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

EPA is proposing to grant a petition submitted by ExxonMobil Oil Corporation Beaumont Refinery (ExxonMobil) to exclude (or delist) the secondary impoundment basin solids in Beaumont, Texas from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) Version 3.0.47 in the evaluation of the impact of the petitioned waste on human health and the environment.

On June 29, 2016, the Ohio Environmental Protection Agency (OEPA) submitted a request for the Environmental Protection Agency (EPA) to redesignate the partial Cuyahoga County nonattainment area (known as and referred to as the Cleveland area) to attainment for the 2008 national ambient air quality standards (NAAQS or standards) for lead. EPA finds that the Cleveland area meets the requirements for redesignation and is also approving several additional related actions. EPA is approving, as revisions to the Ohio state implementation plan (SIP), reasonably available control measure/reasonably available control technology (RACM/RACT) requirements, emissions inventory requirements, and the state's plan for maintaining the 2008 lead NAAQS through 2030 for the area. EPA is taking these actions in accordance with the Clean Air Act (CAA) and EPA's implementation regulations regarding the 2008 lead NAAQS.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving severable portions of three revisions to the Louisiana New Source Review (NSR) State Implementation Plan (SIP) submitted by the Louisiana Department of Environmental Quality (LDEQ). Specifically, we are finalizing approval of provisions contained within the Chapter 5 air construction permit rules as initially submitted on November 15, 1993, November 10, 1994, and November 9, 2007. We are withdrawing our proposed disapproval of LAC 33:III.501.B.1.d, LAC 33:III.513.A.1, and LAC 33:III.531.A.1. because the LDEQ withdrew these sections from our consideration on April 19, 2017.

The Environmental Protection Agency (EPA) is approving the State of Michigan's request to revise the designation of (redesignate) the Belding nonattainment area (Belding) to attainment of the 2008 National Ambient Air Quality Standards (NAAQS or standard) for lead. EPA is also approving the maintenance plan and related elements of the redesignation. EPA is approving reasonably available control measure (RACM)/reasonably available control technology (RACT) measures and a comprehensive emissions inventory as meeting the Clean Air Act (CAA) requirements. EPA is taking these actions in accordance with the CAA and EPA's implementation regulations regarding the 2008 lead NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the state of Montana on September 8, 2016. The revisions are to the Administrative Rules of Montana (ARM) and include updates to the citations and references to federal and state laws and regulations, updated links to sources of information, and provides clarity on how copies of federal regulations may be obtained. In the ``Rules and Regulations'' section of this Federal Register, we are approving these SIP revisions as a direct final rule without prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. This action is being taken in accordance with section 110 of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania for the purpose of updating the SIP to include administrative and definition amendments made to Allegheny County Health Department's (ACHD) Rules and Regulations Article XXI, Air Pollution Control. The amendments update the name of the Bureau of Environmental Quality to the Bureau of Environmental Health and revise the definition of ``County Executive'' to agree with the definition contained in the Allegheny County Home Rule Charter. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

The Environmental Protection Agency (EPA) is taking direct final action to approve changes to the South Carolina State Implementation Plan (SIP) to address requirements for the reporting of emissions of criteria air pollutants (CAPs) and their precursors. EPA is approving a SIP revision submitted on June 14, 2010, by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), and portions of subsequent SIP revisions submitted on August 8, 2014 and November 4, 2016, which further revise the regulations concerning the reporting of emissions. This action is being taken pursuant to the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is proposing to approve changes to the South Carolina State Implementation Plan to address requirements for the reporting of air emissions of criteria air pollutants and their precursors. EPA is proposing to approve a SIP revision submitted on June 14, 2010, by the State of South Carolina, through the South Carolina Department of Health and Environmental Control, and portions of subsequent SIP revisions submitted on August 8, 2014 and November 4, 2016, which further revise the regulations concerning the reporting of emissions. This proposed action is being taken pursuant to the Clean Air Act.

The U.S. Environmental Protection Agency (EPA) published a notice seeking nominations for technical experts to serve on its Board of Scientific Counselors (BOSC), a federal advisory committee to the Office of Research and Development (ORD) in the Federal Register on May 25, 2017. An error in the date for submitting nominations via the BOSC Web site is identified and corrected in this action.

The Environmental Protection Agency (EPA) is reopening the public comment period on the proposed rule ``Approval and Promulgation of Implementation Plans; Oregon: Permitting and General Rule Revisions'' published March 22, 2017. A commenter requested more time to review the proposal and prepare comments. In response, the EPA is providing an additional 30 days for public comment.

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Maryland state implementation plan (SIP). The regulations affected by this update have been previously submitted by the Maryland Department of the Environment (MDE) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This revision pertains to a best available retrofit technology (BART) alternative measure for the Verso Luke Paper Mill (the Mill) submitted by the State of Maryland. Maryland requests new emissions limits for sulfur dioxide (SO2) and nitrogen oxides (NOX) for power boiler 24 at the Mill and a SO2 cap on tons emitted per year for power boiler 25, while also requesting removal of the specific BART emission limits for SO2 and NOX from power boiler 25. The alternative BART measure will provide greater reasonable progress for SO2 and NOX for regional haze by resulting in additional emission reductions of 2,055 tons per year (tpy) of SO2 and an additional 804 tpy of NOX than would occur through the previously approved BART measure for power boiler 25, a BART subject source. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Delaware state implementation plan (SIP). The regulations affected by this update have been previously submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Virginia state implementation plan (SIP). The regulations affected by this update have been previously submitted by the Virginia Department of Environmental Quality (VADEQ) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

The Environmental Protection Agency (EPA) is approving the April 14, 2016, request from the Indiana Department of Environmental Management (Indiana) to redesignate the Muncie nonattainment area to attainment for the 2008 national ambient air quality standards (NAAQS or standards) for lead. EPA is also approving the state's plan for maintaining the 2008 lead NAAQS through 2030 for the area and the 2013 attainment year emissions inventory for the area. EPA is approving these actions in accordance with the Clean Air Act (CAA) and EPA's implementation regulations regarding the 2008 lead NAAQS.

The Environmental Protection Agency (EPA) is proposing to redesignate the Muncie, Indiana nonattainment area to attainment for the 2008 national ambient air quality standard (NAAQS) for lead. EPA is proposing to approve this request and two additional related actions as revisions to the Indiana state implementation plan (SIP). These are the state's plan for maintaining the 2008 lead NAAQS through 2030 for the area and the 2013 attainment year emissions inventory for the area. EPA is proposing to approve these actions in accordance with the Clean Air Act and EPA's implementation regulations regarding the 2008 lead NAAQS.

The Environmental Protection Agency (EPA) announces a public meeting of the Great Lakes Advisory Board (the Board). The purpose of this meeting is to discuss the Great Lakes Restoration Initiative (GLRI) covering FY15-19 and other relevant matters. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days' public notice.

This regulation establishes tolerances for residues of isopyrazam in or on pepper, bell; tomato; and vegetable, cucurbit, subgroup 9A. Syngenta Crop Protection, LLC, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

An Environmental Modeling Public Meeting (EMPM) will be held on Wednesday, June 28, 2017. This Notice announces the location and time for the meeting and provides tentative agenda topics. The EMPM provides a public forum for EPA and its stakeholders to discuss current issues related to modeling pesticide fate, transport, and exposure for pesticide risk assessments in a regulatory context.

This notice announces the availability of EPA's draft human health and ecological risk assessments for the registration review of bromacil, cyprodinil, and propamocarb; the draft human health risk assessment for the registration review of cyphenothrin; and the draft ecological risk assessment for the registration review of 2, 4-D, and opens a public comment period on these documents. This notice also announces the availability of EPA's final occupational and residential exposure assessment for the registration review of tetrachlorvinphos (TCVP) and EPA's explanation for relying on TCVP data from human research on TCVP exposure from pet collars. The TCVP draft risk assessments were published for a 60-day public comment period in the Federal Register of January 20, 2016 (81 FR 3128) (FRL-9940-81). Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration; that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. As part of the registration review process, the Agency has completed comprehensive draft human health and draft ecological risk assessments for the registration review of bromacil, cyprodinil, and propamocarb; the draft human health risk assessment for the registration review of cyphenothrin; the final occupational and residential exposure assessment for TCVP; and the draft ecological risk assessment for the registration review of 2, 4-D. After reviewing comments received during the public comment period for all pesticide cases named above (excluding TCVP), EPA may issue a revised risk assessment, explain any changes to the draft risk assessment, and respond to comments and may request public input on risk mitigation before completing a proposed registration review decision for the pesticides identified above. Regarding TCVP, the EPA has published a revised human health and final occupational and residential exposure assessment in addition to response to comments and other support documents, which explain changes to the preliminary risk assessments and responds to substantive comments. Through the registration review program, the EPA is ensuring that each pesticide's registrations are based on current scientific and other knowledge, including its effects on human health and the environment.

This regulation establishes tolerances for residues of fenazaquin in or on hop, dried cones; nuts, tree, group 14-12; pineapple; and tea, dried. Gowan Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces the availability of EPA's interim registration review decisions for 2-(Decylthio)ethanamine Hydrochloride, DTEA-HCl; Aliphatic Alcohols, C1-C5; Bentazon; Chlorfenapyr; Propoxur; Propoxycarbazone-sodium; Sodium Acifluorfen; and Thidiazuron. The Agency is also amending the interim registration review decision for Maleic Hydrazide. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

This notice announces the availability of EPA's proposed interim registration review decisions and opens a 60-day public comment period on the proposed interim decisions. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

The Environmental Protection Agency (EPA) is proposing to approve several different State Implementation Plan (SIP) revisions submitted to EPA by the New Hampshire Department of Environmental Services (NHDES). New Hampshire submitted to EPA on October 26, 2016, revisions satisfying the NHDES's earlier commitment to adopt and submit provisions that meet certain requirements of the federal Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) air permit program regulations. This proposed action will convert to full approval EPA's September 25, 2015 conditional approval of New Hampshire's PSD and NNSR permit programs. This action also will approve NHDES's SIP revisions relating to several New Hampshire infrastructure SIPs, which were conditionally approved by EPA on December 16, 2015, and July 8, 2016. Additionally, EPA is also proposing to approve: a January 31, 2017 SIP revision amending the public notice and hearing procedures for New Hampshire's NNSR, PSD, and minor NSR permit programs; a January 18, 2017 SIP revision withdrawing the State SIP's permit fee system; and a November 17, 2015 SIP revision that addresses the good neighbor provisions of New Hampshire's infrastructure SIP for the 2010 nitrogen oxide (NO2) national ambient air quality standard (NAAQS). This action is being taken in accordance with the Clean Air Act (CAA).

EPA has received a specific exemption request from the Washington State Department of Agriculture to use the herbicide pyridate (CAS No. 55512-33-9) to treat up to 13,850 acres of double-cut mint to control terbacil-resistant redroot pigweed biotypes, common lambquarters, Powell amaranth, cinquefoil, Russian thistle, marestail and field violet in Washington. The applicant proposes a use of a pesticide that was voluntarily canceled in 2004, and which is now considered to be unregistered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA is soliciting public comment before making the decision whether or not to grant the exemption.