Regulatory Updates

Managing Emissions From Oil and Natural Gas Production in Indian Country
Citation: Proposed Rule for 40 CFR Part 49
Reference: 07/17/2014 79 FR 41665-41666 (Vol. 79, No. 137)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The Environmental Protection Agency is announcing that the period for providing public comments on the June 5, 2014, advanced notice of proposed rulemaking for "Managing Emissions from Oil and Natural Gas Production in Indian Country" is being extended by 30 days.

National Emission Standards for Hazardous Air Pollutants: Off-Site Waste and Recovery Operations
Citation: Proposed Rule for 40 CFR Part 63
Reference: 07/02/2014 79 FR 37850-37985 (Vol. 79, No. 127)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The Environmental Protection Agency (EPA) is proposing amendments to the national emission standards for hazardous air pollutants (NESHAP) for off-site waste and recovery operations (OSWRO) to address the results of the residual risk and technology review (RTR) conducted under the Clean Air Act (CAA). In light of our residual risk and technology review, we are proposing to amend the requirements for leak detection and repair and the requirements for certain tanks. In addition, the EPA is proposing amendments to revise regulatory provisions pertaining to emissions during periods of startup, shutdown and malfunction; add requirements for electronic reporting of performance test results; revise the routine maintenance provisions; clarify provisions pertaining to open-ended valves and lines; add monitoring requirements for pressure relief devices; clarify provisions for some performance test methods and procedures; and make several minor clarifications and corrections.

6 NYCRR 227-3, 237, and 238 - Implement cap-and-trade programs that reduce NO and emissions from major stationary sources
Action: Added 05/28/2014
Summary: Repeal 6 NYCRR 227-3, 237, and 238. Revise 6 NYCRR Part 200 to remove all references to Subpart 227-3 and Parts 237 and 238.

6 NYCRR 200.1 - Definition of Nonattainment Area
Action: Added 05/28/2014
Summary: Amend 6 NYCRR section 200.1 by modifying the definition of "nonattainment area" in section 200.1(av). Remove reference to PM2.5 nonattainment area pursuant to EPA's redesignation action. Reserve section 200.1(av)(2).

Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Update Water Quality Criteria for pH
Citation: Notice for 25 PA. CODE CH. 901
Reference: 05/17/2014
Issuer: DELAWARE RIVER BASIN COMISSION
Summary: By Resolution No. 2013-9 on December 4, 2013, the Delaware River Basin Commission (''DRBC'' or ''Commission'') approved amendments to the Commission's Water Quality Regulations, Water Code and Comprehensive Plan to update the Commission's stream quality objectives for pH in interstate tidal and non-tidal reaches of the main stem Delaware River.

Quality Assurance Requirements for Continuous Opacity Monitoring Systems at Stationary Sources
Citation: Final Rule for 40 CFR Part 60
Reference: 05/16/2014 79 FR 28439-28444 (Vol. 79, No. 95)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This action promulgates quality assurance and quality control (QA/QC) procedures (referred to as Procedure 3) for continuous opacity monitoring systems (COMS) used to demonstrate continuous compliance with opacity standards specified in new source performance standards (NSPS) issued by the EPA pursuant to section 111(b) of the Clean Air Act (CAA), Standards of Performance for New Stationary Sources.

General Permit (GP-005A) for "Emergency Generator(s) Burning Distillate Fuels"
Reference: 05/15/2014
Issuer: STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
Summary: The Air Quality Permitting Program is announcing a new general permit entitled: General Permit (GP-005A) for "Emergency Generator(s) Burning Distillate Fuels." This general permit is replacing the current general permit (GP-005) for "Emergency Generator(s)." The Notice of Availability is scheduled to be published in the May 19, 2014 issue of the New Jersey Register.  This new general permit will be available at www.state.nj.us/dep/aqpp on or after May 19, 2014. GP-005 will no longer be available for use by new registrants after this date.

Residual Waste General Permit WMGR081
Citation: Notice for 44 Pa.B. 2810
Reference: 05/10/2014
Issuer: PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Summary: Permit Amended Under the Solid Waste Management Act (35 P.S. §§6018.101—6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. §§4000.101—4000.1904); and Residual Waste Regulations for a General Permit to Operate Residual Waste Processing Facilities and the Beneficial Use of Residual Waste other than Coal Ash.

Public Notice of the Availability of National Pollutant Discharge Elmination System General Permit for Discharges from Small Flow Treatment Facilities (PAG-04)
Citation: Notice for 44 Pa.B. 2809
Reference: 05/10/2014
Issuer: PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Summary: Under The Clean Streams Law (35 P.S. §§691.1—691.1001) and sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. §§510-5, 510-17 and 510-20), the Department of Environmental Protection (Department), by this notice, informs the public of the availability of the National Pollution Discharge Elimination System (NPDES) PAG-04 General Permit for Discharges from Small Flow Treatment Facilities. The General Permit will become effective at 12 a.m. on Monday, May 12, 2014.

Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan To Revise the Human Health Water Quality Criteria for PCBs in Zones 2 Through 6 of the Delaware Estuary and Bay
Citation: Final Rule for 18 CFR Part 410
Reference: 05/09/2014
Issuer: DELAWARE RIVER BASIN COMMISSION
Summary: By Resolution No. 2013–8 on December 4, 2013, the Delaware River Basin Commission (‘‘DRBC’’ or‘‘Commission’’) approved amendments to the Commission’s Water Quality Regulations, Water Code and Comprehensive Plan to establish a uniform water quality criterion of 16 picograms per liter for polychlorinated biphenyls (PCBs) in the Delaware Estuary and Bay, DRBC Water Quality Management Zones 2 through 6, for the protection of human health from
carcinogenic effects.

Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Update Water Quality Criteria for pH
Citation: Final Rule for 18 CFR Part 410
Reference: 05/09/2014
Issuer: DELAWARE RIVER BASIN COMMISSION
Summary: By Resolution No. 2013–9 on December 4, 2013, the Delaware River Basin Commission (‘‘DRBC’’ or‘‘Commission’’) approved amendments to the Commission’s Water Quality Regulations, Water Code and Comprehensive Plan to update the Commission’s stream quality objectives for pH in interstate tidal and non-tidal reaches.

Formaldehyde Emission Standards for Composite Wood Products
Citation: Proposed Rule for 40 CFR Part 770
Reference: 05/09/2014 79 FR 26678-26679 (Vol. 79, No. 90)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: On June 10, 2013, EPA published a notice of proposed rulemaking in the Federal Register entitled "Formaldehyde Emissions Standards for Composite Wood Products." On April 8, 2014, EPA published a notice in the Federal Register announcing a public meeting and reopening the comment period for 30 days for comments related to the treatment of laminated products under the proposed rule. Based on requests from the public, EPA extended the public comment period. On May 6, 2014, EPA posted a memorandum in the docket for this proposed rule. That memorandum ensured that the docket would remain open until the announcement of the extension of the public comment period, which was set to end on May 8, 2014, could be published in the Federal Register. On May 6, 2014, an Agency-compiled list of stakeholders was notified of the extension of the comment period via email. This document announces the extension of the comment period until May 26, 2014.

Definition of "Waters of the United States" Under the Clean Water Act
Citation: Proposed Rule for 33 CFR Part 328. 40 CFR Part 110, 40 CFR Part 112, 40 CFR Part 117, 40 CFR Part 122, 40 CFR Part 230, 40 CFR Part 232, 40 CFR Part 300
Reference: 04/21/2014 79 FR 22188-22274 (Vol. 79, No. 76)
Issuer: DEPARTMENT OF DEFENSE
Summary: The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are publishing for public comment a proposed rule defining the scope of waters protected under the Clean Water Act (CWA), in light of the U.S. Supreme Court cases in U.S. v. Riverside Bayview, Rapanos v. United States, and Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos). This proposal would enhance protection for the nation's public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of "waters of the United States" protected under the Act.

Record Requirements in the Mechanical Power Presses Standard
Citation: Final Rule for 29 CFR Part 1910
Reference: 04/18/2014 79 FR 21876 (Vol. 79, No. 75)
Issuer: DEPARTMENT OF LABOR/Occupational Safety and Health Administration
Summary: With this notice, OSHA is withdrawing the proposed rule that accompanied its direct final rule revising the record requirements contained in the Mechanical Power Presses Standard.

Record Requirements in the Mechanical Power Presses Standard
Citation: Final Rule for 29 CFR Part 1910
Reference: 04/18/2014 79 FR 21848-21849 (Vol. 79, No. 75)
Issuer: DEPARTMENT OF LABOR/Occupational Safety and Health Administration
Summary: On November 20, 2013, OSHA published in the Federal Register a direct final rule that revised records contained in the Mechanical Power Press Standard. OSHA stated in that document that it would withdraw the companion proposed rule and confirm the effective date of the final rule if the Agency received no significant adverse comments on the direct final rule or the proposal. Since OSHA received no such significant adverse comments on the direct final rule or the proposal, the Agency now confirms that the direct final rule became effective as a final rule on February 18, 2013.

Revisions to Test Methods and Testing Regulations; Technical Amendment
Citation: Final Rule for 40 CFR Part 51
Reference: 04/02/2014 79 FR 18452-18453 (Vol. 79, No. 63)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The Environmental Protection Agency (EPA) published a final rule in the Federal Register on February 27, 2014, that made technical and editorial corrections for source testing of emissions and operations. The revisions will improve data quality and provide additional flexibility by allowing the use of newly approved alternative procedures. The purpose of this action is to correct an omission to Method 202.

Notice of Receipt of Petition for Decision That Nonconforming 2006-2007 Ferrari 599 GTB Passenger Cars Manufactured Before September 1, 2007 Are Eligible for Importation
Citation: Notice
Reference: 03/24/2014 79 FR 16099-16101 (Vol. 79, No. 56)
Issuer: DEPARTMENT OF TRANSPORTATION / National Highway Traffic Safety Administration
Summary: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2006-2007 Ferrari 599 GTB passenger cars manufactured before September 1, 2007 that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS), are eligible for importation into the United States because they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the 2006-2007 Ferrari 599 GTB manufactured before September 1, 2007) and they are capable of being readily altered to conform to the standards.

Electronic Reporting; Toxic Substances Control Act Notifications of Substantial Risk for Your Information Submissions
Citation: Notice
Reference: 03/19/2014 79 FR 15329-15332 (Vol. 79, No. 53)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is announcing that notifications of substantial risk under section 8(e) of the Toxic Substances Control Act (TSCA) and voluntary For Your Information (FYI) submissions may now be filed electronically using EPA's electronic document submission system, the Central Data Exchange (CDX). Use of this electronic reporting option will streamline and reduce the administrative costs and burdens of submitting paper-based notifications of substantial risks and FYI submissions.

Adjusting the Penalty for Violation of Notice Posting Requirements
Citation: Final Rule for 29 CFR Part 1601
Reference: 03/19/2014 79 FR 15220-15221 (Vol. 79, No. 53)
Issuer: DEPARTMENT OF LABOR / Equal Employment Opportunity Commission
Summary: In accordance with the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, this final rule adjusts for inflation the civil monetary penalty for violation of the notice-posting requirements in Title VII of the Civil Rights act of 1964, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act.

Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category
Citation: Final Rule for 40 CFR Part 450
Reference: 03/06/2014 79 FR 12661-12667 (Vol. 79, No. 44)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The Environmental Protection Agency (EPA) is finalizing changes to the effluent limitations guidelines and standards for the Construction and Development point source category. EPA is promulgating these changes pursuant to a settlement agreement to resolve litigation. This final rule withdraws the numeric discharge standards, which are currently stayed, and changes several of the non-numeric provisions of the existing rule.

Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units
Citation: Proposed Rule for 40 CFR Part 60, 40 CFR Part 70, 40 CFR Part 71, 40 CFR Part 98
Reference: 03/06/2014 79 FR 12681 (Vol. 79, No. 44)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is announcing that the period for providing public comments on the January 8, 2014, proposed "Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units" and on the February 26, 2014, notice of data availability soliciting comment on the provisions in the Energy Policy Act of 2005, is being extended by 60 days.

Pipeline Safety: Request for Special Permit
Citation: Notice
Reference: 02/25/2014 79 FR 10621 (Vol. 79, No. 37)
Issuer: DEPARTMENT OF TRANSPORTATION / Pipeline and Hazardous Materials Safety Administration
Summary: Pursuant to the Federal pipeline safety laws, PHMSA is publishing this notice to announce the availability for review of an Environmental Assessment for a special permit request we have received from Fairbanks Natural Gas, LLC (FNG) for a facility in Fairbanks, Alaska. FNG is seeking relief from compliance with certain requirements in the Federal pipeline safety regulations. This notice seeks public comments on the Environmental Assessment, including comments on any safety or environmental impacts. The Environmental Assessment is available for review at http://www.Regulations.gov. At the conclusion of the 30-day comment period, PHMSA will evaluate the comments and determine whether to grant or deny the associated special permit request.

Hazardous Materials: Cargo Tank Motor Vehicle Loading and Unloading Operations
Citation: Proposed Rule for 49 CFR Part 177
Reference: 02/25/2014 79 FR 10461-10465 (Vol. 79, No. 37)
Issuer: DEPARTMENT OF TRANSPORTATION / Pipeline and Hazardous Materials Safety Administration
Summary: PHMSA is closing this rulemaking proceeding under this docket having reconsidered our proposal for additional regulations associated with cargo tank motor vehicle (CTMV) loading or unloading operations. This action is based on the findings of the regulatory assessment, comments to docket of this rulemaking, and completion of a supplementary policy analysis on how best to address the safety risks of bulk loading and unloading operations. As an alternative to new regulatory requirements, PHMSA will be issuing a guidance document to provide best practices for CTMV loading and unloading operations; and will be conducting research to better understand the wide range of human factors that contribute to hazardous materials incidents including those associated with CTMV loading and unloading operations.

Proposed Significant New Use Rule on Certain Chemical Substances
Citation: Proposed Rule for 40 CFR Part 721
Reference: 02/10/2014 79 FR 7621-7627 (Vol. 79, No. 27)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances which were the subject of premanufacture notices (PMNs). This action would require persons who intend to manufacture (including import) or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.

Cranes and Derricks in Construction: Operator Certification
Citation: Proposed Rule for 29 CFR Part 1926
Reference: 02/10/2014 79 FR 7611-7621 (Vol. 79, No. 27)
Issuer: DEPARTMENT OF LABOR/ Occupational Safety and Health Administration
Summary: On August 9, 2010, OSHA issued a final standard establishing requirements for cranes and derricks used in construction work. The standard requires employers to ensure that crane operators are certified by November 10, 2014. Until that date, employers also have added duties under the standard to ensure that crane operators are trained and competent to operate the crane safely. The Agency is proposing to extend the deadline for operator certification by three years to November 10, 2017, and to extend the existing employer duties for the same period.

Maritime Advisory Committee for Occupational Safety and Health (MACOSH)
Citation: Notice
Reference: 02/04/2014 79 FR 6635-6636 (Vol. 79, No. 23)
Issuer: DEPARTMENT OF LABOR/ Occupational Safety and Health Administration
Summary: On April 12, 2013, the Acting Secretary of Labor announced, the reestablishment of the Maritime Advisory Committee for Occupational Safety and Health (MACOSH). On January 16, 2014, he selected 15 members and a Special Agency Liaison to serve on the Committee. The Committee is diverse and balanced, both in terms of segments of the maritime industry represented (e.g., shipyard employment, longshoring, and marine terminal industries), and in the views and interests represented by the members. The MACOSH charter was signed on May 6, 2013, and will expire after two years on May 6, 2015.

Notification of a Public Webinar for the Clean Air Act Advisory Committee (CAAAC)
Citation: Notice
Reference: 02/04/2014 79 FR 6592 (Vol. 79, No. 23)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The Environmental Protection Agency (EPA) announces a public webinar for the Clean Air Act Advisory Committee (CAAAC) on EPA's greenhouse gas standards (i.e., the Clean Air Act 111(d) standards). The EPA established the CAAAC on November 19, 1990, to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises on economic, environmental, technical, scientific and enforcement policy issues.

California State Nonroad Enginer Pollution Control Standards; Off-Highway Recreational Vehicles and Engines; Notice of Decision
Citation: Notice
Reference: 02/04/2014 79 FR 6584-6592 (Vol. 79, No. 23)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The Environmental Protection Agency (EPA) is granting the California Air Resources Board's (CARB's) request for authorization of amendments to California's Off-Highway Recreational Vehicles and Engines (OHRV) regulations, confirming that certain OHRV amendments are within-the-scope of prior EPA authorizations, and confirming that certain OHRV amendments are not preempted by Clean Air Act. CARB's OHRV regulations apply to all off-highway recreational vehicles (and to engines manufactured for use in such vehicles) produced on or after January 1, 1997, for sale, lease, use and introduction into commerce in California. This decision is issued under the authority of the Clean Air Act (CAA or Act).

Environmental Radiation Protection Standards for Nuclear Power Operations
Citation: Proposed Rule for 40 CFR Part 190
Reference: 02/04/2014 79 FR 6509-6527 (Vol. 79, No. 23)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This Advance Notice of Proposed Rulemaking (ANPR) requests public comment and information on potential approaches to updating the Environmental Protection Agency's "Environmental Radiation Protection Standards for Nuclear Power Operations" (40 CFR part 190). These standards, originally issued in 1977, limit radiation releases and doses to the public from normal operation of nuclear power plants and other uranium fuel cycle facilities-that is, facilities involved in the milling, conversion, fabrication, use and reprocessing of uranium fuel for generating commercial electrical power. These standards were the earliest radiation rules developed by EPA and are based on nuclear power technology and the understanding of radiation biology current at that time. The Nuclear Regulatory Commission (NRC) is responsible for implementing and enforcing these standards.

Significant New Use Rule on Certain Chemical Substances
Citation: Final Rule for 40 CFR Part 9, 40 CFR Part 721
Reference: 02/04/2014 79 FR 6470-6475 (Vol. 79, No. 23)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is finalizing a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for chemical substances identified generically as complex strontium aluminate, rare earth doped, which were the subject of several premanufacture notices (PMNs). This action requires persons who intend to manufacture (including import) or process any of the chemical substances for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.

Improvements in Preparing Oil Spill Facility Response Plans
Citation: Notice
Reference: 01/28/2014 79 FR 4532-4534 (Vol. 79, No. 18)
Issuer: DEPARTMENT OF TRANSPORTATION/ Pipeline and Hazardous Materials Safety Administration
Summary: PHMSA is issuing this advisory bulletin to remind all onshore oil pipeline operators of the circumstances of the Marshall, Michigan, pipeline accident and the need to update FRPs every five years from the date of last submission or the last approval according to its significant and substantial designation. Plans must also be updated whenever new or different operating conditions would affect the implementation of a response plan. (See 49 CFR 194.121.) When updating their FRPs, operators should utilize Appendix A Part 194-Guidelines for the Preparation of Response Plans and submit them electronically to PHMSA.
This bulletin also notifies that FRPs found to meet the requirements of PHMSA's regulations at Part 194 will be posted on PHMSA's Web site for public viewing. Prior to posting, PHMSA will redact certain information, such as personally identifiable information and certain security related information, in accordance with the Freedom of Information Act and any other applicable Federal law. This document also alerts operators and their plan submitters to common errors in plans that require amendment prior to PHMSA's issuance of approval. Finally, onshore oil pipeline operators are encouraged to consider replacing incorporations by reference in their FRPs with a summary of referenced material or a copy of the full document.

Pennsylvania Climate Change Action Plan
Citation: Notice for 44 Pa.B. 408
Reference: 01/18/2014
Issuer: PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Summary: On behalf of Governor Tom Corbett, the Department of Environmental Protection (Department) announces that the Pennsylvania Climate Change Action Plan Update (Plan) was released on December 31, 2013. To read the Climate Change Action Plan Update, visit www.depweb.state.pa.us, click the ''Public Participation Center'' link, ''Advisory Committees,'' then ''Climate Change Advisory Committee.''

The Pennsylvania Climate Change Act (71 P.S. §§ 1361.1—1361.8) mandates the preparation of an update to the Climate Change Action Plan issued in December 2009. With advice from the Climate Change Advisory Committee, the Department prepared the Plan, which discusses the reductions in greenhouse gases that have been achieved, provides work plans for additional emission reductions and makes recommendations for legislative action.

Questions regarding the Plan should be directed to Mark Brojakowski at (717) 772-3429 or mbrojakows@pa.gov.

Persons in need of accommodations as provided for by the Americans with Disabilities Act of 1990 should contact Alex Haas at (717) 787-9495, or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.

Greenhouse Gas Reporting Program: Amendments and Confidentiality Determinations for Fluorinated Gas Production
Citation: Proposed Rule for 40 CFR Part 98
Reference: 01/15/2014 79 FR 2614-2615 (Vol. 79, No. 10)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is announcing an extension of the public comment period for the proposed rule titled "Greenhouse Gas Reporting Program: Amendments and Confidentiality Determinations for Fluorinated Gas Production."

National Emissions Stanards for Hazardous Air Pollutants from Secondary Lead Smelting
Citation: Final Rule for 40 CFR Part 63
Reference: 01/03/2014 79 FR 367-372 (Vol. 79, No. 2)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The Environmental Protection Agency (EPA) is taking direct final action to promulgate amendments to a final rule that revised national emission standards for hazardous air pollutants for existing and new secondary lead smelters. The final rule was published on January 5, 2012. This direct final action amends certain regulatory text to clarify compliance dates. Additionally, we are making amendments to clarify certain provisions in the 2012 final rule related to monitoring of negative pressure in total enclosures. This action also corrects typographical errors in a table listing congeners of dioxins and furans and the testing requirements for total hydrocarbons.

Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO2G4) Streams in Geologic Sequestration Activities
Citation: Final Rule for 40 CFR Part 9, 40 CFR Part 260, 40 CFR Part 262
Reference: 01/03/2014 79 FR 350-364 (Vol. 79, No. 2)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The U.S. Environmental Protection Agency (EPA or the Agency) is revising the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude carbon dioxide (CO2) streams that are hazardous from the definition of hazardous waste, provided these hazardous CO2 streams are captured from emission sources, are injected into Underground Injection Control (UIC) Class VI wells for purposes of geologic sequestration (GS), and meet certain other conditions. EPA is taking this action because the Agency believes that the management of these CO2 streams, when meeting certain conditions, does not present a substantial risk to human health or the environment, and therefore additional regulation pursuant to RCRA's hazardous waste regulations is unnecessary. EPA expects that this amendment will substantially reduce the uncertainty associated with identifying these CO2 streams under RCRA subtitle C, and will also facilitate the deployment of GS by providing additional regulatory certainty.

National Emissions Standards for Hazardous Air Pollutants From Secondary Lead Smelting
Citation: Proposed Rule for 40 CFR Part 63
Reference: 01/03/2014 79 FR 379-381 (Vol. 79, No. 2)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The Environmental Protection Agency (EPA) is proposing amendments to a final rule that revised national emission standards for hazardous air pollutants for existing and new secondary lead smelters. The final rule was published on January 5, 2012. This action proposes amendments to clarify certain regulatory text related to compliance dates. Additionally, we are proposing amendments to clarify certain provisions in the 2012 final rule relating to monitoring of negative pressure in total enclosures. This action also proposes corrections of typographical errors in a table listing congeners of dioxins and furans and testing requirements for total hydrocarbons.

Petition to Add the Oil and Gas Extraction Industry, Standard Industrial Classification Code 13, to the List of Facilities Required To Report Under the Toxics Release Inventory; Notice of Receipt of Petition
Citation: Notice
Reference: 01/03/2014 79 FR 393 (Vol. 79, No. 2)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The Environmental Integrity Project (EIP) and sixteen other organizations submitted a petition to the Environmental Protection Agency (EPA), dated October 24, 2012, requesting that EPA add the Oil and Gas Extraction sector, Standard Industrial Classification (SIC) code 13, to the scope of sectors covered by the Toxics Release Inventory (TRI) under section 313 of the Emergency Planning and Community Right-To-Know Act (EPCRA). The petition also requests that EPA publish the petition in the Federal Register. This Federal Register Notice provides notice of receipt of this petition, along with the Docket Identification Number that can be used to view the petition and related documents. EPA is not soliciting public comment regarding this notice.

Proposed Modification of a General NPDES Permit for Small Suction Dredging-Permit Number IDG-37-0000
Citation: Notice
Reference: 12/20/2013 78 FR 77122 (Vol. 78, No. 245)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA proposes to modify a National Pollutant Discharge Elimination System (NPDES) General Permit for placer mining operations in Idaho using small suction dredges (intake nozzle size of 5 inches in diameter or less and with equipment rated at 15 horsepower or less). When the 2013 GP was issued, the language of the GP contained a discrepancy with the total maximum daily load (TMDL) that was issued for Mores Creek. The GP did not include any reference to the tributaries of Mores, Elk or Grimes creeks that were included in the loading allocations of the TMDL. This modification proposes to rectify that discrepancy by including a reference to the tributaries within the GP requirements for Mores, Grimes and Elk creeks and listing the tributaries in Appendix F to the GP. Other parts of the GP are not open for public comment at this time.

Electronic Reporting Under the Toxic Substances Control Act
Citation: Final Rule for 40 CFR Part 712, 40 CFR Part 716, 40 CFR Part 720, 40 CFR Part 721, 40 CFR Part 723, 40 CFR Part 725, 40 CFR Part 766, 40 CFR Part 790, 40 CFR Part 799
Reference: 12/04/2013 78 FR 72818-72830 (Vol. 78, No. 233)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is amending certain reporting requirements that were promulgated under the Toxic Substances Control Act (TSCA) to require the use electronic reporting. EPA is requiring the use of electronic reporting in order to minimize the paperwork burden associated with the underlying regulatory requirements and to minimize the cost to the Federal Government of the creation, collection, maintenance, use, dissemination, and disposition of information. This action will also improve the quality and use of information to strengthen decisionmaking, accountability, and openness in government and society, as well as provide for the timely dissemination of public information and in a manner that promotes the utility of the information to the public and makes effective use of information technology.

Draft NPDES General Permit Modification for Discharges From the Oil and Gas Extraction Point Source Category to Coastal Waters in Texas and Onshore Stripper Well Category East of the 98th Meridian (TXG330000)
Citation: Notice
Reference: 12/02/2013 78 FR 72080-72081 (Vol. 78, No. 231)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA Region 6 today proposes modifications for the National Pollutant Discharge Elimination System (NPDES) general permit regulating discharges from oil and gas wells in the Coastal Subcategory in Texas and in the Stripper Subcategory which discharge into waters in Texas. These modifications would restore coverage eligibility for certain inland discharges that existed in the previous permit and require freshwater whole effluent toxicity species for discharges to freshwater receiving waters.

2014 Standards for the Renewable Fuel Standard Program
Citation: Proposed Rule for 40 CFR Part 80
Reference: 11/29/2013 78 FR 71732-71784 (Vol. 78, No. 230)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: Under section 211(o) of the Clean Air Act, the Environmental Protection Agency is required to set the renewable fuel percentage standards each November for the following year. Today's action proposes the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels that would apply to all motor vehicle gasoline and diesel produced or imported in the year 2014. For cellulosic biofuel, the statute specifies that EPA is to project the volume of production and must base the cellulosic biofuel standard on projected available volume if it is less than the applicable volume set forth in the Act. Today EPA is proposing a cellulosic biofuel volume for 2014 that is below the applicable volume specified in the Act. The statute also provides EPA the discretion to adjust the volumes of advanced biofuel and total renewable fuel under certain conditions. Relying on its Clean Air Act waiver authorities, EPA is proposing to adjust the applicable volumes of advanced biofuel and total renewable fuel to address projected availability of qualifying renewable fuels and limitations in the volume of ethanol that can be consumed in gasoline given practical constraints on the supply of higher ethanol blends to the vehicles that can use them and other limits on ethanol blend levels in gasoline. These adjustments are intended to put the program on a manageable trajectory while supporting growth in renewable fuels over time. Finally, the statute requires EPA to determine the applicable volume of biomass-based diesel to be used in setting annual percentage standards under the renewable fuel standard program for years after 2012. EPA is proposing the applicable volume of biomass-based diesel that would apply in 2014 and 2015. EPA is requesting comment on a variety of alternative approaches and on a range of inputs and methodologies relevant for setting the applicable standards.

Record Requirements in the Mechanical Power Presses Standard
Citation: Final Rule for 29 CFR Part 1910
Reference: 11/20/2013 78 FR 69543-69550 (Vol. 78, No. 224)
Issuer: DEPARTMENT OF LABOR/ Occupational Safety and Health Administration
Summary: OSHA is making two main revisions to its Mechanical Power Presses Standard. First, OSHA is revising a provision that requires employers to develop and maintain certification records of periodic inspections performed on the presses by adding a requirement that they develop and maintain certification records of any maintenance and repairs they perform on the presses during the periodic inspections. Second, OSHA is removing the requirement from another provision that employers develop and maintain certification records of weekly inspections and tests performed on the presses.

This rulemaking is part of the Department of Labor's initiative to reduce paperwork burden; it will remove 613,600 hours of unnecessary paperwork burden for employers, while maintaining employee protection. OSHA is publishing a companion proposal elsewhere in this issue of the Federal Register taking the same action.

Public Meeting on the Improve Tracking of Workplace Injuries and Illnesses Proposed Rule
Citation: Proposed Rule for 29 CFR Part 1904, 29 CFR Part 1952
Reference: 11/15/2013 78 FR 68782-68783 (Vol. 78, No. 221)
Issuer: DEPARTMENT OF LABOR/ Occupational Safety and Health Administration
Summary: OSHA invites interested parties to attend an informal public meeting on the Improve Tracking of Workplace Injuries and Illnesses proposed rule. The purpose of the public meeting is to allow interested persons to provide oral remarks regarding the proposed rule. The proposed rule is a limited rulemaking to amend OSHA's recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep.

Addition of ortho-Nitrotoluene; Community Right-to-Know Toxic Chemical Release Reporting
Citation: Final Rule for 40 CFR Part 372
Reference: 11/07/2013 78 FR 66848-66852 (Vol. 78, No. 216)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is adding ortho-nitrotoluene (o-nitrotoluene) to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 and section 6607 of the Pollution Prevention Act (PPA) of 1990. o-Nitrotoluene has been classified by the National Toxicology Program in its 12th Report on Carcinogens as "reasonably anticipated to be a human carcinogen." EPA has determined that o-nitrotoluene meets the EPCRA section 313(d)(2)(B) criteria because it can reasonably be anticipated to cause cancer in humans.

Incorporation by Reference; Accident Prevention Signs and Tags; Correction
Citation: Final Rule for 29 CFR Part 1910, 29 CFR Part 1926
Reference: 11/06/2013 78 FR 66641-66642 (Vol. 78, No. 215)
Issuer: DEPARTMENT OF LABOR/ Occupational Safety and Health Administration
Summary: This document contains corrections to the final regulations, which were published in the Federal Register of Thursday, June 13, 2013 (78 FR 35559). The regulations update OSHA's general industry and construction signage standards by adding references to the latest American National Standards Institute (ANSI) standards on specifications for accident prevention signs and tags.

Updating OSHA Standards Based on National Consensus Standards; Signage
Citation: Final Rule for 29 CFR Part 1910, 29 CFR Part 1926
Reference: 11/06/2013 78 FR 66642-66643 (Vol. 78, No. 215)
Issuer: DEPARTMENT OF LABOR/ Occupational Safety and Health Administration
Summary: On June 13, 2013, OSHA published in the Federal Register (78 FR 35559) a direct final rule that revised its signage standards that revised its signage standards for general industry and construction by updating the references to national consensus standards approved by the American National Standards Institute, a clearinghouse that verifies that the criteria for approval of consensus standards have been met. OSHA stated in that Federal Register notice that it would withdraw the companion proposed rule and confirm the effective date of the direct final rule if the Agency received no significant adverse comments, the Agency now confirms that the direct final rule became effective as a final rule on September 11, 2013.

Civil Monetary Penalty Inflation Adjustment Rule
Citation: Final Rule for 40 CFR Part 19
Reference: 11/06/2013 78 FR 66643-66648 (Vol. 78, No. 215)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: With this action, EPA is promulgating a final rule that amends the Civil Monetary Penalty Inflation Adjustment Rule. This action is mandated by the Debt Collection Improvement Act of 1996 (DCIA) to adjust for inflation certain statutory civil monetary penalties that may be assessed for violations of EPA-administered statues and their implementing regulations. The Agency is required to review the civil monetary penalties under that statues that it administers at least once every four years and to adjust such penalties as necessary for inflation according to a formula prescribed by the DCIA. The regulations contain a list of all civil monetary penalty authorities under EPA-administered statues and the applicable statutory amounts, as adjusted for inflation, since 1996.

Proposed Fine Particulate Nonattainment Area Designation Recommendations
Citation: Notice
Reference: [43 Pa.B 6598] 11/02/2013
Issuer: Pennsylvania Department of Environmental Protection
Summary: The Department of Environmental Protection (Department) is seeking public comment on its proposed recommendations to the United States Environmental Protection Agency (EPA) for the designation of areas not meeting the revised annual health-based National Ambient Air Quality Standards (NAAQS) for fine particulates (PM2.5). Reducing concentrations of this pollutant is important because levels above the health-based standard are a serious human health threat and also can cause or contribute to other negative environmental impacts.

The EPA established a revised NAAQS for PM2.5 in December 2012. The annual standard for PM2.5 was made more protective and changed from 15 micrograms per cubic meter of air (µg/m3) to 12 µg/m3. An area does not attain the annual standard if the annual concentration, averaged over 3 years, is more than 12 µg/m3. Following promulgation of new or revised air standards, states are given the opportunity to submit recommendations for attainment/nonattainment areas, supported by most recent quality-assured and quality-controlled monitoring data.

The proposed designation recommendations are based primarily on air quality ambient monitoring (2010-2012), as well as emissions data, meteorology, geography/topography and jurisdictional boundaries. Based on this information, the Department is seeking comment on recommending that the EPA designate as ''nonattainment'' areas the Greater Philadelphia Area (which includes Chester, Delaware and Philadelphia Counties), Northampton County Area, Lancaster County Area, Cambria County Area, the Greater Pittsburgh Area (which includes Allegheny and Westmoreland Counties) and the Liberty/Clairton Area. The Department is also seeking comment on recommending that the EPA designate the counties monitoring below the standard as ''attainment'' areas and the remaining Commonwealth counties as ''unclassifiable/attainment'' areas.

The Department will be submitting recommendations in December 2013. The EPA is expected to make final designations in December 2014. The Department would then have 18 months to develop a plan for any areas designated as nonattainment to meet the NAAQS. This proposal is available on the Department's web site at http://www.depweb.state.pa.us (choose ''Air Quality''), or through the contact person listed as follows.

Written comments on the proposed nonattainment area designation recommendations should be sent to Bryan Oshinski, Division of Air Resource Management, Bureau of Air Quality, P.O. Box 8468, Harrisburg, PA 17105-8468 or (preferred) boshinski@pa.gov, no later than November 18, 2013. Use ''2012 PM2.5 Recommended Designations'' in the subject line, and include the name, affiliation (if any), mailing address and telephone number of the interested person.

Pipeline Safety: Reminder of Requirements for Liquefied Petroleum Gas and Utility Liquefied Petroleum Gas Pipeline Systems
Citation: Notice
Reference: 10/31/2013 78 FR 65427-65429 (Vol. 78, No. 211)
Issuer: DEPARTMENT OF TRANSPORTATION/ Pipeline and Hazardous Materials Safety Administration
Summary: PHMSA published an Advisory Bulletin in the Federal Register on July 18, 2013, (78 FR 42889) reminding owners and operators of liquefied petroleum gas (LPG) and utility liquefied petroleum gas (Utility LP-Gas) plants of their obligation to follow certain sections of Part 192 in addition to the American National Standards Institute/National Fire Protection Association (ANSI/NFPA) standards 58 or 59. This document supersedes the July 18, 2013, Advisory Bulletin by correcting a typographical error in the sixth bullet and removing the exemption for small utility LP gas systems from Subpart N (Qualification of Pipeline Personnel) from the bulleted list.

Air Quality: Revision to Definition of Volatile Organic Compounds - Exclusion of 2,3,3,3-tetrafluoropropene
Citation: Final Rule for 40 CFR Part 51
Reference: 10/22/2013 78 FR 62451-62455 (Vol. 78, No. 204)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
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.

Pipeline Safety: Administrative Procedures; Updates and Technical Corrections
Citation: Final Rule for 49 CFR Part 190, 49 CFR Part 192, 49 CFR Part 193, 49 CFR Part 195, 49 CFR Part 199
Reference: 09/25/2013 78 FR 58897-58915 (Vol. 78, No. 186)
Issuer: DEPARTMENT OF TRANSPORTATION/ Pipeline and Hazardous Materials Safety Administration
Summary: PHMSA is amending the pipeline safety regulations to update the administrative civil penalty maximums for violation of the safety standards to reflect current law, to update the informal hearing and adjudication process for pipeline enforcement matters to reflect current law, and to make other technical corrections and updates to certain administrative procedures. The amendments do not impose any new operating, maintenance, or other substantive requirements on pipeline owners or operators.


Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed On or Before December 1, 2008, and Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators
Citation: Final Rule for 40 CFR Part 60, 40 CFR Part 62
Reference: 09/06/2013 78 FR 54766 (Vol. 78, No. 173)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: n/a

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines
Citation: Proposed Rule for 40 CFR Part 60, 40 CFR Part 63
Reference: 09/05/2013 78 FR 54606-54612 (Vol. 78, No. 173)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: On January 30, 2013, the EPA finalized amendments to the national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines and the standards of performance for stationary internal combustion engines. Subsequently, the EPA received three petitions for reconsideration of the final rule. The EPA is announcing reconsideration of and requesting public comment on three issues raised in the petitions for reconsideration, as detailed in the Supplementary Information section of this notice of reconsideration. The EPA plans to issue a final decision on these issues as expeditiously as possible. The EPA is seeking comment only on the three issues. The EPA will not respond to any comments addressing any other issues or any other provisions of the final rule or any other rule. The EPA is not proposing any changes to its regulations in this notice of reconsideration.

Significant New Use Rules on Certain Chemical Substances
Citation: Final Rule for 40 CFR Part 9, 40 CFR Part 721
Reference: 08/07/2013 78 FR 48051-48068 (Vol. 78, No. 152)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
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.

Paperless Hazard Communications Pilot Program
Citation: Notice
Reference: 07/19/2013 78 FR 43263-43268 (Vol. 78, No. 139)
Issuer: DEPARTMENT OF TRANSPORTATION / Pipeline and Hazardous Materials Safety Administration
Summary: PHMSA invites volunteers for a pilot program to evaluate the effectiveness of paperless hazard communications systems and comments on an information collection activity associated with the pilot program. "Moving Ahead for Progress in the 21st Century Act" (MAP-21) authorizes PHMSA to conduct a pilot program to evaluate the feasibility and effectiveness of using paperless hazard communications systems. In accordance with MAP-21, in conducting the pilot projects, PHMSA may not waive the current shipping paper requirements. In addition, MAP-21 indicates that PHMSA must consult with organizations representing fire and other emergency responders, law enforcement, and regulated entities. Upon completion of the pilot projects, PHMSA must evaluate the feasibility and effectiveness of paperless hazard communications systems and make a recommendation to Congress regarding regulatory changes that would permanently authorize the use of paperless hazard communications systems. The report is due to Congress by October 1, 2014. The intent of this notice is to: (1) Describe the current regulatory requirements for shipping papers; (2) describe authority granted under MAP-21; (3) explain the goal, scope, and intent of the pilot program; (4) seek volunteers to participate in the pilot projects and describe criteria for selecting pilot participants from the volunteers; and (5) seek comment on the request for information to be collected in conducting the pilot projects and in consulting with organizations representing fire and other emergency responders, law enforcement, and regulated entities. Information gathered will enable PHMSA to generate a report to Congress detailing: (1) The performance of each paperless hazard communications system tested during the pilot projects; (2) PHMSA's assessment of the safety and security impacts on stakeholders; (3) the associated costs and benefits; and (4) PHMSA's regulatory recommendation(s).

Pipeline Safety: Reminder of Requirements for Utility LP-Gas and LPG Pipeline Systems
Citation: Final Rule for 49 CFR Part 192
Reference: 07/18/2013 78 FR 42889-42890 (Vol. 78, No. 138)
Issuer: DEPARTMENT OF TRANSPORTATION / Pipeline and Hazardous Materials Safety Administration
Summary: PHMSA is issuing an Advisory Bulletin to remind owners and operators of liquefied petroleum gas (LPG) and utility liquefied petroleum gas (utility LP-Gas) plants that although they must follow the American National Standards Institute/National Fire Protection Association (ANSI/NFPA) standards 58 or 59, they must also follow certain sections and requirements of Part 192.

Community Right-to-Know; Adoption of 2012 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting
Citation: Final Rule for 40 CFR Part 372
Reference: 07/18/2013 78 FR 42875-42886 (Vol. 78, No. 138)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is taking direct final action on updates to the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget (OMB) 2012 NAICS revision. Facilities would be required to use 2012 NAICS codes when reporting to TRI beginning with TRI reporting forms that are due on July 1, 2014, covering releases and other waste management quantities for the 2013 calendar year. In the "Proposed Rules" section of today's Federal Register, we are simultaneously publishing the 2012 OMB NAICS revisions for TRI Reporting as a proposed rule. If we receive no adverse comment, this direct final rule will become effective as specified herein, and we will withdraw the proposed rule. If, however, we do receive adverse comments in response to this direct final rule or the proposed rule, then we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. In that case, we would address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document.

Method for the Determination of Lead in Total Suspended Particulate Matter
Citation: Final Rule for 40 CFR Part 5
Reference: 07/03/2013 78 FR 40000-40011 (Vol. 78, No. 128)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is establishing a new Federal Reference Method (FRM) for measuring Lead (Pb) in total suspended particulate matter (TSP) collected from ambient air. This method is intended for use by analytical laboratories performing the analysis of Pb in TSP to support data collection for the Pb National Ambient Air Quality Standard (NAAQS). The existing FRM for Pb is designated as a new Federal Equivalent Method (FEM), and the currently designated FEMs are retained. This action avoids any disruption to existing Pb monitoring networks and data collection and does not affect the FRM for TSP sample collection (High-Volume Method).

Reconsideration of Certain Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small-Commercial-Institutional Steam Generating Units
Citation: Proposed Rule for 40 CFR Part 60, 40 CFR Part 63
Reference: 06/25/2013 78 FR 38001-38005 (Vol. 78, No. 122)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: On November 30, 2012, the EPA published in the Federal Register the proposed rule, "Reconsideration of Certain New Source and Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units." That proposal opened for reconsideration certain issues, including those related to startup and shutdown. On April 24, 2013, we finalized reconsideration of all the issues included in the proposed rule except those related to startup and shutdown. The EPA is reopening the public comment period for the proposed reconsideration to solicit additional input on specific issues raised during the initial public comment period related to the proposed revisions to the requirements and definitions related to periods of startup and shutdown. The EPA also requests comment on the additional technical analyses it conducted in response to public comments on this subject in Docket ID EPA-HQ-OAR-2009-0234. The National Emission Standards for Hazardous Air Pollutants (NESHAP) rule is referred to as the Mercury and Air Toxics Standards (MATS), and the New Source Performance Standards rule is referred to as the Utility NSPS.

Heavy-Duty Engine and Vehicle, and Nonroad Technical Amendments
Citation: Proposed Rule for 40 CFR Part 85, 40 CFR Part 86, 40 CFR Part 1036, 40 CFR Part 1039, 40 CFR Part 1042, 40CFR Part 1048, 40 CFR Part 1054, 40 CFR Part 1065, 40 CFR Part 1066, 40 CFR Part 1068, 40 CFR Part 523, and 40 CFR Part 535
Reference: 06/17/2013 78 FR 36135-36148 (Vol. 78, No.116)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is proposing to amend provisions in the Medium- and Heavy-Duty Greenhouse Gas Emissions and Fuel Efficiency final rule issued on September 15, 2011. These proposed amendments would eliminate duplicative reporting requirements, reduce inadvertent minor differences between the EPA and NHTSA programs regarding such matters as voluntary early model year compliance, better align testing procedures to market realities, and reduce unnecessary testing burdens. EPA is also proposing to amend several regulations by: Adjusting the provisions of the replacement engine exemption; expanding EPA's discretion to allow greater flexibility under the Transition Program for Equipment Manufacturers related to the Tier 4 standards for nonroad diesel engines; specifying multiple versions of the applicable SAE standard for demonstrating that fuel lines for nonroad spark-ignition engines above 19 kilowatts meet permeation requirements; and allowing for the use of the ethanol-based test fuel specified by the California Air Resources Board for nonroad spark-ignition engines at or below 19 kilowatts. Some of the individual provisions of this action may have minor impacts on the costs and emission reductions of the underlying regulatory programs amended in this action, though in most cases these are simple technical amendments. For those provisions that may have a minor impact on the costs or benefits of the amended regulatory program, any potential impacts would be small and we have not attempted to quantify the potential changes.

Protection of Stratospheric Ozone: Request for Methyl Bromide Critical Use Exemption Applications for 2016
Citation: Notice
Reference: 05/31/2013 78 FR 32646-32650 (Vol. 78, No.105)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is soliciting applications for the critical use exemption from the phaseout of methyl bromide for 2016. Critical use exemptions last only one year. All entities interested in obtaining a critical use exemption for 2016 must provide EPA with technical and economic information to support a "critical use" claim and must do so by the deadline specified in this notice even if they have applied for an exemption in previous years. Today's notice also invites interested parties to provide EPA with new data on the technical and economic feasibility of methyl bromide alternatives.

Notice of Final Action on Petition From Earthjustice To list coal Mines as a Source Category and To Regulate Air Emissions From Coal Mines
Citation: Proposed Rule for 40 CFR Part 63
Reference: 05/08/2013 78 FR 26739 (Vol. 78, No.89)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This action provides notice that on April 30, 2013, the Acting EPA Administrator, Bob Perciasepe, signed a letter denying a petition to add coal mines to the Clean Air Act (CAA) section 111 list of stationary source categories. The agency denied the petition because the EPA must prioritize its actions in light of limited resources and ongoing budget uncertainties, and at this time, cannot commit to conducting the process to determine whether coal mines should be added to the list of categories under CAA 111(b)(1)(A). The letter explains in detail the EPA's reasons for the denial.

Draft Plan for Development of the Integrated Science Assessment for Nitrogen Oxides-Health Criteria
Citation: Notice
Reference: 05/03/2013 78 FR 26026-26027 (Vol. 78, No.86)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The U.S. EPA is announcing the availability of the "Draft Plan for Development of the Integrated Science Assessment for Nitrogen Oxides-Health Criteria." The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development as part of the review of the primary (health-based) national ambient air quality standards (NAAQS) for nitrogen dioxide (NO2). The purpose of this draft document is to communicate the plan for the development of the Integrated Science Assessment (ISA) for the health effects of nitrogen oxides (NOX), which will provide a comprehensive assessment of the current scientific literature pertaining to known and anticipated effects on public health associated with the NOX in the ambient air.

EPA is releasing this draft document to seek consultation by the Clean Air Scientific Advisory Committee (CASAC) and the public (meeting date and time to be specified in a separate Federal Register notice). The draft document does not represent and should not be construed to represent any final EPA policy, viewpoint, or determination. EPA will consider any public comments submitted in response to this notice when revising the draft plan for development of the NOX ISA.

Reconsideration of Certain New Source Issues: National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units
Citation: Final Rule for 40 CFR Part 60, 40 CFR Part 63
Reference: 04/24/2013 78 FR 24073-24094 (Vol. 78, No.79)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is taking final action on its reconsideration of certain issues in the final rules titled, "National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units." The National Emission Standards for Hazardous Air Pollutants (NESHAP) rule issued pursuant to Clean Air Act (CAA) section 112 is referred to as the Mercury and Air Toxics Standards (MATS) NESHAP, and the New Source Performance Standards rule issued pursuant to CAA section 111 is referred to as the Utility NSPS. The Administrator received petitions for reconsideration of certain aspects of the MATS NESHAP and the Utility NSPS.

On November 30, 2012, the EPA granted reconsideration of, proposed, and requested comment on a limited set of issues. We also proposed certain technical corrections to both the MATS NESHAP and the Utility NSPS. The EPA is now taking final action on the revised new source numerical standards in the MATS NESHAP and the definitional and monitoring provisions in the Utility NSPS that were addressed in the proposed reconsideration rule. As part of this action, the EPA is also making certain technical corrections to both the MATS NESHAP and the Utility NSPS. The EPA is not taking final action on requirements applicable during periods of startup and shutdown in the MATS NESHAP or on startup and shutdown provisions related to the PM standard in the Utility NSPS.

Reconsideration Petition From the National Association of Surface Finishers for the National Emission Standards for Hazardous Air Pollutant Emissions: Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; and Steel Pickling-HCl Process Facilities and Hydrochloric Acid Regeneration Plants
Citation: Final Rule for 40 CFR Part 63
Reference: 04/19/2013 78 FR 23497 (Vol. 78, No.76)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This action provides notice that on March 28, 2013, the Acting EPA Administrator, Bob Perciasepe, signed a letter denying a petition for reconsideration of the final rule published in the Federal Register on September 19, 2012. The rule established new emission limits for hard and decorative chromium electroplating and chromium anodizing tanks, and steel pickling-HCl process facilities and hydrochloric acid regeneration plants.

Proposed Significant New Use Rules on Certain Chemical Substances
Citation: Proposed Rule for 40 CFR Part 721
Reference: 04/18/2013 78 FR 23184-23192 (Vol. 78, No.75)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for eight chemical substances which were the subject of premanufacture notices (PMNs) P-11-327, P-11-328, P-11-329, P-11-330, P-11-331, P-11-332, P-12-298, and P-12-299. This action would require persons who intend to manufacture, import, or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.

Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of trans 1-chloro-3,3,3-trifluoroprop-1-ene[SolsticeTM 1233zd(E)]
Citation: Final Rule for 40 CFR Part 51
Reference: 04/18/2013 78 FR 23149 (Vol. 78, No.75)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA published a direct final rule, Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of trans 1-chloro-3,3,3-trifluoroprop-1-ene [SolsticeTM 1233zd(E)], on February 15, 2013, and a parallel proposed rule to revise the 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). The direct final action added trans 1-chloro-3,3,3-trifluoroprop-1-ene (also known as SolsticeTM 1233zd(E)) to the list of compounds excluded from the definition of VOCs on the basis that the compound makes a negligible contribution to tropospheric ozone formation. Because EPA received one adverse comment, we are withdrawing the direct final rule.

National Emissions Standards for Hazardous Air Pollutants: Mineral Wool Production and Wool Fiberglass Manufacturing; National Emission Standards for Hazardous Air Pollutants for Gas-Fired Melting Furnaces Located at Wool Fiberglass Manufacturing Area Sources
Citation: Proposed Rule for 40 CFR Part 63
Reference: 04/15/2013 78 FR 22370-22406 (Vol. 78, No.72)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This action proposes chromium and particulate matter (for metals) standards for wool fiberglass gas-fired glass-melting furnaces at area sources and adds these sources to the category list in the Urban Air Toxics Strategy. It also proposes amendments to the existing major source rules for Mineral Wool and Wool Fiberglass, supplementing the rule proposed on November 25, 2011. The proposed area source standards for the gas-fired glass-melting furnaces used to make wool fiberglass would increase the level of environmental protection.

National Oil and Hazardous Substances Pollution Contingency Plan; Revision in Increase Public Availability of the Administrative Record File
Citation: Final Rule for 40 CFR Part 300
Reference: 03/18/2013 78 FR 16612-16614 (Vol. 78, No.52)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is taking final action on an amendment that was withdrawn in a January 22, 2013, Federal Register withdrawal notice. The amendment that is the subject of today's final rule adds language to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) to broaden the technology, to include computer telecommunications or other electronic means, that the lead agency is permitted to use to make the administrative record file available to the public.

Safety Advisory: Unauthorized Marking of Compressed Gas Cylinders
Citation: Notice
Reference: 03/13/2013 78 FR 16045 (Vol. 78, No.49)
Issuer: DEPARTMENT OF TRANSPORTATION/ Pipeline and Hazardous Materials Safety Administration
Summary: This notice advises the public that PHMSA has confirmed the marking, service and/or sale of certain high pressure DOT specification cylinders marked with a requalification identification number (RIN) without performing a valid hydrostatic requalification test. Kraus Fire Equipment Co. marked DOT cylinders as tested without approval from the Associate Administrator to requalify DOT cylinders and without calibrating its required systems. This advisory addresses cylinders serviced or purchased from Flint Welding Supply Co, Flint, MI from approximately June 2010 to December 2012 and marked with an "A978" or a partial "A978" or just the Month/Year, without a RIN mark in the middle.

Addition of ortho-Nitrotoluene; Community Right-to-Know Toxic Chemical Release Reporting
Citation: Proposed Rule for 40 CFR Part 372
Reference: 03/13/2013 78 FR 15913-15920 (Vol. 78, No.49)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is proposing to add ortho-nitrotoluene (o-nitrotoluene) to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 and section 6607 of the Pollution Prevention Act (PPA) of 1990. o-Nitrotoluene has been classified by the National Toxicology Program in their 12th Report on Carcinogens as "reasonably anticipated to be a human carcinogen." EPA believes that o-nitrotoluene meets the EPCRA section 313(d)(2)(B) criteria because it can reasonably be anticipated to cause cancer in humans. Based on a review of the available production and use information, o-nitrotoluene is expected to be manufactured, processed, or otherwise used in quantities that would exceed the EPCRA section 313 reporting thresholds.

Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)
Citation: Final Rule for 49 CFR Part 172, 49 CFR Part 173, 49 CFR Part 176, 49 CFR Part 178
Reference: 03/07/2013 78 FR 14702-14717 (Vol. 78, No.45)
Issuer: DEPARTMENT OF TRANSPORTATION/ Pipeline and Hazardous Materials Safety Administration
Summary: PHMSA is amending the Hazardous Materials Regulations in response to petitions for rulemaking submitted by the regulated community to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is amending the recordkeeping and package marking requirements for third-party labs and manufacturers to assure the traceability of packaging; removing the listing for "NA1203, Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol"; harmonizing internationally and providing a limited quantity exception for Division 4.1, Self-reactive solids and Self-reactive liquids Types B through F; allowing smokeless powder classified as a Division 1.4C material to be reclassified as a Division 4.1 material; and providing greater flexibility by allowing the Dangerous Cargo Manifest to be in locations designated by the master of the vessel besides "on or near the vessel's bridge" while the vessel is in a United States port.

Pipeline Safety: Incident and Accident Reports
Citation: Notice
Reference: 03/07/2013 78 FR 14877 (Vol. 78, No.45)
Issuer: DEPARTMENT OF TRANSPORTATION/ Pipeline and Hazardous Materials Safety Administration
Summary: In December 2012, PHMSA revised forms PHMSA F 7100.2-Incident Report-Natural and Other Gas Transmission and Gathering Pipeline Systems and PHMSA F 7000-1-Accident Report-Hazardous Liquid Pipeline Systems. These revised forms are now available for electronic submittal in the PHMSA Portal. As described in this notice, PHMSA requests supplemental reports to improve the quality of the incident and accident data.

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Enginers; New Source Performance Standards for Stationary Internal Combustion Engines
Citation: Final Rule for 40 CFR Part 60, 40 CFR Part 63
Reference: 03/06/2013 78 FR 14457 (Vol. 78, No.44)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: Minor changes

Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures; Notice
Citation: Final Rule for 40 CFR Part 136
Reference: 03/06/2013 78 FR 14457-14461 (Vol. 78, No.44)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA discussed, but did not propose, a new method, ASTM D7575, for oil and grease in the 2010 proposed Methods Update Rule (MUR). Oil and grease is a method-defined parameter. That is, the nature and amount of material determined by the method is defined in terms of the method. EPA subsequently published a Notice of Data Availability (NODA) on this method that provided new data and requested comment on whether and how EPA should approve the method in Part 136 as an alternative oil and grease method. This document provides EPA's final decision on its reconsideration of this method.

Acetonitrile; Community Right-to Know Toxic Chemical Release Reporting
Citation: Final Rule for 40 CFR Part 372
Reference: 03/05/2013 78 FR 14241-14245 (Vol. 78, No.43)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is denying a petition to remove acetonitrile from the list of chemicals subject to reporting requirements under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). EPA has reviewed the available data on this chemical and has determined that acetonitrile does not meet the deletion criterion of EPCRA section 313(d)(3). Specifically, EPA is denying this petition because EPA's review of the petition and available information resulted in the conclusion that acetonitrile meets the listing criterion of EPCRA section 313(d)(2)(B) due to its potential to cause death in humans.

Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of T2trans 1-chloro-3,3,3-trifluoroprop-1-ene [SolsticeTM 1233zd(E)]
Citation: Final Rule for 40 CFR Part 51
Reference: 02/15/2013 78 FR 11119-11122 (Vol. 78, No.32)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is proposing to revise the definition of volatile organic compounds (VOCs) for purposes of preparing state implementation plans (SIPs) to attain the national ambient air quality standards for ozone under title I of the Clean Air Act (CAA). This proposed revision would add trans 1-chloro-3,3,3-trifluoroprop-1-ene (also known as SolsticeTM 1233zd(E)) to the list of compounds excluded from the definition of VOCs on the basis that this compound makes a negligible contribution to tropospheric ozone formation. In the "Rules and Regulations" section of this Federal Register, we are making these same amendments as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

Hazard Communication; Corrections and Technical Amendment
Citation: Final Rule for 29 CFR Part 1910, 29 CFR Part 1915, 29 CFR Part 1926
Reference: 02/08/2013 78 FR 9311-9315 (Vol. 78, No. 27)
Issuer: DEPARTMENT OF LABOR/ Occupational Safety and Health Administration
Summary: OSHA is correcting its regulations that were amended by the Hazard Communication Standard final rule, published in the Federal Register on March 26, 2012. The majority of the corrections are to references inadvertently missed in the original publication of the final rule. Other corrections include correcting values or notations in tables, and updating references to terms.

Notice of Availability for Public Review and Comment: Draft EPA Climate Change Adaptation Plan
Citation: Notice
Reference: 02/08/2013 78 FR 9387-9388 (Vol. 78, No. 27)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: Scientific evidence demonstrates that the climate is changing at an increasingly rapid rate, outside the range to which society has adapted in the past. Climate change can pose significant challenges to the EPA's ability to fulfill its mission. The U.S. Environmental Protection Agency is committed to identifying and responding to the challenges that a changing climate poses to human health and the environment. It is essential; therefore, that the EPA adapt to climate change in order to continue fulfilling its statutory, regulatory and programmatic requirements, chief among these protection of human health and the environment. Adaptation will involve anticipating and planning for changes in climate and incorporating considerations of climate change into many of the Agency's programs, policies, rules and operations to ensure they are effective under changing climatic conditions. Adaptation also necessitates close coordination between EPA and its many partners and stakeholders.
EPA and other Federal Agencies and Departments have developed draft Agency Climate Change Adaptation Plans in response to the President's October 2009 Executive Order (E.O. 13514-"Federal Leadership in Environmental, Energy, and Economic Performance") and the March, 2011 Implementing Instructions to all Federal Department and Agencies. Today, EPA announces the availability of a public review draft of its Agency Plan. The draft Plan will be available for a 60-day public review.

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines
Citation: Final Rule for 40 CFR Part 60, 40 CFR Part 63
Reference: 02/05/2013 78 FR 6674-6724 (Vol. 78, No. 20)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is finalizing amendments to the national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines. The final amendments include alternative testing options for certain large spark ignition (generally natural gas-fueled) stationary reciprocating internal combustion engines, management practices for a subset of existing spark ignition stationary reciprocating internal combustion engines in sparsely populated areas and alternative monitoring and compliance options for the same engines in populated areas. The EPA is establishing management practices for existing compression ignition engines on offshore vessels. The EPA is also finalizing limits on the hours that stationary emergency engines may be used for emergency demand response and establishing fuel and reporting requirements for certain emergency engines used for emergency demand response. The final amendments also correct minor technical or editing errors in the current regulations for stationary reciprocating internal combustion engines.

Pipeline Safety: Accident and Incident Notification Time Limit
Citation: Notice
Reference: 01/30/2013 78 FR 6402-6403 (Vol. 78, No. 20)
Issuer: DEPARTMENT OF TRANSPORTATION/ Pipeline and Hazardous Materials Safety Administration
Summary: Owners and operators of gas and hazardous liquid pipeline systems and liquefied natural gas (LNG) facilities are already required to provide telephonic reports of pipeline incidents and accidents to the National Response Center (NRC) promptly, accurately, and fully communicate the estimated extent of the damages. PHMSA is issuing this advisory bulletin to notify the owners and operators that, as required by the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, the agency will issue a proposed rule to revise telephonic reporting regulations to establish specific time limits for telephonic or electronic notice of accidents and incidents involving pipeline facilities to the NRC.

Occupational Exposure to Hazardous Chemicals in Laboratories (Non-Mandatory Appendix); Technical Amendment
Citation: Final Rule for 29 CFR Part 1910
Reference: 01/22/2013 78 FR 4324-4331 (Vol. 78, No. 14)
Issuer: DEPARTMENT OF LABOR/ Occupational Safety and Health Administration
Summary: This document updates a non-mandatory appendix in OSHA's Occupational Exposure to Hazardous Chemicals in Laboratories Standard. The non-mandatory appendix is being updated to include the contents of the latest National Academy of Sciences publication entitled, "Prudent Practices in the Laboratory: Handling and Management of Chemical Hazards," 2011 edition. All revisions being made are minor and non-substantive.

National Ambient Air Quality Standards for Particulate Matter
Citation: Final Rule for 40 CFR Part 50, 40 CFR Part 51, 40 CFR Part 52, 40 CFR Part 53, 40 CFR Part 58
Reference: 01/15/2013 78 FR 3086-3287 (Vol. 78, No. 10)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: Based on its review of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA is making revisions to the suite of standards for PM to provide requisite protection of public health and welfare and to make corresponding revisions to the data handling conventions for PM and to the ambient air monitoring, reporting, and network design requirements. The EPA also is making revisions to the prevention of significant deterioration (PSD) permitting program with respect to the NAAQS revisions.
With regard to primary (health-based) standards for fine particles (generally referring to particles less than or equal to 2.5 micrometers ([m) in diameter, PM2.5), the EPA is revising the annual PM2.5 standard by lowering the level to 12.0 micrograms per cubic meter ([g/m3) so as to provide increased protection against health effects associated with long- and short-term exposures (including premature mortality, increased hospital admissions and emergency department visits, and development of chronic respiratory disease), and to retain the 24-hour PM2.5 standard at a level of 35 [g/m3. The EPA is revising the Air Quality Index (AQI) for PM2.5 to be consistent with the revised primary PM2.5 standards. With regard to the primary standard for particles generally less than or equal to 10 [m in diameter (PM10), the EPA is retaining the current 24-hour PM10 standard to continue to provide protection against effects associated with short-term exposure to thoracic coarse particles (i.e., PM10-2.5). With regard to the secondary (welfare-based) PM standards, the EPA is generally retaining the current suite of secondary standards (i.e., 24-hour and annual PM2.5 standards and a 24-hour PM10 standard). Non-visibility welfare effects are addressed by this suite of secondary standards, and PM-related visibility impairment is addressed by the secondary 24-hour PM2.5 standard.

Health and Safety Data Reporting; Addition of Certain Chemicals; Withdrawal of Final Rule
Citation: Final Rule for 40 CFR Part 716
Reference: 12/28/2012 77 FR 76419-76420 (Vol. 77, No. 249)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is withdrawing the final Toxic Substances Control Act (TSCA) section 8(d) Health and Safety Data Reporting Rule that it issued on December 3, 2012. The health and safety data reporting rule would have required manufacturers (including importers) of cadmium or cadmium compounds, including as part of an article, that have been, or are reasonably likely to be, incorporated into consumer products to report certain unpublished health and safety studies to EPA.

Office of Hazardous Materials Safety; Notice of Delays in Processing of Special Permits Applications
Citation: Notice
Reference: 12/28/2012 77 FR 76603-76604 (Vol. 77, No. 249)
Issuer: DEPARTMENT OF TRNASPORTATION / Pipeline and Hazardous Materials Safety Administration
Summary: In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.

New York State Prohibition of Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination
Citation: Notice
Reference: 12/06/2012 77 FR 72856-72858 (Vol. 77, No. 235)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: Notice is given that, pursuant to Clean Water Act Section 312(f)(3), the State of New York has determined that the protection and enhancement of the quality of the New York State (NYS or the State) portion of Lake Erie requires greater environmental protection, and has petitioned the United States Environmental Protection Agency, Region 2, for a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for those waters, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters.
New York State has proposed to establish a "Vessel Waste No Discharge Zone" for the State's portion of Lake Erie stretching from the Pennsylvania-New York State boundary to include the upper Niagara River to Niagara Falls. The proposed No Discharge Zone encompasses approximately 593 square miles and 84 linear shoreline miles, including the navigable portions of the Upper Niagara River and numerous other tributaries and harbors, and embayments of the Lake, including Barcelona Harbor, Dunkirk Harbor and Buffalo Outer Harbor, and other formally designated habitats and waterways of local, state, and national significance.

California State Nonroad Engine Pollution Control Standards; In-Use Portable Diesel Engines 50 Horsepower and Greater; Notice of Decision
Citation: Notice
Reference: 12/06/2012 77 FR 72846-72851 (Vol. 77, No. 235)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is granting the California Air Resources Board's (CARB's) request for an authorization of its airborne toxic control measure for in-use portable diesel-fueled compression-ignition engines 50 horsepower and greater.

Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and Associated Equipment
Citation: Final Rule for 49 CFR Part 571
Reference: 12/04/2012 77 FR 71717-71720 (Vol. 77, No. 233)
Issuer: DEPARTMENT OF TRANSPORTATION / National Highway Traffic Safety Administration
Summary: NHTSA is amending the Federal motor vehicle safety standard (FMVSS) on lamps, reflective devices, and associated equipment to restore the blue and green color boundaries that were removed when the agency published a final rule reorganizing that standard on December 4, 2007.

Final Rule
Citation: Final Rule for 49 CFR Part 567
Reference: 12/04/2012 77 FR 71714-71717 (Vol. 77, No. 233)
Issuer: DEPARTMENT OF TRANSPORTATION / National Highway Traffic Safety Administration
Summary: This document amends regulations that prescribe the format and contents labels that manufacturers are required to affix to motor vehicles manufactured for sale in the United States to certify the compliance of those vehicles with U.S. safety standards. The amendment will require specified certification language to be included on the labels affixed to certain types of vehicles.

Health and Safety Data Reporting; Addition of Certain Chemicals
Citation: Final Rule for 40 CFR Part 716
Reference: 12/03/2012 77 FR 71561-71568 (Vol. 77, No. 232)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This final rule requires manufacturers (including importers) of cadmium or cadmium compounds, including as part of an article, that have been, or are reasonably likely to be, incorporated into consumer products to report certain unpublished health and safety studies to EPA. The Interagency Testing Committee (ITC), established under section 4(e) of the Toxic Substances Control Act (TSCA) to recommend chemicals and chemical mixtures to EPA for priority testing consideration, amends the TSCA section 4(e) Priority Testing List through periodic reports submitted to EPA. The ITC added cadmium and cadmium compounds to the Priority Testing List through its 69th ITC Report.

Reconsideration of Certain New Source and Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units
Citation: Final Rule for 40 CFR Part 60, 40 CFR Part 63
Reference: 11/30/2012 77 FR 71323-71344 (Vol. 77, No. 231)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: On February 16, 2012, pursuant to sections 111 and 112 of the Clean Air Act (CAA), the EPA published the final rules titled "National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units." The National Emission Standards for Hazardous Air Pollutants (NESHAP) rule issued pursuant to CAA section 112 is referred to as the Mercury and Air Toxics Standards (MATS), and the New Source Performance Standards rule issued pursuant to CAA section 111 is referred to as the Utility NSPS. The Administrator received petitions for reconsideration of certain aspects of MATS and the Utility NSPS. In this notice, the EPA is announcing reconsideration of certain new source standards for MATS, the requirements applicable during periods of startup and shutdown for MATS, the startup and shutdown provisions related to the particulate matter (PM) standard in the Utility NSPS, and certain revisions to the definitional and monitoring provisions of the Utility NSPS. We are also proposing certain technical corrections to both MATS and the Utility NSPS.
We seek comment only on the aspects of the final MATS and Utility NSPS rules specifically identified in this notice. We are not opening for reconsideration any other provisions of MATS or the Utility NSPS at this time.

Draft Integrated Science Assessment for Lead
Citation: Notice
Reference: 11/27/2012 77 FR 70776-70777 (Vol. 77, No. 228)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is announcing the availability of a document titled, "Third External Review Draft Integrated Science Assessment for Lead" (EPA/600/R-10/075C). The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development as part of the review of the national ambient air quality standards (NAAQS) for lead (Pb). || EPA is releasing this draft document to seek review by the Clean Air Scientific Advisory Committee (CASAC) and the public (meeting date and location to be specified in a separate Federal Register Notice). The draft document does not represent and should not be construed to represent any final EPA policy, viewpoint, or determination. EPA will consider any public comments submitted in response to this notice when revising the document.

Greenhouse Gas Reporting Program: Proposed Amendments and Confidentiality Determinations for Subpart I
Citation: Proposed Rule for 40 CFR Part 98
Reference: 11/20/2012 77 FR 69585-69586 (Vol. 77, No. 224)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is announcing an extension of the public comment period for the proposed rule titled "Greenhouse Gas Reporting Program: Proposed Amendments and Confidentiality Determinations for Subpart I." In addition, the EPA is notifying the public that additional documentation related to this proposed rule was entered into the docket on November 8, 2012.

Section 610 Reviews of Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements; NESHAP: Reinforced Plastic Composites Production; and NPDES Permit Regulation and Effluent Limitations Guidelines Standards for Concentrated Animal Feeding Operations (CAFOs)
Citation: Final Rule for 40 CFR Part 9, 40 CFR Part 63, 40 CFR Part 80, 40 CFR Part 85, 40 CFR Part 86, 40 CFR Part 122, 40 CFR Part 123, 40 CFR Part 412
Reference: 10/31/2012 77 FR 65840-65842 (Vol. 77, No. 211)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This notice announces that EPA will review three regulatory actions pursuant to section 610 of the Regulatory Flexibility Act. Those three actions are: Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements (Heavy-Duty 610 Review); NESHAP: Reinforced Plastic Composites Production (Plastics 610 Review); and NPDES Permit Regulation and Effluent Limitations Guidelines Standards for CAFOs (CAFO 610 Review). As part of this review, EPA will consider and solicit comments on the following factors: The continued need for the rules; the nature of complaints or comments received concerning the rules; the complexity of the rules; the extent to which the rules overlap, duplicate, or conflict with other Federal, State, or local government rules; and the degree to which the technology, economic conditions or other factors have changed in areas affected by the rules.

National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources
Citation: Final Rule for 40 CFR Part 63
Reference: 10/25/2012 77 FR 65135-65136 (Vol. 77, No. 207)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: On January 30, 2012, the EPA published in the Federal Register a proposed rule reconsidering certain provisions in the final National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources (CMAS) that was promulgated on October 29, 2009. The compliance date for the final CMAS rule is October 29, 2012. However, the EPA is still in the process of finalizing the reconsideration action. For this reason, a short stay of the final CMAS rule pending completion of the reconsideration action is warranted. Pursuant to the Clean Air Act, the EPA is staying until December 24, 2012 the final CMAS rule.

Pennsylvania; Pittsburgh-Beaver Valley Nonattainment Area Determinations of Attainment of the 1997 Annual Fine Particulate Standard
Citation: Final Rule for 40 CFR Part 52
Reference: 10/12/2012 77 FR 62147-62150 (Vol. 77, No. 198)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is making two determinations regarding the Pittsburgh-Beaver Valley fine particulate matter (PM2.5) nonattainment area (hereafter referred to as "the Pittsburgh Area" or "the Area"). First, EPA determines that the Area has attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS). This determination of attainment is based upon quality-assured, quality-controlled and certified ambient air monitoring data for the 2008-2010 and 2009-2011 monitoring periods, showing that the Pittsburgh Area has monitored attainment of the 1997 annual PM2.5 NAAQS. In accordance with the EPA's applicable PM2.5 implementation rule, this determination of attainment suspends the requirements for the Area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to the attainment of the standard for so long as the Area continues to attain the 1997 annual PM2.5 NAAQS. EPA also determines, based on quality-assured, quality-controlled, and certified monitoring data for the 2007-2009 monitoring period, that the Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010. These actions are being taken under the Clean Air Act (CAA).

Approval and Promulgation of Air Quality Implementation Plans; Delaware, New Jersey, and Pennsylvania; Determination of Attainment of the 2006 24-Hour Fine Particulate Standard for the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area
Citation: Proposed Rule for 40 CFR Part 52
Reference: 10/02/2012 77 FR 60089-60094 (Vol. 77, No. 191)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is proposing to make a determination of attainment regarding the Philadelphia-Wilmington, PA-NJ-DE fine particulate (PM2.5) nonattainment area (hereafter referred to as "the Philadelphia Area" or "the Area"). EPA is proposing to determine that the Philadelphia Area has attained the 2006 24-hour PM2.5 National Ambient Air Quality Standard (NAAQS), based upon complete, quality-assured and certified ambient air monitoring data for the 2008-2010 and 2009-2011 periods and upon preliminary data available to date for 2012. If EPA finalizes this proposed determination of attainment, the requirements for the Area to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to the attainment of the standard shall be suspended for so long as the Area continues to attain the 2006 24-hour PM2.5 NAAQS. This action is being taken under the Clean Air Act (CAA). This action does not constitute a redesignation to attainment under the CAA. The designation status of the Philadelphia Area will remain nonattainment for the 2006 24-hour PM2.5 NAAQS until such time as EPA determines that the Philadelphia Area meets the CAA requirements for redesignation to attainment, including an approved maintenance plan.

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adhesives and Sealants Rule
Citation: Final Rule for 40 CFR Part 52
Reference: 09/26/2012 77 FR 59090-59093 (Vol. 77, No. 187)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is approving a revision to Pennsylvania's State Implementation Plan (SIP). The SIP revision was submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP) in order to include in the SIP amendments to relating to control of emissions of volatile organic compounds (VOCs) from the manufacture, sale, use, or application of adhesives, sealants, primers, and solvents. The SIP revision also includes amendments to the definitions in the general provisions in 25 Pa. Code. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

National Emission Standards for Hazardous Air Pollutant Emissions: Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; and Steel Pickling-HCl Process Facilities and Hydrochloric Acid Regeneration Plants
Citation: Final Rule for 40 CFR Part 63
Reference: 09/19/2012 77 FR 58220-58253 (Vol. 77, No. 182)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This action finalizes the residual risk and technology review conducted for the following source categories regulated under two national emission standards for hazardous air pollutants (NESHAP): hard and decorative chromium electroplating and chromium anodizing tanks, and steel pickling-HCl process facilities and hydrochloric acid regeneration plants. On October 21, 2010, EPA proposed amendments to these NESHAP under section 112(d)(6) and (f)(2) of the Clean Air Act. On February 8, 2012, EPA published a supplemental proposal with new analyses and results. For hard and decorative chromium electroplating and chromium anodizing tanks these final amendments addressing Clean Air Act (CAA) sections 112(d)(6) and (f)(2) include revisions to the emissions limits for total chromium; addition of housekeeping requirements to minimize fugitive emissions; and a requirement to phase-out the use of perfluorooctane sulfonic acid (PFOS) based fume suppressants. These requirements will provide greater protection for public health and the environment by reducing emissions of hexavalent chromium (a known human carcinogen). In addition, as part of the October 2010 proposal, we proposed certain actions pursuant to CAA section 112(d)(2) and (3) for hard and decorative chromium electroplating and chromium anodizing tanks. For these sources, we are modifying and adding testing and monitoring, recordkeeping, and reporting requirements; and revisions to the regulatory provisions related to emissions during periods of malfunction. For steel pickling hydrochloric acid regeneration plants, we are finalizing our proposal to remove the alternative compliance method because we believe it is inconsistent with the requirements of CAA section 112(d)(2) and (3). This amendment will achieve reductions in chlorine emissions. Additionally, we are adding provisions to the Steel Pickling Facilities NESHAP requiring that the emission limits of the rule apply at all times, including during periods of startup, shutdown and malfunction.

Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-Fire Suppression and Explosion Protection
Citation: Final Rule for 40 CFR Part 82
Reference: 09/19/2012 77 FR 58035-58045 (Vol. 77, No. 182)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is taking direct final action to list substitutes for ozone-depleting substances (ODSs) in the fire suppression and explosion protection sector as acceptable subject to use restrictions under the EPA's Significant New Alternatives Policy program. This program implements Section 612 of the Clean Air Act, as amended in 1990, which requires EPA to evaluate substitutes for ozone-depleting substances and find them acceptable where they pose comparable or lower overall risk to human health and the environment than other available substitutes.

National Priorities List, Final Rule No. 55
Citation: Final Rule for 40 CFR Part 300
Reference: 09/18/2012 77 FR 57495-57504 (Vol. 77, No. 181)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("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 ("the EPA" or "the agency") in determining which sites warrant further investigation. These further investigations will allow the 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 adds 12 sites to the General Superfund Section of the NPL.

National Pollutant Discharge Elimination System (NPDES): Draft General Permit for Point Source Discharges From New and Replacement Surface Discharging Wastewater Treatment Systems to Waters of the United States, Including to Conveyances to Waters of the United States, Including Interstate Waters That Flow Across From Part of the Boundary of Illinois and in All Areas of the State of Illinois
Citation: Notice
Reference: 09/17/2012 77 FR 57084 (Vol. 77, No. 180)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA, Region 5 today is proposing an NPDES draft general permit for point source discharges of less than 1500 gallons per day from new and replacement surface discharging wastewater treatment systems to Waters of the United States, including to conveyances to Waters of the United States, including interstate waters that flow across or form part of the boundary of Illinois and in all areas of the State of Illinois. Once finalized, this permit will be available to eligible surface discharging system owners or operators who submit an administratively complete notice of intent to be covered by the general permit, including the technological and economic feasibility analyses. The permit will require compliance with certain effluent limitations and inspection, monitoring and reporting requirements. The Agency is asking the public for comments on the draft general permit. The permit and supporting documentation are available at: www.epa.gov/region5/water/npdestek/surfacedischarge/.

Hours of Service of Drivers of Commercial Motor Vehicles; Regulatory Guidance for Oil Field Exception
Citation: Proposed Rule for 40 CFR Part 395
Reference: 09/17/2012 77 FR 57068-57069 (Vol. 77, No. 180)
Issuer: DEPARTMENT OF TRANSPORTATION/Federal Motor Carrier Safety Administration
Summary: FMCSA announces that it will hold its third and final public listening session to receive comments on the Agency's June 5, 2012, notice concerning regulatory guidance on the applicability of the oilfield operations exceptions in the hours-of-service regulations. In an August 6, 2012, Federal Register notice, the Agency extended the deadline for public comments from August 6 to October 5, 2012. As with the previous sessions, the Dallas listening session will be open to the public and webcast in its entirety.

Standards of Performance for Petroleum Refineries; Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007
Citation: Final Rule for 40 CFR Part 9, 40 CFR Part 60
Reference: 09/12/2012 77 FR 56422-56480 (Vol. 77, No. 177)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: On June 24, 2008, the EPA promulgated amendments to the Standards of Performance for Petroleum Refineries and new standards of performance for petroleum refinery process units constructed, reconstructed or modified after May 14, 2007. The EPA subsequently received three petitions for reconsideration of these final rules. On September 26, 2008, the EPA granted reconsideration and issued a stay for the issues raised in the petitions regarding process heaters and flares. On December 22, 2008, the EPA addressed those specific issues by proposing amendments to certain provisions for process heaters and flares and extending the stay of these provisions until further notice. The EPA also proposed technical corrections to the rules for issues that were raised in the petitions for reconsideration. In this action, the EPA is finalizing those amendments and technical corrections and is lifting the stay of all the provisions granted on September 26, 2008 and extended until further notice on December 22, 2008.

 

Ambient Air Monitoring Reference and Equivalent Methods: Designation of a New Equivalent Method
Citation: Notice
Reference: 09/11/2012 77 FR 55832-55833 (Vol. 77, No. 176)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: Notice is hereby given that the Environmental Protection Agency (EPA) has designated, in accordance with 40 CFR part 53, a new equivalent method for measuring concentrations of PM2.5 in the ambient air.

 

Notice of Opportunity to Comment on a Methodology for Allocating Greenhouse Gas Emissions to a Combined Heat and Power Configuration Under the Renewable Fuels Program, and the Application of this Methodology to a Proposed Plant by Dakota Spirit AgEnergy in Spiritwood, ND
Citation: Notice
Reference: 09/11/2012 77 FR 55834-55837 (Vol. 77, No. 176)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is evaluating a petition by Dakota Spirit AgEnergy for approval of a fuel pathway for its corn ethanol plant under the Renewable Fuels Standard (RFS) program. The corn ethanol plant would import process steam from a combined heat and power (CHP) system located at an offsite facility. EPA is inviting comment on the application of a certain methodology for allocating greenhouse gas (GHG) emissions for the steam and on the feasibility and appropriateness of using this allocation methodology for other similar CHP configurations under the RFS program.

 

Civil Penalties
Citation: Proposed Rule for 49 CFR Part 578
Reference: 09/7/2012 77 FR 55175-55179 (Vol. 77, No. 174)
Issuer: DEPARTMENT OF TRANSPORTATION/National Highway Traffic Safety Administration
Summary: This document proposes to increase the maximum civil penalty amounts for violations of motor vehicle safety requirements for the National Traffic and Motor Vehicle Safety Act, as amended, and violations of bumper standards and consumer information provisions. Specifically, this proposes increases in maximum civil penalty amounts for single violations of motor vehicle safety requirements, a series of related violations of school bus and equipment safety requirements, a series of related violations of bumper standards, and a series of related violations of consumer information regarding crashworthiness and damage susceptibility requirements. This action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, which requires us to review and, as warranted, adjust penalties based on inflation at least every four years.

 

FMCSA Policy on the Timeliness of New Entrant Corrective Action Submissions
Citation: Final Rule for 40 CFR Part 385
Reference: 08/16/2012 77 FR 49384-49385 (Vol. 77, No. 159)
Issuer: DEPARTMENT OF TRANSPORTATION/Federal Motor Carrier Safety Administration
Summary: FMCSA provides notice of the Agency's policy that it must receive a new entrant motor carrier's evidence of corrective action within 15 days of the date of a new entrant safety audit failure notice or within 10 days of the date of an expedited action notice. A new entrant motor carrier that does not submit evidence of corrective action within these time periods could have its registration revoked and be placed out of service.

 

Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutant Reviews
Citation: Final Rule for 40 CFR Part 60, 40 CFR Part 63
Reference: 08/16/2012 77 FR 49490-49600 (Vol. 77, No. 159)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This action finalizes the review of new source performance standards for the listed oil and natural gas source category. In this action the EPA revised the new source performance standards for volatile organic compounds from leaking components at onshore natural gas processing plants and new source performance standards for sulfur dioxide emissions from natural gas processing plants. The EPA also established standards for certain oil and gas operations not covered by the existing standards. In addition to the operations covered by the existing standards, the newly established standards will regulate volatile organic compound emissions from gas wells, centrifugal compressors, reciprocating compressors, pneumatic controllers and storage vessels. This action also finalizes the residual risk and technology review for the Oil and Natural Gas Production source category and the Natural Gas Transmission and Storage source category. This action includes revisions to the existing leak detection and repair requirements. In addition, the EPA has established in this action emission limits reflecting maximum achievable control technology for certain currently uncontrolled emission sources in these source categories. This action also includes modification and addition of testing and monitoring and related notification, recordkeeping and reporting requirements, as well as other minor technical revisions to the national emission standards for hazardous air pollutants. This action finalizes revisions to the regulatory provisions related to emissions during periods of startup, shutdown and malfunction.

 

Hazardous Materials: Harmonization with International Standard (RRR)
Citation: Proposed Rule for 49 CFR Part 171, 49 CFR Part 172, 49 CFR Part 173, 49 CFR Part 175, 49 CFR Part 176, 49 CFR Part 178
Reference: 08/15/2012 77 FR 49168-49276 (Vol. 77, No. 158)
Issuer: DEPARTMENT OF TRANSPORTATION/Pipeline and Hazardous Materials Safety Administration
Summary: PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods-Model Regulations and subsequently address a petition for rulemaking.

 

New Source Performance Standards Review for Nitric Acid Plants
Citation: Final Rule for 40 CFR Part 60
Reference: 08/14/2012 77 FR 48433-48448 (Vol. 77, No. 157)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is finalizing the new source performance standards (NSPS) for nitric acid plants. Nitric acid plants include one or more nitric acid production units (NAPUs). These revisions include a change to the nitrogen oxides (NOX) emission limit, which applies to each NAPU commencing construction, modification, or reconstruction after October 14, 2011. These revisions also include additional testing and monitoring requirements.

 

Final National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges From Construction Activities
Citation: Notice
Reference: 08/07/2012 77 FR 47065-47067 (Vol. 77, No. 152)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA previously announced the issuance of the NPDES general permit for stormwater discharges from construction activity, also referred to as the 2012 Construction General Permit (2012 CGP), in the February 29, 2012 Federal Register. Today's action provides notice of final 2012 CGP issuance for Idaho; Washington (for projects involving federal operators); the Fond Du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; the Bad River Band and Lac Du Flambeau Band of Lake Superior Chippewa in Wisconsin. EPA is also today providing notice of its correction of typographical errors made in the 2012 CGP pertaining to New Mexico's state-specific requirements and the state's list of designated Tier 2 and Tier 3 waters, and a correction to EPA's omission of Idaho's list of designated Tier 2 and Tier 3 waters.

 

Respiratory Protection; Mechanical Power Presses; Scaffold Specifications; Correction and Technical Amendment
Citation: Final Rule for 29 CFR Part 1910, 29 CFR Part 1926
Reference: 08/07/2012 77 FR 46948-46950 (Vol. 77, No. 152)
Issuer: DEPARTMENT OF LABOR/Occupational Safety and Health Administration
Summary: OSHA is correcting the medical evaluation questionnaire in Appendix C of its Respiratory Protection standard by removing the term "fits" in a question. OSHA also is correcting its Mechanical Power Presses standard for general industry by restoring requirements that were removed inadvertently from the regulatory text. Finally, the Agency is correcting a cross reference made in two paragraphs in Appendix A to subpart L of its scaffold standards for construction.

 

National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants
Citation: Proposed Rule for 77 CFR Part 60, 40 CFR Part 63
Reference: 08/03/2012 77 FR 46371-46373 (Vol. 77, No. 150)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA has been requested to hold a public hearing on its proposed rule, "National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants," which was published in the Federal Register on July 18, 2012. The EPA will hold the hearing on August 16, 2012, in Arlington, Texas.

 

National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units: Notice of Partial Stay
Citation: Final Rule for 40 CFR Part 63
Reference: 08/02/2012 77 FR 45967-45968 (Vol. 77, No. 149)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This action stays the effectiveness of national new source emission standards for hazardous air pollutants from coal- and oil-fired electric utility steam generating units issued pursuant to Clean Air Act section 112 that were published in the Federal Register on February 16, 2012 (77 FR 9304).

 

Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Surface Transportation Assistance Act of 1982 (STAA), as Amended
Citation: Final Rule for 29 CFR Part 1978
Reference: 07/27/2012 77 FR 44121-44139 (Vol. 77, No. 145)
Issuer: DEPARTMENT OF LABOR/Occupational Safety and Health Administration
Summary: This document provides the final text of regulations governing employee protection (or "whistleblower") claims under the Surface Transportation Assistance Act of 1982 (STAA), as amended, implementing statutory changes to STAA enacted into law on August 3, 2007, as part of the Implementing Recommendations of the 9/11 Commission Act of 2007. On August 31, 2010, the Occupational Safety and Health Administration (OSHA) published an interim final rule (IFR) for STAA whistleblower complaints in the Federal Register and requested public comment on the IFR. This final rule implements changes to the IFR in response to comments received, where appropriate. This final rule also finalizes changes to the procedures for handling whistleblower complaints under STAA that were designed to make them more consistent with OSHA's procedures for handling retaliation complaints under Section 211 of the Energy Reorganization Act of 1974, and other whistleblower provisions. It also sets forth interpretations of STAA.

 

Updating OSHA Construction Standards Based on National Consensus Standards; Head Protection; Correction of Direct Final Rule
Citation: Final Rule for 29 CFR Part 1926
Reference: 07/23/2012 77 FR 42988-42989 (Vol. 77, No. 141)
Issuer: DEPARTMENT OF LABOR/Occupational Safety and Health Administration
Summary: OSHA is correcting a direct final rule (DFR) with regard to the construction industry head protection standards to eliminate confusion resulting from a drafting error. OSHA published the DFR on June 22, 2012 (77 FR 37587). OSHA also is publishing a correction to the proposed rule that it published the same day in the Federal Register (77 FR 37617).

 

Updating OSHA Construction Standards Based on National Consensus Standards; Head Protection; Correction of Direct Final Rule
Citation: Final Rule for 29 CFR Part 1926
Reference: 07/23/2012 77 FR 42988-42989 (Vol. 77, No. 141)
Issuer: DEPARTMENT OF LABOR/Occupational Safety and Health Administration
Summary: OSHA is correcting a direct final rule (DFR) with regard to the construction industry head protection standards to eliminate confusion resulting from a drafting error. OSHA published the DFR on June 22, 2012 (77 FR 37587). OSHA also is publishing a correction to the proposed rule that it published the same day in the Federal Register (77 FR 37617).

 

National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants
Citation: Proposed Rule for 77 CFR Part 60, 40 CFR Part 63
Reference: 07/18/2012 77 FR 42368-42412 (Vol. 77, No. 138)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for the Portland cement industry for Portland cement plants issued under sections 112(d) of the Clean Air Act. Specifically, the EPA is proposing to amend the existing and new source standards for particulate matter (PM). The EPA is also proposing amendments with respect to issues on which it granted reconsideration on May 17, 2011. In addition, the EPA is proposing amendments to the new source performance standard for PM issued pursuant to section 111(b) of the Clean Air Act. These proposed amendments would promote flexibility, reduce costs, and ease compliance burdens. EPA is also addressing the remand of the emission standards in the NESHAP by the D.C. Circuit on December 9, 2011. Finally, the EPA is proposing to extend the date for compliance with the existing source national emission standards for hazardous air pollutants to September 9, 2015.

 

National Ambient Air Quality Standards for Particulate Matter
Citation: Proposed Rule for 40 CFR Parts 50, 51, 52, 53, and 58
Reference: 06/29/2012 77 FR 38890-39047 (Vol. 77, No. 126)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: Based on its review of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA proposes to make revisions to the primary and secondary NAAQS for PM to provide requisite protection of public health and welfare, respectively, and to make corresponding revisions to the data handling conventions for PM and ambient air monitoring, reporting, and network design requirements. The EPA also proposes revisions to the prevention of significant deterioration (PSD) permitting program with respect to the proposed NAAQS revisions. With regard to primary standards for fine particles (generally referring to particles less than or equal to 2.5 micrometers ([m) in diameter, PM2.5), the EPA proposes to revise the annual PM2.5 standard by lowering the level to within a range of 12.0 to 13.0 micrograms per cubic meter ([g/m3), so as to provide increased protection against health effects associated with long- and short-term exposures (including premature mortality, increased hospital admissions and emergency department visits, and development of chronic respiratory disease) and to retain the 24-hour PM2.5 standard. The EPA proposes changes to the Air Quality Index (AQI) for PM2.5 to be consistent with the proposed primary PM2.5 standards. With regard to the primary standard for particles generally less than or equal to 10 [m in diameter (PM10), the EPA proposes to retain the current 24-hour PM10 standard to continue to provide protection against effects associated with short-term exposure to thoracic coarse particles (i.e., PM10-2.5). With regard to the secondary PM standards, the EPA proposes to revise the suite of secondary PM standards by adding a distinct standard for PM2.5 to address PM-related visibility impairment and to retain the current standards generally to address non-visibility welfare effects. The proposed distinct secondary standard would be defined in terms of a PM2.5 visibility index, which would use speciated PM2.5 mass concentrations and relative humidity data to calculate PM2.5 light extinction, translated to the deciview (dv) scale, similar to the Regional Haze Program; a 24-hour averaging time; a 90th percentile form averaged over 3 years; and a level set at one of two options-either 30 dv or 28 dv.

 

Significant New Use Rules on Certain Chemical Substances; Withdrawal of Significant New Use Rules
Citation: Final Rule for 40 CFR Part 9, 40 CFR Part 721
Reference: 06/22/2012 77 FR 37608-37609 (Vol. 77, No. 120)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for seven chemical substances which were the subject of premanufacture notices (PMNs). EPA published these SNURs using direct final rulemaking procedures. EPA received a notice of intent to submit adverse comments on the rule. Therefore, the Agency is withdrawing these SNURs, as required under the expedited SNUR rulemaking process. EPA intends to publish in the near future proposed SNURs for these seven chemical substances under separate notice and comment procedures.

 

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines
Citation: Final Rule for 40 CFR Part 63
Reference: 06/21/2012 77 FR 36361-36362 (Vol. 77, No. 120)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA published in the Federal Register on June 7, 2012, the proposed rule, "National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines." The EPA was asked to hold a public hearing. Therefore, the EPA is making two announcements: First, a public hearing for the proposed, "National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines" will be held on July 10, 2012, and second, the comment period for the proposed rule will be extended until August 9, 2012.

 

Exemption From Transportation Worker Identification Credential (TWIC) Expiration Provisions for Certain Individuals Who Hold a Valid TWIC
Citation: Final Rule for 40 CFR Part 1572
Reference: 06/19/2012 77 FR 36406-36408 (Vol. 77, No. 118)
Issuer: DEPARTMENT OF HOMELAND SECURITY
Summary: The Transportation Security Administration (TSA) is granting a temporary exemption from certain TWIC regulations regarding card expiration and replacement requirements. This exemption applies to U.S. nationals* who hold a valid TWIC expiring on or before December 31, 2014. The exemption permits eligible TWIC holders to obtain a replacement card that extends the expiration date of their current security threat assessment and TWIC by three years. During 2012, DHS intends to publish a Notice of Proposed Rulemaking (NPRM) to seek comment on card reader requirements and deployment requirement plans. At the end of the three-year extension period, pending the outcome of this rulemaking activity, DHS expects card reader requirements to be in place and readers to be deployed at facilities with the highest risk.
* The term U.S. nationals includes U.S. citizens and noncitizen nationals of the United States.

 

National Pollutant Discharge Elimination System-Proposed Regulations to Establish Requirements for Cooling Water Intake Structures at Existing Facilities; Notice of Data Availability Related to EPA's Stated Preference Study
Citation: Proposed Rule for 40 CFR Part 122, 40 CFR Part 123, 40 CFR Part 124, 40 CFR Part 125
Reference: 06/12/2012 77 FR 34927-34931 (Vol. 77, No. 113)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: On April 20, 2011, EPA published proposed standards for cooling water intake structures at all existing power generating, manufacturing, and industrial facilities as part of implementing section 316(b) of the Clean Water Act (CWA). This notice presents a summary of new information EPA has developed since the rule proposal. The information results from a stated preference survey that EPA conducted after the proposed rule was published. Stated preference surveys are an attempt to determine the economic value of goods or services by means other than by assessing the effects of changes in the market for the goods and services. In this notice EPA solicits comment on the information presented in this notice and on what role, if any, it should play in EPA's assessment of the benefits of regulatory options for the final rule, pending completion of the survey and external peer review.

 

National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines
Citation: Proposed Rule for 40 CFR Part 60, 40 CFR Part 63
Reference: 06/07/2012 77 FR 33812-33857 (Vol. 77, No. 110)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is proposing amendments to the national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines under section 112 of the Clean Air Act. The proposed amendments include alternative testing options for certain large spark ignition (generally natural gas-fueled) stationary reciprocating internal combustion engines, management practices for a subset of existing spark ignition stationary reciprocating internal combustion engines in sparsely populated areas and alternative monitoring and compliance options for the same engines in populated areas. The EPA is also proposing to include a limited temporary allowance for existing stationary emergency area source engines to be used for peak shaving and non-emergency demand response. In addition, the EPA is proposing to increase the hours that stationary emergency engines may be used for emergency demand response. The proposed amendments also correct minor mistakes in the pre-existing regulations.

 

Elemental Mercury Used in Barometers, Manometers, Hygrometers, and Psychrometers; Significant New Use Rule
Citation: Final Rule for 40 CFR Part 721
Reference: 05/30/2012 77 FR 31728-31734 (Vol. 77, No. 104)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is promulgating a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for elemental mercury use in barometers, manometers, hygrometers, and psychrometers. This action will require persons who intend to manufacture (including import) or process elemental mercury for an activity that is designated as a significant new use by this final 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.

 

Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and the Stratospheric Ozone Protection Program: Recent Posting to the Applicability Determination Index (ADI) Database System of Agency Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations
Citation: Notice
Reference: 05/22/2012 77 FR 30283-30289 (Vol. 77, No. 99)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This notice announces applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and the Stratospheric Ozone Protection Program.

 

Final National Recommended Ambient Water Quality Criteria for Carbaryl-2012
Citation: Notice
Reference: 05/22/2012 77 FR 30280-30282 (Vol. 77, No. 99)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: Pursuant to section 304(a) of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) is announcing the availability of final national recommended water quality criteria for the protection of aquatic life from effects of carbaryl (EPA-820-R-12-007). The final criteria document incorporates the latest scientific knowledge on the toxicity of carbaryl to aquatic life. On November 1, 2011, EPA published draft national recommended water quality criteria for carbaryl and provided the public an opportunity to provide scientific views. EPA developed the aquatic life criteria based on EPA's Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses (1985), (EPA/R-85-100). EPA's recommended section 304(a) water quality criteria provides guidance to States and authorized Tribes in adopting water quality standards for protecting aquatic life and human health. These criteria are intended to protect aquatic life and do not evaluate human health toxicity data. EPA's recommended water quality criteria provide technical information for states and authorized tribes in adopting water quality standards, but by themselves have no binding legal effect. EPA's national recommended final acute and chronic ambient water quality criteria (AWQC) for protecting freshwater organisms from potential effects of carbaryl is 2.1 [g/L. For the protection of estuarine/marine organisms from potential effects of carbaryl, EPA is recommending a final acute AWQC of 1.6 [g/L. At the present time, there are insufficient data to calculate a chronic AWQC for estuarine/marine organisms.

 

Clean Water Act Section 303(d): Withdrawal of Nine Total Maximum Daily Loads (TMDLs)
Citation: Notice
Reference: 05/22/2012 77 FR 30280 (Vol. 77, No. 99)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: In this final rule, the EPA is establishing the air quality thresholds that define the classifications assigned to all nonattainment areas for the 2008 ozone national ambient air quality standards (NAAQS) (the "2008 ozone NAAQS") which were promulgated on March 12, 2008. The EPA is also granting reclassification for selected nonattainment areas that voluntarily reclassified under the 1997 ozone NAAQS. This rule also establishes December 31 of each relevant calendar year as the attainment date for all nonattainment area classification categories. Finally, this rule provides for the revocation of the 1997 ozone NAAQS for transportation conformity purposes to occur 1 year after the effective date of designations for the 2008 ozone NAAQS.

 

Implementation of the 2008 National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications Approach, Attainment Deadlines and Revocation of the 1997 Ozone Standards for Transportation Conformity Purposes
Citation: Final Rule for 40 CFR Part 50, 40 CFR Part 51
Reference: 05/21/2012 77 FR 30160-30174 (Vol. 77, No. 98)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: In this final rule, the EPA is establishing the air quality thresholds that define the classifications assigned to all nonattainment areas for the 2008 ozone national ambient air quality standards (NAAQS) (the "2008 ozone NAAQS") which were promulgated on March 12, 2008. The EPA is also granting reclassification for selected nonattainment areas that voluntarily reclassified under the 1997 ozone NAAQS. This rule also establishes December 31 of each relevant calendar year as the attainment date for all nonattainment area classification categories. Finally, this rule provides for the revocation of the 1997 ozone NAAQS for transportation conformity purposes to occur 1 year after the effective date of designations for the 2008 ozone NAAQS.

 

2012 Technical Corrections, Clarifying and Other Amendments to the Greenhouse Gas Reporting Rule, and Proposed Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category
Citation: Proposed Rule for 40 CFR Part 98
Reference: 05/21/2012 77 FR 29935-29953 (Vol. 77, No. 98)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is proposing to amend specific provisions of the Greenhouse Gas Reporting Rule to provide greater clarity and flexibility to facilities subject to reporting emissions from certain source categories. These source categories will report greenhouse gas (GHG) data for the first time in September of 2012. The proposed changes are not expected to significantly change the overall calculation and monitoring requirements of the Greenhouse Gas Reporting Rule or add additional requirements for reporters, but are expected to correct errors and clarify existing requirements in order to facilitate accurate and timely reporting. The EPA is also proposing confidentiality determinations for four new data elements for the fluorinated gas production source category of the Greenhouse Gas Reporting Rule. Lastly, we are proposing an amendment to Table A-7 of the general provisions to add a data element used as an input to an emission equation in the fluorinated gas production source category.


Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards
Citation: Final Rule for 40 CFR Part 81
Reference: 05/21/2012 77 FR 30088-30160 (Vol. 77, No. 98)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This rule establishes initial air quality designations for most areas in the United States, including areas of Indian country, for the 2008 primary and secondary national ambient air quality standards (NAAQS) for ozone. The designations for several counties in Illinois, Indiana, and Wisconsin that the EPA is considering for inclusion in the Chicago nonattainment area will be designated in a subsequent action, no later than May 31, 2012. Areas designated as nonattainment are also being classified by operation of law according to the severity of their air quality problems. The classification categories are Marginal, Moderate, Serious, Severe, and Extreme. The EPA is establishing the air quality thresholds that define the classifications in a separate rule that the EPA is signing and publishing in the Federal Register on the same schedule as these designations. In accordance with that separate rule, six nonattainment areas in California are being reclassified to a higher classification.

EPA Updates Clean Air Act Requirements for Gas Stations to Reflect New Vehicle Technologies
Reference: 05/10/2012 USEPA Press Release
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The U.S. Environmental Protection Agency (EPA) has determined that the systems used at gas station pumps to capture harmful gasoline vapors while refueling cars can be phased out. Beginning later this year, states may begin the process of phasing out vapor recovery systems at the pump since approximately 70 percent of all vehicles are equipped with on-board systems that capture these vapors. This final rule will ensure that regulations protect public health and the environment while potentially saving approximately 31,000 affected gas stations more than $3,000 each year when fully implemented.

Denial of Reconsideration Petitions on Standards of Performance for New Stationary Sources an d Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units
Citation: Final Rule for 40 CFR Part 60
Reference: 04/27/2012 77 FR 25087-25088 (Vol. 77, No. 82)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is providing notice that it has denied two petitions for reconsideration of a final rule published in the Federal Register on March 21, 2011. The rule established new source performance standards and emission guidelines for sewage sludge incineration units located at wastewater treatment facilities designed to treat domestic sewage sludge, and was issued pursuant to the EPA's authority under Clean Air Act section 129 to regulate solid waste incineration units. After publication of the rule, the EPA received petitions for reconsideration of the final rule from the National Association of Clean Water Agencies (NACWA) (dated May 24, 2011) and the Sierra Club (dated May 20, 2011). After carefully considering the petitions and supporting information, in reaching a decision on the petitions, EPA Administrator Lisa P. Jackson denied the petitions for reconsideration on April 6, 2012, in separate letters to the petitioners. EPA denied the petitions because they fail to meet the procedural test for reconsideration under CAA section 307(d)(7)(B), and/or are not of central relevance to the outcome of the rule, both of which are necessary conditions precedent to granting reconsideration. The letters explain in detail EPA's reasons for the denials.

 

Significant New Use Rules on Certain Chemical Substances
Citation: Final Rule for 40 CFR Part 9, 40 CFR Part 721
Reference: 04/27/2012 77 FR 25236-25284 (Vol. 77, No. 82)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 119 chemical substances which were the subject of premanufacture notices (PMNs). Four of these chemical substances are subject to TSCA consent orders issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 119 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.

 

NOx Limits and Stack Testing for Boilers and Indirect Heat Exchangers Sized 25-50 MMBTU/hr
Issuer: New Jersey Department of Environmental Protection
Reference: Compliance Advisory Update #2012-04
Date: April 2012
Summary: Pursuant to N.J.A.C. 7:27-19.7, emissions of Nitrogen Oxide (NOx) are regulated for
boiler(s) and indirect heat exchanger(s) sized between 25 - 50 MMBTU/hr heat input rate. Therefore, these regulated boiler(s) and indirect heat exchanger(s) must meet the NOx emission LIMITS in pounds of NOx per million BTU as listed in N.J.A.C. 7:27-19.7(i), Table 9. The exact emission limits vary by fuel-type and burner-type. For physically-modified boilers, the Table 9 NOx emission limits will become effective on May 1, 2012. For unmodified boilers, the Table 9 NOx emission limits became effective on May 1, 2011.

 

Significant New Use Rules on Certain Chemical Substances
Citation: Final Rule for 40 CFR Part 9, 40 CFR Part 721
Reference: 04/25/2012 77 FR 24613-24628 (Vol. 77, No. 80)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 23 chemical substances which were the subject of premanufacture notices (PMNs). Nine of these chemical substances are subject to TSCA consent orders issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 23 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.

 

New U.S. EPA Cyanide Analysis Methods
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Reference: Docket No. EPA-HQ-OW-2010-0192
Date: April 17, 2012
Summary: The USEPA Administrator signed a Method Update Rule (MUR) approving new methods for analysis of NPDES wastewater samples. Six ASTM methods covering sampling, preservation and analysis of free, available and total cyanide are included in the MUR.

 

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Streamlining Amendments to the Plan Approval Regulations
Citation: Proposed Rule for 40 CFR Part 52
Reference: 04/12/2012 77 FR 21908-21911 (Vol. 77, No. 71)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is proposing to grant limited approval to a State Implementation Plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) on April 14, 2009. The revision pertains to PADEP's plan approval requirements for the construction, modification, and operation of sources, and is primarily intended to streamline the process for minor permitting actions. This action is being taken under the Clean Air Act (CAA).

 

Approval and Promulgation of Air Quality Implementation Plans; Delaware, Maryland, New Jersey, and Pennsylvania; Determinations of Attainment of the 1997 8-Hour Ozone Standard for the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area
Citation: Final Rule for 40 CFR Part 52
Reference: 03/26/2012 77 FR 17341-17344 (Vol. 77, No. 58)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: EPA is making two determinations regarding the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area (the Philadelphia Area). First, EPA is determining that the Philadelphia Area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon complete, quality assured, and certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2008-2010 monitoring period. In accordance with EPA's applicable ozone implementation rule, this clean data determination suspends the requirement for the Philadelphia Area to submit an attainment demonstration, reasonably available control measures (RACM), a reasonable further progress (RFP) plan and contingency measures related to attainment of the 1997 8-hours ozone NAAQS. These requirements shall be suspended for so long as the area continues to attain the 1997 8-hour ozone NAAQS. Second, EPA is determining that the Philadelphia Area has attained the 1997 8-hour ozone NAAQS by its attainment date of June 15, 2011. These actions are being taken under the Clean Air Act (CAA).

 

National Uniform Emission Standards for Storage Vessel and Transfer Operations, Equipment Leaks, and Closed Vent Systems and Control Devices; and Revisions to the National Uniform Emission Standards General Provisions
Citation: Proposed Rule for 40 CFR Part 65
Reference: 03/26/2012 77 FR 17898-18052 (Vol. 77, No. 58)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is proposing National Uniform Emission Standards for Storage Vessels and Transfer Operations, Equipment Leaks and Control Devices, herein referred to as Uniform Standards. The EPA is also proposing supplemental revisions to the National Uniform Emission Standards General Provisions, which were proposed with the National Uniform Emission Standards for Heat Exchange Systems, signed by the EPA Administrator on November 30, 2011.
The proposed Uniform Standards would be referenced, as appropriate, in future revisions to new source performance standards and national emission standards for hazardous air pollutants for individual source categories that are part of the chemical manufacturing and refining industries that have storage vessels and transfer operations, equipment leaks or control devices used to control process vents from reactors, distillation and other operations, as well as from emissions from storage vessels, transfer operations and equipment leaks that are routed to control devices. Establishing these Uniform Standards is consistent with the objectives of Executive Order 13563, Improving Regulation and Regulatory Review, issued on January 18, 2011. In the future, as we periodically review and, if necessary, revise new source performance standards and national emission standards for hazardous air pollutants, as required by the Clean Air Act, we can direct those rulemakings to the proposed Uniform Standards, provided the Uniform Standards meet the applicable statutory stringency requirements for the specific rulemaking. The proposed Uniform Standards would ensure consistency and streamline recordkeeping and reporting requirements for facilities with storage vessels and transfer operations, equipment leaks and process vents that must comply with multiple regulations.

 

Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of a Group of Four Hydrofluoropolyethers (HFPEs)
Citation: Proposed Rule for 40 CFR Part 51
Reference: 03/23/2012 77 CFR 16981-16987 (Vol. 77, No. 57)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is proposing to revise the agency's definition of volatile organic compounds (VOCs) for purposes of preparing State Implementation Plans (SIPs) to attain the national ambient air quality standard (NAAQS) for ozone under Title I of the Clean Air Act (CAA). This proposed revision would add four chemical compounds to the list of compounds excluded from the definition of VOC on the basis that each of these compounds makes a negligible contribution to tropospheric ozone formation. These compounds consist of four hydrofluoropolyethers (HFPEs) which are identified as HCF2OCF2H (also known as HFE-134), HCF2OCF2OCF2H (also known as HFE-236cal2), HCF2OCF2CF2OCF2H (also known as HFE-338pcc13), and HCF2OCF2OCF2CF2OCF2H (also known as H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)). In addition, the EPA is proposing to make certain technical corrections to the current list of exempt compounds at 40 CFR 51.100(s)(1).

 

National Emission Standards for Hazardous Air Pollutants: Secondary Aluminum Production
Citation: Proposed Rule for 40 CFR Part 63
Reference: 03/23/2012 77 FR 16987-16988 (Vol. 77, No. 57)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: On February 14, 2012, EPA proposed amendments to the national emission standards for hazardous air pollutants for secondary aluminum production (77 FR 8576). The EPA is extending the deadline for written comments on the proposed amendments by 14 days to April 13, 2012. The EPA received a request for an extension from the Aluminum Association. The Aluminum Association has requested the extension in order to allow more time to review the redlined of the original rule and the proposed revisions, as well as review the test data for Group I furnaces.

 

Emergency Planning and Notification; Emergency Planning and List of Extremely Hazardous Substances and Threshold Planning Quantities
Citation: Final Rule for 40 CFR Part 355
Reference 03/22/12 77 FR 16679-16688 (Vol. 77, No. 56)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The U.S. Environmental Protection Agency (EPA or the Agency) is taking final action to revise the manner for applying the threshold planning quantities (TPQs) for those extremely hazardous substances (EHSs) that are non-reactive solid chemicals in solution. This revision allows facilities subject to the Emergency Planning requirements that have a non-reactive solid EHS in solution, to first multiply the amount of the solid chemical in solution on-site by 0.2 before determining if this quantity equals or exceeds the lower published TPQ. This change is based on data that shows less potential for non-reactive solid chemicals in solution to remain airborne and dispersed beyond a facility's fence line in the event of an accidental release. Previously, EPA assumed that 100% of non-reactive solid chemicals in solution could become airborne and dispersed beyond the fenceline in the event of an accidental release.

 

Pipeline Safety: Implementation of the National Registry of Pipeline and Liquefied Natural Gas Operators
Citation: Final Rule for 49 CFR Part 191, 49 CFR Part 192, 49 CFR Part 193, 49 CFR Part 195
Reference: 03/21/2012 77 FR 16471-16472 (Vol. 77, No. 55)
Issuer: DEPARTMENT OF TRANSPORTATION / Pipeline and Hazardous Materials Safety Administration
Summary: This notice advises owners and operators of pipeline facilities of PHMSA's plan for implementing the national registry of pipeline and liquefied natural gas operators. This notice provides updates to the information contained in a PHMSA Advisory Bulletin published on January 13, 2012 (77 FR 2126).

 

National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; Pesticide Active Ingredient Production; and Polyether Polyols Production
Citation: Proposed Rule for 40 CFR Part 63
Reference: 03/21/2012 77 FR 16508-16509 (Vol. 77, No. 55)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: On January 9, 2012, the EPA proposed amendments to three national emission standards for hazardous air pollutants: National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production; and National Emission Standards for Hazardous Air Pollutants for Polyether Polyols Production. The EPA is reopening the comment period until March 30, 2012. The EPA received a request for this reopening from the Sierra Club. The Sierra Club requested the reopening in order to analyze data and review the proposed amendments. EPA finds this request to be reasonable due to the multiple source categories involved in this action.

 

Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5): Amendment to the Definition “Regulated NSR Pollutant” Concerning Condensable Particulate Matter
Citation: Proposed Rule for 40 CFR Part 51, 40 CFR Part 52
Reference: 03/16/2012 77 FR 15656-15664 (Vol. 77, No. 52)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: The EPA is proposing to revise the definition "regulated NSR pollutant" contained in two sets of Prevention of Significant Deterioration (PSD) regulations and in the EPA's Emission Offset Interpretative Ruling. This revision would correct an inadvertent error made in 2008 when the EPA issued its final rule to implement the new source review (NSR) program for fine particles with an aerodynamic diameter of less than or equal to 2.5 micrometers (PM2.5). Effectively, this revision would reestablish the interpretation that for measurement of "particulate matter emissions" in the context of the PSD and NSR regulations there is no explicit requirement to include measurement of condensable PM. However, the condensable portion would continue to be required for emissions of particles with an aerodynamic diameter of less than or equal to 10 micrometers (PM10) and PM2.5.

 

Revising Standards Reference in the Acetylene Standard
Citation: Final Rule for 29 CFR Part 1910
Reference: 03/08/2012 77 FR 13969-13970 (Vol. 77, No. 46)
Issuer: DEPARTMENT OF LABOR / Occupational Safety and Health Administration
Summary: OSHA is confirming the effective date of its direct final rule that revises the Acetylene Standard for general industry by updating the reference to a standard published by a standards-developing organization, the Compressed Gas Association. In the December 5, 2011, direct final rule, OSHA stated that it would withdraw the companion proposed rule and confirm the effective date of the direct final rule if the Agency received no significant adverse comments. OSHA did not receive significant adverse comments on the direct final rule. Therefore, OSHA is confirming that the direct final rule will become effective on March 5, 2012.

 

Quality Assurance Requirements for Continuous Opacity Monitoring Systems at Stationary Sources
Citation: Proposed Rule for 40 CFR Part 60
Reference: 03/08/2012 77 FR 13997-13998 (Vol. 77, No. 46)
Issuer: COUNCIL ON ENVIRONMENTAL QUALITY
Summary: The EPA is extending the comment period for the proposed rule titled, "Quality Assurance Requirements for Continuous Opacity Monitoring Systems at Stationary Sources" that was published in the Federal Register on February 14, 2012. The proposed rule accompanied the direct final rule that was also published on February 14, 2012. The 30-day comment period in the proposed rule is scheduled to end on March 15, 2012. The extended comment period will close on April 30, 2012. The EPA is extending the comment period because of a request we received in a timely manner.

 

Revision to Guidance, “Federal Greenhouse Gas Accounting and Reporting
Citation: Notice
Reference: 03/12/2012 77 FR 14507-14508 (Vol. 77, No. 48)
Issuer: COUNCIL ON ENVIRONMENTAL QUALITY
Summary: On October 5, 2009, President Obama signed Executive Order (EO) 13514, "Federal Leadership in Environmental, Energy, and Economic Performance" (74 FR 52117), in order to establish an integrated strategy toward sustainability in the Federal government and to make reduction of greenhouse gas (GHG) emissions a priority for Federal agencies. Among other provisions, EO 13514 requires agencies to measure, report, and reduce their GHG emissions.
On October 6, 2010, The White House Council on Environmental Quality (CEQ) released Guidance on Federal Greenhouse Gas Accounting and Reporting that establishes Government-wide requirements for measuring and reporting greenhouse gas (GHG) emissions associated with Federal agency operations.
On July 18, 2011, The Department of Energy's (DOE's) Federal Energy Management Program (FEMP), Department of Defense (DoD), and Environmental Protection Agency (EPA) provided recommendations for revision to the Federal GHG reporting and accounting procedures. CEQ provides this draft revision of the guidance for public review and comment to ensure accessibility of Federal accounting and reporting requirements and to enhance the quality of public involvement in governmental decisions relating to the environment.

 

Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3, GHG Plantwide Applicability Limitations and GHG Synthetic Minor Limitations
Citation: Proposed Rule for 40 CFR 51, 40 CFR Part 52, 40 CFR Part 70, 40 CFR Part 71
Reference: 03/08/2012 77 FR 14226-14264 (Vol. 77, No. 46)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Summary: This proposal concerns the third step (Step 3) in the EPA's Tailoring Rule. We are proposing to maintain the applicability thresholds for greenhouse gas (GHG)-emitting sources at the current levels. We are also proposing two streamlining approaches, which will improve the administration of GHG Prevention of Significant Deterioration (PSD) and title V permitting programs. The first proposal addresses the implementation of GHG plantwide applicability limitations (PALs). We propose to allow permitting authorities to issue GHG PALs on either a mass-basis (tpy) or a carbon dioxide equivalent (CO2e)-basis and to allow PALs to be used as an alternative approach for determining whether a project is a major modification and whether GHG emissions are subject to regulation. The second proposal would create the regulatory authority for the EPA to issue synthetic minor limitations for GHGs in areas subject to a GHG PSD Federal Implementation Plan (FIP). We also discuss our progress in evaluating the suitability of other streamlining approaches and solicit further comment.