Under this Consent Order, CCH agrees to carry out a remedial investigation and feasibility study of the Site under CERCLA. The performance of this work shall be approved and monitored by EPA in Consultation with the Navy and DOH. The settlement includes a covenant not to sue CCH pursuant to Sections 106 or 107(a) of CERCLA. Under the Consent Order, CCH also agrees to pay the Navy $63,062.00 in past response costs and, to EPA, $25,000 in prepayment of anticipated annual EPA future response costs.

EPA is announcing the availability of the draft Memorandum of Understanding (MOU) between the Environmental Protection Agency, Office of Pesticide Programs (OPP) and the Department of the Interior, U.S. Fish and Wildlife Service (FWS) regarding implementation of Executive Order 13186, ``Responsibilities of Federal Agencies to Protect Migratory Birds'' for public comment. The purpose of this MOU is to promote the conservation of migratory bird populations through enhanced collaboration between EPA's OPP and FWS regarding actions carried out by OPP. Migratory birds are an important component of biological diversity, and as such, conserving them and their habitats supports ecological integrity, contributes to public conservation education, and enhances the growing interest in outdoor recreation opportunities. This MOU is an important first step in ensuring that pesticide use is consistent with these conservation goals.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: ``Submission of Unreasonable Adverse Effects Information Under FIFRA Section 6(a)(2)'' and identified by EPA ICR No. 1204.12 and OMB Control No. 2070- 0039, represents the renewal of an existing ICR that is scheduled to expire on September 30, 2014. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

This Advance Notice of Proposed Rulemaking (ANPR) requests public comment and information on potential approaches to updating the Environmental Protection Agency's ``Environmental Radiation Protection Standards for Nuclear Power Operations'' (40 CFR part 190). These standards, originally issued in 1977, limit radiation releases and doses to the public from normal operation of nuclear power plants and other uranium fuel cycle facilitiesthat is, facilities involved in the milling, conversion, fabrication, use and reprocessing of uranium fuel for generating commercial electrical power. These standards were the earliest radiation rules developed by EPA and are based on nuclear power technology and the understanding of radiation biology current at that time. The Nuclear Regulatory Commission (NRC) is responsible for implementing and enforcing these standards.

The Environmental Protection Agency (EPA) is granting the California Air Resources Board's (CARB's) request for authorization of amendments to California's Off-Highway Recreational Vehicles and Engines (OHRV) regulations, confirming that certain OHRV amendments are within-the-scope of prior EPA authorizations, and confirming that certain OHRV amendments are not preempted by Clean Air Act. CARB's OHRV regulations apply to all off-highway recreational vehicles (and to engines manufactured for use in such vehicles) produced on or after January 1, 1997, for sale, lease, use and introduction into commerce in California. This decision is issued under the authority of the Clean Air Act (CAA or Act).

This regulation establishes an exemption from the requirement of a tolerance for residues of [alpha]-alkyl-[omega]-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain contains a minimum of six carbons, and [alpha]-alkyl-[omega]- hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain contains a minimum of six carbons and a minimum number average molecular weight (in amu) 1,100 (hereinafter referred to as ``AAAs'' (alkyl alcohol alkoxylates) when used as an inert ingredient as a surfactant in pesticide formulations in growing crops without limitations. Akzo Nobel Surface Chemistry submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an amendment to an existing requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of AAAs.

The EPA is proposing to amend the Standards of Performance for New Residential Wood Heaters and to add two new subparts: Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces and Standards of Performance for New Residential Masonry Heaters. This proposal is aimed at achieving several objectives for new residential wood heaters and other wood-burning appliances, including applying updated emission limits that reflect the current best systems of emission reduction; eliminating exemptions over a broad suite of residential wood combustion devices; strengthening test methods as appropriate; and streamlining the certification process. This proposal does not include any requirements for heaters solely fired by gas, oil or coal. In addition, it does not include any requirements associated with appliances that are already in use. The EPA continues to encourage state, local, tribal, and consumer efforts to changeout (replace) older heaters with newer, cleaner, more efficient heaters, but that is not part of this federal rulemaking. Particulate pollution from wood heaters is a significant national air pollution problem and human health issue. Health benefits associated with these proposed regulations are valued to be much greater than the cost to manufacture cleaner, lower emitting appliances. These proposed regulations would significantly reduce particulate matter (PM) emissions and many other pollutants from these appliances, including carbon monoxide (CO), volatile organic compounds (VOC), and hazardous air pollutants (HAP). Emissions from wood stoves occur near ground level in residential communities across the country, and setting these new requirements for cleaner stoves into the future will result in substantial reductions in exposure and improved public health.