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

The Environmental Protection Agency (EPA) is proposing to amend the Federal Minor New Source Review (NSR) Program in Indian Country and the Federal Implementation Plan (FIP) for True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector (National O&NG FIP). The amendment would potentially reduce, by up to 30 days, the time between a source owner/operator's submission of required Endangered Species Act (ESA)/National Historic Preservation Act (NHPA) screening documents and beginning construction. Specifically, the amendment would allow for concurrent, rather than sequential, submission of two sets of documents: Part 1 Registration Form (Part 1 Form) to register applicability under the National O&NG FIP, and documentation supporting completed screening procedures (screening procedures documentation) for the evaluation of potential impacts of their proposed projects on threatened or endangered species and historic properties (protected resources). The proposal also seeks to further clarify the 30-day period before construction may begin, and the potential forms of written notification by the EPA Regional Office to source owner/operators. Finally, this proposal addresses minor edits to correct incorrect citations and cross references.

This regulation establishes an exemption from the requirement of a tolerance for residues of Acrylamide-Sodium Acrylamidomethylpropanesulfonate Copolymer; number average molecular weight greater than 1,000,000 daltons when used as an inert ingredient in a pesticide chemical formulation. Lewis & Harrison, LLC on behalf of BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Acrylamide-Sodium Acrylamidomethylpropanesulfonate Copolymer on food or feed commodities.

Under the Federal Advisory Committee Act, Public Law 92463, the Environmental Protection Agency (EPA) gives notice of a public meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT members represent academia, Business/industry, non- governmental organizations, and local, state, and tribal governments. The purpose of this meeting is for NACEPT to begin developing recommendations in response to the agency's charge on how to best incorporate a product durability rating system to help protect the environment and health of Alaskan communities. A copy of the meeting agenda will be posted at https://www2.epa.gov/ faca/nacept.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. These revisions consist of single-source Orders that New Hampshire adopted to meet reasonably available control technology requirements (RACT), and of requests made by New Hampshire to withdraw from its SIP a number of previously issued RACT Orders. This action is being taken under the Clean Air Act.

The Environmental Protection Agency (EPA) Region 7 is issuing a Notice of Intent to Delete the Electro-Coatings, Inc. Superfund Site (Site) located at 911 Shaver, Cedar Rapids, Iowa, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Iowa, through the Iowa Department of Natural Resources (IDNR), have determined that all required and appropriate response actions at the Electro-Coatings under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) is approving Arizona's Regional Haze Progress Report (``Progress Report'' or ``Report''), submitted on November 12, 2015, as a revision to its state implementation plan (SIP). This SIP revision addresses requirements of the Clean Air Act (CAA) and the EPA's rules that require states to submit periodic reports describing progress toward reasonable progress goals (RPGs) established for regional haze and a determination of adequacy of the state's existing regional haze plan. The EPA is approving the Report on the basis that it addresses the progress report and adequacy determination requirements for the first implementation period for regional haze.

Notification is hereby given in accordance with the provision of section 1413 of the Safe Drinking Water Act, as amended, and the requirements governing the National Primary Drinking Water Regulations Implementation that the State of Delaware is revising its approved Public Water System Supervision Program. The State has adopted several regulations which will provide for better public health protection by reducing exposure to potential contaminants in drinking water. EPA has determined that these revisions are no less stringent than the corresponding Federal regulations. EPA is taking action to tentatively approve these program revisions.

The Environmental Protection Agency (EPA) is proposing to conditionally approve a revision to the State of Nevada's State Implementation Plan (SIP) for Clark County. The revision consists of an update to certain elements of the maintenance plan for the Clark County air quality planning area for the 1997 8-hour ozone national ambient air quality standards (NAAQS or ``standards''), including the emissions inventories, maintenance demonstration, and motor vehicle emissions budgets. The EPA is proposing to conditionally approve the SIP revision because the Clark County ozone SIP, as revised, continues to provide for maintenance of the 1997 ozone NAAQS and, upon fulfillment of certain commitments, will not interfere with attainment or reasonable further progress of the other NAAQS, and the budgets meet the applicable transportation conformity requirements. The proposed approval is conditional because it is based on commitments to submit a SIP revision to reduce the safety margin allocations for the budgets within one year of final conditional approval.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the District of Columbia (the District). The District's SIP revision satisfies the volatile organic compound (VOC) reasonably available control technology (RACT) requirements under the 2008 8-hour ozone national ambient air quality standard (NAAQS). The District will address RACT for nitrogen oxides (NOX) in a separate SIP submission. The District's RACT submittal for the 2008 ozone NAAQS includes certification that for certain major sources, previously adopted VOC RACT controls in the District's SIP that were approved by EPA under the 1979 1-hour and 1997 8-hour ozone NAAQS are based on the currently available technically and economically feasible controls, and continue to represent RACT for implementation of the 2008 8-hour ozone NAAQS; a listing of the Control Techniques Guidelines (CTGs) already adopted into the District's SIP, and a listing of those categories of sources subject to CTGs which do not exist in the District and the location of prior negative declarations previously submitted and approved by EPA. The District's SIP submittal also includes an update to the 2002 Mobile Equipment Repair and Refinishing (MERR) rule to incorporate the Ozone Transport Commission's (OTC) 2009 Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations regulations (MVMERR) rule adopted by the District in 2016. EPA is addressing the 2009 MVMERR rule in a separate rulemaking action as it is not related to the 2008 VOC RACT SIP revision and does not impact EPA's proposed approval. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) of the Department of Natural Resources, in a letter dated July 31, 2018. EPA is proposing to approve changes to the Georgia's Nonattainment New Source Review (NNSR) permitting rule. This action is being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

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 05/01/ 2019 to 05/31/2019.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Delaware. This revision pertains to a negative declaration for the October 2016 Oil and Natural Gas Control Techniques Guidelines (CTG) (2016 Oil and Gas CTG). This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) proposes to approve Montana's regional haze progress report, submitted by the Montana Department of Environmental Quality (MDEQ) as a revision to its State Implementation Plan (SIP). Montana's SIP revision addresses requirements of the Clean Air Act (CAA) and the EPA's rules that require states to submit periodic reports describing progress toward Reasonable Progress Goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing plan addressing regional haze. Montana's progress report explains the measures that have been implemented in the regional haze plan due to be in place by the date of the progress report and that visibility in the majority mandatory federal Class I areas affected by emissions from Montana sources is improving, and that a revision of the plan is not needed at this time. The EPA is proposing approval of Montana's determination that the State's regional haze plan is adequate to meet RPGs for the first implementation period, which extended through 2018 and requires no substantive revision at this time.

Addressing childhood lead exposure is a priority for EPA. As part of EPA's efforts to reduce childhood lead exposure, EPA evaluated the current dust-lead hazard standards (DLHS) and the definition of lead-based paint (LBP). Based on this evaluation, this final rule revises the DLHS from 40 [micro]g/ft\2\ and 250 [micro]g/ft\2\ to 10 [micro]g/ft\2\ and 100 [micro]g/ft\2\ on floors and window sills, respectively. EPA is also finalizing its proposal to make no change to the definition of LBP because insufficient information exists to support such a change at this time.

The Environmental Protection Agency (EPA) is proposing approval of Missouri's request to remove the transportation conformity rule for the Kansas City area.

In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 2, of a proposed cost recovery settlement agreement pursuant to CERCLA between EPA and CWM Chemical Services, LLC; Edlin, Ltd; Edwin Siegel; New Jersey Department of Transportation; Roman Catholic Archdiocese of Newark; Tooley Enterprises; and Waste Management of New Jersey, Inc. (``Settling Parties'') regarding the PJP Landfill Superfund Site, Jersey City, New Jersey (``Site''). Pursuant to the proposed cost recovery settlement agreement, the Settling Parties will pay $143,088 to resolve the Settling Parties' civil liability under Section 107(a) of CERCLA for certain past response costs.

This regulation establishes an exemption from the requirement of a tolerance for residues of acetic acid ethenyl ester, polymer with ethene and ethenol; when used as an inert ingredient in a pesticide chemical formulation. Keller and Heckman LLP. on behalf of Kuraray American, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of acetic acid ethenyl ester, polymer with ethene and ethenol on food or feed commodities.

The Environmental Protection Agency (EPA) is proposing to approve part of a state implementation plan (SIP) revision submitted by the District of Columbia (the District) on August 29, 2018. The part of the August 29, 2018 SIP revision being proposed for approval is an update to the 2002 Mobile Equipment Repair and Refinishing (MERR) model rule to incorporate the Ozone Transport Commission's (OTC) 2009 Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations regulations (MVMERR) model rule, which was adopted by the District in 2016. The MVMERR rules establish volatile organic compounds (VOC) content limits for coating and cleaning solvents used in vehicle refinishing and standards for coating application, work practices, monitoring, and recordkeeping. The remaining part of the August 29, 2018 SIP revision addressed the District's VOC Reasonable Available Control Technology (RACT) requirements for the 2008 ozone national ambient air quality standards (NAAQS). EPA will address the VOC RACT portion of the SIP revision in a separate rulemaking action. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a state plan submitted by the State of Arizona. This state plan submittal pertains to the regulation of landfill gas and its components, including methane, from existing municipal solid waste (MSW) landfills. Arizona's state plan was submitted in response to the EPA's promulgation of Emissions Guidelines and Compliance Times for MSW landfills. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ), through a letter dated March 21, 2018, readopting and amending air quality rules related to transportation conformity requirements in the State of North Carolina. This action is being taken pursuant to section 110 of the Clean Air Act (CAA or Act).

The U.S. Environmental Protection Agency (EPA) is proposing amendments to the Standards of Performance for Stationary Compression Ignition Internal Combustion Engines. In the ``Rules and Regulations'' section of this Federal Register, we are publishing a direct final rule, without a prior proposed rule that revises the emission standards for particulate matter for new stationary compression ignition (CI) engines located in remote areas of Alaska. If we receive no adverse comment, we will not take further action on this proposed rule.

The Environmental Protection Agency (EPA) is providing notice of its decision to not revise the final rule establishing pretreatment standards for discharges of pollutants into publicly owned treatment works (POTWs) from onshore unconventional oil and gas (UOG) extraction facilities. In 2016, the EPA promulgated the final rule, Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category (the unconventional oil and gas or UOG rule), based on record information indicating that all facilities subject to the rule were meeting the zero discharge of pollutants requirement in the rule. After promulgation, the EPA received information indicating that certain facilities subject to the final rule were not meeting the rule's zero discharge of pollutants requirement. This notice provides new data and information, the EPA's analyses of that data and announces the Agency's decision to not revise the final UOG rule in response to the remand in Pennsylvania Grade Crude Oil Coalition v. EPA, No. 16- 4064 (3rd Cir., August 31, 2017), requiring the EPA to consider further information and take any appropriate action with regard to the final rule.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Missouri State Implementation Plan (SIP) received by EPA on December 11, 2018. The submission revises Missouri's regulation relating to measurement of emissions of air contaminants which allows the director to obtain air contaminant emission data upon request. This final action will amend the SIP to include revisions which are administrative in nature and do not impact the stringency of the SIP. Specifically, these revisions reformat the regulations and add definitions. Approval of these revisions will not impact air quality, ensures consistency between the State and Federally-approved rules, and ensures Federal enforceability of the State's rules.