Environmental Protection Agency Federal Register Rules, Proposed Rules and Notices, Thursday, October 21, 2010

Thursday, October 21, 2010

Rules

• Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Determination of Attainment of the 1997 Ozone Standard for the Providence, RI Area. 40 CFR Part 52 [EPA–R01–OAR–2010–0459; A–1–FRL– 9215–9] . SUMMARY: The EPA is determining that the Providence (All of Rhode Island) moderate 1997 8-hour  ozone nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for  ozone. This determination is based upon complete, quality-assured, certified ambient air monitoring data that  show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007–2009 monitoring  period. Preliminary data available to date for the 2010 ozone season is consistent with continued attainment.  Under the provisions of EPA’s ozone implementation rule, the requirements for this area to submit an  attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans related to attainment of the 1997 8-hour ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS. In addition, EPA is determining that this area has attained the 1997 ozone NAAQS as of June 15, 2010, its applicable attainment date.
• Approval and Promulgation of Implementation  Plans; Illinois; Voluntary Nitrogen Oxides Controls. 40 CFR Part 52 [EPA–R05–OAR–2007–1096; FRL–9215–8] . SUMMARY: On May 1, 2001, the Illinois Environmental  Protection Agency (Illinois EPA) submitted a request for EPA approval of a State Implementation Plan (SIP)  revision for regulations governing Nitrogen Oxides (NOX) emission allowances granted for implementation of  voluntary control of NOX emissions from sources other than those covered by other Illinois NOX emission  control regulations. On March 4, 2008, EPA proposed to disapprove the requested SIP revision. This final rule  completes the disapproval of the requested SIP revision.
• Approval and Promulgation of Implementation  Plans; State of Missouri. 40 CFR Part 52 [EPA–R07–OAR–2010–0415; FRL–9210–3] . SUMMARY: EPA is approving a revision to a State Implementation Plan (SIP) submitted by the State of Missouri. The purpose of this revision is to update the Springfield City Code and is part  of ongoing SIP maintenance to assure that outdated local codes and ordinances do not remain in the SIP. The  revision reflects updates to the Missouri statewide rules, and will ensure consistency between the applicable local agency rules and the Federally approved rules.

Proposed Rules

• Approval and Promulgation of Implementation  Plans; State of Missouri. 40 CFR Part 52 [EPA–R07–OAR–2010–0415; FRL–9210–2] . SUMMARY: EPA is proposing to approve a revision to a State Implementation Plan (SIP) submitted by the state of Missouri. The purpose of this revision is to update the Springfield City Code  and is part of ongoing SIP maintenance to assure that outdated local codes and ordinances do not remain in the  SIP. The revision reflects updates to the Missouri statewide rules, and will ensure consistency between the applicable local agency rules and the Federally approved rules.
• Notice of Data Availability on Coal Combustion Residual Surface Impoundments. 40 CFR Parts 257, 261, 264, 265, 268, 271, and 302 [EPA–HQ–RCRA–2009–0640; FRL–9216–3] RIN  2050–AE81.  SUMMARY: This  document announces the availability of new information and data posted in the docket for EPA’s proposed rulemaking (75 FR 51434, August 20, 2010) on the Disposal of Coal Combustion Residuals from Electric Utilities. The Agency is seeking public comment on how, if at all, this additional information should affect the Agency’s decisions as it develops a final rule. The information has been posted on EPA’s Web site, and is now  currently available in the docket; it consists of responses to Information Collection Requests that EPA sent to  electric utilities on their coal combustion residual surface impoundments as well as reports and materials  related to the site assessments EPA has conducted on a subset of these impoundments.
• National Emission Standards for Hazardous Air Pollutant Emissions: Hard and Decorative Chromium Electroplating and Chromium Anodizing  Tanks; Group I Polymers and Resins; Marine Tank Vessel Loading Operations; Pharmaceuticals Production; The  Printing and Publishing Industry; and Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration  Plants. 40 CFR Part 63 [EPA–HQ–OAR–2010–0600; FRL–9203–7] RIN 2060–AO91. SUMMARY: This action proposes how EPA will address the residual risk and technology reviews conducted for two national emission standards for hazardous air pollutants (NESHAP), and this action is a supplemental notice of proposed rulemaking for an October 2008 action that proposed how EPA would address the residual risk and technology reviews for four NESHAP. The six NESHAP include 16 source categories, 12 of which are the subject of residual risk and technology reviews in this package. This action  proposes to modify the existing emissions standards for eight source categories in three of the six NESHAP to  address certain emission sources not currently regulated under these standards. It also proposes for all six  NESHAP to address provisions related to emissions during periods of startup, shutdown, and malfunction. Finally, this action proposes changes to two of the six NESHAP to correct editorial errors, make clarifications, or address issues with implementation or determining compliance.   DATES: Comments. Comments must be
  received on or before December 6, 2010. Under the Paperwork Reduction Act, comments on the information  collection provisions are best assured of having full effect if the Office of Management and Budget (OMB) receives   copy of your comments on or before November 22, 2010. Public Hearing. We will hold a public hearing on November 5, 2010. Persons requesting to speak at the public hearing must contact EPA by  November 1, 2010.
• National Priorities List, Proposed Rule No. 53. 40 CFR Part 300 [EPA–HQ–SFUND–2010–0634, EPA–HQ– SFUND–2010–0636, EPA–HQ–SFUND–2010– 0638, EPA–HQ–SFUND–2010–0639, EPA– HQ–SFUND–2010–0640, EPA–HQ–SFUND– 2010–0641, EPA–HQ– SFUND–2010–0643, EPA–HQ–SFUND–2010–0645, EPA–HQ– SFUND–2010–0646, EPA–HQ–SFUND–2010– 0647; FRL–9216–1] RIN 2050–AD75. SUMMARY: The Comprehensive Environmental Response, Compensation, and Liability Act (‘‘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 (‘‘EPA’’ or ‘‘the Agency’’) in  determining which sites warrant further investigation. These further investigations will allow 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 proposes to add nine sites to the  General Superfund section of the NPL. This rule also withdraws one site from proposal to the General Superfund  section of the NPL. DATES: Comments regarding any of these  proposed listings must be submitted (postmarked)  n or before December 20, 2010.

Notices

• Access in Litigation to Confidential Business Information. [FRL–9216–6]. SUMMARY: The EPA has authorized the United States Department of Justice (‘‘DOJ’’) to disclose, in response to discovery requests received in the litigation styled, Tronox Incorporated, et al., v. Anadarko Petroleum Corp., et al., Adv. Proc. No. 09–01198  (ALG), pending in the United States Bankruptcy Court for the Southern District of New York (the ‘‘Litigation’’), information which has been submitted to EPA by its contractors that is claimed to be, or has been determined to  e, confidential business information (‘‘CBI’’). The EPA is providing notice of past disclosure and of ongoing  and contemplated future disclosure. Interested persons may submit comments on this Notice to the address noted below. DATES: Access by the DOJ and/or the parties to the Litigation to material discussed in this Notice  that has been either claimed or determined to be CBI is ongoing, and is expected to continue in the future during  he pendency of the Litigation. The EPA will accept comments on this Notice through October 30, 2010.
• Science Advisory Board Staff Office Request for Nominations of Experts for the Consultation on  Revisions to the Multi-Agency Radiation Survey and Site Investigation Manual. [FRL–9216–4] .  SUMMARY: The EPA Science Advisory Board (SAB) Staff Office is requesting public nominations for technical experts to augment the SAB’s  Radiation Advisory Committee (RAC) to conduct a consultation on revision to the Multi- Agency Radiation  Survey and Site Investigation Manual. DATES: Nominations should be submitted by November 12, 2010 per instructions below.