Environmental Protection Agency 2017 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to approve revisions to the San Diego County Air Pollution Control District (SDCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from polyester resin operations. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or ``the Act''), as well as a rule rescission. We are taking comments on this proposal and plan to follow with a final action.

In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act (NEPA), the Federal and State natural resource trustee agencies for the Louisiana Trustee Implementation Group (Louisiana TIG) have prepared a Draft Restoration Plan and Environmental Assessment #2: Provide and Enhance Recreational Opportunities (RP/EA). The Draft RP/EA describes and proposes restoration project alternatives considered by the Louisiana TIG to compensate for recreational use services lost as a result of the Deepwater Horizon oil spill. The Louisiana TIG evaluated these alternatives under criteria set forth in the OPA natural resource damage assessment (NRDA) regulations, and also evaluated the environmental consequences of the restoration alternatives in accordance with NEPA. The proposed projects are consistent with the restoration alternatives selected in the Deepwater Horizon oil spill Final Programmatic Damage Assessment and Restoration Plan/Programmatic Environmental Impact Statement (PDARP/PEIS). The purpose of this notice is to inform the public of the availability of the Draft RP/EA and to seek public comments on the document.

EPA is providing notice to the public that it has initiated a rulemaking process to revise the minimum age requirements in the Certification of Pesticide Applicators rule. EPA expects to publish a Notice of Proposed Rulemaking in FY 2018 to solicit public input on these proposed revisions to the rule. EPA is also announcing that the implementation dates in the January 4, 2017 Federal Register (82 FR 952) (FRL-9956-70); for certifying authorities to submit revised certification plans, and for EPA to act on those plans remain in effect; EPA has no plans to change those implementation dates.

This regulation establishes an exemption from the requirement of a tolerance for residues of amines, coco alkyl, ethoxylated, compds. with acrylic acid-Bu acrylate-methylstyrene-styrene polymer, ammonium salts (CAS Reg. No. 1186094-73-4) also known as amine salt of styrene acrylic polymer, ammonium salt when used as an inert ingredient in a pesticide chemical formulation. BASF Corp. 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 amines, coco alkyl, ethoxylated, compds. with acrylic acid- Bu acrylate-methylstyrene-styrene polymer, ammonium salts on food or feed commodities.

The Environmental Protection Agency (EPA) is taking final action 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 approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) is proposing to approve several different revisions to the State Implementation Plan (SIP) submitted to EPA by the Vermont Department of Environmental Conservation (VT DEC). On May 23, 2017, Vermont submitted revisions to EPA satisfying the VT DEC's earlier commitment to adopt and submit revisions that meet certain requirements of the federal Prevention of Significant Deterioration (PSD) air permit program. Vermont's submission also included revisions relating to the federal nonattainment new source review (NNSR) permit program. This action proposes to approve those revisions and also proposes to fully approve certain of Vermont's infrastructure SIPs (ISIPs), which were conditionally approved by EPA on June 27, 2017. Additionally, EPA is proposing to approve several other minor regulatory changes to the SIP submitted by VT DEC on May 23, 2017. This action is being taken in accordance with the Clean Air Act.

The Agency is issuing this notice to announce the opportunity to provide additional nominations for experts to serve as ad hoc members for the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) reviewing physiologically-based pharmacokinetic (PBPK) modeling to address pharmacokinetic differences between and within species on six selected pesticidal active ingredients. This meeting of the FIFRA SAP, originally scheduled for October 24-27, 2017, has been postponed until 2018. New dates for this meeting will be announced in a separate notice.

On November 28, 2016, the Alabama Department of Environmental Management (ADEM) submitted a final solid waste Financial Assurance Program Approval Application to the Environmental Protection Agency (EPA) seeking a Determination of Adequacy for its solid waste financial assurance regulations. ADEM supplemented this application on January 4 and 5, 2017. Subject to review and comment, this document approves ADEM's application and grants a Determination of Adequacy for Alabama's municipal solid waste landfill (MSWLF) financial assurance program.

This notice announces the availability of EPA's draft human health and ecological risk assessments for the registration review of abamectin, buprofezin, chlorpropham, emamectin benzoate, fludioxonil, fluopicolide, fluridone, methiocarb, norflurazon, oryzalin, PBO (piperonyl buotoxide), pyriproxyfen, and quinoxyfen. This notice also announces the availability of EPA's draft human health risk assessments for the registration review of 2,4-D, bifenthrin, and cyfluthrins.

The Environmental Protection Agency (EPA) is providing notice of the availability of preliminary lists of units eligible for second- round allocations of emission allowances for the 2017 control periods from the new unit set-asides (NUSAs) established under the Cross-State Air Pollution Rule (CSAPR). EPA has posted spreadsheets containing the lists on EPA's website. EPA will consider timely objections to the lists before determining the amounts of the second-round allocations.

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.

The Environmental Protection Agency (EPA) is taking final rulemaking action to approve, as part of the State Implementation Plan (SIP) for the State of Arizona, the second 10-year maintenance plan for the San Manuel area for the 1971 National Ambient Air Quality Standards (``standards'') for sulfur dioxide (SO2).

The Environmental Protection Agency (EPA or ``Agency'') is taking final action to determine that the deficiency that formed the basis for a disapproval of the contingency measures submitted for the San Joaquin Valley nonattainment area for the 1997 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) has been corrected. The effect of this action is to permanently stop the sanctions clocks triggered by the disapproval.

The Environmental Protection Agency (EPA) is taking final action finding that Washington State failed to submit an infrastructure State Implementation Plan (SIP) to satisfy certain interstate transport requirements of the Clean Air Act (CAA) with respect to the 2012 annual fine particles (PM2.5) national ambient air quality standard (NAAQS). Specifically, these requirements pertain to significant contribution to nonattainment, or interference with maintenance, of the 2012 annual PM2.5 NAAQS in other states. This finding of failure to submit establishes a 2-year deadline for the EPA to promulgate a Federal Implementation Plan (FIP) to address the interstate transport SIP requirements pertaining to significant contribution to nonattainment and interference with maintenance unless, prior to the EPA promulgating a FIP, the state submits, and the EPA approves, a SIP that meets these requirements.

Notice is hereby given of the membership of the U.S. Environmental Protection Agency (EPA) Performance Review Board for 2017.

EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): ``Safer Choice Product Recognition Program'' and identified by EPA ICR No. 2302.03 and OMB Control No. 2070-0178. The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized in this document. EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register on March 8, 2016 (81 FR 12097). With this submission, EPA is providing an additional 30 days for public review.

EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): ``Compliance Requirement for Child-Resistant Packaging'' and identified by EPA ICR No. 0616.12 and OMB Control No. 2070-0052. The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized in this document. EPA has addressed the comments received in response to the previously provided public review opportunity issued in the Federal Register on November 29, 2016 (81 FR 85951). With this submission, EPA is providing an additional 30 days for public review.

Due to receipt of adverse comment, the Environmental Protection Agency (EPA) is withdrawing the direct final rule published on Tuesday, October 24, 2017 to approve revisions to the Pennsylvania state implementation plan (SIP) pertaining to the addition of new regulations to address the requirement to adopt reasonably available control technology (RACT) for sources covered by EPA's control techniques guidelines (CTG) for automobile and light-duty truck assembly coatings.

The Environmental Protection Agency (EPA) is conditionally approving 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) related to control of volatile organic compounds (VOCs) from industrial cleaning solvents. The EPA is approving New York's Ozone Transport Region RACT SIP as it applies to non-control technique guideline major sources of VOCs and major sources of oxides of nitrogen. The EPA is also approving the State of New York's state-wide non-attainment new source review certification as sufficient for purposes of satisfying the 2008 8-hour ozone NAAQS. The EPA is approving New York's certification that there are no sources within the State for the following CTGs: Manufacture of Vegetable Oils and Application of Agricultural Pesticides. This action is being taken in accordance with the requirements of the Clean Air Act.

The Environmental Protection Agency (EPA) is required to conduct periodic reviews of certain aspects of the Renewable Fuel Standard (RFS) program under the Clean Air Act. This Notification of Availability (NOA) announces the availability of a document titled ``Periodic Reviews for the Renewable Fuel Standard Program.'' The document describes EPA's interpretation of the statutory requirement to conduct periodic reviews, and prior actions that EPA has taken to fulfill its obligations to conduct such reviews.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: ``Experimental Use Permits (EUPs) for Pesticides,'' and identified by EPA ICR No. 0276.16 and OMB Control No. 2070-0040, represents the renewal of an existing ICR that is scheduled to expire on August 31, 2018. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

The EPA Administrator signed an order, dated October 16, 2017, denying the petition submitted by the Sierra Club (Petitioner) objecting to the proposed Clean Air Act (CAA) title V operating permit issued to PacifiCorp Energy. The Order responds to the April 11, 2016 petition objecting to the proposed title V operating permit #1500101002 (Hunter Permit) issued by the Utah Department of Environmental Quality, Division of Air Quality (UDAQ) for the Hunter Power Plant in Castle Dale, Emery County, Utah. The Order constitutes a final action on the petition.

The U.S. Environmental Protection Agency (EPA) is taking final action to find that three states have failed to submit timely revisions to their state implementation plans (SIPs) as required to satisfy certain requirements under the Clean Air Act (CAA) for implementation of the 2008 ozone National Ambient Air Quality Standards (2008 ozone NAAQS). These findings of failure to submit apply to states with overdue SIP revisions (or attainment plans) for nonattainment areas reclassified from ``Marginal'' to ``Moderate'' in May 2016 because the areas failed to attain the 2008 ozone NAAQS by the Marginal area attainment date of July 20, 2015. The SIP revisions to address all applicable Moderate area attainment plan requirements for these areas were due on January 1, 2017. This action requires the affected states to timely submit a SIP revision consistent with the requirements of the CAA and the EPA regulations. If a state fails to make the required timely SIP submittal, or if a submitted SIP is incomplete, the CAA requires the imposition of sanctions for the affected area(s). In addition, the EPA is obligated to promulgate a federal implementation plan (FIP) to address any outstanding SIP requirements if a state does not submit, and the EPA does not approve, a state's submittal within 24 months of the effective date of these findings.

The U.S. Environmental Protection Agency (EPA) is taking direct final action to modify the use conditions required for use of three flammable refrigerants, isobutane (R-600a), propane (R-290), and R-441A, in new household refrigerators, freezers, and combination refrigerators and freezers under the Significant New Alternatives Policy (SNAP) program. The use conditions, which address safe use of flammable refrigerants, are being revised to reflect the incorporation by reference of an updated standard from Underwriters Laboratories.

The Environmental Protection Agency (EPA) is proposing to amend the federal regulations to withdraw certain human health (water and organisms) water quality criteria and certain freshwater acute and chronic aquatic life water quality criteria, applicable to certain waters of California because California adopted, and EPA approved, criteria for these parameters that are considered protective of the uses for the waterbodies. The EPA is providing an opportunity for public comment to this proposed withdrawal of certain federally promulgated criteria. The withdrawal will enable California to implement their EPA-approved water quality criteria.