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

The Environmental Protection Agency (EPA) is proposing to conditionally approve revisions to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania on behalf of the Allegheny County Health Department (ACHD). This SIP revision includes amendments to the ACHD Rules and Regulations, Article XXI, Air Pollution Control, and meets the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA's Control Techniques Guidelines (CTG) standards for the following categories: miscellaneous metal and/or plastic parts surface coating processes, automobile and light-duty truck assembly coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials. Upon review of the submittal, EPA found that the average monomer volatile organic compound (VOC) content limits were referenced but not included in the regulation for fiberglass boat manufacturing materials. ACHD has committed to revising the regulation and submitting the table of VOC content limits for fiberglass boat manufacturing materials to EPA in order to address specific RACT requirements for Allegheny County. EPA is, therefore, proposing conditional approval of the revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).

Oklahoma Department of Environmental Quality (ODEQ) has applied to the Environmental Protection Agency (EPA) for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. The EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments which oppose this authorization during the comment period, the decision to authorize Oklahoma's changes to its hazardous waste program will take effect. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.

This regulation establishes a tolerance for residues of kasugamycin in or on fruit, pome. Arysta LifeScience North America, LLC (Arysta LifeScience), requested a number of tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA) which are addressed in this document.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) and the Shasta County Air Quality Management District (SHAQMD) portion of the California State Implementation Plan (SIP). We are proposing to approve local rules regarding enhanced monitoring under the Clean Air Act (CAA or the Act).

In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the collection and the estimated burden and cost.

The Environmental Protection Agency (EPA) is proposing to extend the Clean Air Act's (CAA) prohibition against the sale of conventional gasoline in reformulated gasoline (RFG) areas to the southern Maine counties of York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln. This proposal is based on a request from the Governor of the State of Maine for areas within the ozone transport region established under the CAA. The CAA does not give the EPA discretion to deny a Governor's request on this matter. The scope of the EPA's discretion is limited to establishing the date that the prohibition commences. Consistent with the Governor's request, the EPA proposes that this prohibition commence on May 1, 2015 for all refiners, importers, and distributors in the Maine counties referenced in the Governor's request, and on June 1, 2015 for all retailers and wholesale purchaser-consumers in those counties. The EPA is also adding in its RFG opt-out rules a provision to reflect that there is a four- year minimum opt-in period for areas that opt into the RFG program on the basis of their location within the ozone transport region. This clarification will align the federal regulation for RFG opt-out requirements with the CAA.

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), ``Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U.S. Environmental Protection Agency (Renewal)'' (EPA ICR No. 2260.05, OMB Control No. 2090-0029), 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 August 31, 2014. Public comments were previously requested via the Federal Register (79 FR 35751) on June 24, 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.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Significant New Alternatives Policy (SNAP) Program (40 CFR part 82, subpart G) (Renewal)'' (EPA ICR No. 1596.09, OMB Control No. 2060-0226) 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 August 30, 2014. Public comments were previously requested via the Federal Register (79 FR 15994) on March 24, 2014 during a 60-day comment period. No comments were received. 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.

Notice is hereby given of the proposed administrative settlement proceeding under sections 104, 107, and 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. 9604, 9607, and 9622(h)(1) among the Environmental Protection Agency (EPA), the Colorado Department of Public Health and Environment (CDPHE), the ``Agencies,'' and the Cotter Corporation (N.S.L.) the (Settling Party). The Cotter Corporation is the owner and operator of the uranium mill on the site since 1957. This settlement agreement applies to and is binding upon the EPA, the CDPHE and the Settling Party.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Wyoming. The revision affects Wyoming's Air Quality Standards and Regulations (WAQSR) regarding ambient standards for particulate matter and for lead (Pb). This action is being taken under section 110 of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is providing notice that it has responded to two petitions for reconsideration of a rule published in the Federal Register on August 5, 2013, that promulgated the initial air quality designations for the 2010 Primary SO2 National Ambient Air Quality Standard (NAAQS) for certain areas in the United States. The rule is titled ``Air Quality Designations for the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard.'' One petition was submitted by the Treasure State Resource Industry Association and Yellowstone County, and the other petition was submitted by the Montana Sulphur and Chemical Company (the Petitioners). The EPA carefully considered these petitions and supporting information, along with information contained in the rulemaking docket, in reaching decisions on these petitions. The EPA denied the petitions for reconsideration in separate letters to the Petitioners dated August 14, 2014. The letters explain the EPA's reasons for the denials. One of the Petitioners also requested that the EPA stay the effectiveness of the designations rule, pending reconsideration. Because the EPA denied the reconsideration requests, the EPA also denied the stay request.

On April 18, 2008, and September 23, 2009, the Environmental Protection Agency (EPA) received state implementation plan (SIP) submissions from the State of Florida, through the Florida Department of Environmental Protection (FDEP), regarding the infrastructure elements for the 1997 annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards (NAAQS) and 2006 24-hour PM2.5 NAAQS, respectively. On October 31, 2012, EPA received a SIP submission from FDEP regarding the infrastructure elements for the 2008 8-hour ozone NAAQS. Additionally, on October 22, 2013, FDEP supplemented the three aforementioned infrastructure SIP submissions. The Clean Air Act (CAA or Act) requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA. These plans are commonly referred to as ``infrastructure'' SIPs. Specifically, EPA is taking final action to approve the submissions for Florida as they relate to the 1997 annual and 2006 24-hour PM2.5 and 2008 8-hour ozone NAAQS infrastructure SIP requirements to protect visibility in other states. All other applicable infrastructure requirements for these NAAQS have been addressed in separate rulemakings. EPA is approving the elements of these infrastructure SIP submissions, as supplemented on October 22, 2013, as they relate to the protection of visibility in other states.

EPA has granted amendments, extensions, and issuances of experimental use permits (EUPs) to the pesticide applicants described in Unit II. of the SUPPLEMENTARY INFORMATION. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on Jan 31, 2015. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Area Sources: Electric Arc Furnace Steelmaking Facilities (Renewal)'' (EPA ICR No. 2277.04, OMB Control No. 2060-0608) 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 August 31, 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 contains a correction to the direct final rule, which published on May 10, 2010. Errors in the amendatory instruction are identified and corrected in this action.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. These revisions contain an updated regulation establishing reasonably available control technology (RACT) for sources of nitrogen oxides (NOX), four updated source-specific orders for either volatile organic compound (VOC) or NOX RACT, and a request to withdraw from the SIP a previously approved NOX RACT order. The intended effect of this action is to approve the updated NOX RACT regulation and updated VOC and NOX RACT orders into the New Hampshire SIP, and to also approve New Hampshire's request to remove one NOX RACT order from the SIP. This action is being taken in accordance with the Clean Air Act.

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 registration has been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

As required by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), notice is hereby given that a Section 122 (h)(l) settlement for an ability to pay party is proposed by the United States, on behalf of the Environmental Protection Agency (EPA), and Murray Towers, L.C. (Murray Towers), a Utah limited liability company, for the payment of certain response costs incurred at the Murray Laundry Site in unincorporated Salt Lake County, Utah (Site). The Site encompasses approximately 3.5 acres in unincorporated Salt Lake County, Utah. Murray Towers owns property within the Site, located at 4220 South State Street in unincorporated Salt Lake County, Utah (Property). From 1913-1977, a laundry facility operated at the Site. All the buildings associated with the historic Murray Laundry facility were demolished in 1982. Thereafter, the Site was used as a dumping ground for waste dirt, asphalt, and concrete. In 1999, underground storage tanks and perchloroethene (PCE) contaminated water were discovered. The tanks were removed, however contaminated soils remained on-Site. The EPA conducted a time-critical removal action in 2013 to address the release or threatened release of hazardous substances. The action consisted of removing contaminated soils and replacing the excavated materials with clean backfill. The Site is currently in a mixed use area, with businesses and residences. Under the proposed settlement, Murray Towers must use best efforts to transfer the Property, and relinquish 90% of the net sales proceeds, less certain agreed upon fees, to the EPA. Should the Property not be sold within three years, the Property must be auctioned and sold to the highest bidder, with the EPA still receiving 90% of the net sales proceeds. In exchange for the proceeds, the EPA will release the CERCLA lien on the Property. The proposed settlement also contains a covenant not to sue under Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a).

The Environmental Protection Agency (EPA, also, ``the Agency'' or ``we'') is proposing to grant a petition submitted by the John Deere Des Moines Works (John Deere) of Deere & Company, in Ankeny, Iowa to exclude or ``delist'' up to 600 tons per calendar year of F006/F019 wastewater treatment sludge filter cake generated by John Deere's wastewater treatment system from the list of hazardous wastes. The Agency has tentatively decided to grant the petition based on an evaluation of waste-specific information provided by John Deere. This proposed decision, if finalized, would conditionally exclude the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). This exclusion would be valid only when the wastewater treatment sludge filter cake is disposed of in a Subtitle D landfill which is permitted, licensed, or otherwise authorized by a State to manage industrial solid waste. If finalized, EPA would conclude that John Deere's petitioned waste is nonhazardous with respect to the original listing criteria and that there are no other current factors which would cause the waste to be hazardous.

This regulation establishes an exemption from the requirement of a tolerance for residues of C.I. Pigment Red 112 (CAS Reg. No. 6535- 46-2) when used as an inert ingredient seed treatment pigment not to exceed 10% weight/weight (w/w) in pesticide formulations. Clariant Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of C.I. Pigment Red 112.

The U.S. Environmental Protection Agency's (EPA) Office of Administration and Resource Management, Office of Administration, Security Management Division 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). The EPA Personnel Access and Security System (EPASS) is being created to comply with the Homeland Security Presidential Directive-12 (HSPD-12), which was issued on August 12, 2004 and signed on August 27, 2004. HSPD-12 mandates a government-wide federal standard for ensuring that identification cards issued to government employees and contractors are reliable and secure. EPASS complies with the federal requirements and will enhance security, increase efficiency, reduce identity fraud, and protect personal privacy.

The Environmental Protection Agency (EPA) proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri on May 8, 2012, related to a Missouri Rule titled, ``Certain Coals to be Washed.'' This rule requires specified coals to be washed prior to sale in the St. Louis metropolitan area. This action amends the SIP to update an outdated reference in the rule.