Environmental Protection Agency 2016 – Federal Register Recent Federal Regulation Documents

Pursuant to the Federal Advisory Committee Act (FACA), EPA's Office of Pesticide Programs is announcing a public meeting of the Pesticide Program Dialogue Committee (PPDC) on May 18-19, 2016. This meeting provides advice and recommendations to the EPA Administrator on issues associated with pesticide regulatory development and reform initiatives, evolving public policy and program implementation issues, and science issues associated with evaluating and reducing risks from use of pesticides.

The Environmental Protection Agency (EPA) is notifying the public that the Agency has found that the motor vehicle emissions budgets (MVEBs or ``budgets'') for the years 2014 and 2017 in the San Joaquin Valley Moderate Area Plan, as revised in a December 29, 2014 submittal, for the 2006 24-hour fine particulate (PM2.5) national ambient air quality standards (NAAQS) are adequate for transportation conformity purposes. The Moderate Area Plan was submitted to the EPA on March 4, 2013 by the California Air Resources Board (CARB) as a revision to the California State Implementation Plan (SIP) and includes a demonstration of reasonable further progress for the 2006 PM2.5 NAAQS. CARB submitted a Supplement to the Moderate Area Plan on November 6, 2014 (``2014 Supplement'') and a revision to the budgets on December 29, 2014. We refer to these submittals collectively as the ``2012 PM2.5 Plan'' or ``Plan.'' Upon the effective date of this notice of adequacy, the San Joaquin Valley metropolitan planning organizations (MPO) and the U.S. Department of Transportation (DOT) must use these budgets for future transportation conformity determinations.

The Environmental Protection Agency is planning to submit an Information Collection Request (ICR), Registration of Fuels and Fuel AdditivesHealth-Effects Research Requirements for Manufacturers, EPA ICR No. 1696.09, OMB Control No. 2060-0297, 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, 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 September 30, 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.

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 the State of Nevada and the Nevada Department of Conservation and Natural Resources, Division of Environmental Protection (collectively ``Plaintiffs'') in the United States District Court for Nevada: State of Nevada, et al., v. McCarthy, No. 3:15-cv-00396-HDM-WGC (D. Nev.). On July 31, 2015, Plaintiffs filed this 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 take final action on the portion of Nevada's state implementation plan (``SIP'') submission intended to address interstate transport requirements for the 2008 ozone national ambient air quality standards (``NAAQS''). The proposed consent decree would establish a deadline for EPA to take certain specified actions.

The Environmental Protection Agency (EPA) is approving in part and disapproving in part State implementation plan (SIP) revisions submitted by California to address moderate area Clean Air Act (CAA) requirements for the 2006 fine particulate (PM2.5) National Ambient Air Quality Standards (NAAQS) in the Los AngelesSouth Coast air basin (South Coast) PM2.5 nonattainment area. These SIP revisions are the 2012 PM2.5 Plan, submitted February 13, 2013, and the 2015 Supplement, submitted March 4, 2015. We are disapproving the Reasonably Available Control Measure, Reasonably Available Control Technology (RACM/RACT), and Reasonable Further Progress elements of the SIP revisions because of new information indicating that the 2010 RECLAIM program does not meet the RACM/RACT requirement for certain sources of emissions. The EPA is prepared to work with the State to correct this deficiency. We are not finalizing our proposed action on the District's ports-related commitment at this time.

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three 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 would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.

There will be a half-day orientation meeting of the new Chemical Safety Advisory Committee (CSAC). At this meeting, entitled ``Orientation Session of the Chemical Safety Advisory Committee (CSAC),'' the CSAC will consider and review background information on the Toxic Substances Control Act (TSCA), the TSCA Work Plan Chemical Program, and aspects of TSCA risk assessment approaches.

The Environmental Protection Agency (EPA) is proposing to make a finding of attainment by the attainment date for the Klamath Falls, Oregon nonattainment area (the area) based upon quality-assured, quality-controlled, and certified ambient air monitoring data showing that the area has monitored attainment of the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) based on the 2012-2014 data available in the EPA's Air Quality System (AQS) database. The proposed finding of attainment does not constitute a redesignation to attainment. Redesignations require states to meet a number of criteria including EPA approval of a state plan to maintain the air quality standard for 10 years after redesignation. The EPA also proposes to approve revisions to Oregon's State Implementation Plan (SIP) consisting of the Klamath Falls Fine Particulate Matter Attainment Plan (attainment plan) and approve and incorporate by reference associated revisions to the Oregon Administrative Rules (OAR), submitted by the Oregon Department of Environmental Quality (ODEQ) on December 12, 2012. The purpose of the attainment plan was to attain the 2006 24-hour PM2.5 NAAQS by the December 2014 attainment date included in the plan, which the area met based on 2012-2014 monitoring data. The attainment plan addressed the nonattainment planning requirements of the Clean Air Act (CAA or Act). The attainment plan included comprehensive base year and attainment year emissions inventories for direct PM2.5 emissions and all particulate matter precursors, analysis and selection of reasonably available control measures and reasonably available control technologies (RACM and RACT), demonstrated attainment through selected permanent and enforceable control strategies, included required contingency measures, and addressed reasonable further progress and quantitative milestone requirements through the attainment demonstration. The attainment plan's strategy for controlling direct and precursor PM2.5 emissions relied primarily on an episodic woodstove curtailment program and a program to change-out uncertified woodstoves. Additional emissions reductions came from control measures and activities associated with industrial sources and motor vehicles.

The Environmental Protection Agency (EPA) is revising portions of the Arizona Regional Haze Federal Implementation Plan (FIP) applicable to the Coronado Generating Station (Coronado) and the Cholla Power Plant (Cholla). In response to a petition for reconsideration from the Salt River Project Agricultural Improvement and Power District (SRP), the owner and operator of Coronado, we are replacing a plant- wide compliance method with a unit-specific compliance method for determining compliance with the best available retrofit technology (BART) emission limits for nitrogen oxides (NOX) from Units 1 and 2 at Coronado. While the plant-wide limit for NOX emissions from Units 1 and 2 was established as 0.065 lb/MMBtu, we are now setting a unit-specific limit of 0.065 lb/MMBtu for Unit 1 and 0.080 lb/MMBtu for Unit 2. In addition, we are revising the work practice standard in the FIP for Coronado. Finally, we are removing the affirmative defense for malfunctions, which applied to both Coronado and Cholla.

The Environmental Protection Agency (EPA) published in the January 25, 2016 Federal Register a document concerning the approval of Air Quality State Implementation Plan (SIP) revisions to Colorado Common Provisions and Regulation Number 3. Inadvertently, the publication date of January 25, 2016 was listed in the regulatory text under the heading ``EPA Effective Date'' instead of the effective date of February 24, 2016. The correct EPA effective date was provided in the rule preamble. This document corrects the ``EPA Effective Date'' within the regulatory text to February 24, 2016.

The Environmental Protection Agency (EPA) is finalizing a revision to the Federal implementation plan (FIP) addressing the requirement for best available retrofit technology (BART) for taconite plants in Minnesota and Michigan. In response to petitions for reconsideration, we are revising the nitrogen oxides (NOX) limits for taconite furnaces at facilities owned and operated by Cliffs Natural Resources (Cliffs) and ArcelorMittal USA LLC (ArcelorMittal). Cliffs owns and operates Tilden Mining and United Taconite. Hibbing is owned by Cliffs, ArcelorMittal and U.S. Steel and operated by Cliffs. ArcelorMittal is owner and operator of Minorca Mine. We are also revising the sulfur dioxide (SO2) requirements at two of Cliffs' facilities. We are making these changes because new information has come to light that was not available when we originally promulgated the FIP on February 6, 2013.

With this document, EPA is opening the public comment period for several registration reviews. 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. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. 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.

The Environmental Protection Agency (EPA or the Agency) is responding to a rulemaking petition (``the petition'') requesting revision of the Resource Conservation and Recovery Act (RCRA) corrosivity hazardous waste characteristic regulation. The petition requests that the Agency make two changes to the current corrosivity characteristic regulation: revise the regulatory value for defining waste as corrosive from the current value of pH 12.5, to pH 11.5; and expand the scope of the RCRA corrosivity definition to include nonaqueous wastes in addition to the aqueous wastes currently regulated. After careful consideration, the Agency is tentatively denying the petition, since the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted, as further explained in this document. The Agency's review of additional materials it identified as relevant to the petition similarly did not demonstrate that any change to the corrosivity characteristic regulation is warranted at this time. The Agency is also soliciting public comment on this tentative denial and the questions raised in this action.

All 10 EPA Regions are proposing for public comment on the draft 2017 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities, also referred to as the ``2017 Construction General Permit (CGP)'' or the ``draft permit.'' The draft permit, once finalized, will replace the existing general permit covering stormwater discharges from construction activities that will expire on February 16, 2017. EPA proposes to issue this permit for five (5) years, and to provide permit coverage to eligible operators in all areas of the country where EPA is the NPDES permitting authority, including Idaho, Massachusetts, New Hampshire, and New Mexico, Indian country lands, Puerto Rico, the District of Columbia, and most U.S. territories and protectorates. EPA seeks comment on the draft permit and on the accompanying fact sheet, which contains supporting documentation. This Federal Register document describes the draft permit in general and also includes specific topics on which the Agency is particularly seeking comment. EPA encourages the public to read the fact sheet to better understand the draft permit. The fact sheet and draft permit can be found at https://www.epa.gov/npdes/stormwater-discharges- construction-activities.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of a request by the registrant to voluntarily cancel two flubendiamide end- use products. The request would delete the registrations of the flubendiamide products SYNAPSE WG Insecticide (EPA Reg. No. 264-1026) and SYNAPSE 480 Insecticide (EPA Reg. No. 264-1107). EPA intends to grant this request, unless the registrant withdraws its request. If this request is granted, any sale or distribution of the products listed in this notice will not be permitted after the registration has been cancelled as described in the final order.

Notice is hereby given, pursuant to Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136d, and Section 164.8 of the associated Rules of Practice Governing Hearings set forth at 40 CFR part 164, that objections were filed and a hearing was requested in response to the Notice of Intent to Cancel Pesticide Registrations, published in the Federal Register on March 04, 2016, 81 FR 11558. This proceeding has been assigned Docket No. FIFRA-HQ-2016-0001, In the Matter of Bayer CropScience LP and Nichino America Inc., and the undersigned has been designated to preside. A hearing on the objections filed will be conducted in accordance with the Rules of Practice set forth at 40 CFR part 164.

Under the Toxic Substance Control Act (TSCA), EPA is finalizing a significant new use rule (SNUR) for trichloroethylene (TCE). The significant new use is the manufacture or processing for use in a consumer product, with an exception for use of TCE in cleaners and solvent degreasers, film cleaners, hoof polishes, lubricants, mirror edge sealants, and pepper spray. Persons subject to the SNUR will be required to notify EPA at least 90 days before commencing any manufacturing or processing of TCE for a significant new use. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary based on the information available at that time, an opportunity to protect against potential unreasonable risks, if any, from that activity before it occurs.

This regulation establishes tolerances for residues of fluazinam in or on cabbage, mayhaw, the cucurbit vegetable crop group 9, and the tuberous and corm vegetable subgroup 1C and amends the existing tolerance for ``vegetable, Brassica leafy, group 5'' to read ``vegetable, Brassica leafy, group 5, except cabbage.'' Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania (Pennsylvania). The revision demonstrates attainment of the 2008 lead national ambient air quality standards (NAAQS) in the North Reading 2008 lead nonattainment area (North Reading Area or Area). The attainment plan includes the base year emissions inventory, an analysis of reasonably available control technology (RACT), reasonably available control measures (RACM), and reasonable further progress (RFP), modeling demonstration of lead attainment, and contingency measures for the Area. EPA is approving Pennsylvania's lead attainment plan with the base year emissions inventory for the North Reading Area as a revision to Pennsylvania's SIP in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency, Region IX, is making a tentative determination to approve two Site Specific Flexibility Requests (SSFRs) from Imperial County (County or Imperial County) to close and monitor the Picacho Solid Waste Landfill (Picacho Landfill or Landfill). The Picacho Landfill is a commercial municipal solid waste landfill (MSWLF) operated by Imperial County from 1977 to the present on the Quechan Indian Tribe of the Fort Yuma Indian Reservation in California. Imperial County is seeking approval from EPA to use an alternative final cover and to modify the prescribed list of detection-monitoring parameters for ongoing monitoring. The Quechan Indian Tribe (Tribe) reviewed the proposed SSFRs and determined that they met tribal requirements. EPA is now seeking public comment on EPA's tentative determination to approve the SSFRs.

The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rulemaking proposes to add eight sites to the General Superfund section of the NPL. This proposed rule also withdraws a previous proposal to add a site to the NPL.

This regulation amends tolerances for residues of hexythiazox in or on citrus and cotton. Gowan Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control, on October 13, 2015. This revision consists of transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. The intended effect of this approval is to update the transportation conformity criteria and procedures in the South Carolina SIP to reorganize previous exhibits into a single Memorandum of Agreement document as well as to update signatories to add the newly established Lowcountry Area Transportation Study to the list of Metropolitan Planning Organizations, created to represent a new urbanized area designated as a result of the 2010 Census. This proposed action is being taken pursuant to the Clean Air Act.

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 Donald van der Vaart, in his official capacity as Secretary of the North Carolina Department of Environmental Quality, and the North Carolina Department of Environmental Quality in the United States District Court for the Eastern District of North Carolina: Donald van der Vaart, et al. v. EPA, Civil Action No. 5:15-cv-593-FL (E.D. NC) (filed Nov. 13, 2015). Plaintiffs filed a lawsuit alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform a duty mandated by the CAA to take final action to approve, disapprove, or conditionally approve, in whole or in part, North Carolina's September 5, 2013 state implementation plan (``SIP'') revisions addressing the prevention of significant deterioration (``PSD'') regulations regarding the increments for particulate matter less than 2.5 micrometers (``PM2.5'') and implementing regulations. The proposed consent decree would establish a deadline for EPA to take certain specified actions.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Motor Vehicle and Engine Compliance Program Fees (Renewal)'', EPA ICR 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.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collections as described below. This is a proposed extensions of the ICRs, which is currently approved through September 30, 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.