Environmental Protection Agency 2016 – Federal Register Recent Federal Regulation Documents

In compliance with the Paperwork Reduction Act (PRA), this technical amendment updates the table that lists the Office of Management and Budget (OMB) control numbers issued under PRA for information collection requirements contained in EPA's regulations that are promulgated in title 40 of the Code of Federal Regulations (CFR). This technical amendment adds new approvals published in the Federal Register since January 8, 2016, and removes expired and terminated approvals.

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 (EPA) is taking final action to approve a state implementation plan revision submitted by the State of California to provide for attainment of the 1-hour ozone national ambient air quality standard in the San Joaquin Valley, California ozone nonattainment area and to meet other Clean Air Act requirements. Specifically, with respect to the 1-hour ozone standard, the EPA is taking final action to find the emissions inventories to be acceptable and to approve the reasonably available control measures demonstration, the rate of progress demonstrations, the attainment demonstration, contingency measures for failure to meet rate of progress milestones, the provisions for advanced technology/clean fuels for boilers, and the demonstration that the plan provides sufficient transportation control strategies and measures to offset emissions increases due to increases in motor vehicle activity. For the 1997 8- hour ozone standard, the EPA is taking final action to approve the demonstration that the plan provides sufficient transportation control strategies and measures to offset emissions increases due to increases in motor vehicle activity.

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.

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR part 63, subpart AAAAAAA) (Renewal) (EPA ICR No. 2352.04, OMB Control No. 2060- 0634), 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 March 31, 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 (EPA) is partially approving and partially disapproving several State Implementation Plan (SIP) revisions submitted by the State of California pursuant to the requirements of the Clean Air Act (CAA or the Act) for the implementation, maintenance, and enforcement of national ambient air quality standards (NAAQS) for ozone, fine particulate patter (PM2.5), lead (Pb), nitrogen dioxide (NO2), and sulfur dioxide (SO2). We refer to such SIP revisions as ``infrastructure'' SIPs because they are intended to address basic structural SIP requirements for new or revised NAAQS including, but not limited to, legal authority, regulatory structure, resources, permit programs, and monitoring necessary to assure attainment and maintenance of the standards. In addition, we are reclassifying certain regions of the state for emergency episode planning purposes with respect to ozone, NO2, SO2, and particulate matter (PM). Finally, we are approving into the California SIP several state provisions addressing CAA conflict of interest requirements and an emergency episode planning rule for Great Basin Unified Air Pollution Control District for PM.

The Environmental Protection Agency (EPA) is announcing the availability of an IRIS Program General Comments Docket (Docket ID #EPA-HQ-ORD-2014-0211) open for public comments that have broad applicability to the IRIS Program. This docket was opened in 2014 and will remain open continuously. Stakeholders interested in submitting general comments to the IRIS Program are encouraged to use this docket. EPA is also announcing the dates for the 2016 IRIS public science meetings. Meetings will be held on May 10, 2016; June 29-30, 2016; September 7-8, 2016; and October 26-27, 2016. All future notices about the availability of draft IRIS assessments for public comment (Step 4a) or IRIS public science meetings will be posted on the IRIS Web site at https://www.epa.gov/iris. Comments related to specific IRIS chemicals should continue to be directed to the appropriate chemical-specific docket (see the IRIS Web site at www.epa.gov/iris). To determine the status of specific IRIS assessments, visit the ``Assessments in Development'' page on the IRIS Web site. The IRIS Program is committed to open communication and maintains a public listserv to make program announcements. For information about how to register for the IRIS Bulletin listserv or for the latest information on the availability of materials for ongoing IRIS assessments, visit https://www.epa.gov/iris.

This notice announces applicability determinations, alternative monitoring decisions, and regulatory interpretations that the Environmental Protection Agency (EPA) has made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and/or the Stratospheric Ozone Protection Program.

The U.S. Environmental Protection Agency (EPA) announces an opportunity for public input on the EPA's tools and information related to drinking water cyanotoxin management. The EPA is holding a public meeting for interested parties to provide input either in person or online via a webinar on lessons learned after the release of the June 2015 Recommendations for Public Water Systems to Manage Cyanotoxins in Drinking Water. The agency plans to use this information to inform development of additional tools to support states and/or utilities. The EPA seeks to engage with stakeholders on information the agency can provide to support states and public water systems in addressing cyanotoxin public health concerns in drinking water.

This regulation establishes an exemption from the requirement of a tolerance for residues of salicylaldehyde (2-hydroxybenzaldehyde, CAS Reg. No. 90-02-8) when used as an inert ingredient (penetration aid) in pesticide formulations applied to growing crops and raw agricultural commodities under 40 CFR 180.910 at a concentration not to exceed 14% by weight of the pesticide formulation. Ag-Chem Consulting LLC, on behalf of Omex Agrifluids submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of salicylaldehyde.

This document announces EPA's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) and the South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NOX) from fan-driven natural-gas-fired central furnaces for residences and businesses. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

This action promulgates revisions to ambient air monitoring requirements for criteria pollutants. These revisions include adding and harmonizing definitions; clarifying annual monitoring network plan public notice requirements; revising network design requirements; system modifications and operating schedules; clarifying data certification, data submittal and archiving procedures; reorganizing and clarifying quality assurance requirements; and revising certain network design criteria for non-source oriented lead monitoring. These revisions also address other issues in the Ambient Air Quality Surveillance Requirements, to help reduce the compliance burden of monitoring agencies operating ambient monitoring networks.

The Environmental Protection Agency (EPA) plans to make available approximately $8 million to provide supplemental funds to Revolving Loan Fund (RLF) capitalization grants previously awarded competitively under section 104(k)(3) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Brownfields Cleanup Revolving Loan Fund pilots awarded under section 104(d)(1) of CERCLA that have not transitioned to section 104(k)(3) grants are not eligible to apply for these funds. EPA will consider awarding supplemental funding only to RLF grantees who have demonstrated an ability to deliver programmatic results by making at least one loan or subgrant. The award of these funds is based on the criteria described at CERCLA 104(k)(4)(A)(ii). The Agency is now accepting requests for supplemental funding from RLF grantees. Requests for funding must be submitted to the appropriate EPA Regional Brownfields Coordinator (listed below) by April 25, 2016. Funding requests for hazardous substances and/or petroleum funding will be accepted. Specific information on submitting a request for RLF supplemental funding is described below and additional information may be obtained by contacting the EPA Regional Brownfields Coordinator.

The Environmental Protection Agency (EPA) inadvertently approved and codified incorrect entry numbers in the part 52 instructions for the final rule action published on November 2, 2015. This technical amendment amends the part 52 codification instructions.

By petition dated September 20, 2012 and submitted pursuant to 33 CFR 1322(f)(3) and 40 CFR 140.4(a), the State of New York certified that the protection and enhancement of the waters of the New York State portion of the St. Lawrence River and the numerous navigable tributaries, harbors and embayments thereof, requires greater environmental protection than the applicable Federal standards provide, and petitioned the United States Environmental Protection Agency (EPA), Region 2, for a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for those waters, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters. On April 22, 2013, the EPA requested additional information regarding the population of commercial vessels using the subject waters and the availability of options for sewage removal from those vessels. Upon consideration of the petition, and subsequently obtained information regarding commercial vessels that has been made part of the administrative record, the EPA proposes to make the requested determination and hereby invites the public to comment.

EPA issued a notice in the Federal Register of November 13, 2015, concerning the cancellation of pesticides for non-payment of year 2015 registration maintenance fees. This document is being issued to correct Table 2 of the cancellation notice by removing two entries which were inadvertently included.

Nevada has applied to the Environmental Protection Agency (EPA) for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). These changes correspond to certain federal rules promulgated between July 1, 2005, and June 30, 2008 (also known as RCRA Clusters XVI through XVIII). With this proposed rule, EPA is proposing to grant final authorization to Nevada for these changes.

The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove a State Implementation Plan (SIP) revision submitted by the Arizona Department of Environmental Quality on December 27, 2012, and supplemented on December 3, 2015, to address the interstate transport requirements of Clean Air Act (CAA or Act) section 110(a)(2)(D) with respect to the 2008 ozone (O3) national ambient air quality standard (NAAQS). We are proposing to approve the portion of the Arizona SIP pertaining to significant contribution to nonattainment or interference with maintenance in another state and proposing to disapprove the portion of Arizona's SIP pertaining to interstate transport visibility requirements. EPA's rationale for proposing to partially approve and partially disapprove Arizona's December 27, 2012 SIP revision and December 3, 2015 supplement is described in this notice. EPA previously took two separate actions on Arizona's December 27, 2012 submittal, on July 14, 2015 and August 10, 2015. We are taking comments on this proposal and plan to follow with a final action no later than June 7, 2016.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: ``Pesticide Environmental Stewardship Program Annual Measures Reporting'' and identified by EPA ICR No. 2415.03 and OMB Control No. 2070-0188, represents the renewal of an existing ICR that is scheduled to expire on November 30, 2016. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

This notice announces the availability of EPA's final report on the National Rivers and Streams Assessment (NRSA) 2008/2009. The NRSA describes the results of the nationwide probabilistic survey that was conducted in the summers of 2008 and 2009 by EPA and its state, tribal, and federal partners. The NRSA 2008/2009 report includes information on how the survey was implemented, what the findings are on a national and ecoregional scale, and future actions and challenges.

The Environmental Protection Agency has submitted an information collection request (ICR), ``State and Federal Emission Guidelines for Hospital/Medical/Infectious Waste Incinerators (40 CFR part 60, subpart Ce and 40 CFR part 62, subpart HHH) (Renewal)'' (EPA ICR No. 1899.08, OMB Control No. 2060-0422) 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 March 31, 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.