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

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Spill Prevention, Control, and Countermeasure (SPCC) Plans'' (EPA ICR No. 0328.18, OMB Control No. 2050-0021) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, 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 May 31, 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.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed settlement agreement to resolve petitions for review filed by United States Steel Corporation (``U.S Steel'') with respect to U.S. Steel's Minntac taconite facility, involving several actions taken by EPA with regard to nitrogen oxide (NOX) emission limits for Minntac. On November 29, 2013, June 13, 2016, and February 1, 2018, U.S. Steel filed petitions in the United States Court of Appeals for the Eighth Circuit challenging EPA's 2013 Regional Haze (RH) Federal Implementation Plan (FIP) for Minnesota and Michigan; 2013 RH State Implementation Plan (SIP) partial disapprovals for Michigan and Minnesota; 2016 revised RH FIP for Michigan and Minnesota; and EPA's denial of U.S. Steel's petitions for reconsideration of the 2013 FIP, 2013 SIP partial disapprovals, and 2016 revised FIP. The Settlement Agreement would resolve U.S. Steel's challenges to these actions, with respect to Minntac. Under the proposed settlement agreement, the parties agree to take certain specified actions.

EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

The U.S. Environmental Protection Agency (EPA) invites nominations from a range of qualified candidates for consideration for appointment to its Children's Health Protection Advisory Committee (CHPAC). The EPA anticipates filling vacancies by January 1, 2020. The EPA may also use sources in addition to this Federal Register Notice to solicit nominees.

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 6 chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these 6 chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice, and EPA has conducted a review of the notice, made an appropriate determination on the notice under TSCA 5(a)(3), and has taken any risk management actions as are required as a result of that determination.

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ), on July 25, 2018, which revises the model year coverage for vehicles in the 22 counties subject to North Carolina's expanded inspection and maintenance (I/M) program. The SIP revision also includes a demonstration that the requested revision to the vehicle model year coverage will not interfere with attainment or maintenance of any national ambient air quality standards (NAAQS) or with any other applicable requirements of the Clean Air Act (CAA or Act). In addition, North Carolina's July 25, 2018, SIP revision updates the State's maintenance plan and associated motor vehicle emissions budgets (MVEBs) used in transportation conformity for the North Carolina portion of the Charlotte-Rock Hill, NC-SC 2008 8-hour ozone nonattainment area (hereafter also referred to as the ``Area'' or the ``Charlotte Area'') to reflect the change in vehicle model year coverage for the I/M program. EPA has determined that North Carolina's July 25, 2018, SIP revision will not interfere with and is consistent with the applicable provisions of the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is taking final action to approve State Implementation Plan (SIP) and Operating Permit Program revisions submitted by the State of South Dakota on October 23, 2015, related to South Dakota's Air Pollution Control Program. The October 23, 2015 submittal revises certain definitions in the Prevention of Significant Deterioration (PSD) permitting rules and general definition section related to greenhouse gases (GHGs). In this rulemaking, we are also taking final action on portions of the October 23, 2015 submittal, which were not acted on in our previous final rulemaking published on October 13, 2016. The effect of this rulemaking is to ensure that certain definitions in South Dakota's PSD rules are in compliance with the Federal PSD requirements. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is finalizing approval of a State Implementation Plan (SIP) revision submitted by the State of Colorado through the Colorado Department of Public Health and Environment (CDPHE) on May 2, 2016. Colorado's May 2, 2016 SIP revision (Progress Report) addresses requirements of the Clean Air Act (CAA or Act) and the EPA's rules that require each state to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing SIP addressing regional haze (regional haze plan). The EPA is finalizing approval of Colorado's determination that the State's regional haze plan is adequate to meet these RPGs for the first implementation period through 2018 and requires no substantive revision at this time.

The Environmental Protection Agency (EPA) is approving five State Implementation Plan (SIP) submissions from the State of Utah regarding certain interstate transport requirements of the Clean Air Act (CAA or ``Act''). These submissions respond to the EPA's promulgation of the 2010 nitrogen dioxide (NO2) national ambient air quality standards (NAAQS), the 2010 sulfur dioxide (SO2) NAAQS, and the 2012 fine particulate matter (PM2.5) NAAQS. The submissions address the requirement that each SIP contain adequate provisions prohibiting air emissions that will significantly contribute to nonattainment or interfere with maintenance of these NAAQS in any other state. The EPA is taking this action pursuant to section 110 of the Clean Air Act (CAA).

Notice is hereby given that a reissuance of an exemption to the Land Disposal Restrictions, under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, has been granted to TMDPS for three Class I hazardous waste injection wells located at their Deer Park, Texas facility. The company has adequately demonstrated to the satisfaction of the Environmental Protection Agency (EPA) by the petition reissuance application and supporting documentation that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. This final decision allows the underground injection by TMDPS of the specific restricted hazardous wastes identified in this exemption reissuance request, into Class I hazardous waste injection wells WDW-169, WDW-249 and WDW-422 until December 31, 2030, unless the EPA moves to terminate this exemption. Additional conditions included in this final decision may be reviewed by contacting the EPA Region 6 Ground Water/UIC Section. A public notice was issued June 19, 2019, and the public comment period closed on August 12, 2019, and no comments were received. This decision constitutes final Agency action and there is no Administrative appeal.

The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions and two redesignation requests provided by the State of Florida, through the Florida Department of Environmental Protection (FDEP), related to the 2010 1- hour sulfur dioxide (SO2) national ambient air quality standard (NAAQS or standard). Specifically, EPA is proposing to approve a December 1, 2017, SIP revision (as supplemented through a February 15, 2019 draft SIP revision discussed below) that includes SO2 multi-unit permit limits and associated compliance and monitoring parameters for Mosaic Fertilizer LLC's New Wales facility (Mosaic New Wales) and Bartow facility (Mosaic Bartow), both located in Polk County, Florida. The December 1, 2017, SIP revision also includes a modeling analysis to demonstrate that the Hillsborough-Polk SO2 nonattainment area (hereinafter referred to as the ``Hillsborough-Polk Area'') attains the SO2 NAAQS with these permit limits. EPA is also proposing to approve, through parallel processing, a draft February 15, 2019, request to redesignate the Hillsborough-Polk Area to attainment for the 1-hour SO2 NAAQS and associated SIP revision containing the State's plan for maintaining attainment of the standard in the Area. As mentioned above, a draft February 15, 2019, SIP revision also revises the modeling analysis in the 2017 SIP revision. Additionally, the draft February 15, 2019, SIP revisions contain a base-year emissions inventory for the Area and certify that the Area meets nonattainment new source review (NNSR) requirements. EPA is proposing to approve the draft February 15, 2019, SIP revisions through parallel processing. In addition, EPA is proposing to approve, through parallel processing, a draft February 15, 2019, request to redesignate the Mulberry Unclassifiable Area (hereinafter referred to as the ``Mulberry Area'') to attainment/ unclassifiable for the 2010 1-hour SO2 NAAQS.

This regulation establishes tolerances for residues of abamectin in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project No. 4 (IR-4) and Syngenta Crop Protection, LLC 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 C10-C16 branched and linear alkylbenzene sulfonates, including benzenesulfonic acid, dodecyl (CAS Reg, No. 27176-87-0) and benzenesulfonic acid, dodecyl-, sodium salt (CAS Reg. No. 25155-30-0), when used as an active or inert ingredient in antimicrobial pesticide formulations applied to food- contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils at a maximum concentration not to exceed 700 parts per million (ppm). Exponent, Inc., on behalf of Ecolab, Inc., 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.

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) and particulate matter (PM) from brick and structural clay products manufacturing, rubber sports ball manufacturing, and vegetable oil extraction processes. We are proposing approval of the rescission of local rules that 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.

The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Cellulose Products Manufacturing to address the results of the residual risk and technology review (RTR) that the EPA is required to conduct under the Clean Air Act (CAA). The EPA is proposing to amend provisions addressing periods of startup, shutdown, and malfunction (SSM); to add provisions regarding periodic emissions testing and electronic reporting; to provide more flexibility for monitoring requirements; and to make technical and editorial changes. While the proposed amendments would not result in reductions in emissions of hazardous air pollutants (HAP), this action, if finalized, would result in improved monitoring, compliance, and implementation of the rule.

The Environmental Protection Agency (EPA) is proposing to amend the national marine diesel engine program to provide relief provisions to address concerns associated with finding and installing certified Tier 4 marine diesel engines in certain high-speed commercial vessels. The proposed relief is in the form of additional lead time for qualifying engines and vessels. EPA is also making a technical correction to the diesel fuel regulations to allow fuel manufacturers and distributors to make distillate diesel fuel that complies with the global sulfur standard that applies internationally instead of the fuel standards that otherwise apply to distillate diesel fuel in the United States.

The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) submissions from Iowa Department of Natural Resources (IDNR) and Nebraska Department of Environmental Quality (NDEQ) for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard (NAAQS). The Clean Air Act (CAA) requires that each state adopt and submit a SIP that provides for the implementation, maintenance, and enforcement of each NAAQS promulgated by the EPA, commonly referred to as ``infrastructure'' SIPs. In this action the EPA is taking final action to approve the interstate transportation obligations of the State's 2012 PM2.5 NAAQS infrastructure SIP submittals.

The Environmental Protection Agency (EPA) Region 3 announces the deletion of the Strasburg Landfill Superfund Site (Site) located south and slightly east of Strasburg Road in Newlin Township, Chester County, Pennsylvania 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). The EPA and the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environment (PADEP, Southeast Region), have determined that all appropriate response actions under CERCLA, other than operation and maintenance (O&M), monitoring, and Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is given of a proposed consent decree in Center for Biological Diversity, et al., v. Wheeler, No. 4:18-cv-03544 (N.D. Cal.). On June 4, 2018, the Center for Biological Diversity, Center for Environmental Health, and Sierra Club filed a complaint in the United States District Court for the Northern District of California, and filed an amended complaint on December 17, 2018, alleging that the Administrator of the United States Environmental Protection Agency (``EPA'') failed to perform non-discretionary duties to take final action to approve or disapprove, in whole or in part, certain state implementation plans (``SIPs'') submitted to meet attainment requirements under the 2010 primary sulfur dioxide (``SO2'') national ambient air quality standard (``NAAQS''), and to make findings of failure to submit SIPs for certain areas for the 1971 or 2010 primary SO2 NAAQS. The proposed consent decree would establish deadlines for EPA to take specified actions.

The Environmental Protection Agency's (EPA) Environmental Financial Advisory Board (EFAB) will hold a public meeting on October 16-18, 2019 in the Kansas City, Missouri metropolitan area. The EFAB is an EPA advisory committee chartered under the Federal Advisory Committee Act to provide advice and recommendations to EPA on creative approaches to funding environmental programs, projects, and activities. The purpose of this meeting is to discuss recommendations from EFAB work products; to discuss changes to the EFAB's process of selecting new topics and developing recommendations; and to discuss stormwater funding and financing. The meeting is open to the public; however, seating is limited. All members of the public who wish to attend the meeting must register in advance, no later than Monday, September 30, 2019 at https://epaefaboctober2019.eventbrite.com.

EPA issued a cancellation order in the Federal Register of August 14, 2019, concerning the cancellations voluntarily requested by the registrants and accepted by the Agency. This notice is being issued to correct the cancellation order in Table 1, of Unit II., to remove three entries that the registrant inadvertently requested be cancelled.

The Environmental Protection Agency (EPA) is requesting comment on the proposed list of candidate peer reviewers for the independent, contractor-managed, external peer review of the draft document titled ``Potential Approaches for Characterizing the Estimated Benefits of Reducing PM2.5 at Low Concentrations.'' This notice provides the names and professional affiliations of the proposed peer reviewers. The public is requested to provide relevant information or documentation on the candidates who are being evaluated by the external peer review contractor, ICF. ICF will consider the public comments on the proposed list of peer reviewers and will select the final peer reviewers who, collectively, best provide expertise spanning the multiple subject matter areas covered by the draft document and, to the extent feasible, best provide a balance of perspectives according to EPA peer review guidance. This notice also provides the public peer review meeting date as well as EPA's website that will provide details about the meeting location and how to register to attend the meeting either in person or remotely.

The Environmental Protection Agency (EPA) is taking direct final action to approve state implementation plan (SIP) revisions submitted by the State of Idaho's Department of Environmental Quality on June 5, 2019. The revisions implement changes to the timing of when fees for open burning of crop residue are paid. The changes provide Idaho Department of Environmental Quality a more streamlined administrative process and were based on recommendation from Idaho's Crop Residue Advisory Committee.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Delaware. This revision pertains to amendments made to the definition of volatile organic compounds (VOC) in the Delaware Administrative Code to conform with EPA's regulatory definition of VOC. EPA found that certain compounds have a negligible photochemical reactivity and, therefore, has exempted them from the regulatory definition of VOC in several rulemaking actions. This revision to the Delaware SIP requests the exemption of eight compounds from the regulatory definition of VOC to match the actions EPA has taken. In addition, the revision also requests to remove the recordkeeping, reporting, modeling, and inventory requirements for t-butyl acetate (TBAC). This action is being taken under the Clean Air Act (CAA).