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

On February 24, 2014, the Wisconsin Department of Natural Resources (WDNR) submitted revisions to the limits found in its nitrogen oxides (NOX) combustion turbine rule for the Milwaukee-Racine area formerly nonattainment for the 1997 ozone standard. This revision is contained in ``2013 Wisconsin Act 91Senate Bill 371,'' which provides for alternative NOX requirements, subject to Environmental Protection Agency (EPA) approval on a case-by- case basis, to determine whether these alternative limits satisfy the reasonably available control technology (RACT) requirements of the Clean Air Act (CAA). EPA proposed to approve this rule as a revision to the State Implementation Plan on April 30, 2014 and received adverse comments. EPA is issuing this supplemental proposal to revise and expand the basis for proposing approval of the SIP revision. This supplemental proposal addresses the issue of whether the SIP revision satisfies certain anti-backsliding requirements of the CAA. EPA is seeking comment only on the potential anti-backsliding issue, and is not re-opening for comment other issues raised in its prior proposal.

The Environmental Protection Agency (EPA) is taking final action under the Clean Air Act (CAA) to approve a revision to the New Mexico Regional Haze State Implementation Plan (SIP) that addresses the Best Available Retrofit Technology (BART) requirement for oxides of nitrogen (NOX) for the Public Service Company of New Mexico (PNM) San Juan Generating Station (SJGS) in San Juan County, New Mexico. EPA is also taking final action under the CAA to approve a revision to the New Mexico Visibility Transport SIP that addresses the CAA requirement that emissions from sources in New Mexico do not interfere with programs in other states to protect visibility. The SIP meets this requirement through emission limitations for NOX and sulfur dioxide (SO2) at SJGS.

This action informs the public that on February 27, 2014, the EPA authorized automatic delegation to implement and enforce Clean Air Act (CAA) New Source Performance Standards (NSPS) to the states of Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming (hereafter Region 8 states). Also in this action, EPA is taking direct final action to delete the delegation status table of NSPS for Region 8 states in the Code of Federal Regulations (CFR) and replace it with a Web page address reflecting current delegation status of Region 8 states.

This regulation establishes an exemption from the requirement of a tolerance for residues of Pseudomonas fluorescens strain D7 in or on all food commodities when used in accordance with label directions and good agricultural practices. Ag-Chem Consulting, agent for Northwest Agricultural Products 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 Pseudomonas fluorescens strain D7 under FFDCA.

A simultaneous workshop and webinar on a regional test version of the Spatial Aquatic Model (SAM) will be held on October 29, 2014. This Notice announces the location and time for the meeting and provides a tentative list of topics to be covered in the meeting. With the development of SAM, EPA will be able to determine the magnitude, length, and duration of exposure to a chemical as well as where the exposure may occur.

Under the Federal Advisory Committee Act, Public Law 92463, the Environmental Protection Agency (EPA) gives notice of a public teleconference of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT members represent academia, industry, non- governmental organizations, and local, state, and tribal governments. The purpose of this committee meeting is for NACEPT to continue developing sustainability strategies to strengthen the Agency's core business principles and practices outlined in the FY2014-2018 EPA Strategic Plan. A copy of the meeting agenda will be posted at https:// www2.epa.gov/faca/nacept.

Florida has applied to the Environmental Protection Agency (EPA) for final authorization of 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 rule. In the ``Proposed Rules'' section of today's Federal Register, EPA is also publishing a separate document that serves as the proposal to authorize these changes. EPA believes this action is not controversial and does not expect comments that oppose it. Unless EPA receives written comments that oppose this authorization during the comment period, the decision to authorize Florida's changes to its hazardous waste program will take effect. If EPA receives comments that oppose this action, EPA will publish a document in the Federal Register withdrawing today's immediate final rule before it takes effect, and the separate document published in today's ``Proposed Rules'' section of this Federal Register will serve as the proposal to authorize the changes.

The Environmental Protection Agency (EPA) proposes to extend coverage under an existing Clean Water Act Section (CWA) 404(c) exception for the continued operation and maintenance of a portion of an electrical transmission line and a portion of a distribution line at the Bayou aux Carpes site in Jefferson Parish, Louisiana. The extension will authorize minimal discharges (approximately 1.35 cubic yards) to wetlands of dredged or fill material associated with ongoing activities by Entergy Louisiana, L.L.C. (Entergy) in order to provide electrical service to residential, commercial, military, industrial, and other facilities in nearby Plaquemines Parish.

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 oxides of nitrogen (NOx) emissions from natural gas-fired water heaters, small boilers, and process heaters. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act).

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement with two parties for recovery of response costs concerning the Strategic Sciences Superfund Site in Sylmar, California. The settlement is entered into pursuant to Section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1), and it requires the settling party to pay $40,000 to the United States Environmental Protection Agency (Agency). The settlement includes a covenant not to sue the settling party pursuant to Sections 106 or 107(a) of CERCLA, 42 U.S.C. 9606 or 9607(a). For thirty (30) days following the date of publication of this Notice in the Federal Register, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate the proposed settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 75 Hawthorne Street, San Francisco, CA 94105.

The Environmental Protection Agency (EPA) is approving the State of Illinois' March 28, 2014, revision to the state implementation plan (SIP) for the 1997 8-hour ozone maintenance plan for the Illinois portion of the Chicago-Gary-Lake County, Illinois-Indiana area (the Greater Chicago Area). This SIP revision establishes new Motor Vehicle Emissions Budgets (MVEB) for volatile organic compounds (VOC) and oxides of nitrogen (NOX) for the year 2025. EPA is approving the allocation of a portion of the safety margin for VOC and NOX in the ozone maintenance plan to the 2025 MVEBs. Total year 2025 emissions of VOC and NOX for the area will remain below the attainment levels as required by the transportation conformity regulations.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from wallboard kilns and internal combustion engines. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act).

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 August 25, 2014 to September 15, 2014.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Lake County Air Quality Management District (LCAQMD) portion of the California State Implementation Plan (SIP). This revision concerns the definition of hazardous air pollutants and particulate matter emissions from agricultural compression ignition engines. We are proposing to approve local rules under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is approving state implementation plan (SIP) revisions submitted by the Illinois Environmental Protection Agency on March 19, 2013, concerning the state's gasoline volatility standards. The SIP revisions also include amendments to the state's motor vehicle refinishing regulations to allow for the alternative use of a high volume, low pressure equivalent coating applicator in motor vehicle refinishing operations, and repeal a registration program under these regulations that overlaps with Federal registration requirements.

The Environmental Protection Agency (EPA) is approving the requests from the District of Columbia (the District), the State of Maryland (Maryland), and the Commonwealth of Virginia (Virginia) (collectively ``the States'') to redesignate to attainment their respective portions of the Washington, DC-MD-VA nonattainment area (hereafter ``the Washington Area'' or ``the Area'') for the 1997 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). EPA is also approving, as a revision to their respective State Implementation Plans (SIPs), the common maintenance plan submitted by the States to show maintenance of the 1997 annual PM2.5 NAAQS through 2025 for the Washington Area. The Washington Area maintenance plan includes motor vehicle emissions budgets (MVEBs) for PM2.5 and nitrogen oxides (NOX) for the Area for the 1997 annual PM2.5 standard, which EPA is approving for transportation conformity purposes. These actions are being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is amending the standards and practices for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to remove the reference to ASTM International's E1527-05 standard practice. This 2005 standard practice was replaced with an updated standard, the E1527-13, by ASTM International, a widely recognized standards development organization. Specifically, EPA is amending the ``All Appropriate Inquiries Rule'' to remove the reference to ASTM International's E1527-05 ``Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.''

This notice announces the availability of Guidance for Applying Quantitative Data to Develop Data-Derived Extrapolation Factors for Interspecies and Intraspecies Extrapolation (DDEF Guidance). This document lays out methods for calculation of factors compensating for the application of animal toxicity data to humans (interspecies) and for compensating for sensitive populations (intraspecies). The use of data to conduct these extrapolations rather than rely on default values advances EPA's policy of considering relevant data first when conducting its chemical assessments.

The Environmental Protection Agency (EPA) published a final rule in the Federal Register on June 2, 2014, updating 40 CFR part 81, ``Designation of Areas for Air Quality Planning Purposes'' for the 1997 and 2006 PM2.5 NAAQS nonattainment areas. An error in the table for the Wisconsin 2006 24-hour PM2.5 NAAQS in 40 CFR 81.350 is identified and corrected in this action.

This notice announces that the Massachusetts Department of Environmental Protection (MassDEP) issued a final permit decision for a Clean Air Act Prevention of Significant Deterioration (PSD) permit (Transmittal Number X254064) to Footprint Power Salem Harbor Development, LP for the construction of the Salem Harbor Redevelopment (SHR) Project.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) and San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portions of the California State Implementation Plan (SIP). These revisions concern definitions that are necessary for the creation, modification and understanding of rules that address air pollution. Among other changes, the revised definitions help clarify federal New Source Review (NSR) requirements, update the districts' exempt volatile organic compounds list to correspond with EPA's, and improve formatting consistency. We are proposing to approve local rules which include these definitions under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is approving the Northern Ada County PM10 Second Ten-Year Maintenance Plan submitted by the Idaho Department of Environmental Quality (IDEQ) on March 11, 2013, for particulate matter with an aerodynamic diameter less than or equal to ten micrometers (PM10). Northern Ada County was identified as an area of concern for PM10 with the promulgation of the PM10 NAAQS in 1987, and was formally designated as a moderate PM10 nonattainment area upon passage of the 1990 Clean Air Act (CAA) amendments. In October 2003, the EPA approved the Northern Ada County PM10 Maintenance Plan and redesignated the area to attainment for PM10. This revised Maintenance Plan addresses maintenance of the PM10 standard for a second ten-year period beyond redesignation through 2023, extends the horizon years, and contains revised transportation conformity budgets. The EPA is also approving the February 15-16, 2011 high wind exceptional event at the Boise Fire Station monitor, as well as contingency measures for the Pinehurst PM10 Air Quality Improvement Plan. The EPA is approving the second ten-year PM10 Maintenance Plan for Northern Ada County and the Pinehurst PM10 contingency measures pursuant to section 110 of the CAA. The EPA is approving the February 2011 exceptional event pursuant to 40 CFR 50.14. The EPA received one set of adverse comments focused primarily on proposed coal export terminals that may be built in Oregon and Washington that may affect Northern Ada County.

During a review of Arkansas' regulations, the Environmental Protection Agency (EPA) identified a variety of State-initiated changes to Arkansas' hazardous waste program under the Resource Conservation and Recovery Act, as amended (RCRA), for which the State had not previously sought authorization. The EPA proposes to authorize the State for the program changes. In addition, the EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Arkansas' authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under RCRA.