Environmental Protection Agency December 11, 2014 – Federal Register Recent Federal Regulation Documents

The U.S. Environmental Protection Agency (EPA or Agency) has received a request under the Freedom of Information Act (FOIA) for certain records submitted to EPA under the Renewable Fuel Standard (RFS) program between January 1, 2011 and November 2014. These records were submitted to EPA pursuant to the RFS program's annual reporting, quarterly reporting and transactional information reporting within EPA's Moderated Transaction System (EMTS). This notice is a request for substantiations of confidentiality claims from businesses that have submitted any or all of the information listed in this notice and are claiming the information as confidential business information (CBI). The procedures by which businesses may voluntarily substantiate claims of CBI in regard to the information at issue in the FOIA request are provided in this notice, which is referenced in the parties' joint briefing schedule in the case, Perkins Coie LLP v. McCarthy, Case 1:13- cv-01799 (D.D.C filed Nov. 11, 2013). EPA's Office of General Counsel (OGC) will review comments received in response to this notice in preparing a Final Confidentiality Determination under 40 CFR part 2, subpart B, to determine whether the information at issue should be released publicly in response to the FOIA request at issue in the above-referenced litigation. If OGC determines after reviewing the substantiations that some or all of the documents responsive to the FOIA request are not entitled to confidential treatment under 40 CFR part 2, and therefore should be released, EPA will provide notice of this determination by letter, prior to release, to businesses who have submitted the information, allowing such businesses 10 working days to respond, pursuant to 40 CFR 2.205(f).

The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) submission from the State of New Mexico addressing the applicable requirements of Clean Air Act (CAA) section 110 for the 2008 National Ambient Air Quality Standards (NAAQS) for Lead (Pb), 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. Additionally, we are proposing to approve a revision to the New Mexico SIP that repeals an existing state-wide cement kilns rule.

The Environmental Protection Agency (EPA or Agency) is planning to submit an information collection request (ICR), Final Authorization for Hazardous Waste Management Programs (EPA ICR No. 0969.10, OMB Control No. 2050-0041) 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.). 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 April 30, 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.

The U.S. Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Deletion of the Belvidere Municipal Landfill Superfund Site (Site), located in Belvidere, Illinois, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Illinois, through the Illinois Environmental Protection Agency (IEPA), because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

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 one site, Colorado Smelter, to the General Superfund section of the NPL.

The Environmental Protection Agency (EPA) is adding chemical- specific and default global warming potentials (GWPs) for a number of fluorinated greenhouse gases (F-GHGs) and fluorinated heat transfer fluids (F-HTFs) to the general provisions of the Greenhouse Gas Reporting Rule. Currently, these fluorinated GHGs and HTFs are not assigned GWPs under the rule. The changes will increase the completeness and accuracy of the carbon dioxide (CO2)- equivalent emissions calculated and reported by suppliers and emitters of fluorinated GHGs and HTFs. The EPA is also making conforming changes to the provisions for the Electronics Manufacturing and Fluorinated Gas Production source categories. In addition, the EPA is amending certain provisions of the Fluorinated Gas Production source category to reduce the level of detail in which emissions are reported, eliminate the mass-balance emission calculation method, and clarify the emission factor method. These amendments also include an alternative verification approach for this source category in lieu of collecting certain data elements for which the EPA has identified disclosure concerns and for which the reporting deadline was deferred until March 31, 2015. In addition, this action establishes confidentiality determinations for certain reporting requirements of the Fluorinated Gas Production source category.