Environmental Protection Agency December 21, 2016 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) and the United States Geological Survey are releasing a technical report: Final EPA- USGS Technical Report: Protecting Aquatic Life from Effects of Hydrologic Alteration. Healthy aquatic ecosystems provide an array of services to individuals and society, including clean drinking water, irrigation supplies, and recreational opportunities. Sound and sustainable management of aquatic ecosystems is an integral part of managing water resources to meet the needs of society. Hydrologic alteration can be a contributor to the impairment of water bodies that are designated to support aquatic life. Stresses on aquatic life associated with hydrologic alteration may be further exacerbated by climate change. This report provides States, Tribes and territories with scientific and technical information on the natural flow regime and potential effects of flow alteration on aquatic life, and a flexible, nonprescriptive framework that state water managers might consider if they are interested in developing narrative or numeric targets for flow regime components that are protective of aquatic life. The report also provides information about States and Tribes that have adopted narrative water quality standards to protect their waterbodies' flow regimes and on the potential impact of climate change on flow regimes.

The Environmental Protection Agency (EPA) is taking direct final action to determine that the Mariposa County, California Moderate Nonattainment Area (NAA) has attained the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standards''). This determination is based on complete, quality-assured and certified data for 2013-2015. Preliminary data for 2016 are consistent with continued attainment of the standards in the Mariposa County NAA. This determination suspends any unfulfilled obligations to submit revisions to the state implementation plan (SIP) related to attainment of the 2008 ozone standards for the Mariposa County NAA for as long as the area continues to meet those standards.

The Environmental Protection Agency (EPA) is proposing to determine that the Mariposa County, California Moderate Nonattainment Area (NAA) has attained the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standards''). This proposed determination is based on complete, quality-assured and certified data for 2013-2015. Preliminary data for 2016 are consistent with continued attainment of the standards in the Mariposa County NAA. If the determination is finalized as proposed, any unfulfilled obligations to submit revisions to the state implementation plan (SIP) related to attainment of the 2008 ozone standards for the Mariposa County NAA will be suspended for as long as the area continues to meet those standards.

The Environmental Protection Agency (EPA) is approving most elements of State Implementation Plan (SIP) submissions from Massachusetts regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 1997 ozone, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). EPA is also conditionally approving three aspects of the Commonwealth's submittals. In addition, we are also making findings of failure to submit pertaining to various aspects of the prevention of significant deterioration (PSD) requirements of infrastructure SIPs. Lastly, we are removing 40 CFR 52.1160 as legally obsolete. This action is being taken in accordance with the Clean Air Act.

Section 6 of the Toxic Substances Control Act (TSCA) provides EPA with several authorities for addressing risks from chemical substances and includes procedures that EPA must follow in doing so. EPA promulgated regulations shortly after TSCA was enacted to implement the procedural requirements for rulemaking under TSCA section 6 as they existed at that time. TSCA was recently amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This final rule removes the regulations specifying certain procedural requirements for rulemaking under TSCA section 6, including the requirement for a hearing, because TSCA, as amended, no longer mandates those procedures.