Environmental Protection Agency September 22, 2015 – Federal Register Recent Federal Regulation Documents
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Proposed Consent Decree, Clean Air Act Citizen Suit
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 WildEarth Guardians, HEAL Utah, National Parks Conservation Association, and Sierra Club (collectively, ``Plaintiffs''): Wildearth Guardians, et al. v. EPA, No. 1:15-cv-00630 (D. CO). In 2012, EPA issued a rule partially disapproving a revision to a state implementation plan (SIP) submitted by Utah to address the State's ``best available retrofit technology'' (``BART'') determination for Units 1 and 2 of the Hunter power plant and Units 1 and 2 of the Huntingdon power plant. In its lawsuit, Plaintiffs alleged that EPA has failed to meet the requirement of the Clean Air Act that the Agency promulgate a federal implementation plan (FIP) within two years of partially disapproving a SIP, in whole or in part. The proposed consent decree establishes proposed and final deadlines for EPA to take action to meet its obligations with respect to Utah.
Pesticides; Revised Fee Schedule for Registration Applications
EPA is publishing a revised list of pesticide registration service fees applicable to specified pesticide applications and tolerance actions. Under the Pesticide Registration Improvement Extension Act, the registration service fees for covered pesticide registration applications received on or after October 1, 2015, increase by 5% rounding up to the nearest dollar from the fees published for fiscal year 2015. The new fees for FY'2016 become effective on October 1, 2015.
Product Cancellation Order and/or Amendments To Terminate Uses for Certain Pesticide Registrations
This notice announces EPA's order for the cancellations and/or amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 and 2 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a July 8, 2015 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II to voluntarily cancel and/or amend these product registrations. In the July 8, 2015 notice, EPA indicated that it would issue an order implementing the cancellations and/or amendments to terminate uses, unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received comments on the notice but none merited its further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and/or amendments to terminate uses. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Approval and Promulgation of Implementation Plans for the State of Alabama: Cross-State Air Pollution Rule
The Environmental Protection Agency (EPA) is taking final action to approve the State of Alabama's March 27, 2015, State Implementation Plan (SIP) revision, submitted by the Alabama Department of Environmental Management (ADEM). This SIP revision provides Alabama's state-determined allowance allocations for existing electric generating units (EGUs) in the State for the 2016 control periods and replaces the allowance allocations for the 2016 control periods established by EPA under the Cross-State Air Pollution Rule (CSAPR). The CSAPR addresses the ``good neighbor'' provision of the Clean Air Act (CAA or Act) that requires states to reduce the transport of pollution that significantly affects downwind air quality. In this final action, EPA is approving Alabama's SIP revision, incorporating the state-determined allocations for the 2016 control periods into the SIP, and amending the regulatory text of the CSAPR Federal Implementation Plan (FIP) to reflect this approval and inclusion of the state-determined allocations. EPA's allocations of CSAPR trading program allowances for Alabama for control periods in 2017 and beyond remain in place until the State submits and EPA approves state- determined allocations for those control periods through another SIP revision. The CSAPR FIPs for Alabama remain in place until such time as the State decides to replace the FIPs with a SIP revision.
Approval and Promulgation of Implementation Plans for the State of Alabama: Cross-State Air Pollution Rule
Due to adverse comments received, the Environmental Protection Agency (EPA) is withdrawing the direct final approval of a revision to the Alabama State Implementation Plan (SIP), submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM) on March 27, 2015. EPA stated in the direct final rule that if EPA received adverse comments by August 26, 2015, the direct final rule would be withdrawn and not take effect.
Designation for Planning Purposes; California; PM10; Technical Amendment
The Environmental Protection Agency (EPA) is making a technical amendment to the Code of Federal Regulations to restore the inadvertent deletion of the entry for ``Rest of State'' from the table listing California air quality planning area designations for particulate matter of ten microns of less (PM10).
Air Plan Approval; KY; Emissions Statements for the 2008 8-Hour Ozone NAAQS
The Environmental Protection Agency (EPA) is proposing to approve the portion of a draft state implementation plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Kentucky Division of Air Quality (DAQ) on April 15, 2015, for parallel processing, that addresses the emissions statement requirements for Kentucky's portion of the Cincinnati, Ohio-Kentucky-Indiana (Cincinnati, OH-KY-IN) 2008 8-hour ozone national ambient air quality standards (NAAQS) nonattainment area (hereinafter referred to as the ``Cincinnati, OH-KY-IN Area'' or ``Area''). Annual emissions reporting (i.e., emissions statements) is required for all ozone nonattainment areas. The Area is comprised of Butler, Clermont, Clinton, Hamilton and Warren Counties in Ohio; portions of Boone, Campbell, and Kenton Counties in Kentucky; and a portion of Dearborn County in Indiana. EPA will consider and take action on the Ohio and Indiana submissions addressing the emissions statements requirements for their portions of this Area in separate actions. This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.
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