Environmental Protection Agency 2024 – Federal Register Recent Federal Regulation Documents

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.

The Environmental Protection Agency (EPA) is announcing that it is rescheduling the date of the public webinar on the Biogas Regulatory Reform Rule (BRRR) provisions of the Renewable Fuel Standard (RFS) program from April 4, 2024, to April 12, 2024.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the San Diego County Air Pollution Control District (SDCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns a rule submitted to address section 185 of the Clean Air Act (CAA or "Act"). We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) is approving the regional haze state implementation plan (SIP) revision submitted by Maryland on February 8, 2022, as satisfying applicable requirements under the Clean Air Act (CAA) and the EPA's Regional Haze Rule (RHR) for the program's second implementation period. Maryland's SIP submission addresses the requirement that states must periodically revise their long-term strategies for making reasonable progress towards the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility, including regional haze, in mandatory Class I Federal areas. The SIP submission also addresses other applicable requirements for the second implementation period of the regional haze program.

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, et al. v. United States Environmental Protection Agency, et al., No. 1:23-cv-01744-JDB (D. DC). Plaintiffs Sierra Club, National Parks Conservation Association, and Environmental Integrity Project (collectively, "Plaintiffs"), brought suit in the United States District Court for the District of Columbia alleging that and the U.S. Environmental Protection Agency ("EPA") and Michael Regan, in his official capacity as Administrator of the U.S. EPA ("the Administrator") (collectively, "Defendants"), failed to take final action on the second planning period regional haze state implementation plan ("SIP") revisions submitted by the following 34 states: Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Kansas, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, Wisconsin, and Wyoming. There are three intervenors in this action. PacifiCorp is acting as an intervenor-plaintiff and the State of North Dakota and the State of Nevada are acting as intervenor-defendants. The proposed consent decree would establish deadlines for the EPA to sign a notice of proposed rulemaking for certain SIPs included in this action and a notice of final rulemaking for each of the SIPs included in this action.

In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, memorandum regarding "Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency," notice is hereby given of a proposed consent decree in Sierra Club, et al. v. EPA, et al., No. 3:24-cv-00130 (S.D.W. Va. 2024). On March 18, 2024, the Sierra Club, the West Virginia Highlands Conservancy, Inc., and the West Virginia Rivers Coalition, Inc. (collectively, "Plaintiffs") filed a complaint in the United States District Court for the Southern District of West Virginia against EPA alleging that the Agency failed to perform a mandatory duty under the Clean Water Act (CWA) to establish Total Maximum Daily Loads (TMDLs) for certain waters located in the Lower Guyandotte River Watershed in West Virginia that are impaired due to ionic toxicity. This complaint followed Plaintiffs' submission to EPA of a Notice of Intent to Sue on March 21, 2023. EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.

In this document, the Environmental Protection Agency (EPA) is notifying the public that we have found that the volatile organic compounds (VOC) and nitrogen oxides (NOX) motor vehicle emissions budgets (budgets) in the submitted 2015 Ozone moderate Reasonable Further Progress (RFP) plan for Allegan, Berrien, and Muskegon Counties are adequate for conformity purposes. As a result of our finding, these areas must use the budgets from the submitted RFP plan for future conformity determinations.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Metal Coil Surface Coating (EPA ICR Number 0660.14, OMB Control Number 2060-0107) 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 March 31, 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.

In accordance with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERLCA"), notice is hereby given that a Proposed Administrative Settlement Agreement and Order on Consent for Remedial Investigation Addendum/Focused Feasibility Study ("Proposed Agreement") associated with the Smeltertown Site near Salida, Chaffee County, Colorado ("Site") was executed by the U.S. Environmental Protection Agency ("EPA"), Region 8 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.

The Environmental Protection Agency (EPA or the Agency) is issuing this final rule under the Toxic Substances Control Act (TSCA) to address to the extent necessary the unreasonable risk of injury to health presented by chrysotile asbestos based on the risks posed by certain conditions of use. The injuries to human health include mesothelioma and lung, ovarian, and laryngeal cancers resulting from chronic inhalation exposure to chrysotile asbestos.

EPA is required under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to make information publicly available and to publish information in the Federal Register pertaining to submissions under TSCA Section 5, including notice of receipt of a Premanufacture notice (PMN), Significant New Use Notice (SNUN) or Microbial Commercial Activity Notice (MCAN), including an amended notice or test information; an exemption application (Biotech exemption); an application for a test marketing exemption (TME), both pending and/or concluded; a notice of commencement (NOC) of manufacture (including import) for new chemical substances; and a periodic status report on new chemical substances that are currently under EPA review or have recently concluded review. This document covers the period from 2/01/ 2024 to 2/29/2024.