Environmental Protection Agency 2017 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), for inclusion into the Alabama SIP, on December 9, 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.'' ADEM certified that the Alabama SIP contains provisions that ensure the 2012 Annual PM2.5 NAAQS is implemented, enforced, and maintained in Alabama. EPA has determined that portions of Alabama's SIP satisfy certain required infrastructure elements for the 2012 Annual PM2.5 NAAQS.

The Environmental Protection Agency (EPA) is taking direct final action to approve the Clean Air Act (CAA) section 111(d)/129 negative declaration for the United States Virgin Islands, for other solid waste incineration units. Other solid waste incineration (OSWI) unit. which is either a very small municipal waste combustion unit or an institutional waste incineration unit. This negative declaration certifies that OSWI units subject to sections 111(d) and 129 of the CAA do not exist within the jurisdiction of the United States Virgin Islands. The EPA is accepting the negative declaration in accordance with the requirements of the CAA.

The U.S. Environmental Protection Agency (EPA) is announcing the release of materials for public comment. These materials will undergo expert peer review in support of EPA's Safe Drinking Water Act decision making for perchlorate. This request is one of two Federal Register notices being published concurrently, seeking public comment on two separate sets of peer review materials. This notice requests comments (to be sent to EPA) on a draft report entitled ``Draft Report: Proposed Approaches to Inform the Derivation of a Maximum Contaminant Level Goal for Perchlorate in Drinking Water'' (draft MCLG Approaches Report). The companion notice requests comments (to be sent to EPA's contractor, Versar, Inc.) on an interim list of peer reviewers and draft charge questions.

This notice announces that the EPA issued a final agency action for a Clean Air Act Prevention of Significant Deterioration (PSD) Non-Applicability Determination to Tesoro Refining & Marketing Company LLC (Tesoro) for further integration of its Carson and Wilmington facilities in California's South Coast Air Basin. Tesoro has termed its construction project the Los Angeles Refinery Integration and Compliance (LARIC) Project. Tesoro intends to shut down certain units, modify other units and construct new units to facilitate physically connecting the two refineries to improve efficiency and comply with EPA's Tier 3 Gasoline regulations. In its Non-Applicability Determination, the EPA determined that the LARIC Project is a not a major PSD modification.

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates with expertise in the area of bioethics and statistics to be considered for appointment to its Human Studies Review Board (HSRB) federal advisory committee. HSRB vacancies will be filled in the fall of 2017. In addition to this Federal Register notice, additional sources of nominations may be used to obtain a balanced committee.

EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

On June 20, 2017, the U.S. Environmental Protection Agency (EPA or the agency) took direct final action to amend the All Appropriate Inquiries Rule to reference ASTM International's E2247-16 ``Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property'' and allow for its use to satisfy the statutory requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The direct final rule was scheduled to be effective on September 18, 2017, unless EPA received adverse written comment. Because EPA received adverse comment, we are withdrawing the direct final rule for the Amendment to Standards and Practices for All Appropriate Inquiries published on June 20, 2017.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Iowa the State Implementation Plan (SIP), the 111(d) plan, and the Operating Permits Program. These revisions update and clarify rules and make minor revisions and corrections. Approval of these revisions will ensure consistency between the state and Federally-approved rules, and ensure Federal enforceability of the state's revised air program rules. In the ``Rules and Regulations'' section of this Federal Register, we are approving the state's SIP revisions as a direct final rule without a prior proposed rule. EPA is taking direct final action because we view this as a noncontroversial action and anticipate no relevant adverse comment. We have explained our reasons for these actions in the Technical Support Document that is included with this docket. If we receive no adverse comment, we will not take further action on this proposed rule.

The Environmental Protection Agency (EPA) is proposing to approve portions of the fine particulate matter (PM2.5) State Implementation Plan (SIP) and related rule revisions submitted by the State of Utah. The EPA is proposing to approve revisions submitted on May 9, 2013 and August 25, 2017 for Utah's fugitive dust control rule, and to approve the State's associated reasonable available control measures (RACM) determination, submitted on December 16, 2014. This action is being taken under section 110 of the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is taking direct final action approving a State Implementation Plan (SIP) revision submitted by the State of Montana. On September 19, 2016, the Governor of Montana submitted to the EPA a Clean Air Act (CAA) section 175A(b) second 10-year maintenance plan for the Missoula, Montana area for the carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS). This limited maintenance plan (LMP) addresses maintenance of the CO NAAQS for a second 10-year period beyond the original redesignation. This action is being taken under sections 110 and 175A of the CAA.

The Environmental Protection Agency (EPA) is proposing to conditionally approve a State Implementation Plan (SIP) submitted by the State of New York for purposes of implementing Reasonably Available Control Technology (RACT) for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). This proposed approval is conditioned on New York's timely submittal of a supplement to the SIP that includes a revised regulatory RACT requirement related to control of volatile organic compounds from Industrial Cleaning Solvents. The EPA is proposing to approve New York's RACT SIP as it applies to non-control technique guideline major sources and major sources of oxides of nitrogen. The EPA is also proposing to approve the State of New York's non-attainment new source review certification as sufficient for purposes of satisfying the 2008 8-hour ozone NAAQS. This action is being taken in accordance with the requirements of the Clean Air Act.

During a review of Arkansas' regulations, the Environmental Protection Agency (EPA) identified a variety of State-initiated changes to Arkansas' hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. The EPA proposes to authorize the State for the program changes. In addition, the EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Arkansas' authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under RCRA. The purpose of this Federal Register document is to codify Arkansas' base hazardous waste management program and its revisions to that program.

This notice announces the availability of EPA's draft human health and/or ecological risk assessments for the registration review of asulam, chloroxylenol, dichlobenil, EPTC, etofenprox, gamma- and lambda-cyhalothrin, imidacloprid, indoxacarb, metribuzin, nitrapyrin, oxamyl, pendimethalin, permethrin, prometryn, pyrethrins, tau- fluvalinate, and trifloxystrobin. 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/or ecological risk assessments for all pesticides listed in the Table in Unit III. After reviewing comments received during the public comment period, 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 listed in the Table in Unit III. 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.

EPA issued notices in the Federal Register of June 8, 2016, and July 5, 2017, concerning receipt of requests to voluntarily cancel certain pesticide registrations and its follow-up product cancellation order. In the notice of July 5, 2017, EPA inadvertently listed the pesticide products Dithiopyr 0.13% Plus Fertilizer (EPA Reg. No. 53883- 207), Dithiopyr 0.25% Plus Fertilizer (EPA Reg. No. 53883-208), Dithiopyr 0.172% Plus Fertilizer (EPA Reg. No. 53883-209), Dithiopyr 0.107% Plus Fertilizer (EPA Reg. No. 53883-210), Dithiopyr 0.06% Plus Fertilizer (EPA Reg. No. 53883-211), Dithiopyr 0.086% Plus Fertilizer (EPA Reg. No. 53883-212), Dithiopyr 0.1% Plus Fertilizer (EPA Reg. No. 53883-213), Dithiopyr Concentrate for Fertilizer (EPA Reg. No. 53883- 268) and Quali-Pro Dithiopyr 2L (EPA Reg. No. 53883-311). The registrant had responded with a letter to the Office of Pesticide Programs dated June 10, 2016 requesting that the nine products not be cancelled. The letter was never forwarded to be included in the public docket for this Federal Register notice so the products were listed in the notice of July 5, 2017, in error. Therefore, EPA is not cancelling the pesticide products Dithiopyr 0.13% Plus Fertilizer (EPA Reg. No. 53883-207), Dithiopyr 0.25% Plus Fertilizer (EPA Reg. No. 53883-208), Dithiopyr 0.172% Plus Fertilizer (EPA Reg. No. 53883-209), Dithiopyr 0.107% Plus Fertilizer (EPA Reg. No. 53883-210), Dithiopyr 0.06% Plus Fertilizer (EPA Reg. No. 53883-211), Dithiopyr 0.086% Plus Fertilizer (EPA Reg. No. 53883-212), Dithiopyr 0.1% Plus Fertilizer (EPA Reg. No. 53883-213), Dithiopyr Concentrate for Fertilizer (EPA Reg. No. 53883-268) and Quali-Pro Dithiopyr 2L (EPA Reg. No. 53883-311). This document removes the cancellation order for EPA Reg. Numbers 53883-207, 53883-208, 53883-209, 53883-210, 53883-211, 53883-212, 53883-213, EPA Reg. No. 53883-268 and 53883-311 listed in the July 5, 2017, Federal Register notice.

The Environmental Protection Agency (EPA) is taking final action to determine that the Jefferson County nonattainment area, in Missouri, has attained the 2010 1-hour primary Sulfur Dioxide (SO2) National Ambient Air Quality Standard (NAAQS) per the EPA's Clean Data Policy. This determination of attainment is based upon complete, quality assured, and certified ambient air monitoring data from the 2014-2016 monitoring period, associated dispersion modeling, and supplemental emissions inventory information, which demonstrate that the Jefferson County area attained the 2010 1-hour primary SO2 NAAQS.

The Environmental Protection Agency (EPA) is proposing to find that the Idaho State Implementation Plan (SIP) meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for the annual particulate matter (PM2.5) standard on December 14, 2012. Whenever a new or revised NAAQS is promulgated, the CAA requires states to submit a plan for the implementation, maintenance and enforcement of such NAAQS. The plan is required to address basic program elements, including but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. On December 23, 2015, the State of Idaho submitted a certification to the EPA that the Idaho SIP meets the infrastructure requirements for the 2012 PM2.5 NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Placer County Air Pollution Control District (PCAPCD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NOX) from incinerators in the PCAPCD and previously unregulated types of fuel burning equipment in the VCAPCD. 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.

The Environmental Protection Agency (EPA) is finalizing revisions pursuant to section 110 of the Clean Air Act (CAA) to the Federal Implementation Plan (FIP) addressing regional haze in the State of Montana. The EPA promulgated a FIP on September 18, 2012, in response to the State's decision in 2006 to not submit a regional haze State Implementation Plan (SIP). We proposed revisions to that FIP on April 14, 2017, and are now finalizing those revisions. Specifically, the EPA is finalizing revisions to the FIP's requirement for best available retrofit technology (BART) for the Trident cement kiln owned and operated by Oldcastle Materials Cement Holdings, Inc. (Oldcastle), located in Three Forks, Montana. In response to a request from Oldcastle, and in light of new information that was not available at the time we originally promulgated the FIP, we are revising the nitrogen oxides (NOX) emission limit for the Trident cement kiln. We are also correcting errors we made in our FIP regarding the reasonable progress determination for the Blaine County #1 Compressor Station and the instructions for compliance determinations for particulate matter (PM) BART emission limits at electrical generating units (EGUs) and cement kilns. This action does not address the U.S. Court of Appeals for the Ninth Circuit's June 9, 2015 vacatur and remand of portions of the FIP regarding the Colstrip and Corette power plants; we plan to address the court's remand in a separate action.

The Environmental Protection Agency (EPA) is granting two one- year extensions to the Moderate attainment date for the 2006 24-hour fine particulate matter (PM2.5) Logan, Utah (UT)-Idaho (ID) nonattainment area. This action is based on the EPA's evaluation of air quality monitoring data and extension requests submitted by the State of Utah on May 2, 2017, and the State of Idaho on December 15, 2015, February 26, 2016, and April 25, 2017. The EPA is extending the Moderate attainment date from December 31, 2015 to December 31, 2017, in accordance with section 188(d) of the Clean Air Act (CAA).

EPA is proposing to revoke certain tolerances for aluminum tris (O-ethylphosphonate), carbon disulfide, cyromazine, dichlobenil, isoxaben, oxydemeton-methyl, propachlor, sulfentrazone, and thiodicarb, and a tolerance exemption for d-limonene. Also, EPA is proposing to modify certain tolerances for aluminum tris (O-ethylphosphonate) and cyromazine, and to establish new tolerances for aluminum tris (O- ethylphosphonate), cyromazine, dichlobenil, isoxaben, and sulfentrazone, and new tolerance exemptions for d-limonene and tartrazine. In addition, EPA is proposing to revise the tolerance expressions for p-chlorophenoxyacetic acid and dichlobenil, remove expired tolerances for disulfoton, correct the listing of a tolerance for thiacloprid, and correct the listing of significant figures for certain existing tolerances of specific pesticide active ingredients.

In this action, the Environmental Protection Agency (EPA) proposes editorial and technical revisions to the EPA's Method 202Dry Impinger Method for Determining Condensable Particulate Emissions from Stationary Sources to improve the consistency in results achieved across the testing community.

This regulation amends an exemption from the requirement of a tolerance for residues of [alpha]-alkyl-[omega]- hydroxypoly(oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain contains a minimum of six carbons, and a minimum number average molecular weight (in amu) 1,100 (herein referred to as ``AAAs'' (alkyl alcohol alkoxylates)) to include Poly(oxy-1,2-ethanediyl), [alpha]-isooctyl-[omega]-hydroxy (CAS Reg. No. 61723-78-2) when used as an inert ingredient (surfactant, related adjuvants of surfactants) in pesticide formulations. The Spring Trading Company on behalf of Sasol Chemicals (USA) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an amendment to an existing exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of poly(oxy-1,2-ethanediyl), [alpha]-isooctyl-[omega]-hydroxy.

EPA is required under the Toxic Substances Control Act (TSCA) to publish in the Federal Register a notice of receipt of a premanufacture notice (PMN); an application for a test marketing exemption (TME), both pending and/or expired; and a periodic status report on any new chemicals under EPA review and the receipt of notices of commencement (NOC) to manufacture those chemicals. This document covers the period from May 1, 2017 to May 31, 2017.