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

On December 18, 2014, the Environmental Protection Agency (EPA) proposed national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing and NESHAP for clay ceramics manufacturing. The EPA is extending the deadline for written comments on the proposed rule by 30 days to March 19, 2015. In addition, the EPA is changing the date of the public hearing, if requested, to January 27, 2015, and the date to pre- register for the hearing if it is held.

The Environmental Protection Agency (EPA) is announcing three public hearings for the proposed rule titled, ``National Ambient Air Quality Standards for Ozone,'' that was published in the Federal Register on December 17, 2014. The hearings will be held in Washington, DC, Arlington, Texas, and Sacramento, California. Based on its review of the air quality criteria for ozone (O3) and related photochemical oxidants and national ambient air quality standards (NAAQS) for O3, the EPA proposes to make revisions to the primary and secondary NAAQS for O3 to provide requisite protection of public health and welfare, respectively. The EPA is proposing to revise the primary standard to a level within the range of 0.065 to 0.070 parts per million (ppm), and to revise the secondary standard to within the range of 0.065 to 0.070 ppm, which air quality analyses indicate would provide air quality, in terms of 3-year average W126 index values, at or below a range of 13-17 ppm-hours. The EPA proposes to make corresponding revisions in data handling conventions for O3 and conforming changes to the Air Quality Index; to revise regulations for the Prevention of Significant Deterioration program to add a transition provision for certain applications; and to propose schedules and convey information related to implementing any revised standards. The EPA is proposing changes to the O3 monitoring seasons, the Federal Reference Method (FRM) for monitoring O3 in the ambient air, Federal Equivalent Method procedures for testing, and the Photochemical Assessment Monitoring Stations network. Along with proposing exceptional event schedules related to implementing any revised O3 standards, the EPA is proposing to apply this same schedule approach to other future revised NAAQS and to remove obsolete regulatory language for expired exceptional event deadlines. The EPA is proposing to make minor changes to the procedures and time periods for evaluating potential FRMs and equivalent methods (including making the requirements for nitrogen dioxide consistent with the requirements for O3) and to remove an obsolete requirement for the annual submission of documentation by manufacturers of certain particulate matter monitors.

This action finalizes amendments to new source performance standards (NSPS) for the oil and natural gas sector. On August 16, 2012, the Environmental Protection Agency (EPA) published final NSPS for the oil and natural gas sector. The Administrator received petitions for administrative reconsideration of certain aspects of the standards. Among issues raised in the petitions were time-critical issues related to certain storage vessel provisions and well completion provisions. On July 17, 2014 (79 FR 41752), the EPA published proposed amendments and clarifications as a result of reconsideration of certain issues related to well completions, storage vessels and other issues raised for reconsideration as well as technical corrections and amendments to further clarify the rule. This action finalizes these amendments and corrects technical errors that were inadvertently included in the final standards.

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

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public teleconference of the SAB Chemical Assessment Advisory Committee Augmented for the Review of the Draft Trimethylbenzenes Assessment (CAAC-TMB Panel) to reach consensus on it draft peer review of EPA's draft Integrated Risk Information System (IRIS) Toxicological Review of Trimethylbenzenes (August 2013 Revised External Review Draft).

This notice is to announce that the Environmental Protection Agency (EPA) issued a final Outer Continental Shelf (OCS) air quality permit numbered OCS-EPA-R4012-M1 for Statoil Gulf Services, LLC (Statoil) on August 14, 2014, and an OCS air quality permit numbered OCS-EPA-R4015 for Anadarko Petroleum Corporation (Anadarko) on September 16, 2014.

Environmental Protection Agency (EPA) Region 6 Water Quality Protection Division is today proposing for public comment the reissuance of a National Pollutant Discharge Elimination System general permit (NMG010000) for discharges from eligible owners/operators of existing concentrated animal feeding operations (CAFOs), in New Mexico, except those discharges on Indian Country. CAFOs discharging on Indian Country would be required to apply for an individual permit. This permit was originally issued with an effective date of September 3, 2009, and an expiration date of September 2, 2014. Conditions from the 2009 permit are continued with the following changes proposed as part of this reissuance: (1) Removing eligibility for coverage for ``New sources'' under the proposed permit, (2) adding on-site rainfall measurement and record keeping, and (3) adding requirement for paperless submittal of application documents (NOIs and NMPs).

The Oregon Department of Environmental Quality (ODEQ) submitted a revision to the State Implementation Plan (SIP), dated December 14, 2012, to address Clean Air Act (CAA or the Act) requirements for the Klamath Falls, Oregon nonattainment area for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). The EPA proposes to approve the emissions inventory contained in the ODEQ's submittal as meeting the requirement to submit a comprehensive, accurate, and current inventory of direct PM2.5 and PM2.5 precursor emissions in Klamath Falls, Oregon. The EPA also proposes to approve PM2.5 control measures contained in the December 2012 submittal because incorporation of these measures will strengthen the Oregon SIP and reduce sources of PM2.5 emissions in the Klamath Falls, Oregon nonattainment area (Klamath Falls NAA) that contribute to violations of the 2006 PM2.5 NAAQS.

Due to an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the direct final rule to approve a revision submitted by the State of Missouri and received by EPA on December 17, 2013, pertaining to Missouri's rule ``Controlling Emissions During Episodes of High Air Pollution Potential.'' In the direct final rule published on November 4, 2014 (79 FR 65346), we stated that if we received adverse comment by December 4, 2014, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comment received in a subsequent final action based upon the proposed action also published on November 4, 2014, (79 FR 65362). EPA will not institute a second comment period on this action.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit a request to renew and consolidate three currently approved Information Collection Requests (ICRs) to the Office of Management and Budget (OMB). The consolidated ICR is entitled: ``Lead Training, Certification, Accreditation and Authorization Activities'' and identified by (EPA ICR No. 2507.01 and OMB Control No. 2070-(NEW)). This new ICR consolidates the following three ICRs, whose existing approval EPA is seeking to renew in order to allow for the consolidated ICR to complete the PRA process: ``Lead-Based Paint Pre-Renovation Information Dissemination TSCA Sec. 406(b)'' (EPA ICR No. 1669.06, OMB Control No. 2070-0158; scheduled to expire on April 30, 2015); ``TSCA Section 402 and Section 404 Training and Certification, Accreditation and Standards for Lead- Based Paint Activities and Renovation, Repair, and Painting'' (EPA ICR No. 1715.13, OMB Control No. 2070-0155; scheduled to expire on December 31, 2015); and ``Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program'' (EPA ICR No. 2381.02, OMB Control No. 2070-0181; scheduled to expire on April 30, 2015). Before submitting these ICRs to OMB for review and approval under the PRA, EPA is required to solicit comments on specific aspects of the information collections. Please note that the three ICR renewals are exactly the same as the ICRs that are currently approved. The Agency has not made any changes to these renewal ICRs because the covered activities are being consolidated, along with the estimated burdens, into the consolidated ICR.

The U.S. Environmental Protection Agency (EPA) submitted an information collection request (ICR), ``Underground Injection Control (UIC) Program (Renewal)'' (EPA ICR No. 0370.25, OMB Control No. 2040- 0042) 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 December 31, 2014. EPA requested public comments via the Federal Register (79 FR 46437) on August 8, 2014, for a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is provided in this request, 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.

Under the Toxic Substances Control Act (TSCA), EPA is promulgating a significant new use rule (SNUR) to add nine benzidine- based chemical substances to the existing SNUR on benzidine-based chemical substances. With respect to both the newly-added benzidine- based chemical substances and the previously-listed benzidine-based chemical substances, this rule makes inapplicable the exemption relating to persons that import or process substances as part of an article. EPA is also promulgating a SNUR for di-n-pentyl phthalate (DnPP) and a SNUR for alkanes, C12-13, chloro. These actions require persons who intend to manufacture (defined by statute to include import) or process these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing such manufacture or processing. The required notifications will provide EPA with the opportunity to evaluate activities associated with a significant new use and, if necessary based on the information available at that time, an opportunity to protect against potential unreasonable risks, if any, from that activity before it occurs. EPA is also making a technical amendment to the codified list of control numbers for approved information collection activities so that it includes the control number assigned by the Office of Management and Budget (OMB) to the information collection activities contained in this rule.

On June 2, 2014, the Environmental Protection Agency (EPA) published a final rule in the Federal Register updating the Code of Federal Regulations (CFR) concerning the designations of areas for air quality planning purposes for the 1997 and 2006 PM2.5 National Ambient Air Quality Standards (NAAQS) nonattainment areas. This correcting amendment corrects errors in the regulatory text of EPA's June 2, 2014, final rule related to the designations of the Macon, Georgia, and Rome, Georgia, areas for the 1997 Annual PM2.5 NAAQS.

This notice announces the availability of EPA's final/interim 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 on December 11, 2014 (79 FR 73750). The final rule amends the general provisions of the Greenhouse Gas Reporting Rule to establish chemical-specific and default global warming potentials (GWPs) for a number of fluorinated greenhouse gases (F-GHGs) and fluorinated heat transfer fluids (F- HTFs). The rule also includes conforming changes to the provisions for the Electronics Manufacturing and Fluorinated Gas Production source categories.

This notice announces the availability of EPA's proposed interim registration review decisions and opens a public comment. 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 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.

This regulation amends the tolerances for residues of zeta- cypermethrin in or on alfalfa, forage and alfalfa, hay. FMC Corporation requested the amendment of the tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is revising the regulations that pertain to the labeling of pesticide products and devices that are intended solely for export. Pesticide products and devices intended solely for export will be able to meet the Agency's export labeling requirements by attaching a label to the immediate product container or by providing collateral labeling that is either attached to the immediate product being exported or that accompanies the shipping container of the product being exported at all times when it is shipped or held for shipment in the United States. Collateral labeling will ensure the availability of the required labeling information, while allowing pesticide products and devices that are intended solely for export to be labeled for use in, and consistent with the applicable requirements of the importing country.

EPA received requests for an extension of the period for providing comments on the proposed rule entitled, ``Effluent Limitations Guidelines and Standards for the Dental Category,'' published in the Federal Register on October 22, 2014. EPA is extending the comment period from December 22, 2014 to February 20, 2015.

With this notice, 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. For flufenpyr-ethyl, EPA is seeking comment on the preliminary work plan, the ecological problem formulation, and the human health draft risk assessment. For Sodium Fluoride, Yellow Mustard Seed and Sulfonic Acid, EPA is seeking comment on the Combined Work Plan, Summary Document, and Proposed Interim Registration Review Decision, which includes the human health and ecological risk assessments. This notice also announces a registration review case closure for thiacloprid.

The Environmental Protection Agency's (EPA), Science Advisory Board (SAB) Staff Office is announcing a teleconference of the Chartered SAB to conduct a review of two draft reports of recommendations regarding the agency's 2013 and 2014 Scientific and Technological Achievement Awards (STAA). The Chartered SAB teleconference will be closed to the public.

The Environmental Protection Agency (EPA) is taking direct final action to approve a submission by the State of Indiana as a revision to the Indiana State Implementation Plan (SIP). The submitted regulations revise Indiana's ambient air quality standards for ozone and particulate matter (PM) to be consistent with EPA's 2008 ozone and 2012 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). EPA is therefore approving this SIP submission, in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing and NESHAP for clay ceramics manufacturing. The EPA is proposing that all major sources in these categories meet maximum achievable control technology (MACT) standards for mercury, non-mercury metal hazardous air pollutants (HAP) (or particulate matter (PM) surrogate) and dioxins/furans (Clay Ceramics only); health-based standards for acid gas HAP; and work practice standards, where applicable. The proposed rule, which has been informed by input from industry and other stakeholders, including small businesses, would protect air quality and promote public health by reducing emissions of HAP listed in section 112 of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to grant full approval for the revisions to the Commonwealth of Pennsylvania State Implementation Plan (SIP) submitted on June 25, 2012 by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD). These revisions pertain to ACHD's Nonattainment New Source Review (NNSR) program, and implement an incorporation by reference (IBR) of Pennsylvania's NNSR provisions. They also correct a citation error in ACHD's NNSR regulations. This action is in accordance with the requirements of the Clean Air Act (CAA).

This regulation establishes tolerances for residues of fluopyram in or on multiple commodities that are identified and discussed later in this document. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).