Environmental Protection Agency April 4, 2016 – Federal Register Recent Federal Regulation Documents

The U.S. Environmental Protection Agency (EPA) is planning to submit a request to renew an existing information collection request (ICR), ``Clean Water State Revolving Fund Program'' (EPA ICR No. 1391.10, OMB Control No. 2040-0118), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). 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 July 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 (EPA) is announcing the release of recommended aquatic life water quality criteria for cadmium. EPA has updated its national recommended ambient water quality criteria for cadmium in order to reflect the latest scientific information, and current EPA policies and methods. EPA's water quality criteria for cadmium provides recommendations to states and tribes authorized to establish water quality standards under the Clean Water Act. In adopting water quality standards, states set exposure protections for aquatic life; acute exposure to cadmium results in lethality, while chronic exposure to cadmium negatively impacts growth, development, behavior, reproduction, and immune and endocrine systems in aquatic life. Cadmium enters the environment by natural and human processes, however, human sources, such as mining and urban processes, are responsible for contributing approximately 90 percent of the cadmium found in surface waters.

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 Center for Biological Diversity, Center for Environmental Health, and Neighbors for Clean Air (``Plaintiffs'') in the United States District Court for the Northern District of California: Center for Biological Diversity, et al. v. EPA, No. 4:15-cv-4663-SBA (N.D. CA.). On December 14, 2015, Plaintiffs filed a First Amended Complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform specific duties mandated by the CAA. First, Plaintiffs allege that EPA failed to make a finding concerning whether the State of California has made a complete state implementation plan (``SIP'') submission to address nonattainment new source review (``NNSR'') requirements related to the 2006 fine particulate matter (``PM2.5'') National Ambient Air Quality Standard (``NAAQS'') for El Dorado and Yolo-Solano air districts in California. Second, Plaintiffs allege that EPA failed to take final action to approve, disapprove, or conditionally approve, in whole or in part, certain complete SIP submissions from the States of Arizona, California, Idaho, Oregon, and Utah intended to address NNSR or other specific requirements related to the 2006 PM2.5 NAAQS for certain designated nonattainment areas. Third, Plaintiffs allege that EPA has failed to meet a duty to promulgate a federal implementation plan (``FIP'') for the State of Montana with respect to SIP requirements pertaining to state boards that approve permits or enforcement orders, or to the head of an executive agency with similar powers. The proposed consent decree would establish deadlines for EPA to take certain specified actions.

The Environmental Protection Agency (EPA) is reopening the comment period for a proposed rule to establish a Clean Air Act (CAA) Federal Implementation Plan (FIP) to address regional haze and visibility transport requirements for the State of Arkansas. The reopening of the comment period is strictly limited to EPA's calculations of revised RPGs for Arkansas' Class I areas, which are presented in a supporting document being made available at this time in the docket. EPA is reopening the public comment period until May 4, 2016.