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

The U.S. Environmental Protection Agency (EPA) will be submitting the ``Information Collection Request Renewal for the Unregulated Contaminant Monitoring Rule (UCMR 3)'' (EPA ICR No. 2192.06, OMB Control No. 2040-0270) 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, EPA solicits public comments on specific aspects of the proposed information collection as described in this renewal notice. This is a proposed extension of the information collection request (ICR), which is currently approved through August 31, 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.

Michigan has applied to EPA for final authorization of the revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Michigan's application with regards to federal requirements and is proposing to authorize the State's program revisions.

This document contains corrections to the final rule, which published in the Federal Register on March 22, 2013 (78 FR 17836). Errors in the amendatory instruction are identified and corrected in this action.

The Environmental Protection Agency (EPA) is proposing conditional approval for two State Implementation Plan (SIP) revisions submitted by the West Virginia Department of Environmental Protection (WVDEP) for the State of West Virginia on July 1, 2014 and June 6, 2012. These revisions pertain to West Virginia's Prevention of Significant Deterioration (PSD) permit program and include provisions for preconstruction permitting requirements for major sources of fine particulate matter (PM2.5) found in West Virginia regulations. This action is being taken under the Clean Air Act (CAA).

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: ``Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies'' and identified by EPA ICR No. 0575.15 and OMB Control No. 2070-0004, represents the renewal of an existing ICR that is scheduled to expire on November 30, 2015. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) submitted by the State of Missouri on October 17, 2013, related to amendments to the Missouri rule ``Control of Sulfur Emissions from Stationary Boilers.'' This action provides clarification on the applicability of the provision, and relocates definitions used in the original provision to the ``Definitions and Common Reference Tables'' rule.

The Environmental Protection Agency (EPA) is taking a direct final action to approve two provisions submitted by the State of Texas as revisions to the Texas State Implementation Plan (SIP) on July 2, 2010, specific to the applicability of the public notice requirements to applications for Plant-Wide Applicability (PAL) permits and standard permits for concrete batch plants without enhanced controls. Today's direct final action will complete the rulemaking process started in our December 13, 2012, proposal and approve the public notice provisions into the Texas SIP. The EPA is also taking direct final action to convert the public notice applicability provisions for Texas Flexible Permits from a final conditional approval to a full approval. The EPA is taking this action under section 110 and parts C and D of the Clean Air Act (CAA or the Act).

The U.S. Environmental Protection Agency (EPA) is announcing a public meeting of the National Drinking Water Advisory Council (NDWAC) Lead and Copper Rule Working Group (LCRWG). The meeting is scheduled for April 23 and 24, 2015, in Arlington, VA. During this meeting, the LCRWG and EPA will focus discussions on revising the second draft of the working group's recommendations to the NDWAC on potential changes to the Lead and Copper Rule.

In the Federal Register issue of January 27, 2015, EPA published a direct final rule that amended the list of chemical substances that are partially exempt from reporting additional information under the Chemical Data Reporting (CDR) rule to add certain chemical substances. EPA received an adverse comment pertinent to all six of the chemical substances that are the subject of that rule. This document accordingly withdraws the direct final rule.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), ``NESHAP for Plating and Polishing Area Sources (40 CFR part 63, subpart WWWWWW) (Renewal)'' (EPA ICR No. 2294.04, OMB Control No. 2060-0623), 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 April 30, 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) has submitted an information collection request (ICR), ``Community Right-to-Know Reporting Requirements under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (Renewal)'' (EPA ICR No. 1352.13, OMB Control No. 2050-0072) 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 April 30, 2015. Public comments were previously requested via the Federal Register (79 FR 71753) on December 3, 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.

This regulation establishes a tolerance for residues of thiram in or on banana. Taminco US, Inc. requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Pennsylvania State Implementation Plan (SIP). This proposed revision pertains to minor editorial revisions to Pennsylvania's existing plan approval and operating permit fee rules. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) proposes to approve the State Implementation Plan (SIP) revision submitted by the Comonwealth of Pennsylvania pertaining to minor editorial revisions to Pennsylvania's existing plan approval and operating permit fee rules. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

This notice announces the availability of EPA's draft human health and/or ecological risk assessment for the registration review of propoxycarbazone-sodium, and opens a public comment period on this document. 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 draft human health and ecological risk assessment for all uses of the previously listed pesticide chemical. The ecological risk assessment includes or will include an assessment of risks to listed species, and the human health and ecological risk assessments includes or will include a determination of endocrine disrupter effects for the case. After reviewing comments received during the public comment period, EPA may issue revised risk assessments, explain any changes to the draft risk assessments, and respond to comments. The Agency also will request public input on any proposed risk mitigation measures before completing a proposed registration review decision for the previously listed pesticide chemical. 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 registration is based on current scientific and other knowledge, including its effects on human health and the environment.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Placer County Air Pollution Control District (PCAPCD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from the surface coating of plastic parts and products, metalworking fluids (MWF) and direct-contact lubricants (DCL). We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is finalizing its proposal to approve revisions to the Texas State Implementation Plan (SIP) for the Houston/Galveston/Brazoria (HGB) and Dallas Fort Worth (DFW) 1997 8-Hour ozone nonattainment areas. The HGB area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. The DFW area consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant counties. Specifically, we are approving portions of multiple revisions to the Texas SIP submitted by the Texas Commission on Environmental Quality (TCEQ) as meeting Reasonably Available Control Technology (RACT) requirements. The RACT requirements apply to sources of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOx) in these areas. This action is in accordance with the federal Clean Air Act (the Act, CAA).

EPA's Office of Pesticide Programs, the U.S. Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS) (collectively, the Services), and the U.S. Department of Agriculture (USDA) are holding a 1-day workshop to provide an update on the status of interagency efforts to further develop interim scientific methods that were issued in November 2013 by EPA, the Services, and USDA in response to the National Academy of Sciences (NAS) report entitled, ``Assessing Risks to Endangered and Threatened Species from Pesticides''. This workshop builds upon public meetings held in November and December 2013, and April and October 2014, and provides a forum for stakeholders to offer scientific and technical feedback on the ongoing efforts to develop draft Biological Evaluations (BEs) for three pilot chemicals (chlorpyrifos, diazinon, and malathion). This workshop provides an opportunity to continue the dialogue on the implementation of the enhanced stakeholder engagement process that was finalized in March 2013. The workshop is not designed, or intended, to be a decision-making forum; consensus will not be sought, or developed at the meeting. This meeting furthers the agencies' goal of developing a consultation process for assessing pesticide's impacts on listed species that is efficient, inclusive, and transparent.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), ``Effluent Guidelines and Standards for the Airport Deicing Category (Renewal)'' (EPA ICR No. 2326.03, OMB Control No. 2040-0285) 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 March 31, 2015. Public comments were previously requested via the Federal Register (79 FR 78428) on December 30, 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 Comprehensive Environmental Response, Compensation, and Liability Act (``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 (``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 proposes to add six sites to the General Superfund section of the NPL.

On February 2, 2015, the Environmental Protection Agency (EPA) published a direct final rule approving revisions to the Albuquerque/ Bernalillo County, New Mexico State Implementation Plan. These revisions add definitions and clarifying changes to the general provisions and add a new emissions inventory regulation that establishes reporting requirements for stationary sources in Albuquerque/Bernalillo County. The direct final rule was published without prior proposal because EPA anticipated no adverse comments. EPA stated in the direct final rule that if we received relevant, adverse comments by March 4, 2015, EPA would publish a timely withdrawal in the Federal Register. EPA received a comment on February 20, 2015 from the Sierra Club stating in relevant part, that an Acting Regional Administrator cannot sign approvals, disapprovals, or any combination of approvals or disapproval, in whole or in part, due to the fact that the authority to act on agency actions on state implementation plans is delegated only to, and therefore can only be signed by, the Regional Administrator. EPA considers this a relevant, adverse comment and accordingly we are withdrawing our direct final rule approval, and in a separate subsequent final rulemaking we will address the comment received. The withdrawal is being taken pursuant to section 110 of the Clean Air Act (CAA).

EPA is announcing its receipt of test data submitted pursuant to a test rule 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.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision pertains to a new regulation for biomass fuel-burning equipment and related amendments to existing regulations. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted on August 22, 2013 by the Maryland Department of the Environment (MDE). This revision pertains to Maryland's major nonattainment New Source Review (NSR) program, notably preconstruction permitting requirements for sources of fine particulate matter (PM2.5). This action is being taken under the Clean Air Act (CAA).