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

EPA issued a notice in the Federal Register of November 20, 2013, and March 13, 2014, concerning receipt of requests to voluntarily cancel certain pesticide registrations and its follow-up cancellation order, respectively. In both notices, EPA inadvertently listed the pesticide product Treflan H.F.P. (EPA Reg. No. MN-100004). The registrant had previously withdrawn the requested voluntary cancellation for this product. Therefore, EPA is not cancelling the pesticide product Treflan H.F.P. (EPA Reg. No. MN-100004). This document removes the cancellation order for Treflan H.F.P. (EPA Reg. No. MN-100004) listed in both the November 20, 2013, and March 13, 2014, Federal Register notices.

On June 27, 2013 the New York State Department of Environmental Conservation (NYSDEC) submitted a request for the Environmental Protection Agency (EPA) to approve the redesignation of the New York portion of the New York-N.New Jersey-Long Island, NY-NJ-CT nonattainment area for the 1997 annual and the 2006 24-hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS). In conjunction with its redesignation request, New York submitted a State Implementation Plan (SIP) revision containing a maintenance plan for the area that provides for continued maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS. The submittals included the 2007 ammonia (NH3), volatile organic compounds (VOC), nitrogen oxides (NOX), PM10, direct PM2.5 and sulfur dioxide (SO2) emissions inventories submitted to meet the comprehensive emissions inventory requirements of section 172(c)(3) of the Clean Air Act (CAA), and accompanying motor vehicle emissions budgets. EPA is taking final action to approve the requested SIP revisions and to redesignate the New York portion of the New York-N.New Jersey-Long Island, NY-NJ-CT nonattainment area to attainment for the 1997 annual and the 2006 24- hour PM2.5 NAAQS.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Virginia State Implementation Plan (SIP). The SIP revision consists of a revision to the operating permit for the control of visibility-impairing emissions from GP Big Island, LLC on a shutdown of an individual unit. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is partially approving and partially disapproving 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 SIP revisions address the permitting of sources of greenhouse gases (GHGs). Specifically, we are approving 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 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 finalizing disapproval of 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 finalizing this action under section 110 and part C of the Clean Air Act (the Act or CAA).

The Environmental Protection Agency (EPA) is proposing to approve revisions submitted to the applicable State Implementation Plans (SIPs) addressing the requirements of EPA's Clean Air Interstate Rule (CAIR) for Arkansas and Louisiana. EPA is proposing to approve revisions to the CAIR NOX Ozone Season allocation methodology adopted on December 5, 2008, by the Arkansas Pollution Control and Ecology Commission and submitted as revisions to the Arkansas SIP on September 16, 2009. EPA is proposing to approve revisions to the CAIR NOX Annual and Ozone Season Abbreviated SIP for the annual and ozone season NOX allocation methodologies and the CAIR SO2 SIP adopted on June 20, 2008 by the State of Louisiana and submitted as revisions to the Louisiana SIP on July 1, 2009. EPA has evaluated the CAIR SIP revisions for Arkansas and Louisiana and made the preliminary determination that these revisions are consistent with the requirements of CAIR and the Clean Air Act. Therefore we are proposing to approve the revisions to the Arkansas and Louisiana SIPs under section 110 of the Act.

The EPA is proposing to approve part of the December 27, 2013, State Implementation Plan (SIP) submittal from Oregon for purposes of meeting the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for lead (Pb) on October 15, 2008. The CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIP to ensure that it meets the infrastructure requirements necessary to implement the new or revised NAAQS. The EPA is proposing to find that the Oregon SIP meets the CAA infrastructure requirements for the 2008 Pb NAAQS.

The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove State Implementation Plan (SIP) revisions submitted by the State of South Dakota on June 14, 2010, June 20, 2011, and July 29, 2013. All three SIP revisions revise the Administrative Rules of South Dakota (ARSD) that pertain to the issuance of South Dakota air quality permits; in addition the June 14, 2010 submittal revises certain definitions and dates of incorporation by reference. The June 14, 2010 revisions contain new, amended and renumbered rules; the June 20, 2011 revisions contain new rules, and the July 29, 2013 revisions contain amended rules. In this proposed rulemaking, we are taking action on the entire June 14, 2010 submittal, except for those portions of the submittal which do not belong in the SIP. We are also taking action on portions of the June 20, 2011 submittal that were not acted on in other rulemaking regarding greenhouse gases and the State's Prevention of Significant Deterioration (PSD) program. We are taking action on portions of the July 29, 2013 submittal that supersede portions of the two previous submittals; the remainder of the July 29, 2013 submittal will be acted on at a later date. This action is being taken under section 110 of the Clean Air Act (CAA).

On March 26, 2014, the EPA published a proposed rule finding that the Idaho State Implementation Plan (SIP) meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for fine particulate matter (PM2.5) on July 18, 1997 and October 17, 2006, and for ozone on March 12, 2008, in addition to the interstate transport requirements of the CAA related to prevention of significant deterioration and visibility for the 2006 PM2.5 and 2008 ozone NAAQS. In that publication, we supplied an incorrect docket number for commenters to use when they send us comments. The correct docket number is EPA-R10- OAR-2011-0715. If commenters have already submitted comments, they need not resubmit them, because they will be routed to the correct docket.

The Environmental Protection Agency (EPA) is announcing the release of the Framework for Human Health Risk Assessment to Inform Decision Making. This document was developed by the EPA's Risk Assessment Forum and describes a Framework for conducting human health risk assessments that are responsive to the needs of Agency decision making. The document was developed to provide information to Agency staff and managers, external stakeholders, and the public.

The Environmental Protection Agency (EPA) is approving a portion of a State Implementation Plan (SIP) submittal, and technical supplement from the State of Louisiana to address Clean Air Act (CAA) requirements in section 110(a)(2)(D)(i)(I) that prohibit air emissions which will contribute significantly to nonattainment or interfere with maintenance in any other state for the 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). EPA has determined that the existing SIP for Louisiana contains adequate provisions to prohibit air pollutant emissions from significantly contributing to nonattainment or interfering with maintenance of the 2006 24-hour PM2.5 NAAQS (2006 PM2.5 NAAQS) in any other state as required by section 110(a)(2)(D)(i)(I) of the CAA.

The Environmental Protection Agency (EPA) has determined that the Baton Rouge, Louisiana marginal 2008 8-hour ozone nonattainment area is currently attaining the 2008 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This determination is based upon complete, quality assured, certified ambient air monitoring data that show the area has monitored attainment of the 2008 8-hour ozone NAAQS during the 2011-2013 monitoring period, and continues to monitor attainment of the NAAQS based on preliminary 2014 data.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the state section 111 plan for Municipal Solid Waste (MSW) Landfills submitted by the State of Missouri Department of Natural Resources. This plan contains state rules ``Municipal Solid Waste Landfills'' and ``Restriction of Emissions from Municipal Solid Waste Landfills'' that were updated as a result of amendments to the Federal Emission Guidelines (EG) published April 10, 2000; October 17, 2000; and September 21, 2006. The plan also corrects typographical and administrative changes in the Missouri Rules. This approval means that EPA finds the State Plan meets applicable Clean Air Act (CAA) requirements.

EPA is taking direct final action to approve a revision to the State Implementation Plan (SIP) submitted by the State of Missouri for the purpose of incorporating administrative changes to the Missouri rule entitled ``Municipal Solid Waste Landfills''. EPA is approving this SIP revision based on EPA's finding that the rule is as stringent as the rule it replaces and fulfills the requirements of the Clean Air Act (CAA or Act) for the protection of the ozone National Ambient Air Quality Standards (NAAQS) in St. Louis.

The Environmental Protection Agency (EPA) is finalizing its proposal to approve revisions to the Texas State Implementation Plan (SIP) for the Houston/Galveston/Brazoria (HGB) 1997 8-Hour ozone nonattainment Area (Area). The HGB Area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. Specifically, we are finalizing our proposed approval of portions of two revisions to the Texas SIP submitted by the Texas Commission on Environmental Quality (TCEQ) as meeting certain Reasonably Available Control Technology (RACT) requirements for Volatile Organic Compounds (VOC) in the HGB Area. This action is in accordance with section 110 of the federal Clean Air Act (the Act, CAA).

EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for four chemical substances which were the subject of premanufacture notices (PMNs). EPA published these SNURs using direct final rulemaking procedures. EPA received notices of intent to submit adverse comments on these rules. Therefore, the Agency is withdrawing these SNURs, as required under the expedited SNUR rulemaking process. EPA intends to publish in the near future proposed SNURs for these four chemical substances under separate notice and comment procedures.

The Environmental Protection Agency (EPA) is proposing to approve the State of Delaware's requests to redesignate to attainment the Delaware portion of the Philadelphia-Wilmington, PA-NJ-DE nonattainment area (hereafter ``the Philadelphia Area'' or ``the Area'') for both the 1997 annual and the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS or standards). EPA is also proposing to approve as revisions to the Delaware State Implementation Plan (SIP), the associated maintenance plans to show maintenance of the 1997 annual and the 2006 24-hour PM2.5 NAAQS through 2025 for the Delaware portion of the Area. EPA is also proposing to approve the motor vehicle emissions budgets (MVEBs) included in Delaware's maintenance plans for the Delaware portion of the Area for both the 1997 annual and 2006 24-hour PM2.5 standards. EPA is also proposing to determine that the Delaware portion of the Philadelphia Area continues to attain both the 1997 annual and the 2006 24-hour PM2.5 NAAQS. In addition, EPA is proposing to approve the 2007 emissions inventory for the Delaware portion of the Area for the 2006 24-hour PM2.5 NAAQS. In this rulemaking action, EPA also addresses 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 Control Rule (CSAPR); and the Court's January 4, 2013 decision to remand to EPA two final rules implementing the 1997 annual PM2.5 standard. This rulemaking action to propose approval of the 1997 annual and 2006 24-hour PM2.5 NAAQS redesignation requests and associated maintenance plans for the Delaware portion of the Philadelphia Area is based on EPA's determination that Delaware has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA) for both the 1997 annual and 2006 24-hour PM2.5 standards. EPA has taken separate rulemaking action to approve the redesignation of the New Jersey portion of the Philadelphia Area for the 1997 annual and 2006 24-hour PM2.5 NAAQS. See 78 FR 54396.

This regulation establishes tolerances for residues of fluoxastrobin in or on wheat, grain; and revises tolerances for milk; and milk, fat. Arysta LifeScience, North America, LLC, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) published a final rule for New Hampshire regarding reasonably available control technology for the 1997 8-hour ozone standard in the Federal Register on November 5, 2012. An incorrect date was identified and is corrected in this action.

The Environmental Protection Agency (EPA) is revising the format for materials submitted by the State of Alaska that are incorporated by reference (IBR) into the Alaska State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by Alaska and approved by the EPA. This format revision will primarily affect the ``Identification of plan'' section, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at the EPA Headquarters in Washington, DC, and the EPA Regional Office. The EPA is also adding a table in the ``Identification of plan'' section which summarizes the approval actions that the EPA has taken on the non-regulatory and quasi-regulatory portions of the Alaska SIP.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office previously announced in the Federal Register on March 25, 2014 (79 FR 16326-16327) an incorrect date for the teleconference of the SAB Chemical Assessment Advisory Committee Augmented for the Review of the Draft Ammonia Assessment (CAAC-Ammonia Panel).

This notice announces EPA's receipt of an application 8917- EUP-R from J.R. Simplot Company requesting an experimental use permit (EUP) for the Rpi-vnt1 gene that expresses the VNT1 protein in InnateTM 2.0 branded potato varieties. The Agency has determined that the permit may be of regional and national significance. Therefore, because of the potential significance, EPA is seeking comments on this application.

This notice announces that the Environmental Protection Agency (EPA) Region 6 issued a final permit decision for a Clean Air Act Greenhouse Gas (GHG) Prevention of Significant Deterioration (PSD) permit (PSD-TX-1288-GHG) for the La Paloma Energy Center, LLC, for the construction of the La Paloma Energy Center (LPEC).

On June 10, 2013, EPA published a notice of proposed rulemaking (NPRM) in the Federal Register entitled ``Formaldehyde Emissions Standards for Composite Wood Products.'' This document announces a public meeting for April 28, 2014, and reopens the comment period for the June 10, 2013 Federal Register document for 30 days to allow additional comments to be submitted by the public. Information obtained at the public meeting and during the comment period will be considered by the Agency when preparing the final regulations implementing the formaldehyde emission standards. In particular, EPA is requesting information related to the treatment of laminated products under the proposed regulations.