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

The Environmental Protection Agency (EPA) is adding a nonylphenol category to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 and section 6607 of the Pollution Prevention Act (PPA) of 1990. EPA is adding this chemical category to the EPCRA section 313 list pursuant to its authority to add chemicals and chemical categories because EPA has determined that this category meets the EPCRA section 313(d)(2)(C) toxicity criterion.

The Environmental Protection Agency (EPA) will authorize its contractor Eastern Research Group, Incorporated (ERG) to access Confidential Business Information (CBI) which has been submitted to EPA under the authority of all sections of the Resource Conservation and Recovery Act (RCRA) of 1976, as amended. EPA has issued regulations that outline business confidentiality provisions for the Agency and require all EPA Offices that receive information designated by the submitter, as CBI to abide by these provisions.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Montana on June 4, 2013. This SIP revision revises the Administrative Rules of Montana that pertain to the issuance of Montana air quality permits. The June 4, 2013 revisions contain amended and renumbered rules. In this proposed rulemaking, we are taking action on portions of the June 4, 2013 submittal. This action is being taken under section 110 of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a revision to the California Regional Haze (RH) State Implementation Plan (SIP) submitted by the California Air Resources Board (CARB) documenting that the State's existing plan is making adequate progress to achieve visibility goals by 2018. The California RH SIP revision addresses the Regional Haze Rule (RHR) requirements under the Clean Air Act (CAA) to submit a report describing progress in achieving reasonable progress goals (RPGs) to improve visibility in Federally designated Class I areas in California and in nearby states that may be affected by emissions from sources in California. EPA is proposing to approve California's determination that the existing RH SIP is adequate to meet the visibility goals, and requires no substantive revision at this time.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns a permitting rule that regulates construction and modifications of major stationary sources of air pollution. The revisions correct deficiencies in PCAPCD Rule 502, New Source Review, previously identified by EPA in a final rule dated September 24, 2013. We are proposing to approve revisions that correct the identified deficiencies.

The Environmental Protection Agency (EPA) is finalizing its withdrawal of federal water quality standards applicable to waters of the state of Florida now that Florida has adopted and EPA has approved relevant state standards. On December 6, 2010, EPA published a rule finalizing numeric nutrient standards for Florida's lakes, springs, and flowing waters outside of the South Florida Nutrient Watershed Region. The EPA established these water quality standards to protect Florida's Class I and III freshwaters from nitrogen and phosphorus pollution. On November 30, 2012, June 27, 2013, and September 26, 2013, EPA approved numeric nutrient standards adopted by the state of Florida for certain waters in the state. Some of the water body types and provisions covered by state- adopted water quality standards were also included in EPA's final inland waters rule (criteria for Florida's lakes and springs, approaches to protect downstream lakes, and a provision for developing Site-Specific Alternative Criteria). The EPA is now withdrawing the overlapping federally-promulgated water quality standards to allow Florida to implement its state-adopted, EPA-approved water quality standards to address nutrient pollution in Florida's waters. Additionally, this rule serves as final notice that EPA is not finalizing three 2012 federal proposed rules related to nutrient pollution in Florida.

The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the proposed rule published on June 18, 2014, titled ``Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units'' is being extended by 45 days.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Maricopa County Air Quality Department (MCAQD) portion of the Arizona State Implementation Plan (SIP). This revision concerns particulate matter (PM) emissions from incinerators, burn-off ovens and crematories. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

On August 14, 2014, Environmental Protection Agency (EPA) published a direct final rule (79 FR 47586) and a proposed rule; notice of intent to delete (79 FR 47610) that deleted the Monroe Auto Equipment Company (Paragould Pit) site from the Superfund National Priorities List (NPL). EPA stated in the direct final rule that if EPA received adverse comments by September 15, 2014, EPA would publish a timely notice of withdrawal in the Federal Register. Subsequently, EPA discovered scribal errors in the supporting documentation of the final direct rule. EPA will correct those errors in a subsequent final action based on the parallel proposal which published on August 14, 2014. EPA will not institute a second comment period on this final action. Unless adverse comments are received by September 15, 2014, the effective date of the final rule will be September 29, 2014.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from boilers, steam generators, and process heaters. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

The Small Communities Advisory Subcommittee (SCAS) will meet via teleconference on Friday, October 10, 2014 at 11:00 a.m.-12:00 p.m. (ET). The Subcommittee will discuss recommendations regarding environmental issues affecting small communities, specifically agricultural issues and recommendations on Clean Water Act Waters of the U.S. Proposed Rule, as well as other environmental issues such as Clean Air Act Section 111(d), and other air quality issues. This is an open meeting and all interested persons are invited to participate. The Subcommittee will hear comments from the public between 11:05 a.m.- 11:15 a.m. on October 10, 2014. Individuals or organizations wishing to address the Subcommittee will be allowed a maximum of five minutes to present their point of view. Also, written comments should be submitted electronically to eargle.frances@epa.gov. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule a time on the agenda. Time will be allotted on a first-come first-serve basis, and the total period for comments may be extended if the number of requests for presentations requires it. The Local Government Advisory Committee (LGAC) will meet via teleconference on Friday, October 10, 2014, 12:00 p.m.-1:30 p.m. (ET). The Committee will discuss recommendations of the subcommittee and LGAC workgroups including recommendations on Clean Water Act Waters of the U.S. and Clean Air Act Section 111(d) recommendations, as well as other issues important to local governments. This is an open meeting and all interested persons are invited to participate. The Committee will hear comments from the public between 12:00 p.m.-12:15 p.m. (ET) on Friday, October 10, 2014. Individuals or organizations wishing to address the Committee will be allowed a maximum of five minutes to present their point of view. Also, written comments should be submitted electronically to eargle.frances@epa.gov. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule a time on the agenda. Time will be allotted on a first-come first-serve basis, and the total period for comments may be extended if the number of requests for presentations requires it.

This notice announces EPA's approval of the State of New York's request to revise its EPA Administered Permit Programs: The National Pollutant Discharge Elimination System EPA-authorized program to allow electronic reporting.

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 registration review case closures for 3 H-1,2 Dithiol-3-one,4,5,-dichloro- (RHY-86) (case 5033) and tepraloxydim (case 7257). In addition, this document announces the Agency's intent not to open registration review cases for mepanipyrim (case 7042) and vinclozolin (case 2740) because there are no longer any active registrations containing either of these chemicals. The two case closures and the Agency's intent not to open two registration review cases being announced herein are not open for public comment.

This notice announces the availability of EPA's final registration review decisions. 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, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. 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.

The Environmental Protection Agency (EPA) is correcting a final rule that appeared in the Federal Register of September 3, 2014 (79 FR 52205). The rule redesignated 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). We are making several corrections to the table entitled ``Arizona2008 Lead NAAQS.'' In the Gila County portion of the boundary description, we are adding township T4S, R14E. Although most of this township lies in Pinal County and is listed in that portion of the table, a small area in the northeast corner of T4S, R14E lies within Gila County. Also in the Gila County portion of the boundary description, we are removing the phrase, ``except those portions in the San Carlos Indian Reservation'' because there are no tribal lands within the Gila County portions of T4S, R16E and T5S, R16E. Finally, in the Pinal County portion of the boundary description, we are adding T4S, R15E. This township, which was part of the area that was initially designated as unclassifiable for the 2008 Pb NAAQS, was inadvertently omitted from the boundary description when the area was redesignated to nonattainment.

This notice announces the availability of EPA's draft human health and ecological risk assessments for the registration review of 2-EEEBC (debacarb) and isoxaben, and opens a public comment period on these documents. 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. As part of the registration review process, the Agency has completed draft human health and ecological risk assessments, including an endangered species assessment, for all uses of the previously listed pesticide chemicals. After reviewing comments received during the public comment period, EPA will issue revised risk assessments, explain any changes to the draft risk assessments, and respond to comments and may request public input on risk mitigation before completing proposed registration review decisions for the previously listed pesticide chemicals. 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 notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an August 6, 2014 Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the August 6, 2014 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Industrial, Commercial, and Institutional Boilers and Process Heaters (Renewal)'' (EPA ICR No. 2028.08, OMB Control No. 2060-0551), 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 revision of the ICR, which is currently approved through September 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 (EPA) is taking direct final action to approve revisions to the Arizona State Implementation Plan (SIP). These revisions include two State statutes and certain State rules that govern stationary sources under the jurisdiction of the Arizona Department of Environmental Quality and that establish definitions and other general provisions; ambient air quality standards and area designations; and emissions limitations and other requirements for certain types of stationary sources. Generally, approval of these revisions updates and replaces previously approved provisions in the Arizona SIP, but the EPA is also approving a few rules that are new to the Arizona SIP and a few rescissions that remove certain other rules from the Arizona SIP without replacement. The EPA is approving these revisions because they meet all applicable requirements of the Clean Air Act.

On August 15, 2014, EPA provided public notice on the re- proposal of a National Pollutant Discharge Elimination System (NPDES) General Permit for Oil and Gas Geotechnical Surveys and Related Activities in Federal Waters of the Beaufort and Chukchi Seas (Permit No. AKG-28-4300), and established a comment deadline of September 15, 2014. In response to a request from the Alaska Eskimo Whaling Commission to reopen the comment period deadline, EPA is reopening the comment period to September 30, 2014.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds five sites to the General Superfund section of the NPL.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the West Virginia State Implementation Plan (SIP). The revision pertains to amendments of West Virginia's Legislative Rule on Ambient Air Quality Standards which change the effective date of the incorporation by reference of the National Ambient Air Quality Standards (NAAQS) as well as their monitoring reference and equivalent methods. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

On July 21, 2014, EPA published in the Federal Register (79 FR 42314) a Notice of Proposed Determination, under Section 404(c) of the Clean Water Act, to restrict the use of certain waters in the South Fork Koktuli River, North Fork Koktuli River, and Upper Talarik Creek watersheds in Southwest Alaska as disposal sites for dredged or fill material associated with mining the Pebble deposit, a copper-, gold-, and molybdenum-bearing ore body. The notice established a public comment period that ended September 19, 2014. EPA also held seven hearings throughout Southwest Alaska during the week of August 11, 2014. More than 830 community members participated in the seven hearings, more than 300 of whom provided oral statements. In addition to testimony taken at the hearings, as of September 11, 2014, EPA had received over 155,000 written comments. EPA expects that number will be significantly larger at the conclusion of the comment period on September 19, 2014. EPA's regulations require that, within 30 days after the conclusion of public hearings (but not before the end of the comment period), the Regional Administrator either withdraw the Proposed Determination or prepare a Recommended Determination (40 CFR 231.5(a)). However, upon a showing of good cause, EPA may extend this time requirement (40 CFR 231.8). To allow full consideration of the extensive administrative record, including public comments, EPA finds there is good cause to extend the time period provided in 40 CFR 231.5(a). The time period to either withdraw the Proposed Determination or to prepare the Recommended Determination is therefore extended until no later than February 4, 2015.