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

The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act, revisions to the Ohio Administrative Code rule as part of Ohio's State Implementation Plan (SIP). This rule has generally been revised to: Make minor style changes to meet Ohio's legislative service commission style and formatting guidelines; add specific effective dates within the rule; correct certain errors and omissions introduced when the rule was last revised; remove facilities and units that have been permanently shut down; update the names of certain subject facilities; and modify certain source applicability exclusions. Sources controlled by this rule are not covered by existing Volatile Organic Compound (VOC) Reasonably Available Control Technology (RACT) rules or other organic material emission control rules in Ohio's Administrative Code.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submission from the Illinois Environmental Protection Agency (IEPA) dated May 9, 2017. The submission provides IEPA's certification that its existing emission statement program, titled ``Annual Emissions Report'', remains in effect and satisfies the Clean Air Act (CAA) emissions statement requirement for the Illinois portions of the Chicago-Naperville, Illinois-Indiana-Wisconsin and St. Louis-St. Charles-Farmington, Missouri-Illinois nonattainment areas under the 2008 ozone National Ambient Air Quality Standard (NAAQS). Under the CAA, states' SIPs must require stationary sources in ozone nonattainment areas classified as marginal or above to annually report emissions of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX).

On August 29, 2012, the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), submitted changes to the Kentucky State Implementation Plan (SIP) on behalf of the Louisville Metro Air Pollution Control District (District or Jefferson County). The Environmental Protection Agency (EPA) is proposing to approve several changes that modify the District's air quality regulations as incorporated into the SIP. The changes to the regulatory portion of the SIP that EPA is proposing to approve pertain to definitional changes, administrative amendments, open burning, standards of performance, and volatile organic compounds (VOCs). EPA is proposing to approve these changes because the Commonwealth and Jefferson County have demonstrated that these changes are consistent with the Clean Air Act (CAA or Act).

EPA has received a specific exemption request from the Washington State Department of Agriculture to use the pesticide lambda- cyhalothrin (CAS No. 91465-08-6) to treat up to 7,000 acres of asparagus to control the European asparagus aphid. The applicant proposes a use which is supported by the Interregional Research Project number 4 (IR-4) program and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. Therefore, in accordance with regulatory requirements, EPA is soliciting public comment before making the decision whether or not to grant the exemption.

Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the May 30, 2017, direct final rule approving the redesignation of the Muncie nonattainment area to attainment for the 2008 national ambient air quality standards (NAAQS) for lead, 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.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 2, of a proposed bona fide prospective purchaser settlement agreement pursuant to Sections 104, 106, 107, and 122 of CERCLA, with 356 Getty Avenue, LLC for the Alfred Heller Heat Treating Superfund Site (``Site''), located in the City of Clifton, Passaic County, New Jersey. 356 Getty Avenue, LLC agrees to perform a CERCLA removal action at the Site and pay EPA $25,000 for EPA's future oversight costs at or in connection with the Site. The settlement includes a covenant by EPA not to sue or to take administrative action against 356 Getty Avenue, LLC pursuant to Sections 106 and 107(a) of CERCLA, for Existing Contamination, a defined term under the settlement agreement, 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 2, 290 Broadway, New York, New York 10007-1866.

The Environmental Protection Agency's (EPA) Science Advisory Board (SAB) Staff Office announces a meeting of the SAB's 2017 Scientific and Technological Achievement Awards (STAA) Committee and a meeting of the chartered SAB to develop and review recommendations for recognition under the Agency's 2017 STAA program. These meetings are closed to the public.

EPA has authorized its contractor and subcontractors, Syracuse Research Corporation (SRC) of North Syracuse, New York; BeakerTree Corporation of Arlington, VA; Essential Software, Inc. of Potomac, MD; and Versar, Inc. of Springfield, VA, to access information which has been submitted to EPA under sections 4, 5, 6, 8, and 21 of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

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.

The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), a State Implementation Plan (SIP) revision submitted by Wisconsin on January 31, 2017, and supplemented on March 20, 2017. This SIP submittal consists of Wisconsin Administrative Order AM-16-01, which imposes a requirement for a taller cupola exhaust stack, a sulfur dioxide (SO2) emission limit in conjunction with a minimum cupola stack flue gas flow rate, and associated requirements on the mineral wool production process at the USG Interiors LLC facility located in Walworth, Wisconsin (USG-Walworth). Wisconsin submitted this SIP revision to enable the area near USG- Walworth to qualify for being designated ``attainment'' of the 2010 primary SO2 National Ambient Air Quality Standards (NAAQS), a matter that will be addressed in a separate future rulemaking. EPA is approving AM-16-01 into the Wisconsin SIP, which makes the AM-16-01 requirements federally enforceable.

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision pertains to the requirements for reasonably available control technology (RACT) controls for certain sources of volatile organic compounds (VOCs) under the 1997 ozone national ambient air quality standard (NAAQS). This SIP revision includes Pennsylvania's certification that previously adopted RACT controls in Pennsylvania's SIP that were approved by EPA under the 1-hour ozone NAAQS are based on the currently available technically and economically feasible controls, and that they continue to represent RACT for the 1997 ozone NAAQS and a negative declaration that certain categories of sources do not exist in Pennsylvania. This SIP revision does not address Pennsylvania's May 2016 VOC and nitrogen oxides (NOX) RACT rule, ``Additional RACT Requirements for Major Sources of NOX and VOCs,'' also known as RACT II. EPA will take separate action on RACT II. In the Final Rules section of this Federal Register, EPA is approving the State'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 final action to approve a revision to the Antelope Valley Air Quality Management District (AVAQMD or ``District'') portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NOX) from passenger vehicles. We are approving a local rule that encourages the use of rideshare alternatives as a means of travelling to worksites in the District.

This notice announces EPA's approval of the State of Georgia's request to revise its National Primary Drinking Water Regulations Implementation EPA-authorized program to allow electronic reporting.

This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to CACI/Emergent and its subcontractor, Arctic Slope Mission Services, LLC, in accordance with the CBI regulations. CACI/Emergent and its subcontractor, Arctic Slope Mission Services, LLC, have been awarded a contract to perform work for OPP, and access to this information will enable CACI/Emergent and its subcontractor, Arctic Slope Mission Services, LLC, to fulfill the obligations of the contract.

The Environmental Protection Agency (EPA) Region 1 is publishing a direct final Notice of Deletion of the Shpack Landfill Superfund Site (Site), located on Union Rd. and Peckham Streets in Norton and Attleboro, Massachusetts, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Massachusetts, through the Massachusetts Department of Environmental Protection (MassDEP), because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, monitoring, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

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 a May 6, 2016, Federal Register, Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the May 6, 2016 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30-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 oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate, ammonium salt and oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate, potassium salt; when used as an inert ingredient in a pesticide chemical formulation. Clariant Corporation, 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 oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate, ammonium salt and oxirane, 2-methyl, polymer with oxirane, hydrogen sulfate, potassium salt on food or feed commodities.

This regulation establishes tolerances for residues of indaziflam in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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. This document also announces the closure of the registration review cases for Amines, C10-16-alkyldimethyl, N-oxides (ADAO) (Case 5003, and Docket ID Number: EPA-HQ-OPP-2011-0616); 1H-Pyrazole-1-methanol, 3,5- dimethyl (DMHMP) (Case 5035, and Docket ID Number: EPA-HQ-OPP-2011- 0619); and Nuosept (Cosan) 145 (Case 3052, and Docket ID Number: EPA- HQ-OPP-2008-0335) because all of the registrations in the U.S. have been cancelled.

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 January 1, 2017 to March 31, 2017 to control unforeseen pest outbreaks.

Section 5(g) of the Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of TSCA section 5(a) notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA section 5. This document presents statements of findings made by EPA on TSCA section 5(a) notices during the period from March 1, 2017 to March 31, 2017.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. The revision consists of a reasonably available control technology (RACT) approval for a volatile organic compound (VOC) emission source in Rhode Island, specifically, US Watercraft, LLC. This action is being taken in accordance with the Clean Air Act.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Clean Water Act Section 404 State-Assumed Programs'' (EPA ICR No. 0220.13, OMB Control No. 2040-0168) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. 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 No. 0220.12, which is currently approved through November 30, 2017. 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 taking direct final action to approve changes to the Florida State Implementation Plan (SIP) to update definitions and make administrative edits to regulations for the Plantwide Applicability Limits (PALs) and Florida's Small Business Assistance program (SBA). EPA is proposing to approve portions of a SIP revision submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP) on July 1, 2011, to update definitions and make administrative edits to PALs and the SBA. This action is being taken pursuant to the Clean Air Act (CAA or Act).