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

The Environmental Protection Agency (EPA) is approving the State of Tennessee's May 23, 2014, State Implementation Plan (SIP) revision, submitted through the Tennessee Department of Environment and Conservation (TDEC) on behalf of the Shelby County Health Department (SCHD), seeking to modify the SIP by removing the Inspection and Maintenance (I/M) program in the City of Memphis, Tennessee, and by incorporating Shelby County's revised maintenance plan for the 1997 8- hour ozone national ambient air quality standards (NAAQS). Among other things, the revised maintenance plan updates the emissions inventory estimates and the motor vehicle emissions budgets (MVEBs) for the years 2006 and 2021, and contains an emissions reduction measure to offset the emissions increase expected from the termination of City of Memphis I/M program. EPA has determined that Tennessee's May 23, 2014, SIP revision is consistent with the applicable provisions of the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Arizona State Implementation Plan (SIP) under the Clean Air Act. These revisions include rescissions of outdated test methods and performance test specifications. The intended effect is to rescind unnecessary provisions from the applicable SIP.

The Environmental Protection Agency (EPA) is announcing a 30- day public comment period for the draft document titled, ``Updates to the Demographic and Spatial Allocation Models to Produce Integrated Climate and Land Use Scenarios (ICLUS) Version 2'' (EPA/600/R-14/324). EPA is also announcing that Versar, Inc., an EPA contractor for external scientific peer review, will select four independent experts from a pool of eight to conduct a letter peer review of the same draft document. The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. This document describes the development of version 2 of Integrated Climate and Land Use Scenarios (ICLUS), including updates to data sets and the demographic and spatial allocation models. EPA intends to forward the public comments that are submitted in accordance with this document to the external peer reviewers for their consideration during the letter peer review. When finalizing the draft documents, EPA intends to consider any public comments received in response to this document. EPA is releasing this draft document for the purposes of public comment and peer review. This draft document is not final as described in EPA's information quality guidelines and does not represent and should not be construed to represent Agency policy or views. The draft document is available via the Internet on EPA's Risk Web page under the Recent Additions at https://www.epa.gov/risk.

The Environmental Protection Agency (EPA) is planning to submit the information collection request (ICR), 2017 Hazardous Waste Report, Notification of Regulated Waste Activity, and Part A Hazardous Waste Permit Application and Modification. (EPA ICR No. 0976.18, OMB Control No. 2050-0024 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 January 31, 2017. 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.

Under 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency (EPA) has entered into a settlement with James R. Forshaw and Wood Protection Products, Inc., concerning the Forshaw Chemicals Superfund Site located in Charlotte, Mecklenburg County, North Carolina. The settlement addresses recovery of CERCLA costs for a cleanup action performed by the EPA at the Site.

EPA has received an application to register a pesticide product containing an active ingredient not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on this application.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Prepared Feeds Manufacturing (40 CFR part 63, subpart DDDDDDD) (Renewal)'' (EPA ICR No. 2354.04, OMB Control No. 2060-0635), 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, 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 has submitted an information collection request (ICR), ``NESHAP for Primary Magnesium Refining (40 CFR part 63, subpart TTTTT) (Renewal)'' (EPA ICR No. 2098.07, OMB Control No. 2060-0536), 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, 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 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), ``Reporting and Recordkeeping Requirements of the HCFC Allowance System'' (EPA ICR No. 2014.06, OMB Control No. 2060-0498) 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, 2016. Public comments were previously requested via the Federal Register (80 FR 76474) on December 9, 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 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 taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of Georgia, through the Georgia Department of Natural Resources (DNR), Environmental Protection Division (EPD), on October 22, 2013, and supplemented on July 25, 2014, for inclusion into the Georgia SIP. This final action pertains to the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour sulfur dioxide (SO2) national ambient air quality standard (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 submission.'' The EPD certified that the Georgia SIP contains provisions that ensure the 2010 1-hour SO2 NAAQS is implemented, enforced, and maintained in Georgia. EPA has determined that portions of the Georgia infrastructure SIP submission, provided to EPA on October 22, 2013, and supplemented on July 25, 2014, satisfies the certain required infrastructure elements for the 2010 1- hour SO2 NAAQS.

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 Sierra Club and the Louisiana Environmental Action Network (collectively ``Plaintiffs'') in the United States District Court for the Middle District of Louisiana: Louisiana Environmental Action Network v. McCarthy, Civil Action No. 3:15-cv-00858-JJB-RLB (M.D. L.A.). On December 23, 2015, Plaintiffs filed a complaint and amended 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 Plaintiffs on May 19, 2015 requesting that EPA object to a CAA Title V permit issued by the Louisiana Department of Environmental Quality (``LDEQ''), to Yuhuang Chemical Inc., authorizing the construction and operation of the Yuhuang methanol manufacturing plant in St. James, Louisiana. The proposed consent decree would establish a deadline for EPA to take such action.

This notice announces EPA's receipt of an application (88877- EUP-2) from the University of Kentucky's Department of Entomology requesting an amendment and extension to an already existing experimental use permit (EUP) for Wolbachia pipientis, wAlbB Strain. EPA has determined that the permit may be of regional or national significance. Therefore, because of the potential significance, EPA is seeking comments on this application.

The Environmental Protection Agency (EPA) proposes to issue a general permit to authorize any officer, employee, agent, department, agency, or instrumentality of federal, state, tribal, or local unit of government, as well as any Marine Mammal Health and Stranding Response Program (MMHSRP) Stranding Agreement Holder, and any Alaska Native subsistence user to transport from the United States and dispose of marine mammal carcasses in ocean waters. EPA's purpose in proposing a general permit is to expedite required authorizations that otherwise currently require the issuance of an emergency permit for the ocean disposal of marine mammal carcasses. EPA also proposes permit terms that would apply for at sea disposal of marine mammal carcasses generally by governmental entities (and MMHSRP Agreement Holders), as well as by Alaska Native subsistence users based on circumstances specific to the remote locations of such disposals. The EPA invites public comment on all aspects of this proposed general permit.

This notice announces the availability of EPA's draft human health risk and draft ecological risk assessments for aldicarb, bensulide, coumaphos, ethalfluralin, and pirimiphos-methyl and opens a public comment period on these documents. 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 assessments for all aldicarb, bensulide, coumaphos, ethalfluralin, and pirimiphos- methyl uses. After reviewing comments received during the public comment period, EPA will issue a revised risk assessment, explain any changes to the draft risk assessment, and respond to comments and may request public input on risk mitigation before completing a proposed registration review decision for aldicarb, bensulide, coumaphos, ethalfluralin, and pirimiphos-methyl. 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.

On July 15, 2015, the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Bristol, Tennessee 2008 lead nonattainment area (hereafter referred to as the ``Bristol Area'' or the ``Area'') to attainment for the 2008 lead National Ambient Air Quality Standards (NAAQS) and an associated State Implementation Plan (SIP) revision containing a maintenance plan and a reasonably available control measures (RACM) determination for the Area. EPA is proposing to determine that the Bristol Area is continuing to attain the 2008 lead NAAQS; to approve the SIP revision containing the State's maintenance plan for maintaining attainment of the 2008 lead standard and the State's RACM determination; and to redesignate the Bristol Area to attainment for the 2008 lead NAAQS.

The Environmental Protection Agency (EPA) proposes to approve the 2011 base year inventories for the 2008 8-hour ozone national ambient air quality standard (NAAQS) for the Allentown-Bethlehem- Easton, Lancaster, Pittsburgh-Beaver Valley, and Reading nonattainment areas, and the Pennsylvania portion of the Philadelphia-Wilmington- Atlantic City nonattainment area, submitted by the Commonwealth of Pennsylvania as a revision to the Pennsylvania State Implementation Plan (SIP). In the Rules and Regulations section of this issue of the Federal Register, EPA is approving Pennsylvania'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. The rationale for the approval is set forth in the direct final rule. More detailed descriptions of the state submittal and EPA's evaluation are included in Technical Support Documents (TSD) prepared in support of this rulemaking action. Copies of the TSDs are available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document or are also available electronically within the Docket for this rulemaking action. 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) is proposing to approve elements of State Implementation Plan (SIP) revisions from the State of Utah to demonstrate the State meets infrastructure requirements of the Clean Air Act (Act or CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October 15, 2008, nitrogen dioxide (NO2) on January 22, 2010, sulfur dioxide (SO2) on June 2, 2010 and fine particulate matter (PM2.5) on December 14, 2012. The EPA is also proposing to approve SIP revisions the State submitted regarding state boards. Section 110(a) of the CAA requires that each state submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by the EPA.

This notice announces EPA's approval of the State of Rhode Island's request to revise its National Primary Drinking Water Regulations Implementation EPA-authorized program to allow electronic reporting.

This notice announces EPA's approval of the State of Louisiana's request to revise its National Primary Drinking Water Regulations Implementation EPA-authorized program to allow electronic reporting.

This notice announces EPA's approval of the State of Alabama's request to revise/modify its General Pretreatment Regulations for Existing and New Sources of Pollution EPA-authorized program to allow electronic reporting.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M) (Renewal)'' (EPA ICR No. 1415.11, OMB Control No. 2060-0659), 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, 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 has submitted an information collection request (ICR), ``Hazardous Waste Specific Unit Requirements, and Special Waste Processes and Types (Renewal)'' (EPA ICR No. 1572.11, OMB Control No. 2050-0050) 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, 2016. Public comments were previously requested via the Federal Register (81 FR 1420) on January 12, 2016 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) Region 10 proposes to issue a National Pollutant Discharge Elimination System (NPDES) General Permit for Drinking Water Treatment Facilities in Idaho (DWGP). This proposed draft DWGP is intended to provide coverage for seven existing facilities with expired individual permits, in addition to any new applicants who are eligible for coverage. The seven existing permittees have individual permits which were issued on November 1, 2006, and expired on October 31, 2011. These seven permittees currently operate under an administrative extension of their individual permits. When issued, the DWGP will replace these seven administratively extended individual permits. As proposed, the DWGP authorizes the discharge from drinking water treatment facilities to surface waters within the State of Idaho from existing facilities and new facilities interested in seeking coverage. The draft DWGP contains technology- based and water quality-based effluent limitations for conventional and toxic pollutants, along with administrative reporting and monitoring requirements, as well as standard conditions, prohibitions, and management practices. A description of the basis for the conditions and requirements of the proposed general permit is given in the Fact Sheet. Section 401 of the Clean Water Act, 33 U.S.C. 1341, requires EPA to seek a certification from the State of Idaho that the conditions of the DWGP comply with State water quality standards. The Idaho Department of Environmental Quality (IDEQ) has provided a draft certification that the draft DWGP complies with State of Idaho Water Quality Standards (IDAPA 58.01.02), including the State's antidegradation policy. EPA intends to seek a final certification from IDEQ prior to issuing the DWGP. This is also notice of the draft Sec. 401 certification provided by IDEQ. Persons wishing to comment on the draft State certification should send written comments to Nicole Deinarowicz; Idaho Department of Environmental Quality, State Office, Surface Water Program; 1410 North Hilton Street; Boise, Idaho 83706 or via email to nicole.deinarowicz@deq.idaho.gov

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 has submitted an information collection request (ICR), ``NESHAP for Printing and Publishing Industry (40 CFR part 63, subpart KK) (Renewal)'' (EPA ICR No. 1739.08, OMB Control No. 2060-0335), 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, 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 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.