Environmental Protection Agency June 2019 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to approve, or conditionally approve, all or portions of five state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA or ``the Act'') requirements for the 1979 1-hour, 1997 8-hour, and 2008 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') in the Los Angeles South Coast Air Basin, California (``South Coast'') ozone nonattainment area. The five SIP revisions include the ``Final 2016 Air Quality Management Plan,'' the ``Revised Proposed 2016 State Strategy for the State Implementation Plan,'' the ``2018 Updates to the California State Implementation Plan,'' the ``Updated Federal 1979 1-Hour Ozone Standard Attainment Demonstration,'' and a local emission statement rule. In today's action, the EPA refers to these submittals collectively as the ``2016 South Coast Ozone SIP.'' The 2016 South Coast Ozone SIP addresses the nonattainment area requirements for the 2008 ozone NAAQS, including the requirements for an emissions inventory, attainment demonstration, reasonable further progress, reasonably available control measures, contingency measures, among others; establishes motor vehicle emissions budgets; and updates the previously-approved control strategies and attainment demonstrations for the 1-hour ozone NAAQS and the 1997 ozone NAAQS. The EPA is proposing to approve the 2016 South Coast Ozone Plan as meeting all the applicable ozone nonattainment area requirements except for the reasonable further progress contingency measure requirement, for which the EPA is proposing conditional approval.

EPA has received a specific exemption request from the National Aeronautics and Space Administration (NASA) to use the pesticide ortho-phthalaldehyde (OPA, CAS No. 643-79-8) to treat the coolant fluid of the internal active thermal control system of the International Space Station to control aerobic/microaerophilic bacteria in the aqueous coolant. The applicant proposes the use of a new chemical which has not been registered by EPA. Therefore, in accordance with the Code of Federal Regulations (CFR), EPA is soliciting public comment before making the decision whether to grant the exemption.

The Environmental Protection Agency (EPA) invites the public to nominate scientific experts to be considered as peer reviewers for the EPA-drafted report titled, ``Potential Approaches for Characterizing the Estimated Benefits of Reducing PM2.5 at Low Concentrations''. A nominee, if selected, will assess the accuracy, content, and interpretation of findings of the report, ensuring that they are factual and scientifically sound. The peer review will provide input to EPA regarding the merits of the technical approaches.

The Environmental Protection Agency (EPA) is proposing to approve certain elements of New York's State Implementation Plan (SIP) revisions, submitted to demonstrate that the State meets the requirements of the Clean Air Act (CAA) for the 2008 Ozone; 2010 Sulfur Dioxide; and 2012 particulate matter of 2.5 microns or less (PM2.5) National Ambient Air Quality Standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit for approval into the SIP a plan for the implementation, maintenance and enforcement of each NAAQS promulgated by the EPA.

The U.S. Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office invites nominations of environmental economists to be considered for appointment to the SAB's Economic Guidelines Review Panel.

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the U.S. Environmental Protection Agency (EPA) is providing notice of a new system of records, EPA ServiceNow (SNOW). SNOW is a Cloud-Based Software as a Service (SaaS) Information Technology Service Management platform used for agency incident and problem management.

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its National Environmental Justice Advisory Council (NEJAC). The NEJAC was chartered to provide advice regarding broad, cross-cutting issues related to environmental justice. This notice solicits nominations to fill approximately seven (7) new vacancies for terms through November 2020. To maintain the representation outlined by the charter, nominees will be selected to represent: Academia (3 vacancies); community-based organizations (2 vacancies); non-governmental organizations (1 vacancy) and tribal governments and indigenous organizations (1 vacancy). Vacancies are anticipated to be filled by November 2019. Sources in addition to this Federal Register Notice will be utilized in the solicitation of nominees.

The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by the State of Missouri on January 14, 2019. The revision submitted by the state is an amendment to a rule relating to reference methods for determining ambient air/atmosphere data and information necessary for the enforcement of air pollution control regulations throughout Missouri. The revision is administrative in nature and either incorporates by reference or updates state rules to match Federal regulations. This revision does not have an adverse effect on air quality. The EPA's proposed approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).

Ohio has applied to the Environmental Protection Agency (EPA) for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. EPA has reviewed Ohio's application and has determined that these changes satisfy all requirements needed to qualify for final authorization. Therefore, we are proposing to authorize the State's changes. EPA seeks public comment prior to taking final action.

The Environmental Protection Agency (EPA) is finalizing approval of revisions to the Utah Administrative Code (UAC), specifically R307-101-3 submitted by the State of Utah on October 13, 2016. This submittal requests a State Implementation Plan (SIP) revision to change the date of the referenced Code of Federal Register (CFR) from July 1, 2014, to July 1, 2015. This action is being taken under section 110 of the Clean Air Act (CAA or Act).

Public notice is hereby given that the state of Utah has revised its Public Water System Supervision (PWSS) Program by adopting federal regulations for the Revised Total Coliform Rule (RTCR) that correspond to the National Primary Drinking Water Regulations (NPDWR). The EPA has reviewed Utah's regulations and determined they are no less stringent than the federal regulations. The EPA is proposing to approve Utah's primacy revision for the RTCR. This approval action does not extend to public water systems in Indian country. Please see SUPPLEMENTARY INFORMATION, Item B.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Montana on August 6, 2018. The revisions include an update to incorporate by reference the 2016 version of the Code of Federal Regulations (CFR) and 2015 version of the United States Code (U.S.C.) within the Adminstrative Rules of Montana (ARM) that are part of the Montana SIP. The revisions also include administrative changes that consolidate the ARM's references to the CFR and U.S.C. and remove two CFR exemptions from incorporation by reference into the ARM. Additional revisions remove incorporation by reference of certain EPA standards for which the state already has delegated authority from the EPA, and correct an internal reference in the ARM.

Section 5(g) of the Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of TSCA section 5(a) notices 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 section 5. This document presents statements of findings made by EPA on TSCA section 5(a) notices during the period from January 1, 2019 to March 31, 2019.

Section 5(g) of the Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of TSCA section 5(a) notices 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 section 5. This document presents statements of findings made by EPA on TSCA section 5(a) notices during the period from November 1, 2018 to December 31, 2018.

The Environmental Protection Agency (EPA) is proposing to reconsider the nonattainment designation under the Clean Air Act (CAA) for the Williamson County, Illinois area for the 2010 1-hour sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS). On June 30, 2016, the EPA Administrator signed a final action that designated the Williamson County, Illinois area as nonattainment based on a review of available information. On September 12, 2016, Southern Illinois Power Cooperative (SIPC), the owner of the largest source of SO2 emissions in the area (the Marion Power Station), submitted to the EPA an updated modeling analysis that characterized SO2 air quality in the area at the time of the final designation action. The EPA has reviewed that modeling and concludes the available information demonstrates that, as of the date of the Administrator's signature on the final action, the Williamson County, Illinois area was not violating the 2010 1-hour SO2 NAAQS and was not contributing to a NAAQS violation in a nearby area. Therefore, the EPA is proposing to change the initial designation of Williamson County, Illinois, from nonattainment to attainment/ unclassifiable.

The U.S. Virgin Islands (USVI) has requested that EPA consider approving its Resource Conservation and Recovery Act (RCRA) Subtitle D municipal solid waste landfills (MSWLF) Permit Program and with this action, EPA is proposing a Tentative Determination of Adequacy of the USVI MSWLF Permit Program. Although RCRA does not require EPA to hold a hearing on any determination to approve a State/Tribe's MSWLF program, the Region has scheduled three public hearings on this tentative determination. Details appear below in the DATES section.

This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

On May 15, 2019, the Environmental Protection Agency published a final rule which added seven new sites to the National Priorities List (NPL) and changed the name of an NPL site. That document inadvertently contained a typographical error, citing Table 1 (General Superfund Section) in the instructions to make the site name change rather than Table 2 (Federal Facilities Section). This document corrects the final rule.

The Director of the Water Division, EPA Region 10, is proposing to reissue two aquaculture National Pollutant Discharge Elimination System (NPDES) General Permits; Aquaculture Facilities in Idaho Excluding Facilities Discharging into the Upper Snake-Rock Subbasin, and Aquaculture Facilities Located in Indian Country in Idaho. As proposed, the General Permits will authorize discharges of wastewater from cold water and warm water Concentrated Aquatic Animal Production facilities (also referred to as CAAPs or ``hatcheries''). The permits will largely replace and combine the NPDES General Permit for Cold Water Aquaculture Facilities in Idaho (not subject to Wasteload Allocations) (IDG131000) and the NPDES General Permit for Aquaculture Facilities in Idaho (subject to Wasteload Allocations) (IDG130000) but will exclude facilities discharging within the Upper Snake-Rock Subbasin. The EPA is not taking action on coverage for facilities that discharge within the Upper Snake-Rock Subbasin under IDG130000 at this time; those facilities with coverage will remain covered under IDG130000. Coverage for facilities under IDG130000 that are not within the Upper Snake-Rock Subbasin will be terminated once coverage under IDG131000 or IDG133000 is available. In addition, with this reissuance, the EPA is separating out discharges from aquaculture facilities located in Indian County in Idaho under a separate General Permit number (IDG133000). This will facilitate the transfer of IDG131000 to the State of Idaho in 2020 as part of the phased implementation of Idaho's administration of the NPDES Program. EPA will remain the permitting authority for IDG133000.

Whenever a new or revised National Ambient Air Quality Standard (NAAQS) is promulgated, the Clean Air Act (CAA) requires states to submit a plan for the implementation, maintenance, and enforcement of the standard, commonly referred to as infrastructure requirements. The Environmental Protection Agency (EPA) is approving the Oregon Department of Environmental Quality's (ODEQ) State Implementation Plan (SIP), submitted on September 25, 2018, as meeting infrastructure requirements for the 2015 ozone NAAQS. In addition, the EPA is approving the addition of an Oregon Administrative Rule to the SIP, submitted as part of the Cleaner Air Oregon SIP submission on December 11, 2018. This rule identifies the November 2018 edition of the Code of Federal Regulations (CFR) as the CFR version referred to throughout the state's rule.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to the Texas State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality. The revisions remove rules from the Texas SIP that address vehicle anti-tampering requirements and the Low Income Repair Assistance Program for certain participating counties.

The Clean Air Act requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting emissions that will have certain adverse air quality effects in other states. On October 25, 2018, the State of Alaska made a submission to the Environmental Protection Agency (EPA) to address these requirements for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The EPA is proposing to approve the Alaska SIP as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will significantly contribute to nonattainment or interfere with maintenance of the 2015 ozone NAAQS in any other state.

The Environmental Protection Agency (EPA) is proposing to approve revisions 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), through a letter dated March 15, 2018. The revisions were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District, also referred to herein as Jefferson County) and make minor ministerial amendments to applicability dates and standards for both existing and new storage vessels for volatile organic compounds (VOC). EPA is proposing to approve the changes because they are consistent with the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the state of Utah on March 27, 2014, and August 7, 2018. The submittals revise the portions of the Utah Administrative Code (UAC) that pertain to the issuance of Utah air quality permits for major sources in nonattainment areas. The intended effect of this proposed action is to bring Utah's nonattainment new source review (NNSR) permitting program in line with federal requirements. This action is being taken under section 110 of the Clean Air Act (CAA or Act).

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel certain pesticide product registrations and to amend certain product registrations to terminate uses. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled and uses terminated only if such sale, distribution, or use is consistent with the terms as described in the final order.