Environmental Protection Agency April 2023 – Federal Register Recent Federal Regulation Documents

On September 6, 2022, the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet (Cabinet), Division of Air Quality (DAQ), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Kentucky portion (hereinafter referred to as the ``Louisville, KY Area'' or ``Area'') of the Louisville, Kentucky-Indiana, 2015 8-hour ozone nonattainment area (hereinafter referred to as the ``Louisville, KY-IN Area'') to attainment for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards) and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Area. EPA is proposing to approve the Commonwealth's plan for maintaining attainment of the 2015 8-hour ozone standard in the Louisville, KY-IN Area, including the regional motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for the years of 2019 and 2035 for the Louisville, KY-IN Area, to incorporate the maintenance plan into the SIP, and to redesignate the Area to attainment for the 2015 8-hour ozone NAAQS. EPA previously approved the redesignation request and maintenance plan for the Indiana portion of the Louisville, KY-IN Area. EPA is also notifying the public of the status of EPA's adequacy determination for the MVEBs for the Area.

The Environmental Protection Agency (EPA) is disapproving a state implementation plan (SIP) revision submitted by the State of West Virginia on June 13, 2017. The revision pertains to a new rule setting forth the requirements to establish, at the discretion of the Secretary of the West Virginia Department of Environmental Protection, an alternative emission limitation (AEL) for a source that requests an AEL. This SIP revision was submitted subsequent to a finding of substantial inadequacy and SIP call published on June 12, 2015, for provisions in the West Virginia SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is disapproving this revision to the West Virginia SIP because it does not comply with the requirements of the Clean Air Act (CAA). EPA will also be issuing a finding of failure to submit (FFS) in a separate action, published elsewhere in this issue of the Federal Register, to address West Virginia's failure to correct the deficiencies identified in the June 12, 2015, SIP call.

The Environmental Protection Agency (EPA) is announcing a two- day virtual public hearing to be held May 2 and May 3, 2023, on its proposal titled ``Greenhouse Gas Emissions Standards for Heavy-Duty VehiclesPhase 3,'' which was signed by Administrator Regan on April 11, 2023. An additional session may be held on May 4, 2023, if necessary to accommodate the number of testifiers that sign up to testify. In its proposal, EPA is proposing to promulgate new Greenhouse Gas (GHG) standards for heavy-duty highway vehicles starting in model year (MY) 2028 through MY 2032 and to revise certain GHG standards for MY 2027 that were established previously under EPA's Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and VehiclesPhase 2 rule. Finally, as part of this action, EPA is proposing to revise its regulations addressing preemption of state regulation of locomotives.

In accordance with the Clean Air Act, as amended (CAA), notice is given of a proposed settlement agreement in Center for Biological Diversity v. Environmental Protection Agency, Case No. 22-1164 (D.C. Cir.). On July 20, 2022, the Center for Biological Diversity (CBD) filed a petition for review in the United States District Court for the District of Columbia alleging that the Environmental Protection Agency (EPA or the Agency) failed to comply with the consultation requirements of the Endangered Species Act (ESA), the CAA, and the Administrative Procedures Act (APA) in promulgating the Renewable Fuel Standard (RFS) Program: RFS Annual Rules, (July 1, 2022) (``2020-2022 RFS Annual Rule''). With the proposed settlement agreement, EPA would commit to complete its ESA consultation for the subsequent RFS rule proposed on December 30, 2022, the Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes, (December 30, 2022) (``2023-2025 RFS Set Rule''), and CBD would agree to dismiss its challenge to the 2020- 2022 RFS Annual Rule.

The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by the State of Missouri on March 7, 2019. Missouri requests that the EPA approve revisions to a state regulation for the Restriction of Particulate Matter to the Ambient Air Beyond the Premises of Origin. These revisions include adding definitions that are specific to the rule, restructures the rule into the standard rule organization format, and removes unnecessary words. The revisions are administrative in nature and do not impact the stringency of the SIP or air quality. The EPA's proposed approval of this rule revision is in accordance with the requirements of the Clean Air Act (CAA).

Pursuant to the Federal Advisory Committee Act, the Environmental Protection Agency (EPA) announces an upcoming meeting of the Mobile Sources Technical Review Subcommittee (MSTRS), which is a subcommittee under the Clean Air Act Advisory Committee (CAAAC). This is a hybrid (both in-person and virtual) meeting and open to the public. The meeting will include discussion of current topics and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. MSTRS listserv subscribers will receive notification when the agenda is available on the Subcommittee website. To subscribe to the MSTRS listserv, send an email to MSTRS@epa.gov.

The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Commercial Sterilization Facilities source category. The EPA is proposing decisions concerning the risk and technology review (RTR), including proposing amendments pursuant to the technology review for certain point source emissions and proposing amendments pursuant to the risk review to specifically address ethylene oxide (EtO) emissions from point source and room air emissions from all commercial sterilization facilities. The EPA is also proposing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including removing general exemptions for periods of SSM and adding work practice standards for periods of SSM where appropriate. Lastly, the EPA is proposing to revise monitoring and performance testing requirements and to add provisions for electronic reporting of performance test results and reports, performance evaluation reports, and compliance reports. We estimate that, if finalized, these proposed amendments would reduce EtO emissions from this source category by 19 tons per year (tpy) and reduce risks to public health to acceptable levels.

This notice announces the Environmental Protection Agency's (EPA) approval of the New Jersey Department of Environmental Protection (NJDEP) request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

The U.S. Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Mississippi State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by Mississippi and approved by EPA. In this notice, EPA is also notifying the public of corrections to one of the Code of Federal Regulations (CFR) table that identifies material incorporated by reference into the Mississippi SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove, under the Clean Air Act (CAA or ``Act''), a revision to the California state implementation plan (SIP). This revision addresses reasonably available control technology (RACT) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') in the portion of the Sacramento Metropolitan nonattainment area that is subject to the jurisdiction of the Yolo-Solano Air Quality Management District (YSAQMD). We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Connecticut State Implementation Plan (SIP) concerning its New Source Review (NSR) permit program. The Connecticut Department of Energy and Environmental Protection (CT DEEP) submitted these revisions on December 15, 2020, as well as a supplemental letter on February 14, 2023. The revised state plan incorporates various updates to CT DEEP's NSR procedural requirements, substantive review criteria, provisions related to the control of volatile organic compounds (VOC), and clarifying revisions to existing SIP-approved regulations.

This regulation establishes an exemption from the requirement of a tolerance for residues of acetophenone when used as an inert ingredient (solvent or co-solvent) in pesticide formulations applied to growing crops. ADAMA Makhteshim Ltd. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting the establishment of this exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of acetophenone, when used in accordance with the terms of that exemption.

The Environmental Protection Agency (EPA) is announcing a 60- day public comment period associated with release of the draft IRIS Toxicological Review of Perfluorodecanoic Acid (PFDA, CASRN 335-76-2) and Related Salts. The draft document was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA's Office of Research and Development (ORD). EPA is releasing this draft IRIS assessment for public comment in advance of a contract-led peer review. Public comments received will be provided to the external peer reviewers. ERG, a contractor to EPA, will convene a public meeting to discuss the draft report with the public during Step 4 of the IRIS Process. The external peer reviewers will consider public comments submitted in response to this notice and comments provided at a future public peer review meeting. EPA will consider all comments received when revising the document post-peer review. This draft assessment is not final as described in EPA's information quality guidelines, and it does not represent, and should not be construed to represent Agency policy or views.

This notice announces that information submitted to EPA's Office of Air and Radiation (OAR) pursuant to the Clean Air Act (CAA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to Argonne National Laboratory (ANL)/Department of Energy (DOE). ANL/DOE have been awarded a contract to perform work for OAR, and access to this information will enable ANL/DOE to fulfill the obligations of the contract.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NOX) from internal combustion engines. We are proposing to approve a local rule 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.

This notice announces the availability of EPA's draft human health and/or ecological risk assessments for the registration review of peroxy compounds (revised DRA for biopesticide uses).

This notice announces the availability of EPA's proposed interim and final registration review decisions and opens a 60-day public comment period on the proposed decisions for the following pesticides: 2-(Thiocyanomethylthio)benzothiazole (TCMTB), bromine, citric acid, demiditraz, linalool, sodium fluoroacetate.

Under the Federal Advisory Committee Act, the Environmental Protection Agency (EPA) gives notice of a public meeting of the Good Neighbor Environmental Board. The purpose of this meeting is to discuss and further develop the December 2022 advice letter into the board's 20th comprehensive report on water and wastewater infrastructure issues and challenges along the U.S.-Mexico border region.

The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on November 19, 2016, as supplemented on January 20, 2023, in response to a finding of substantial inadequacy and SIP call published on June 12, 2015, regarding provisions in the Tennessee SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. Tennessee's January 20, 2023, supplemental SIP revision includes some additional changes related to the 2015 SIP call, plus other changes unrelated to the SIP call, in the affected chapter of Tennessee's regulations. EPA is proposing to approve portions of the November 19, 2016, SIP revision, as supplemented by the January 20, 2023, SIP revision, that the Agency has preliminarily determined correct certain deficiencies identified in the June 12, 2015, SIP SSM call. In addition, EPA is proposing to disapprove portions of the SIP revision that the Agency has preliminarily determined fail to correct other deficiencies identified in the 2015 SIP call.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``ICR Supporting Statement Information Collection Request for Clean Water Act Water Quality Certification'' (EPA ICR No. 2603.07, OMB Control No. 2040- 0295), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of an ICR (OMB Control No. 2040-0295), which is currently approved through July 31, 2023. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) is proposing to revise the Consumer Confidence Report (CCR) Rule in accordance with America's Water Infrastructure Act (AWIA) of 2018 (AWIA, 2018) and to require reporting of compliance monitoring data to EPA. The proposed revisions to improve the CCR would improve the readability, clarity, and understandability of CCRs as well as the accuracy of the information presented, improve risk communication in CCRs, incorporate electronic delivery options, provide supplemental information regarding lead levels and control efforts, and require systems who serve 10,000 or more persons to provide CCRs to customers biannually (twice per year). The proposed requirements for states to submit to EPA compliance monitoring data for all National Primary Drinking Water Regulations (NPDWRs) submitted by systems to the State would enhance EPA's oversight capabilities.

This regulation establishes tolerances for residues of deltamethrin in or on the raw agricultural commodities, Vegetable, legume, pulse, bean, dried shelled, except soybean, subgroup 6-22E and Vegetable, legume, pulse, pea, dried shelled, subgroup 6-22F. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

In accordance with the Clean Air Act, as amended (CAA or the Act), notice is hereby given of a proposed consent decree in Citizens for Clean Air, et al. v. Michael S. Regan, et al., No. 2:22-cv-01382- RSL (W.D. Wa.). On September 28, 2022, Plaintiffs Citizens for Clean Air and Sierra Club filed a complaint in the United States District Court for the Western District of Washington alleging that the Environmental Protection Agency (EPA or the Agency) failed to perform a non-discretionary duty in accordance with the Act to take final action to approve, disapprove or conditionally approve, in whole or in part, a nonattainment state implementation plan (SIP) submission made by the State of Alaska. The State made the SIP submission at issue to address certain nonattainment area plan requirements for purposes of the 2006 24-hour PM2.5 national ambient air quality standards (NAAQS) for the Fairbanks North Star Borough area. The proposed consent decree would establish a deadline for EPA to take final action on the SIP submission.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Stationary Gas Turbines (EPA ICR Number 1071.14, OMB Control Number 2060-0028) 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 July 31, 2023. Public comments were previously requested via the Federal Register (87 FR 43843) on July 22, 2022 during a 60-day comment period. This notice allows for an additional 30 days for public comments.