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

In accordance with 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 cost recovery settlement agreement pursuant to CERCLA, with 145 Marcus Blvd., Inc. (``Settling Party'') for the Computer Circuits Superfund Site (``Site''), located in Hauppauge, Suffolk County, New York.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Connecticut. These SIP revisions consist of a demonstration that Connecticut meets the requirements to implement reasonably available control technology (RACT) for the two precursors of ground-level ozone, oxides of nitrogen (NOX) and volatile organic compounds (VOCs), set forth by the Clean Air Act (CAA) with respect to the 2008 ozone standard. Additionally, we are approving three related regulations that limit air emissions of NOX from sources within the State. This action is being taken in accordance with the Clean Air Act.

The Environmental Protection Agency (EPA) is proposing approval of State Implementation Plan (SIP) revisions received from the State of North Dakota on January 28, 2013, and April 22, 2014. The revisions are to Article 33-15 ``Air Pollution Control'' rules of the North Dakota Administrative Code. The revisions include amendments to add EPA Reference Method 22 to determine compliance with a visible emissions limit, add significance levels for PM2.5, modify existing significance levels for NO2 and SO2 and remove the significance level for PM10. This action is being taken under section 110 of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is announcing the availability of Draft Updated Aquatic Life Ambient Water Quality Criteria for Aluminum in Freshwater for public comment. EPA first released freshwater criteria for aluminum in 1988 to protect aquatic life from harmful effects of aluminum toxicity. EPA is updating its recommended aluminum criteria to reflect the latest science and to provide users the flexibility to develop site-specific criteria based on site-specific water chemistry. The draft document provides a scientific assessment of ecological effects and is not a regulation. Following closure of this 60-day public comment period, EPA will consider the comments, revise the draft document, as appropriate, and then publish a final document that will provide recommendations for states and authorized tribes to establish water quality standards. The recommendations found in this draft document do not replace or supersede EPA's 1988 national recommended criteria for aluminum in ambient water.

This regulation establishes a tolerance for residues of topramezone in or on sugarcane, cane. BASF Corporation requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes an exemption from the requirement of a tolerance for residues of Pseudomonas chlororaphis strain AFS009 in or on all food commodities when used in accordance with label directions and good agricultural practices. AFS009 Plant Protection, 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 Pseudomonas chlororaphis strain AFS009 under FFDCA.

The Environmental Protection Agency (EPA) is proposing to approve changes to portions of State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division, on November 29, 2010, and on July 25, 2014. These changes correct a numbering error, clarify rule applicability, and remove obsolete tables and references in multiple rules. EPA is proposing to approve portions of these SIP revisions because the State has demonstrated that these changes are consistent with the Clean Air Act.

The Environmental Protection Agency (EPA) is taking direct final action to approve portions of State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (GA EPD), on November 29, 2010, and July 25, 2014. These changes correct a numbering error, clarify rule applicability and remove obsolete tables and references in multiple rules. EPA is approving portions of these SIP revisions because the State has demonstrated that they are consistent with the Clean Air Act (CAA or Act).

This regulation amends a tolerance for residues of ametoctradin in or on hops. BASF Corporation requested this tolerance amendment under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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 May 1, 2017 to May 31, 2017.

This regulation increases existing tolerances for residues of fenpyroximate in or on dried citrus pulp, citrus oil, and the citrus fruit group 10-10. Nichino America, Inc. requested these tolerance increases under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances for residues of tolpyralate in or on field corn, popcorn, and sweet corn. ISK Biosciences Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is proposing to amend the national emission standards for hazardous air pollutants for flame attenuation (FA) lines in the wool fiberglass manufacturing industry. In the ``Rules and Regulations'' section of this Federal Register, we are publishing a direct final rule, without a prior proposed rule, that revises the compliance dates for FA lines. This direct final rule provides an additional year for affected sources to comply with the emission limits for FA lines. The EPA can give sources up to 3 years to comply with emission limits in the Clean Air Act (CAA) standards. FA lines initially were given 2 years to comply with the emission limits, and we are extending that compliance date to the maximum of 3 years while we conduct our review. This compliance date extension will enable the EPA to conduct a review of the emission limits for FA lines in light of recently submitted corrected source emissions data. If we receive no adverse comment, we will not take further action on this proposed rule.

The Environmental Protection Agency and the Department of the Army (``the agencies'') are publishing this proposed rule to initiate the first step in a comprehensive, two-step process intended to review and revise the definition of ``waters of the United States'' consistent with the Executive Order signed on February 28, 2017, ``Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule.'' This first step proposes to rescind the definition of ``waters of the United States'' in the Code of Federal Regulations to re-codify the definition of ``waters of the United States,'' which currently governs administration of the Clean Water Act, pursuant to a decision issued by the U.S. Court of Appeals for the Sixth Circuit staying a definition of ``waters of the United States'' promulgated by the agencies in 2015. The agencies would apply the definition of ``waters of the United States'' as it is currently being implemented, that is informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding practice. Proposing to re-codify the regulations that existed before the 2015 Clean Water Rule will provide continuity and certainty for regulated entities, the States, agency staff, and the public. In a second step, the agencies will pursue notice-and-comment rulemaking in which the agencies will conduct a substantive re-evaluation of the definition of ``waters of the United States.''

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) Science Advisory Board (SAB) Staff Office announces a public meeting of the chartered SAB to: Conduct three quality reviews of (1) the SAB peer review of EPA's Draft Assessment entitled Toxicological Review of Hexahydro- 1,3,5-trinitro-1,3,5-triazine (RDX); (2) the draft SAB report on Economy-wide Modeling of the Benefits and Costs of Environmental Regulation and (3) the draft SAB review of the EPA's Framework for Assessing Biogenic CO2 Emissions from Stationary Sources (2014); and receive briefings on SAB projects and future topics from the EPA.

Under 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement with CEMEX Construction Materials Florida, LLC, and Hexion Inc. concerning the Coronet Industries Site located in Plant City, Hillsborough County, Florida. The settlement addresses recovery of CERCLA costs for response actions performed by the EPA at the Site.

Notice is hereby given that a reissuance of an exemption to the Land Disposal Restrictions, under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, has been granted to Vopak for one Class I hazardous waste injection well located at their Deer Park, Texas facility. The company has adequately demonstrated to the satisfaction of the Environmental Protection Agency by the petition reissuance application and supporting documentation that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. This final decision allows the underground injection by Vopak of the specific restricted hazardous wastes identified in this exemption reissuance, into Class I hazardous waste injection Well WDW-157 until December 31, 2030, unless EPA moves to terminate this exemption or other petition condition limitations are reached. Additional conditions included in this final decision may be reviewed by contacting the Region 6 Ground Water/UIC Section. A public notice was issued May 3, 2017, and the public comment period closed on June 19, 2017, and no comments were received. This decision constitutes final Agency action and there is no Administrative appeal. This decision may be reviewed/appealed in compliance with the Administrative Procedure Act.

Notice is hereby given of a proposed administrative cost settlement for recovery of response costs concerning the Parker Street Waste Site, located in New Bedford, Bristol County, Massachusetts with the Settling Party the City of New Bedford. The proposed settlement requires the Settling Party pay EPA $1,600,000 to settle EPA's past response costs, which currently amount to $18,408,619. In exchange, EPA will provide the Settling Party with a covenant not to sue for past costs. The settlement has been approved by the Environmental and Natural Resources Division of the United States Department of Justice. For 30 days following the date of publication of this notice, the Agency will receive written comments relating to the settlement for recovery of response costs. The Agency will consider all comments received and may modify or withdraw its consent to this cost recovery settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the New Bedford Free Public Library, 613 Pleasant Street, New Bedford 02740 and at the Environmental Protection Agency Region I, 5 Post Office Square, Suite 100, Boston, MA 02109-3912.

The Environmental Protection Agency (EPA) has entered into a Consent Agreement with JPMorgan Chase Bank, N.A. (JPMC or Respondent) to resolve violations of the Clean Water Act (CWA), the Clean Air Act (CAA), the Resource Conservation and Recovery Act (RCRA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) and their implementing regulations. The Administrator is hereby providing public notice of this Consent Agreement and proposed Final Order (CAFO), and providing an opportunity for interested persons to comment on the CAFO. Upon closure of the public comment period, the CAFO and any public comments will be forwarded to the Agency's Environmental Appeals Board (EAB).

The Environmental Protection Agency (EPA) is providing notice that two chapters of the current EPA Air Pollution Control Cost Manual (Control Cost Manual) have been updated. The EPA is requesting comment on: Chapter 1, Section 3 and Section 3.1, ``Carbon Adsorbers,'' and Chapter 1, Section 3 and Section 3.2, ``Flares.'' These two Control Cost Manual chapters cover control measures for volatile organic compound (VOC) emissions.

The Environmental Protection Agency (EPA) is approving a revision to the Florida State Implementation Plan submitted by the Florida Department of Environmental Protection (DEP) on February 20, 2013. The revision removes unnecessary and superseded rules from the Florida State Implementation Plan (SIP). Specifically, this revision removes non-regulatory introductory language, as well as a regulation that has been superseded by more stringent federal regulations. This action is being taken pursuant to the Clean Air Act (CAA or Act).

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 proposes the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that apply to gasoline and diesel transportation fuel produced or imported in the year 2018. Relying on statutory waiver authority that is available when projected cellulosic biofuel production volumes are less than the applicable volume specified in the statute, the EPA is proposing volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel that are below the statutory applicable volumes, and lower than the 2017 requirements. In this action, we are also proposing the applicable volume of biomass-based diesel for 2019.

As required under section 6(b)(4) of the Toxic Substances Control Act (TSCA), EPA is issuing a rule that establishes a process for conducting risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or other non-risk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation, under the conditions of use. This process incorporates the science requirements of the amended statute, including best available science and weight of the scientific evidence. Risk evaluation is the second step, after Prioritization, in a new process of existing chemical substance review and management established under recent amendments to TSCA. This rule identifies the steps of a risk evaluation process including: scope, hazard assessment, exposure assessment, risk characterization, and finally a risk determination. This process will be used for the first ten chemical substances undergoing evaluation from the 2014 update of the TSCA Work Plan for Chemical Assessments (to the maximum extent practicable). Chemical substances designated as High-Priority Substances during the prioritization process and those chemical substances for which EPA has initiated a risk evaluation in response to a manufacturer request, will always be subject to this process. The final rule also includes the required ``form and criteria'' applicable to such manufacturer requests.