Tuesday August 2, 2011
Notices
- Adequacy Determination for Colorado Springs, Can˜ on City, Greeley, Pagosa Springs, and Telluride; Carbon Monoxide and PM10 Maintenance Plans’ Motor Vehicle Emissions Budgets for Transportation Conformity Purposes; State of Colorado. [R08–CO–2011–0001; FRL–9447–1]. Notice. In this notice, EPA is
notifying the public that the Agency has found the following State Implementation Plan (SIP) submittals adequate for transportation conformity
purposes: ‘‘Revised Carbon Monoxide Attainment/Maintenance Plan Colorado
Springs Attainment/Maintenance Area’’ and ‘‘Revised Carbon Monoxide Maintenance Plan Greeley Attainment/ Maintenance Area.’’ In addition, EPA is
notifying the public that the Agency has found the following SIP submittals and
their respective motor vehicle emissions budgets adequate for transportation
conformity purposes: ‘‘PM10 Maintenance Plan for Can˜ on City,’’ ‘‘Final Revised PM10 Maintenance Plan for the Pagosa Springs Attainment/Maintenance Area,’’ and ‘‘Revised PM10 Attainment/Maintenance Plan Telluride Attainment/Maintenance Area.’’ (PM10 refers to particulate matter less than or
equal to 10 microns in size.) Once this finding becomes effective, the Pikes
Peak Area Council of Governments (PPACG), the North Front Range Metropolitan Planning Organization (NFRMPO), the Colorado Department of
Transportation, and the U.S. Department of Transportation are required to use the relevant motor vehicle emissions budgets for future transportation conformity determinations. DATES: This finding is effective August 17, 2011. - EPA Seeking Input Materials Measurement; Municipal Solid Waste (MSW), Recycling, and Source Reduction Measurement in the U.S. [EPA–HQ–RCRA–2011–0178; FRL–9446–9]. Notice. EPA is soliciting stakeholder
input regarding the efficacy and scope of the MSW Characterization Report
called ‘‘Municipal Solid Waste in the United States’’ as part of a broader discussion about sustainable materials management. This information will be
used to develop new measurement definitions and protocols for measurement of these materials, as well as the possible addition of construction and demolition (C&D) materials and non-hazardous industrial materials to the list of materials addressed in future efforts. This effort could lead to the creation of a new measurement report that the U.S. Environmental Protection Agency (EPA or the Agency) will make publicly available. DATES: All written comments must be
received on or before August 31, 2011.
Wednesday August 3, 2011
Proposed Rules
- Tris carbamoyl triazine; Proposed Modification of Significant New Uses. 40 CFR Part 721 [EPA–HQ–OPPT–2011–0108; FRL–8878–3]. Proposed rule. Under section 5(a)(2) of the Toxic Substances Control Act (TSCA), EPA is proposing to amend the significant new use rule (SNUR) for the chemical substance identified
generically as tris carbamoyl triazine, which was the subject to premanufacture notice (PMN) P–95– 1098. This action would amend the SNUR to allow certain uses without requiring a significant new use notice (SNUN), and would extend SNUN requirements to certain additional uses. EPA is proposing this amendment based on review of new toxicity test data. DATES: Comments must be received on
or before September 2, 2011.
Notices
- Agency Information Collection Activities; Proposed Collection; Comment Request. [EPA–HQ–OPPT–2010–1011; FRL–8880–6]. Notice.In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document
announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR, entitled: ‘‘Pre-Manufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances’’ and identified by EPA ICR No. 0574.15 and OMB Control No. 2070–0012, is scheduled to expire on December 31, 2011. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. DATES: Comments must be received on or before September 30, 2011. - Butylate; Registration Review Proposed Decision; Notice of Availability. [EPA–HQ–OPP–2008–0882; FRL–8882–3]. Notice. This notice announces the
availability of EPA’s proposed registration review decision for the pesticide butylate and opens a public comment period on the proposed decision. 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, that the pesticide can perform its intended function without unreasonable
adverse effects on human health or the environment. 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.
DATES: Comments must be received on or before October 3, 2011. - Cross-Media Electronic Reporting: Authorized Program Revision Approvals, Commonwealth of Kentucky. [FRL–9447–2]. Notice. This notice announces EPA’s approval of the Commonwealth of Kentucky’s request to revise certain of
its EPA-authorized programs to allow electronic reporting. DATES: EPA’s approval is effective August 3, 2011. - Compatibility of Underground Storage Tank Systems With Biofuel Blends; Correction. [EPA–HQ–UST–2010–0651; FRL–9447–3]. Notice. This document contains a typographical correction to the guidance which was published in the Federal Register of Tuesday, July 5, 2011. The guidance described how owners and operators of underground storage tanks (USTs) can demonstrate compliance
with the Federal compatibility requirement for UST systems storing gasoline greater than 10 percent ethanol or diesel containing greater than 20 percent biodiesel. That guidance contained a typographical error which this action corrects. The complete, corrected version of the guidance can be found on EPA’s Web site. - FIFRA Scientific Advisory Panel; Notice of Public Meeting. [EPA–HQ–OPP–2011–0582; FRL–8881–9]. Notice. There will be a 2-day
consultation meeting of the Federal Insecticide, Fungicide, and Rodenticide
Act Scientific Advisory Panel (FIFRA SAP) to consider and review scientific
issues concerning the Two-dimensional Exposure Rainfall-Runoff Assessment
(TERRA) Watershed Model and its use in the FIFRA Ecological Risk Assessment for Antimicrobial Uses of Copper. DATES: The meeting will be held on October 25–26, 2011, from approximately 9 a.m. to 5:30 p.m. Comments. The Agency encourages that written comments be submitted by October 11, 2011, and requests for oral comments be submitted by October 18, 2011. However, written comments and requests to make oral comments may be submitted until the date of the meeting, but anyone submitting written comments after October 11, 2011,
should contact the Designated Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT. For additional instructions, see Unit I.C. of the SUPPLEMENTARY INFORMATION. - Modification of the Expiration Date for the National Pollutant Discharge Elimination System General Permit for Stormwater Discharges From Construction Activities on Tribal Lands Within the Southeastern United States. [FRL–9447–5]. Notice. EPA Region 4 is modifying the expiration date of the National Pollutant Discharge Elimination System (NPDES) general permit authorizing the discharge of stormwater from construction activities on Tribal Lands within the states of Alabama, Florida, Mississippi and North Carolina. This
modification will extend the NPDES construction general permit (CGP), hereinafter referred to as ‘‘the Region 4 CGP,’’ so that it expires on September 1, 2012 instead of August 31, 2011. The purpose of extending the expiration date
is to ensure that there is no lapse in permit coverage prior to the effective date of the issuance of a new permit, hereinafter referred to as ‘‘the new National CGP,’’ which was proposed as draft for public review and comment on April 25, 2011. The Region 4 CGP was issued on September 1, 2009, and the modification of the expiration date makes it a three-year permit. By Federal law, no NPDES permit may be issued for a period that exceeds five years. The extension complies with this restriction. DATES: EPA is finalizing a modification to the Region 4 CGP that extends the permit until September 1, 2012 instead of August 31, 2011. The Region 4 CGP will now expire at midnight, on September 1, 2012, or on the effective date of the new National CGP, whichever is earlier. - New York State Prohibition of Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination. [FRL–9447–9]. Notice. Notice is hereby given that, pursuant to Clean Water Act, Section 312(f)(3) (33 U.S.C. 1322(f)(3)), the State of New York has determined that the protection and enhancement of the quality of the Jamaica Bay in the New York City metropolitan area requires greater environmental protection, and has petitioned the United States Environmental Protection Agency, Region 2, for a determination that
adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for those waters, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters. The New York State Department of Conservation (NYSDEC) on behalf of the New York City Department of Environmental Protection (NYCDEP) has proposed to establish a Vessel Waste No-Discharge Zone (NDZ) for the Jamaica Bay that covers an area of approximately 20,000 acres (17,177 acres of open water and 2,695 acres of upland islands and salt marshes). It is bounded on the west and northwest by Brooklyn, on the north and northeast by Queens. The northeastern and southeastern corners of the Bay are
bordered by Nassau County. The northern shore of the Rockaway Peninsula, a part of Queens, forms the southern boundary. The Bay is connected to the Atlantic Ocean through the Rockaway Inlet and has a tidal range of approximately 5 to 6 feet. It measures approximately 10 miles at its widest
point east to west and approximately 4 miles at its widest point north to south.
The mean depth of the Bay is approximately 13 feet with maximum depths reaching 30 to 50 feet in navigation channels and borrows pit areas. Eight tributaries empty into Jamaica Bay—Sheepshead Bay, Paerdegat Basin, Fresh Creek, Hendrix Creek, Spring Creek, Shellbank Basin, Bergen Basin, and Thurston Basin. DATES: Comments regarding this tentative determination are due by September 2, 2011. - Notice of Utah Adoption by Reference of the Pesticide Container Containment Rule. [FRL–9447–8]. Notice. This notice is provided to formally acknowledge the State of Utah’s adoption by reference of the federal Pesticide Container Containment (PCC) Rule regulations. In accordance with State of Utah Agricultural Code, the Utah Department of Agriculture and Food adopted the applicable portions of 40 CFR part 152, subpart A, § 152.3, and Part 165, subparts A through E. The State did not request any modification to the federal PCC rules, and with this notice, the EPA Region 8, is formally announcing the adoption by reference with no modifications.
Thursday August 5, 2011
Final Rules
- Approval and Promulgation of Air Quality Implementation Plans; Delaware; Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards. 40 CFR Part 52 [EPA–R03–OAR–2010–0158; FRL–9447–7]. Final rule. EPA is approving submittals from the State of Delaware pursuant to the Clean Air Act (CAA) sections 110(k)(2) and (3). These submittals address the infrastructure elements specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 2006 PM2.5 NAAQS. This final rule is limited to the following infrastructure elements which were subject to EPA’s completeness findings pursuant to CAA section (k)(1) for the 1997 8-hour ozone NAAQS dated March 27, 2008 and the 1997 PM2.5 NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. DATES: Effective Date: This final rule is effective on September 6, 2011.
- Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards. 40 CFR Part 52 [EPA–R03–OAR–2010–0157; FRL–9447–6]. Final rule. EPA is approving submittals from the State of West Virginia pursuant to the Clean Air Act (CAA) sections 110(k)(2) and (3). These submittals address the infrastructure elements specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 2006 PM2.5 NAAQS. This final rule is limited to the following infrastructure elements which were subject to EPA’s completeness findings pursuant to CAA section 110(k)(1) for the 1997 8-hour ozone NAAQS dated March 27, 2008 and the 1997 PM2.5 NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. DATES: Effective Date: This final rule is effective on September 6, 2011.
- Revision to the California State Implementation Plan; South Coast Air Quality Management District. 40 CFR Part 52 [EPA–R09–OAR–2011–0462; FRL–9437–6]. Final rule. EPA is taking direct final action to approve a revision to the South Coast Air Quality Management District portion of the California State Implementation Plan (SIP). This revision concerns volatile organic
compound (VOC) emissions from polymeric foam manufacturing operations. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA). DATES: This rule is effective on October
3, 2011 without further notice, unless EPA receives adverse comments by
September 6, 2011. If we receive such comments, we will publish a timely
withdrawal in the Federal Register to notify the public that this direct final
rule will not take effect. - Revision to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District. 40 CFR Part 52 [EPA–R09–OAR–2011–0429; FRL–9444–3]. Final rule. EPA is finalizing approval of a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This revision was proposed in the Federal Register on June 8, 2011 and concerns volatile organic compound (VOC)
emissions from brandy and wine aging operations. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: Effective Date: This rule is effective on September 6, 2011.
Proposed Rules
- Approval and Promulgation of Air Quality Implementation Plans; Maryland; Preconstruction Permitting Requirements for Electric Generating Stations in Maryland. 40 CFR Part 52 [EPA–R03–OAR–2011–0623; FRL–9448–1]. Proposed rule. EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Maryland Department of the Environment (MDE)
on May 13, 2011 and July 15, 2011. This SIP revision revises and supplements
the preconstruction permitting requirements for electric generating stations that are required to receive a Certificate of Public Convenience and Necessity (CPCN) from the Maryland Public Service Commission (PSC) before commencing construction. The SIP revision also requires electric generating stations to obtain a preconstruction permit from the MDE when a CPCN is not required under the PSC regulations and statutes. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before September 6,
2011. - Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Oxides of Nitrogen for a Specific Source in the State of New Jersey. 40 CFR Part 52 [Docket No. EPA–R02–OAR–2011–0499; FRL–9448–3]. Proposed rule. The Environmental Protection Agency (EPA) is proposing to approve a revision to the State Implementation Plan (SIP) for ozone submitted by the State of New Jersey. This SIP revision consists of a source-specific reasonably available control technology (RACT) determination for controlling oxides of nitrogen from the stationary reciprocating, diesel fuel fired, internal combustion engines operated by the Naval Weapons Station Earle located in Colts Neck, New Jersey. This action proposes an approval of the sourcespecific RACT determination that was made by New Jersey in accordance with the provisions of its regulation to help meet the national ambient air quality
standard for ozone. The intended effect of this proposed rule is to approve source-specific emissions limitations required by the Clean Air Act. DATES: Comments must be received on or before September 6, 2011. - Mandatory Reporting of Greenhouse Gases. 40 CFR Part 98 [EPA–HQ–OAR–2011–0147; FRL–9443–1]. Proposed rule. EPA is proposing to amend
specific provisions in the Mandatory Reporting of Greenhouse Gases Rule to
correct certain technical and editorial errors that have been identified since
promulgation and to clarify or propose amendments to certain provisions that
have been the subject of questions from reporting entities. These proposed
changes include additional information to clarify compliance obligations,
correct data reporting elements so they more closely conform to the information
used to perform emission calculations, and make other corrections and
amendments. EPA has received petitions for reconsideration on some of
these subparts. EPA is still considering these petitions, and the issues raised in
the petitions are not discussed or addressed in this action. DATES: Comments. Comments must be received on or before September 19, 2011. - Revisions to the California State Implementation Plan; South Coast Air Quality Management District. 40 CFR Part 52 [EPA–R09–OAR–2011–0462; FRL–9437–7]. Proposed rule. EPA is proposing to approve a revision to the South Coast Air Quality Management District portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound (VOC) emissions from polymeric cellular foam product manufacturing operations. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA). DATES: Any comments on this proposal must arrive by September 6, 2011.
Notices
- Science Advisory Board Staff Office; Notification of a Public Teleconference
of the Chartered Clean Air Scientific Advisory Committee. [FRL–9448–2]. Notice. The EPA Science Advisory Board (SAB) Staff Office announces a
public teleconference of the Chartered Clean Air Scientific Advisory Committee (CASAC) on August 29, 2011 to conduct a quality review of a draft CASAC report, Review of EPA’s Photochemical Assessment Monitoring Stations (PAMS) Network Reengineering project. DATES: The public teleconference will
be held on August 29, 2011 from 9 a.m. to 11 a.m. (Eastern Daylight Time).
Friday August 5, 2011
Final Rules
- Approval and Promulgation of State Implementation Plans; State of Colorado; Attainment Demonstration for the 1997 8-Hour Ozone Standard, and Approval of Related Revisions. 40 CFR Part 52 [EPA–R08–OAR–2010–0285; FRL–9276–8]. Final rule. EPA is partially approving and partially disapproving revisions to Colorado’s State Implementation Plan (SIP). On June 18, 2009, Colorado submitted proposed SIP revisions intended to ensure attainment of the
1997 ozone National Ambient Air Quality Standards (NAAQS) in the Denver Metro Area/North Front Range (DMA/NFR) nonattainment area by November 20, 2010. The June 18, 2009 submittal consisted of an ozone attainment plan, which included emission inventories, a modeled attainment demonstration using
photochemical grid modeling, a weight of evidence analysis, and 2010 motor vehicle emissions budgets for transportation conformity. The submittal also included revisions to Colorado Regulation Numbers 3 and 7 and to Colorado’s Ambient Air Quality Standards Regulation. On October 7, 2010, Colorado submitted revised photochemical modeling results to us for the DMA/NFR ozone SIP. The revised modeling corrected the latitude/ longitude locations of certain point sources but still projected attainment of the 1997 ozone NAAQS. EPA is approving the attainment demonstration, the rest of the ozone attainment plan, with limited exceptions, and the revisions to Colorado Regulation Number 3, parts A and B. EPA is approving portions of the revisions to Colorado Regulation
Number 7 and disapproving other portions. EPA is not acting on Colorado Regulation Number 3, part C, and Colorado’s Ambient Air Quality Standards Regulation as Colorado withdrew these submissions on September 10, 2010. EPA is taking these actions pursuant to section 110 and part D of the Clean Air Act (CAA) and EPA’s regulations. DATES: Effective Date: This final rule is effective September 6, 2011. - Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program. 40 CFR Part 745 [EPA–HQ–OPPT–2005–0049; FRL–8881–8]. Final rule. As part of a settlement of litigation over certain post-renovation cleaning requirements of the 2008 Lead Renovation, Repair, and Painting Program (RRP) rule, the EPA agreed to propose a number of revisions to the 2008 RRP rule that established accreditation, training, certification, and
recordkeeping requirements as well as work practice standards for persons
performing renovations for compensation in most pre-1978 housing and child-occupied facilities and to subsequently take final action on the proposed rule by July 15, 2011. The proposed rule published on May 6, 2010. EPA has decided not to promulgate dust wipe testing and clearance requirements as proposed. However, EPA is promulgating several other revisions to the RRP rule, including a provision allowing a certified renovator to collect a paint chip sample and send it to a recognized laboratory for analysis in lieu of using a lead test kit, minor changes to the training program accreditation application process, standards for elearning in accredited training programs, minimum enforcement provisions for authorized state and tribal renovation programs, and minor revisions to the training and certification requirements for renovators. EPA is also promulgating
clarifications to the requirements for vertical containment on exterior renovation projects, the prohibited or restricted work practice provisions, and the requirements for high-efficiency particulate air (HEPA) vacuums. Today’s action is EPA’s final action on all aspects of the May 6, 2010 proposal. DATES: This final rule is effective October 4, 2011. - Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production, Import, and Export. 40 CFR Part 82 [EPA–HQ–OAR–2010–1040; FRL–9448–4]. Final rule. EPA is adjusting the allowance system controlling U.S. consumption and production of hydrochlorofluorocarbons (HCFCs) as a result of a recent court decision vacating
a portion of the rule titled ‘‘Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production, Import, and Export; Final Rule.’’ EPA interprets the court’s vacatur as applying to the part of the rule that establishes the company-bycompany baselines and calendar-year allowances for HCFC–22 and HCFC– 142b. This action relieves the regulatory ban on production and consumption of these two chemicals following the court’s vacatur by establishing new company-by-company HCFC–22 and HCFC–142b baselines and allocating production and consumption allowances for 2011. DATES: This rule is effective August 5, 2011. While the urgent need for certainty regarding the consumption allowance allocations in the 2011 control period precludes the Agency from considering any adjustments to the consumption allowances allocated in this action, EPA will consider all written comments received by
September 6, 2011 to determine whether to issue additional production allowances for the time period covered by this action. Commenters may also submit comments on the issues addressed in this action as they pertain to future control periods.
Notices
- Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations. [EPA–HQ–OPP–2009–1017; FRL–8882–9]. Notice. In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, 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 their 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. DATES: Comments must be received on or before September 6, 2011. - Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations. [EPA–HQ–OPP–2009–1017; FRL–8882–9]. Notice. In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, 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 their 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. DATES: Comments must be received on or before September 6, 2011.
