Federal Register Proposed Rules, Rules and Notices July 11,2013

July 11,2013

NOTICES

Agency Information Collection Activities OMB Responses [FR DOC# 2013-16637]
SUMMARY: This document announces the Office of Management and Budget (OMB)
responses to Agency Clearance requests, in compliance with the Paperwork
Reduction Act (44 U.S.C. 3501 et. seq.). 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. The
OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48
CFR chapter 15.

Information Collection Request Submitted to OMB for Review and Approval;
Comment Request; NESHAP for Organic Liquids Distribution (Non-Gasoline)
Facilities (Renewal) [FR DOC# 2013-16636] SUMMARY: The Environmental
Protection Agency has submitted an information collection request (ICR),
“NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR
Part 63, Subpart EEEE) (Renewal)” (EPA ICR No. 1963.05, OMB Control No.
2060-0539) 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 September 30, 2013. Public comments were previously requested via
the Federal Register (77 FR 63813) on October 17, 2012, 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.

Farm, Ranch, and Rural Communities Committee Teleconference [FR DOC# 2013-
16660] SUMMARY: Under the Federal Advisory Committee Act, Public Law 92-
463, EPA gives notice of a teleconference meeting of the Farm, Ranch, and
Rural Communities Committee (FRRCC). The FRRCC is a policy-oriented
committee that provides policy advice, information, and recommendations to
the EPA Administrator on a range of environmental issues and policies that
are of importance to agriculture and rural communities. Purpose of Meeting:
The purpose of this teleconference is to discuss specific topics of
relevance for consideration by the Committee in order to provide advice and
insights to the Agency on environmental policies and programs that affect
and engage agriculture and rural communities.

 
PROPOSED RULES

Approval and Promulgation of Air Quality Implementation Plans; Indiana;
Redesignation of the Indiana Portion of the Louisville Area to Attainment
of the 1997 Annual Standard for Fine Particulate Matter [FR DOC# 2013-
16659] SUMMARY: On June 16, 2011, the Indiana Department of Environmental
Management (IDEM) submitted a request for EPA to approve the redesignation
of the Indiana portion of the Louisville (KY-IN) (Madison Township,
Jefferson County and Clark and Floyd Counties) nonattainment area to
attainment of the 1997 annual standard for fine particulate matter
(PM<INF>2.5</INF>). EPA is proposing to determine that the entire
Louisville area has attained the 1997 annual 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 Indiana state implementation plan
(SIP), the state’s plan for maintaining the 1997 annual PM<INF>2.5</INF>
National Ambient Air Quality Standard (NAAQS or standard) through 2025 in
the area. EPA is proposing to approve the 2008 emissions inventory for the
Indiana portion of the Louisville area as meeting the comprehensive
emissions inventory requirement of the Clean Air Act (CAA or Act).
Indiana’s maintenance plan submission includes motor vehicle emission
budgets (MVEBs) for the mobile source contribution of PM<INF>2.5</INF> and
nitrogen oxides (NO<INF>X</INF>) in the Louisville area for transportation
conformity purposes; EPA is proposing to approve the MVEBs for 2015 and
2025 into the Indiana SIP for transportation conformity purposes. In this
proposal, EPA is also proposing to approve a supplement to the emission
inventories previously submitted by the state. EPA is proposing that the
inventories for ammonia and volatile organic compounds (VOC), in
conjunction with the inventories for NO<INF>X</INF>, direct
PM<INF>2.5,</INF> and sulfur dioxide (SO<INF>2</INF>) that EPA previously
proposed to approve, meet the comprehensive emissions inventory requirement
of the CAA.

Approval and Promulgation of Air Quality Implementation Plans; Ohio;
Redesignation of the Ohio Portion of the Steubenville-Weirton Area to
Attainment of the 1997 Annual and 2006 24-Hour Standards for Fine
Particulate Matter [FR DOC# 2013-16658] SUMMARY: On April 16, 2012, and May
25, 2012, the Ohio Environmental Protection Agency submitted a request
under the Clean Air Act (CAA or Act) for EPA to grant the redesignation of
the Ohio portion of the Steubenville-Weirton area (Jefferson County), West
Virginia-Ohio (Brooke and Hancock counties) (WV-OH), 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 determine that
the entire Steubenville-Weirton area attains both 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 Standards (NAAQS or standard) through 2025 in the Ohio
portion of the area. EPA is proposing to approve 2005 and 2008 emission
inventories for the Ohio portion of the Steubenville- Weirton area as
meeting the comprehensive emissions inventory requirement of the CAA. In
this proposal, EPA is also proposing to approve a supplement to the
emission inventories previously submitted by the state. EPA is proposing
that the inventories for ammonia and volatile organic compounds (VOC), in
conjunction with the inventories for nitrogen oxides (NO<INF>X</INF>),
direct PM<INF>2.5</INF>, and sulfur dioxide (SO<INF>2</INF>) that EPA
previously proposed to approve, meet the comprehensive emissions inventory
requirement of the CAA. Ohio’s maintenance plan submission includes a motor
vehicle emission budget (MVEB) for the mobile source contribution of
PM<INF>2.5</INF> and NO<INF>X</INF> to the Steubenville-Weirton area for
transportation conformity purposes; EPA is proposing to approve the MVEBs
for 2015 and 2025 into the Ohio SIP for transportation conformity purposes.

Chemical Substances and Mixtures Used in Oil and Gas Exploration or
Production; TSCA Section 21 Petition; Reasons for Agency Response [FR DOC#
2013-16485] SUMMARY: On August 4, 2011, Earthjustice and 114 other
organizations petitioned EPA under section 21 of the Toxic Substances
Control Act (TSCA) to use: TSCA section 8(a) to require manufacturers and
processors of oil and gas exploration and production (E&P) chemical
substances and mixtures to maintain certain records and submit reports on
those records; TSCA section 8(d) to require manufacturers, processors, and
distributors to submit to EPA existing health and safety studies related to
E&P chemical substances and mixtures; TSCA section 8(c) to request
submission of copies of any information related to significant adverse
reactions to human health or the environment alleged to have been caused by
E&P chemical substances and mixtures; and TSCA section 4 to require
manufacturers and processors of E&P chemical substances and mixtures to
conduct toxicity testing of E&P chemical substances and mixtures. In a
letter dated November 2, 2011, EPA informed petitioners that it denied the
TSCA section 4 request and in a letter dated November 23, 2011, EPA
informed petitioners that it granted in part the TSCA section 8(a) and 8(d)
requests. This document sets forth EPA’s reasons for denying in part the
petitioners’ requests. In addition, EPA has concluded that TSCA section 21
does not apply to requests for a TSCA section 8(c) data call-in.

Source Specific Federal Implementation Plan for Implementing Best Available
Retrofit Technology for Four Corners Power Plant; Navajo Nation; Extension
of Notification Deadline [FR DOC# 2013-16078] SUMMARY: On August 24, 2012,
EPA took final action to promulgate a Federal Implementation Plan (FIP) to
implement the Best Available Retrofit Technology (BART) requirement of the
Regional Haze Rule for the Four Corners Power Plant (FCPP), located on the
Navajo Nation. EPA’s final action required the owners of FCPP to choose
between two strategies for compliance: compliance with the emission limits
in EPA’s final BART determination; or compliance with an alternative to
BART, originally put forth by the owners of FCPP, that included closure of
Units 1, 2, and 3 at FCPP and installation of new air pollution controls to
meet BART limits on Units 4 and 5. EPA’s final action required the owners
of FCPP to provide notification to EPA by July 1, 2013, of its selection of
which BART compliance strategy it would implement at FCPP. On June 19,
2013, Arizona Public Service (APS), the operator and a co-owner of FCPP,
requested that EPA extend the notification date from July 1 to December 31,
2013, due to new uncertainties that complicate its decision related to BART
compliance. These uncertainties result from a recent decision by the
Arizona Corporation Commission to explore retail competition of the
electricity market in Arizona. Because the basis provided by APS for an
extended notification date is reasonable and justified given the
uncertainties in the electrical market in Arizona, EPA is proposing to
extend the date by which APS must notify EPA of its BART compliance
strategy, from July 1, 2013 to December 31, 2013. EPA is not proposing to
amend any other requirements in the FIP for FCPP.

 
RULES

Approval and Promulgation of Air Quality Implementation Plans; Indiana;
Redesignation of the Indianapolis Area to Attainment of the 1997 Annual
Standard for Fine Particulate Matter [FR DOC# 2013-16478] SUMMARY: EPA is
approving Indiana’s request to redesignate the Indianapolis, Indiana
nonattainment area (Hamilton, Hendricks, Johnson, Marion, and Morgan
Counties) to attainment for the 1997 annual National Ambient Air Quality
Standard (NAAQS or standard) for fine particulate matter (PM<INF>2.5</INF>)
because the request meets the statutory requirements for redesignation
under the Clean Air Act (CAA). The Indiana Department of Environmental
Management (IDEM) submitted this request to EPA on October 20, 2009, and
supplemented it on May 31, 2011, January 17, 2013, and March 18, 2013.
EPA’s approval involves several related actions. EPA is making a
determination that the Indianapolis area has attained the 1997 annual
PM<INF>2.5</INF> standard. EPA is approving, as a revision to the Indiana
State Implementation Plan (SIP), the state’s plan for maintaining the 1997
annual PM<INF>2.5</INF> NAAQS through 2025 in the area. EPA is approving
the comprehensive emissions inventories submitted by IDEM for Nitrogen
Oxides (NO<INF>X</INF>), Sulfur Dioxide (SO<INF>2</INF>), primary
PM<INF>2.5</INF>, Volatile Organic Compounds (VOC), and ammonia as meeting
the requirements of the CAA. Finally, EPA finds adequate and is approving
Indiana’s NO<INF>X</INF> and PM<INF>2.5</INF> Motor Vehicle Emission
Budgets (MVEBs) for 2015 and 2025 for the Indianapolis area.

Regulation of Fuels and Fuel Additives: Additional Qualifying Renewable
Fuel Pathways Under the Renewable Fuel Standard Program; Final Rule
Approving Renewable Fuel Pathways for Giant Reed (Arundo Donax) and Napier
Grass (Pennisetum Purpureum) [FR DOC# 2013-16488] SUMMARY: This final rule
approves pathways for production of renewable fuel from giant reed (Arundo
donax) and napier grass (Pennisetum purpureum) as feedstocks. These
pathways are for cellulosic biofuel, for purposes of the Renewable Fuel
Standard Program (RFS), under Clean Air Act (CAA) as amended by the Energy
Independence and Security Act of 2007 (EISA). EPA has determined that
renewable fuel made from napier grass and giant reed meet the greenhouse
gas (GHG) reduction requirements for cellulosic biofuel under the
requirements of the RFS program. In response to comments on the proposal
concerning the potential for these crops to behave as invasive species, EPA
is adopting additional registration, recordkeeping, and reporting
requirements that were developed to address the potential for GHG emissions
related to these concerns. Approval of these pathways combined with the
related provisions will create additional opportunities for regulated
parties to comply with the advanced and cellulosic renewable fuel
requirements of the RFS program, while ensuring that these feedstocks do
not pose a significant likelihood of spread into areas outside the intended
planting area.

 

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