Environmental Protection Agency March 2017 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Gold Mine Ore Processing (Renewal)'' (EPA ICR No. 2383.04, OMB Control No. 2060- 0659), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through March 31, 2017. Public comments were previously requested via the Federal Register (81 FR 26546) on May 3, 2016 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor 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 has submitted an information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of an existing ICR, which is currently approved through March 31, 2017. Public comments were previously requested via the Federal Register on May 3, 2016 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor 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 has submitted an information collection request (ICR), ``NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven By-Product Recovery Plants (40 CFR part 61, subparts L and Y) (Renewal)'' (EPA ICR No. 1080.15, OMB Control No. 2060-0185), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through March 31, 2017. Public comments were previously-requested via the Federal Register (81 FR 26546) on May 3, 2016 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Environmental Protection Agency (EPA) is announcing a public comment period for the draft document titled, ``First External Review Draft Integrated Science Assessment for Oxides of Nitrogen, Oxides of Sulfur, and Particulate MatterEcological Criteria'' (EPA/600/R-16/ 372). 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 secondary (welfare- based) National Ambient Air Quality Standards (NAAQS) for oxides of nitrogen, oxides of sulfur, and particulate matter. 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. On January 28, 2016, EPA released a separate ISA as part of an independent review for the primary (health- based) NAAQS for oxides of nitrogen (EPA/600/R-15/068). In addition, EPA is currently developing separate ISAs to support the primary NAAQS review for oxides of sulfur and the primary and non-ecological secondary (e.g., visibility, climate, materials damage) NAAQS review for particulate matter. 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.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), ``Compliance Assurance Monitoring Program'' (EPA ICR No. 1663.09, OMB Control No. 2060-0376) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through March 31, 2017. Public comments were previously requested via the Federal Register (81 FR 44860) on July 11, 2016 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' and the Federal Register document published by the Environmental Protection Agency (EPA or Agency) on January 26, 2017, the EPA is proposing to further delay the effective date for Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM2.5 Nonattainment Area for up to 90 days.

In accordance with the requirements of the Comprehensive Environmental Response Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given of the proposed administrative settlement between the U.S. Environmental Protection Agency (``EPA'') and the City of Central, CO (``Settling Party''). Pursuant to the terms of the proposed settlement, the Settling Party will enact a land use ordinance and conduct operations and maintenance activities over the Quartz Hill Tailings Pile, within the Central City/ Clear Creek Superfund Site. In exchange, the EPA will provide a covenant not to sue, and release certain liens against property owned by the Settling Party within the Central City/Clear Creek Superfund Site. The State of Colorado is also a signatory to the proposed agreement.

Due to inclement weather in the Washington, DC, area, the Environmental Protection Agency (EPA) is announcing it has rescheduled the hearing date and extended the public comment period for the proposed action titled, ``Response to December 9, 2013, Clean Air Act Section 176A Petition from Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island and Vermont,'' published in the Federal Register on January 19, 2017. In response to requests for a public hearing, the EPA published a notice of public hearing and extension of public comment period on February 15, 2017, announcing that a public hearing would be held on March 14, 2017, in Washington, DC, and the public comment period extended to April 13, 2017. Due to inclement weather, the EPA has rescheduled the hearing to April 13, 2017. In addition, in order to allow sufficient time after the public hearing for submission of comments, the EPA is announcing the extension of the comment period for the proposed action to May 15, 2017.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri related to open burning. On November 24, 2009, the Missouri Department of Natural Resources (MDNR) requested to amend the SIP to replace four area specific open burning rules into one rule that is area specific and applicable state-wide. EPA solicited comment in an earlier proposed rulemaking that published in the Federal Register on September 8, 2016, and received one comment in support of the proposed SIP revision. These revisions to Missouri's SIP do not have an adverse effect on air quality as demonstrated in the technical support document (TSD) which is a part of the proposed rulemaking docket. EPA's final approval of these SIP revisions is being done in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is taking final action to approve a source-specific revision to the Arizona state implementation plan that addresses the best available retrofit technology requirements for the Cholla Power Plant (Cholla). The EPA finds that the state implementation plan revision fulfills the requirements of the Clean Air Act and the EPA's Regional Haze Rule. In conjunction with this final approval, the EPA is taking final action to withdraw the federal implementation plan provisions applicable to Cholla. This also constitutes our action to address petitions for reconsideration granted by the EPA related to Cholla.

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.

The Environmental Protection Agency (EPA) is proposing to approve revisions submitted by the State of Louisiana controlling emissions of volatile organic compounds (VOCs) and changes to the Stage II gasoline vapor recovery rule as part of the Louisiana State Implementation Plan (SIP).

EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period October 1, 2016 to December 31, 2016 to control unforeseen pest outbreaks.

This regulation amends the existing tolerance exemption for Aspergillus flavus AF36 by establishing an exemption from the requirement of a tolerance for residues of Aspergillus flavus AF36 in or on almond and fig when used in accordance with label directions and good agricultural practices. Interregional Research Project Number 4 submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting that EPA amend the existing tolerance exemption for Aspergillus flavus AF36. This regulation eliminates the need to establish a maximum permissible level for residues of Aspergillus flavus AF36 under FFDCA.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the Chartered SAB to discuss the draft SAB Review of Lake Erie Nutrient Load Reduction Models and Targets (February, 2017) and conduct a quality review. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days' notice.

This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an August 20, 2014 Federal Register (79 FR 49311) (FRL- 9914-46) Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the August 20, 2014 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

This regulation establishes an exemption from the requirement of a tolerance for residues of octadecanoic acid, 12-hydroxy-, homopolymer, ester with [alpha], [alpha]',[alpha]''-1,2,3- propanetriyltris[[omega]-hydroxypoly(oxy-1,2-ethanediyl)]; when used as an inert ingredient in a pesticide chemical formulation. Ethox Chemicals, LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of octadecanoic acid, 12-hydroxy-, homopolymer, ester with [alpha], [alpha]',[alpha]''- 1,2,3-propanetriyltris[[omega]-hydroxypoly(oxy-1,2-ethanediyl )] on food or feed commodities.

The EPA's Office of Pesticide Programs is inviting nominations from a diverse range of qualified candidates to be considered for appointment to the Pesticide Program Dialogue Committee (PPDC). The PPDC is chartered to provide advice and recommendations to the EPA Administrator on a broad range of issues concerning pesticide regulatory development and reform initiatives, evolving public policy and program implementation issues, and science issues associated with evaluating and reducing risks from pesticide use. To maintain the representation outlined by the charter, nominees will be selected to represent: Environmental/public interest and animal rights groups; farm worker organizations; pesticide industry and trade associations; pesticide user, grower, and commodity groups; federal/state/local and tribal governments; academia; and public health organizations. Vacancies are expected to be filled by July 2017. Sources in addition to this Federal Register Notice may be utilized in the solicitation of nominees.

This regulation establishes an exemption from the requirement of a tolerance for residues of polyglycerol polyricinoleate when used as an inert ingredient in a pesticide chemical formulation. AgroFresh Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of polyglycerol polyricinoleate on food or feed commodities.

This regulation establishes an exemption from the requirement of a tolerance for residues of isoamyl acetate (CAS Reg. No. 123-92-2) when used as an inert ingredient (buffering agent) in pesticide formulations applied to growing crops and raw agricultural commodities after harvest. The Technology Sciences Group on behalf of the Jeneil Biosurfactant Company 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.

The Environmental Protection Agency (EPA) is finalizing a limited Federal Implementation Plan (FIP) under the Clean Air Act (CAA or Act) to apply to the North Coast Unified Air Quality Management District (North Coast Unified AQMD or District) in California. This limited FIP will implement provisions to regulate fine particulate matter (PM2.5) under the CAA Prevention of Significant Deterioration (PSD) program within the District. The EPA previously issued two findings of failure to submit a State Implementation Plan (SIP) addressing these PSD requirements and also issued a partial disapproval action applicable to the North Coast Unified AQMD portion of the California SIP that triggered the duty under CAA section 110(c)(1) for the EPA to promulgate this limited FIP. Under this final rule, the EPA will be the CAA PSD permitting authority for any new or modified major sources subject to PSD review for PM2.5 or its precursors within the District.

The Environmental Protection Agency (EPA) proposes to approve, and incorporate by reference, specific changes to Oregon's State Implementation Plan (SIP) submitted on April 22, 2015. The changes relate to the criteria pollutants for which the EPA has established national ambient air quality standardscarbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. Specifically, the changes account for new federal requirements for fine particulate matter, update the major and minor source pre-construction permitting programs, and add state-level air quality designations. The changes also address public notice procedures for informational meetings, and tighten emission standards for dust and smoke. In addition, Oregon reorganized rules in the SIP by consolidating definitions, removing duplicate provisions, correcting errors, and removing outdated provisions. We note that certain rule changes are not appropriate for SIP approval, or are inconsistent with Clean Air Act requirements. In those cases, we are not approving the revisions.

The Environmental Protection Agency (EPA) is taking direct final action to approve the portion of a state implementation plan (SIP) revision submitted on February 6, 2015, by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD), addressing the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) for the Atlanta, Georgia 2008 8-hour ozone nonattainment area (hereinafter referred to as the ``Atlanta Area'' or ``Area''). The Atlanta Area is comprised of 15 counties in Atlanta (Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale). This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.