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

The Environmental Protection Agency (EPA) is taking final action to approve elements of a State Implementation Plan (SIP) submission from the State of Kansas addressing the applicable requirements of Clean Air Act (CAA) sections 110 for the 2008 National Ambient Air Quality Standards (NAAQS) for Ozone (O3), which requires that each state adopt and submit a SIP to support implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

The Environmental Protection Agency (EPA) is proposing to approve two revisions to the State Implementation Plan (SIP) submitted by the State of Missouri on May 8, 2012 and October 17, 2013, related to a Missouri rule titled ``Restriction of Emissions of Particulate Matter from Industrial Processes.'' These SIP revisions are administrative and provide the following: Updates an outdated reference in the current SIP approved rule; provides a hierarchy of compliance measurement approaches requested by EPA; provides a clarification on applicability; and, deletes redundant definitions.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the applicable state implementation plan for the State of Nevada submitted by the Nevada Division of Environmental Protection. The revisions include amended State rules related to applications for, and issuance of, permits for stationary sources, but not including review and permitting of major sources and major modifications under parts C and D of title I of the Clean Air Act. EPA is taking action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans. The intended effect of the proposed approval is to fix deficiencies in the previously-approved version of the permitting rules and to ensure that new or modified stationary sources do not interfere with attainment or maintenance of the national ambient air quality standards.

The Safe Drinking Water Act (SDWA), as amended in 1996, requires the Environmental Protection Agency (EPA) to make regulatory determinations every five years on at least five unregulated contaminants. A regulatory determination is a decision about whether or not to begin the process to propose and promulgate a national primary drinking water regulation (NPDWR) for an unregulated contaminant. These unregulated contaminants are chosen from the Contaminant Candidate List (CCL), which SDWA requires the agency to publish every five years. EPA published the third CCL (CCL 3) in the Federal Register on October 8, 2009. This notice presents the preliminary regulatory determinations and supporting rationale for 5 of the 116 contaminants listed on CCL 3. The agency is making preliminary determinations to regulate one contaminant (i.e., strontium) and to not regulate four contaminants (i.e., 1,3-dinitrobenzene, dimethoate, terbufos and terbufos sulfone). EPA seeks comment on these preliminary determinations.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Chemical Assessment Advisory Committee Augmented for the Review of the Draft Trimethylbenzenes Assessment (CAAC-TMB Panel) to discuss its draft report concerning EPA's draft Integrated Risk Information System (IRIS) Toxicological Review of Trimethylbenzenes (August 2013 Revised External Review Draft).

The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove the State Implementation Plan (SIP) submittal from Washington demonstrating that the SIP meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for fine particulate matter (PM2.5) on July 18, 1997, October 17, 2006, and December 14, 2012 (collectively the PM2.5 NAAQS). The CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIP to ensure that it meets the infrastructure requirements necessary to implement the new or revised NAAQS. On September 22, 2014, Washington certified that the Washington SIP meets the infrastructure requirements of the CAA for the PM2.5 NAAQS, except for those requirements related to the Prevention of Significant Deterioration (PSD) permitting program currently operated under a Federal Implementation Plan (FIP), certain elements of the regional haze program currently operated under a FIP, and specific requirements related to interstate transport which will be addressed in a separate submittal. The EPA is proposing to find that Washington's SIP is adequate for purposes of the infrastructure SIP requirements of the CAA with the exceptions noted above. The EPA is proposing to find that the SIP deficiencies related to PSD permitting and regional haze, however, have been adequately addressed by the existing EPA FIPs and, therefore, no further action is required by Washington or the EPA for those elements. The EPA will address the remaining interstate transport requirements in a separate action.

The Environmental Protection Agency (EPA) is proposing to approve the Commonwealth of Pennsylvania's requests to redesignate to attainment the Harrisburg-Lebanon-Carlisle-York nonattainment areas (hereafter ``the Areas'') for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). This proposed approval is contingent upon the United States Court of Appeals for the District of Columbia (D.C. Circuit Court) granting EPA's motion to lift the stay of the Cross State Air Pollution Rule (CSAPR) that the D.C. Circuit Court issued on December 30, 2011. EPA is proposing to find that the attainment of the Areas is in part due to the emissions reductions resulting from the Clean Air Interstate Rule (CAIR) in Pennsylvania and in the states upwind of Pennsylvania. Thus, if the D.C. Circuit Court lifts the stay of CSAPR and grants EPA's motion to begin implementation of CSAPR on January 1, 2015, those emission reductions originally required under CAIR will be made permanent and enforceable through the implementation of CSAPR. In addition to the redesignation requests, EPA is also proposing to determine that the Areas continue to attain the 1997 annual and the 2006 24-hour PM2.5 NAAQS. Furthermore, EPA is proposing to approve as revisions to the Pennsylvania State Implementation Plan (SIP), the associated maintenance plans to show maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS through 2025 for the Areas. The maintenance plans include the 2017 and 2025 PM2.5 and nitrogen oxides (NOX) mobile vehicle emissions budgets (MVEBs) for the Areas for the 1997 annual and the 2006 24-hour PM2.5 NAAQS which EPA is proposing to approve for transportation conformity purposes. EPA is also initiating the process to determine if these budgets are adequate for transportation conformity purposes. In addition, EPA is proposing to approve as revisions to the Pennsylvania SIP, the 2007 base year emissions inventory for the Areas for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA's proposed approvals of the maintenance plans and MVEBs for the Areas are also contingent upon the lifting of the CSAPR stay by the D.C. Circuit Court.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the California Air Resources Board portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from consumer products. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Illinois Environmental Protection Agency on January 17, 2014, concerning the state's gasoline vapor recovery requirements. The SIP revision phases out the Stage II vapor recovery program requirements in the Illinois portion of the Chicago ozone nonattainment area as a component of the Illinois ozone SIP. The SIP revision also includes amendments to the state's permitting regulations applicable to storage tanks and fuel dispensing, including repealing the Stage I vapor recovery registration provisions due to overlapping Federal notification requirements and state tracking systems for gasoline dispensing operations. Finally, the SIP revision includes other clarifying and clean-up amendments at 35 Ill. Adm. Code Parts 201, 218, and 219. The submittal also includes a demonstration under section 110(l) of the Clean Air Act that shows there are no emissions impacts associated with the removal of the program.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of West Virginia pursuant to the Clean Air Act (CAA). Whenever new or revised National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The State of West Virginia has made a submittal addressing the infrastructure requirements for the 2010 sulfur dioxide (SO2) NAAQS.

On July 21, 2014, the Environmental Protection Agency (EPA) sent the State of West Virginia (West Virginia) a letter acknowledging that West Virginia's delegation of authority to implement and enforce National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public of West Virginia's updated delegation of authority to implement and enforce NESHAP and NSPS, EPA is making available a copy of EPA's letter to West Virginia through this notice.

The Environmental Protection Agency (EPA) is taking final action to approve elements of a state implementation plan (SIP) submission by Indiana regarding the infrastructure requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA) for the 2008 lead (Pb) national ambient air quality standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. The proposed rulemaking associated with today's final action was published on August 19, 2013, and EPA received one comment letter during the comment period, which ended on September 18, 2013. The concerns raised in this letter, as well as EPA's responses, will be addressed in this final action.

The Environmental Protection Agency (EPA) is taking final action to approve elements of a state implementation plan (SIP) submission from Ohio regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. The proposed rulemaking associated with today's final action was published on July 25, 2014, and EPA received one comment pertaining to infrastructure for the 2008 ozone NAAQS during the comment period, which ended on August 25, 2014. The 2008 lead (Pb), and 2010 Nitrogen Dioxide (NO2), and 2010 Sulfur Dioxide (SO2) infrastructure SIPs were also addressed in the proposed rulemaking but will be addressed in a separate final rulemaking.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Pennsylvania State Implementation Plan (SIP). The SIP revision addresses the State Boards' requirements for all criteria pollutants of the National Ambient Air Quality Standards (NAAQS). EPA is also approving a related infrastructure element from Pennsylvania's September 24, 2012 SIP submittal for the 2008 Lead NAAQS. EPA is approving this SIP revision in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Wisconsin State Implementation Plan (SIP) submitted by the Wisconsin Department of Natural Resources (WDNR) to EPA on March 12, 2014, for parallel processing. On August 11, 2014, WDNR submitted an updated submittal with the final rules. The submittal modifies Wisconsin's Prevention of Significant Deterioration (PSD) program to identify precursors for particulate matter of less than 2.5 micrometers (PM2.5), includes the significant emissions rates for PM2.5 and emissions of particulate matter of less than 10 micrometers (PM10), and modifies the definition of PM2.5 and PM10 to include emissions that may condense to form particulate matter in permitting decisions. WDNR requested this revision to address disapprovals of two submissions meant to address requirements of the 2008 Implementation of the New Source Review (NSR) Program for PM2.5 and to address a partial disapproval under section 110 of the Clean Air Act (CAA) of what is commonly referred to as an ``infrastructure'' SIP. EPA is taking final action to approve Wisconsin's August 11, 2014, final SIP revision because the Agency has made the determination that this SIP revision is in accordance with the CAA and applicable EPA regulations regarding PSD. The proposed rulemaking was published June 30, 2014. During the comment period which ended July 30, 2014, no comments were received.

EPA's Office of Pesticides Programs (OPP) is announcing a voluntary program to document the effectiveness of agricultural pesticide spray application technologies on reducing pesticide spray drift. Under the Drift Reduction Technology (DRT) Program, agricultural equipment manufacturers would conduct (or make arrangements for a testing facility to conduct) studies to determine the percent drift reduction according to a verification protocol. Once completed, the manufacturer would submit the study to EPA for review and evaluation. As verified, these reductions could then be quantitatively credited in the environmental risk assessments used to develop the drift reduction measures appearing on the label of the pesticide product.

The Environmental Protection Agency (EPA) is proposing to approve, as a revision of the California state implementation plan (SIP), the State's request to redesignate the Yuba City-Marysville nonattainment area to attainment for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standard. EPA is also proposing to approve the PM2.5 maintenance plan and the associated motor vehicle emissions budgets for use in transportation conformity determinations necessary for the Yuba City-Marysville area. Finally, EPA is proposing to approve the attainment year emissions inventory. EPA is proposing this action because the SIP revision meets the requirements of the Clean Air Act and EPA guidance for such plans and motor vehicle emissions budgets.

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 State of Wyoming in the United States District Court for the District of Wyoming: Wyoming v. McCarthy, Civil Action No. 2:14-cv-00042-NDF (D.Wyo.). On February 25, 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 nondiscretionary duty to approve, disapprove, approve in part and disapprove in part, or conditionally approve Wyoming's nonattainment new source review state implementation plan (``NNSR SIP'') within one year of the date it was deemed complete by operation of law. The proposed consent decree would establish a deadline for EPA to take this action.

This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are extending the comment period for the proposed rule ``Definition of `Waters of the United States' Under the Clean Water Act'' published on April 21, 2014. The agencies are extending the comment period in response to stakeholder requests for an extension and to allow comments on new supporting materials.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Hazardous Waste Generator Standards (Renewal)'' (EPA ICR No. 0820.13, OMB Control No. 2050-0035) 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 October 31, 2014. Public comments were previously requested via the Federal Register (79 FR 33547) on June 11, 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), ``Oil Pollution Act Facility Response Plans (Renewal)'' (EPA ICR No. 1630.12, OMB Control No. 2050- 0135) 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 October 31, 2014. Public comments were previously requested via the Federal Register (79 FR 44768) on August 1, 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 (EPA, or the Agency) intends to evaluate whether or not the Waste Isolation Pilot Plant (WIPP) continues to comply with the Agency's environmental radiation protection standards for the disposal of radioactive waste. Pursuant to the 1992 WIPP Land Withdrawal Act (LWA), as amended, the U.S. Department of Energy (DOE, or the Department) must submit documentation of continued compliance with the EPA's standards for disposal and other statutory requirements every five years after the initial receipt of transuranic waste at WIPP. The DOE's 2014 Compliance Recertification Application (CRA) was received by the EPA on March 26, 2014, and a copy may be found on the EPA's WIPP Web site (https://www.epa.gov/radiation/wipp/ 2014application.html) and in the public dockets (see ADDRESSES Section). The EPA will determine when the DOE has provided a complete application; the Agency's completeness determination will be conveyed to the DOE and published in the Federal Register. The EPA will evaluate the ``complete'' application in determining whether the WIPP facility continues to comply with the radiation protection standards for disposal. The Agency requests public comment on all aspects of the DOE's application.

Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the payment of an annual maintenance fee is required to keep pesticide registrations in effect. The fee due last January 15, 2014, has gone unpaid for 199 registrations. If the fee is not paid, the EPA Administrator may cancel these registrations by order and without a hearing; orders to cancel these registrations have been issued.