Environmental Protection Agency January 2015 – Federal Register Recent Federal Regulation Documents

On February 1, 2013, the Environmental Protection Agency (EPA) finalized amendments to the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (Area Source Boilers Rule). Subsequently, the EPA received three petitions for reconsideration of the final rule. The EPA is announcing reconsideration of and requesting public comment on five issues raised in the petitions for reconsideration, as detailed in the SUPPLEMENTARY INFORMATION section of this document. In this action, the EPA is also proposing a limited number of technical corrections and amendments to the final rule to correct inadvertent errors and to clarify some applicability and implementation issues raised by stakeholders subject to the final rule. Also, we propose to delete rule provisions for an affirmative defense for malfunction in light of a recent court decision on the issue. The EPA is seeking comment only on the five issues being reconsidered, the proposed deletion of the affirmative defense and on the technical corrections and amendments described in the preceding paragraph. The EPA will not respond to any comments addressing any other issues or any other provisions of the final rule.

On February 7, 2013, the Environmental Protection Agency (EPA) promulgated its final response to petitions for reconsideration of the final new source performance standards (NSPS) and emission guidelines (EG) for commercial and industrial solid waste incineration (CISWI) units that were promulgated on March 21, 2011. Following promulgation of the February 2013 final action, the Administrator received petitions for reconsideration that identified issues that petitioners maintain require additional reconsideration and/or warrant further opportunity for public comment. In this action, the EPA is granting reconsideration on four provisions of the February 2013 final NSPS and EG for CISWI units. In addition, the EPA identified regulatory provisions that require clarification and editorial correction to address inconsistencies and errors in the final rules. The proposed amendments provide additional clarity and improve the implementation of the February 2013 final CISWI standards, but do not have any environmental, energy or economic impacts associated with the proposed action.

Due to the receipt of adverse comments, the Environmental Protection Agency (EPA) is withdrawing the November 20, 2014, direct final rule to approve North Carolina's January 31, 2008, May 24, 2010, October 11, 2013, and February 11, 2014, State Implementation Plan (SIP) submissions pertaining to changes to the North Carolina Inspection and Maintenance (I/M) program. EPA will address the adverse comments in a subsequent final action based on the parallel proposal also published on November 20, 2014. As stated in the proposal, EPA will not institute a second comment period on this action.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Leather Finishing Operations (40 CFR part 63, subpart TTTT) (Renewal)'' (EPA ICR No. 1985.06, OMB Control No. 2060-0478) 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 1, 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.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the South Coast Air Quality Management District (SCAQMD) and the Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions respectively concern volatile organic compound (VOC) emissions from petroleum refinery coking operations, and sulfur dioxide (SO2) primary emissions from stationary combustion sources. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

The EPA is approving a portion of the State Implementation Plan submission from the State of Oregon to address Clean Air Act interstate transport requirements for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards. The Clean Air Act requires that each State Implementation Plan contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. The EPA is determining that Oregon's existing State Implementation Plan contains adequate provisions to ensure that air emissions in Oregon will not significantly contribute to nonattainment or interfere with maintenance of the 2006 24-hour PM2.5 National Ambient Air Quality Standards in any other state.

The U.S. Environmental Protection Agency's (EPA) Office of Research and Development's Air, Climate, and Energy (ACE) program is organizing a workshop on Ultrafine Particulate Matter (UFP) metrics and research. This workshop is intended to provide an overview of the state-of-the-science on UFP emissions, air quality impacts, exposures, and health effects, as well as promote discussions on relevant UFP metrics to promote consistency and collaboration in current and future research. The workshop will be held on February 11-13, 2015 in Research Triangle Park, North Carolina. The workshop will be open to attendance by interested public observers on a first-come, first-served basis up to the limits of available space.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Exchange Network Grants Progress Reports (Renewal)'' (EPA ICR No. 2207.06, OMB Control No. 2025-0006) 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 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 Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the December 8, 2014, supplemental proposed rule titled ``National Emission Standards for Hazardous Air Pollutants: Primary Aluminum Reduction Plants'' is being extended for 15 days.

The U.S. Environmental Protection Agency (EPA) is announcing the availability of the final report titled, ``Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence'' (EPA/600/R-14/475F). The purpose of this report is to summarize the current understanding about the connectivity and mechanisms by which streams and wetlands affect the physical, chemical, and biological integrity of downstream waters. The report is available via the Internet on the EPA Office of Research and Development (ORD), National Center for Environmental Assessment's Web site (www.epa.gov/ncea) under the Recent Additions and Publications menu.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns the District's reasonably available control technology (RACT) requirements under the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). We are approving this document under the Clean Air Act (CAA or the Act).

EPA is announcing its receipt of test data submitted pursuant to test rules issued by EPA under the Toxic Substances Control Act (TSCA). As required by TSCA, this document identifies each chemical substance and/or mixture for which test data have been received; the uses or intended uses of such chemical substance and/or mixture; and describes the nature of the test data received. Each chemical substance and/or mixture related to this announcement is identified in Unit I. under SUPPLEMENTARY INFORMATION.

This notice announces the availability of EPA's revised human health risk assessment for the registration review of chlorpyrifos and opens a public comment period on this document. A preliminary human health risk assessment was completed and released for public comment in July 2011 (76 FR 39399) and is available in the chlorpyrifos registration review docket. 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. As part of the registration review process, the Agency has completed a comprehensive revised human health risk assessment for all chlorpyrifos uses. A Guide to Commenters document has been placed in the docket along with the revised human health assessment. This document poses questions for the public to comment on. Such comments and input could address, among other things, the Agency's risk assessment methodologies and assumptions, as applied to this revised risk assessment as well as submitting suggestions for mitigating any risks identified in the revised risk assessment. The Agency will consider all comments received during the public comment period and the responses to the questions and any other information that is provided will help in developing a proposed registration review decision on chlorpyrifos. 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 partially approving and partially disapproving the State Implementation Plan (SIP) submittal from Washington, received September 22, 2014, demonstrating that the SIP meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on March 12, 2008, and nitrogen dioxide (NO2) on January 22, 2010. 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. Washington certified that the Washington SIP meets the infrastructure requirements of the CAA for the 2008 ozone and 2010 NO2 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 action. The EPA has determined that the Washington SIP is adequate for purposes of the infrastructure SIP requirements of the CAA with the exceptions noted above. The EPA has determined 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 has submitted an information collection request (ICR), ``NSPS for Municipal Waste Combustors (40 CFR part 60, subparts Ea and Eb) (Renewal)'' (EPA ICR No. 1506.13, OMB Control No. 2060-0210) 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.

The Environmental Protection Agency (EPA, or the Agency) is publishing a final rule that revises several recycling-related provisions associated with the definition of solid waste used to determine hazardous waste regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The purpose of these revisions is to ensure that the hazardous secondary materials recycling regulations, as implemented, encourage reclamation in a way that does not result in increased risk to human health and the environment from discarded hazardous secondary material.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Air Stationary Source Compliance and Enforcement Information Reporting'' (EPA ICR No. 0107.11, OMB Control No. 2060-0096) 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 30, 2015. Public comments were previously requested via the Federal Register (79 FR 49511) on August 21, 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) is proposing to approve revisions to the State Implementation Plan (SIP) for the State of Iowa. The purpose of these revisions is to update the Polk County Board of Health Rules and Regulations, Chapter V, Air Pollution. These proposed revisions reflect updates to the Iowa statewide rules previously approved by EPA and will ensure consistency between the applicable local agency rules and Federally-approved rules. On April 15, 2014, the state amended their request and notified EPA that it is withdrawing their requests to approve to adopt greenhouse gases definition and sections relating to greenhouse gas emissions. This withdrawal request is in recognition of the July 12, 2013, U.S. Court of Appeals for the District of Columbia decision which vacated the regulation known as the ``biogenic deferral rule''. On October 31, 2014, the state requested that EPA withdraw their request to approve the definition of anaerobic lagoon.

This notice announces that, on December 5, 2014, pursuant to title V of the Clean Air Act (Act), the Environmental Protection Agency (EPA) issued a federal operating permit renewal to the Mille Lacs Band Corporate Commission for the Grand Casino Mille Lacs in Onamia, Minnesota. The operating permit authorizes the operation of four diesel-fired generators used for backup power and peak load management and of one diesel-fired emergency generator.

Under the Federal Advisory Committee Act, Public Law 92-463, the Environmental Protection Agency (EPA) hereby provides notice of a meeting of the Farm, Ranch, and Rural Communities Committee (FRRCC). This meeting is open to the public. Members of the public are encouraged to provide comments relevant to the specific issues being considered by the FRRCC. For additional information about registering for public comment, please refer to the SUPPLEMENTARY INFORMATION section. Due to limited space, seating at the FRRCC meeting will be limited to a first-come, first-served basis.

The EPA is proposing to partially approve the May 22, 2014, State Implementation Plan (SIP) submittal from Idaho to revise the SIP to update the incorporation by reference of Federal air quality regulations into the SIP. In addition, the EPA is proposing to partially disapprove Idaho's incorporation by reference of certain provisions of the Federal prevention of significant deterioration (PSD) permitting rules that have been vacated by a Federal Court. Upon final action, the Idaho SIP would incorporate by reference certain Federal regulations as of July 1, 2013.

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 13 chemical substances which were the subject of premanufacture notices (PMNs). This action would require persons who intend to manufacture (including import) or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.

The Environmental Protection Agency (EPA) is extending the existing public comment period for a proposal published in the Federal Register on December 9, 2014. In that action, pursuant to the Clean Air Act, EPA proposed to determine that the Los Angeles-South Coast Air Basin (South Coast) air quality planning area in California has attained the 1997 annual and 24-hour fine particle (PM2.5) National Ambient Air Quality Standards. This proposed determination is based upon complete (or otherwise validated), quality-assured, and certified ambient air monitoring data showing that the area has monitored attainment of the 1997 annual and 24-hour PM2.5 standards based on the 2011-2013 monitoring period. If the EPA finalizes this determination of attainment, the requirements for the area to submit certain State implementation plan revisions shall be suspended for so long as the area continues to attain the 1997 annual and 24-hour PM2.5 standards. One commentor requested an extension of the comment period for this proposed rulemaking. EPA is now extending the public comment period for fourteen days.