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

In accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''), and the Resource Conservation and Recovery Act (``RCRA''), notice is hereby given that the Environmental Protection Agency (``EPA''), has entered into a proposed settlement, embodied in an Administrative Settlement Agreement for Recovery of Response Costs (``Settlement Agreement''), with Powerine Oil Company and Lakeland Development Company. Under the Settlement Agreement, Powerine and Lakeland agree to pay a total of $150,000 to reimburse EPA for costs EPA has incurred at the Omega Chemical Corporation Superfund Site (``Omega'').

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from solvent cleaning and degreasing operations. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) has developed an interactive map of recycling markets that highlights existing recycling infrastructure, per capita generation and recycling of post-consumer materials, and other relevant market factors. The map visually presents data estimates across various phases of the recycling process, including generation, collection, sortation, and end use. Through this document, the Office of Land and Emergency Management (OLEM) is soliciting public comments on the accuracy and completeness of the data, ease of use, graphics, and recommendations on future updates of the map. EPA will collect and analyze the public comments to use as inputs for the next update of the map.

The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) (the Federal agencies) invite public comment on the Federal agencies' proposed finding that Michigan has satisfied all conditions the agencies established as part of their 1997 approval of the state's coastal nonpoint pollution control program (coastal nonpoint program). The Coastal Zone Act Reauthorization Amendments (CZARA) directs states and territories with coastal zone management programs previously approved under section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs, which must be submitted to the Federal agencies for approval. Prior to making such a finding, NOAA and the EPA invite public input on the two Federal agencies' rationale for this proposed finding.

EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period October 1, 2022, to March 31, 2023, to control unforeseen pest outbreaks.

The Environmental Protection Agency (EPA) is finalizing amendments to the new source performance standards for Automobile and Light Duty Truck Surface Coating Operations pursuant to the review required by the Clean Air Act. The EPA determined that revisions to the NSPS were needed to reflect the degree of emission limitation achievable through the application of the best system of emission reduction (BSER). The EPA is therefore finalizing, as proposed, in a new NSPS subpart MMa, revised volatile organic compound (VOC) emission limits for prime coat, guide coat, and topcoat operations for affected facilities that commence construction, modification, or reconstruction after May 18, 2022. In addition, in the new NSPS subpart, the EPA is finalizing the proposed amendments: the addition of work practices to minimize VOC emissions; revision of the plastic parts provision; updates to the capture and control devices and the associated testing and monitoring requirements; revision of the transfer efficiency provisions; new test methods and alternative test methods; revision of the recordkeeping and reporting requirements, including the addition of electronic reporting; removing exemptions for periods of startup, shutdown, and malfunction; and other amendments to harmonize the new NSPS subpart and Automobile and Light Duty Truck Surface Coating National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements. The EPA is also finalizing the proposed electronic reporting requirements in the NSPS subpart MM, applicable to sources that commence construction, reconstruction, or modification after October 5, 1979, and on or before May 18, 2022.

In this final action the Environmental Protection Agency (EPA) is addressing all or part of several State Implementation Plan (SIP) revisions submitted by the State of Colorado (as explained further in this document, we are taking no action on some specific portions of the State's submittals). We are approving specified parts of SIP revisions submitted by Colorado on March 22, 2021, related to Clean Air Act (CAA) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) for the Denver Metro/North Front Range (DMNFR) Serious nonattainment area. We are also finalizing a limited approval and limited disapproval of reasonably available control technology (RACT) SIP revisions from submissions made on May 14, 2018, May 8, 2019, May 13, 2020, March 22, 2021, May 18, 2021, and May 20, 2022. Further, we are finalizing a limited conditional approval and limited disapproval of additional RACT related SIP submissions made on May 31, 2017, and May 10, 2019. Finally, in this document, the EPA is notifying the public of findings as to certain motor vehicle emissions budgets in the DMNFR nonattainment area. This action is being taken under the authority of the CAA.

The Environmental Protection Agency (EPA) is taking direct final action on the authorization of South Carolina's changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. These changes were outlined in a September 26, 2022, application to the EPA. We have determined that these changes satisfy all requirements needed for final authorization.

The Environmental Protection Agency (EPA) is taking final action to approve a state implementation plan (SIP) revision submitted by the State of California addressing the nonattainment new source review (NNSR) requirements for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). This SIP revision addresses the Bay Area Air Quality Management District (BAAQMD or ``District'') portion of the California SIP. This action is being taken pursuant to the Clean Air Act (CAA or ``Act'') and its implementing regulations.

To support development of potentially multiple funding programs under the Inflation Reduction Act of 2022, EPA invites public comment to inform the availability of zero-emission technologies in the heavy-duty vehicle and port sectors. Although EPA already has considerable information about the availability of certain types of these technologies, in order to ensure that EPA has the most comprehensive and current information available in this dynamic space, EPA is inviting this comment. EPA is especially interested in comments detailing the availability, market price, and performance of zero- emission trucks, zero-emission port equipment, electric charging and other fueling infrastructure needs for zero-emission technologies in the near term (1-3 years, and 1-5 years for port equipment), and whether the components of these systems are manufactured in the United States. The Build America Buy America Act (BABA) requires iron, steel, manufactured products, and construction materials used in infrastructure projects funded by federal financial assistance to be produced in the United States. While BABA provides the opportunity for EPA to issue certain waivers to these requirements, approval depends on many factors, including the price and availability of domestically sourced materials and products. With responses to this RFI EPA seeks to improve in particular the Agency's understanding of availability and differences in zero-emission class 6 and 7 trucks, zero-emission trucks that serve ports and port equipment as well as their related charging and fueling infrastructure requirements. This information will enable EPA to effectively design programs to expeditiously fund currently available zero-emission technologies as well as consider allowances, such as longer project timeframes, for specific technologies.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of West Virginia. This revision updates West Virginia's incorporation by reference (IBR) of EPA's national ambient air quality standards (NAAQS) and the associated monitoring reference and equivalent methods. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the California State Implementation Plan (SIP) concerning the provisions for clean fuels or advanced control technology for boilers for the 2015 ozone national ambient air quality standards (``2015 ozone NAAQS'') in the San Joaquin Valley and Los AngelesSouth Coast Air Basin, California (``South Coast'') ozone nonattainment areas. The SIP revisions include the ``Certification that the San Joaquin Valley Unified Air Pollution Control District's Current Rules Address the Clean Air Act's Clean Fuels for Boilers Requirements for the 2015 8-hour Ozone Standard'' for San Joaquin Valley (``2021 San Joaquin Valley Certification'') and the ``Clean Fuels for Boilers Compliance Demonstration for the South Coast Air Basin'' for South Coast (``2021 South Coast Certification''), both submitted on August 3, 2021. We are approving these revisions under the Clean Air Act (CAA or ``the Act''), which establishes clean fuels or advanced control technology for boilers requirements for ``Extreme'' ozone nonattainment areas.

Under its Clean Air Act authority, the Environmental Protection Agency (EPA) is proposing new, more stringent emissions standards for criteria pollutants and greenhouse gases (GHG) for light- duty vehicles and Class 2b and 3 (``medium-duty'') vehicles that would phase-in over model years 2027 through 2032. In addition, EPA is proposing GHG program revisions in several areas, including off-cycle and air conditioning credits, the treatment of upstream emissions associated with zero-emission vehicles and plug-in hybrid electric vehicles in compliance calculations, medium-duty vehicle incentive multipliers, and vehicle certification and compliance. EPA is also proposing new standards to control refueling emissions from incomplete medium-duty vehicles, and battery durability and warranty requirements for light-duty and medium-duty plug-in vehicles. EPA is also proposing minor amendments to update program requirements related to aftermarket fuel conversions, importing vehicles and engines, evaporative emission test procedures, and test fuel specifications for measuring fuel economy.

EPA is proposing to exempt residues of the antimicrobial pesticide ingredients Ortho-benzyl-para-chlorophenol, Potassium 2- benzyl-4-chlorophenate, and Sodium 2-benzyl-4-chlorophenate from the requirement of a tolerance when used on or applied to food contact surfaces in public eating places, dairy processing equipment, and food processing equipment and utensils. This rulemaking is proposed on the Agency's own initiative under the Federal Food, Drug, and Cosmetic Act (FFDCA), in order to implement the tolerance actions EPA identified during its review of these chemicals as part of the Agency's registration review program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

The U.S. Environmental Protection Agency (EPA or Agency) has received a complete Underground Injection Control (UIC) program revision package from the State of Louisiana (State), requesting approval of a revision to the State's Safe Drinking Water Act (SDWA) section 1422 UIC program to include Class VI injection well primary enforcement responsibility (primacy). The proposed revision would allow the Louisiana Department of Natural Resources (LDNR) to issue UIC permits for geologic carbon sequestration facilities as Class VI wells and ensure compliance of Class VI wells under the UIC program. EPA proposes to issue a final rule approving Louisiana's application to implement the UIC program for Class VI injection wells located within the State, except those on Indian lands. EPA proposes amendments to reflect this proposed approval of Louisiana's Class VI primacy application.

The Environmental Protection Agency (EPA) hereby announces its final cancellation order for the cancellations and amendments voluntarily requested by the registrants and accepted by the Agency, of the products in Table 1 and Table 2 of Unit I, pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This final cancellation order follows a December 13, 2022, Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit I, to voluntarily cancel or amend these product registrations. In the December 13, 2022 notice, EPA indicated that it would issue a final order implementing the cancellations, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received three comments on the notice regarding registrations containing the ingredient chlorpyrifos, which are summarized in Unit III.B. EPA's responses to these comments and its determination that these comments do not merit further review of these cancellation and amendment requests are included in Unit III.C. None of the registrants withdrew their request for these voluntary cancellations or amendments. Accordingly, EPA hereby grants the requested cancellations and amendments shown in this cancellation order. Any distribution, sale, or use of existing stocks of these products subject to this cancellation order is permitted only in accordance with the terms of this order.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Information Collection Request for the Greenhouse Gas Reporting Program'' (EPA ICR No. 2300.20, OMB Control No. 2060-0629) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. 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 the ICR, which is currently approved through March 31, 2024. 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 address the unreasonable risk of injury to human health presented by methylene chloride under its conditions of use as documented in EPA's June 2020 Risk Evaluation for Methylene Chloride and November 2022 revised risk determination for methylene chloride prepared under the Toxic Substances Control Act (TSCA). TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk. Methylene chloride, also known as dichloromethane, is acutely lethal, a neurotoxicant, a likely human carcinogen, and presents cancer and non-cancer risks following chronic exposures as well as acute risks. Central nervous system depressant effects can result in loss of consciousness and respiratory depression, resulting in irreversible coma, hypoxia, and eventual death, including 85 documented fatalities from 1980 to 2018, a majority of which were occupational fatalities (see Unit II.A.). Nevertheless, methylene chloride is still a widely used solvent in a variety of consumer and commercial applications including adhesives and sealants, automotive products, and paint and coating removers. To address the identified unreasonable risk, EPA is proposing to: prohibit the manufacture, processing, and distribution in commerce of methylene chloride for consumer use; prohibit most industrial and commercial uses of methylene chloride; require a workplace chemical protection program (WCPP), which would include a requirement to meet inhalation exposure concentration limits and exposure monitoring for certain continued conditions of use of methylene chloride; require recordkeeping and downstream notification requirements for several conditions of use of methylene chloride; and provide certain time-limited exemptions from requirements for uses of methylene chloride that would otherwise significantly disrupt national security and critical infrastructure.

In accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel their registrations of certain products containing the pesticide chlorpyrifos, or to amend their chlorpyrifos registrations to terminate one or more uses. EPA intends to grant these requests at the close of the comment period for this announcement, unless the Agency receives substantive comments within the comment period that would merit its further review, or the registrant withdraws their request. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled or the uses terminated only if such sale, distribution, or use is consistent with the terms as described in the final order.

The Environmental Protection Agency (EPA) is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR) trading programs. EPA has completed final calculations for the allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2022 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA has also completed calculations for allocations of the remaining 2022 NUSA allowances to existing units and has posted spreadsheets containing those calculations on EPA's website as well.

This regulation establishes exemptions from the requirement of a tolerance for residues of starch, 1-octenylbutanedioate, aluminum salt; dextrin, hydrogen 1-octenylbutanedioate; and amylopectin, 2- hydroxypropyl ether, acid- when used as inert ingredients (for seed treatment only) in pesticide formulations applied pre-harvest. Ingredion Incorporated submitted petitions to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of exemptions from the requirement of a tolerance. This regulation eliminates the need to establish maximum permissible levels for residues of starch, 1-octenylbutanedioate, aluminum salt; dextrin, hydrogen 1-octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether, acid- when used in accordance with the terms of the exemptions.

The Environmental Protection Agency (EPA) is planning to submit the information collection request (ICR), Disposal of Coal Combustion Residuals from Electric Utilities, EPA ICR No. 2609.03, OMB Control No. 2050-0223 to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described in SUPPLEMENTARY INFORMATION. This is a proposed extension of the ICR, which is currently approved through December 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.