Environmental Protection Agency 2014 – Federal Register Recent Federal Regulation Documents

On October 30, 2002, the Environmental Protection Agency (EPA) published a direct final rule in the Federal Register approving North Carolina State Implementation Plan (SIP) revisions, submitted through the North Carolina Department of Environment and Natural Resources (NC DENR), Division of Air Quality (DAQ), regarding the State's enhanced inspection and maintenance (I/M) program. This correcting amendment corrects inadvertent errors for two rule titles in the regulatory text of EPA's October 30, 2002, direct final rule.

The Environmental Protection Agency (EPA) is approving portions of two revisions to the Texas State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) to the EPA on October 5, 2010, and April 16, 2014. Together, these two SIP submittals revise the Texas Prevention of Significant Deterioration (PSD) Program to provide for the regulation of greenhouse gas (GHG) emissions and clarify the applicability of Best Available Control Technology (BACT) for all PSD permit applications. The EPA is approving portions of the October 5, 2010, and April 16, 2014, SIP revisions to the Texas SIP and New Source Review (NSR) permitting program as consistent with federal requirements for PSD permitting of GHG emissions. The EPA is taking no action on the portion of the October 5, 2010, SIP revision which pertains to the Texas Minor NSR program for Qualified Facilities and portions of the April 16, 2014, submittal that appear no longer appropriate for inclusion in the Texas SIP after the recent United States Supreme Court decision discussing greenhouse gas emissions. The EPA is approving this action under Section 110 and Part C of the Clean Air Act (CAA). In a separate but simultaneous action published elsewhere in this issue of the Federal Register, the EPA is also rescinding the GHG PSD Federal Implementation Plan (FIP) for Texas, with three limited circumstances for retained authority.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, 2-methyl-, phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated, compounds with diethanolamine, with a minimum number average molecular weight of 2,000 amu; when used as an inert ingredient in a pesticide formulation. Akzo Nobel Surface Chemistry, LLC 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 2- propenoic acid, 2-methyl-, phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)- initiated, compounds with diethanolamine on food or feed commodities.

This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

EPA is continuing to authorize Student Services Contractors access to information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI). Original notice of this access was published in the Federal Register on May 18, 2012.

The Environmental Protection Agency (EPA) is approving revisions to the Washington State Implementation Plan (SIP) that were submitted by the Department of Ecology (Ecology) on January 27, 2014. These revisions update the preconstruction permitting regulations for large industrial (major source) facilities located in designated nonattainment areas, referred to as the Nonattainment New Source Review (major nonattainment NSR or major NNSR) program. While these revisions update Ecology's major NNSR program generally, the most significant change is the incorporation of regulations to implement major NNSR for fine particulate matter, particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM2.5). The major NNSR program is designed to ensure that major stationary sources of air pollution are constructed or modified in a manner that is consistent with attainment and maintenance of the National Ambient Air Quality Standards (NAAQS).

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 Sierra Club in the United States District Court for the District of Columbia: Sierra Club v. McCarthy, Case No. 1:14-cv-00833-ESH (D.D.C.). On May 20, 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 her nondiscretionary duty to take action on a number of Texas state implementation plan (``SIP'') submissions for the Dallas/Ft. Worth nonattainment area to address the 1997 8-hour ozone NAAQS within one year of the date the submissions were deemed complete by operation of law. These SIP submissions include a demonstration of attainment, reasonably available control technology (``RACT'') requirements for volatile organic compounds (``VOCs'') and nitrogen oxides (``NOX''), and provisions for reasonable further progress (``RFP'') toward attainment. Plaintiff's complaint also alleged that the Administrator failed to perform a nondiscretionary duty to determine whether the Dallas/Ft. Worth area attained the 1997 8-hour ozone NAAQS by the June 15, 2013 attainment date and to reclassify the area accordingly. The proposed consent decree would establish deadlines for EPA to take these actions.

The Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for the Phosphoric Acid Manufacturing and Phosphate Fertilizer Production source categories and to new source performance standards (NSPS) for several phosphate processing categories. The proposed amendments address the results of the residual risk and technology reviews (RTR) conducted as required under the Clean Air Act (CAA), as well as other actions deemed appropriate during the review of these standards. The proposed amendments include numeric emission limits for mercury and work practice standards for hydrogen fluoride (HF) from calciners; work practice standards for hazardous air pollutant (HAP) emissions from gypsum dewatering stacks and cooling ponds; emission standards requiring HF testing from various affected sources; clarifications to the applicability and monitoring requirements for both source categories to accommodate process equipment and technology changes; changes to remove the exemptions for startup, shutdown and malfunction; work practice standards for periods of startup and shutdown; and revised provisions to address recordkeeping and reporting requirements applicable to periods of startup, shutdown and malfunction. The proposed amendments will reduce mercury emissions, thereby reducing potential mercury exposure to children, including the unborn. Further, the EPA has conducted an 8- year review of the current NSPS for these source categories, and is proposing that no revisions to the numeric emission limits for these standards are appropriate.

This proposed rule revises the scope of the Environmental Protection Agency's (EPA) Consolidated Rules of Practice governing the administrative assessment of civil penalties to encompass the assessment of civil penalties under the air pollution control provisions of the Act to Prevent Pollution from Ships. The EPA has not previously established adjudicatory procedures for the assessment of civil penalties under that statute. Establishment of such procedures will provide for the efficient and effective adjudication, including administrative appeals, of such proceedings consistent with statutory requirements. This proposed rule also revises the address for the Environmental Appeals Board to reflect its relocation to the William Jefferson Clinton East Building. In the ``Rules and Regulations'' section of this Federal Register, we are making this same amendment as a direct final rule. If we receive no adverse comment, the direct final rule will go into effect and we will not take further action on this proposed rule.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Requirements and Exemptions for Specific RCRA Wastes (EPA ICR No. 1597.11, OMB Control No. 2050-0145) 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.). Before doing so, 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 February 28, 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 Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Engine Test Cells/ Stands (Renewal) (EPA ICR No. 2066.06, OMB Control No. 2060-0483), 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 January 31, 2015. Public comments were previously requested via the Federal Register (79 FR 30117) on May 27, 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.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily to amend their methomyl product registrations to delete one or more uses. The requests would delete methomyl use in or on barley, oats, and rye. The requests would not terminate the last methomyl products registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the use is deleted only if such sale, distribution, or use is consistent with the terms as described in the final order.

Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the September 17, 2014, direct final rule approving a revision to provisions in Title 326 of the Indiana Administrative Code, Article 4, Rule 1, Open Burning Rule.

Effective January 31, 2014 the EPA Superfund program decommissioned the Comprehensive Environmental Response Compensation and Liability Act Information System (CERCLIS) and adopted a new, more comprehensive data management system. The new data management system, the Superfund Enterprise Management System (SEMS), serves as a more powerful, integrated platform. Consistent with this action, this proposed rule proposes to make appropriate conforming terminological changes to our regulations. This proposed rule also proposes to add a minor clarification to the description of the remedial preliminary assessment.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Alaska State Implementation Plan (SIP) submitted by the Commissioner of the Alaska Department of Conservation (ADEC) on December 11, 2009, November 29, 2010, December 10, 2012, January 28, 2013, July 1, 2014, and October 24, 2014. These revisions update the State of Alaska's adoption by reference of the Federal preconstruction permitting regulations for large industrial (major source) facilities located in designated nonattainment areas, referred to as the Nonattainment New Source Review (major NNSR) program. The major NNSR program is designed to ensure that major stationary sources of air pollution are constructed or modified in a manner that is consistent with attainment and maintenance of the National Ambient Air Quality Standards (NAAQS).

The U.S. Environmental Protection Agency's (EPA) Office of Administration and Resources Management is giving notice that it proposes to create a new system of records pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a). The Labor and Employee Relations Information System (LERIS) is being created to meet the needs of the Labor and Employee Relations (LER) Specialists, Attorney Advisors and Agency Leadership. This system will enable LER employees to access case information across the EPA for use in determining appropriate disciplinary penalties as well as reporting trends in LER issues. The system is accessed from an Internet browser using the Agency's secured portal.

Notice is hereby given that the Environmental Protection Agency (EPA) has designated, in accordance with 40 CFR Part 53, two new reference methods and two new equivalent methods. The reference methods include one for measuring PM2.5, and one for measuring PM10-2.5 in the ambient air. The two equivalent methods are one for measuring carbon monoxide (CO) and one for measuring ozone (O3) in the ambient air.

The Environmental Protection Agency (EPA) is taking direct final action 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.'' This rule specifies conditions that establish air pollution alerts and emergency alert levels, and associated procedures and emission reduction objectives statewide. This action revises the SIP by amending an existing table in the rule, clarifying requirements of the rule related to emission reduction plans and other rule provisions, and makes administrative and format changes all consistent with Federal regulations.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ) to EPA on January 31, 2013. The SIP revision modifies the Commonwealth's New Source Review (NSR), Prevention of Significant Deterioration (PSD), and Nonattainment New Source Review (NNSR) regulations to adopt into the Kentucky SIP Federal NSR permitting requirements for the implementation of the fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). The approved changes in Kentucky's January 31, 2013, SIP submission are necessary to comply with Federal requirements. EPA is approving the Commonwealth's January 31, 2013, revision to the Kentucky SIP because the Agency has determined that the changes are consistent with the Clean Air Act (CAA or Act). Additionally, EPA is converting two conditional approvals related to the PSD infrastructure requirements for the 1997 and 2006 PM2.5, and 2008 8-hour Ozone NAAQS to full approval under the CAA.

This regulation establishes an exemption from the requirement of a tolerance for residues of [alpha]-alkyl (minimum C6 linear, branched, saturated and/or unsaturated)-[omega]-hydroxypolyoxyethylene polymer with or without polyoxypropylene, mixture of di- and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts of the phosphate esters; minimum oxyethylene content is 2 moles; minimum oxypropylene content is 0 moles, herein referred to as alkyl alcohol alkoxylate phosphate derivatives (AAAPD) and [alpha]- alkyl(C6- C15)-[omega]-hydroxypoly(oxyethylene)sulfate, and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts, poly(oxyethylene) content averages 2-4 moles, herein referred to alkyl alcohol alkoxylate sulfate derivatives (AAASD) to include Chemical Abstract Service Registry Numbers listed in the Supplementary Information when used as an inert ingredient in a pesticide chemical formulation. Spring Trading Company, LLC., on behalf of Croda Inc. 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 alkyl alcohol alkoxylate phosphate and sulfate derivatives on food or feed commodities.

This document announces the availability of EPA's response to a petition it received under the Toxic Substances Control Act (TSCA). The TSCA section 21 petition was received from the Center for Biological Diversity (CBD) on July 29, 2014. The petitioner requested that EPA initiate rulemaking under TSCA to address risks related to polyvinyl chloride (PVC), vinyl chloride, and phthalates used as plasticizers. The petitioner alternatively requested that EPA initiate rulemaking under TSCA to require additional toxicity testing of these chemical substances. After careful consideration, EPA has denied the TSCA section 21 petition for the reasons discussed in this document. The TSCA section 21 petition was accompanied by an independent petition for EPA to take action under the authority of the Resource Conservation and Recovery Act (RCRA). EPA continues to review the petitioner's requests for action under RCRA.

The State of Arkansas has applied to the EPA for final authorization of the 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 direct final action. The EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments which oppose this authorization during the comment period, the decision to authorize Arkansas' changes to its hazardous waste program will take effect. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.

The Environmental Protection Agency (EPA) is proposing approval of a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP). This SIP revision addresses an error in the Best Available Retrofit Technology (BART) requirements for Boiler Number 1 of the Cheswick Generating Station (Cheswick) in Allegheny County. EPA is proposing approval of the portion of Pennsylvania's SIP revision addressing the particulate matter (PM) BART requirements as it is in accordance with the requirements of the Clean Air Act (CAA) and EPA's rules for BART.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NSPS for Polymeric Coating of Supporting Substrates Facilities (Renewal)'' (EPA ICR No. 1284.10, OMB Control No. 2060-0181) 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 30117) on May 27, 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), ``Willingness to Pay Survey for Salmon Recovery in the Willamette Watershed (New)'' (EPA ICR No. 2489.01, OMB Control No. 2080-NEW) 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 request for approval of a new collection. Public comments were previously requested via the Federal Register (78 FR 39282) on July 1, 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.