Federal Register Proposed Rules, Rules and Notices for August 7,2013

August 7,2013

NOTICES

Intent To Grant an Exclusive Patent License [FR DOC# 2013-19075] SUMMARY: EPA hereby gives notice of its intent to
grant an exclusive, royalty-bearing, revocable license to practice the invention described and claimed in the U.S. patent
entitled PROCESS FOR THE BIODEGRADATION OF HYDROCARBONS AND ETHERS IN SUBSURFACE SOIL BY
INTRODUCTION OF A SOLID OXYGEN SOURCE BY HYDRAULIC FRACTURING, filed as U.S. serial number
10/395,893 on March 25, 2003 and issued as U.S. Patent 7,252,986 on August 7, 2007 to Foremost Environmental
Solutions, L.L.C. of Denver, Colorado.

Preliminary 2012 Effluent Guidelines Program Plan and 2011 Annual Effluent Guidelines Review Report [FR DOC# 2013-
19074] SUMMARY: This notice announces the availability of the Preliminary 2012 Effluent Guidelines Program Plan
(“Preliminary 2012 Plan”) and EPA’s 2011 Annual Effluent Guidelines Review Report, and solicits public comment on
both. Clean Water Act (CWA) section 304(m), 33 U.S.C. 1314(m), requires EPA to biennially publish a plan for new and
revised effluent guidelines, after public notice and comment, which identifies any new or existing industrial categories
selected for effluent guidelines rulemaking and provides a schedule for such rulemaking. EPA works to publish a
preliminary plan in the odd numbered years and a final plan in the even numbered years. The findings from the 2011
Annual Reviews were used in developing the Preliminary 2012 Plan and will be used in developing the Final 2012 Plan.

Proposed Consent Decree, Clean Air Act Citizen Suit [FR DOC# 2013-19073] SUMMARY: In accordance with section
113(g) of the Clean Air Act, as amended (CAA or the Act), notice is hereby given of a proposed consent decree to
address a lawsuit filed by Sierra Club (Plaintiff) in the United States District Court for the District of Columbia: Sierra Club
v. Jackson, No.1:12-cv-01237-ESH (D.D.C.). On or about July 26, 2012, the plaintiff filed a complaint alleging that EPA
had failed to take action on certain State Implementation Plan (SIP) submittals by the states of New Jersey and
Michigan. Specifically, the complaint alleged that EPA had failed to make a finding that the state of New Jersey did not
submit SIP revisions addressing the nonattainment New Source Review requirements for the 1997 fine particulate matter
National Ambient Air Quality Standard (1997 PM<INF>2.5</INF> NAAQS) in the State of New Jersey portion of the
Philadelphia-Wilmington nonattainment area. The complaint further alleged that EPA had failed to take final action on the
attainment demonstration, contingency measures, emission inventory and Reasonably Available Control Measures or
Reasonably Available Control Technology (RACM/RACT), requirements for the 1997 PM<INF>2.5</INF> NAAQS in both
the State of Michigan’s SIP submittal for the Detroit-Ann Arbor nonattainment area and the New Jersey SIP submittal for
the State of New Jersey portion of the Philadelphia- Wilmington nonattainment area. The complaint also alleged that EPA
failed to publish a notice of determination in the Federal Register regarding whether the Detroit-Ann Arbor area had
attained the 1997 PM<INF>2.5</INF> NAAQS by the applicable attainment date. The proposed consent decree
establishes deadlines for EPA to take certain actions.

Update to An Inventory of Sources and Environmental Releases of Dioxin-Like Compounds in the United States for the
Years 1987, 1995, and 2000 [FR DOC# 2013-18954] SUMMARY: EPA is announcing a 30-day public comment period for
the draft document entitled, Update to An Inventory of Sources and Environmental Releases of Dioxin-Like Compounds in
the United States for the Years 1987, 1995, and 2000, (EPA/600/R-11/005A). EPA also is announcing that Versar, Inc.,
an EPA contractor for external scientific peer review, will select a group of experts to conduct a letter peer-review of the
draft document. The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA’s
Office of Research and Development. In November 2006, EPA released the report: An Inventory of Sources and
Environmental Releases of Dioxin-Like Compounds in the United States for the Years 1987, 1995, and 2000,
(EPA/600/P-03/002F). That report presented an evaluation of sources and emissions of dioxins, dibenzofurans, and
coplanar polychlorinated biphenyls to the air, land, and water of the United States. The inventory suggested that there
was a significant reduction in environmental releases of dioxin-like compounds from regulated industrial sources between
the years 1987 and 2000, and that the open burning of residential refuse in backyard burn barrels was the largest source
in 2000 that could be reliably quantified. This revised draft is an update to the 2006 report and reflects the additional
consideration of pre-2006 peer review. This update does not expand the scope of the document beyond the three
reference years covered in the 2006 document or earlier drafts: 1987, 1995, and 2000. Changes in the updated report
reflect the addition of previously unquantified sources and adjustments to emission factors, for example those used for
municipal and medical waste incinerators. The largest source added to the inventory was emissions to air from forest
fires, a source previously classified as preliminary and not included in the quantitative inventory. The updated inventory
lists the top three air sources in the year 2000 as forest fires, backyard barrel burning of refuse, and medical waste
incinerators. EPA intends to forward the public comments that are submitted in accordance with this notice to Versar to
distribute to the external peer-reviewers for their consideration during the letter peer-review. When finalizing the draft
document, EPA intends to consider any public comments received in accordance with this notice. EPA is releasing this
draft assessment for the purposes of public comment and peer review. This draft assessment is not final as described in
EPA’s information quality guidelines, and it does not represent and should not be construed to represent Agency policy
or views. The draft document is available via the Internet on the NCEA home page under the Recent Additions and the
Data and Publications menus at http://www.epa.gov/ncea.

Meeting of the National Drinking Water Advisory Council [FR DOC# 2013-19080] SUMMARY: The U.S. Environmental
Protection Agency is announcing a meeting of the National Drinking Water Advisory Council (Council), established under
the Safe Drinking Water Act (SDWA). This meeting is scheduled for October 9 and 10, 2013, in Arlington, VA. The
Council typically considers various issues associated with drinking water protection and public water systems. During
this meeting, the Council will focus discussions on the proposed regulatory revisions to the Lead and Copper Rule under
the SDWA as well as other program issues.

 

 

PROPOSED RULES

Approval and Promulgation of Air Quality Implementation Plans; Ohio; Redesignation of the Canton-Massillon Area to
Attainment of the 1997 Annual and 2006 24-Hour Standards for Fine Particulate Matter [FR DOC# 2013-18951]
SUMMARY: On June 26, 2012, the Ohio Environmental Protection Agency submitted a request for EPA to redesignate
the Canton-Massillon area (Stark County), Ohio, nonattainment area to attainment of the 1997 annual and 2006 24-hour
standards for fine particulate matter (PM<INF>2.5</INF>). EPA is proposing to grant Ohio’s request. EPA is proposing to
determine that the Canton-Massillon area attains the 1997 annual and the 2006 24-hour PM<INF>2.5</INF> standard,
based on the most recent three years of certified air quality data. EPA is proposing to approve, as revisions to the Ohio
state implementation plan (SIP), the state’s plan for maintaining the 1997 annual and 2006 24-hour PM<INF>2.5</INF>
national ambient air quality standard (NAAQS or standard) through 2025 for the area. EPA is proposing to approve the
2005 and 2008 emissions inventories for the Canton-Massillon area as meeting the comprehensive emissions inventory
requirement of the Clean Air Act (CAA or Act). Ohio’s maintenance plan submission includes a motor vehicle emission
budget (MVEB) for the mobile source contribution of PM<INF>2.5</INF> and nitrogen oxides (NO<INF>X</INF>) to the
Canton- Massillon area for transportation conformity purposes; EPA is proposing to approve the MVEBs for 2015 and
2025 into the Ohio SIP for transportation conformity purposes.

Approval and Promulgation of Air Quality Implementation Plans; Illinois; Redesignation of the Chicago Area to Attainment
of the 1997 Annual Fine Particulate Matter Standard [FR DOC# 2013-18948] SUMMARY: EPA is proposing to grant a
redesignation request and State Implementation Plan (SIP) revision request submitted by the state of Illinois on October
15, 2010, and supplemented on September 16, 2011, and May 6, 2013. The Illinois Environmental Protection Agency
(IEPA) requested EPA to redesignate the Illinois portion of the Chicago-Gary- Lake County, Illinois-Indiana (IL-IN)
nonattainment area to attainment of the 1997 annual fine particulate matter (PM<INF>2.5</INF>) National Ambient Air
Quality Standard (NAAQS or standard) and requested EPA approval of Illinois’ PM<INF>2.5</INF> maintenance plan and
PM<INF>2.5</INF>-related emission inventories for this area as revisions of the Illinois SIP. The Illinois portion (Chicago
area) of this nonattainment area is: Cook, DuPage, Kane, Lake, McHenry, and Will Counties, Aux Sable and Goose Lake
Townships in Grundy County, and Oswego Township in Kendall County. EPA is proposing to grant the state’s
redesignation request and to approve the requested Illinois SIP revisions, including the state’s plan for maintaining
attainment of the 1997 annual PM<INF>2.5</INF> NAAQS in this area through 2025. EPA is also proposing to approve
Illinois’ 2008 and 2025 Nitrogen Oxides (NO<INF>X</INF>) and PM<INF>2.5</INF> Motor Vehicle Emission Budgets
(MVEBs) for the Chicago area. Finally, EPA is proposing to approve Illinois’ 2002 NO<INF>X</INF>, Sulfur Dioxide
(SO<INF>2</INF>), Volatile Organic Compound, ammonia, and primary PM<INF>2.5</INF> emission inventories for this
area. In the context of this proposal to redesignate the Chicago area, EPA addresses a number of additional issues,
including the effects of two decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit or
Court): The Court’s August 21, 2012, decision to vacate and remand to EPA the Cross-State Air Pollution Rule (CSAPR);
and the Court’s January 4, 2013, decision to remand to EPA two final rules implementing the 1997 PM<INF>2.5</INF>
standard.

 

 

RULES

Significant New Use Rules on Certain Chemical Substances [FR DOC# 2013-18982] SUMMARY: EPA is promulgating
significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 53 chemical substances which
were the subject of premanufacture notices (PMNs). Seven of these chemical substances are subject to TSCA section 5
(e) consent orders issued by EPA. This action requires persons who intend to manufacture or process any of these 53
chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days
before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended
use and, if necessary, to prohibit or limit that activity before it occurs.

Topramezone; Pesticide Tolerances [FR DOC# 2013-18975] SUMMARY: This regulation establishes tolerances for
residues of topramezone in or on multiple commodities which are identified and discussed later in this document. BASF
Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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