Approval and Promulgation of Air Quality Implementation Plans; Utah; Revisions to Utah Administrative Code-Permit: New and Modified Sources
The Environmental Protection Agency (EPA) is taking final action to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the State of Utah on September 15, 2006. The September 15, 2006 revisions contain new, amended and renumbered rules in Utah Administrative Code (UAC) Title R- 307 that pertain to the issuance of Utah air quality permits. The September 15, 2006 revisions supersede and entirely replace an October 9, 1998 submittal that initially revised provisions in Utah's air quality permit program, and partially supersede and replace a September 20, 1999 submittal. In this action, we are fully approving the SIP revisions in the September 15, 2006 submittal with the following exceptions: we are disapproving the State's rules R307-401-7 (Public Notice), R307-401-9(b) and portions of (9)(c) (Small Source Exemption), R307-401-12 (Reduction in Air Contaminants), and R307-410-5 (Documentation of Ambient Air Impacts for Hazardous Air Pollutants); we are limitedly approving and limitedly disapproving R307-410-6 (Stack Heights and Dispersion Techniques); and we are not acting on R307-101- 2, R307-401-14, R307-401-15, and R307-401-16 for the reasons explained in this action. This action is being taken under section 110 of the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans; Utah; Revisions to Utah Rule R307-107; General Requirements; Breakdowns
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.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia; Redesignation of the Macon, Georgia, 1997 Annual Fine Particulate Matter Nonattainment Area to Attainment
On June 21, 2012, the Georgia Department of Natural Resources, through the Georgia Environmental Protection Division (GA EPD), submitted a request to redesignate the Macon, Georgia, fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Macon Area'' or ``Area'') to attainment for the 1997 annual PM2.5 national ambient air quality standards (NAAQS) and to approve a state implementation plan (SIP) revision containing a maintenance plan for the Macon Area. The Macon Area is comprised of Bibb County and a portion of Monroe County in Georgia. EPA is proposing to approve the redesignation request and the related SIP revision for Bibb County and a portion of Monroe County in Georgia, including GA EPD's plan for maintaining attainment of the PM2.5 standard in the Macon Area. EPA is also proposing to approve into the Georgia SIP the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5 for the year 2023 for the Macon Area that are included as part of Georgia's maintenance plan for the 1997 Annual PM2.5 NAAQS.
Notice of Proposed Administrative Order on Consent for Waipahu Ash Landfill, Pearl Harbor Naval Complex Superfund Site (partial), Oahu, Hawaii
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.
Comment Request; Draft Supporting Materials for the Science Advisory Board Panel on the Role of Economy-Wide Modeling in U.S. EPA Analysis of Air Regulations
The Environmental Protection Agency (EPA) is evaluating the appropriate role for economy-wide modeling in informing the regulatory process. Toward that end, EPA is developing an ``analytic blueprint'' of materials on the technical merits and challenges of using economy- wide models to evaluate the social costs, benefits and economic impacts associated with EPA's air regulations. In addition, EPA will be seeking advice from the Science Advisory Board (SAB) on economy-wide modeling and will present materials from the analytic blueprint to inform a discussion of charge questions to a new SAB panel with expertise in economy-wide modeling. In a forthcoming Federal Register Notice, EPA's Science Advisory Board Staff Office will be soliciting nominations for this panel to provide advice on the use of economy-wide models to evaluate the economic effects of air regulations. In today's Notice, EPA is soliciting public comment on both the draft charge questions and draft analytic blueprint of materials that could be presented to the SAB in order to inform how to appropriately discuss the issues with the panel.
Migratory Bird Treaty Act; Memorandum of Understanding
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.
Pesticides; Satisfaction of Data Requirements; Procedures To Ensure Protection of Data Submitters' Rights
EPA is revising and updating its regulations governing the procedures for the satisfaction of data requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Specifically, this regulation addresses procedures for the protection of exclusive use and data compensation rights of data submitters, which have not been revised since issuance in 1984. These revisions are now needed to accommodate statutory changes and related changes in practice that have occurred since that time and to make minor changes to clarify the regulations.
Agency Information Collection Activities; Proposed Collection; Comment Request
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.
Cyantraniliprole; Pesticide Tolerances
This regulation establishes tolerances for residues of cyantraniliprole in or on multiple commodities that are identified and discussed later in this document. E.I. du Pont de Nemours & Company (DuPont) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Environmental Radiation Protection Standards for Nuclear Power Operations
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.
Notification of a Public Webinar for the Clean Air Act Advisory Committee (CAAAC)
The Environmental Protection Agency (EPA) announces a public webinar for the Clean Air Act Advisory Committee (CAAAC) on EPA's greenhouse gas standards (i.e., the Clean Air Act 111(d) standards). The EPA established the CAAAC on November 19, 1990, to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises on economic, environmental, technical, scientific and enforcement policy issues.
California State Nonroad Engine Pollution Control Standards; Off-Highway Recreational Vehicles and Engines; Notice of Decision
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).
Significant New Use Rule on Certain Chemical Substances
EPA is finalizing a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for chemical substances identified generically as complex strontium aluminate, rare earth doped, which were the subject of several premanufacture notices (PMNs). This action requires 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 final 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.
[alpha]lpha-Alkyl-[omega]-Hydroxypoly (Oxypropylene) and/or Poly (Oxyethylene) Polymers Where the Alkyl Chain Contains a Minimum of Six Carbons etc.; Exemption From the Requirement of a Tolerance
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.
Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II
The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Defense (DoD) are proposing performance standards for certain discharges incidental to the normal operation of a vessel of the Armed Forces into the navigable waters of the United States, the territorial seas, and the contiguous zone. The proposed standards would reduce the adverse environmental impacts associated with the discharges, stimulate the development of improved pollution control devices, and advance the development of environmentally sound ships by the Armed Forces. The proposed standards are designed to be consistent with the effluent limitations included in the recently issued National Pollutant Discharge Elimination System (NPDES) general permit for discharges incidental to the normal operation of a non-military vessel.
Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces, and New Residential Masonry Heaters
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.