Environmental Protection Agency August 21, 2020 – Federal Register Recent Federal Regulation Documents

In accordance with section 113(g) of the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Center for Biological Diversity, et al., v. Wheeler, No. 3:20-cv- 00448 (N.D. Cal.). On January 22, 2020 and February 19, 2020, the Center for Biological Diversity and the Center for Environmental Health (collectively, Plaintiffs) filed a complaint and a first amended complaint, respectively, in the United States District Court for the Northern District of California, alleging that the Administrator of the United States Environmental Protection Agency (EPA) failed to perform certain non-discretionary duties. First, Plaintiffs allege that EPA failed to issue a finding of failure to submit for state implementation plans (SIPs) addressing reasonably available control technology (RACT) for volatile organic compounds (VOC) from sources covered by the 2016 Oil and Gas control techniques guideline (CTG) for the 2008 ozone National Ambient Air Quality Standards (NAAQS) for states and areas listed in the First Amended Complaint within six months after the SIP due date. Second, Plaintiffs allege that EPA failed to take final action to approve or disapprove, in whole or in part, Oil and Gas CTG SIPs for the 2008 and/ or 2015 ozone NAAQS submitted by various states for the nonattainment areas and ozone transport region (OTR) states listed in the First Amended Complaint. The proposed consent decree would establish deadlines for EPA to take specified actions.

Notice is hereby given that the Environmental Protection Agency (EPA) has posted our responses to certain state designation recommendations for the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard (NAAQS) on the Agency's website and electronic docket. These responses include our intended designations for the affected areas, specifically all remaining undesignated areas for the 2010 SO2 NAAQS in the United States. The EPA also invites the public to review and provide input on our intended designations during the comment period specified in the DATES section. The EPA sent its responses directly to the states on or about August 13, 2020. The EPA intends to make final designation determinations for the areas of the country addressed by these responses no later than December 31, 2020.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts. The revision provides Massachusetts' determination, via a negative declaration, that there are no facilities within its borders subject to EPA's 2016 Control Technique Guideline (CTG) for the oil and gas industry with respect to both the 2008 and 2015 Ozone National Ambient Air Quality Standards (NAAQS). The intended effect of this action is to approve this item into the non regulatory portion of the Massachusetts SIP. This action is being taken under the Clean Air Act.

EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action requires persons to notify EPA least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. The required notification initiates EPA's evaluation of the chemical under the conditions of use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required as a result of that determination.