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

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 the Sierra Club (``Plaintiff''), in the United States District Court for the Eastern District of Pennsylvania: Sierra Club v. McCarthy, No. 2:13-cv-06115-JCJ (E.D.Pa.). On October 18, 2013, Plaintiff filed a complaint that EPA failed to perform a non- discretionary duty to grant or deny seven petitions timely submitted by Plaintiff in 2012, requesting that EPA object to CAA title V operating permits issued by the Pennsylvania Department of Environmental Protection for seven coal-fired power plants located in Pennsylvania. Under the terms of the proposed consent decree, EPA would be required to sign its response for two of Plaintiff's petitions by July 31, 2014, or within 30 days of the entry of this Consent Decree, whichever is later, and would be able to defer action on the other five petitions.

This regulation establishes tolerances for residues of cyflumetofen 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).

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order. For those end-use products listed in Table 2 of Unit II, the cancellations will be effective December 31, 2016, as described in Unit II.

In its response to a citizen petition submitted under section 21 of the Toxic Substances Control Act (TSCA), EPA indicated that as a first step, it would convene a stakeholder process to develop an approach to obtain information on chemical substances and mixtures used in hydraulic fracturing. To gather information to inform EPA's proposal, the Agency is issuing this advance notice of proposed rulemaking (ANPR) and initiating a public participation process to seek comment on the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information. This mechanism could be regulatory (under TSCA section 8(a) and/or section 8(d)), voluntary, or a combination of both and could include best management practices, third- party certification and collection, and incentives for disclosure of this information. In addition, the Agency is seeking comment on ways of minimizing reporting burdens and costs and of avoiding the duplication of state and other federal agency information collections, while at the same time maximizing data available for EPA risk characterization, external transparency, and public understanding. Also, EPA is soliciting comments on incentives and recognition programs that could be used to support the development and use of safer chemicals in hydraulic fracturing.

The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) revision submitted by the State of Hawaii on April 04, 2014, pursuant to the requirements of the Clean Air Act (CAA or the Act) for the 2008 8-Hour Ozone and the 2010 Nitrogen Dioxide national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA. We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen emissions from large water heaters, boilers, steam generators, and process heaters. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act).

The Director of the Office of Ecosystem Protection, EPA Region 1, is providing a notice of availability of draft National Pollutant Discharge Elimination System (NPDES) general permits for non- contact cooling water discharges to certain waters of the Commonwealth of Massachusetts and the State of New Hampshire. These General Permits replace the Non-contact Cooling Water General Permit (NCCW GP) that expired on July 31, 2013.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG), Full Committee will hold a 2-day meeting, beginning on June 9, 2014 and ending June 10, 2014. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period October 1, 2013 to March 31, 2014 to control unforeseen pest outbreaks.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Commonwealth of Pennsylvania's (Pennsylvania) State Implementation Plan (SIP). The revisions consist of an update to the SIP approved Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NOX) for the 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) SIP for the Allentown-Bethlehem-Easton 1997 8- Hour Ozone NAAQS Maintenance Area (Allentown Maintenance Area). Also, part of this SIP revision is an update to the point source inventory for NOX. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

EPA is proposing to approve revisions to the State Implementation Plan (SIP) for the state of Iowa. This proposed rulemaking will amend the SIP to include revised permitting regulations that will allow facilities to construct or modify existing sources in areas that are not in attainment with the National Ambient Air Quality Standards. The rules being revised are Chapter 20, ``Scope of Title- Definitions-Forms-Rules of Practice,'' Chapter 22, ``Controlling Pollution,'' Chapter 31, ``Nonattainment Areas,'' and Chapter 33, ``Special Regulations and Construction Permit Requirements for Major Stationary SourcesPrevention for Significant Deterioration of Air Quality.'' The provisions from previous nonattainment permitting rules are being retained and are now relocated to Chapter 31 ``Nonattainment Areas''. EPA is also proposing SIP approval to update the rule revisions for the definition of excess emissions and conformity of general actions rule.

The Environmental Protection Agency (EPA) is finalizing approval of revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on March 10, 2014 and concerns the District's reasonably available control technology (RACT) requirements under the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). We are approving this document under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) intends to transfer confidential business information (CBI) collected from numerous industries to NEK Associates (NEK), a newly retained subcontractor of Eastern Research Group (ERG). Transfer of the information will allow the contractor and subcontractor to support EPA in the planning, development, and review of effluent limitations guidelines and standards under the Clean Water Act (CWA). Interested persons may submit comments on this intended transfer of information to the address noted below.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the Chartered Science Advisory Board Panel to discuss planned actions identified in the agency's regulatory agenda and the adequacy of their supporting science.

The Environmental Protection Agency's (EPA) recommended water quality criteria provide technical information for states and authorized tribes to adopt water quality standards under the Clean Water Act to protect human health. EPA is announcing the release of the External Peer Review Draft Aquatic Life Ambient Water Quality Criterion for SeleniumFreshwater 2014 (EPA-822-P-14-001) for public comment. Following closure of the public comment period, an EPA contractor will organize and conduct an independent expert external letter peer review of the draft criterion document. Public comments will be made available to the peer reviewers for consideration during their review. This external peer review draft criterion document does not represent and should not be construed to represent any final EPA policy, viewpoint, or determination.

The Environmental Protection Agency (EPA) is proposing to approve a portion of the State Implementation Plan submittal from the State of Oregon to address Clean Air Act interstate transport requirements in section 110(a)(2)(D)(i)(I) for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards. The Clean Air Act requires that each State Implementation Plan contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. The EPA is proposing to determine that Oregon's existing State Implementation Plan contains adequate provisions to ensure that air emissions in Oregon do not significantly contribute to nonattainment or interfere with maintenance of the 2006 24-hour PM2.5 National Ambient Air Quality Standard in any other state.

EPA issued a proposed rule in the Federal Register issue of March 19, 2014, concerning protections from pesticides for agricultural workers. This document extends the comment period for 60 days, from June 17, 2014, to August 18, 2014. The comment period is being extended to provide additional time for commenters to prepare their responses.

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 rules necessary to allow for implementation of revised National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5), lead, and sulfur dioxide (SO2) as they apply to construction permit exemptions. The spray booth ``permit by rule'' proposed revision will add content limits for lead-containing spray materials. The updated Federal references for the revised NAAQS are also included in this revision. EPA is also proposing to approve revisions to the Iowa Title V Operating Permits Program to modify requirements for insignificant activities. The changes will correspond to the revisions to the construction permit exemptions amended with this SIP revision.

EPA has authorized its contractor, Electronic Consulting Services Federal Inc. (ECS) of Fairfax, VA and its subcontractors, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may have been claimed or determined to be Confidential Business Information (CBI).

The Environmental Protection Agency (EPA) is proposing performance specifications and test procedures for hydrogen chloride continuous emission monitoring systems to provide sources and regulatory agencies with criteria and test procedures for evaluating the acceptability of hydrogen chloride continuous emission monitoring systems. The proposed specification (Performance Specification 18) includes requirements for initial acceptance including instrument accuracy and stability assessments. This action also proposes quality assurance procedures for hydrogen chloride continuous emission monitoring systems used for compliance determination at stationary sources. The quality assurance procedures (Procedure 6) specify the minimum quality assurance requirements necessary for the control and assessment of the quality of continuous emission monitoring systems data submitted to the EPA. This action would establish consistent requirements for ensuring and assessing the quality of data measured by hydrogen chloride continuous emission monitoring systems. The affected systems are those used for determining compliance with emission standards for hydrogen chloride on a continuous basis as specified in an applicable permit or regulation. The affected industries and their North American Industry Classification System codes are listed in the SUPPLEMENTARY INFORMATION section of this preamble.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed consent decree to address a lawsuit filed by WildEarth Guardians in the United States District Court for the District of Colorado: WildEarth Guardians v. McCarthy, Civil Action No. 1:13-cv-03457-JLK (D. Colo.). On December 23, 2013, Plaintiffs filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to take action on an application for an Operating Permit under Title V of the CAA, and EPA's implementing regulations for the Deseret Bonanza coal-fired power plant, which is located in Uintah County in northeastern Utah, within the Uintah and Ouray Indian Reservation, in the timeframe required. The proposed consent decree would establish deadlines for EPA to take such action.

EPA is announcing the availability of draft updated national recommended water quality criteria for the protection of human health for the purpose of obtaining public comments. EPA has updated its national recommended water quality criteria for human health for ninety-four chemical pollutants to reflect the latest scientific information and current EPA policies. This draft update is based on EPA's current methodology for deriving human health criteria as described in ``Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000)'' and does not establish new policy. EPA's recommended water quality criteria provide technical information for States and authorized Tribes to establish water quality standards under the Clean Water Act to protect human health.

Environmental Protection Agency (EPA) is taking final action to approve a request submitted on June 21, 2012, by the Georgia Department of Natural Resources, through Georgia Environmental Protection Division (GA EPD), 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). The Macon Area is comprised of Bibb County and a portion of Monroe County in Georgia. EPA's approval of the redesignation request is based on the determination that Georgia has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA or Act). EPA is also approving a revision to the Georgia State Implementation Plan (SIP) to include the 1997 Annual PM2.5 maintenance plan for the Macon Area. Additionally, EPA is approving 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. Furthermore, EPA is approving a determination that the Area is expected to maintain the 1997 Annual PM2.5 NAAQS through the year 2024. EPA is also correcting an inadvertent error in the proposed rulemaking for this action.

The Environmental Protection Agency (EPA) is proposing a rule directing state and tribal air agencies (air agencies) to provide data to characterize current air quality in areas with large sources of sulfur dioxide (SO2) emissions if such areas do not have sufficient air quality monitoring in place to identify maximum 1-hour SO2 concentrations. The proposed rule describes criteria for identifying the sources around which air agencies would need to characterize SO2 air quality. It also describes a process and timetables by which air agencies would characterize air quality around sources through ambient monitoring and/or air quality modeling techniques and submit such data to the EPA. The EPA has issued separate non-binding draft technical assistance documents on how air agencies can conduct such monitoring or modeling. The air quality data developed by the states in accordance with this rulemaking would be used by the EPA in future rounds of area designations for the 1-hour SO2 National Ambient Air Quality Standards (NAAQS).

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of response costs incurred for the Absorbent Technologies Site located at 140 Queen Avenue SW., and 2830 Ferry Street SW., in Albany, Oregon. Under this proposed settlement, the settling parties are David L. Ellis, Pamela L. Ellis, Farouk H. Al-Hadi, Lombard Foods, Inc., an Oregon corporation, and the Bankruptcy Estate of Absorbent Technologies, Inc. The proposed settlement requires the settling parties to pay $250,000 to the EPA Hazardous Substance Superfund. Upon payment of this sum to EPA, the settling parties will be released from their obligations for payments to EPA for costs EPA incurred between October 15, 2013 and January 31, 2014. EPA has incurred additional response since January 31, 2014, and this settlement does not provide the settling parties with a release for claims for reimbursement of responses costs incurred after January 31, 2014. However, pursuant to the terms of the Settlement Agreement, EPA agrees not to file claims against the Bankruptcy Estate of Absorbent Technologies, Inc. in its bankruptcy proceeding. For 30 days following the date of publication of this notice, the EPA will receive written comments relating to the proposed settlement. The EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The EPA's response to any comments received will be available for public inspection at the U.S. EPA Region 10 Office, located at 1200 Sixth Avenue, Seattle, Washington 98101.