Environmental Protection Agency – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA or the Agency) is now accepting public comments on the experts the Agency is considering for membership on the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP). This document identifies the individuals nominated. The Agency anticipates selecting from those nominees that are identified as interested and available to appoint up to four new SAP members by July 2024 due to expiring membership terms. Current members of the SAP are eligible for reappointment during this period. Therefore, the appointments anticipated to be completed by July may include a mix of newly appointed and reappointed members. Public comments on these nominations will be used to assist the Agency in selecting the new members for the FIFRA SAP.

On August 31, 2020, in accordance with requirements under the Clean Air Act (CAA), the U.S. Environmental Protection Agency (EPA) performed a 5-year review of the Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Other Solid Waste Incineration (OSWI) Units, which includes certain very small municipal waste combustion (VSMWC) and institutional waste incineration (IWI) units. In the same action, the EPA proposed to remove the title V permitting requirements for air curtain incinerators (ACI) that burn only wood waste, clean lumber, yard waste, or a mixture of these three types of waste. In response to supportive comments received on the August 2020 proposal, this action is finalizing, as proposed, to remove the title V permitting requirements for ACIs that only burn wood waste, clean lumber, yard waste, or a mixture of those, and are not located at title V major sources or subject to title V for other reasons. The EPA is finalizing this proposed action now to simplify the compliance obligations for owners and operators of these types of units.

The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA) requirements for the 1997 8-hour ozone national ambient air quality standards (NAAQS or "standards") in the Riverside County (Coachella Valley), CA nonattainment area ("Coachella Valley"). These SIP revisions address the "Extreme" nonattainment area requirements for the 1997 8-hour ozone standards, including the requirements for the attainment demonstration, reasonable further progress demonstration, and reasonably available control measures demonstration, among others.

The U.S. Environmental Protection Agency (EPA) is finalizing changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under the EPA's National Pollutant Discharge Elimination System permit program. The Clean Water Act requires the EPA to promulgate these test procedures (analytical methods) for analysis of pollutants. The EPA anticipates that these changes will provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this update to the CWA methods will incorporate technological advances in analytical technology and make a series of minor changes and corrections to existing approved methods. As such, the EPA expects that these changes will not result in any negative economic impacts.

Pursuant to the Federal Advisory Committee Act (FACA), the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will meet on the dates and times described below. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days public notice. The meeting is open to the public. For additional information about registering to attend the meeting or to provide public comment, please see "REGISTRATION" under SUPPLEMENTARY INFORMATION. Pre-Registration is required.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Maricopa County Air Quality Department (MCAQD) portion of the Arizona State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs), oxides of nitrogen (NOX), particulate matter (PM), and oxides of sulfur (SOX). We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) is adopting a Fish and Wildlife Service's (FWS) categorical exclusion (CE) for restoration activities of wetland, riparian, instream, and native habitats under the National Environmental Policy Act (NEPA) to use in certain EPA water grants and loan programs administered by EPA. This notice describes the categories of proposed actions for which EPA intends to use FWS's CE and describes the consultation between the agencies.

Based on the Environmental Protection Agency's (EPA's) review of the air quality criteria and national ambient air quality standards (NAAQS) for oxides of nitrogen (N oxides), oxides of sulfur (SOX), and particulate matter (PM), the Environmental Protection Agency (EPA) proposes to revise the existing secondary sulfur dioxide (SO2) standard to an annual average, averaged over three consecutive years, with a level within the range from 10 to 15 parts per billion (ppb). Additionally, the Agency proposes to retain the existing secondary standards for N oxides and PM, without revision. The EPA also proposes revisions to the data handling requirements for the proposed secondary SO2 NAAQS.

The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove certain elements of a State Implementation Plan (SIP) revision that New Jersey submitted to demonstrate that the State satisfies the infrastructure requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 2015 8- hour Ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each State's air quality management program are adequate to meet the State's responsibilities under the CAA. Except as noted, this SIP revision satisfies the infrastructure requirements of the CAA for the 2015 ozone NAAQS.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Virginia. This revision pertains to the Commonwealth's plan, submitted by the Virginia Department of Environmental Quality (VADEQ), for maintaining the 1997 8-hour ozone national ambient air quality standards (NAAQS) (referred to as the "1997 ozone NAAQS") in the Fredericksburg, Virginia Area (Fredericksburg Area). EPA is approving these revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a revision to the North Carolina State Implementation Plan (SIP), submitted by the North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality, on December 19, 2022. The revision seeks to update the 2026 on-road and nonroad emissions inventories and safety margins, allocate a portion of the newly available 2026 safety margins in the 2008 8-hour Ozone Maintenance Plan to the 2026 nitrogen oxides (NOX) and volatile organic compounds (VOC) motor vehicle emissions budgets ("budgets") for the North Carolina portion of the Charlotte-Rock Hill, NC-SC bi-state Area (hereinafter referred to as the "North Carolina portion of the Charlotte Maintenance Area") to accommodate updates from the EPA Motor Vehicle Emissions Simulator (MOVES3) model. The SIP revision also revises the current 2026 budgets based on the MOVES3 updates and recalculates new available safety margins. NCDEQ's December 19, 2022, submission supplements the revised 2008 8-hour Ozone Maintenance Plan submitted by NCDEQ on July 16, 2020, and approved by EPA on August 25, 2021. EPA is proposing to approve North Carolina's December 19, 2022, SIP revision and deem the budgets adequate for transportation conformity purposes because they meet the applicable statutory and regulatory requirements.

The Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet (Cabinet), Kentucky Division for Air Quality (KDAQ), submitted a revision to the Kentucky State Implementation Plan (SIP) on November 29, 2022. The SIP revision updates the geographical boundary description and attainment status designation for the Henderson-Webster nonattainment area for the 2010 Sulfur Dioxide (SO2) primary National Ambient Air Quality Standards (NAAQS). The update is being made to conform Kentucky's attainment status tables with the federal attainment status designations made for this area. The SIP revision also includes minor language changes in the attainment status designations provisions. EPA is proposing to approve Kentucky's SIP revision pursuant to the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Asphalt Processing and Roofing Manufacture (EPA ICR Number 0661.14, OMB Control Number 2060- 0002), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through April 30, 2024. Public comments were previously requested via the Federal Register on May 18, 2023, during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Wyoming on December 30, 2022, and supplemented on August 31, 2023, and November 16, 2023, addressing regional haze (Wyoming 2022 SIP revision). The Wyoming 2022 SIP revision replaces Wyoming's previously approved source-specific nitrogen oxide (NOX) determination for PacifiCorp's Jim Bridger power plant (Jim Bridger) Units 1 and 2 of 0.07 lb/MMBtu for each unit associated with the installation of selective catalytic reduction (SCR) controls to address the long-term strategy. Specifically, the Wyoming 2022 SIP revision finds that conversion from coal-firing to natural gas-firing, together with NOX emission and heat input limits of 0.12 lb/MMBtu (30-day rolling average), 1,314 tons/year, and 21,900,000 MMBtu/year, respectively, allows for identical reasonable progress during the first planning period as the installation SCR controls. Separately, we are also proposing to approve Wyoming's monthly and annual NOX and sulfur dioxide (SO2) emissions limits for Jim Bridger Units 1-4. The EPA is proposing this action pursuant to sections 110 and 169A of the Clean Air Act (CAA).

In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), notice is hereby given that a proposed CERCLA Section 122(h)(1) Cashout Settlement Agreement for Past Response Costs by Settling Parties ("Proposed Agreement") associated with the Chemical Recycling Inc., Superfund Site in Wylie, Collin County, Texas ("Site") was executed by the Environmental Protection Agency ("EPA") and is now subject to public comment, after which EPA may modify or withdraw its consent if comments received disclose facts or considerations that indicate that the Proposed Agreement is inappropriate, improper, or inadequate.

This action announces the availability of the Environmental Protection Agency (EPA or the Agency) response to a petition received on January 4, 2024, from the Washington State Department of Ecology (the petitioner), asking EPA to initiate rulemaking under the Toxic Substances Control Act (TSCA) to safeguard public health against PCBs in consumer products. EPA shares the petitioner's concerns regarding risks to human health and the environment posed by PCBs, and the Agency continues to work towards better understanding and reducing exposures to PCBs. However, the petitioner failed to point with any specificity to deficiencies in the Agency's 1984 final rule and determination of no unreasonable risk under TSCA. As a result, the petitioner has not provided adequate justificationbased on the rulemaking process and record for the 1984 final rule and information provided or otherwise available to the Agencyto support reassessing the limits on allowable inadvertent PCBs in consumer products. Thus, EPA finds that the petition is insufficiently specific, and that the petitioner did not meet their burden under TSCA of establishing that it is necessary to amend the 1984 final rule. These deficiencies, among other findings, are detailed in this notice and serve as the reasons for the Agency's denial of the petition. As necessary and appropriate to supplement ongoing Agency efforts, EPA may consider information gathering activities under TSCA to collect data needed to better understand and characterize exposure and risk associated with inadvertently generated PCBs.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the District of Columbia. This SIP revision removes requirements for gasoline vapor recovery systems (VRS) installed on gasoline dispensers, the purpose of which are to capture emissions from vehicle refueling operations, otherwise known as vacuum-assist Stage II vapor recovery. Specifically, this action would remove from the approved SIP the prior-approved Stage II requirements applicable to new and existing gasoline dispensing facilities (GDFs). The District of Columbia SIP revision includes a demonstration that removal of Stage II requirements is consistent with the Clean Air Act (CAA) and meets all relevant EPA guidance.

In accordance with the Clean Air Act, as amended ("CAA" or "the Act"), the Environmental Protection Agency ("EPA" or "the Agency") is providing notice of a proposed consent decree in Sierra Club v. Michael S. Regan, No. 1:23-cv-00424-RCL (D.D.C.). On February 15, 2023, Plaintiff Sierra Club filed a complaint in the United States District Court for the District of Columbia alleging that EPA's failure to issue final Federal plans implementing emissions guidelines for commercial and industrial solid waste incinerators ("CISWI"), and other solid waste incinerators ("OSWI") in states which had not submitted approvable state plans constituted agency action unreasonably delayed.

This action finalizes the residual risk and technology review (RTR) conducted for the Commercial Sterilization Facilities source category regulated under national emission standards for hazardous air pollutants (NESHAP) under the Clean Air Act. The EPA is finalizing decisions concerning the RTR, including definitions for affected sources, emission standards for previously unregulated sources, amendments pursuant to the risk review to address ethylene oxide (EtO) emissions from certain sterilization chamber vents (SCVs), aeration room vents (ARVs), chamber exhaust vents (CEVs), and room air emissions, and amendments pursuant to the technology review for certain SCVs and ARVs. In addition, we are taking final action to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including removing exemptions for periods of SSM. We are also taking final action to require owners and operators to demonstrate compliance through the use of EtO continuous emissions monitoring systems (CEMS), with exceptions for very small users of EtO; add provisions for electronic reporting of performance test results and other reports; and include other technical revisions to improve consistency and clarity. We estimate that these final amendments will reduce EtO emissions from this source category by approximately 21 tons per year (tpy).

The Environmental Protection Agency (EPA) is providing notice that it has responded to petitions for reconsideration and administrative stay of a final action under the "good neighbor" or "interstate transport" provision of the Clean Air Act (CAA) published in the Federal Register on June 5, 2023, titled "Federal `Good Neighbor Plan' for the 2015 Ozone National Ambient Air Quality Standards" ("Good Neighbor Plan"). In August 2023, the EPA received the four petitions addressed by this action, which seek reconsideration of the Good Neighbor Plan in part on the basis of stays pending judicial review as to certain States issued after the Good Neighbor Plan was promulgated. The EPA is partially denying these four petitions as to this basis. The basis for EPA's action is set out fully in an enclosure accompanying the response letters, available in the docket for this action. Because the EPA is denying the reconsideration requests, the EPA is also denying associated requests to stay the Good Neighbor Plan filed by two of the four petitioners. At this time, the EPA is not addressing other grounds for reconsideration of the Good Neighbor Plan that have been raised by these or other petitioners.

On July 6, 2020, the U.S. Environmental Protection Agency (EPA or the Agency) finalized the residual risk and technology review (RTR) conducted for the Ethylene Production source category, which is part of the Generic Maximum Achievable Control Technology Standards National Emission Standards for Hazardous Air Pollutants (NESHAP); on July 7, 2020, the EPA finalized the RTR conducted for the Organic Liquids Distribution (Non-Gasoline) NESHAP; and on August 12, 2020, the EPA finalized the RTR conducted for the Miscellaneous Organic Chemical Manufacturing NESHAP. Amendments to the Petroleum Refinery Sector NESHAP were most recently finalized on February 4, 2020. Subsequently, the EPA received and granted various petitions for reconsideration on these NESHAP for, among other things, the provisions related to the work practice standards for pressure relief devices (PRDs), emergency flaring, and degassing of floating roof storage vessels. This action finalizes proposed amendments to remove the force majeure exemption for PRDs and emergency flaring, incorporate clarifications for the degassing requirements for floating roof storage vessels, and address other corrections and clarifications.

The Environmental Protection Agency (EPA) is finalizing two revisions to the Arizona Department of Environmental Quality (ADEQ) portion of the Arizona State Implementation Plan (SIP). In this action, we are finalizing the approval of revisions submitted by the ADEQ governing the issuance of permits for stationary sources in accordance with changes that EPA has made to its New Source Review (NSR) program regulations under the Clean Air Act (CAA or "the Act"). We are also finalizing the determination that with these revisions, the ADEQ's NSR program satisfies the requirements for the preconstruction review and permitting of major sources and major modifications under part D of title I of the Act for areas designated nonattainment with the 2015 ozone National Ambient Air Quality Standards (NAAQS) with a Marginal classification, for areas and sources within the ADEQ's permitting jurisdiction.

The U.S. Environmental Protection Agency (EPA or the Agency) is finalizing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Manufacturing Facilities to regulate hazardous air pollutant (HAP) emissions. The amendments include: HAP from unmeasured fugitive and intermittent particulate (UFIP) sources previously not regulated by the NESHAP; previously unregulated HAP for sinter plants:; previously unregulated pollutants for blast furnace (BF) stoves and basic oxygen process furnaces (BOPFs) primary control devices; and previously unregulated pollutants for BF primary control devices. We are also finalizing an update to the technology review for this source category.