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

The Environmental Protection Agency (EPA) proposes to disapprove a December 5, 2012, request from the state of Indiana to redesignate Lake and Porter Counties to attainment of the 2008 eight- hour ozone National Ambient Air Quality Standard (NAAQS or standard) because Indiana has not demonstrated that the Chicago-Naperville, Illinois-Indiana-Wisconsin (IL-IN-WI) ozone nonattainment area (Chicago nonattainment area), which includes Lake and Porter Counties, has attained this NAAQS. EPA proposes to take no action on Indiana's ozone maintenance plan and Motor Vehicle Emission Budgets (MVEBs), submitted with Indiana's ozone redesignation request, since approval of these State Implementation Plan (SIP) components is contingent on the attainment of the ozone standard.

EPA Region 5 is issuing a Notice of Intent to Delete Operable Unit 2 (OU2) of the Naval Industrial Reserve Ordnance Plant (NIROP) Superfund Site (Site), located in Fridley, Minnesota, 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 with the concurrence of the State of Minnesota, through the Minnesota Pollution Control Agency (MPCA), has determined that all appropriate response actions under CERCLA at the OU, identified herein, other than operation, maintenance, and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund. EPA divided the NIROP Site into three portions, known as OUs, for ease of addressing its contaminant issues. This partial deletion pertains to the OU2 portion of NIROP, which includes all the unsaturated soils within the legal boundaries of the NIROP Superfund Site exclusive of unsaturated soils underlying the former Plating Shop Area (see Site Map in the SEMS ID 446572 document listed in the Deletion Docket for OU2). The following areas will remain on the NPL and are not being considered for deletion as part of this action: OU1 and OU3. OU1 includes the contaminated groundwater within and originating from the NIROP Superfund Site. OU3 includes all the unsaturated soils underlying the former Plating Shop Area.

The Environmental Protection Agency (EPA) is announcing the availability of a final document titled Integrated Review Plan for the Primary National Ambient Air Quality Standards for Nitrogen Dioxide (IRP). This document contains the plans for the review of the air quality criteria for health for oxides of nitrogen and the primary national ambient air quality standards (NAAQS) for nitrogen dioxide (NO2). The primary NO2 NAAQS provide for the protection of public health from exposure to oxides of nitrogen in ambient air.

This action proposes amendments to the national emission standards for hazardous air pollutants for petroleum refineries to address the risk remaining after application of the standards promulgated in 1995 and 2002. This action also proposes amendments to the national emission standards for hazardous air pollutants for petroleum refineries based on the results of the Environmental Protection Agency (EPA) review of developments in practices, processes and control technologies and includes new monitoring, recordkeeping and reporting requirements. The EPA is also proposing new requirements related to emissions during periods of startup, shutdown and malfunction to ensure that the standards are consistent with court opinions issued since promulgation of the standards. This action also proposes technical corrections and clarifications for new source performance standards for petroleum refineries to improve consistency and clarity and address issues raised after the 2008 rule promulgation. Implementation of this proposed rule will result in projected reductions of 1,760 tons per year (tpy) of hazardous air pollutants (HAP), which will reduce cancer risk and chronic health effects.

EPA invites the public to nominate scientific experts to be considered as peer reviewers for the draft document entitled, ``Approach for Estimating Exposures and Incremental Health Effects from Lead During Renovation, Repair, and Painting Activities in Public and Commercial Buildings'' (Technical Approach Document). A nominee, if selected, will assess the accuracy, content, and interpretation of findings of the Technical Approach Document, ensuring that they are factual and scientifically sound. The peer review will assure the Agency of the soundness of the technical approach.

The Environmental Protection Agency (EPA or the Agency) is revising certain export provisions of the cathode ray tube (CRT) final rule published on July 28, 2006. The revisions will allow the Agency to better track exports of CRTs for reuse and recycling in order to ensure safe management of these materials.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Emission Guidelines for Commercial and Industrial Solid Waste Incineration (CISWI) Units (40 CFR part 60, Subpart DDDD) (Renewal)'' (EPA ICR No. 2385.06, OMB Control No. 2060-0664) 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 June 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 has submitted an information collection request (ICR), NESHAP for Group I Polymers and Resins (40 CFR Part 63, Subpart U) (Renewal) (EPA ICR No. 2410.03, OMB Control No. 2060-0665), 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 June 30, 2014, 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.

EPA has submitted the following information collection request (ICR) 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.): Plant Incorporated Protectants; CBI Substantiation and Adverse Effects Reporting (EPA ICR No. 1693.08, OMB Control No. 2070- 0142). EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register on September 25, 2013 (78 FR 59014). With this submission, EPA is providing an additional 30 days for public comments. 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.

EPA has submitted the following information collection request (ICR), 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.): Chemical-Specific Rules, TSCA Section 8(a) (EPA ICR No. 1198.10, OMB Control No. 2070-0067). EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register on November 22, 2013 (78 FR 70037). With this submission, EPA is providing an additional 30 days for public comments. 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.

Due to the receipt of an adverse comment, EPA is withdrawing the May 22, 2014, direct final rule approving a revision to the Illinois State Implementation Plan (SIP). EPA will address the comment in a subsequent final action based upon the proposed rulemaking action, also published on May 22, 2014. EPA will not institute a second comment period on this action.

The Environmental Protection Agency has submitted an information collection request (ICR), NSPS for Asphalt Processing and Roofing Manufacture (40 CFR Part 60, Subpart UU) (Renewal) (EPA ICR No. 0661.10, OMB Control No. 2060-0002), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through June 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 has submitted an information collection request (ICR), NESHAP for Vinyl Chloride (40 CFR part 61, Subpart F) (Renewal)'' (EPA ICR No. 0186.13, OMB Control No. 2060-0071), 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 June 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 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.

With this document, EPA is opening the public comment period for several registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. This document also announces the Agency's intent not to open a registration review docket for inorganic thiosulfate. This pesticide does not currently have any actively registered pesticide products and is not, therefore, scheduled for review under the registration review program. EPA is also announcing the availability of amended final work plan (FWP) for Meta-Cresol (Cresol) and Xylenol. Furthermore, this document also announces the registration review case closure for the pesticide 2- Mercaptobenzothiazole for non-payment of maintenance fees for the last remaining registration.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a teleconference of the Environmental Justice Technical Guidance (EJTG) Review Panel. A public teleconference will be held to discuss the draft report of the panel.

This notice announces that, on April 15, 2014, pursuant to the Federal Minor New Source Review (NSR) Program in Indian Country, the Environmental Protection Agency (EPA) issued a minor new source review construction permit to the White Earth Nation of the Minnesota Chippewa Tribe for the Shooting Star Casino and Event Center in Mahnomen, Minnesota. The casino is located on the White Earth Nation's reservation. White Earth Nation owns and operates the Shooting Star Casino and Event Center, including two fuel oil-fired boilers and two propane-fired boilers used for space heating. The final minor NSR construction permit authorizes the construction of a new biomass-fired boiler and establishes annual operating hour limitations on the new and existing boilers at the casino.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the States of Maine and New Hampshire. The revisions primarily update state regulations containing ambient air quality standards (AAQS) consistent with EPA's national ambient air quality standards (NAAQS). The intended effect of this action is to approve these requirements into the Maine and New Hampshire SIPs. This action is being taken in accordance with the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is extending the comment period for the draft updated national recommended water quality criteria for the protection of human health announced in a previous notice entitled ``Updated National Recommended Water Quality Criteria for the Protection of Human Health.'' In response to stakeholder requests, the EPA is extending the period of time in which the Agency will accept scientific views for an additional 30 days.

On May 19, 2014, the Environmental Protection Agency (EPA) determined that the Bois Forte Band of Chippewa (Bois Forte) had submitted a complete application under section 404 of the Toxic Substances Control Act (TSCA) requesting authorization to administer and enforce the requirements for TSCA sections 402(a), 402(c), and 406(b) in accordance with the provisions of TSCA for trust lands located within the exterior boundaries of the reservation. These programs ensure that: Individuals engaged in certain work that may disturb lead-based paint, including but not limited to abatement and renovation, are properly trained; that training programs are accredited; that contractors engaged in such activities are certified; that owners and occupants of target housing and/or child-occupied facilities are provided information concerning potential hazards of lead-based paint exposure before certain renovations are begun; and that the required work is performed in accordance with work practice standards. This notice announces receipt of the Bois Forte Band of Chippewa's application and request for authorization to administer the program in lieu of the federal program. EPA has determined that the Bois Forte application is complete, and is now providing a 45-day public comment period and opportunity to request a public hearing.

Notice is hereby given that, pursuant to Clean Water Act Section 312(f)(3), the State of New York has determined that the protection and enhancement of the quality of the New York State (NYS or the State) area of Lake Erie requires greater environmental protection, and has petitioned the United States Environmental Protection Agency, Region 2, for a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for those waters, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters. NYS has proposed to establish a ``Vessel Waste No Discharge Zone'' for the NYS area of Lake Erie stretching from the Pennsylvania-New York State boundary to include the upper Niagara River to Niagara Falls. The proposed No Discharge Zone encompasses approximately 593 square miles and 84 linear shoreline miles, including the navigable portions of the Upper Niagara River and numerous other tributaries and harbors, embayments of the Lake including Barcelona Harbor, Dunkirk Harbor and Buffalo Outer Harbor, and other formally designated habitats and waterways of local, state, and national significance. On December 6, 2012, the EPA completed a review of NYS's petition and issued a tentative affirmative determination in the Federal Register that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels for such waters are reasonably available. During the 30-day public comment period, the EPA received significant comments regarding the availability of adequate pumpouts for commercial vessels. Specifically, two commenters submitted that the December 6, 2012 notice did not contain adequate information about the availability of pumpout facilities for large commercial vessels. Subsequently, the EPA and New York State collected additional information to demonstrate the reasonable availability of pumpout services for commercial vessels that use the New York area of Lake Erie.

This action announces the U.S. Environmental Protection Agency's (EPA's) approval of alternative testing methods for use in measuring the levels of contaminants in drinking water and determining compliance with national primary drinking water regulations. The Safe Drinking Water Act (SDWA) authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 21 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection.

The Environmental Protection Agency (EPA) is updating the materials submitted by the State of Nevada that are incorporated by reference (IBR) into the Nevada State Implementation Plan (SIP). In this action, EPA is also notifying the public of the correction of certain typographical errors within the IBR table. The regulations affected by this update have been previously submitted by the State of Nevada and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Regional Office.

This regulation amends tolerances for residues of pyroxasulfone in or on corn, field, forage and corn, field, grain. K-I Chemical U.S.A. Inc. c/o Landis International, Inc. requested these amended tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).