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

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 the Sierra Club in the United States District Court for the District of Columbia: Sierra Club v. McCarthy, Civil Case No. 1:14-cv-00222 (D.D.C.). On February 17, 2014, Plaintiff filed a complaint which alleged that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform a mandatory duty to promulgate a Federal Implementation Plan (``FIP'') for Montana's Prevention of Significant Deterioration (``PSD'') program to properly regulate nitrogen oxides as an ozone precursor. The proposed consent decree would establish a deadline for EPA to take this action.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 2, of two proposed settlement agreements pursuant to Sections 106 and 122 of CERCLA, for Removal Action by Bona Fide Prospective Purchaser (``Settlement Agreements''), entered into by and between EPA, Region 2, LSG 363 Bond Street LLC and LSG 365 Bond Street LLC (``Purchasers'') (collectively, the ``Parties'') under CERCLA. Under the Settlement Agreements, the Purchasers agree to perform a removal action and pay certain response costs in connection with the Gowanus Canal Superfund Site (``Site'') located in Brooklyn, Kings County, New York and properties located at 388 Carroll Street, 363 Bond Street, and 365 Bond Street, Brooklyn, New York (collectively, the ``Properties''). The Settlement Agreements include a covenant by EPA not to sue or to take administrative action against the Purchasers pursuant to Sections 106 and 107 of CERCLA, with regard to the Existing Contamination, as defined in the Settlement Agreements. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the Settlement Agreements. EPA will consider all comments received and may modify or withdraw its consent to the Settlement Agreements if comments received disclose facts or considerations that indicate that the proposed Settlement Agreements are inappropriate, improper or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region 2 offices, 290 Broadway, New York, New York 10007-1866.

This regulation establishes an exemption from the requirement of a tolerance for residues of sulfuric acid (CAS Reg. No. 7664-93-9), when used as an inert ingredient, in antimicrobial formulations, on food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils. Exponent, Inc., on behalf of Ecolab, Inc., 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 sulfuric acid.

The U.S. Environmental Protection Agency (EPA) is providing notice that it has responded to a petition from the Sierra Club that requests the EPA to redesignate as nonattainment 57 areas with 2012 design values violating the 2008 national ambient air quality standards (NAAQS) for ozone. The petition also requests that the EPA set specific boundaries for the areas. The EPA Administrator denied the petition in letters to the signatories of the petition dated August 14, 2014. The letters explain the EPA's reasons for the denial and are available in the rulemaking docket.

EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for 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 six chemical substances under separate notice and comment procedures.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the State Implementation Plan (SIP) submitted by the State of Missouri and received by EPA on July 18, 2013, related to the Missouri rule that controls Gasoline Reid Vapor Pressure (RVP) in the Kansas City metropolitan area. This action amends the SIP by updating no longer existing references to certain sampling procedures and test procedures.

This regulation establishes and revises tolerances for residues of saflufenacil 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 section 107(d)of the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is redesignating the Hayden area, which encompasses portions of southern Gila and eastern Pinal counties, Arizona, from ``unclassifiable'' to ``nonattainment'' for the 2008 national ambient air quality standards (``NAAQS'' or ``standards'') for lead (Pb). EPA's redesignation of the Hayden area is based on recorded violations of the Pb standards at the Arizona Department of Environmental Quality's (ADEQ's) Globe Highway monitoring site, located near the towns of Hayden and Winkleman, Arizona, and additional relevant air quality information. The effect of this action will be to redesignate the Hayden area to nonattainment for the Pb standards and thereby to impose certain planning requirements on the State of Arizona to reduce Pb concentrations within the Hayden area, including, but not limited to, the requirement to submit, within 18 months of redesignation, a revision to the Arizona state implementation plan (SIP) that provides for attainment of the Pb standards as expeditiously as practicable, but no later than five years after the effective date of this redesignation.

This notice announces applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and/ or the Stratospheric Ozone Protection Program.

The Environmental Protection Agency (EPA) is approving the Clean Air Act section 111(d)/129 State Plan revisions for Large and Small Municipal Waste Combustors (MWCs) submitted by the New Hampshire Department of Environmental Services (DES) on January 29, 2009 with amendments submitted on February 13, 2009. The revised State Plan is in response to amended emission guidelines (EGs) and new source performance standards (NSPS) for Large MWCs promulgated by EPA on May 10, 2006 and the strengthening of emission limits on Small MWCs as enacted by the New Hampshire General Court in 2005. New Hampshire DES's State Plan is for implementing and enforcing provisions at least as protective as the EPA EGs applicable to existing Large and Small MWC units.

The Environmental Protection Agency (EPA) is taking final action to approve a state implementation plan revision submitted by the State of California to meet the vehicle miles traveled emissions offset requirement under the Clean Air Act for the 1-hour ozone and 1997 8- hour ozone national ambient air quality standards in the Los Angeles- South Coast Air Basin (``South Coast''). The EPA is approving this revision because it demonstrates that California has put in place specific enforceable transportation control strategies and transportation control measures to offset the growth in emissions from the growth in vehicle miles traveled and vehicle trips in the South Coast, and thereby meets the applicable requirements of the Clean Air Act.

The State of Texas 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 direct 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 Texas' 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.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Arizona State Implementation Plan (SIP) concerning 2008 and 2010 emissions inventories for the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS) for the Nogales PM2.5 nonattainment area. We are approving these annual emissions inventories under the Clean Air Act (CAA or the Act).

EPA is finalizing significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 36 chemical substances which were the subject of premanufacture notices (PMNs). Seventeen of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture or process any of these 36 chemical substances for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. The required notification provides EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

The Environmental Protection Agency (EPA) is finding that the North Coast Air Quality Management District (NCAQMD or District), located in California, has not made a necessary Prevention of Significant Deterioration (PSD) State Implementation Plan (SIP) submission to address the PSD permitting of PM2.5 emissions, as required by the Clean Air Act (CAA). Specifically, the EPA is determining that NCAQMD has not submitted a SIP revision to address the PM2.5 PSD increments and implementing regulations as promulgated by EPA on October 20, 2010. The deadline for the District to make the required submittal was July 20, 2012. The CAA requires EPA to promulgate a Federal Implementation Plan (FIP) to address the outstanding PSD SIP elements by no later than 24 months after the effective date of this finding. EPA is making this finding in accordance with section 110 and part C of the CAA.