Environmental Protection Agency – Federal Register Recent Federal Regulation Documents

Pursuant to the Federal Clean Air Act (CAA, the Act), the Environmental Protection Agency (EPA) is disapproving a revision to the Texas State Implementation Plan (SIP) submitted by the State of Texas through the Texas Commission on Environmental Quality (TCEQ) on August 20, 2020 (2020 SIP revision). The 2020 SIP revision addresses emissions during planned Maintenance, Startup and Shutdown (MSS) activities for certain Electric Generating Units (EGUs) and includes requirements intended to address visible emissions (opacity) and Particulate Matter (PM) emissions during planned MSS activities. The requirements are included in eight Agreed Orders (AOs) issued by TCEQ to the affected EGUs and provided in the 2020 SIP revision. EPA determined that the requirements contained in these AOs do not meet the CAA enforceability requirements or the CAA requirement that emission limitations must apply on a continuous basis. We are taking this action in accordance with section 110 of the Act.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Portland Cement Plants (EPA ICR Number 1051.16, OMB Control Number 2060-0025), 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 December 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.

The Environmental Protection Agency (EPA) is correcting a final rule published in the Federal Register on March 6, 2024, that became effective on May 6, 2024. The final rule revised the primary annual PM2.5 standard by lowering the level from 12.0 [micro]g/m\3\ to 9.0 [micro]g/m\3\, retained the current primary 24- hour PM2.5 standard and the primary 24-hour PM10 standard, retained the secondary 24-hour PM2.5 standard, secondary annual PM2.5 standard, and secondary 24-hour PM10 standard, and finalized revisions to the Air Quality Index (AQI) and monitoring requirements for the national ambient air quality standards for particulate matter (PM NAAQS). After publication, the EPA became aware of an error in the preamble text regarding the due date for infrastructure State implementation plan (infrastructure SIP) submissions for the 2024 p.m. NAAQS. With this action, the EPA is clarifying the due date for infrastructure SIP submissions for the 2024 p.m. NAAQS. The EPA is also correcting inadvertent errors in the PM2.5 monitoring regulatory text. These corrections do not include any substantive changes to the final rule.

The Environmental Protection Agency (EPA) is requesting comment on an application from Mitsubishi Motors Corporation ("MMC") for off-cycle carbon dioxide (CO2) credits under EPA's light-duty vehicle greenhouse gas emissions standards. "Off-cycle" emission reductions can be achieved by employing technologies that result in real-world benefits, but where that benefit is not adequately captured on the test procedures used by manufacturers to demonstrate compliance with emission standards. EPA's light-duty vehicle greenhouse gas program acknowledges these benefits by giving automobile manufacturers several options for generating "off-cycle" CO2 credits. Under the regulations, a manufacturer may apply for CO2 credits for off-cycle technologies that result in off-cycle benefits. In these cases, a manufacturer must provide EPA with a proposed methodology for determining the real-world off-cycle benefit. MMC submitted their application describing a methodology for determining off-cycle credits from the technology described in their application. Pursuant to applicable regulations, EPA is making this off-cycle credit calculation methodology available for public comment.

The Environmental Protection Agency (EPA) is determining that the Piti-Cabras, Guam, sulfur dioxide (SO2) nonattainment area (NAA) failed to attain the 2010 1-hour SO2 primary national ambient air quality standard (NAAQS, "standard," or "2010 SO2 NAAQS") by the applicable statutory attainment date of April 9, 2023. This determination is based on an analysis of available modeling, emissions data, and information concerning control strategy implementation. This action addresses the EPA's obligation under Clean Air Act (CAA) section 179(c) to determine whether the Piti-Cabras SO2 NAA ("Piti-Cabras area") attained the 2010 SO2 NAAQS by the April 9, 2023 attainment date.

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 11/01/ 2024 to 11/30/2024.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Small Industrial- Commercial-Institutional Steam Generating Units (EPA ICR Number 1564.12, OMB Control Number 2060-0202) 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 December 31, 2024. Public comments were previously requested via the Federal Register (88 FR 31748) 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 has submitted an information collection request (ICR), NESHAP for Carbon Black Production (EPA ICR Number 2677.03, OMB Control Number 2060-0738) 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 December 31, 2024. Public comments were previously requested via the Federal Register on August 6, 2024 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

This notice announces the availability of the U.S. Environmental Protection Agency's (EPA) Preliminary Effluent Guidelines Program Plan 16 (Preliminary Plan 16) and solicits public comment. The Clean Water Act (CWA) requires the EPA to biennially publish a plan for new and revised effluent limitations guidelines and pretreatment standards, after public review and comment. Preliminary Plan 16 discusses the EPA's 2022 and 2023 annual reviews of effluent guidelines and pretreatment standards, presents its preliminary review of specific industrial categories, and provides an update on the analyses and tools that the EPA is continuing to enhance to further improve its annual review and biennial planning process.

Under the Toxic Substances Control Act (TSCA) and related implementing regulations, EPA is initiating the prioritization process for five chemical substances as candidates for designation as High- Priority Substances for risk evaluation. This action provides the identity of the chemical substances being initiated for prioritization, a general explanation of why the Agency chose these chemical substances, and information on the data sources EPA plans to use to support the designation. EPA is providing a 90-day comment period, during which interested persons may submit relevant information on these chemical substances.

The Environmental Protection Agency (EPA or "Agency") is finalizing a rule to address the unreasonable risk of injury to health presented by carbon tetrachloride (CTC) under its conditions of use. 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. EPA's final rule will establish workplace safety requirements for most conditions of use, including the condition of use related to the making of low Global Warming Potential (GWP) hydrofluoroolefins (HFOs); prohibit the manufacture (including import), processing, distribution in commerce, and industrial/ commercial use of CTC for conditions of use where information indicates use of CTC has ceased; and establish recordkeeping and downstream notification requirements. The use of CTC in low GWP HFOs is particularly important in the Agency's efforts to support the American Innovation and Manufacturing Act of 2020 (AIM Act) and the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, which was ratified on October 26, 2022.

The Environmental Protection Agency (EPA or the Agency) is finalizing the Agency's first comprehensive revisions to the regulations governing Clean Water Act (CWA) section 404 Tribal and State programs since 1988. The primary purpose of the revisions is to respond to longstanding requests from Tribes and States to clarify the requirements and processes for the assumption and administration of a CWA section 404 permitting program for discharges of dredged and fill material. The revisions facilitate Tribal and State assumption and administration of CWA section 404, consistent with the policy of the CWA as described in section 101(b), by making the procedures and substantive requirements for assumption transparent and straightforward. It clarifies the minimum requirements for Tribal and State programs while ensuring flexibility to accommodate individual Tribal and State needs. In addition, the final rule clarifies the criminal negligence standard in the CWA section 404 program, as well as making a corresponding change in the section 402 program. Finally, the final rule makes technical revisions, including removing outdated references associated with the section 404 Tribal and State program regulations.

The Environmental Protection Agency (EPA or the Agency) is amending the new chemicals procedural regulations under the Toxic Substances Control Act (TSCA). These amendments align the regulatory text with the amendments to TSCA's new chemicals review provisions contained in the Frank R. Lautenberg Chemical Safety for the 21st Century Act, enacted on June 22, 2016, will improve the efficiency of EPA's review processes, and update the regulations based on existing policies and experience implementing the New Chemicals Program. This final rule includes amendments that will increase the quality of information initially submitted in new chemicals notices and improve the Agency's processes for timely, effective completion of individual risk assessments and the new chemicals review process overall. EPA is also finalizing several amendments to the regulations for low volume exemptions (LVEs) and low release and exposure exemptions (LoREXs), which will require EPA approval of an exemption notice prior to commencement of manufacture, make per- and polyfluoroalkyl substances (PFAS) categorically ineligible for these exemptions, and provide that certain persistent, bioaccumulative, toxic (PBT) chemical substances are ineligible for these exemptions.

The Environmental Protection Agency (EPA) is providing notice that we are adding one chapter to the current EPA Air Pollution Control Cost Manual (henceforth, Control Cost Manual). The EPA is requesting comment on: Chapter 2, Section 5, "Dry Sorbent Injection." This new Control Cost Manual chapter covers control measures for sulfur dioxide (SO2) and acid gas emissions.

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for certain chemical substances that were the subject of premanufacture notices (PMNs) and are also subject to an Order issued by EPA pursuant to TSCA. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use by this rulemaking to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the conditions of that use for that chemical substance. In addition, the manufacture or processing for the significant new use may not commence until EPA has conducted a review of the required notification, made an appropriate determination regarding that notification, and taken such actions as required by that determination.

The Environmental Protection Agency (the EPA or the Agency) is finalizing the redesignation of portions of Cambria County and Westmoreland County, Pennsylvania, to "nonattainment" for the 2010 1- hour primary sulfur dioxide (SO2) national ambient air quality standard (NAAQS or standard). Westmoreland County was previously designated "attainment/ unclassifiable," and Cambria County was designated "unclassifiable." The EPA notified the Commonwealth of Pennsylvania of its intended redesignation of portions of Cambria and Westmoreland counties on February 17, 2023, and published a Notice of Availability (NOA) for this action on February 12, 2024. The EPA's redesignation of portions of these counties is based on modeled violations of the 2010 1-hour primary SO2 NAAQS.

This regulation establishes exemptions from the requirement of a tolerance for residues of the Brevibacillus laterosporus Mpp75Aa1.1 and Bacillus thuringiensis Vpb4Da2 proteins (hereafter Mpp75Aa1.1 and Vpb4Da2 proteins) in or on the food and feed commodities of corn: corn, field; corn, sweet, and corn, pop when used as plant-incorporated protectants (PIP) in corn. Bayer CropScience LP., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting these exemptions. These regulations eliminate the need to establish maximum permissible levels for residues of Mpp75Aa1.1 and Vpb4Da2 proteins.

The Environmental Protection Agency (EPA) is proposing to approve a revision to New Jersey's State Implementation Plan (SIP), submitted by the New Jersey Department of Environmental Protection (NJDEP), to incorporate regulations concerning permits and certificates for minor source facilities and major source facilities without an operating permit. The intended effect of the NJDEP's revisions to the SIP, is to regulate the construction and modification of stationary sources with adequate requirements to ensure that the National Ambient Air Quality Standards (NAAQS) are satisfied. In addition, the NJDEP's revisions will strengthen the SIP by conforming it with the State regulations that were in effect at the time of the SIP submission. If the EPA finalizes this rulemaking as it is being proposed, the Federal air permitting program for New Jersey will be updated, which will better serve the regulated community and help to protect the quality of air in the State.

The Environmental Protection Agency (EPA) is making a determination that the Rusk and Panola Counties, Texas nonattainment area (Rusk-Panola area) \1\ failed to attain the 2010 one-hour primary sulfur dioxide (SO2) national ambient air quality standard (NAAQS) by the Clean Air Act (CAA or the Act) applicable attainment date of January 12, 2022. This determination is based upon consideration of and review of air quality information for the Rusk- Panola area leading up to the area's attainment date of January 12, 2022. The EPA proposed this finding of failure to attain on August 2, 2024, as part of a larger action that included proposed action on the attainment plan. EPA will be taking final action on our proposed limited approval and limited disapproval of Texas' attainment plan for the Rusk-Panola area in a separate action.

The Environmental Protection Agency (EPA) is approving a Clean Air Act (CAA) plan and two state rules submitted by the Missouri Department of Natural Resources (MoDNR) on July 25, 2022. This plan was submitted to fulfill the state's obligations under the CAA to implement and enforce the requirements of the Emissions Guidelines and Compliance Times for municipal solid waste (MSW) landfills. This plan includes an inventory of affected sources and explains how the state rules fulfill the regulatory requirements needed for EPA to approve the plan.

Notice is hereby given that the Environmental Protection Agency (EPA) has posted on its website a final guidance document titled, "Final Guidance on the Preparation of State Implementation Plan Provisions that Address the Nonattainment Area Contingency Measure Requirements for Ozone and Particulate Matter."

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is finalizing our determination that the sulfur dioxide (SO2) nonattainment area (NAA) in Freestone and Anderson Counties and the SO2 NAA in Titus County have each attained the 2010 1-hour primary SO2 national ambient air quality standard (NAAQS) by the applicable attainment date of January 12, 2022. This determination is based on primary source shutdowns, available ambient air quality monitoring data from the 2019-2021 monitoring period, relevant modeling analysis, and additional emissions inventory information. This final action will address the EPA's obligation under CAA section 179(c) to determine whether the Freestone-Anderson and Titus SO2 NAAs attained the 2010 1-hour primary SO2 NAAQS by the statutory attainment date of January 12, 2022, for each area.

The Environmental Protection Agency (EPA) is taking final action on a source-specific revision to the Maricopa County Air Quality Department's (MCAQD or "Department") portion of the Arizona State Implementation Plan (SIP). This revision consists of certain permit conditions related to emissions offsets generated from the replacement of existing diesel-fueled solid waste collection trucks promulgated by the MCAQD and submitted by the State of Arizona for inclusion in the Maricopa County portion of the Arizona SIP under the Clean Air Act (CAA or "Act"). The permit conditions were submitted for SIP approval to ensure that they are federally enforceable, which is the basis for qualifying certain emissions reductions as creditable offsets under the CAA.

The U.S. Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), the 8th Drinking Water Infrastructure Needs Survey and Assessment (EPA ICR Number 7798.01, OMB Control Number 2024-0561) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a request for approval of a new collection. This notice allows for 60 days for public comments.