Federal Register Proposed Rules, Rules and Notices for October 25,2013

October 25,2013

NOTICES

Environmental Impact Statements; Notice of Availability [FR DOC# 2013-25273]

Proposed CERCLA Settlements Relating to the Truckers Warehouse Site in Passaic, Passaic County, New
Jersey [FR DOC# 2013-25264] SUMMARY: In accordance with Section 122(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), notice is
hereby given by the U.S. Environmental Protection Agency (“EPA”), Region 2, of three proposed
Administrative Settlement Agreements for Recovery of Past Response Costs (“Agreements”) pursuant
to Section 122(h)(1) of CERCLA, with (1) RJS Corp.; (2) Your Factory Warehouse, Inc., Douglas Marino
and Mark Marino; and (3) A&S Corporation and Marie Andre (“Settling Parties”). The Settling
Parties are potentially responsible parties, pursuant to Section 107(a) of CERCLA, and thus are
potentially liable for response costs incurred at or in connection with the Truckers Warehouse Site
(“Site”), located in Passaic, Passaic County, New Jersey. Under the Agreements, the Settling
Parties agree to pay a total of $108,748.20 to EPA for past response costs. EPA will consider all
comments received and may modify or withdraw its consent to the Agreements if comments received
disclose facts or considerations that indicate that the proposed Agreements are inappropriate,
improper, or inadequate. EPA’s response to any comments received will be available for public
inspection at EPA Region 2 offices, 290 Broadway, New York, New York 10007-1866.

 

PROPOSED RULES

Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to Rules and
Regulations for Control of Air Pollution; Permitting of Grandfathered Facilities [FR DOC# 2013-
25262] SUMMARY: The EPA is proposing to approve revisions of the Texas State Implementation Plan
submitted by the Texas Commission on Environmental Quality (TCEQ, or Commission) on July 31, 2002;
September 4, 2002; and March 1, 2004. These revisions require that all grandfathered facilities
obtain specific permits which include emission control methods to achieve mandated emission
reductions, as required, or shutdown; and require that emissions from dockside vessels which result
from operations at grandfathered land-based facilities be included in specific permits. The
revisions also outline additional permitting procedures for certain grandfathered pipeline equipment
located in an ozone nonattainment area. These permitting requirements and emissions reductions will
contribute to achieving attainment and help ensure attainment and continued maintenance of the
National Ambient Air Quality Standards (NAAQS) for ozone in the State of Texas. EPA is proposing the
revisions under section 110, part C, and part D of the Act, and EPA’s regulations.

Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revised Ambient Air Quality
Standards for Fine Particulate Matter [FR DOC# 2013-25044] SUMMARY: EPA proposes to approve State
Implementation Plan (SIP) revisions submitted by the Commonwealth of Virginia adding ambient air
quality standards and associated reference conditions for Fine Particulate Matter (PM<INF>2.5</INF>)
that are consistent with the 2013 National Ambient Air Quality Standards (NAAQS) for
PM<INF>2.5</INF>. In the Final Rules section of this Federal Register, EPA is approving the State’s
SIP submittal as a direct final rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. 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.

Approval of Air Quality Implementation Plans; California; El Dorado County Air Quality Management
District; Reasonably Available Control Technology for Ozone [FR DOC# 2013-25260] SUMMARY:EPA is
proposing to approve a State Implementation Plan (SIP) revision submitted by California for the El
Dorado County Air Quality Management District (EDAQMD) portion of the California SIP. The submitted
SIP revision contains the District’s demonstrations regarding Reasonably Available Control
Technology (RACT) requirements for the 1997 8-hour ozone National Ambient Air Quality Standards
(NAAQS). We are proposing to approve the submitted SIP revision under the Clean Air Act as amended
in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final
action.

Approval and Promulgation of Implementation Plans; Approval and Promulgation of State Air Quality
Plans for Designated Facilities and Pollutants, State of Iowa; Control of Emissions From Existing
Hospital/Medical/Infectious Waste Incinerator Units, Negative Declaration and 111(d) Plan
Rescission; Approval and Promulgation of Operating Permits Program, State of Iowa [FR DOC# 2013-
24865] SUMMARY: EPA is proposing to approve, through direct final rulemaking, revisions to the State
of Iowa’s State Implementation Plan (SIP), Title V program and Clean Air Act (CAA) section 111(d)
Plan. The purpose of these revisions is to make general updates to existing state air quality rules,
approve an exemption from constructing permitting for engines used in periodic pipeline testing,
approve changes to State rules regarding regional haze requirements, and to approve adoption of
Federal regulations including the National Ambient Air Quality Standards (NAAQS) for 2008 Ozone,
2008 Lead, and 2010 Nitrogen Dioxide. EPA is proposing approval of the SIP provisions pursuant to
section 110 of the CAA. EPA is also proposing to approve the State of Iowa’s negative declaration
and withdrawal of its section 111(d)/129 plan for Hospital Medical Infectious Waste Incinerators
(HMIWI) units. EPA is proposing approval of these actions pursuant to section 111 of the CAA. EPA is
also proposing to approve two minor administrative changes to the Title V program, pursuant to
section 500 of the CAA.

Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various
Commodities [FR DOC# 2013-25267] SUMMARY: This document announces the Agency’s receipt of several
initial filings of pesticide petitions requesting the establishment or modification of regulations
for residues of pesticide chemicals in or on various commodities.

 

 

RULES

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Infrastructure Requirements
for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards [FR DOC# 2013-25025] SUMMARY:
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. The
SIP revision addresses the infrastructure elements of the Clean Air Act (CAA), necessary to
implement, maintain, and enforce the 2010 nitrogen dioxide (NO<INF>2</INF>) national ambient air
quality standard (NAAQS). EPA is approving this SIP revision in accordance with the requirements of
the CAA.

Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revised Ambient Air Quality
Standards for Fine Particulate Matter [FR DOC# 2013-25043] SUMMARY: EPA is taking direct final
action to approve revisions to the Commonwealth of Virginia State Implementation Plan (SIP). The
revisions add ambient air quality standards and associated reference conditions for Fine Particulate
Matter (PM<INF>2.5</INF>) that are consistent with the 2013 National Ambient Air Quality Standards
(NAAQS) for PM<INF>2.5</INF>. EPA is approving these revisions in accordance with the requirements
of the Clean Air Act (CAA).

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determinations of
Attainment of the 1997 Annual Fine Particulate Standards for the Liberty-Clairton Nonattainment Area
[FR DOC# 2013-25040] SUMMARY: EPA is making two separate and independent determinations regarding
the Liberty-Clairton, Pennsylvania 1997 annual fine particulate (PM<INF>2.5</INF>) nonattainment
area (the Liberty-Clairton Area). First, EPA is determining that the Liberty-Clairton Area attained
the 1997 PM<INF>2.5</INF> annual national ambient air quality standards (NAAQS) by the applicable
attainment date, December 31, 2011. This determination is based on quality assured and certified
ambient air quality date for the 2009-2011 monitoring period. Second, EPA is determining that the
Liberty-Clairton Area has continued to attain the 1997 annual PM<INF>2.5</INF> NAAQS, based on
quality-assured and certified ambient air quality data for the 2010-2012 monitoring period. The
latter “clean data determination” suspends the requirement for the Liberty-Clairton Area to submit
an attainment demonstration, reasonably available control measures (RACM), reasonable further
progress (RFP), and contingency measures related to attainment of the 1997 annual PM<INF>2.5</INF>
NAAQS for so long as the area continues to attain the 1997 annual PM<INF>2.5</INF> NAAQS. These
determinations do not constitute a redesignation to attainment. The Liberty-Clairton Area will
remain designated nonattainment for the 1997 annual PM<INF>2.5</INF> NAAQS until such time as EPA
determines that the Liberty-Clairton Area meets the Clean Air Act (CAA) requirements for
redesignation to attainment, including an approved maintenance plan. These actions are being taken
under the CAA.

Approval and Promulgation of Implementation Plans; Approval and Promulgation of State Air Quality
Plans for Designated Facilities and Pollutants, State of Iowa; Control of Emissions From Existing
Hospital/Medical/Infectious Waste Incinerator Units, Negative Declaration and 111(d) Plan
Rescission; Approval and Promulgation of Operating Permits Program, State of Iowa [FR DOC# 2013-
24864] SUMMARY: EPA is approving, through direct final rulemaking, revisions to the State of Iowa’s
State Implementation Plan (SIP), Title V program, and Clean Air Act (CAA) section 111(d) plan. The
purpose of these revisions is to make general updates to existing state air quality rules, approve
an exemption from constructing permitting for engines used in periodic pipeline testing, approve
changes to state rules regarding regional haze requirements, and to approve adoption of Federal
regulations including the National Ambient Air Quality Standards (NAAQS) for 2008 Ozone, 2008 Lead,
and 2010 Nitrogen Dioxide. EPA is approving the SIP provisions pursuant to section 110 of the CAA.
EPA is also taking direct final action to approve a Hospital Medical Infectious Waste Incinerators
(HMIWI) section 111(d) negative declaration from the State of Iowa which certifies that HMIWIs,
subject to the requirements of sections 111(d) and 129 of the CAA, do not exist in the State; and
approving the rescission of its section 111(d)/129 plan and emission guidelines for HMIWI units. EPA
is approving these actions pursuant to section 111 of the CAA. EPA is also approving two minor
administrative changes to the Title V program, pursuant to section 500 of the CAA.

Promulgation of State Implementation Plan Revisions; Revision to Prevention of Significant
Deterioration Program; Infrastructure Requirements for the 1997 and 2006 PM2. [FR DOC# 2013-24889]
SUMMARY: EPA is partially approving and partially disapproving State Implementation Plan (SIP)
submissions from the State of Utah to demonstrate that the SIP meets the infrastructure requirements
of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for
fine particulate matter (PM<INF>2.5</INF>) on July 18, 1997 and on October 17, 2006. The CAA
requires that each state, after a new or revised NAAQS is promulgated, review their SIPs to ensure
that they meet infrastructure requirements. The State of Utah provided infrastructure SIP
submissions on April 17, 2008 for the 1997 PM<INF>2.5</INF> NAAQS and September 21, 2010 for the
2006 PM<INF>2.5</INF> NAAQS. In addition, EPA is approving portions of SIP revisions submitted by
the State of Utah on March 14, 2012. This submission revises Utah’s Prevention of Significant
Deterioration (PSD) program to incorporate the required elements of the 2008 PM<INF>2.5</INF> New
Source Review (NSR) Implementation Rule and the 2010 PM<INF>2.5</INF> Increment Rule.

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