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

This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Miscellaneous Coating Manufacturing (EPA ICR Number 2115.07, OMB Control Number 2060-0535), 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 November 30, 2019. Public comments were previously requested, via the Federal Register, on May 6, 2019 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Stationary Combustion Turbines (EPA ICR Number 1967.08, OMB Control Number 2060-0540), 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 November 30, 2019. Public comments were previously requested, via the Federal Register, on May 6, 2019 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Solid Waste Disposal Facilities and Practices (Renewal) (EPA ICR Number 1381.12, OMB Control Number 2050-0122) 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 August 31, 2019. Public comments were previously requested via the Federal Register on March 14, 2019 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures (EPA ICR Number 1360.17 and OMB Control Number 2050-0068) 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 August 31, 2019. Public comments were previously requested via the Federal Register on July 26, 2018 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The U.S. Environmental Protection Agency (EPA) has submitted an information collection request (ICR) for Disinfectants/Disinfection Byproducts, Chemical, and Radionuclides Rules (EPA ICR No. 1896.11, OMB Control No. 2040-0204) 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 August 31, 2019. Public comments were previously requested via the Federal Register on September 11, 2018, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) Region 1 announces the deletion of the U.S. Coast Guard (USCG) Buoy Depot of the South Weymouth Naval Air Station (NAS) Superfund Site (Site) located in Weymouth, MA, from the National Priorities List (NPL). 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). This partial deletion pertains to the soil and groundwater at the USCG Buoy Depot (Operable Unit #10). The remaining operable units at South Weymouth NAS will remain on the NPL and are not considered for deletion as part of this action. The EPA and the Commonwealth of Massachusetts, through the Massachusetts Department of Environmental Protection (MassDEP), have determined that all appropriate response actions under CERCLA have been completed. However, the deletion of this parcel does not preclude future actions under Superfund.

The U.S. Environmental Protection Agency is proposing to amend the Approval and Promulgation of State Plans for Designated Facilities and Pollutants, General Provisions to clarify the process by which state plans for the control of pollutants and facilities are incorporated by reference into this part. This action is intended to update and modify the outdated General Provisions that note that state plans are incorporated by reference and that describe the availability of state plans. Concurrently, EPA is also taking direct final action on these amendments. If we receive no significant adverse comment, we will not take further action on this proposed rule.

The Environmental Protection Agency (EPA) is taking final action to delete various local rules from the California State Implementation Plan (SIP) that were approved in error. These rules include general nuisance provisions, federal New Source Performance Standards or National Emission Standards for Hazardous Air Pollutant requirements, hearing board procedures, variance provisions, and local fee provisions. The EPA has determined that the continued presence of these rules in the SIP is potentially confusing and thus problematic for affected sources, the state, local agencies, and the EPA. The intended effect is to delete these rules to make the SIP consistent with the Clean Air Act. The EPA is also taking final action to make certain other corrections to address errors made in previous actions taken by the EPA on California SIP revisions.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California state implementation plan (SIP). These revisions concern emissions of particulate matter (PM) from open areas and wood burning appliances and update certain definitions relevant to stationary source permitting. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Guidance for Applicants Requesting to Treat/Dispose of PCBs Using Incineration or an Alternative Method (EPA ICR Number 2596.01, OMB Control Number 2070- NEW), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a request of a new collection. Public comments were previously requested via the Federal Register on April 16, 2019 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

On May 22, 2019, the U.S. Environmental Protection Agency (``EPA'') published an entry in the Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions announcing that EPA will review the rulemaking ``Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program'' pursuant to section 610 of the Regulatory Flexibility Act. The purpose of this review is to determine if the provisions that could affect small entities should be continued without change, should be rescinded, or amended to minimize adverse economic impacts on small entities. The entry invited public comment on this proposal via the established docket on Regulations.gov by August 22, 201990 days after publication of the Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. On August 15, 2019, EPA received a request from the Small Refiners Coalition to extend the comment period by 30 days to allow its members to provide thorough comments and data. On August 16, 2019, EPA received a similar request from the Small Retailers Coalition. EPA is extending the deadline for written comments an additional 30 days to September 23, 2019.

The Environmental Protection Agency (EPA) recently granted a request by the State of California to voluntarily reclassify the Coachella Valley nonattainment area from ``Severe-15'' to ``Extreme'' for the 1997 8-hour ozone national ambient air quality standards (NAAQS) under section 182(b)(3) of the Clean Air Act (CAA). In this action, the EPA is proposing a schedule for the State to submit an Extreme ozone nonattainment area plan and revised title V and new source review (NSR) rules. The EPA is proposing deadlines for submittal of those state implementation plan (SIP) revisions and for implementation of the related control requirements. Under the EPA's proposed schedule, California would be required to submit these elements no later than July 10, 2020 (12 months from the effective date of the area's reclassification). We are also clarifying some language related to tribal areas that was included in our reclassification rule.

This regulation establishes tolerances for residues of nitrapyrin in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project No. 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes an exemption from the requirement of a tolerance for residues of oxirane, 2-methyl-, polymer with oxirane, monoundecyl ether, branched and linear (CAS Reg. No. 2222805- 23-2) when used as an inert ingredient in a pesticide chemical formulation. Exponent, Inc. on behalf of Clariant Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an amendment to an existing requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of oxirane, 2-methyl-, polymer with oxirane, monoundecyl ether, branched and linear.

The Environmental Protection Agency (EPA) is taking final action 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), including the emissions inventories, maintenance demonstration, and motor vehicle emissions budgets. The EPA is conditionally approving the SIP revision because the SIP it continues to provide for maintenance of the 1997 ozone NAAQS; upon fulfillment of certain commitments, it will not interfere with attainment or reasonable further progress of the other NAAQS; and the budgets meet the applicable transportation conformity requirements. The approval is conditional because it is based on commitments to submit an additional SIP revision to reduce the safety margin allocations for the budgets within one year of this final conditional approval.

The U.S. Environmental Protection Agency is planning to submit an information collection request (ICR), ``Compliance Assurance Monitoring Program (Renewal)'' (EPA ICR No. 1663.10, OMB Control No. 2060-0376) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through June 30, 2020. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

This action corrects codification errors in the Michigan State Implementation Plan (SIP) for changes to the Permit to Install requirements of Part 2 and the Emission Limitations and Prohibitions found in the Part 9 rules of the Michigan Administrative Code. This action also corrects a codification error in the Ohio SIP for changes to the Ohio air permitting rules at Ohio Administrative Code (OAC) 3745-31.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Imperial County Air Pollution Control District (ICAPCD or District) portion of the California State Implementation Plan (SIP). This revision concerns the District's New Source Review (NSR) permitting program for new and modified sources of air pollution. We are approving a local rule under the Clean Air Act (CAA or the Act).

Pursuant to the provisions of the Federal Advisory Committee Act, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held September 5 and 6, 2019 at Milken Institute School of Public Health, located at 950 New Hampshire Ave NW, Washington, DC 20052. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days' notice. The CHPAC advises the Environmental Protection Agency (EPA) on science, regulations and other issues relating to children's environmental health.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to the Arkansas State Implementation Plan (SIP) Permitting Programs submitted on October 24, 2002, July 26, 2010, November 6, 2012, and March 24, 2017. Most of the revisions are administrative in nature and make the SIP current with Federal rules. In addition, the revisions add permit flexibility provisions to the NSR program. This final action is consistent with the requirements of section 110 of the CAA.

In accordance with the EPA Administrator's October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed stipulated partial settlement agreement in the United States District Court for the Northern District of California in the case of Center for Biological Diversity et. al., v. United States Environmental Protection Agency et al., No. 3:11 cv 0293 (N.D.Ca.). Plaintiffs filed the original case on January 20, 2011, asserting a single claim against EPA for allegedly violating section 7(a)(2) of the Endangered Species Act (ESA) by failing to initiate and reinitiate consultation with the Services with respect to its ongoing oversight of 382 pesticide active ingredients. After several motions to narrow the case and an appeal to the Ninth Circuit Court of Appeals, the plaintiffs filed their fourth amended complaint on June 29, 2018 for failure to initiate ESA section 7(a)(2) consultation for certain pesticide products containing 35 pesticide active ingredients. After several settlement discussions, the parties reached a partial agreement in this case. The parties are proposing to reach a settlement in the form of a stipulated partial settlement agreement. Among other provisions, this agreement would set a February 14, 2021, deadline for EPA to complete ESA section 7(a)(2) effects determination for carbaryl and methomyl, and, as appropriate, request initiation of any ESA section 7(a)(2) consultations with the National Marine Fisheries Service (NMFS) and/or the United States Fish and Wildlife Service (USFWS) that EPA may determine to be necessary as a result of those effects determinations. Additional deadlines would include August 14, 2021, for atrazine and simazine, and August 14, 2024, for brodifacoum, bromadiolone, warfarin, and zinc phosphide for EPA to complete effects determinations, and, as appropriate, request initiation of any ESA consultations with NMFS and/or USFWS. The stipulated partial settlement agreement would also include a meet and confer deadline of August 30, 2021, for all parties to discuss possible resolution of the remaining issues in this case.

The Environmental Protection Agency (EPA) is taking final action for 11 ozone nonattainment areas that are classified as ``Moderate'' for the 2008 ozone national ambient air quality standards (NAAQS). First, the agency is determining that two Moderate areas Baltimore, Maryland, and Mariposa County, Californiaattained the standards by the July 20, 2018, applicable attainment date. Second, the agency is granting a 1-year attainment date extension for the two Moderate areas in Sheboygan County, WisconsinInland Sheboygan County, Wisconsin, and Shoreline Sheboygan County, Wisconsin. Third, the agency is determining that seven Moderate areas failed to attain the standards by the applicable attainment dateChicago-Naperville, Illinois- Indiana-Wisconsin; Dallas-Fort Worth, Texas; Greater Connecticut, Connecticut; Houston-Galveston-Brazoria, Texas; Nevada County (Western part), California; New York-North New Jersey-Long Island, New York-New Jersey-Connecticut; and San Diego County, California. The effect of failing to attain by the applicable attainment date is that these areas will be reclassified by operation of law to ``Serious'' nonattainment for the 2008 ozone NAAQS on September 23, 2019, the effective date of this final rule. Accordingly, the responsible state air agencies must submit State Implementation Plan (SIP) revisions and implement controls to satisfy the statutory and regulatory requirements for Serious areas for the 2008 ozone NAAQS according to the deadlines established in this final rule.

The Environmental Protection Agency (EPA) is proposing to approve Iowa's request on four actions regarding the Iowa State Implementation Plan (SIP). The four SIP actions relate to Iowa's Regional Haze Plan and infrastructure SIPs for the 2006 Fine Particulate Matter (PM2.5), 2012 PM2.5, 2010 Nitrogen Dioxide (NO2), 2010 Sulfur Dioxide (SO2), 2008 Ozone, and 2015 Ozone National Ambient Air Quality Standards (NAAQS).