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

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the state of Iowa. These revisions will amend the SIP to include revisions to Iowa air quality rule, Chapter 33, ``Special Regulations and Construction Permit Requirements for Major Stationary Sources Prevention of Significant Deterioration (PSD) of Air Quality.'' This rule amendment will make state regulation consistent with Federal regulation for fine Particulate Matter (PM2.5) PSD program. This revision will also amend source obligation provisions as they apply to recordkeeping and will provide a mechanism to allow industry to request rescission of a PSD permit, both of which will match the Federal regulations. This action is also consistent with the state's request to not include, into the SIP, provisions relating to Significant Impact Levels and Significant Monitoring Concentrations. These provisions were vacated and remanded by the U.S. Court of Appeals for the District of Columbia on January 22, 2013.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Chartered CASAC and the CASAC Ozone Review Panel to review and finalize CASAC draft letters on three EPA documents: (1) Health Risk and Exposure Assessment for OzoneSecond External Review Draft (January 2014); (2) Welfare Risk and Exposure Assessment for OzoneSecond External Review Draft (January 2014); and (3) Policy Assessment for the Review of the Ozone National Ambient Air Quality StandardsSecond External Review Draft (January 2014).

This notice announces EPA's order for the cancellations, 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 November 20, 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 November 20, 2013 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency did not receive any comments on the notice. However, the Agency did receive notice via letter dated December 18, 2013 from the registrant Nufarm Americas Inc. to withdraw their voluntary cancellation request for products EPA Reg. Nos. 33688-2 (Nufarm S.A. Technical Butralin) and EPA Reg. No. 33688-4 (Tamex 3EC). Accordingly, EPA hereby issues in this notice a cancellation order granting the requested withdrawals and 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 any existing stocks provisions. In addition, for pertinent information relating to the pesticide registrations for ME030004 and ME980001 as published in the November 20, 2013 notice, see Unit II. of this notice.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from graphic arts operations and from surface preparation and cleaning operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This regulation establishes tolerances for residues of fenamidone in or on ginseng; bean, succulent, except cowpea; onion, blub, subgroup 3-07A; and onion, green, subgroup 3-07B. This regulation additionally removes several individual tolerances that are superseded by inclusion in crop subgroup tolerances. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces EPA's approval of the State of New Jersey's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

This notice announces the broadly applicable alternative test method approval decisions the EPA has made under and in support of New Source Performance Standards (NSPS), the National Emission Standards for Hazardous Air Pollutants (NESHAP), and the Consolidated Federal Air Rule under the Clean Air Act (CAA) in 2013.

On February 12, 2014, the Environmental Protection Agency (EPA) published in the Federal Register a proposed rule to conditionally approve the Texas New Source Review (NSR) State Implementation Plan (SIP) for establishing the Flexible Permit Program and requested comments by March 14, 2014. EPA is extending the original public comment period of 30 days for the proposed rule until April 4, 2014.

The Environmental Protection Agency (EPA) is approving a State implementation plan revision submitted by the State of California to provide for attainment of the 2008 lead national ambient air quality standard in the Los Angeles County nonattainment area. The submitted SIP revision is the Final 2012 Lead State Implementation PlanLos Angeles County. Specifically, EPA is approving the emissions inventory, attainment demonstration, the reasonably available control measures/ reasonably available control technology demonstration, reasonable further progress demonstration, and contingency measures as meeting the requirements of the Clean Air Act and EPA's implementing regulations for the lead NAAQS.

The Environmental Protection Agency (EPA) Region 1 is publishing a direct final Notice of Deletion of the O'Connor Superfund Site (Site), located in Augusta, Maine, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Maine, through the Maine Department of Environmental Protection, because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

EPA is announcing an extension of the public comment period for the proposed rule entitled ``Approval and Promulgation of Implementation Plans: Alabama: Error Correction and Disapproval of Revisions to the Visible Emissions Rule.'' The proposed rule was published in the Federal Register on February 13, 2014. Written comments on the proposed rule were to be submitted to EPA on or before March 17, 2014 (30-day comment period). As requested, EPA is extending the original public comment period by 60 days. The public comment period will now close on May 16, 2014.

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.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NSPS for Equipment Leaks of VOC in Petroleum Refineries (40 CFR Part 60, Subparts GGG and GGGa) (Renewal)'' (EPA ICR No. 0983.14, OMB Control No.2060-0067), 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 proposing to approve a State Implementation Plan (SIP) revision submitted by California for the Ventura County Air Pollution Control District (VCAPCD) portion of the California SIP. The submitted SIP revision contains the District's demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). We are proposing to approve the submitted SIP revision under Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) is taking final action partially approving and partially disapproving State Implementation Plan (SIP) revisions submitted by the State of Colorado. On March 31, 2010, the Governor of Colorado's designee submitted to EPA a revised maintenance plan for the Pagosa Springs area for the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM10). The State adopted the revised maintenance plan on November 19, 2009. As required by Clean Air Act (CAA) section 175A(b), 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. EPA is taking final action approving the revised maintenance plan with the exception of one aspect of the plan's contingency measures. EPA's approval includes the revised maintenance plan's 2021 transportation conformity motor vehicle emissions budget (MVEB) for PM10. In taking final action to approve the revised maintenance plan, we are taking final action to exclude from use in determining whether or not Pagosa Springs continues to attain the 24-hour PM10 NAAQS, exceedances of the 24-hour PM10 NAAQS that were recorded at the Pagosa Springs PM10 monitor on March 22, 2009, April 3, 2009, April 5, 2010, April 28, 2010, April 29, 2010, May 11, 2010, and May 22, 2010 because the exceedances 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.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This SIP revision establishes carbon monoxide (CO) limited maintenance plans for the City of Manchester, New Hampshire and the City of Nashua, New Hampshire. As part of its limited maintenance plan, New Hampshire will continue year-round CO monitoring at the Londonderry Moose Hill station in Londonderry, New Hampshire with triggers to reestablish CO monitoring sites in Manchester and Nashua if elevated CO levels are recorded in Londonderry. Future carbon monoxide transportation conformity evaluations for Manchester and Nashua will, for the length of their limited maintenance plans, be considered to satisfy the regional emissions analysis and ``budget test'' requirements. This action is being taken under the Clean Air Act.

The Environmental Protection Agency (EPA) is taking final action to amend a Federal Implementation Plan (FIP) for Oklahoma that became effective on January 27, 2012, as it applies to Units 3 and 4 of the Northeastern Power Station in Rogers County, Oklahoma, which is operated by the American Electric Power/Public Service Company of Oklahoma (AEP/PSO). We are removing the FIP requirements for AEP/PSO because, in a separate action being published in today's Federal Register, we are taking final action to approve revisions to the Oklahoma State Implementation Plan (SIP), submitted by the Oklahoma Department of Environmental Quality (ODEQ) to EPA on June 20, 2013, which address revised Best Available Retrofit Technology (BART) requirements for sulfur dioxide (SO2) and oxides of nitrogen (NOX) for Units 3 and 4 of AEP/PSO's Northeastern Power Station in Rogers County, Oklahoma. The revisions (collectively, the ``Oklahoma SIP revisions'') also address the requirements of the Clean Air Act (CAA) concerning non-interference with programs to protect visibility in other states.

The EPA is announcing that the period for providing public comments on the January 8, 2014, proposed ``Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units'' and on the February 26, 2014, notice of data availability soliciting comment on the provisions in the Energy Policy Act of 2005, is being extended by 60 days.

The U.S. Environmental Protection Agency (EPA) is announcing a public meeting of the National Drinking Water Advisory Council (NDWC) Lead and Copper Rule Working Group (LCRWG). The meeting is scheduled for March 25 and 26, 2014, in Arlington, VA. During this meeting, the LCRWG and the EPA will focus discussions on the Lead and Copper Rule revision issues associated with Optimal Corrosion Control Treatment.

The Environmental Protection Agency (EPA) Region II is issuing a Notice of Intent to Delete the Federal Creosote Superfund Site located in Manville, New Jersey, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of New Jersey, through the New Jersey Department of Environmental Protection, have determined that all appropriate response actions under CERCLA, other than long-term groundwater monitoring and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

This regulation establishes tolerances for residues of triflumizole in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is approving a revision to the State Implementation Plan (SIP) submitted by the State of Missouri which revises the written reporting requirements for maintenance, start-up, or shutdown activities; updates the information a source operator must provide to the department when a notice of excess emissions is received; and corrects references in the reporting and record keeping section.

The Environmental Protection Agency (EPA) is approving changes to the Washington State Implementation Plan (SIP) submitted by the Washington Department of Ecology (Ecology) dated November 20, 2013. This SIP revision updates ambient air quality standards for carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Colorado on May 11, 2012. The May 11, 2012 submittal addresses updates to Regulation Number 10 ``Criteria for Analysis of Conformity'' of the Colorado SIP including revisions to transportation conformity requirements, transportation conformity criteria and procedures related to interagency consultation, and enforceability of certain transportation related control and mitigation measures. The submittal also removes certain provisions from the SIP so that federal rules will govern conformity of general federal actions. EPA is approving the submission in accordance with the requirements of the Clean Air Act (CAA).