Environmental Protection Agency Federal Register Rules, Proposed Rules, and Notices January 9 – January 13 2012

Monday, January 9, 2012

Final Rules

  1. Approval and Promulgation of Air Quality Implementation Plans; North Dakota; Revisions to the Air Pollution Control Rules. 40 CFR Part 52 [EPA–R08–OAR–2009–0556; FRL–9486–2]. Final rule. EPA is approving revisions to the North Dakota State Implementation Plan (SIP) that the Governor of North Dakota submitted with a letter dated April 6, 2009. The revisions affect North
    Dakota’s air pollution control rules regarding general provisions (including rules regarding shutdowns and malfunctions), ambient air quality standards,  emissions of particulate matter, permitting, and fees. In addition, EPA is making administrative corrections to the regulatory text for North Dakota that will be codified in the Code of Federal Regulations; we made errors in the identification of plan table when we approved the North Dakota State Implementation Plan revisions for Interstate Transport of pollution, which the Governor also submitted on April 6, 2009. EPA proposed approval of these rules on May 5, 2011 and received no adverse comments. This action is being taken under section 110 of the Clean Air Act (CAA). DATES: This action is effective on December 5, 2011.

Proposed Rules

  1. Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, Virginia, and West Virginia; Determinations of Attainment of the 1997 Fine Particle Standard for the Metropolitan Washington and Martinsburg-Hagerstown Nonattainment Areas. 40 CFR Part 52 [EPA–R03–OAR–2011–0801; FRL–9487–4]. Proposed rule. EPA is proposing to make a
    determination that the Metropolitan Washington, District of Columbia-
    Maryland-Virginia (DC-MD-VA) and Martinsburg-Hagerstown, West Virginia-
    Maryland (WV-MD) fine particle (PM2.5) nonattainment areas (hereafter referred to as ‘‘Areas’’) have attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5,
    2010. These determinations are based upon complete, quality-assured, and
    certified ambient air monitoring data for the 2007–2009 monitoring period. EPA
    is finding these Areas to be in attainment, in accordance with the requirements of the Clean Air Act (CAA). DATES: Written comments must be received on or before December 5, 2011.
  2. Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Pennsylvania Clean Vehicles Program. 40 CFR Part 52 [EPA–R03–OAR–2011–0605; FRL–9487–2]. Proposed rule. EPA is proposing to approve
    a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision contains Pennsylvania’s Clean Vehicle Program, which adopts California’s second generation low emission vehicle program for light-duty vehicles (LEV II). The Clean Air Act (CAA) contains specific authority
    allowing any state to adopt new motor vehicle emissions standards that are
    identical to California’s standards in lieu of applicable Federal standards.
    Pennsylvania has adopted a Clean Vehicle Program that incorporates by
    reference provisions of California’s LEV II rules and specifies a transition
    mechanism for compliance with these clean vehicle standards in Pennsylvania. The intended effect of this action is to approve, consistent with the CAA, a control strategy that will help Pennsylvania to achieve and maintain attainment of the National Ambient Air Quality Standard (NAAQS) for ozone. DATES: Written comments must be received on or before December 5, 2011.
  3. Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Fees for Permits and Administrative Actions. 40 CFR Part 52 [EPA–R06–OAR–2007–0154; FRL–9487–1]. Proposed rule. EPA is proposing an approval of revisions which repeal and replace existing rules, and revisions to the applicable State Implementation Plan (SIP) for New Mexico Albuquerque/Bernalillo County, which relate to fee requirement regulations. The repeal and replace and SIP revisions proposed today would address section 110(a)(2) Clean Air Act (the Act or CAA) requirements related to fees for, in part,
    reviewing and acting on specific permit applications received by the City of
    Albuquerque/Bernalillo County Environmental Health Department (EHD or Department); fees to partially offset the administrative cost of permit-related administrative hearings; funding for small business stationary sources; and fees to cover administrative expenses incurred by the Department in implementing the New Mexico Air Quality Control Act, the joint Air Quality Control Board (AQCB) ordinances, and the Albuquerque/Bernalillo County AQCB regulations of
    the New Mexico Statutes Annotated (NMSA) 1978. EPA finds that these rules and revisions comply with applicable provisions of the CAA and is proposing to approve them into the SIP. This action is being proposed under section 110 of the Act. DATES: Comments must be received on or before December 5, 2011.

Notices

  1. Environmental Impacts Statements; Notice of Availability. [ER–FRL–8999–8]. Notice. Responsible Agency: Office of Federal Activities, General Information (202) 564–1399 or http://www.epa.gov/compliance/nepa/. Weekly receipt of Environmental Impact Statements Filed 10/24/2011 through 10/28/2011
    pursuant to 40 CFR 1506.9. Notice Section 309(a) of the Clean Air Act
    requires that EPA make public its comments on EISs issued by other
    Federal agencies. EPA’s comment letters on EIS are available at: http://
    www.epa.gov/compliance/nepa/eisdata.html.
  2. Meeting of the Local Government Advisory Committee. [FRL–9486–7]. Notice. The Local Government Advisory Committee will meet on Friday, December 2, 2011, 10 a.m.– 5 p.m. (ET). The Committee will discuss the recommendations of the LGAC Workgroups and Small Community Subcommittee. The meeting will also feature the Gulf Coast Restoration Workgroup recommendations on ways
    EPA can engage local government officials in the Gulf Coast Ecosystem
    restoration efforts and other issues of environmental concern to locally
    elected officials. This is an open meeting and all interested persons are
    invited to participate. The Committee will hear comments from the public
    between 11:40 a.m.–12 p.m. on Friday, December 2, 2011. Individuals or
    organizations wishing to address the Committee will be allowed a maximum
    of five minutes to present their point of view. Also, written comments should be
    submitted electronically to eargle.frances@epa.gov. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule a
    time on the agenda. Time will be allotted on a first come first serve basis,
    and the total period for comments may be extended if the number of requests
    for appearances requires it.
  3. Meeting of the Small Communities Advisory Subcommittee. [FRL–9486–8]. Notice. The Small Communities Advisory Subcommittee will meet on Thursday, December 1, 2011, at 3 p.m. to 4:30 p.m. (E.T.) at the U.S. EPA East Building, 1201 Constitution Avenue NW., Washington, DC. Topics to be discussed are issues and recommendations to the Administrator regarding environmental issues affecting small communities. This is an open meeting and all interested persons are invited to attend. The Subcommittee will hear comments from the public between 3:30 p.m. and 4 p.m. (E.T.) on Thursday, December 1, 2011. Each
    individual or organization wishing to address the Committee will be allowed a maximum of five minutes. Also, written comments may be submitted electronically to eargle.frances@epa.gov or contact Frances Eargle the Designated Federal Officer (DFO) at the number listed below to schedule agenda time. Time will be allotted on a first come, first serve basis, and may be extended,
    if the number of requests for appearances require it.
  4. BCX Tank Superfund Site; Jacksonville, Duval County, FL; Notice of Settlement. [Docket# EPA–R4–SFUND 2011–3767, FRL–9486–9]. Notice. Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has
    entered into a settlement for reimbursement of past response costs concerning the BCX Tank Superfund Site located in Jacksonville, Duval County, Florida for publication. DATES: The Agency will consider public comments on the settlement until December 5, 2011. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is
    inappropriate, improper, or inadequate.

Wednesday, January 11, 2012

Final Rules

  1. Bacillus Subtilis Strain CX–9060; Exemption From the Requirement of a Tolerance. 40 CFR Part 180 [EPA–HQ–OPP–2010–0104; FRL–9330–9]. Final rule. This regulation establishes an exemption from the requirement of a tolerance for residues of the microbial pesticide Bacillus subtilis strain CX–9060 in or on all food commodities when applied/used in accordance with good agricultural practices. Certis U.S.A., L.L.C. 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 Bacillus subtilis strain CX–9060.
    DATES: This regulation is effective January 11, 2012. Objections and requests for hearings must be received on or before March 12, 2012, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

Notices

  1. FIFRA Scientific Advisory Panel; Notice of Public Meeting. [EPA–HQ– OPP–2011–1017; FRL–9331–6]. Notice. There will be a 2-day meeting
    of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory
    Panel (FIFRA SAP) to consider and review Methods for Efficacy Testing of Bed Bug Pesticide Products. DATES: The meeting will be held on March 6–7, 2012, from approximately 8:30 a.m. to 5 p.m. Comments. The Agency encourages that written comments be submitted by February 21, 2012, and requests for oral comments be submitted by February 28, 2012. However, written comments and
    requests to make oral comments may be submitted until the date of the meeting,
    but anyone submitting written comments after February 21, 2012, should contact the Designated Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT. For additional instructions, see Unit I.C. of the
    SUPPLEMENTARY INFORMATION. Nominations. Nominations of candidates to serve as ad hoc members of FIFRA SAP for this meeting should be provided on or before January 25, 2012. Webcast. This meeting may be Webcast. Please refer to the FIFRA SAP’s Web site, http://www.epa.gov/scipoly/SAP for information on how to access the Webcast. Please note that the Webcast is a supplementary public process provided only for convenience. If difficulties arise resulting in Webcasting outages, the meeting will continue as planned. Special accommodations. For information on access or services for individuals with disabilities, and to request accommodation of a disability, please contact the DFO listed under FOR FURTHER INFORMATION CONTACT at least 10 days prior to the meeting to give EPA as much time as possible to process your request.
  2. Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations. [EPA–HQ–OPP–2010–0014; FRL–9328–3]. 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
    registration has 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 July 9, 2012.
  3. Butylate, Fenoxycarb, Sodium Tetrathiocarbonate, and Temephos Registration Review Final Decisions; Notice of Availability. [EPA–HQ–OPP–2011–0996; FRL–9331–3]. Notice. This notice announces the availability of EPA’s final registration review decisions for the pesticides butylate, case no. 0071; fenoxycarb, case no. 7401; sodium tetrathiocarbonate, case no. 7009; and temephos, case no. 0006. 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 causing 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.
  4. Imidacloprid, Oxamyl, and Methomyl; Notice of Receipt of Requests to Voluntarily Amend Pesticide Registrations To Terminate Certain Uses. [EPA–HQ–OPP–2011–0933; FRL–9328–2]. 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 amend certain imidacloprid product registrations to delete use on almonds, to voluntarily amend oxamyl product registrations to delete use on soybeans, and to voluntarily amend methomyl product registrations to delete use on grapes. The requests would not terminate the last imidacloprid, oxamyl, or methomyl products registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless it
    receives substantive comments within the comment period that would merit
    further review of the request, or unless one or more of the registrants withdraws
    its request. If the Agency grants these requests, any sale, distribution, or use of
    products listed in this notice will be permitted after the uses are deleted 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 February 10, 2012.
  5. EPA Workshops on Achieving Water Quality Through Integrated Municipal
    Stormwater and Wastewater Plans Under the Clean Water Act (CWA).
    [EPA–HQ–OW–2011–0986; FRL–9617–1]. Notice. The Environmental Protection Agency is holding a series of workshops to solicit the individual views of stakeholders on the use of integrated municipal stormwater and wastewater
    plans to meet the water quality objectives of the CWA. The workshops are intended to assist EPA in developing an integrated planning approach framework that could be used to help municipalities prioritize their infrastructure  investments in order to maximize water quality benefits and  consider various innovative approaches, such as green infrastructure, that may be more sustainable. The workshops will include a facilitated discussion with representatives of organizations that represent elected local officials, publicly
    owned treatment works (POTW), municipal stormwater managers, state
    NPDES permitting and enforcement authorities, and environmental advocacy groups. EPA invites other interested members of the public to observe the workshops and to offer verbal comments at designated times during the workshops. In addition to submitting information at the listening sessions, the public may also provide input to the Agency through email, fax or mail. DATES: EPA is asking for statements and input from the interested public on or before February 29, 2012. The dates for the workshops are provided below.

Thursday, January 12, 2012

Final Rules

  1. Approval and Disapproval and Promulgation of Implementation Plans; Texas; Infrastructure and Interstate Transport Requirements for the 1997 Ozone and the 1997 and 2006 PM2.5 NAAQS. 40 CFR Part 52 [EPA–R06–OAR–2008–0638; FRL–9613–7]. Final rule. In rule document 2011–33253 appearing on pages 81371–81393 in the issue of Wednesday, December 28, 2011, make the following corrections: § 52.270 [Corrected] 1. On page 81392, in § 52.270(c), in the table appearing at the bottom of the page, in the entry under the column titled ‘‘EPA approval date’’, ‘‘12/28/2012’’ should read ‘‘12/28/2011’’. 2. On page 81393, in §§ 52.270(c) and (e), in both tables appearing on this page, in the two entries under the columns titled ‘‘EPA approval date’’, ‘‘12/28/2012’’ should read ‘‘12/28/2011’’.
  2. Approval and Promulgation of Implementation Plans; Georgia; Rome; Fine Particulate Matter 2002 Base Year Emissions Inventory. 40 CFR Part 52
    [EPA–R04–OAR–2011–0849–201153(a); FRL–9617–2]. Final rule. EPA is taking direct final action to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the State Implementation Plan (SIP) revision submitted by the State of Georgia on October 27, 2009. The emissions
    inventory is part of the Rome, Georgia (hereafter referred to as ‘‘the Rome Area’’ or ‘‘Area’’), PM2.5 attainment demonstration that was submitted for the 1997 annual PM2.5 National Ambient Air Quality Standards (NAAQS). This action is being taken pursuant to section 110 of the Clean Air Act (CAA). DATES: This direct final rule is effective March 12, 2012 without further notice, unless EPA receives adverse comment by February 13, 2012. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.

Proposed Rules

  1. Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance Program—Deletion of
    Final Enhanced Inspection and Maintenance Emission Cutpoint Standards.
    40 CFR Part 52 [EPA–R08–0AR–2011–1004; FRL–9617–8]. Proposed rule. EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Colorado on August 8, 2006. The August 8, 2006 revision updates Regulation Number 11, ‘‘Motor Vehicle Emissions Inspection Program,’’ by removing the light duty vehicle emission testing limits that went into effect on January 1, 2006 for 1996 and newer model year vehicles. This action is being  taken under section 110 of the Clean Air Act. DATES: Comments must be received on or before February 13, 2012.
  2. Approval and Promulgation of Implementation Plans; Georgia; Rome; Fine Particulate Matter 2002 Emissions Inventory. 40 CFR Part 52 [EPA–R04–OAR–2011–0849–201153(b); FRL–9617–3]. Proposed rule. EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the State Implementation Plan (SIP) revision submitted by the State of
    Georgia on October 27, 2009. The emissions inventory is part of the Rome, Georgia PM2.5 attainment demonstration that was submitted for the 1997 annual
    PM2.5 National Ambient Air Quality Standards. This action is being taken pursuant to section 110 of the Clean Air Act. In the Rules Section of this Federal
    Register, EPA is approving Georgia’s SIP revision as a direct final rule without
    prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. DATES: Written comments must be received on or before February 13, 2012.
  3. Revisions to the California State Implementation Plan, South Coast Air Quality Management District. 40 CFR Part 52 [EPA–R09–OAR–2011–0876; FRL–9617–9]. Proposed rule. In this action, we are proposing to approve South Coast Air Quality Management District (SCAQMD) Rule 317, ‘‘Clean Air Act
    Non-Attainment Fee,’’ as a revision to SCAQMD’s portion of the California
    State Implementation Plan (SIP). Rule 317 is a local rule submitted to address
    section 185 of the Clean Air Act (CAA or Act). We are proposing that Rule 317,
    an equivalent alternative program, is not less stringent than the program required by section 185, and, therefore, is approvable, consistent with the
    principles of section 172(e) of the Act. As part of this action, we are inviting
    public comment on whether it is appropriate for EPA to consider equivalent alternative programs, and, if so, whether Rule 317 would constitute an approvable equivalent alternative program. We are taking comments on
    these proposals and plan to follow with a final action. DATES: Any comments must arrive by February 13, 2012.

Notices

  1. Agency Information Collection Activities; Proposed Collection; Comment Request; Clean Air Interstate Rule To Reduce Interstate Transport of Fine Particle Matter and Ozone (Renewal); EPA ICR No. 2152.05, OMB Control No. 2060–0570. [EPA–HQ–OAR–2003–0053; FRL–9617–6]. 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) for the Clean Air Interstate Rule (CAIR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on February 29, 2012. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments may be submitted on or before March 12, 2012.
  2. National Advisory Council for Environmental Policy and Technology. [FRL–9617–7]. Notice. Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public meeting of the National Advisory Council for
    Environmental Policy and Technology (NACEPT). NACEPT provides advice to
    the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT members represent academia, industry, non-governmental organizations, and local, state, and tribal governments. The
    purpose of this meeting is to begin developing recommendations to the Administrator regarding actions that EPA can take in response to the National Academy of Sciences Report on ‘‘Incorporating Sustainability in the U.S Environmental Protection Agency.’’ A copy of the agenda for the meeting will be posted at http://www.epa.gov/ofacmo/nacept/cal-nacept.htm. DATES: NACEPT will hold a two-day public meeting on Monday, February 13, 2012, from 9 a.m. to 5:30 p.m. (EST) and Tuesday, February 14, 2012, from 8:30 a.m. to 2 p.m. (EST).
  3. Notification of a Public Teleconference of the Science Advisory Board Committee on Science Integration for Decision Making. [FRL–9618–1]. Notice. The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the SAB Committee on Science Integration for Decision Making. DATES: The teleconference date is
    January 31, 2012 from 1 p.m. to 4 p.m. (Eastern Time).

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