Federal Register Proposed Rules, Rules and Notices for October 22,2013

October 22,2013

NOTICES

Proposed Information Collection Request; Comment Request; Clean Water Act Section 404
State-Assumed Programs (Renewal) [FR DOC# 2013-24693] SUMMARY: The Environmental
Protection Agency is planning to submit an information collection request (ICR), “Clean Water Act
Section 404 State-Assumed Programs” (EPA ICR No. 0220.12, OMB Control No. 2040- 0168) 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. This is
a proposed extension of the ICR, which is currently approved through January 31, 2014. 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
Information Collection Request Submitted to OMB for Review and Approval; Comment Request;
NSPS for Magnetic Tape Coating Facilities (Renewal) [FR DOC# 2013-24575] SUMMARY: The
Environmental Protection Agency has submitted an information collection request (ICR), “NSPS
for Magnetic Tape Coating Facilities (40 CFR part 60, subpart SSS) (Renewal)” (EPA ICR No.
1135.11, OMB Control No. 2060-0171), 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). This is a
proposed extension of the ICR, which is currently approved through November 30, 2013. Public
comments were previously requested via the Federal Register (78 FR 33409) on June 4, 2013,
during a 60-day comment period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its estimated burden and cost
to the public. 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.
Vantran Electric Corporation Site, Louisville, Jefferson County, GA; Notice of Settlement [FR
DOC# 2013-24691] SUMMARY: Under 122(h) of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency
has entered into a settlement with the Vantran Electric Corporation addressing past costs
concerning the Vantran Electric Corporation Site located in Louisville, Jefferson County, Georgia.
The settlement addresses costs from a fund-lead Removal Action taken by EPA at the Site.

 
PROPOSED RULES

Approval of Air Quality Implementation Plans; Navajo Nation; Regional Haze Requirements for
Navajo Generating Station; Supplemental Proposal [FR DOC# 2013-24281] SUMMARY: On
February 5, 2013, EPA published its proposed source- specific Federal Implementation Plan
(FIP) requiring the Navajo Generating Station (NGS), located on the Navajo Nation, to reduce
emissions of oxides of nitrogen (NO<INF>X</INF>) under the Best Available Retrofit Technology
(BART) provision of the Clean Air Act (CAA or Act). EPA proposed the BART FIP to reduce
visibility impairment caused by NGS at 11 National Parks and Wilderness Areas. EPA’s proposed
FIP included: (1) A proposed BART determination; (2) A proposed “better than BART” alternative
that achieves greater reasonable progress towards the national visibility goals than BART; and (3)
a framework for evaluating additional alternatives to BART. This framework for evaluating
additional alternatives was included in the proposal due to the unique purpose and history of
NGS and the numerous stakeholder interests in it. On March 19, 2013 and June 19, 2013, EPA
provided two extensions of the public comment period based on requests of several
stakeholders who were actively working to develop an alternative to BART. On July 26, 2013, a
group of stakeholders, known as the Technical Work Group (TWG), submitted to EPA their
suggested alternative to BART (the “TWG Alternative”). The TWG Alternative establishes a
lifetime cap in NO<INF>X</INF> emissions over 2009-2044 (the 2009-2044 NO<INF>X</INF> Cap)
that is equivalent to the cumulative NO<INF>X</INF> emissions over 2009-2044 that NGS would
emit under EPA’s proposed BART determination of 0.055 lb/MMBtu achieved within five years of
the final rule. Due to on-going lease and ownership uncertainties, the operators of NGS cannot yet
commit to a single course of action for maintaining emissions below the 2009-2044
NO<INF>X</INF> Cap. The TWG Alternative therefore includes several alternative operating
scenarios for meeting the 2009-2044 NO<INF>X</INF> Cap. EPA did not participate in the TWG or
assist in developing the TWG Alternative, and has independently evaluated the TWG Alternative
to determine if it meets the requirements of the CAA and the Regional Haze Rule (RHR). In this
action, EPA is proposing to determine that the TWG Alternative is “better than BART” because
maintaining emissions below the 2009-2044 NO<INF>X</INF> Cap, as provided in the TWG
Alternative, achieves greater reasonable progress than EPA’s proposed BART determination
towards the national visibility goal. EPA is accepting comment concurrently on today’s
Supplemental Proposal and our proposal from February 5, 2013.
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure
Requirements for the 2008 Lead National Ambient Air Quality Standards and State Board
Requirements [FR DOC# 2013-24124] SUMMARY: EPA proposes to approve the State
Implementation Plan (SIP) revision submitted by the District of Columbia (hereafter “the District”)
pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality
standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the
implementation, maintenance, and enforcement of such NAAQS. The plan is required to address
basic program elements including, but not limited to, regulatory structure, monitoring, modeling,
legal authority, and adequate resources necessary to assure attainment and maintenance of the
NAAQS. These elements are referred to as infrastructure requirements. The District has made a
submittal addressing the infrastructure requirements for the 2008 lead (Pb) NAAQS (“the
infrastructure submittal”) and a separate submittal addressing requirements in relation to State
Boards. This action is being taken under the CAA. In the Final Rules section of this Federal
Register, EPA is approving the District’s SIP submittals as a direct final rule without prior proposal
because the Agency views these as noncontroversial submittals and anticipates no adverse
comments. A more detailed description of the District’s submittals and EPA’s evaluation are
included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A
copy of the TSD is available, upon request, from the EPA Regional Office listed in the
ADDRESSES section of this document. If no adverse comments are received in response to this
action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.

 
RULES

Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of 2,3,3,3-
tetrafluoropropene [FR DOC# 2013-23783] SUMMARY: The EPA is taking final action to revise
the regulatory definition of volatile organic compounds (VOCs) for purposes of preparing state
implementation plans (SIPs) to attain the national ambient air quality standards (NAAQS) for ozone
under title I of the Clean Air Act (CAA). This final action adds 2,3,3,3-tetrafluoropropene (also
known as HFO-1234yf) to the list of compounds excluded from the regulatory definition of VOCs
on the basis that this compound makes a negligible contribution to tropospheric ozone formation.
As a result, if you are subject to certain federal regulations limiting emissions of VOCs, your
emissions of HFO-1234yf may not be regulated for some purposes. This action may also affect
whether HFO-1234yf is considered a VOC for state regulatory purposes, depending on whether
the state relies on the EPA’s regulatory definition of VOCs.
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure
Requirements for the 2008 Lead National Ambient Air Quality Standards and State Board
Requirements [FR DOC# 2013-24125] SUMMARY: EPA is taking direct final action to approve two
State Implementation Plan (SIP) revisions submitted by the District of Columbia (hereafter “the
District”) pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air
quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the
implementation, maintenance, and enforcement of such NAAQS. The plan is required to address
basic program elements including, but not limited to, regulatory structure, monitoring, modeling,
legal authority, and adequate resources necessary to assure attainment and maintenance of the
NAAQS. These elements are referred to as infrastructure requirements. The District made a
submittal addressing the infrastructure requirements for the 2008 lead (Pb) NAAQS and a separate
submittal addressing requirements in relation to State Boards. EPA is approving portions of the
infrastructure requirements for the 2008 lead NAAQS and the requirements addressing State
Boards for the District in accordance with the requirements of the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Redesignation of the
Canton-Massillon Area to Attainment of the 1997 Annual Standard and the 2006 24-Hour Standard
for Fine Particulate Matter [FR DOC# 2013-24282] SUMMARY: EPA is approving, under the Clean
Air Act (CAA), the state of Ohio’s request to redesignate the Canton-Massillon nonattainment area
(Canton), Stark County, to attainment of the 1997 annual and 2006 24- hour national ambient air
quality standards (NAAQS or standards) for fine particulate matter (PM<INF>2.5</INF>). On June
26, 2012, the Ohio Environmental Protection Agency (OEPA) submitted a request for EPA to
redesignate the Canton nonattainment area. EPA determined that the Canton area has attained the
1997 annual and 2006 24-hour PM<INF>2.5</INF> standards, and proposed on August 7, 2013, to
approve Ohio’s request to redesignate the area. EPA is taking final action today on that proposal.
EPA is also taking final action in this rulemaking on several related proposals. EPA is approving,
as a revision 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> NAAQS in the area through 2025. Finally, EPA finds
adequate and is approving Ohio’s nitrogen oxides (NO<INF>X</INF>) and PM<INF>2.5</INF>
motor vehicle emission budgets (MVEBs) for 2015 and 2025 for the Canton area. EPA is also
approving the 2005 and 2008 emissions inventories for primary PM<INF>2.5</INF>,
NO<INF>X</INF>, sulfur dioxide (SO<INF>2</INF>), volatile organic compounds (VOCs) and
ammonia for the area. EPA, therefore, grants Ohio’s request to redesignate the Canton area to
attainment for the 1997 annual and 2006 24-hour PM<INF>2.5</INF> standards.
Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel Standard Program [FR
DOC# 2013-24280] SUMMARY: In this final rule EPA is amending the definition of “heating oil” in
the regulations for the Renewable Fuel Standard (RFS) program under section 211(o) of the Clean
Air Act. This amendment expands the scope of renewable fuels that can be used to show
compliance with the RFS renewable fuel volume obligations by adding an additional category of
compliant renewable fuel referred to as “fuel oils,” produced from qualifying renewable biomass
and used to generate heat to warm buildings or other facilities where people live, work, recreate,
or conduct other activities. Producers or importers of fuel oil that meets the amended definition of
heating oil will be allowed to generate Renewable Identification Numbers (RINs), provided that the
fuel oil meets all other requirements specified in the RFS regulations. Fuel oils used to generate
process heat, power, or other functions are not included in this additional category of heating oil.
All fuels previously included in the definition of heating oil continue to be included as heating oil
for purposes of the RFS program. We are also finalizing specific registration, reporting, product
transfer document, and recordkeeping requirements applicable specifically to these fuel oils,
necessary to demonstrate that the fuel oil volume for which RINs were generated was or will be
used to heat buildings for climate control for human comfort prior to generating RINs. The final rule
is being adopted with only minor changes from the rule proposed on October 9, 2012, and
responses to public comments are provided.
Perfluoroalkyl Sulfonates and Long-Chain Perfluoroalkyl Carboxylate Chemical Substances; Final
Significant New Use Rule [FR DOC# 2013-24651] SUMMARY: Under the Toxic Substances
Control Act (TSCA), EPA is amending a significant new use rule (SNUR) for perfluoroalkyl
sulfonate (PFAS) chemical substances to add PFAS chemical substances that have completed
the TSCA new chemical review process, but have not yet commenced production or import and
is designating (for all listed PFAS chemical substances) processing as a significant new use.
EPA is also finalizing a SNUR for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical
substances that designates manufacturing (including importing) and processing for use as part of
carpets or for treating carpet (e.g., for use in the carpet aftercare market) as a significant new use,
except for use of two chemical substances as a surfactant in carpet cleaning products. For this
SNUR, EPA is also making an exemption inapplicable to persons who import or process the
LCPAC chemical substances as part of an article. Persons subject to these SNURs will be
required to notify EPA at least 90 days before commencing any significant new use. The required
notifications will provide EPA with the opportunity to evaluate the intended use and, if necessary,
to prohibit or limit that activity before it occurs.

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