Environmental Protection Agency January 2024 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is adopting the Department of Energy's (DOE) Electric Vehicle Charging Stations Categorical Exclusion (CE) under the National Environmental Policy Act (NEPA) to use in EPA's program and funding opportunities administered by EPA. This notice describes the categories of proposed actions for which EPA intends to use DOE's CE and describes the consultation between the agencies.

On or about January 12, 2024, the Environmental Protection Agency (EPA) will make available the document, Policy Assessment for the Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen, Oxides of Sulfur and Particulate Matter (PA, EPA- 452/R-24-003). This document was prepared as part of the current review of the secondary national ambient air quality standards (NAAQS) for Oxides of Nitrogen (NOX), Oxides of Sulfur (SOX), and Particulate Matter (PM). The PA serves to ``bridge the gap'' between the currently available scientific and technical information and the judgments required of the Administrator in determining whether to retain or revise the existing secondary NO2, SO2 and PM NAAQS. The secondary NAAQS for oxides of nitrogen, oxides of sulfur, and particulate matter are set to protect the public welfare from known or anticipated effects of these pollutants in the ambient air.

Under the Toxic Substances Control Act (TSCA), EPA is finalizing a significant new use rule (SNUR) for 329 per- and poly- fluoroalkyl substances (PFAS) that are designated as inactive on the TSCA Chemical Substance Inventory. PFAS are a group of chemicals that have been used in industry and consumer products since the 1940s because of their useful properties, such as water and stain resistance. Many PFAS break down very slowly and can build up in people, animals, and the environment over time. Exposure at certain levels to specific PFAS can adversely impact human health and other living things. Persons subject to the final SNUR are required to notify EPA at least 90 days before commencing any manufacture (including import) or processing of the chemical substance for a significant new use. Once EPA receives a notification, EPA must review and make an affirmative determination on the notification, and take such action as is required by any such determination before the manufacture (including import) or processing for the significant new use can commence. Such a review will assess whether the new use may present unreasonable risk to health or the environment and ensure that EPA takes appropriate action as required to protect health or the environment.

The Environmental Protection Agency (EPA) is approving changes to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet), via a letter dated June 15, 2022. The changes were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District) and amend the District's stationary source emissions monitoring and reporting requirements. EPA is approving the changes because they are consistent with the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) proposes to update its title V operating permit program regulations to more clearly reflect the EPA's existing interpretations and policies concerning when and whether ``applicable requirements'' established in other Clean Air Act (CAA or the Act) programs should be reviewed, modified, and/or implemented through the title V operating permits program. Specifically, this action clarifies the limited situations in which requirements under the New Source Review (NSR) preconstruction permitting program would be reviewed using the EPA's unique title V oversight authorities. Additionally, this action clarifies that requirements related to an owner or operator's general duty to prevent accidental releases of hazardous substances are not ``applicable requirements'' for title V purposes and are not implemented through title V.

The Environmental Protection Agency, Region 10, is reissuing the National Pollutant Discharge Elimination System (NPDES) General Permit for Federal Aquaculture Facilities and Aquaculture Facilities Located in Indian Country in Washington (WAG130000).

The Environmental Protection Agency (EPA), Office of Research and Development (ORD), gives notice of the upcoming 2024 public meetings of the Human Studies Review Board (HSRB). The HSRB provides advice, information, and recommendations on issues related to scientific and ethical aspects of third-party human subjects' research that are submitted to the Office of Pesticide Programs (OPP), in the Office of Chemical Safety and Pollution Prevention (OCSPP), to be used for regulatory purposes. EPA is announcing this meeting with less than 15 calendar days public notice.

The Environmental Protection Agency (EPA) is proposing to approve two revisions to the Arizona Department of Environmental Quality (ADEQ) portion of the Arizona State Implementation Plan (SIP). In this action, we are proposing to approve revisions submitted by the ADEQ governing the issuance of permits for stationary sources in accordance with changes that the EPA has made to its New Source Review (NSR) program regulations under the Clean Air Act (CAA or ``the Act''). We are also proposing to determine 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. We are taking comments on this proposal and plan to follow with a final action.