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

This document announces the Office of Management and Budget (OMB) responses to Agency clearance requests in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). 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 OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

The Environmental Protection Agency (EPA) is approving revisions to Indiana's minor new source review (NSR) construction permit rule. The rule applies to construction of new units or modifications of existing units at sources subject to title V and Federally enforceable state operating permit requirements. This rule replaces the previous state implementation plan (SIP) minor source construction permit rule for Indiana.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) and Sacramento Metropolitan Air Quality Management District (SMAQMD) portions of the California State Implementation Plan (SIP). These revisions concern particulate matter (PM) emissions from particulate matter air pollution control devices and residential wood burning. We are proposing to approve these local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is taking final action to revise the Standards of Performance for New Residential Wood Heaters and to add a new subpart: Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces. Today's rule is authorized by section 111(b) and section 114 of the Clean Air Act (CAA). The EPA is not finalizing, at this time, the proposed Standards of Performance for New Residential Masonry Heaters in order to allow additional time for the Masonry Heater Association to finish their efforts to develop revised test methods, an emissions calculation program and an alternative dimensioning standard. This final rule achieves several objectives for new residential wood heaters, including applying updated emission limits that reflect the current best systems of emission reduction; eliminating exemptions over a broad suite of residential wood combustion devices; strengthening test methods as appropriate; and streamlining the certification process. Residential wood smoke emissions are a significant national air pollution problem and human health issue. These emissions occur in many neighborhoods across the country, including minority and low-income neighborhoods, and impact people in their homes. To the extent that children and other sensitive populations are particularly susceptible to asthma, and that minority populations and low-income populations are more vulnerable, this rule will significantly reduce the pollutants that adversely affect their health. On an economic basis, the public benefits of this rule vastly outweigh the costs, with every dollar in additional cost producing more than $100 in public benefit. This final action does not include any requirements for heaters solely fired by gas, oil or coal. In addition, it does not include any new requirements associated with appliances that are already in use. The EPA continues to strongly encourage state, local, tribal, industry and consumer efforts to change out (replace) older heaters with newer, cleaner, more efficient heaters. Additional information is on the EPA Burn Wise Web site at www.epa.gov/burnwise. Also, we encourage state, local, and tribal authorities to develop site-specific installation and operating requirements to help ensure healthy air for all.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Identification, Listing and Rulemaking Petitions (Renewal) (EPA ICR No. 1189.25, OMB Control No. 2050-0053) 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 June 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.

EPA issued a notice in the Federal Register of January 14, 2015, concerning the availability of the chlorpyrifos registration review; revised human health risk assessment. This document extends the comment period for 45 days, from March 16, 2015 to April 30, 2015.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the SAB Economy-Wide Modeling Panel. The SAB Staff Office also announces a public face-to-face meeting of the SAB Economy-Wide Modeling Panel.

The Environmental Protection Agency (EPA) is proposing to approve portions of the November 2, 2012, State Implementation Plan (SIP) submission, provided by the North Carolina Department of Environment and Natural Resources (NC DENR), Division of Air Quality (NCDAQ) for inclusion into the North Carolina SIP. This proposal pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. NCDAQ certified that the North Carolina SIP contains provisions that ensure the 2008 8-hour ozone NAAQS is implemented, enforced, and maintained in North Carolina (hereafter referred to as an ``infrastructure SIP submission''). With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting, interstate transport, and state boards requirements, EPA is proposing to approve North Carolina's infrastructure SIP submission provided to EPA on November 2, 2012, as satisfying the required infrastructure elements for the 2008 8-hour ozone NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve an expansion of the ocean dredged material disposal site (ODMDS) site offshore of Jacksonville, Florida pursuant to the Marine Protection, Research and Sanctuaries Act, as amended (MPRSA). The primary purpose for the site expansion is to serve the long-term need for a location to dispose of material dredged from the St. Johns River navigation channel, and to provide a location for the disposal of dredged material for persons who have received a permit for such disposal. The expanded site will be subject to ongoing monitoring and management to ensure continued protection of the marine environment.

This notice announces the availability of the Environmental Protection Agency (EPA's) decision to partially approve and proposal to partially disapprove Louisiana's 2014 Clean Water Act Section 303(d) submission of water quality limited segments and associated pollutants. EPA requests public comment on waters associated with the proposed disapproval and may, based on comment, amend its proposal prior to final action. On February 26, 2015, EPA partially approved and proposed to partially disapprove Louisiana's 2014 Section 303(d) submission, or list. Specifically, EPA approved Louisiana's listing of 279 waterbody- pollutant combinations, and associated priority rankings. EPA proposed to disapprove Louisiana's decision not to list 43 water quality limited segments and associated pollutants constituting 93 waterbody-pollutant combinations. EPA also proposed to add these waterbody-pollutant combinations to the 2014 Section 303(d) list because applicable numeric water quality standards were not attained in these segments for one of the following parameters: Dissolved oxygen (marine criterion); turbidity; and minerals (individually or a combination of sulfates, chlorides, and/or total dissolved solids). EPA is providing the public the opportunity to review its proposed additions to Louisiana's 2014 Section 303(d) list. EPA will consider and respond to public comments specific to the proposed addition of 43 segments and associated pollutants and may, based on comment, amend its proposed additions before finalizing Louisiana's 2014 Section 303(d) list. Comments not associated with the segments proposed for addition to the 2014 Section 303(d) list or associated with the 279 waterbody pollutant combinations previously approved by EPA are not solicited.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island on February 21, 2014. This revision includes a regulation adopted by Rhode Island that establishes procedures to follow for transportation conformity determinations. Conformity to the purpose of the SIP means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the national ambient air quality standards. The intended effect of this action is to approve Rhode Island's transportation conformity regulation into the Rhode Island SIP. This action is being taken in accordance with the Clean Air Act.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) on August 30, 2010. This revision pertains to the Air Pollution Control portion of the Allegheny County Health Department (ACHD) Rules and Regulations, and consists of changes to the regulations establishing installation permit application and administration fees, as well as open burning permit application fees. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is taking final action to approve a portion of the July 20, 2012, State Implementation Plan (SIP) submission, provided by the North Carolina Department of Environment and Natural Resources (NC DENR), Division of Air Quality (NCDAQ) for inclusion into the North Carolina SIP. This final action pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 Lead national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. NCDAQ certified that the North Carolina SIP contains provisions that ensure the 2008 Lead NAAQS is implemented, enforced, and maintained in North Carolina. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting and state board requirements, EPA is taking final action to approve North Carolina's infrastructure SIP submission, provided to EPA on July 20, 2012, because it addresses the required infrastructure elements for the 2008 Lead NAAQS.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the West Virginia State Implementation Plan (SIP). The SIP revision addresses the State Boards requirements for all criteria pollutants of the National Ambient Air Quality Standards (NAAQS). EPA is also approving a related infrastructure element from the West Virginia February 21, 2012 SIP submittal for the 2008 ozone (O3) NAAQS, the December 13, 2012 SIP submittal for the 2010 nitrogen dioxide (NO2) NAAQS, and the July 1, 2013 SIP submittal for the 2010 sulfur dioxide (SO2) NAAQS. EPA is approving this SIP revision in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) submission from the State of Kansas addressing the applicable requirements of Clean Air Act (CAA) section 110 for the 2010 National Ambient Air Quality Standards (NAAQS) for Sulfur Dioxide (SO2), 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.

Notice is hereby given by the U.S. Environmental Protection Agency (EPA or Agency) that an exemption to the land disposal restrictions under the 1984 Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA) has been granted to ArcelorMittal Burns Harbor, LLC (AMBH) of Burns Harbor, Indiana, for four Class I injection wells located in Burns Harbor, Indiana. As required by 40 CFR part 148, AMBH has demonstrated, to a reasonable degree of certainty, that there will be no migration of hazardous constituents out of the injection zone or into an underground source of drinking water (USDW) for at least 10,000 years. This final decision allows the continued underground injection by AMBH of a specific restricted waste, Spent Pickle Liquor (SPL) into one Class I hazardous waste injection well specifically identified as SPL #1; and of waste ammonia liquor (WAL) into three Class I hazardous waste injection wells specifically identified as WAL #1, WAL #2 and WAL #3 at the AMBH facility. This decision constitutes a final EPA action for which there is no administrative appeal.

EPA is finalizing a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for the chemical substance Pentane, 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy)- that was the subject of premanufacture notice (PMN) P-07-204. This action requires persons who intend to manufacture (including import) this chemical substance for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Mississippi State Implementation Plan (SIP) submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), on February 10, 2012. The SIP revision modifies Mississippi's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program to incorporate by reference (IBR) certain Federal PSD regulations. The revision also removes certain language from the SIP that is no longer relevant. EPA is approving Mississippi's February 10, 2012, revision to Mississippi's SIP because the Agency has determined that the changes are consistent with the Clean Air Act (CAA or Act) and EPA's PSD permitting regulations.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Tennessee state implementation plan (SIP) submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) on January 5, 2015, to address the emissions statement requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The revision affects Davidson, Rutherford, Shelby, Sumner, Knox, Blount, Anderson, Williamson, and Wilson Counties. Annual emissions statements are required for certain sources in all ozone nonattainment areas. These changes address requirements for the Knoxville, Tennessee 2008 8-hour ozone NAAQS nonattainment area (hereinafter referred to as the Knoxville Area) and the Tennessee portion of the Memphis, Tennessee-Arkansas-Mississippi 2008 8-hour ozone NAAQS nonattainment area (hereinafter referred to as the Memphis Area). The Knoxville Area is comprised of Knox and Blount County, and a portion of Anderson County, Tennessee, and the Tennessee portion of the Memphis Area is comprised of Shelby County, Tennessee. Davidson, Rutherford, Sumner, Williamson, Wilson and the remaining portion of Anderson County are not part of an ozone nonattainment area.

On February 24, 2015, the U.S. Environmental Protection Agency (EPA) published a document in the Federal Register regarding the notice of availability and request for public comment on U.S. quantification and reporting of greenhouse gas emissions and sinks. The Web site link was inadvertently omitted and this notice corrects that omission.

This notice, pursuant the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), publishes three Notices of Intent to Suspend certain pesticide registrations issued by EPA. Each Notice of Intent to Suspend was issued following the Agency's issuance of a Data Call-In Notice (DCI), which required the registrants of the affected pesticide products containing a certain pesticide active ingredient to take appropriate steps to secure certain data, and following the registrants' failure to submit these data or to take other appropriate steps to secure the required data. The subject data were determined to be required to maintain in effect the existing registrations of the affected products. Failure to comply with the data requirements of a DCI is a basis for suspension of the affected registrations under FIFRA.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) and the operating permits program for the State of Missouri which were received on November 6, 2013, November 20, 2014, March 27, 2014, July 7, 2014, and July 14, 2014. The revisions submitted by the state include amendments to rules relating to reference methods, definitions and common reference tables, ambient air quality standards, and a rule rescission related to air quality control measures for sources clustered in small land areas. Many of the revisions are administrative in nature and either incorporate by reference or update state rules to match Federal regulations. Some are more substantive, but are non- controversial. In addition, they provide more clarity for the regulated public. This direct final action will amend the SIP to include revised regulations which will then be more consistent with Federal regulations. These revisions do not have an adverse effect on air quality. EPA's proposed approval of these rule revisions is being done in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is approving the Commonwealth of Pennsylvania's request to redesignate to attainment the Reading, Pennsylvania Nonattainment Area (Reading Area or Area) for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). EPA has determined that the Reading Area attained the standard and that it continues to attain the standard. In addition, EPA is approving, as a revision to the Pennsylvania State Implementation Plan (SIP), the Reading Area maintenance plan to show maintenance of the 1997 annual PM2.5 NAAQS through 2025 for the Area. The maintenance plan includes the 2017 and 2025 PM2.5 and nitrogen oxides (NOX) mobile vehicle emissions budgets (MVEBs) for the Reading Area for the 1997 annual PM2.5 NAAQS, which EPA is approving and finding adequate for transportation conformity purposes. EPA is also approving the comprehensive emissions inventory for the 1997 annual PM2.5 NAAQS for the Reading Area. These actions are being taken under the Clean Air Act (CAA).