Environmental Protection Agency October 21, 2016 – Federal Register Recent Federal Regulation Documents

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by the Center for Biological Diversity, Association of Irritated Residents, and Sierra Club (Plaintiffs), in the United States District Court for the Northern District of California: Center For Biological Diversity et al. v. United States Environmental Protection Agency et al. No. 4:16-cv-01946- SBA (N.D. Cal.). On April 14, 2016, Plaintiffs filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency, and Jared Blumenfeld, in his official capacity as Regional Administrator of the United States Environmental Protection Agency (collectively, ``EPA''), failed to perform a nondiscretionary duty to grant or deny within 60 days a petition submitted by Plaintiffs on December 16, 2014, requesting that EPA object to an Authority to Construct/Certificate of Conformity issued by the San Joaquin Valley Air Pollution Control District to the Alon USABakersfield, California Refinery Facility. The proposed settlement agreement would establish two deadlines for EPA to take specified action.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Motor Vehicle and Engine Compliance Program Fees (Renewal)'' (EPA ICR No. 2080.06, OMB Control No. 2060-0545) 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 October 31, 2016. Public comments were previously requested via the Federal Register (81 FR 19604) on April 5, 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.

In the Federal Register of July 28, 2016, EPA proposed to amend the hazard communication program and aspects of the regulatory framework for significant new uses of chemical substances and reporting requirements for premanufacture notices under the Toxic Substances Control Act. This document reopens the comment period for 30 days. A commenter requested additional time to submit written comments for the proposed rule. EPA believes that the request is reasonable and is therefore reopening the comment period in order to give all interested persons the opportunity to comment fully.

During a review of Louisiana's regulations, the Environmental Protection Agency (EPA) identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has determined that these changes are minor and satisfy all requirements needed to qualify for final authorization and is authorizing the State-initiated changes through this direct final action. The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Louisiana's hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations. The EPA is publishing this rule to authorize the State-initiated changes and incorporate by reference the State's hazardous waste program without a prior proposal because we believe these actions are not controversial and do not expect comments that oppose them. Unless we receive written comments which oppose the authorization in this codification document during the comment period, the decision to authorize Louisiana's State-initiated changes to its hazardous waste program will take effect. If we receive comments that oppose the authorization, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the State-initiated changes.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of North Dakota on January 28, 2013 and April 22, 2014. The revisions are to Article 33-15 Air Pollution Control rules of the North Dakota Administrative Code. The revisions include amendments to update the Prevention of Significant Deterioration (PSD) rules and the definition of ``volatile organic compounds''; to add particulate matter less than 2.5 microns in diameter (PM2.5) methods of measurement; to modify the PM2.5 state ambient air quality standard, permissible open burning rule, and permit fee processes; and, to remove permitting fees for sources that operate an air monitoring site. The revisions also make clarifying changes. This action is being taken under section 110 of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of removing the requirement for gasoline vapor recovery equipment on gasoline dispensing pumps (otherwise referred to as Stage II vapor recovery, or simply as Stage II) in Virginia area facilities formerly required to have installed and operated Stage II vapor recovery controls under the prior, approved Virginia SIP. In the Rules and Regulations section of this Federal Register, EPA is approving the Commonwealth'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 EPA's approval of Virginia's Stage II-related SIP revision with amended regulations addressing vapor recovery 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) is approving three State Implementation Plan (SIP) revisions submitted by the State of Colorado. The revisions involve amendments to Colorado's Regulation Number 11 ``Motor Vehicle Emissions Inspection Program.'' The revisions address the implementation of the Low Emitter Index (LEI) component of Regulation No. 11's Clean Screen Program, the implementation of the On- Board Diagnostics (OBD) component of Regulation No. 11, and several other associated revisions. The EPA is approving these SIP revisions in accordance with the requirements of section 110 of the Clean Air Act (CAA).