Environmental Protection Agency February 2018 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is approving a source-specific revision to the New York State Implementation Plan (SIP). The SIP revision establishes Best Available Retrofit Technology (BART) emission limits for sulfur dioxide that are identical to those set by the EPA's Federal Implementation Plan (FIP) for the Roseton Generating Station, Units 1 and 2, which was promulgated in an action taken on August 28, 2012. The EPA finds that the SIP revision fulfills the requirements of the Clean Air Act and the EPA's Regional Haze Rule for Roseton Units 1 and 2. In conjunction with this approval, the EPA is withdrawing the FIP that addresses BART for Roseton Units 1 and 2.

The Environmental Protection Agency (EPA) is announcing that a public hearing will be held on the EPA's proposed response to a June 1, 2016, petition submitted by the state of Connecticut pursuant to section 126 of the Clean Air Act (CAA). The petition requests that the EPA make a finding that the Brunner Island Steam Electric Station located in York County, Pennsylvania, emits air pollution in amounts that significantly contribute to nonattainment or interfere with maintenance of the 2008 ozone national ambient air quality standard (NAAQS) in Connecticut. The hearing will be held on February 23, 2018, in Washington, DC. The EPA will issue its proposed response in the near future.

Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is proposing to approve portions of three Texas State Implementation Plan (SIP) submittals pertaining to CAA requirements to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 1997 and 2006 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) in other states.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Arkansas to address the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or Act) for the 2006 and 2012 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS), 2008 lead (Pb) NAAQS, 2008 ozone (O3) NAAQS, 2010 nitrogen dioxide (NO2) NAAQS, and the 2010 sulfur dioxide (SO2) NAAQS. Under CAA sections 110(a)(1) and 110(a)(2), each state is required to submit a SIP that provides for the implementation, maintenance, and enforcement of a revised primary or secondary NAAQS. CAA sections 110(a)(1) and (2) require each state to make a new SIP submission within three years after EPA promulgates a new or revised NAAQS for approval into the existing federally-approved SIP to assure that the SIP meets the applicable requirements for such new and revised NAAQS. This type of SIP submission is commonly referred to as an ``infrastructure SIP or ``i-SIP.''

The Environmental Protection Agency is planning to submit an information collection request (ICR), Recordkeeping Requirements for Producers, Registrants and Applicants of Pesticides and Pesticide Devices under Section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (EPA ICR No. 0143.13, OMB Control No. 2070- 0028) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through September 30, 2018. 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 proposing to update a portion of the Outer Continental Shelf (OCS) Air Regulations applying to OCS sources located within 25 miles of states' seaward boundaries which must be promulgated into the regulations and updated periodically to remain consistent with the requirements on the corresponding onshore area (COA), which is typically the state geographically closest to the OCS source. The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the State of New Jersey is the COA. The intended effect of approving the OCS requirements for the State of New Jersey is to regulate emissions from OCS sources in accordance with the requirements onshore. The requirements discussed below are proposed to be incorporated by reference into the Code of Federal Regulations and are listed in the appendix to the OCS air regulations.

Under the Federal Advisory Committee Act, EPA gives notice of a public meeting of the he National Advisory Committee (NAC) and the Governmental Advisory Committee (GAC). The NAC and GAC provide advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NAC/GAC members represent academia, business/industry, non-governmental organizations, and state, local and tribal governments. The purpose of the meeting is for the NAC/GAC to provide advice on trade and environment issues related to the North American Agreement on Environmental Cooperation. A copy of the meeting agenda will be posted at https://www.epa.gov/faca/nac-gac.

The Environmental Protection Agency (EPA) is proposing to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act. The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which Massachusetts is the designated COA. The intended effect of approving the OCS requirements for the Massachusetts Department of Environmental Protection is to regulate emissions from OCS sources in accordance with the requirements for onshore sources. The Commonwealth of Massachusetts' requirements discussed in this document are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.

The Environmental Protection Agency (EPA) is approving the Reasonably Available Control Measures/Reasonably Available Control Technology (RACM/RACT) and Reasonable Further Progress (RFP) elements of California's Moderate area plan for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS or ``standards'') in the Los AngelesSouth Coast nonattainment area. The EPA is also finalizing a determination that the State has corrected the deficiency that formed the basis for the EPA's prior partial disapproval of the Moderate area plan submitted for these NAAQS with respect to the RACM/RACT and RFP elements. Today's action terminates the sanctions clocks triggered by the partial disapproval of the Moderate area plan.

The Environmental Protection Agency (EPA) is taking final action to approve and conditionally approve revisions to the Mojave Desert Air Quality Management District (MDAQMD or ``District'') portion of the California State Implementation Plan (SIP). These revisions concern the District's demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 1997 8-hour ozone and the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standard'') in the portion of the Western Mojave Desert ozone nonattainment area under the jurisdiction of the MDAQMD. The EPA is also taking final action to approve MDAQMD negative declarations into the SIP for the 2008 ozone standard. We are approving and conditionally approving local SIP revisions under the Clean Air Act (CAA or the Act).

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is finalizing an approval of a revision to the Arkansas State Implementation Plan (SIP) submitted by the State of Arkansas through the Arkansas Department of Environmental Quality (ADEQ) that addresses regional haze for the first planning period. ADEQ submitted this revision to address certain requirements of the Clean Air Act (CAA) and the EPA's regional haze rules for the protection of visibility. The EPA is taking final action to approve the State's SIP revision, which addresses nitrogen oxide (NOX) best available retrofit technology (BART) requirements for the Arkansas Electric Cooperative Corporation (AECC) Bailey Plant Unit 1; AECC McClellan Plant Unit 1; the American Electric Power/Southwestern Electric Power Company (AEP/SWEPCO) Flint Creek Plant Boiler No. 1; Entergy Arkansas, Inc. (Entergy) Lake Catherine Plant Unit 4; Entergy White Bluff Plant Units 1 and 2 and the Auxiliary Boiler. The SIP revision also addresses reasonable progress requirements for NOX for the Entergy Independence Plant Units 1 and 2. In conjunction with this final approval, we are finalizing in a separate rulemaking, which is also being published in this Federal Register, our withdrawal of federal implementation plan (FIP) emission limits for NOX that would otherwise apply to these nine units.

This regulation establishes tolerances for residues of cyflufenamid in or on cherry crop subgroup 12-12A, hops dried cones, and fruiting vegetable crop group 8-10; and amends the tolerance for cucurbit vegetable crop group 9. Nisso America, on behalf of Nippon Soda Co., Ltd. requested these tolerances 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 November 1, 2017 to November 30, 2017.

Recent amendments to the Toxic Substances Control Act (TSCA) require EPA to develop a system to assign a ``unique identifier'' whenever it approves a Confidential Business Information (CBI) claim for the specific chemical identity of a chemical substance, to apply this unique identifier to other information concerning the same substance, and to ensure that any nonconfidential information received by the Agency identifies the chemical substance using the unique identifier while the specific chemical identity of the chemical substance is protected from disclosure. EPA previously requested comment on approaches for assigning and applying unique identifiers, and has developed an additional approach on which it now requests comment.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), ``Application for Reference and Equivalent Method Determination (Renewal)'' (EPA ICR No. 0559.13, OMB Control No. 2080-0005) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through February 28, 2018. Public comments were previously requested via the Federal Register on September 6, 2017 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. 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 proposing to approve portions of State Implementation Plan (SIP) revisions submitted by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality, on December 21, 2016 and August 29, 2017, on behalf of the Louisville Metro Air Pollution Control District (District). EPA is proposing to approve the portions of the submittals that modify the District's Ambient Air Quality Standards regulation, as incorporated into the SIP. The revisions to the SIP that EPA is proposing to approve pertain to changes to the District's air quality standards for fine particulate matter (PM2.5) and ozone to reflect the 2012 PM2.5 and 2015 ozone national ambient air quality standards (NAAQS). EPA is proposing to approve these portions of the SIP revisions because the Commonwealth has demonstrated that they are consistent with the Clean Air Act (CAA or Act). EPA will act on the other portions of the December 21, 2016, and August 29, 2017, submittals in a separate action.

EPA is proposing to amend the significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for Oxazolidine, 3,3'-methylenebis[5-methyl-, which was the subject of a premanufacture notice (PMN) and a significant new use notice (SNUN). This action would amend the SNUR to allow certain new uses reported in the SNUN without requiring additional SNUNs and make the lack of certain worker protections a new use. EPA is proposing this amendment based on review of new and existing data as described for the chemical substance. A SNUR requires persons who intend to manufacture (including import) or process this chemical substance for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use would be unable to commence until EPA conducted a review of the notice, made an appropriate determination on the notice, and took such actions as are required with that determination.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submission, submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), on October 24, 2017. This submission addresses the Clean Air Act (CAA or Act) requirements applicable to Alabama state boards or agency personnel with respect to the approval of permits or enforcement orders. The submission also specifically addresses requirements for implementation of the following national ambient air quality standards (NAAQS): 1997, 2006, and 2012 Fine Particulate Matter (PM2.5), 2008 8-hour Ozone, 2008 Lead, 2010 Nitrogen Dioxide (NO2), and 2010 Sulfur Dioxide (SO2). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA. Whenever EPA promulgates a new or revised NAAQS, the CAA requires the state to make a new SIP submission establishing that the existing SIP meets the various applicable requirements, or revising the SIP to meet those requirements. This type of SIP submission is commonly referred to as an ``infrastructure'' SIP. In this proposed action, EPA is proposing to approve the October 24, 2017, submission with respect to: (1) The requirements applicable to state boards of the CAA; and (2) the related state board infrastructure SIP requirements for the 1997, 2006, and 2012 PM2.5, 2008 8-hour Ozone, 2008 Lead, 2010 NO2, and 2010 SO2 NAAQS. In addition, EPA is proposing approval of ADEM's December 9, 2015, infrastructure SIP submission (as supplemented by the October 24, 2017 submission) related to the state board requirements for the 2012 PM2.5 NAAQS. If this proposed approval action is finalized, EPA will no longer be required to promulgate a federal implementation plan (FIP) to address these CAA state board requirements for Alabama, as described in more detail below.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submission from the State of California regarding certain interstate transport requirements of the Clean Air Act (CAA or ``Act''). This submission addresses the 2008 ozone national ambient air quality standards (NAAQS), the 2006 fine particulate matter (PM2.5) and 2012 PM2.5 NAAQS, and the 2010 sulfur dioxide (SO2) NAAQS. The interstate transport requirements under the CAA consist of several elements; this proposal pertains only to significant contribution to nonattainment and interference with maintenance of the NAAQS in other states. We are taking comments on this proposal and plan to follow with a final action.

This regulation establishes tolerances for residues of fomesafen in or on the tuberous and corm vegetable subgroup 1C, the legume vegetable group 6, and the low growing berry subgroup 13-07G (except cranberry). Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is publishing this final rule to revise the formaldehyde standards for composite wood products regulations . The revision updates the incorporation by reference of multiple voluntary consensus standards that have been updated, superseded, or withdrawn, and provides a technical correction to allow panel producers to correlate their approved quality control test method to the ASTM E1333-14 test chamber, or, upon showing equivalence, the ASTM D6007-14 test chamber.

The Environmental Protection Agency (EPA) Region 10 announces the deletion of the Vancouver Water Station #1 Superfund Site (Site) located in Vancouver, Washington, 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). The NPL refers to the Site as the Vancouver Water Station #1 Contamination Superfund Site. The EPA and the State of Washington, through the Department of Ecology, have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.