Environmental Protection Agency 2016 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is finalizing a new subpart that updates the Standards of Performance for Municipal Solid Waste Landfills. Under section 111 of the Clean Air Act, the EPA must review, and, if appropriate, revise standards of performance at least every 8 years. The EPA's review of the standards for municipal solid waste landfills considered landfills that commence construction, reconstruction, or modification after July 17, 2014. The final standards also reflect changes to the population of landfills and an analysis of the timing and methods for reducing emissions. This action will achieve additional reductions in emissions of landfill gas and its components, including methane, by lowering the emissions threshold at which a landfill must install controls. This action also incorporates new data and information received in response to the proposed rulemaking and addresses other regulatory issues including surface emissions monitoring, wellhead monitoring, and the definition of landfill gas treatment system. The new subpart will reduce emissions of landfill gas, which contains both nonmethane organic compounds and methane. Landfills are a significant source of methane, which is a potent greenhouse gas pollutant. These avoided emissions will improve air quality and reduce the potential for public health and welfare effects associated with exposure to landfill gas emissions.

As required by section 9(a)(2) of the Federal Advisory Committee Act (FACA), EPA is giving notice that, pursuant to section 2625(o) of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Agency is establishing the Science Advisory Committee on Chemicals (SACC). The purpose of the SACC is to provide independent advice and expert consultation, at the request of the EPA Administrator, with respect to the scientific and technical aspects of risk assessments, methodologies, and pollution prevention measures or approaches supporting implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Copies of the SACC charter will be filed with the appropriate congressional committees and the Library of Congress. The 14 members of the SACC will be selected from interested and available members of the existing EPA Chemical Safety Advisory Committee (CSAC). In addition, EPA invites the public to nominate experts to be considered for the Science Advisory Committee on Chemicals.

EPA was directed by Congress to publish in the Federal Register a list of mercury compounds that are prohibited from export, not later than 90 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act), which amended the Toxic Substances Control Act (TSCA). The Act was enacted on June 22, 2016. Effective January 1, 2020, the statute prohibits export of: Mercury (I) chloride or calomel; mercury (II) oxide; mercury (II) sulfate; mercury (II) nitrate; and cinnabar or mercury sulphide, unless those mercury compounds are exported to member countries of the Organization for Economic Co-operation and Development for environmentally sound disposal, on the condition that no mercury or mercury compounds so exported are to be recovered, recycled, or reclaimed for use, or directly reused, after such export. EPA is not soliciting comments on this notice.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA''), notice is hereby given of a proposed settlement agreement to settle lawsuits filed by CTA Construction and Environmental, LLC, and National Electric Coil, Inc. (``Petitioners''), in the United States Court of Appeals for the Ninth Circuit: CTA Construction and Environmental, LLC, et al., v. EPA, Nos. 15-72796 and 15-72810. On September 15, 2015, Petitioners filed petitions for review challenging, generally, the Environmental Protection Agency's (EPA) July 15, 2015, administrative compliance order (``Amended Order'') issued by EPA under the CAA and the Resource Conservation and Recovery Act (``RCRA'') and challenging, specifically, the CAA provisions of the Amended Order. Under the terms of the proposed settlement agreement, Petitioners will voluntarily dismiss their petitions for review of the Amended Order, with prejudice, in exchange for EPA's agreement that EPA will not seek administrative or civil penalties from the Petitioners for the CAA violations alleged in the Amended Order.

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Virginia (Virginia) for the purpose of removing a consent agreement and order (consent order) previously included in the Virginia SIP to address reasonably available control technology (RACT) requirements for volatile organic compounds (VOCs) control at Reynolds Consumer Product LLC (Reynolds) plant and include a state operating permit for the Reynolds plant in the SIP to continue to address RACT requirements. In the Final Rules 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 the approval is set forth in the direct final rule. A more detailed description of the state submittal and EPA's evaluation is included in a technical support document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document or is 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 Local Government Advisory Committee's (LGAC) Protecting America's Waters Workgroup is seeking input on the LGAC's Charge from the U.S. Environmental Protection Agency (EPA) to give advice and recommendations to the Administrator to inform the development of a National Action Plan for Drinking Water (Action Plan). The LGAC will provide their final recommendations to the EPA Administrator during the autumn of 2016. EPA is committed to working with government partners, communities, and stakeholders to strengthen the nations drinking water systems. The LGAC Protecting America's Waters Workgroup will have a series of meetings to hear from local elected and appointed officials. These meetings will be held on Wednesday, September 7th, 2016 at 4:30-5:30 EDT; and Wednesday, September 21st, 4:30-5:30 EDT via teleconference. The focus of the workgroup meeting is to hear from local officials on issues of concern related to LGAC's Charge (included below). The Workgroup will consider the following: Advancing Next Generation Safe Drinking Water Act Implementation: Identify key opportunities for federal, state, tribal and local government to work together to implementation of Safe Drinking Water Act regulations and programs, including ways to increase communication and public awareness and accountability. Addressing Environmental Justice and Equity in Infrastructure Funding: Identify ways in which federal, state, tribal and local governments, and utilities can work together to ensure that drinking water infrastructure challenges of low-income environmental justice communities and small systems are being appropriately prioritized and addressed, including through increased information, sharing and replicating best practices, and building community capacity. Strengthening Protections against Lead in Drinking Water: Identify opportunities to coordinate and collaborate on implementing the current Lead and Copper Rule, particularly in environmental justice communities and expand and strengthen opportunities for stakeholder engagement to support the development of a revised rule. Emerging and Unregulated Contaminant Strategies: Develop and implement improved approaches through which EPA, state, tribal and local governments, utilities and other stakeholders can work together to prioritize and address the challenges posed by emerging and unregulated contaminants such as algal toxins and perfluorinated compounds (PFCs) and increasing public awareness, especially in vulnerable populations. The Workgroup is also interested in information on how public and private sector partnerships have advanced economic solutions; where source water protection saved taxpayers' dollars; and where communities have created jobs and produced public savings by ensuring clean and healthy water infrastructure. This is an open meeting and state, local and tribal officials are invited to participate. The Workgroup will hear comments from state, local and tribal officials and the public between 4:45 p.m.-5:15 p.m. on Wednesday, September 7, 2016 and Wednesday, September 21, 2016. Individuals or organizations wishing to address the workgroup will be allowed a maximum of five minutes to present their point of view. Also, written comments are encouraged and may be submitted electronically to Eargle.Frances@epa.gov. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule comment time. Time will be allotted on a first-come first-serve basis. If you are interested in participating in this or subsequent meetings of the workgroup, details will be posted when they are available at: https://www.epa.gov/ocir/local-government- advisory-committee-lgac. Comments submitted to the workgroup are solely for the Workgroup's consideration.

The Environmental Protection Agency (EPA) is proposing approval of 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) is approving State Implementation Plan (SIP) revisions submitted by the State of Wyoming on July 1, 2014. The submittal requests SIP revisions to the State's Incorporation by reference section as well as an administrative change in section numbering. The submittal also includes the addition of a section establishing requirements for the submittal of emission inventories from facilities or sources located in an ozone nonattainment area.

The Environmental Protection Agency (EPA) is approving the reasonably available control measures (RACM) and reasonably available control technology (RACT) analysis that Indiana submitted as part of its attainment plan for the 1997 fine particulate matter (PM2.5) standard, in accordance with Indiana's request dated February 11, 2016. The RACM/RACT analysis addresses RACM and RACT for the Indiana portion of the Cincinnati-Hamilton nonattainment area for the 1997 PM2.5 standard. EPA is not acting on the portions of the State Implementation Plan (SIP) submission that are unrelated to RACM/RACT. Other portions of the attainment plan have either been addressed or will be addressed in future rulemaking actions.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of North Carolina through the North Carolina Division of Air Quality (NC DAQ) on May 31, 2013. North Carolina's May 31, 2013, SIP revision (Progress Report) addresses requirements of the Clean Air Act (CAA or Act) and EPA's rules that require each state to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing SIP addressing regional haze (regional haze plan). EPA is approving North Carolina's Progress Report on the basis that it addresses the progress report and adequacy determination requirements for the first implementation period for regional haze.

The Environmental Protection Agency (EPA) proposes to approve the Clean Air Act (CAA) section 111(d)/129 negative declaration for the Government of the United States Virgin Islands, for existing sewage sludge incinerator (SSI) units. This negative declaration certifies that existing SSI units subject to sections 111(d) and 129 of the CAA do not exist within the jurisdiction of the United States Virgin Islands. The EPA is accepting the negative declaration in accordance with the requirements of the CAA.

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for two chemical substances which were the subject of premanufacture notices (PMNs). This action would require persons who intend to manufacture (defined by statute to include import) or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use is unable to commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination.

EPA is required under the Toxic Substances Control Act (TSCA) to publish in the Federal Register a notice of receipt of a premanufacture notice (PMN); an application for a test marketing exemption (TME), both pending and/or expired; and a periodic status report on any new chemicals under EPA review and the receipt of notices of commencement (NOC) to manufacture those chemicals. This document covers the period from July 1, 2016 to July 29, 2016.

The Environmental Protection Agency (EPA) is finalizing requirements that state, local and tribal air agencies would have to meet as they implement the current and future national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5). Specifically, this document provides details on meeting the statutory state implementation plan (SIP) requirements that apply to areas designated nonattainment for any PM2.5 NAAQS, such as: General requirements for attainment plan due dates and attainment dates; emissions inventories; attainment demonstrations; provisions for demonstrating reasonable further progress; quantitative milestones; contingency measures; and nonattainment New Source Review (NNSR) permitting programs, among other things. This rule clarifies the specific attainment planning requirements that apply to PM2.5 NAAQS nonattainment areas based on their classification (either Moderate or Serious), and the process for reclassifying Moderate areas to Serious. Additionally, in this document the EPA is revoking the 1997 primary annual standard for areas designated as attainment for that standard because the EPA revised the primary annual standard in 2012. The EPA first established the PM2.5 NAAQS in 1997, completed a review and revision of those standards in 2006, and most recently completed a review and revision of the PM2.5 NAAQS on December 14, 2012.

The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the Commonwealth of Virginia (Virginia). These revisions include amendments to the Virginia Department of Environmental Quality's (VADEQ) regulations and address the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA's Control Techniques Guidelines (CTG) standards for the following categories: Offset lithographic printing and letterpress printing, industrial solvent cleaning operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings. This action is being taken under the Clean Air Act (CAA).

In this action, the Environmental Protection Agency (EPA) is determining that 60 days is insufficient time to complete the technical and other analyses and public notice-and-comment process required for our review of a petition submitted by the state of Delaware pursuant to section 126 of the Clean Air Act (CAA). The petition requests that the EPA make a finding that the Brunner Island Steam Electric Station located in York County, Pennsylvania, emit air pollution that significantly contributes to nonattainment and interferes with maintenance of the 2008 and 2015 ozone national ambient air quality standards (NAAQS) in state of Delaware. Under section 307(d)(10) of CAA, the EPA is authorized to grant a time extension for responding to a petition if the EPA determines that the extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of the section 307(d)'s notice-and-comment rulemaking requirements. By this action, the EPA is making that determination. The EPA is therefore extending the deadline for acting on the petition to no later than March 5, 2017.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision, submitted by the State of Florida through the Florida Department of Environmental Protection (FL DEP), to EPA on April 3, 2015, for the purpose of providing for attainment of the 2010 Sulfur Dioxide (SO2) National Ambient Air Quality Standards (NAAQS) in the Nassau County SO2 nonattainment area (hereafter referred to as the ``Nassau Area'' or ``Area''). The Nassau Area is comprised of a portion of Nassau County in Florida surrounding the Rayonier Performance Fibers, LLC sulfite pulp mill (hereafter referred to as ``Rayonier''). The attainment plan includes the base year emissions inventory, an analysis of the reasonably available control technology (RACT) and reasonably available control measures (RACM), a reasonable further progress (RFP) plan, a modeling demonstration of SO2 attainment, and contingency measures for the Nassau Area. As a part of approving the attainment demonstration, EPA is also proposing to approve into the Florida SIP the SO2 emissions limits and associated compliance parameters. This action is being taken in accordance with Clean Air Act (CAA or Act) and EPA's guidance related to SO2 attainment planning.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the Maine Department of Environmental Protection (ME DEP), the New Hampshire Department of Environmental Services (NH DES), the Rhode Island Department of Environmental Management (RI DEM) and the Vermont Department of Environmental Conservation (VT DEC). These SIP revisions address provisions of the Clean Air Act that require each state to submit a SIP to address emissions that may adversely affect another state's air quality through interstate transport. The EPA is proposing that all four States have adequate provisions to prohibit in-state emissions activities from significantly contributing to, or interfering with the maintenance of, the 2008 ozone National Ambient Air Quality Standards (NAAQS) in other states. The intended effect of this action is to propose approval of the SIP revisions submitted by Maine, New Hampshire, Rhode Island, and Vermont. This action is being taken under the Clean Air Act.

The Environmental Protection Agency (EPA) is proposing to approve, as a revision to the Indiana State Implementation Plan (SIP), a submittal by the Indiana Department of Environmental Management dated July 17, 2015. The submittal contains a new volatile organic compound limit for antifoulant coatings used in shipbuilding and ship repair facilities located in Clark, Floyd, Lake, and Porter counties. The submittal also includes a demonstration that this revision satisfies the anti-backsliding provisions of the Clean Air Act. The submittal additionally removes obsolete dates and clarifies a citation.

The Environmental Protection Agency (EPA) is approving an Early Progress Plan and motor vehicle emissions budgets (MVEBs) for volatile organic compounds (VOCs) and oxides of nitrogen (NOX) for the Kenosha County, Wisconsin 8-hour ozone nonattainment area. Wisconsin submitted an Early Progress Plan for Kenosha County on January 16, 2015. This submittal was developed to establish MVEBs for the Kenosha 2008 8-hour ozone nonattainment area. This approval of the Early Progress Plan for the Kenosha 2008 8-hour ozone nonattainment area is based on EPA's determination that Wisconsin has demonstrated that the State Implementation Plan (SIP) revision containing these MVEBs, when considered with the emissions from all sources, shows progress toward attainment from the 2011 base year through a 2015 target year.

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted on June 17, 2014 pertaining to preconstruction permitting requirements under Virginia's minor New Source Review (NSR) program. 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) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of New Hampshire on March 31, 2011 and on July 23, 2013. These SIP revisions establish particulate matter (PM) and visible emissions (VE) standards for the following sources: foundries, smelters, and investment casting operations; hot mix asphalt plants; and sand and gravel sources, non-metallic mineral processing plants, and cement and concrete sources. In addition, EPA is proposing to approve a part of a SIP revision submitted by New Hampshire on March 12, 2003 that establishes procedures for testing opacity of emissions (i.e., VE). This action is being taken under the Clean Air Act.

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Virginia on July 15, 2013 pertaining to preconstruction permitting requirements under Virginia's minor New Source Review (NSR) program. In the Rules and Regulations 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. Additionally, a more detailed description of the state submittal and EPA's evaluation is included in a technical support document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document or is also available electronically within the Docket for this rulemaking action at www.regulations.gov. 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.

Notice is hereby given that the Commonwealth of Massachusetts, the State of Rhode Island and the State of Vermont are in the process of revising their respective approved Public Water System Supervision (PWSS) programs to meet the requirements of the Safe Drinking Water Act (SDWA). The Commonwealth of Massachusetts has adopted drinking water regulations for the Ground Water Rule (71 FR 65574) promulgated on November 8, 2006, the Long Term 2 Enhanced Surface Water Treatment Rule (71 FR 654) promulgated on January 5, 2006, and the Stage 2 Disinfectant and Disinfection Byproducts Rule (71 FR 388) promulgated on January 4, 2006. After review of the submitted documentation, the Environmental Protection Agency (EPA) has determined that the Commonwealth of Massachusetts' Ground Water Rule, Long Term 2 Enhanced Surface Water Treatment Rule, and Stage 2 Disinfectant and Disinfection Byproducts Rule are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve Massachusetts' PWSS program revision for these rules. The State of Rhode Island has adopted drinking water regulations for the Lead and Copper Rule (56 FR 26460-26564) promulgated on June 7, 1991, the Lead and Copper Minor Revisions Rule (65 FR 1950) promulgated on January 12, 2000, the Lead and Copper Short-Term Revisions Rule (72 FR 57782) promulgated on October 10, 2007, the Ground Water Rule (71 FR 65574) promulgated on November 8, 2006, and the Stage 2 Disinfectant and Disinfection Byproducts Rule (71 FR 388) promulgated on January 4, 2006. After review of the submitted documentation, EPA has determined that the State of Rhode Island's Lead and Copper Rule, Lead and Copper Short-Term Revisions Rule, Lead and Copper Minor Revisions Rule, Ground Water Rule, and Stage 2 Disinfectant and Disinfection Byproducts Rule are no less stringent than the corresponding federal regulations, with the understanding that the state regulations include a small number of typographical errors or other very minor, non-substantive differences that the state has agreed to correct. These issues are discussed in further detail in EPA's administrative record. Therefore, EPA intends to approve Rhode Island's PWSS program revision for these rules. The State of Vermont has adopted drinking water regulations for the Ground Water Rule (71 FR 65574) promulgated on November 6, 2008, the Long Term 2 Enhanced Surface Water Treatment Rule (71 FR 654) promulgated on January 5, 2006, and the Stage 2 Disinfectant and Disinfection Byproducts Rule (71 FR 388) promulgated on January 4, 2006. After review of the submitted documentation, EPA has determined that the State of Vermont's Ground Water Rule, Long Term 2 Enhanced Surface Water Treatment Rule, and Stage 2 Disinfectant and Disinfection Byproducts Rule are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve Vermont's PWSS program revision for these rules.