Environmental Protection Agency 2019 – Federal Register Recent Federal Regulation Documents

EPA is announcing the availability of and soliciting public comment on an interim process it developed to address risk estimate uncertainties associated with U.S. patent assertions of greater than additive effects (GTA effects) in mixtures of pesticide active ingredients for controlling pests (often referred to as ``synergy''). EPA developed a process to document, review and, if necessary, revise ecological risk estimates; and invites public comment on this process to obtain and analyze GTA effects data identified in patent assertions.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision provided by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) of the Department of Natural Resources, via a letter dated July 2, 2018. Specifically, EPA is proposing to approve changes to Georgia's Nonattainment New Source Review (NNSR) permitting rules. This action is being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

Notice is hereby given that the State of Mississippi is revising its approved Public Water System Supervision Program. Mississippi has adopted drinking water regulations for the Revised Total Coliform Rule. The Environmental Protection Agency (EPA) has determined that Mississippi's regulations are no less stringent than the federal rule and the revision otherwise meets applicable Safe Drinking Water Act requirements. Therefore, EPA intends to approve this revision to the State of Mississippi's Public Water System Supervision Program.

The Environmental Protection Agency (EPA) is taking action under the Clean Air Act (CAA) on Indiana's November 27, 2017 State Implementation Plan (SIP) submittal addressing regional haze. This action is based on EPA's previous determination that a state's implementation of the Cross-State Air Pollution Rule (CSAPR) program continues to meet the criteria of the Regional Haze Rule (RHR) to qualify as an alternative to the application of Best Available Retrofit Technology (BART). EPA is taking several related actions. First, EPA is approving the portion of Indiana's November 27, 2017 SIP submittal seeking to change reliance from the Clean Air Interstate Rule (CAIR) to CSAPR for certain regional haze requirements. EPA is also converting EPA's limited approval/limited disapproval of Indiana's regional haze SIP to a full approval and withdrawing the Federal Implementation Plan (FIP) provisions that address the limited disapproval. Finally, EPA is approving the visibility prong (``prong 4'') of Indiana's infrastructure SIP submittals for the 2006 24-hour and 2012 annual fine particulate matter (PM2.5), 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS) and converting EPA's disapproval of the visibility portion of Indiana's infrastructure SIP submittal for the 2008 ozone NAAQS to an approval.

The Environmental Protection Agency (EPA) is taking final action to approve a Missouri State Implementation Plan (SIP) revision submission received on February 15, 2019. The submission revises a Missouri SIP approved regulation that establishes alternate monitoring methods for certifying compliance and alternate methods to establish whether a violation has occurred at a source. These revisions are administrative in nature and do not impact the stringency of the SIP or air quality. Approval of these revisions will ensure consistency between state and federally-approved rules. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).

The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Plywood and Composite Wood Products (PCWP) 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); add provisions regarding electronic reporting; add repeat emissions testing requirements; and make technical and editorial changes. The EPA is proposing these amendments to improve the effectiveness of the NESHAP. 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.

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 07/01/ 2019 to 07/31/2019.

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 Air Products and Chemicals, Inc.; Alco Industries Inc.; Bayer CropScience, Inc.; Colonial Heights Packaging Inc.; Continental Holdings Inc.; Croda Inks Corp.; Forenco, Inc.; Henkel US Operations Corporation, for itself and on behalf of Amchem Products, Inc,; LANXESS Sybron Chemicals, Inc.; Reynolds Metals Company, LLC; The Hillshire Brands Company; Sonoco Products Company; Stepan Company; Union Carbide Corporation; and USG Corporation (``Settling Parties'') regarding the Lightman Drum Company Superfund Site, Winslow Township, Camden County, New Jersey (``Site''). Pursuant to the proposed cost recovery settlement agreement, the Settling Parties will pay $13,526.88 to resolve the Settling Parties' civil liability under Section 107(a) of CERCLA for past response costs and will pay future response costs for the Site.

An Environmental Modeling Public Meeting (EMPM) will be held on Wednesday October 16, 2019. This Notice announces the location and time for the meeting and provides tentative agenda topics. The EMPM provides a public forum for EPA and its stakeholders to discuss current issues related to modeling pesticide fate, transport, exposure, and ecotoxicity for pesticide risk assessments in a regulatory context.

The U.S. Environmental Protection Agency (EPA) is proposing the results of a residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants for Miscellaneous Coating Manufacturing (MCM NESHAP) facilities, as required by the Clean Air Act (CAA). The EPA is proposing to find risks due to emissions of air toxics to be acceptable from the MCM source category and to determine that the current NESHAP provides an ample margin of safety to protect public health. The EPA identified no new cost-effective controls under the technology review to achieve further emissions reductions from process units subject to standards under the NESHAP. The EPA is also proposing revisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including clarifying regulatory provisions for certain vent control bypasses; provisions for electronic reporting of performance test results, performance evaluation reports, compliance reports, and Notification of Compliance Status (NOCS) reports; and provisions to conduct periodic performance testing of oxidizers used to reduce emissions of organic hazardous air pollutants (HAP).

EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. 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 Environmental Protection Agency (EPA) proposes to approve state implementation plan (SIP) revisions submitted by the State of Idaho's Department of Environmental Quality on June 5, 2019. 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. Specifically, the revisions proposed for approval in this action implement changes to when fees for open burning of crop residue are paid. We note that this action does not address the other revisions contained in Idaho's June 5, 2019 submission. The remaining portions of that submittal will be addressed in separate, future actions.

The Environmental Protection Agency (EPA or the Agency) is not establishing at this time new requirements for hazardous substances under Clean Water Act (CWA) section 311. This section directs the President to establish procedures, methods, and equipment and other requirements for equipment to prevent discharges of oil and hazardous substances from vessels and from onshore facilities and offshore facilities, and to contain such discharges. The EPA has been delegated and/or redelegated authority for certain facilities as identified below. On July 21, 2015, a lawsuit was filed against the EPA for failing to comply with the alleged duty to issue regulations to prevent and contain CWA hazardous substance discharges under CWA section 311. On February 16, 2016, the United States District Court for the Southern District of New York entered a Consent Decree between the EPA and the litigants that required a notice of proposed rulemaking pertaining to the issuance of hazardous substance regulations, and a final action after notice and comment. After seeking public comment and based on an analysis of the frequency and impacts of reported CWA Hazardous Substances discharges, as well as the existing framework of EPA regulatory requirements, the Agency is not establishing at this time new discharge prevention and containment regulatory requirements under CWA section 311.

The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Site Remediation source category. This proposal presents the results of the residual risk and technology review (RTR) conducted as required under the Clean Air Act (CAA). Based on the results of the residual risk review, the EPA is proposing that risks due to emissions of air toxics are acceptable and that no revision to the standards is required to provide an ample margin of safety to protect public health. Based on the technology review, we are proposing to amend the requirements for leak detection and repair (LDAR). In addition, the EPA is proposing amendments to revise regulatory provisions pertaining to emissions during periods of startup, shutdown and malfunction (SSM), including adding requirements for pressure relief devices; to add requirements for electronic submittal of semiannual reports and performance test results; to clarify provisions pertaining to open-ended valves and lines; and to make minor clarifications and corrections. The proposed revisions to the rule would increase the level of emissions control and environmental protection provided by the Site Remediation NESHAP. We are also requesting additional comment related to subcategorization of sources relating to certain exemption provisions of the original rule that were proposed for removal in 2016.

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 Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Emission Guidelines for Existing Commercial and Industrial Solid Waste Incineration Units (EPA ICR Number 1927.08, OMB Control Number 2060-0451), 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) is submitting an information collection request (ICR), Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under section 112(r) of the Clean Air Act (EPA ICR Number 1656.16, OMB Control Number 2050-0144) 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. 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) has submitted an information collection request (ICR), EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response (EPA ICR Number 1426.12, OMB Control Number 2050-0105) 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 November 27, 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) has submitted an information collection request (ICR), Responsible Appliance Disposal Program (EPA ICR Number 2254.03, OMB Control Number 2060-0703) 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 February 8, 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 United States Environmental Protection Agency (EPA) Region 10 Regional Administrator is providing notice of the EPA's decision to withdraw the Proposed Determination to restrict the use of certain waters in the South Fork Koktuli River, North Fork Koktuli River, and Upper Talarik Creek watersheds in southwest Alaska as disposal sites for dredged or fill material associated with mining the Pebble deposit.

The U.S. Environmental Protection Agency (EPA) is taking direct final action 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.

The Environmental Protection Agency (EPA) is approving revisions to the Alaska State Implementation Plan (SIP) submitted on October 25, 2018. The revisions adopt changes to federal emissions factors and modeling guidelines, update pre-construction permitting of stationary sources, and fix typographical and grammatical errors. The EPA is also approving the submitted revisions as meeting major source pre-construction permitting requirements for the Fairbanks North Star Borough fine particulate matter nonattainment area. On the effective date of this rule, the Alaska SIP will include provisions for electronic permit applications, online notice of draft permits, revised modeling guidelines, and updated fine particulate matter requirements in nonattainment areas.

This regulation establishes tolerances for residues of buprofezin 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).

The Environmental Protection Agency (EPA) is giving notice of a proposed administrative settlement for recovery of past response costs concerning the Alreco Metals Superfund Site in Benton Harbor, Michigan with the following settling parties: Louis Padnos Iron & Metal Company; Toyota Motor Engineering & Manufacturing North America, Inc.; and Service Aluminum Corporation. The EPA invites written public comments on the Settlement for thirty (30) days following publication of this notice. The settlement requires the settling parties to pay $585,570.40 to the Hazardous Substance Superfund.