Environmental Protection Agency February 2016 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to disapprove a State Implementation Plan, submitted by the Commonwealth of Puerto Rico to the EPA on January 30, 2015, for the purpose of providing for attainment of the 2008 Lead National Ambient Air Quality Standards in the Arecibo 2008 Lead nonattainment area. While the SIP includes all of the required elements for the Arecibo Area, the EPA proposes disapproval because the dispersion modeling analysis does not demonstrate attainment of the lead standard.

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Virginia State Implementation Plan (SIP) submitted by the Virginia Department of Environmental Quality (VADEQ) on behalf of the Commonwealth on July 22, 2014. VADEQ's submittal revises Virginia's Prevention of Significant Deterioration (PSD) air quality preconstruction permitting program to be consistent with the federal PSD regulations regarding the use of the significant monitoring concentration (SMC) and significant impact levels (SILs) for fine particulate matter (PM2.5) emissions. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency has submitted an information collection request (ICR), ``NSPS for Small Municipal Waste Combustors (40 CFR part 60, subpart AAAA) (Renewal)'' (EPA ICR No. 1900.06, OMB Control No. 2060-0423), 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 February 29, 2016. Public comments were previously requested via the Federal Register (80 FR 32116) on June 5, 2015 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 neither conduct nor 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) proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia which revises Virginia's Prevention of Significant Deterioration (PSD) air quality preconstruction permitting program to be consistent with the federal PSD regulations regarding the use of the significant monitoring concentration (SMC) and significant impact levels (SILs) for fine particulate matter (PM2.5) emissions. 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.

The Environmental Protection Agency (EPA) proposes to grant full approval of Missouri's attainment demonstration State Implementation Plan (SIP) for the lead National Ambient Air Quality Standard (NAAQS) for the Exide Technologies Canon Hollow facility in Forest City, Missouri, received by EPA on October 20, 2014. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted by the state satisfies the applicable requirements of the Clean Air Act (CAA) identified in EPA's Final Rule published on October 15, 2008 in the Federal Register, and will bring the violating area into attainment of the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS.

The U.S. Environmental Protection Agency (EPA) is proposing to add a subsurface intrusion (SsI) component to the Hazard Ranking System (HRS) which is the principal mechanism that EPA uses to evaluate sites for placement on the National Priorities List (NPL). The subsurface intrusion component (this addition) would expand the number of available options for EPA and state and tribal organizations performing work on behalf of EPA to evaluate potential threats to public health from releases of hazardous substances, pollutants, or contaminants. This addition will allow an HRS evaluation to directly consider human exposure to hazardous substances, pollutants, or contaminants that enter regularly occupied structures through subsurface intrusion in assessing a site's relative risk, and thus, enable subsurface intrusion contamination to be evaluated for placement of sites on the NPL. The agency is not considering changes to the remainder of the HRS except for minor updates reflecting changes in terminology.

The Environmental Protection Agency (EPA) is announcing an extension of the public comment period for the proposed rule titled ``Greenhouse Gas Reporting Rule: Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems.'' The public comment period for this proposal began on January 29, 2016. This document announces the extension of the deadline for public comment from February 29, 2016 to March 15, 2016.

The Environmental Protection Agency (EPA) is taking final action to approve Iowa's attainment demonstration State Implementation Plan (SIP) for the lead National Ambient Air Quality Standard (NAAQS) nonattainment area of Council Bluffs, Pottawattamie County, Iowa, received by EPA on February 9, 2015. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted by the state satisfies the applicable requirements of the Clean Air Act (CAA), and will bring the designated portions of Council Bluffs, Iowa into attainment of the 0.15 microgram per cubic meter ([mu]g/m\3\) lead NAAQS.

This regulation establishes an exemption from the requirement of a tolerance for residues of D-glucitol, 1-deoxy-1-(methylamino)-, N- C8-10 acyl derivatives (CAS Reg. No. 1591782-62-5) when used as an inert ingredient (surfactant) applied to growing crops and raw agricultural commodities after harvest at a concentration not to exceed 40% by weight under 40 CFR 180.910. Keller & Heckman LLP on behalf of the Clariant Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives.

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 Preserve Pepe`ekeo Health and Environment (``PPHE'') in the United States District Court for the District of Hawai'i: PPHE v. McCarthy, Civil Action No. 1:15-cv-00412- ACK-BMK (D. Haw.). On October 10, 2015, Plaintiff filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform a non-discretionary duty to grant or deny within 60 days a petition submitted by PPHE on September 13, 2014 requesting that EPA object to a CAA Title V permit issued by the Environmental Management Division of the Clean Air Branch, Hawaii Department of Health, to Hu Honua Bioenergy, LLC, authorizing the operation of the Hu Honua Bioenergy Facility located in Pepe`ekeo, Hawaii. The proposed consent decree would establish a deadline for EPA to take such action.

The Environmental Protection Agency (EPA) is amending the EPA's regulatory definition of volatile organic compounds (VOC) under the Clean Air Act (CAA). The regulatory definition of VOC currently excludes t-butyl acetate (also known as tertiary butyl acetate or TBAC; CAS Number: 540-88-5) for purposes of VOC emissions limitations or VOC content requirements on the basis that it makes a negligible contribution to tropospheric ozone formation. However, the current definition includes TBAC as a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC. This final action removes the recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements related to the use of TBAC as a VOC.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the state of Missouri. The revisions address base year Emissions Inventory (EI) and emissions statement requirements of the Clean Air Act (CAA) for the Missouri portion of the St. Louis marginal ozone nonattainment area (``St. Louis area''). The Missouri counties comprising the St. Louis area are Franklin, Jefferson, St. Charles, and St. Louis along with the City of St. Louis. EPA is proposing to approve the SIP revisions because they satisfy the CAA section 182 requirements for the 2008 8- hour ozone National Ambient Air Quality Standards (NAAQS). EPA is proposing the revisions pursuant to section 110 and part D of the CAA and EPA's regulations. EPA will consider and take action on the Illinois submission for its portion of the St. Louis area in a separate action.

The Environmental Protection Agency (EPA) is finalizing approval and finalizing the conditional approval of portions of the fine particulate matter (PM2.5) State Implementation Plan (SIP) and other general rule revisions submitted by the State of Utah. The revisions affect the Utah Division of Administrative Rules (DAR), R307-300 Series; Requirements for Specific Locations. The revisions had submission dates of: February 2, 2012, May 9, 2013, June 8, 2013, February 18, 2014, April 17, 2014, May 20, 2014, July 10, 2014, August 6, 2014, and December 9, 2014. These area source rules control emissions of direct PM2.5 and PM2.5 precursors, sulfur dioxides (SO2), nitrogen oxides (NOX) and volatile organic compounds (VOC). Our approval will make these rules federally enforceable. Additionally, EPA is finalizing approval of the State's reasonably available control measure (RACM) determinations for the rule revisions that pertain to the PM2.5 SIP. This action is being taken under section 110 of the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is proposing to approve, as a revision to the State Implementation Plan (SIP), a submittal by the Indiana Department of Environmental Management (IDEM) on April 27, 2015 and September 10, 2015. The submittal concerns the state's Stage II vapor recovery (Stage II) program for Clark and Floyd counties in southern Indiana as part of the Louisville, Kentucky ozone nonattainment area, and Lake and Porter counties in northwest Indiana as part of the Chicago ozone nonattainment area. The submittal removes Stage II requirements from both nonattainment areas, as a component of the Indiana ozone SIP. The submittal also includes a demonstration under the Clean Air Act (CAA) that addresses emission impacts associated with the removal of the Stage II program.

The Environmental Protection Agency (EPA) is proposing revisions to better define the requirements associated with conducting Method 303 training courses. In the ``Rules and Regulations'' section of this issue of the Federal Register, we are approving the revisions to Method 303 as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. Method 303 is an air pollution test method used to determine the presence of visible emissions (VE) from coke ovens. This action adds language that further clarifies the criteria used by the EPA to determine the competency of Method 303 training providers, but does not change the requirements for conducting the test method. These changes will help entities interested in conducting the required training courses by clearly defining the requirements necessary to do so.

On August 30, 2012, the Georgia Department of Natural Resources, through the Georgia Environmental Protection Division (GA EPD), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Atlanta, Georgia, fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Atlanta Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 national ambient air quality standards (NAAQS) and a related state implementation plan (SIP) revision containing a maintenance plan for the Atlanta Area. EPA is taking the following separate final actions related to the August 30, 2012, redesignation request and SIP revision: Determining that the Atlanta Area is continuing to attain the 1997 Annual PM2.5 NAAQS; approving into Georgia's SIP the State's plan for maintaining the 1997 Annual PM2.5 NAAQS in the Atlanta Area (maintenance plan), including the associated motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and direct PM2.5 for the year 2024; and redesignating the Atlanta Area to attainment for the 1997 Annual PM2.5 NAAQS. Additionally, EPA finds the 2024 MVEBs for the Atlanta Area adequate for the purposes of transportation conformity.

The Environmental Protection Agency is planning to submit an information collection request (ICR), Recordkeeping and Reporting Solid Waste Disposal Facilities and Practices; ``(EPA ICR No. 1381.11, OMB Control No. 2050-0122) 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 May 31, 2016. 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), ``NSPS for Secondary Lead Smelters (40 CFR part 60, subpart L) (Renewal)'' (EPA ICR No. 1128.11, OMB Control No. 2060-0080), 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 February 29, 2016. Public comments were previously requested via the Federal Register (80 FR 32116) on June 5, 2015 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 neither conduct nor 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 increases the currently established tolerance for residues of pyriproxyfen in or on tea from 0.02 parts per million (ppm) to 15 ppm. Sumitomo Chemical Company, Ltd., c/o Valent U.S.A. Corporation, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces EPA's approval of the State of Hawaii's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

This notice announces EPA's approval of the State of Arizona's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

The Environmental Protection Agency (EPA) is proposing to approve Wisconsin's December 23, 2015, state implementation plan (SIP) revision to the Milwaukee-Racine-Waukesha (Milwaukee), Wisconsin 2006 24-Hour Particulate Matter (PM2.5) maintenance plan. This SIP revision establishes new Motor Vehicle Emissions Budgets (MVEB) for Volatile Organic Compounds (VOC) for 2020 and 2025. The MVEBs for Oxides of Nitrogen, Sulfur Dioxide, and PM2.5 will remain the same. EPA is approving the allocation of a portion of the safety margin for VOC in the PM2.5 maintenance plan to the 2020 and 2025 MVEBs. The 2020 and 2025 total year emissions of VOC for the area will remain below the attainment level required by the transportation conformity regulations.

Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is approving a June 1, 2015, request by Indiana to revise the State Implementation Plan (SIP) to incorporate changes to the particulate matter (PM) rules contained in Title 326 of the Indiana Administrative Code (IAC). This approval affects sources of PM in the state of Indiana.

The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2014 is available for public review.

The Environmental Protection Agency (EPA) is proposing to approve some elements of a state implementation plan (SIP) submission from Wisconsin regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). 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.