Environmental Protection Agency 2019 – Federal Register Recent Federal Regulation Documents

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).

On or about August 26, 2019, the Environmental Protection Agency (EPA) will make available the final document, Integrated Review Plan for the Ozone National Ambient Air Quality Standards (IRP). This document contains plans for the current review of the air quality criteria and national ambient air quality standards (NAAQS) for photochemical oxidants including ozone (O3). The primary and secondary O3 NAAQS are set to protect the public health and the public welfare from O3 and other photochemical oxidants in ambient air.

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) and Operating Permits Program revision submitted by the State of Missouri on January 15, 2019. The revisions add definitions, remove language referring to outdated emission fees, and update incorporations by reference in the rule. The revision is administrative in nature and does not have an adverse effect on air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).

This regulation establishes an exemption from the requirement of a tolerance for residues of lipochitooliosaccharide (LCO) MOR116 in or on all food commodities when used in accordance with label directions and good agricultural practices. Monsanto Company (now known as Bayer Crop Science LP), 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 LCO MOR116 under FFDCA.

The Environmental Protection Agency (EPA) is proposing to approve two state implementation plan (SIP) revisions submitted by the State of California addressing the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) and one SIP revision regarding a permit rule. These SIP revisions address the Antelope Valley Air Quality Management District (AVAQMD or District) and Ventura County Air Pollution Control District (VCAPCD or District) portions of the California SIP. This action is being taken pursuant to the Clean Air Act (CAA or ``Act'') and its implementing regulations.

This regulation establishes exemptions from the requirement of a tolerance for residues of pesticide inert ingredients within the C1-C4 linear and branched chain alkyl d-glucitol dianhydro alkyl ethers (AD-GDAE) cluster. These exemptions are being established with the following terms: When used as an inert ingredient (solvent, co-solvent, viscosity modifier and adjuvant) in pesticide formulations applied to growing crops and raw agricultural commodities after harvest, on animals, and in antimicrobial formulations applied to food-contact surfaces in public-eating places, dairy-processing equipment, and food-processing equipment, and utensils, and in antimicrobial formulations used for dairy processing equipment, and food-processing equipment and utensils. Exponent, Inc., on behalf of Croda, 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. This regulation eliminates the need to establish a maximum permissible level for residues of C1- C4 linear and branched chain alkyl d-glucitol dianhydro alkyl ethers cluster when used in accordance with the terms of these exemptions.

The Environmental Protection Agency (EPA) is finalizing a determination that the New Jersey portion of the Northeast Pennsylvania-Upper Delaware Valley Interstate Air Quality Control Region (Warren County) Sulfur Dioxide (SO2) Nonattainment Area has attained the 1971 SO2 primary and secondary National Ambient Air Quality Standards (NAAQS). This action does not constitute a redesignation to attainment. The Warren County Nonattainment Area will remain nonattainment for the 1971 primary and secondary NAAQS until the EPA determines that the Area meets the Clean Air Act (CAA) requirements for redesignation to attainment, including an approved maintenance plan. This action is being taken under the CAA.

EPA is publishing this final rule to amend the formaldehyde standards for composite wood products regulation. EPA is publishing these amendments to address certain technical issues and to further align the final rule requirements with the California Air Resources Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II program. Addressing these technical issues will add clarity for regulated entities. These revisions to the existing rule will also streamline compliance programs and help to ensure continued smooth transitions for supply chains to comply with the requirements associated with regulated composite wood products.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Reformulated Gasoline and Conventional Gasoline: Requirements for Refiners, Oxygenate Blenders, and Importers of Gasoline; Requirements for Parties in the Gasoline Distribution Network'' (EPA ICR No. 1591.27, OMB Control No. 2060-0277) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). 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 5/ 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.

EPA is announcing the availability of and soliciting public comment on a manufacturer request for a risk evaluation of di-isodecyl phthalate (DIDP) under the Toxic Substances Control Act (TSCA). The request was made by ExxonMobil Chemical Company through the American Chemistry Council's High Phthalates Council. EPA conducts risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment without consideration of costs or other non-risk factors, including an unreasonable risk to potentially exposed or susceptible subpopulations, under the conditions of use. In the docket associated with this request is the manufacturer request for an EPA conducted risk evaluation and possible additional conditions of use EPA has identified for inclusion within the scope of a risk evaluation of DIDP. After considering comments received in response to this solicitation, EPA will make a decision whether to grant or deny the manufacturer request. All TSCA risk evaluations, whether EPA-initiated or manufacturer-requested, will be conducted in the same manner.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to New Mexico's State Implementation Plan (SIP) that incorporate updates to the New Mexico statutes. EPA is also correcting its previous approval of some statute provisions as approval of these provisions into the SIP was in error.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to New Mexico's State Implementation Plan (SIP) that incorporate updates to the New Mexico statutes. EPA is also correcting its previous approval of some statute provisions to provide clarification of the approval action taken.

Pursuant to 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 Ohio. On April 12, 2019, the state submitted the 1997 8-hour ozone national ambient air quality standards (NAAQS or standard) Limited Maintenance Plan (LMP) for the Canton-Massillon (Stark County), Lima (Allen County), and Toledo (Lucas and Wood Counties) areas and the Ohio portion of the Parkersburg- Marietta [OH-WV] (Washington County), Steubenville-Weirton [OH-WV] (Jefferson County), Wheeling [OH-WV] (Belmont County), and Youngstown- Warren-Sharon [OH-PA] (Columbiana, Mahoning, and Trumbull Counties) multi-state areas. EPA is proposing to approve these Ohio LMPs because they provide for the maintenance of the 1997 8-hour ozone NAAQS through the end of the second 10-year portion of the maintenance period. The effect of this action would be to make certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in these areas federally enforceable as part of the Ohio SIP.