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

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the August 6, 2014, proposed ``Protection of Stratospheric Ozone: Change of Listing Status for Certain Substitutes Under the Significant New Alternatives Policy Program'' is being extended by 14 days.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, butyl ester, polymer with 1,6-diisocyanatohexane, N-(hydroxymethyl)-2-methyl-2-propenamide and 2-propenenitrile (CAS Reg. No. 1469998-09-1) when used as an inert ingredient in a pesticide formulation. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-propenoic acid, butyl ester, polymer with 1,6- diisocyanatohexane, N-(hydroxymethyl)-2-methyl-2-propenamide and 2- propenenitrile on food or feed commodities.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Alaska State Implementation Plan (SIP). The State of Alaska (State) submitted these revisions on February 13, 2008, December 11, 2009, April 14, 2010, November 29, 2010, October 21, 2011, December 10, 2012, and January 28, 2013, to meet Clean Air Act (CAA) requirements. These revisions update the Alaska SIP to reflect changes to the National Ambient Air Quality Standards (NAAQS), area designations, and Federal permitting requirements under section 110 of the CAA. In addition, the submitted changes revise and clarify Alaska permitting rules, and remove provisions that are duplicated in other regulations. Although the EPA is approving most of the submitted revisions, the EPA is not approving certain provisions which are inappropriate for SIP approval. The EPA is also correcting the SIP to remove specific provisions that were previously approved into the SIP in error. The corrections remove provisions that implement other requirements of the CAA, are not required by section 110 of the CAA, and were not relied on by the State to demonstrate attainment or maintenance of the NAAQS or to meet other specific requirements of section 110 of the CAA. Finally, the EPA is deferring action on certain portions of the submissions, including those that adopt by reference updates to the Federal nonattainment major new source review requirements, because those revisions will be addressed in separate actions.

EPA's Office of Pesticide Programs, the U.S. Department of Agriculture (USDA), and the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services), are holding a 1-day workshop to provide a forum for stakeholders to offer scientific and technical feedback on the interim approaches that were issued in November 2013 by EPA, USDA, and the Services in response to the National Academy of Sciences (NAS) report entitled, ``Assessing Risks to Endangered and Threatened Species from Pesticides.'' The workshop is an opportunity for stakeholders and agencies to continue their dialogue on the technical aspects of implementing the NAS recommendations, building upon public meetings held in November and December 2013, April 2014, and the implementation of the enhanced stakeholder engagement process that was finalized in March 2013. The workshop is not designed to, or intended to be a decisionmaking forum; consensus will not be sought or developed at the meeting. This meeting furthers the agencies' goal of developing a consultation process for pesticide impacts on listed species that is efficient, inclusive, and transparent.

The Environmental Protection Agency (EPA) is announcing plans to hold an information and stakeholder input session on September 22, 2014 in New York City, New York to discuss implementation of the ``Water Infrastructure Finance and Innovation Act of 2014'' (WIFIA). A second session will be held on September 23, 2014 in New York City if registration for the first day exceeds room capacity. Additional information and stakeholder input sessions will be held in locations around the country through December, 2014. Locations and dates for the additional sessions will be announced when they become available. WIFIA is an innovative financing mechanism for water-related infrastructure of national or regional significance. It was signed into law on June 11, 2014 as Public Law 113-121. EPA will be providing an overview of the statute, assistance options and terms, and ideas for implementing the program. EPA would like participants to discuss project ideas and potential selection criteria; opportunities, challenges, and questions about implementation; and future stakeholder engagement. The intended audience is municipal, state, and regional utility decision makers; private finance sector representatives; and other interested organizations and parties.

The Environmental Protection Agency (EPA) is approving a November 14, 2011, request by Indiana to revise the state implementation plan (SIP) to incorporate the open burning provisions in Title 326 of the Indiana Administrative Code (IAC), Article 4, Rule 1 (326 IAC 4-1), Open Burning Rule. EPA is approving this rule for attainment counties and is taking no action on the rule for Clark, Floyd, Lake and Porter counties which are nonattainment or maintenance areas for ozone (O3) or particulate matter (PM).

On August 12, 2014, the Environmental Protection Agency (EPA) published a direct final notice of partial deletion and a proposed notice of intent for partial deletion for Operable Unit 4, Upper California Gulch; Operable Unit 5, ASARCO Smelters/Slag/Mill Sites; and Operable Unit 7, Apache Tailing Impoundment, of the California Gulch Superfund Site from the National Priorities List. The EPA is withdrawing the final notice of partial deletion due to adverse comments that were received during the public comment period. After consideration of the comments received, if appropriate, EPA will publish a notice of partial deletion in the Federal Register based on the parallel notice of intent for partial deletion and place a copy of the final partial deletion package, including a Responsiveness Summary, if prepared, in the Site repositories.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: ``Pesticide Program Public Sector Collections (FIFRA Sections 18 and 24(c))'' and identified by EPA ICR No. 2311.02 and OMB Control No. 2070-0182, represents the renewal of an existing ICR that is scheduled to expire on May 31, 2015. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

In this supplemental notice of proposed rulemaking (SNPR), the Environmental Protection Agency (EPA) is supplementing and revising what it previously proposed as its response to a petition for rulemaking filed by the Sierra Club (the Petition). By notice published on February 22, 2013, the EPA proposed its response to the Petition's requests concerning treatment of excess emissions in state rules by sources during periods of startup, shutdown or malfunction (SSM). Subsequent to that proposal, a federal court ruled that the Clean Air Act (CAA or Act) precludes authority of the EPA to create affirmative defense provisions applicable to private civil suits. As a result, in this SNPR the EPA is proposing to apply its revised interpretation of the CAA, but only with respect to affirmative defense provisions in state implementation plans (SIPs). For specific affirmative defense provisions identified in the Petition, we are revising the basis for the proposed findings of substantial inadequacy and SIP calls or proposing new findings of substantial inadequacy and SIP calls. For specific provisions that the EPA has independently identified, including SIP provisions in states not included in the February 2013 proposal notice, we are proposing new findings and SIP calls.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), notice is hereby given of a proposed consent decree, to address a lawsuit filed by WildEarth Guardians: WildEarth Guardians v. McCarthy, Civil Action No. 1:13-dv-02748-RBJ (D. Co.). On October 28, 2013, WildEarth Guardians filed a complaint alleging that the Environmental Protection Agency (EPA) had failed to perform its nondiscretionary duties to make findings that certain states had failed to submit required State Implementation Plans (SIPs) regarding the National Ambient Air Quality Standard (NAAQS) adopted by EPA for nitrogen dioxide (NO2) in January 2010. On January 24, 2014, WildEarth Guardians filed an amended complaint adding two additional states to the list for which it claimed EPA had failed to perform this nondiscretionary duty. The complaint requested that the court order EPA to make such findings. Under the terms of the proposed consent decree, EPA would agree to make those findings by November 15, 2014.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``National Volatile Organic Compound Emission Standards for Aerosol Coatings'' (EPA ICR No. 2289.03, OMB Control number 2060-0617) 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.). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through January 31, 2015. 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.

There will be a 4-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review Integrated Endocrine Activity and Exposure-based Prioritization and Screening.

EPA is required under the Toxic Substances Control Act (TSCA) to publish in the Federal Register a notice of receipt of a premanufacture notice (PMN); an application for a test marketing exemption (TME), both pending and/or expired; and a periodic status report on any new chemicals under EPA review and the receipt of notices of commencement (NOC) to manufacture those chemicals. This document covers the period from April 1, 2014 to June 30, 2014.

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the July 9, 2014, proposed rule titled ``Standards of Performance for Grain Elevators'' is being extended by 30 days.

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 (PRA) (44 U.S.C. 3501 et seq.): Submission of Unreasonable Adverse Effects Information Under FIFRA Section 6(a)(2) (EPA ICR No. 1204.12, OMB Control No. 2070-0039). The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized in this document. EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register on February 5, 2014 (79 FR 6897). With this submission, EPA is providing an additional 30 days for public review.

The Environmental Protection Agency (EPA) is taking direct final action 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 nitrogen oxides (NOX) and for ozone. This action is being taken under section 110 of the Clean Air Act (CAA).

Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will meet on the dates and times described below. All meetings are open to the public. Members of the public are encouraged to provide comments relevant to the specific issues being considered by the NEJAC. For additional information about registering for public comment, please see SUPPLEMENTARY INFORMATION. Due to limited space, seating at the NEJAC meeting will be on a first-come, first-served basis.

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its National Environmental Justice Advisory Council (NEJAC). The NEJAC was chartered to provide advice regarding broad, crosscutting issues related to environmental justice. This notice solicits nominations to fill approximately eight (8) vacancies for terms through June 15, 2017. To maintain the representation outlined by the charter, nominees will be selected to represent: Academia (1 vacancies); grassroots community-based organizations (1 vacancy); non-governmental/environmental organizations (2 vacancies); State government agencies (1 vacancy); business and industry (1 vacancy) and indigenous community-based organizations (2 vacancies). Vacancies are anticipated to be filled by May 2015. Sources in addition to this Federal Register Notice also may be utilized in the solicitation of nominees.

This regulation establishes a tolerance for residues of sulfentrazone in or on apple. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This action proposes revisions to ambient air monitoring requirements for criteria pollutants to provide clarifications to existing requirements to reduce the compliance burden of monitoring agencies operating ambient networks. This proposal focuses on reorganizing and clarifying quality assurance requirements, simplifying and reducing data reporting and certification requirements, clarifying the annual monitoring network plan public notice requirements, revising certain network design criteria for nonsource lead monitoring, and addressing other issues in part 58 Ambient Air Quality Surveillance Requirements.

Environmental Protection Agency (EPA) Regions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 are finalizing the NPDES Small Vessel General Permit (sVGP) to authorize discharges incidental to the normal operation of non-military and non-recreational vessels less than 79 feet in length. EPA is finalizing the sVGP, which has an effective date of December 19, 2014, to authorize discharges from vessels less than 79 feet in length, because the law imposing a moratorium against NPDES permitting of these discharges expires on December 18, 2014. That law generally provides that no NPDES permits shall be required for discharges (except discharges of ballast water) incidental to the normal operation of vessels less than 79 feet and all commercial fishing vessels. EPA provided notice of the availability of the draft permit and accompanying fact sheet for public comment in the Federal Register on December 8, 2011.

The Environmental Protection Agency (EPA) is approving a Texas State Implementation (SIP) revision for control of volatile organic compound (VOC) emissions from storage tanks. The revision implements additional controls in the Dallas-Fort Worth 1997 ozone nonattainment area (DFW area); modifies control requirements in the DFW area, the Houston-Galveston-Brazoria ozone nonattainment area (HGB area), the Beaumont-Port Arthur area (BPA area) and El Paso, Gregg, Nueces and Victoria Counties; and makes non-substantive changes to VOC control provisions that apply in Aransas, Bexar, Calhoun, Matagorda, San Patricio and Travis Counties. In addition, EPA finds that the SIP revision implements serious area reasonable available control technology (RACT) controls for the VOC storage source category in the DFW area and continues to implement severe area RACT for this source category in the HGB area as required by the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR) ``Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles'' (EPA ICR No. 2394.03, OMB Control No. 2060- 0678), 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 February 28, 2015. Public comments were previously requested via the Federal Register on September 15, 2011 during a 60- day comment period. This notice allows for an additional 60 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.