Environmental Protection Agency – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; Proposed Renewal of an Existing ICR Collection and Request for Comment; Standards for Pesticide Containers and Containment
In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on the following Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): "Standards for Pesticide Container and Containment," identified by EPA ICR No. 1632.07 and OMB Control No. 2070-0133. This ICR represents a renewal of an existing ICR that is currently approved through January 31, 2025. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.
Air Plan Approval; California; Feather River Air Quality Management District; Nonattainment New Source Review; 2015 Ozone Standard
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 ozone National Ambient Air Quality Standards (NAAQS). This SIP revision addresses the Feather River Air Quality Management District (District) portion of the California SIP. This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.
Information Regarding Allowances Used in Cross-State Air Pollution Rule (CSAPR) Trading Programs
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 new unit set-asides (NUSAs) for the 2023 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA has also completed calculations for allocations of the remaining 2023 NUSA allowances to existing units and has posted spreadsheets containing those calculations on EPA's website as well. Additionally, EPA is making available an estimate of the data and calculations to be used in the allowance bank recalibration process for the 2024 control period under the CSAPR NOX Ozone Season Group 3 Trading Program.
Air Plan Approval; California; Antelope Valley Air Quality Management District and Mojave Desert Air Quality Management District
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) and the Mojave Desert Air Quality Management District (MDAQMD) portions of the California State Implementation Plan (SIP) concerning rules submitted to address section 185 of the Clean Air Act (CAA or the Act) with respect to the 1979 1-hour ozone National Ambient Air Quality Standards (NAAQS or standard). We are proposing action on these local rules that were submitted as equivalent alternatives to a statutory section 185 program. We are taking comments on this proposal and plan to follow with a final action.
Determination To Defer Sanctions; California; Antelope Valley Air Quality Management District and Mojave Desert Air Quality Management District
The Environmental Protection Agency (EPA) is making an interim final determination that the California Air Resources Board (CARB) has submitted a revised rule on behalf of the Antelope Valley Air Quality Management District (AVAQMD) and Mojave Desert Air Quality Management District (MDAQMD) that corrects deficiencies identified in its Clean Air Act (CAA or Act) state implementation plan (SIP) provisions concerning rules submitted to address section 185 of the Clean Air Act (CAA or the Act) with respect to the 1-hour ozone standard. This determination is based on a proposed approval, published elsewhere in this Federal Register, of AVAQMD Rule 315 and MDAQMD Rule 315, which establish a section 185 fee program in the AVAQMD and MDAQMD portions of the Southeast Desert Modified Air Quality Management Area. The effect of this interim final determination is that the imposition of sanctions that were triggered by a previous disapproval by the EPA in 2022 is now deferred. If the EPA finalizes its approval of AVAQMD Rule 315 and MDAQMD Rule 315 submission, relief from these sanctions will become permanent.
Forty-Fifth Update of the Federal Agency Hazardous Waste Compliance Docket
Since 1988, the Environmental Protection Agency (EPA) has maintained a Federal Agency Hazardous Waste Compliance Docket ("Docket") under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA requires EPA to establish a Docket that contains certain information reported to EPA by Federal facilities that manage hazardous waste or from which a reportable quantity of hazardous substances has been released. This notice identifies the Federal facilities not previously listed on the Docket and identifies Federal facilities reported to EPA since the last update on October 26, 2023. In addition to the list of additions to the Docket, this notice includes a section with revisions of the previous Docket list and a section of Federal facilities that are to be deleted from the Docket. Thus, the revisions in this update include one addition, zero deletions, and zero corrections to the Docket since the previous update.
Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3
The Environmental Protection Agency (EPA) is promulgating new greenhouse gas (GHG) emissions standards for model year (MY) 2032 and later heavy-duty highway vehicles that phase in starting as early MY 2027 for certain vehicle categories. The phase in revises certain MY 2027 GHG standards that were established previously under EPA's Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and VehiclesPhase 2 rule ("HD GHG Phase 2"). This document also updates discrete elements of the Averaging Banking and Trading program, including providing additional flexibilities for manufacturers to support the implementation of the Phase 3 program balanced by limiting the availability of certain advanced technology credits initially established under the HD GHG Phase 2 rule. EPA is also adding warranty requirements for batteries and other components of zero-emission vehicles and requiring customer-facing battery state-of- health monitors for plug-in hybrid and battery electric vehicles. In this action, we are also finalizing additional revisions, including clarifying and editorial amendments to certain highway heavy-duty vehicle provisions and certain test procedures for heavy-duty engines.
Announcing Upcoming Meeting of Mobile Sources Technical Review Subcommittee
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.
Nominations to the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP); Request for Comments
The Environmental Protection Agency (EPA or the Agency) is now accepting public comments on the experts the Agency is considering for membership on the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP). This document identifies the individuals nominated. The Agency anticipates selecting from those nominees that are identified as interested and available to appoint up to four new SAP members by July 2024 due to expiring membership terms. Current members of the SAP are eligible for reappointment during this period. Therefore, the appointments anticipated to be completed by July may include a mix of newly appointed and reappointed members. Public comments on these nominations will be used to assist the Agency in selecting the new members for the FIFRA SAP.
Pesticide Registration Review; Draft Human Health and Ecological Risk Assessments for Formaldehyde and Paraformaldehyde; Notice of Availability
This notice announces the availability of EPA's draft human health and ecological risk assessments for the registration review of formaldehyde and paraformaldehyde and opens a 60-day public comment period on this document.
Air Plan Approval; Iowa; State Implementation Plan and State Operating Permits Program
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Iowa State Implementation Plan (SIP) and the Operating Permit Program for the State of Iowa. The revisions update incorporations by reference to EPA methods for performance testing (stack testing), update the definitions, and adopt the most recent National Ambient Air Quality Standards (NAAQS) for ozone. These revisions do not impact the stringency of the SIP or have an adverse effect on air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Other Solid Waste Incinerators; Air Curtain Incinerators Title V Permitting Provisions
On August 31, 2020, in accordance with requirements under the Clean Air Act (CAA), the U.S. Environmental Protection Agency (EPA) performed a 5-year review of the Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Other Solid Waste Incineration (OSWI) Units, which includes certain very small municipal waste combustion (VSMWC) and institutional waste incineration (IWI) units. In the same action, the EPA proposed to remove the title V permitting requirements for air curtain incinerators (ACI) that burn only wood waste, clean lumber, yard waste, or a mixture of these three types of waste. In response to supportive comments received on the August 2020 proposal, this action is finalizing, as proposed, to remove the title V permitting requirements for ACIs that only burn wood waste, clean lumber, yard waste, or a mixture of those, and are not located at title V major sources or subject to title V for other reasons. The EPA is finalizing this proposed action now to simplify the compliance obligations for owners and operators of these types of units.
Asbestos Part 2 Supplemental Evaluation Including Legacy Uses and Associated Disposals; Draft Risk Evaluation Under the Toxic Substances Control Act; Notice of Availability, Webinar and Request for Comment
The Environmental Protection Agency (EPA or the Agency) is announcing the availability of and seeking public comment on a draft document titled "Draft Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos" and is announcing a webinar on May 13, 2024. EPA is evaluating legacy uses and associated disposals of asbestos including chrysotile asbestos, five additional fiber types, asbestos-containing talc, and Libby asbestos. EPA has used the best available science to preliminarily determine that asbestos poses unreasonable risk to human health.
Approval and Promulgation of Implementation Plans; State of California; Coachella Valley; Extreme Attainment Plan for 1997 8-Hour Ozone Standards
The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA) requirements for the 1997 8-hour ozone national ambient air quality standards (NAAQS or "standards") in the Riverside County (Coachella Valley), CA nonattainment area ("Coachella Valley"). These SIP revisions address the "Extreme" nonattainment area requirements for the 1997 8-hour ozone standards, including the requirements for the attainment demonstration, reasonable further progress demonstration, and reasonably available control measures demonstration, among others.
Interim PFAS Destruction and Disposal Guidance; Notice of Availability for Public Comment
The National Defense Authorization Act for Fiscal Year 2020 (FY 2020 NDAA) was signed into law on December 19, 2019. Section 7361 of the FY 2020 NDAA directs the U.S. Environmental Protection Agency (EPA) to publish interim guidance on the destruction and disposal of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and materials containing PFAS and to update the guidance at least every three years, as appropriate. The EPA is releasing an update to the December 20, 2020, interim guidance for public comment. The updated guidance builds on information pertaining to technologies that may be feasible and appropriate for the destruction or disposal of PFAS and PFAS-containing materials. The 2024 interim guidance also identifies key data gaps and uncertainties that must be resolved before the EPA can issue more definitive recommendations about PFAS destruction and disposal technologies.
Clean Water Act Methods Update Rule for the Analysis of Effluent
The U.S. Environmental Protection Agency (EPA) is finalizing changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under the EPA's National Pollutant Discharge Elimination System permit program. The Clean Water Act requires the EPA to promulgate these test procedures (analytical methods) for analysis of pollutants. The EPA anticipates that these changes will provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this update to the CWA methods will incorporate technological advances in analytical technology and make a series of minor changes and corrections to existing approved methods. As such, the EPA expects that these changes will not result in any negative economic impacts.
Petition To Remove the Stationary Combustion Turbines Source Category From the List of Categories of Major Sources of Hazardous Air Pollutants
The U.S Environmental Protection Agency (EPA) is announcing the Agency's decision to deny a petition requesting the removal of the Stationary Combustion Turbines source category from the list of categories of major sources of hazardous air pollutants (HAP) subject to regulation the Clean Air Act (CAA). The petition was submitted jointly by American Fuel & Petrochemical Manufacturers, the American Petroleum Institute, the American Public Power Association, the Gas Turbine Association, the Interstate Natural Gas Association of America, and the National Rural Electric Cooperative Association ("the petitioners"). The EPA is denying the petition based on the EPA's determination that the petition is incomplete and because we have found that the submitted information is inadequate to determine that no source in the category emits HAP in quantities that may cause a lifetime risk of cancer greater than 1-in-1 million to the individual in the population who is most exposed to emissions of such pollutants from the source. We have reached this decision based on review of the risk analysis and other information submitted by petitioners and on consideration of turbine testing results received from a CAA information request. The EPA is denying the petition with prejudice and will deny any future petition to delist as a matter of law unless such future petition is accompanied by substantial new information or analysis.
National Environmental Justice Advisory Council; Notification of Public Meeting
Pursuant to the Federal Advisory Committee Act (FACA), the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will meet on the dates and times described below. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days public notice. The meeting is open to the public. For additional information about registering to attend the meeting or to provide public comment, please see "REGISTRATION" under SUPPLEMENTARY INFORMATION. Pre-Registration is required.
Approval of Clean Air Act General Permit Request for Coverage for New Minor Source Gasoline Dispensing Facility in Indian Country Within California for Oak Creek Travel Center
This notice announces that the U.S. Environmental Protection Agency (EPA), Region 9 issued an approval to the Fort Independence Indian Community of Paiute Indians of the Fort Independence Indian Reservation (Fort Independence Indian Community) under the Clean Air Act's Tribal Minor New Source Review (NSR) Program. The EPA approved the Fort Independence Indian Community's Request for Coverage under the General Air Quality Permit for New or Modified Minor Source Gasoline Dispensing Facilities in Indian Country within California for the Oak Creek Travel Center. This approval authorizes the construction of the Oak Creek Travel Center under the Tribal Minor NSR Program.
Air Plan Revisions; Arizona; Maricopa County Air Quality Department
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Maricopa County Air Quality Department (MCAQD) portion of the Arizona State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs), oxides of nitrogen (NOX), particulate matter (PM), and oxides of sulfur (SOX). We are proposing to approve local rules 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.
Certain New Chemicals; Receipt and Status Information for March 2024
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 3/01/ 2024 to 3/31/2024.
Notice of Adoption of a Fish and Wildlife Service Categorical Exclusion Under the National Environmental Policy Act
The Environmental Protection Agency (EPA) is adopting a Fish and Wildlife Service's (FWS) categorical exclusion (CE) for restoration activities of wetland, riparian, instream, and native habitats under the National Environmental Policy Act (NEPA) to use in certain EPA water grants and loan programs administered by EPA. This notice describes the categories of proposed actions for which EPA intends to use FWS's CE and describes the consultation between the agencies.
Public Hearing for the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen, Oxides of Sulfur, and Particulate Matter
The Environmental Protection Agency (EPA) is announcing that a virtual public hearing will be held for the proposed action titled, "Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen, Oxides of Sulfur, and Particulate Matter" which is published elsewhere in this Federal Register. The hearing will be held on May 8, 2024. Based on the EPA's review of the ecological air quality criteria and the secondary national ambient air quality standards (NAAQS) for oxides of nitrogen (N oxides), oxides of sulfur (SOX), and particulate matter (PM), the EPA is proposing to revise the existing secondary SO2 standard. Additionally, the Agency proposes to retain the existing secondary standards for N oxides and PM. The EPA also proposes revisions to data handling requirements for the proposed secondary SO2 standard.
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen, Oxides of Sulfur, and Particulate Matter
Based on the Environmental Protection Agency's (EPA's) review of the air quality criteria and national ambient air quality standards (NAAQS) for oxides of nitrogen (N oxides), oxides of sulfur (SOX), and particulate matter (PM), the Environmental Protection Agency (EPA) proposes to revise the existing secondary sulfur dioxide (SO2) standard to an annual average, averaged over three consecutive years, with a level within the range from 10 to 15 parts per billion (ppb). Additionally, the Agency proposes to retain the existing secondary standards for N oxides and PM, without revision. The EPA also proposes revisions to the data handling requirements for the proposed secondary SO2 NAAQS.
Air Plan Approval; Ohio; OAC Chapter 3745-17 Particulate Matter
The Environmental Protection Agency (EPA) is proposing to approve assorted revisions to Ohio's particulate matter rules that the state requested EPA approve into the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). The updates to Ohio's particulate matter rules include revisions to remove provisions for facilities or emissions units that have permanently shut down, update facility names and addresses, and make nonsubstantive revisions to the language of the rules.
Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; New Jersey; 2015 Ozone Infrastructure Requirements
The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove certain elements of a State Implementation Plan (SIP) revision that New Jersey submitted to demonstrate that the State satisfies the infrastructure requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 2015 8- hour Ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each State's air quality management program are adequate to meet the State's responsibilities under the CAA. Except as noted, this SIP revision satisfies the infrastructure requirements of the CAA for the 2015 ozone NAAQS.
Air Plan Approval; Georgia; Gasoline Dispensing Facilities
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Georgia through the Georgia Department of Natural Resources (GA DNR), Environmental Protection Division (EPD), via a letter dated May 24, 2022. The revision seeks to remove the requirement for Enhanced Stage I Gasoline Vapor Recovery Systems (i.e., Stage 1 EVR) at existing gasoline dispensing facilities (GDFs) in Catoosa, Richmond, and Walker counties. EPA is proposing to approve this change pursuant to the Clean Air Act (CAA or Act).
Air Plan Approval; Virginia; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Fredericksburg Area
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).
Air Plan Approval; North Carolina; Revision to Approved Motor Vehicle Emissions Budgets
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.
Silane, Hexadecyltrimethoxy-, Hydrolysis Products With Silica in Pesticide Formulations; Pesticide Tolerance Exemption
This regulation establishes an exemption from the requirement of a tolerance for residues of silane, hexadecyltrimethoxy-, hydrolysis products with silica (CAS Reg. No. 199876-45-4) when used as an inert ingredient (Pickering emulsion) on growing crops and raw agricultural commodities pre- and post-harvest at no more than 0.6% by weight of the pesticide formulation. Evonik Corporation, 299 Jefferson Road, Parsippany, NJ 07054 submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of silane, hexadecyltrimethoxy-, hydrolysis products with silica, when used in accordance with the terms of this exemption.
Air Plan Approval; KY; Updates to Attainment Status Designations
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).
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; NSPS for Asphalt Processing and Roofing Manufacture (Renewal)
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.
Extension of the Attainment Date and Determination of Attainment by the Attainment Date of the Uinta Basin Marginal Nonattainment Area Under the 2015 Ozone National Ambient Air Quality Standards
The Environmental Protection Agency (EPA or Agency) is proposing two Clean Air Act (CAA) actions related to the attainment date for the Uinta Basin (Basin), Utah Marginal nonattainment area under the 2015 Ozone National Ambient Air Quality Standards (NAAQS). First, the Agency is proposing to grant a second 1-year extension of the attainment date for the area. This action would extend the Marginal area attainment date for this area from August 3, 2022, to August 3, 2023. Second, the Agency is proposing to determine that the area attained the standard by the extended attainment date of August 3, 2023, based on certified ozone monitoring data from 2020-2022. This action, if finalized, will fulfill the EPA's statutory obligation to determine whether the Uinta Basin Marginal ozone nonattainment area attained the NAAQS by the attainment date through publication in the Federal Register.
Air Plan Approval; Wyoming; Revisions to Regional Haze State Implementation Plan
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).
Air Plan Approval; Colorado; 2017 Base Year Inventory and Emission Statement Rule Marginal Nonattainment Requirements, Revisions to Regulation 3
The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the State of Colorado to meet certain Clean Air Act (CAA) requirements related to the Denver Metro/North Front Range (DMNFR) area's classification as Marginal nonattainment for the 2015 8-hour ozone national ambient air quality standards (NAAQS). The revisions contain a base year emissions inventory for the nonattainment area and certify that the State's existing Air Pollutant Emissions Notice (APEN) program fulfills the CAA's emission statement rule requirement. The revisions also include a new requirement for annual certification of APEN reported emissions. Unrelated to Colorado's Marginal ozone nonattainment obligations, EPA is also proposing to approve the State's revisions to Regulation 3 concerning an update to the date of incorporation by reference of global warming potentials used in the computation of the carbon dioxide equivalent for comparing emissions from various greenhouse gases (GHGs). EPA is taking this action pursuant to the CAA.
Notice of Proposed Administrative Settlement Agreement and Order on Consent for Recovery of Past Response Costs
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.
Certain New Chemicals or Significant New Uses; Statements of Findings for January and February 2024
The Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of certain TSCA submissions when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA. This document presents statements of findings made by EPA on such submissions during the period from January 1, 2024, to February 29, 2024.
Polychlorinated Biphenyls (PCBs); TSCA Section 21 Petition for Rulemaking Under TSCA Section 6; Reasons for Agency Response; Denial of Requested Rulemaking
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.
Mercury Criterion To Protect Aquatic Life in Idaho
The Environmental Protection Agency (EPA) is proposing to promulgate a Federal Clean Water Act (CWA) chronic aquatic life ambient water quality criterion for waters under the state of Idaho's jurisdiction to protect aquatic life from the effects of exposure to harmful concentrations or levels of total mercury (i.e., including methylmercury and inorganic mercury). In 2008, the EPA disapproved the state's revision of its mercury aquatic life criteria. The state has not adopted and submitted revised mercury aquatic life criteria to the EPA to address the EPA's 2008 disapproval. Therefore, the EPA is proposing a Federal mercury criterion to protect aquatic life uses in Idaho.
Air Plan Approval; District of Columbia; Removal of Stage II Gasoline Vapor Recovery Program Requirements
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.
Significant New Use Rules on Certain Chemical Substances (21-4.F)
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs). The chemical substances received "not likely to present an unreasonable risk" determinations 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 use, under the conditions of 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.
Proposed Consent Decree, Clean Air Act Citizen Suit
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.
Public Meetings of the Science Advisory Board Radionuclide Cancer Risk Coefficients Review Panel
The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office is announcing two public meetings of the Science Advisory Board Radionuclide Cancer Risk Coefficients Review Panel. The purpose of the meetings is to receive a briefing from EPA, review and discuss charge questions, listen to public comments and peer review the EPA's draft Cancer Risk Coefficients for Environmental Exposure to Radionuclides (Federal Guidance Report No. 16).
Approval of Implementation Plans for Air Quality Planning Purposes; State of Nevada; Clark County Second 10-Year Maintenance Plan for the 1997 8-Hour Ozone Standard
The Environmental Protection Agency (EPA) is taking final action to approve, as a revision of the Nevada state implementation plan (SIP), the State's second 10-year plan for maintaining the 1997 8- hour ozone standard in Clark County ("Clark County Second Maintenance Plan" or "Plan"). The Clark County Second Maintenance Plan includes, among other elements, a base year emissions inventory, a maintenance demonstration, contingency provisions, and motor vehicle emissions budgets for use in transportation conformity determinations to ensure the continued maintenance of the 1997 National Ambient Air Quality Standards for ozone ("1997 ozone NAAQS" or "1997 8-hour ozone standard"). With this action, the EPA is approving the motor vehicle emissions budgets for 2017, 2023, and 2033. The EPA is taking this final action because the SIP revision meets the applicable statutory and regulatory requirements for such plans and motor vehicle emissions budgets.
National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review
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).
Air Plan Approval; Pennsylvania; Allegheny County Open Burning Revision and Addition of Mon Valley Air Pollution Episode Requirements
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD). The revision incorporates into the Pennsylvania SIP, particulate matter emission mitigation requirements for industry operating in the portion of Allegheny County known as the "Mon Valley" during weather-related pollution episodes. It also amends a portion of Allegheny County's open burning regulation, which was previously incorporated into Pennsylvania's SIP. EPA is approving this revision to the Allegheny County portion of the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).
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