Environmental Protection Agency 2016 – Federal Register Recent Federal Regulation Documents

Results 101 - 150 of 1,663
Determination of Attainment of the 2012 Annual Fine Particulate Matter Standard; Pennsylvania; Delaware County Nonattainment Area
Document Number: 2016-29747
Type: Proposed Rule
Date: 2016-12-13
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to determine that the Delaware County, Pennsylvania moderate nonattainment area (the Delaware County Area) has attained the 2012 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). This determination of attainment, also known as a clean data determination, is based upon quality assured, certified, and complete ambient air monitoring data showing that this area has monitored attainment of the 2012 annual PM2.5 NAAQS based on the 2013-2015 data available in EPA's Air Quality System (AQS) database. If this determination is finalized, the requirements for the Delaware County Area to submit an attainment demonstration, associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning state implementation plan (SIP) revisions related to attainment of the standard shall be suspended for so long as the area continues to meet the 2012 annual PM2.5 NAAQS. This action is being taken under the Clean Air Act (CAA). In the Final Rules section of this Federal Register, EPA is making this determination of attainment 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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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.
Air Quality Designations for the 2010 Sulfur Dioxide (SO2
Document Number: 2016-29561
Type: Rule
Date: 2016-12-13
Agency: Environmental Protection Agency
This rule establishes the initial air quality designations for four areas in Texas for the 2010 primary sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The Environmental Protection Agency (EPA) is designating three of the areas as nonattainment because they do not meet the NAAQS. One area is being designated unclassifiable because it cannot be classified on the basis of available information as meeting or not meeting the NAAQS. The designations are based on the weight of evidence for each area, including available air quality monitoring data and air quality modeling. For the areas designated nonattainment by this rule, the Clean Air Act (CAA) directs the state of Texas to undertake certain planning and pollution control activities to attain the SO2 NAAQS as expeditiously as practicable. This action is a supplement to the final rule addressing the second round of area designations for the 2010 SO2 NAAQS, which the EPA Administrator signed on June 30, 2016.
Approval of California Air Plan; Owens Valley Serious Area Plan for the 1987 24-Hour PM10
Document Number: 2016-29758
Type: Proposed Rule
Date: 2016-12-12
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of California and Great Basin Unified Air Pollution Control District (GBUAPCD or ``District'') to meet Clean Air Act (CAA or ``Act'') requirements applicable to the Owens Valley PM10 nonattainment area (NA). The Owens Valley PM10 NA is located in the southern portion of the Owens Valley in Inyo County, California. It is classified as a Serious nonattainment area for the national ambient air quality standards (NAAQS) for particulate matter of ten microns or less (PM10). The submitted SIP revision is the ``Great Basin Unified Air Pollution Control District 2016 Owens Valley Planning Area PM10 State Implementation Plan'' (``2016 PM10 Plan'' or ``Plan''). The GBUAPCD's obligation to submit the 2016 PM10 Plan was triggered by the EPA's 2007 finding that the Owens Valley PM10 NA had failed to meet its December 31, 2006, deadline to attain the PM10 NAAQS. The CAA requires a Serious PM10 nonattainment area that fails to meet its attainment deadline to submit a plan providing for attainment of the PM10 NAAQS and for an annual emission reduction in PM10 of not less than five percent until attainment of the PM10 NAAQS. The EPA is proposing to approve the 2016 PM10 Plan as meeting all relevant statutory and regulatory requirements.
Proposed CERCLA Section 122(h) Cost Recovery Settlement for the Columbia Smelting and Refining Works Site, Brooklyn, Kings County, New York
Document Number: 2016-29745
Type: Notice
Date: 2016-12-12
Agency: Environmental Protection Agency
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region II, of a proposed cost recovery settlement agreement pursuant to Section 122(h) of CERCLA, 42 U.S.C. 9622(h), with the City of New York (the ``Settling Party'') for the Columbia Smelting and Refining Works Site (``Site'') in Brooklyn, Kings County, New York. The Site is a ``facility'' as defined by Section 101(9) of CERCLA, 42 U.S.C. 9601(9). The Site is composed of (1) Red Hook Recreation Area Ball Field Numbers 5, 6, 7, and 8 (``Ball Fields 5-8''); (2) areas surrounding Ball Fields 5-8 where grass is planted (referred to as ``Planting Strips''); (3) Red Hook Recreation Area Ball Field Number 9 (``Ball Field 9''); (4) the Ball Field 9 Planting Strips; (5) the sidewalks bordering the Ball Fields 5-8 Planting Strips and the Ball Field 9 Planting Strips; and (6) any other areas that have been impacted by the historic operations of the former Columbia Smelting and Refining Works facility. Ball Fields 5-8 and the Ball Fields 5-8 Planting Strips, collectively, comprise approximately 4.17 acres and are located on Block 581, Lot 1 of the Tax Map of Kings County, New York, bordered on the north by Lorraine Street, on the east by Henry Street, on the south by Bay Street, and on the west by Hicks Street. Ball Field 9 and the Ball Field 9 Planting Strips, collectively, comprise approximately 3.4 acres and are bordered on the north by Bay Street, on the east by Soccer Field #2, on the south by Halleck Street, and on the west by a track surrounding Soccer Field #3, located generally in the vicinity of Block 614, Lot 300 and Block 602, Lot 1 of the Tax Map of Kings County, New York. Settling Party is the current owner of the Site. The Settling Party agrees to pay EPA $395,105.40 in reimbursement of past response costs related to the performance of work performed by EPA at the Site. The settlement includes a covenant by EPA not to sue or to take administrative action against the Settling Party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), with regard to the response costs related to work performed at the Site. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region II, 290 Broadway, New York, New York 10007- 1866.
Senior Executive Service Performance Review Board; Membership
Document Number: 2016-29743
Type: Notice
Date: 2016-12-12
Agency: Environmental Protection Agency
Notice is hereby given of the membership of the U.S. Environmental Protection Agency Performance Review Board for 2016.
Air Plan Approval/Disapproval; MS; Infrastructure Requirements for the 2012 PM2.5
Document Number: 2016-29593
Type: Rule
Date: 2016-12-12
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to approve, in part, and disapprove in part, the State Implementation Plan (SIP) submission, submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), on December 11, 2015, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 annual fine particulate matter (PM2.5) 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.'' MDEQ certified that the Mississippi SIP contains provisions that ensure the 2012 Annual PM2.5 NAAQS is implemented, enforced, and maintained in Mississippi. With the exception of the PSD permitting requirements and the interstate transport provisions, for which EPA is not acting upon, and the state board majority requirements respecting significant portion of income, for which EPA is finalizing disapproval, EPA is finalizing that portions of Mississippi's infrastructure submission, submitted to EPA on December 11, 2015, as satisfying certain required infrastructure elements for the 2012 Annual PM2.5 NAAQS.
Outer Continental Shelf Air Regulations; Consistency Update for California
Document Number: 2016-29258
Type: Proposed Rule
Date: 2016-12-12
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to update portions of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (``the Act''). The portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District (``Santa Barbara County APCD'') and Ventura County Air Pollution Control District (``Ventura County APCD'') are the designated COAs. The intended effect of approving the OCS requirements for the Santa Barbara County APCD and Ventura County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The changes to the existing requirements discussed in this document are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.
Renewable Fuel Standard Program: Standards for 2017 and Biomass-Based Diesel Volume for 2018
Document Number: 2016-28879
Type: Rule
Date: 2016-12-12
Agency: Environmental Protection Agency
Under section 211 of the Clean Air Act, the Environmental Protection Agency (EPA) is required to set renewable fuel percentage standards every year. This action establishes the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that apply to all motor vehicle gasoline and diesel produced or imported in the year 2017. Relying on statutory authority that is available when projected cellulosic biofuel production volumes are less than the applicable volume specified in the statute, the EPA is setting volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel that are below the statutory applicable volumes, but which are nevertheless significantly higher than past requirements. The final rule also establishes the four percentage standards applicable to obligated parties, namely producers and importers of gasoline and diesel, based on the corresponding volume requirements. The final standards are expected to continue driving the market to overcome constraints in renewable fuel distribution infrastructure, which in turn is expected to lead to substantial growth over time in the production and use of renewable fuels. In this action, we are also establishing the applicable volume of biomass-based diesel for 2018.
Formaldehyde Emission Standards for Composite Wood Products
Document Number: 2016-27987
Type: Rule
Date: 2016-12-12
Agency: Environmental Protection Agency
EPA is issuing a final rule to implement the Formaldehyde Standards for Composite Wood Products Act, which added Title VI to the Toxic Substances Control Act (TSCA). The purpose of TSCA Title VI is to reduce formaldehyde emissions from composite wood products, which will reduce exposures to formaldehyde and result in benefits from avoided adverse health effects. This final rule includes formaldehyde emission standards applicable to hardwood plywood, medium-density fiberboard, and particleboard, and finished goods containing these products, that are sold, supplied, offered for sale, or manufactured (including imported) in the United States. This final rule includes provisions relating to, among other things, laminated products, products made with no-added formaldehyde resins or ultra low-emitting formaldehyde resins, testing requirements, product labeling, chain of custody documentation and other recordkeeping requirements, enforcement, import certification, and product inventory sell-through provisions, including a product stockpiling prohibition. This final rule also establishes a third-party certification program for hardwood plywood, medium-density fiberboard, and particleboard and includes procedures for the accreditation of third-party certifiers and general requirements for accreditation bodies and third-party certifiers.
Approval of California Air Plan Revisions, Imperial County Air Pollution Control District
Document Number: 2016-29594
Type: Proposed Rule
Date: 2016-12-09
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) and particulate matter (PM) from large confined animal facilities (LCAFs). We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Announcement of the Board of Directors for the National Environmental Education Foundation
Document Number: 2016-29591
Type: Notice
Date: 2016-12-09
Agency: Environmental Protection Agency
The National Environmental Education and Training Foundation (doing business as The National Environmental Education Foundation or NEEF) was created by Section 10 of Public Law #101-619, the National Environmental Education Act of 1990. It is a private 501(c)(3) non- profit organization established to promote and support education and training as necessary tools to further environmental protection and sustainable, environmentally sound development. It provides the common ground upon which leaders from business and industry, all levels of government, public interest groups, and others can work cooperatively to expand the reach of environmental education and training programs beyond the traditional classroom. The Foundation promotes innovative environmental education and training programs such as environmental education for medical healthcare providers and broadcast meteorologists; it also develops partnerships with government and other organizations to administer projects that promote the development of an environmentally literal public. The Administrator of the U.S. Environmental Protection Agency (EPA), as required by the terms of the Act, announces the following appointment to the National Environmental Education Foundation Board of Directors. The appointee is Mr. Kevin M. Butt, the Regional Environmental Director of Toyota's North American Environmental Sustainability Programs.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for Gasoline Dispensing Facilities; Withdrawal of Direct Final Rule
Document Number: 2016-29586-2
Type: Rule
Date: 2016-12-09
Agency: Environmental Protection Agency
Due to the receipt of adverse public comments, the Environmental Protection Agency (EPA) is withdrawing the direct final rule published on October 21, 2016, to approve revisions to the Virginia state implementation plan (SIP). The revision serves to remove requirements for installation and operation of vapor recovery equipment (also referred to as Stage II vapor recovery) from subject gasoline stations in areas of Virginia that were formally subject to a Stage II vapor recovery program under the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for Gasoline Dispensing Facilities; Withdrawal of Direct Final Rule
Document Number: 2016-29586
Type: Rule
Date: 2016-12-09
Agency: Environmental Protection Agency
Due to the receipt of adverse public comments, the Environmental Protection Agency (EPA) is withdrawing the direct final rule published on October 21, 2016, to approve revisions to the Virginia state implementation plan (SIP). The revision serves to remove requirements for installation and operation of vapor recovery equipment (also referred to as Stage II vapor recovery) from subject gasoline stations in areas of Virginia that were formally subject to a Stage II vapor recovery program under the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards
Document Number: 2016-29585-2
Type: Rule
Date: 2016-12-09
Agency: Environmental Protection Agency
Under the Federal Clean Air Act (CAA), the Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) submissions from the State of Oklahoma regarding the 2008 Lead (Pb), 2008 Ozone, 2010 Nitrogen Dioxide (NO2), and 2010 Sulfur Dioxide (SO2) National Ambient Air Quality Standards (NAAQS or standards). The four submittals address how the existing SIP provides for implementation, maintenance, and enforcement of these four NAAQS (infrastructure SIP or i-SIP). These i-SIPs ensure that the Oklahoma SIP is adequate to meet the State's responsibilities under the CAA, including the CAA requirements for interstate transport of Pb and NO2 emissions.
Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards
Document Number: 2016-29585
Type: Rule
Date: 2016-12-09
Agency: Environmental Protection Agency
Under the Federal Clean Air Act (CAA), the Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) submissions from the State of Oklahoma regarding the 2008 Lead (Pb), 2008 Ozone, 2010 Nitrogen Dioxide (NO2), and 2010 Sulfur Dioxide (SO2) National Ambient Air Quality Standards (NAAQS or standards). The four submittals address how the existing SIP provides for implementation, maintenance, and enforcement of these four NAAQS (infrastructure SIP or i-SIP). These i-SIPs ensure that the Oklahoma SIP is adequate to meet the State's responsibilities under the CAA, including the CAA requirements for interstate transport of Pb and NO2 emissions.
Proposed Consent Decree, Clean Air Act Citizen Suit
Document Number: 2016-29581
Type: Notice
Date: 2016-12-09
Agency: Environmental Protection Agency
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 Clean Air Council (collectively ``Plaintiffs'') in the United States District Court for the Northern District of California: Center for Biological Diversity, et al. v. McCarthy, et al. No. 4:16-cv-04092-PJH (N.D. Cal.). On July 21, 2016, Plaintiffs filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA'') failed to perform certain duties mandated by the CAA in relation to implementation of the 1997 and 2008 National Ambient Air Quality Standard (``NAAQS'') for ozone, respectively. Specifically, Plaintiffs allege that EPA failed to make required findings of failure to submit, and to take final action on State Implementation Plan (``SIP'') submittals. On November 14, 2016, Plaintiffs filed a first amended complaint. The proposed consent decree would establish deadlines for EPA to take certain specified actions related to implementation of the 1997 and 2008 ozone standards, respectively.
Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: 2016-29580
Type: Proposed Rule
Date: 2016-12-09
Agency: Environmental Protection Agency
This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Nominations to the Science Advisory Committee on Chemicals; Request for Comments
Document Number: 2016-29579
Type: Notice
Date: 2016-12-09
Agency: Environmental Protection Agency
This document provides the names and affiliations of nominees currently under consideration for appointment to the Science Advisory Committee on Chemicals (SACC) established pursuant to the Frank R. Lautenberg Chemical Safety for the 21st Century Act. 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. The Agency, at this time, anticipates selecting approximately fourteen members to serve on the Committee. Public comments on the nominees are invited, as these comments will be used to assist the Agency in selecting the new chartered Committee members.
Environmental Impact Statements; Notice of Availability
Document Number: 2016-29578
Type: Notice
Date: 2016-12-09
Agency: Environmental Protection Agency
Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2016 Control Periods
Document Number: 2016-29441
Type: Proposed Rule
Date: 2016-12-09
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is providing notice of the availability of preliminary lists of units eligible for allocations of emission allowances under the Cross-State Air Pollution Rule (CSAPR). Under the CSAPR federal implementation plans (FIPs), portions of each covered state's annual emissions budgets for each of the CSAPR emissions trading programs are reserved for allocation to electricity generating units that commenced commercial operation on or after a certain date (new units) and certain other units not otherwise obtaining allowance allocations under the FIPs. The quantities of allowances allocated to eligible units from each new unit set-aside (NUSA) under the FIPs are calculated in an annual one- or two-round allocation process. EPA previously completed the first round of NUSA allowance allocations for the 2016 control periods for all the CSAPR trading programs, as well as the second round of allocations for the CSAPR NOX Ozone Season Trading Program, and is now making available preliminary lists of units eligible for allocations in the second round of the NUSA allocation process for the CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 Trading Programs. EPA has posted spreadsheets containing the preliminary lists on EPA's Web site. EPA will consider timely objections to the lists of eligible units contained in the spreadsheets and will promulgate a document responding to any such objections no later than February 15, 2017, the deadline for recording the second- round allocations of CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 allowances in sources' compliance accounts. This document may concern CSAPR-affected units in the following states: Alabama, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
Second External Review Draft Integrated Science Assessment for Sulfur Oxides-Health Criteria
Document Number: 2016-29438
Type: Notice
Date: 2016-12-09
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is announcing a public comment period ending on March 20, 2017, for the draft document titled, ``Second External Review Draft Integrated Science Assessment for Sulfur OxidesHealth Criteria'' (EPA/600/R-16/351). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development (ORD) as part of the review of the primary (health-based) National Ambient Air Quality Standards (NAAQS) for sulfur dioxide (SO2). The Integrated Science Assessment (ISA), in conjunction with additional technical and policy assessments, provides the scientific basis for EPA's decisions on the adequacy of the current NAAQS and the appropriateness of possible alternative standards. EPA intends to develop a separate ISA as part of an independent review for the secondary (welfare-based) NAAQS for oxides of nitrogen and sulfur. EPA is releasing this draft document to seek review by the Clean Air Scientific Advisory Committee (CASAC) and the public (meeting date and location to be specified in a separate Federal Register notice). This draft document is not final as described in EPA's information quality guidelines, and it does not represent, and should not be construed to represent, Agency policy or views. When revising the document, EPA will consider any public comments submitted during the public comment period specified in this notice.
Phosphoric Acid Manufacturing and Phosphate Fertilizer Production Risk and Technology Review
Document Number: 2016-29236
Type: Proposed Rule
Date: 2016-12-09
Agency: Environmental Protection Agency
This action proposes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Phosphoric Acid Manufacturing and Phosphate Fertilizer Production source categories. The proposed amendments are in response to two petitions for reconsideration filed by industry stakeholders on the rule revisions to NESHAP for the Phosphoric Acid Manufacturing and Phosphate Fertilizer Production source categories that were promulgated on August 19, 2015 (80 FR 50386) (hereafter the ``August 2015 Final Rule''). We are proposing to revise the compliance date by which affected sources must include emissions from oxidation reactors when determining compliance with the total fluoride (TF) emission limits for superphosphoric acid (SPA) process lines. We are also proposing to add a new option, and clarify an existing option, to the monitoring requirements for low- energy absorbers. In addition, we are proposing to revise the compliance date for the monitoring requirements for low-energy absorbers.
2015 Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule
Document Number: 2016-28564
Type: Rule
Date: 2016-12-09
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is amending specific provisions in the Greenhouse Gas Reporting Rule to streamline and improve implementation of the rule, to improve the quality and consistency of the data collected under the rule, and to clarify or provide minor updates to certain provisions that have been the subject of questions from reporting entities. This action also finalizes confidentiality determinations for certain data elements. In addition, this is the final action on reconsideration in response to a Petition for Reconsideration regarding specific aspects of the Greenhouse Gas Reporting Rule.
National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System General Permit Remand Rule
Document Number: 2016-28426
Type: Rule
Date: 2016-12-09
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is revising the regulations governing regulated small municipal separate storm sewer system (MS4) permits to respond to a remand from the United States Court of Appeals for the Ninth Circuit in Environmental Defense Center, et al. v. EPA, 344 F.3d 832 (9th Cir. 2003). In that decision, the court determined that the regulations for providing coverage under small MS4 general permits did not provide for adequate public notice and opportunity to request a hearing. Additionally, the court found that EPA failed to require permitting authority review of the best management practices (BMPs) to be used at a particular MS4 to ensure that the small MS4 permittee reduces pollutants in the discharge from their systems to the ``maximum extent practicable'' (MEP), the standard established by the Clean Water Act (CWA) for such permits. The final rule establishes two alternative approaches a permitting authority can use to issue National Pollutant Discharge Elimination (NPDES) general permits for small MS4s and meet the requirements of the court remand. The first option is to establish all necessary permit terms and conditions to require the MS4 operator to reduce the discharge of pollutants from its MS4 to the MEP, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act (``MS4 permit standard'') upfront in one comprehensive permit. The second option allows the permitting authority to establish the necessary permit terms and conditions in two steps: A first step to issue a base general permit that contains terms and conditions applicable to all small MS4s covered by the permit and a second step to establish necessary permit terms and conditions for individual MS4s that are not in the base general permit. Public notice and comment and opportunity to request a hearing would be necessary for both steps of this two-step general permit. This final rule does not establish any new substantive requirements for small MS4 permits.
Interstate Transport of Fine Particulate Matter: Revision of Federal Implementation Plan Requirements for Texas
Document Number: 2016-29442
Type: Proposed Rule
Date: 2016-12-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is extending the public comment period for the proposed rule titled ``Interstate Transport of Fine Particulate Matter: Revision of Federal Implementation Plan Requirements for Texas'' published in the Federal Register on November 10, 2016.
National Lakes Assessment 2012 Final Report
Document Number: 2016-29440
Type: Notice
Date: 2016-12-08
Agency: Environmental Protection Agency
This notice announces the availability of the Environmental Protection Agency's (EPA) final report on the National Lakes Assessment 2012. The NLA describes the results of the nationwide probabilistic survey that was conducted in the summer of 2012 by EPA and its state, tribal, and federal partners. The NLA report includes information on how the survey was implemented, what the findings are on a national scale, and future actions and challenges. The NLA Web site also includes findings at the ecoregional scale and allows users to explore additional results using a new interactive dashboard.
Final Revision to the PAG Manual: Protective Action Guides and Planning Guidance for Radiological Incidents
Document Number: 2016-29439
Type: Notice
Date: 2016-12-08
Agency: Environmental Protection Agency
As part of its mission to protect human health and the environment, the U.S. Environmental Protection Agency (EPA) publishes protective action guides to help federal, state, local and tribal emergency response officials make radiation protection decisions during emergencies. The EPA, in coordination with a multi-agency working group within the Federal Radiological Preparedness Coordinating Committee (FRPCC), has made final updates to the 1992 Manual of Protective Action Guides and Protective Actions for Nuclear Incidents, referred to as ``The 1992 PAG Manual'' (EPA 400-R-92-001, May 1992). The updated guidance in the revised PAG Manual: Protective Action Guides and Planning Guidance for Radiological Incidents (``PAG Manual'' hereafter) applies the protective action guides (PAGs) to incidents other than nuclear power plant accidents, updates the radiation dosimetry and dose calculations based on current science and incorporates late phase guidance. The final revisions incorporate input from public comments received in 2013 and include clarifications based on those comments. The Agency plans to finalize drinking water guidance after incorporating public comments on a proposal published in June 2016. The intention is to add it as a section in the Intermediate Phase chapter of the PAG Manual and reissue the PAG Manual once complete. The final revision of the PAG Manual is available at www.regulations.gov.
Dicamba; Pesticide Tolerances
Document Number: 2016-29245
Type: Rule
Date: 2016-12-08
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of dicamba in or on cotton, gin byproducts; cotton, undelinted seed; soybean, forage; and soybean, hay. Monsanto Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Hazardous Waste Electronic Manifest System (“e-Manifest”) Advisory Board; Notice of Public Meeting
Document Number: 2016-29340
Type: Notice
Date: 2016-12-07
Agency: Environmental Protection Agency
There will be an inaugural three (3) day meeting of the Hazardous Waste Electronic Manifest System (``e-Manifest'') Advisory Board to consider and advise the Agency about the initial launch of the e-Manifest System (Meeting Theme: ``System Launch: Day 1 e-Manifest'').
Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category-Implementation Date Extension
Document Number: 2016-29338
Type: Rule
Date: 2016-12-07
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to extend the implementation deadline for certain facilities subject to the final rule establishing pretreatment standards under the Clean Water Act (CWA) for discharges of pollutants into publicly owned treatment works (POTWs) from onshore unconventional oil and gas (UOG) extraction facilities.
Approval and Promulgation of Implementation Plans; Texas; Reasonable Further Progress Plan and Motor Vehicle Emissions Budgets for the Dallas/Fort Worth 2008 Ozone Nonattainment Area
Document Number: 2016-29274
Type: Rule
Date: 2016-12-07
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving the Dallas/Fort Worth (DFW) moderate nonattainment area Reasonable Further Progress (RFP) State Implementation Plan (SIP) revision for the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard). EPA is also approving revisions to the 2011 base year emissions inventory for the DFW moderate nonattainment area for the 2008 ozone NAAQS, the 2017 transportation conformity motor vehicle emissions budgets (MVEBs), and the required contingency measures for failure to meet RFP. This action is being taken under the Clean Air Act (CAA).
Proposed Determination on the Appropriateness of the Model Year 2022-2025 Light-Duty Vehicle Greenhouse Gas Emissions Standards Under the Midterm Evaluation
Document Number: 2016-29255
Type: Notice
Date: 2016-12-06
Agency: Environmental Protection Agency
On or about November 30, 2016, the Environmental Protection Agency (EPA) made available for public comment its proposed adjudicatory determination that the GHG standards currently in place for MY2022-2025 remain appropriate under the Clean Air Act and therefore should not be amended to be either more or less stringent. EPA made this Proposed Determination as part of its Midterm Evaluation of light-duty vehicle greenhouse gas (GHG) emissions standards for model years (MY) 2022-2025, as required under its regulations. The Proposed Determination follows a Draft Technical Assessment Report (TAR) issued jointly by EPA, the National Highway Traffic Safety Administration (NHTSA), and the California Air Resources Board (CARB) in July 2016. In the Draft TAR, the agencies examined a wide range of issues relevant to the appropriateness of the GHG emissions standards for MY2022-2025, and shared with the public its initial technical analyses of those issues. The Draft TAR was required by EPA's regulations as the first step in the Midterm Evaluation process. For the next step, the Proposed Determination, EPA has considered public comments submitted on the Draft TAR as well as other information, and has updated its analyses where appropriate. EPA will again consider public comments received on the Proposed Determination as it proceeds with the final step in the Midterm Evaluation, a Final Determination regarding the appropriateness of the MY2022-2025 standards.
Receipt of Information Under the Toxic Substances Control Act
Document Number: 2016-29254
Type: Notice
Date: 2016-12-06
Agency: Environmental Protection Agency
EPA is announcing its receipt of information submitted pursuant to a rule, order, or consent agreement issued under the Toxic Substances Control Act (TSCA). As required by TSCA, this document identifies each chemical substance and/or mixture for which information has been received; the uses or intended uses of such chemical substance and/or mixture; and describes the nature of the information received. Each chemical substance and/or mixture related to this announcement is identified in Unit I. under SUPPLEMENTARY INFORMATION.
Approval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements To Address Interstate Transport for the 2008 Ozone NAAQS
Document Number: 2016-29252
Type: Proposed Rule
Date: 2016-12-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Nevada Division of Environmental Protection on April 10, 2013, and supplemented on March 25, 2016. The SIP revision and supplement address the interstate transport requirements of Clean Air Act (CAA or ``Act'') section 110(a)(2)(D)(i)(I) with respect to the 2008 ozone (O3) national ambient air quality standard (NAAQS). The EPA's rationale for proposing to approve Nevada's April 10, 2013 SIP revision and March 25, 2016 supplement is described in this notice.
General Permit for Ocean Disposal of Marine Mammal Carcasses
Document Number: 2016-29250
Type: Notice
Date: 2016-12-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is issuing a general permit to authorize the transport of marine mammal carcasses from the United States and disposal of marine mammal carcasses in ocean waters. Permit authorization is available for 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 Alaskan Native, who already may take a marine mammal under the Marine Mammal Protection Act (MMPA) and Endangered Species Act (ESA). The EPA's purpose in issuing a general permit is to expedite required authorizations for the ocean disposal of marine mammal carcasses that otherwise currently require the issuance of an emergency permit.
Proposed Agreement and Order on Consent for Certain CERCLA Response Activities by Tenant as Bona Fide Prospective Purchaser
Document Number: 2016-29240
Type: Notice
Date: 2016-12-06
Agency: Environmental Protection Agency
In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed settlement, embodied in an Agreement and Order on Consent (Agreement), between the United States on behalf of the Environmental Protection Agency (EPA) and Planetary Ventures, LLC (PV), a Delaware Limited liability company. PV represents that, as a lessee from the National Aeronautics and Space Administration (NASA) of the Moffett Field Leasehold within the former NAS Moffett Field Superfund site in Santa Clara County, California, it is a bona fide prospective purchaser, as described by CERCLA section 101(40), 42 U.S.C. 9601(40) and through the Agreement would maintain that status. Under the Agreement, PV agrees to perform a pilot study for evaluating alternatives for abating contaminants in the coating and paint in the superstructure of Hangar One, and, if selected by NASA, to conduct a non-time critical removal action at Hangar One. The Agreement also requires PV to pay EPA oversight costs for this work, and includes a covenant not to sue PV pursuant to sections 106 or 107(a) of CERCLA, 42 U.S.C. 9606 or 9607(a).
Release of the Final Integrated Review Plan for the National Ambient Air Quality Standards for Particulate Matter
Document Number: 2016-29231
Type: Notice
Date: 2016-12-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is announcing the availability of the final document titled Integrated Review Plan for the National Ambient Air Quality Standards for Particulate Matter (IRP). The IRP presents the planned approach and anticipated schedule for the review of the air quality criteria for particulate matter (PM) and the primary and secondary national ambient air quality standards (NAAQS) for PM. The primary and secondary NAAQS for PM are set to protect the public health and public welfare, respectively, from exposures to PM in ambient air.
Determination of Attainment by the Attainment Date for the 2008 Ozone National Ambient Air Quality Standards; Pennsylvania; Pittsburgh-Beaver Valley
Document Number: 2016-29118
Type: Rule
Date: 2016-12-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is making a final determination that the Pittsburgh-Beaver Valley, Pennsylvania marginal ozone nonattainment area (the Pittsburgh Area) has attained the 2008 8- hour ozone national ambient air quality standards (the 2008 ozone NAAQS) by the July 20, 2016 attainment date. This determination is based on complete, certified, and quality assured ambient air quality monitoring data for the Pittsburgh Area for the 2013-2015 monitoring period. This determination does not constitute a redesignation to attainment. This action is being taken under the Clean Air Act (CAA).
Air Quality Plans; Kentucky; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard
Document Number: 2016-29115
Type: Rule
Date: 2016-12-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the Commonwealth of Kentucky, Energy and Environment Cabinet, Department for Environmental Protection, through the Kentucky Division for Air Quality (KDAQ), on April 26, 2013, for inclusion into the Kentucky 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.'' KDAQ certified that the Kentucky SIP contains provisions that ensure the 2010 1-hour SO2 NAAQS is implemented, enforced, and maintained in Kentucky. EPA has determined that Kentucky's infrastructure SIP submission, provided to EPA on April 26, 2013, satisfies certain required infrastructure elements for the 2010 1-hour SO2 NAAQS.
Air Plan Approval; Kentucky; Revisions to Louisville Definitions and Ambient Air Quality Standards
Document Number: 2016-29106
Type: Rule
Date: 2016-12-06
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), on behalf of the Louisville Metro Air Pollution Control District (District), on March 22, 2011, and May 3, 2012. The revisions to the regulatory portion of the SIP that EPA is taking final action to approve pertain to changes to the District's air quality standards for lead (Pb), particulate matter (both PM2.5 and PM10), ozone, nitrogen dioxide (NO2), and sulfur dioxide (SO2) to reflect the National Ambient Air Quality Standards (NAAQS), definitional changes, and regulatory consolidation. EPA has determined that these portions of the March 22, 2011, and May 3, 2012, SIP revisions are consistent with the Clean Air Act (CAA or Act).
Ocean Disposal; Designation of a Dredged Material Disposal Site in Eastern Region of Long Island Sound; Connecticut
Document Number: 2016-27546
Type: Rule
Date: 2016-12-06
Agency: Environmental Protection Agency
With the publication of this Final Rule, the Environmental Protection Agency (EPA) is designating the Eastern Long Island Sound Disposal Site (ELDS), located offshore from New London, Connecticut, for the disposal of dredged material from harbors and navigation channels in eastern Long Island Sound and Little Narragansett Bay in the states of Connecticut, New York, and Rhode Island. This action is necessary to provide a long-term, open-water dredged material disposal site as an alternative for the possible future disposal of such material. This disposal site designation is subject to restrictions designed to support the goal of reducing or eliminating the disposal of dredged material in Long Island Sound. The basis for this action is described herein and in the Final Supplemental Environmental Impact Statement (FSEIS) released by EPA on November 4, 2016 in conjunction with this Final Rule. The FSEIS identifies designation of the ELDS as the preferred alternative from the range of options considered.
Notification of Submission to the Secretary of Agriculture; Pesticides; Removal of Obsolete Information
Document Number: 2016-29113
Type: Proposed Rule
Date: 2016-12-05
Agency: Environmental Protection Agency
This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) a draft regulatory document concerning removal of obsolete information. The draft regulatory document is not available to the public until after it has been signed and made available by EPA.
Tau-Fluvalinate; Pesticide Tolerance
Document Number: 2016-29111
Type: Rule
Date: 2016-12-05
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of tau- fluvalinate in or on wine grapes. Makhteshim Agan of North America, Inc., d/b/a ADAMA requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Oxathiapiprolin; Pesticide Tolerances
Document Number: 2016-29109
Type: Rule
Date: 2016-12-05
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of oxathiapiprolin in or on multiple commodities which are identified and discussed later in this document. In addition, this regulation amends the established tolerance for vegetable, tuberous and corm, subgroup 1C; and removes existing tolerances for Brassica, head and stem, subgroup 5A, and leafy greens subgroup 4A that are superseded by this action. Interregional Research Project Number 4 (IR-4), E.I. du Pont de Nemours & Company (DuPont), and Syngenta Crop Protection, LLC (Syngenta) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Peer Review of EPA's Biologically Based Dose-Response (BBDR) Model for Perchlorate in Drinking Water-Final List of Peer Reviewers, Notice of the Public Peer Review Meeting and Final Peer Review Charge Questions
Document Number: 2016-29108
Type: Notice
Date: 2016-12-05
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is announcing the final peer reviewers assembled by Versar, Inc., an EPA contractor, for the external peer review of EPA's draft Biologically Based Dose- Response (BBDR) Model for perchlorate in drinking water and an accompanying draft model report. The draft model report is entitled ``Biologically Based Dose-Response Models for the Effect of Perchlorate on Thyroid Hormones in the Infant, Breast Feeding Mother, Pregnant Mother, and Fetus: Model Development, Revision, and Preliminary Dose- Response Analyses.'' EPA is also announcing availability of the final peer review charge. The charge provides the purpose and context for the assessment and will guide the peer review experts by identifying the key scientific issues associated with the review of the model and report. EPA is also announcing that Versar, Inc., will organize and conduct the public peer review meeting for the draft BBDR model and draft model report on January 10 and 11, 2017, in Arlington, Virginia. The meeting will be devoted to discussion and deliberation of major issues identified by the peer reviewers regarding EPA's draft BBDR model and draft model report and will be guided by the final charge questions. Versar, Inc., invites the public to register to attend this two-day meeting as observers, either in-person or via teleconference. Time will be set aside at the meeting for brief oral statements from the public regarding the draft BBDR model and model report.
Air Plan Disapproval; AL; Prong 4 Visibility for the 2008 8-Hour Ozone Standard
Document Number: 2016-28871
Type: Proposed Rule
Date: 2016-12-05
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to disapprove the visibility transport (prong 4) portion of a revision to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM), addressing the Clean Air Act (CAA or Act) infrastructure SIP requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, commonly referred to as an ``infrastructure SIP.'' Specifically, EPA is proposing to disapprove the prong 4 portion of Alabama's August 20, 2012, 2008 8-hour ozone infrastructure SIP submission. All other applicable infrastructure requirements for this SIP submission have been addressed in separate rulemakings.
Environmental Impact Statements; Notice of Availability
Document Number: 2016-29010
Type: Notice
Date: 2016-12-02
Agency: Environmental Protection Agency
Bicyclopyrone; Pesticide Tolerances
Document Number: 2016-29005
Type: Rule
Date: 2016-12-02
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of bicyclopyrone in or on wheat and barley. Syngenta Crop Protection, LLC. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Revisions to the Source-Specific Federal Implementation Plan for Four Corners Power Plant, Navajo Nation
Document Number: 2016-28870
Type: Proposed Rule
Date: 2016-12-02
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing limited revisions to the source-specific Federal Implementation Plan (FIP) that was promulgated to regulate air pollutant emissions from the Four Corners Power Plant (FCPP), a coal-fired power plant located on the reservation lands of the Navajo Nation, near Farmington, New Mexico. These limited revisions propose to make certain provisions of the FIP consistent with national actions and rulemakings promulgated since 2012; update the FIP to reflect recent operating changes; and add new provisions to the FIP to include the air pollution control requirements for FCPP of a Consent Decree entered in the United States District Court for the District of New Mexico on August 17, 2015.
Revisions to Method 301: Field Validation of Pollutant Measurement Methods From Various Waste Media
Document Number: 2016-27544
Type: Proposed Rule
Date: 2016-12-02
Agency: Environmental Protection Agency
In this action, the Environmental Protection Agency (EPA) proposes editorial and technical revisions to the EPA's Method 301 ``Field Validation of Pollutant Measurement Methods from Various Waste Media'' in order to correct and update the method. In addition, the EPA is clarifying the applicability of Method 301 as well as its utility to other regulatory provisions. The proposed revisions include ruggedness testing for validation of test methods for application at multiple sources, determination of limit of detection for all method validations, incorporating procedures for determining the limit of detection, revising the sampling requirements for the comparison procedure, adding storage and sampling procedures for sorbent sampling systems, and clarifying acceptable statistical results for candidate test methods. We also propose to clarify the applicability of Method 301 to our regulations and to add equations to clarify calculation of the correction factor, standard deviation, estimated variance of a validated test method, standard deviation of differences, and t- statistic for all validation approaches. Changes made to the Method 301 field validation protocol under this proposed action would apply only to methods submitted to the EPA for approval after the effective date of this action.