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

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA or Agency) is proposing to approve a revision to the Texas State Implementation Plan (SIP). The EPA is proposing to determine that the Houston-Galveston-Brazoria (HGB) area is continuing to attain the 1979 1-hour and 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or standard) and has met the CAA criteria for redesignation. Therefore, the EPA is proposing to terminate all anti-backsliding obligations for the HGB area for the 1- hour and 1997 ozone NAAQS. The EPA is also proposing to approve the plan for maintaining the 1-hour and 1997 ozone NAAQS through 2032 in the HGB area. The EPA is also proposing to approve the Severe Ozone Nonattainment Area Failure to Attain Fee SIP revision to address section 185 of the CAA for the 1-hour ozone NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for the Flint Hills Resources, LLC Pine Bend Refinery (FHR) as submitted on October 23, 2018. The proposed SIP revision pertains to the shutdown and replacement of certain equipment at the refinery as well as amendments to certain emission limits, resulting in an overall decrease of SO2 emissions from FHR.

In response to public requests for an extension of the comment period, EPA is extending the comment period for the draft guidance document that was released for public comment in the Federal Register of March 27, 2019, for an additional 60 days.

This regulation amends tolerances for residues of glufosinate ammonium in or on Olive; Fruit, Stone (crop group 12-12); Nuts, Tree (crop group 14-12) and Soybean Hulls.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds seven sites to the General Superfund section of the NPL and changes the name of an NPL site.

The Environmental Protection Agency (EPA) is proposing to approve a request from Georgia for EPA to relax the federal Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year for the following Georgia counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale (the ``Atlanta RVP Area''). Specifically, EPA is proposing to amend the regulations to allow the RVP standard for the Atlanta RVP Area to change from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. EPA has preliminarily determined that this change to the federal RVP regulation is consistent with the applicable provisions of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is finalizing three amendments to the existing National Oil and Natural Gas Federal Implementation Plan (National O&NG FIP). This final rule applies to new true minor sources and minor modifications at existing true minor sources in the oil and natural gas production and natural gas processing segments of the oil and natural gas sector that are locating or expanding in Indian reservations or in other areas of Indian country over which an Indian tribe, or the EPA, has demonstrated a tribe's jurisdiction. The National O&NG FIP, which includes a mechanism for authorizing construction of true minor new and modified oil and natural gas sources, satisfies the minor source permitting requirement under the Federal Minor New Source Review (NSR) Program in Indian Country (Federal Indian Country Minor NSR rule). We are finalizing two amendments to apply the National O&NG FIP to the Indian country portion of the Uinta Basin Ozone Nonattainment Area. The purpose of these two amendments is make available the streamlined authorization to construct process provided by the National O&NG FIP to the Uintah and Ouray Reservation (U&O Reservation) as part of the Uinta Basin Ozone Nonattainment Area. We are also finalizing a minor technical correction to fix a typographical error in a provision of the National O&NG FIP.

The Environmental Protection Agency (EPA), Region IX is issuing a general permit for use in Indian country within California pursuant to the Clean Air Act (CAA) Federal Indian Country Minor New Source Review (NSR) program for new and modified minor sources. The general permit is for a single source category, gasoline dispensing facilities (GDFs), and will be available in certain areas of Indian country that are within the geographical boundaries of California. This includes areas located in an Indian reservation or in another area of Indian country over which an Indian tribe, or the EPA, has demonstrated that the tribe has jurisdiction and where there is no EPA-approved minor NSR program in place. The EPA is finalizing this general permit as a streamlined option that owners or operators may elect to use for the CAA minor NSR preconstruction permitting of certain minor sources that construct or modify in Indian country and belong to the GDF source category.

This notice announces EPA's order for the cancellations and amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1, Table 1A and Table 2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a March 5, 2019 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II to voluntarily cancel and amend to terminate uses of these product registrations. In the March 5, 2019 notice, EPA indicated that it would issue an order implementing the cancellations and amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received two comments on the notice, to remove their registrations from the cancellation order notice. The registrants for 4959-16, 4959-36 and 33753-31, requested via letter to withdraw their registrations from this notice. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and amendments to terminate uses. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

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) is soliciting public comment on its policy of Enhancing Planning and Communication Between the EPA and States in Civil Enforcement and Compliance Assurance Work. The draft Policy is available for review at https://www.epa.gov/sites/ production/files/2019-04/documents/guidance- enhancingregionalstatecommunicationoncompliance-190422.pdf.

The Environmental Protection Agency (EPA) will convene the Hazardous Waste Electronic System (``e-Manifest'') Advisory Board for a three (3) day public meeting to seek the Board's consultation and recommendations regarding the e-Manifest system (Meeting Theme: ``Increasing Adoption of the e-Manifest System'').

The Environmental Protection Agency (EPA) is proposing to approve two state implementation plan (SIP) revisions submitted by the State of California addressing the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) and one SIP revision regarding a permit rule. These SIP revisions address the Antelope Valley Air Quality Management District (AVAQMD or District) and Ventura County Air Pollution Control District (VCAPCD or District) portions of the California SIP. This action is being taken pursuant to the Clean Air Act (CAA or ``Act'') and its implementing regulations.

The Environmental Protection Agency (EPA) Region 9 announces the deletion of the soil portion of the Beckman Instruments Superfund Site (Site) located in Porterville, California, 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). This partial deletion pertains to the soil portion of the Site. The groundwater will remain on the NPL and is not being considered for deletion as part of this action. EPA and the State of California, through the Department of Toxic Substances Control, have determined that all appropriate response actions under CERCLA have been completed. However, the deletion of the soil portion of the Site does not preclude future actions under Superfund.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Recordkeeping for Institutional Dual Use Research of Concern (iDURC) Policy Compliance'' (EPA ICR No. 2530.03, OMB Control No. 2080-0082) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act 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 ICR, which is currently approved through January 1, 2020. 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.

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.

EPA is announcing the rescheduled meeting dates for the 4-day meeting of the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals (SACC) that had been previously scheduled for January to consider and review the draft Risk Evaluation for Colour Index (C. I.) Pigment Violet 29 (PV29) and associated documents. This in-person meeting will also include a general TSCA orientation for the TSCA SACC. A portion of the in-person meeting will be closed to the public for the committee's discussion of information claimed as confidential business information (CBI). As previously announced in April, the public is invited to comment on the draft risk evaluation for PV29 and related documents, including the draft charge questions, in advance of and during this peer review meeting. The TSCA SACC will consider these comments during their discussions.

The Environmental Protection Agency (EPA) is taking action on a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania (Pennsylvania). This revision consists of regulatory amendments intended to meet certain reasonably available control technology (RACT) requirements under the 1997 and 2008 8-hour ozone national ambient air quality standards (NAAQS). EPA is approving most parts of the Pennsylvania SIP revision as meeting RACT requirements under the Clean Air Act (CAA), while conditionally approving certain provisions, based upon Pennsylvania's commitment to submit additional enforceable measures that meet RACT. This action is being taken in accordance with the requirements of the CAA.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Calaveras County Air Pollution Control District (CCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns reporting of emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NOX) in nonattainment areas. We are proposing to approve a local rule to require submittal of emissions statements under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

EPA has received specific exemption requests from the Virginia Department of Agriculture and Consumer Services (VDACS) to use the insecticide dinotefuran (CAS No. 165252-70-0) to treat up to 29,000 acres of pome fruits and stone fruits to control the brown marmorated stinkbug. The applicant proposes uses which are supported by the Interregional Research Project Number 4 (IR-4) and have been requested in 5 or more previous years, and petitions for tolerances have not yet been submitted to the Agency. Therefore, EPA is soliciting public comment before making the decision whether to grant the exemptions.

This regulation establishes tolerances for residues of the insecticide cyflumetofen in or on tea, dried. OAT Agrio. Ltd., Tokyo, Japan c/o Landis International, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This document provides the reasons for EPA's response to a January 31, 2019, petition it received under section 21 of the Toxic Substances Control Act (TSCA) from the Attorneys General of Massachusetts, California, Connecticut, Hawaii, Maine, Maryland, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia (``petitioners''). Generally, the petitioners requested that EPA initiate a rulemaking proceeding under TSCA section 8(a) for the reporting of the manufacture (including import) and processing of asbestos. After careful consideration, EPA denied the petition for the reasons discussed in this document.

On November 14, 2018, the Environmental Protection Agency (EPA) proposed several actions related to the attainment date for 11 areas classified as ``Moderate'' for the 2008 ozone National Ambient Air Quality Standards (NAAQS), including proposing to determine that the Baltimore, Maryland nonattainment area (Baltimore Area) attained the standard by the July 20, 2018 attainment date. Under the statute, EPA must determine whether ozone nonattainment areas attained the NAAQS by the attainment date, and, within six months of the attainment date, publish a document in the Federal Register identifying each area that is determined as having failed to attain and identifying the reclassification. EPA is re-opening the comment period for the proposed rule published on November 14, 2018, but only with respect to EPA's proposed determination for the Baltimore Area, because EPA erroneously omitted documents related to the State of Maryland's exceptional events (EE) demonstration related to the 2016 Canadian wildfires, and in the proposal did not mention EPA's concurrence on certain Maryland EE claims that impacted the air quality data that EPA relied on in its proposed determination that the Baltimore Area attained by its 2008 Moderate Area attainment date. This supplemental proposed rule corrects this omission and provides notice of the availability of the documents supporting EPA's analysis.

The Environmental Protection Agency (EPA) is planning to submit the below listed information collection requests (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. These are proposed extensions of 41 currently approved ICRs. 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.

EPA is seeking public comment on a September 27, 2018 petition from the Environmental Working Group (EWG), Ben & Jerry's Homemade, Inc., Happy Family Organics, MegaFood, MOM's Organic Market, National Co+op Grocers, Nature's Path Foods Inc., One Degree Organic Foods USA, Inc., and Stonyfield Farms, Inc. requesting that the agency reduce the tolerance of the pesticide glyphosate in or on oats and require glyphosate-containing product labels to explicitly prohibit preharvest use on oats. The petitioners have submitted this petition under the Federal Food, Drug, and Cosmetic Act (FFDCA) and the Administrative Procedure Act (APA) and as comments for consideration during the registration review of glyphosate under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).