Environmental Protection Agency March 2019 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA or Agency) is planning to submit an information collection request (ICR), Recordkeeping and ReportingSolid Waste Disposal Facilities and Practices, (EPA ICR No. 1381.12, OMB Control No. 2050-0122) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). 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 existing ICR, which is currently approved through August 19, 2019. A person is not required to respond to, nor an Agency may conduct or sponsor a collection of information, unless it displays a currently valid OMB control number.

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 III., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

On October 3, 2018, the Environmental Protection Agency (EPA) published a notice of proposed rulemaking (NPRM) to approve a revision to the State of Oklahoma hazardous waste program under the Resource Conservation and Recovery Act (RCRA) and provided for a thirty-day public comment period. The public comment period closed on November 2, 2018 and EPA received five comments. Two of the comments were irrelevant to the proposed rulemaking. EPA received written adverse comments from three sources not to grant the State of Oklahoma the authorized program. The EPA has reviewed and analyzed the concerns raised by the commenters, and now issues this final rule. After consideration of these concerns, EPA is confirming that the program revisions to the State of Oklahoma hazardous waste program satisfy all requirements needed to qualify for final authorization. No further opportunity for comment will be provided.

The Robintech, Inc./National Pipe Co. Superfund site (Site), located in the Town of Vestal, New York, includes an approximately 12.7-acre parcel of property (hereinafter, ``Property'') and areas affected by the release or threat of release of hazardous substances to the west of the Property (hereinafter, ``Off-Property''). This direct final partial deletion is being published by the Environmental Protection Agency (EPA), with the concurrence of the New York State Department of Environmental Conservation (NYSDEC). Because no further response actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), other than groundwater monitoring, periodic IC verification, and five-year reviews, as well as O&M activities, as necessary, are needed for the Property's overburden soil, overburden groundwater, and an approximately 9.7-acre portion of the bedrock aquifer underlying the Property (hereinafter, collectively referred to as ``Proposed Deleted Portion of the Property''), EPA is issuing this Notice of Partial Deletion (NOPD) of this Site area from the National Priorities List (NPL) and requests public comments on this proposed action. However, this partial deletion does not preclude future actions under Superfund. The overburden and bedrock aquifers in the Off-Property area, and the remaining portion of the bedrock aquifer underlying the Property, will remain on the NPL and are not part of this deletion action.

The United States Environmental Protection Agency's (EPA's) Office of Enforcement and Compliance Assurance (OECA) plans to authorize various contractors to access information that will be submitted to EPA under the Clean Air Act (CAA) Titles I and II and the Act to Prevent Pollution from Ships (APPS) that may be claimed as, or may be determined to be, confidential business information (CBI).

EPA is required under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to make information publicly available and to publish information in the Federal Register pertaining to submissions under TSCA section 5, including notice of receipt of a Premanufacture Notice (PMN), Significant New Use Notice (SNUN) or Microbial Commercial Activity Notice (MCAN), including an amended notice or test information; an exemption application (Biotech exemption); an application for a Test Marketing Exemption (TME), both pending and/or concluded; a Notice of Commencement (NOC) of manufacture (including import) for new chemical substances; and a periodic status report on new chemical substances that are currently under EPA review or have recently concluded review. This document covers the period from August 1, 2018 to August 31, 2018. This document also makes corrections to previously published Certain New Chemical Substances; Receipt and Status Information documents.

The Environmental Protection Agency (EPA) is approving an Arizona state implementation plan (SIP) revision for attaining the 2010 1-hour sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS or ``standard'') for the Miami, Arizona SO2 nonattainment area (NAA). This SIP revision (hereinafter called the ``Miami SO2 Plan'' or ``Plan'') includes Arizona's attainment demonstration and other elements required under the Clean Air Act (CAA or ``Act''). In addition to an attainment demonstration, the Plan addresses the requirements for meeting reasonable further progress toward attainment of the NAAQS, reasonably available control measures and reasonably available control technology, base-year and projected emission inventories, enforceable emissions limitations and control measures, and contingency measures. The EPA concludes that the Plan provides for attainment of the 2010 1-hour primary SO2 NAAQS in the Miami SO2 NAA by the attainment date of October 4, 2018, and meets the other applicable requirements under the CAA.

The Environmental Protection Agency (EPA) is approving elements of the State Implementation Plan (SIP) submission from Michigan regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action pertains specifically to infrastructure requirements concerning interstate transport provisions.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment & Conservation (TDEC), through a letter dated May 14, 2018, for the purpose of addressing the Clean Air Act (CAA or Act) ``good neighbor'' interstate transport (prongs 1 and 2) infrastructure SIP requirements for the 2010 1-hour Nitrogen Dioxide (NO2) 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, commonly referred to as an ``infrastructure SIP.'' Specifically, EPA is proposing to approve Tennessee's May 14, 2018, SIP revision addressing prongs 1 and 2 to ensure that air emissions in the State do not significantly contribute to nonattainment or interfere with maintenance of the 2010 1-hour NO2 NAAQS in any other state.

The Environmental Protection Agency (EPA) is proposing to approve portions of a revision to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina through the North Carolina Department of Environmental Quality (formerly the North Carolina Department of Environment and Natural Resources (NCDENR)), Division of Air Quality, on January 31, 2008. The revision includes changes to emission control standards and open burning regulations. The changes are part of North Carolina's strategy to meet and maintain the national ambient air quality standards (NAAQS). This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

This regulation establishes tolerances for residues of S- metolachlor 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).

Pursuant to the Federal Advisory Committee Act, notice is hereby given that the Mobile Sources Technical Review Subcommittee (MSTRS) will meet on April 2, 2019. The MSTRS is a subcommittee under the Clean Air Act Advisory Committee. This is an open meeting. The meeting will include discussion of current topics and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. The preliminary agenda for the meeting and any notices about change in venue will be posted on the Subcommittee's website: https://www2.epa.gov/caaac/mobile-sources-technical-review-sub committee- mstrs-caaac. MSTRS listserv subscribers will receive notification when the agenda is available on the Subcommittee website. To subscribe to the MSTRS listserv, send an email to mccubbin.courtney@epa.gov.

The Environmental Protection Agency (EPA) issued an advance notice of proposed rulemaking (ANPRM) in the Federal Register on December 26, 2018, to solicit comment on potential revisions to the criteria for municipal solid waste landfills and associated issues related to advances in liquids management. This ANPRM, entitled ``Revisions to the Criteria for Municipal Solid Waste Landfills to Address Advances in Liquids Management,'' provided for a 90-day public comment period ending on March 26, 2019. The EPA received a number of requests from public interest groups for additional time to review the ANPRM and to develop and submit comments. This ANPRM extends the comment period for 45 days, from March 26, 2019, to May 10, 2019.

Pursuant to the Federal Advisory Committee Act the U.S. Environmental Protection Agency, Office of Research and Development (ORD), gives notice of a meeting of the Board of Scientific Counselors (BOSC) Chemical Safety for Sustainability Subcommittee.

In accordance with the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to redesignate the Lake County sulfur dioxide (SO2) nonattainment area from nonattainment to attainment. EPA is also proposing to approve Ohio's maintenance plan, which Ohio submitted on April 9, 2018. EPA has approved Ohio's State Implementation Plan (SIP) for Lake County, and the air quality in the area is meeting the SO2 standard.

The Environmental Protection Agency (EPA) is approving revisions to Ohio air permitting rules at Ohio Administrative Code (OAC) 3745-31 into the State Implementation Plan (SIP) under the Clean Air Act (CAA). These revisions represent minor changes to the air permitting rules the Ohio Environmental Protection Agency (OEPA) adopted on April 21, 2016, which became effective at the state level on May 1, 2016.

Due to unforeseen delays resulting from the lapse in appropriations for the Environmental Protection Agency (EPA), the EPA's final approvals concerning revisions to North Dakota's environmental protection programs that have the effect of transferring authority from the North Dakota Department of Health (NDDH) to the newly-created North Dakota Department of Environmental Quality (NDDEQ) are delayed until April 30, 2019. This action delays the effective dates of the four relevant rules, published in the Federal Register between December 19, 2018 and February 11, 2019.

On February 4, 2019, the Environmental Protection Agency (EPA) published a document in the Federal Register to announce its proposed National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production Residual Risk and Technology Review. The document also requested public comment on the proposed action. The EPA is announcing that it will hold a public hearing to provide interested parties the opportunity to present data, views, or arguments concerning the proposed action. In addition, the EPA will extend the public comment period.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is given of a proposed consent decree in Our Children's Earth Foundation v. Wheeler, No. 18-cv-04765 (N.D. Cal.). On August 7, 2018, Our Children's Earth Foundation filed a complaint in the United States District Court for the Northern District of California, alleging that the Administrator of the United States Environmental Protection Agency (``EPA'') failed to perform non- discretionary duties to review the existing New Source Performance Standards (``NSPS'') governing Bulk Gasoline Terminals (``Bulk Gasoline NSPS'') and Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels in Steel Plants (``Furnaces NSPS''), and to review the existing National Emissions Standards for Hazardous Air Pollutants (``NESHAP'') governing Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations) (``Major Source Bulk Gasoline NESHAP''); Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities (``Area Source Bulk Gasoline NESHAP''); Iron and Steel Foundries Area Sources (``Foundries NESHAP''); and Wood Preserving Area Sources (``Wood Preserving NESHAP''). The proposed consent decree would establish deadlines for EPA to take action on these source categories.

The Environmental Protection Agency (EPA) is proposing to approve two state implementation plan (SIP) revisions submitted by the District of Columbia (the District). Under the Clean Air Act (CAA), states' SIPs must require stationary sources in ozone nonattainment areas classified as marginal or above to report annual emissions of nitrogen oxides (NOX) and volatile organic compounds (VOC). This emissions statement requirement also applies to stationary sources located in attainment areas within the Ozone Transport Region (OTR) that emit or have the potential to emit at least 50 tons per year (tpy) of VOC or 100 tpy of NOX. The District formally submitted as a SIP revision, a statement certifying that the District's existing SIP-approved emissions statements program satisfies these CAA requirements for the 2008 ozone National Ambient Air Quality Standards (NAAQS). Upon review of the District's submittal, EPA noted minor discrepancies between the District's SIP-approved provisions, including the provision containing the District's emissions statements requirements, and the current edition of the District of Columbia Municipal Regulations (DCMR) referenced in the District's submittal. Therefore, to correct these minor discrepancies and update the District's SIP, the District also formally submitted a revised edition of the sections of the DCMR which address the discrepancies. EPA is proposing to approve the District's SIP with the current edition of these SIP-approved provisions. EPA is also proposing to approve the District's emissions statements program certification for the 2008 ozone NAAQS. EPA is proposing to approve these SIP revisions in accordance with the requirements of the CAA.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

This document announces that the EPA Regional Administrator for Region 8 has revised the EPA's December 6, 2013 approval of an application submitted by the Northern Arapaho Tribe and Eastern Shoshone Tribe (Tribes) of the Wind River Indian Reservation for treatment in a similar manner as a state (TAS) pursuant to the Clean Air Act and the EPA's implementing regulations for purposes of certain Clean Air Act provisions. This revision is in accordance with a decision of the United States Court of Appeals for the Tenth Circuit holding that a 1905 Congressional Act diminished the Wind River Indian Reservation.

The Environmental Protection Agency (EPA) is notifying the public that the Allegheny County Health Department (ACHD) has completed the regulatory process for voluntary withdrawal from EPA's delegation of authority to enforce the chemical accident prevention regulations under the Clean Air Act (CAA). The EPA is therefore amending the Code of Federal Regulations (CFR) to indicate that ACHD no longer has the delegated authority to implement and enforce the regulatory requirements. EPA is also notifying the public that each facility subject to the previously approved ACHD delegated chemical accident prevention program is required to maintain continuous compliance with applicable requirements. This action is being taken under the CAA.

The Environmental Protection Agency (EPA) is proposing to approve changes to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet), through a letter dated March 15, 2018. The proposed SIP revision was submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District) and makes minor ministerial amendments to regulations regarding new and existing process operations.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Petroleum Dry Cleaners (EPA ICR Number 0997.12, OMB Control Number 2060-0079), 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 March 31, 2019. Public comments were previously requested, via the Federal Register, on June 29, 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 neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.