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

Environmental Protection Agency (EPA) invites the public to nominate scientific experts to be considered as peer reviewers for the contractor-managed external peer review of the draft documents entitled, ``Health Effects Document for Perfluorooctanoic Acid'' and ``Health Effects Document for Perfluorooctane Sulfonate.'' In addition, EPA is announcing the release of the draft health effects documents for public comment. Public comments will be made available to the peer reviewers for consideration in their review. The draft documents and charge questions were prepared in order to support potential future regulatory evaluations and decisions. These draft documents do not represent and should not be construed to represent final Agency policy.

The Environmental Protection Agency (EPA) is partially approving and partially disapproving State Implementation Plan (SIP) revisions submitted by the State of Utah on September 20, 1999. The September 20, 1999 submittal revised the numbering and format of the Utah Administrative Code (UAC) rules within Utah's SIP. In this action, EPA is acting on those rules from the September 20, 1999 submittal that still require EPA action. Specifically, EPA is approving R307-110-16, ``Section IX, Control Measures for Area and Point Sources, Part G, Fluoride,'' and disapproving R307-110-29, ``Section XXI, Diesel Inspection and Maintenance Program.'' In conjunction with our disapproval of R307-110-29, we are also disapproving the Utah Diesel Inspection and Maintenance Program, which Utah submitted as a revision to the SIP on February 6, 1996, and which was incorporated by reference in R307-110-29 as part of the September 20, 1999 submittal. This action is being taken under section 110 of the Clean Air Act (CAA).

This notice announces receipt of applications to register new uses for pesticide products containing currently registered active ingredients pursuant to the provisions of section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This notice provides the public with an opportunity to comment on the applications.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Regulation of Fuels and Fuel Additives: 2011 Renewable Fuel StandardsPetition for International Aggregate Compliance Approach'' (EPA ICR No. 2398.03, OMB Control No. 2060-0655) 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 February 28, 2014. Public comments were previously requested via the Federal Register (78 FR 30428) on December 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 a revision submitted by the State of Wisconsin on August 1, 2013, for the purpose of establishing transportation conformity (conformity) criteria and procedures related to interagency consultation, and the enforceability of certain transportation related control and mitigation measures. This revision replaces Wisconsin's conformity State Implementaion Plan (SIP) that was approved on August 27, 1996.

Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated February 7, 2014, partially granting and partially denying a petition to object to a CAA title V operating permit proposed by the Clean Air Branch, Environmental Management Division, Hawaii Department of Health (HDOH) for the Hu Honua Bioenergy Facility, LLC (Hu Honua) in Pepeekeo, Hawaii. For the Issues that EPA denied, the Order constitutes a final action on the petition submitted by the Law Office of Marc Chytilo, on behalf of Preserve Pepeekeo Health & Environment (Petitioner), on August 26, 2011. Pursuant to section 505(b)(2) of the CAA, a petitioner may seek judicial review in the United States Court of Appeals for the appropriate circuit of those portions of the petition which EPA denied. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the CAA.

In this action, the Environmental Protection Agency (EPA) is proposing minor corrections to the final Revisions to the Total Coliform Rule (RTCR), as authorized under the Safe Drinking Water Act, to correct typographical errors in sections relating to recordkeeping and State primacy requirements, which could affect implementation and enforcement of the RTCR if they were left uncorrected. This proposed action also includes other edits to the final rule language that are intended to improve the understanding of the rule and avoid confusion. This proposed action does not impose new requirements; rather it clarifies what must be included in States' primacy applications related to this rule and the specific records water systems must keep. In the ``Rules and Regulations'' section of this Federal Register, EPA is making these minor corrections and edits to the final RTCR as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

This regulation establishes tolerances for residues of fluxapyroxad in or on multiple commodities which are identified and discussed later in this document. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces EPA's order for the cancellation, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a June 26, 2013, Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II., to voluntarily cancel these product registrations. In the June 26, 2013 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 180-day comment period that would merit further review of these requests, or unless the registrants withdrew their requests. The Agency received three requests from registrants withdrawing their requests for EPA Reg. Nos. 432-1473, 1677-90 and WA030027. Also, EPA Reg. No. OR030037 was cancelled under another Federal Register notice published on September 13, 2013. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including existing stocks provisions.

The EPA is issuing this NODA in support of the proposed rule titled ``Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units'' that was published on January 8, 2014. Through this NODA and the technical support document it references, the EPA solicits comment on its interpretation of the provisions in the Energy Policy Act of 2005, including the federal tax credits contained in that Act, which limit the EPA's authority to rely on information from facilities that received assistance under that Act. The EPA believes those provisions do not alter the EPA's determination in the proposed rule that the best system of emission reduction for new fossil fuel-fired boiler and integrated gasification combined cycle electric utility generating units is partial carbon capture and sequestration.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA''), notice is hereby given of a proposed consent decree to address a lawsuit filed by Air Alliance Houston, Community In-Power and Development Association, Inc., Louisiana Bucket Brigade and Texas Environmental Justice Advocacy Services (``Plaintiffs''), in the United States District Court for the District of Columbia: Air Alliance Houston, et al. v. McCarthy, No. 1:13-cv-00621-KBJ (D.D.C.). On May 1, 2013, Plaintiffs filed a complaint that EPA failed to perform nondiscretionary duties to review, and, if necessary, revise the emission factors for volatile organic compounds (``VOC''), carbon monoxide (``CO''), and nitrogen oxides (``NOX'') for flares, liquid storage tanks (``tanks'') and wastewater collection, treatment and storage systems (``wastewater treatment systems'') at least once every three years. The consent decree would require EPA to propose action by August 19, 2014, and take final action by December 19, 2014.

The EPA published in the Federal Register on January 14, 2014 (79 FR 2546), the proposed rule, ``General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country.'' The EPA is announcing a public hearing date for the proposed rule.

The Environmental Protection Agency (EPA) is proposing approval of a revision to the Delaware State Implementation Plan (SIP) submitted by the State of Delaware through the Delaware Department of Natural Resources and Environmental Control (DNREC). Delaware's SIP revision addresses requirements of the Clean Air Act (CAA) and EPA's rules that require states to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the State's existing implementation plan addressing regional haze (regional haze SIP). EPA is proposing approval of Delaware's SIP revision on the basis that it addresses the progress report and adequacy determination requirements for the first implementation period for regional haze.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Gold Mine Ore Processing (40 CFR Part 63, Subpart EEEEEEE) (Renewal)'' (EPA ICR No. 2383.03, OMB Control No. 2060-0659) 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.

The Environmental Protection Agency (EPA) is approving revisions to the Virginia State Implementation Plan (SIP), submitted by the Virginia Department of Environmental Quality (VADEQ) on August 25, 2011. The revisions pertaining to Virginia's Prevention of Significant Deterioration (PSD) program are being fully approved. EPA is granting limited approval to the revisions pertaining to Virginia's nonattainment New Source Review (NSR) program. In both cases, the revisions incorporate preconstruction permitting regulations for fine particulate matter (PM2.5) into the Virginia SIP. In addition, EPA is approving these revisions and portions of other related submissions for the purpose of determining that Virginia has met its statutory obligations with respect to the infrastructure requirements of the Clean Air Act (CAA) which relate to Virginia's PSD permitting program and are necessary to implement, maintain, and enforce the 1997 8-hour ozone and PM2.5 National Ambient Air Quality Standards (NAAQS), the 2006 PM2.5 NAAQS, and the 2008 lead NAAQS. EPA is approving these revisions in accordance with the requirements of the CAA. A previous PSD program approval of Virginia's Chapter 80, Article 8 regulations was provided to the Commonwealth as a ``limited approval'' for reasons that do not impact the approval of the August 25, 2011 submission. A correction related to that prior limited approved is also included in this action.

Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is approving requests by Indiana to revise the 1997 8-hour ozone maintenance air quality state implementation plan (SIP) for Allen, Greene, Vanderburgh, Warrick, and Vigo Counties to replace onroad emissions inventories and motor vehicle emissions budgets (budgets) with inventories and budgets developed using EPA's Motor Vehicle Emissions Simulator (MOVES) emissions model. Indiana submitted the SIP revision requests for Allen, Vigo, Vanderburgh, and Warrick Counties on July 2, 2013, and submitted the SIP revision request for Greene County on July 8, 2013.

The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2012 is available for public review. Annual U.S. emissions for the period of time from 1990 through 2012 are summarized and presented by source category and sector. The inventory contains estimates of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6) emissions. The inventory also includes estimates of carbon fluxes in U.S. agricultural and forest lands. The technical approach used in this report to estimate emissions and sinks for greenhouse gases is consistent with the methodologies recommended by the Intergovernmental Panel on Climate Change (IPCC), and reported in a format consistent with the United Nations Framework Convention on Climate Change (UNFCCC) reporting guidelines. The Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2012 is the latest in a series of annual U.S. submissions to the Secretariat of the UNFCCC. EPA requests recommendations for improving the overall quality of the inventory report to be finalized in April 2014, as well as subsequent inventory reports.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NSPS for Sewage Sludge Incineration Units (40 CFR Part 60, Subpart LLLL) (Renewal)'' (EPA ICR No. 2369.03, OMB Control No. 2060-0658), 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.

This regulation amends two exemptions from the requirement of a tolerance for residues of [alpha]-alkyl (minimum C6 linear, branched, saturated and/or unsaturated)-[omega]- hydroxypolyoxyethylene polymer with or without polyoxypropylene, mixture of di- and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts of the phosphate esters; minimum oxyethylene content is 2 moles; minimum oxypropylene content is 0 moles, herein referred to as alkyl alcohol alkoxylate phosphate derivatives (AAAPD) and [alpha]- Alkyl(C6-C15)-[omega]- hydroxypoly(oxyethylene)sulfate, and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts, poly(oxyethylene) content averages 2-4 moles, herein referred to alkyl alcohol alkoxylate sulfate derivatives (AAASD) when used as inert ingredients (surfactants) applied to growing crops and raw agricultural commodities after harvest under 40 CFR 180.910 and applied to animals under 40 CFR 180.930; not to exceed 30% of pesticide formulations. Joint Inerts Task Force Cluster Support Team 2 (JITF CST 2) c/o Huntsman Corp. 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 alkyl alcohol alkoxylate phosphate and sulfate derivatives.

On March 11, 2013 the Idaho Department of Environmental Quality (IDEQ) submitted a revised plan for particulate matter with an aerodynamic diameter less than or equal to ten micrometers (PM10) for Northern Ada County for the PM10 National Ambient Air Quality Standard (NAAQS). This revised Maintenance Plan addresses maintenance of the PM10 standard for a second ten-year period beyond redesignation, extends the horizon years, and contains revised transportation conformity budgets. The Environmental Protection Agency (EPA) is proposing to approve this State Implementation Plan (SIP) revision. The EPA is also proposing to approve the February 15-16, 2011 high wind exceptional event at the Boise Fire Station monitor, as well as contingency measures for the Pinehurst PM10 Air Quality Improvement Plan. The EPA is proposing to approve the second ten-year PM10 Maintenance Plan for Northern Ada County and the Pinehurst PM10 contingency measures under section 110 of the Clean Air Act (CAA). The EPA is proposing to approve the February 2011 exceptional event pursuant to 40 CFR 50.14.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Recordkeeping and Reporting Requirements Regarding the Sulfur Content of Motor Vehicle Gasoline under the Tier 2 Rule'' (EPA ICR No.1907.06, OMB Control No. 2060-0437) 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 (78FR 72675) on December 3, 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 New Mexico State Implementation Plan (SIP) at New Mexico Administrative Code 20.11.3 and 20.11.4, concerning transportation conformity and general conformity rules for Bernalillo County, New Mexico. The plan revision is intended to ensure consistency with amendments to the federal Transportation Conformity Rule and the federal General Conformity Rule. These plan revisions meet statutory and regulatory requirements, and are consistent with EPA's guidance.

The U.S. Environmental Protection Agency's (EPA) Office of Environmental Information (OEI) is giving notice that it proposes to create a new system of records pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a). EPA is implementing the My Workplace system of records utilizing Microsoft Office 365 and SharePoint Online to deliver a cost effective, user-friendly, collaboration solution that will enhance productivity by facilitating communication, coordination and collaboration Agency-wide.

The Environmental Protection Agency (EPA) is proposing to approve portions of two revisions to the Texas State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) to EPA on October 5, 2010, and December 2, 2013. Together, these two SIP submittals revise the Texas Prevention of Significant Deterioration (PSD) Program to provide for the regulation of greenhouse gas (GHG) emissions and clarify the applicability of Best Available Control Technology (BACT) for all PSD permit applications. The December 2, 2013, submittal is a request for parallel processing of revisions proposed by the TCEQ on October 23, 2013. The December 2, 2013, submittal includes proposed revisions to the Texas SIP to provide the State of Texas with the express authority to regulate GHG emissions, issue PSD permits governing GHG emissions, establish appropriate emission thresholds for determining which new stationary sources and modifications to existing stationary sources become subject to Texas's PSD permitting requirements for their GHG emissions, and revises several Minor New Source Review (NSR) provisions to specify that Minor NSR permit mechanisms cannot be used for authorizing GHG emissions. The December 2, 2013, SIP revision also defers until July 21, 2014, application of the PSD permitting requirements to biogenic carbon dioxide emissions from bioenergy and other biogenic stationary sources. The October 5, 2010, submittal revises the Texas SIP to clarify that all PSD permits must undergo BACT review consistent with the requirements in the Federal and Texas PSD programs. EPA is proposing to approve portions of the October 5, 2010, and December 2, 2013, SIP revisions to the Texas SIP and NSR permitting program as consistent with federal requirements for PSD permitting of GHG emissions. EPA is proposing to sever and take no action on the portion of the October 5, 2010, SIP revision which pertains to the Texas Minor NSR program for Qualified Facilities. EPA is also proposing to sever and take no action on the portion of the December 2, 2013, SIP revision that relates to the provisions of EPA's July 20, 2011, ``Deferral for CO2 Emissions from Bioenergy and other Biogenic Sources Under the Prevention of Significant Deterioration (PSD) and Title V Programs'' (Biomass Deferral Rule), as the DC Circuit Court of Appeals issued an order to vacate that rule on July 13, 2013. EPA is also proposing to rescind the Federal Implementation Plan (FIP) for Texas, with three limited possibilities for retained authority, which was put in place to ensure the availability of a permitting authority for GHG permitting in Texas until final approval of the Texas SIP PSD GHG program. EPA is proposing this action under section 110 and part C of the Clean Air Act (CAA).