Environmental Protection Agency 2019 – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974; System of Records
The U.S. Environmental Protection Agency's (EPA) Office of the Administrator is giving notice that it proposes to create a new system of records pursuant to the provisions of the Privacy Act of 1974. iComplaints EEO Case Management System (ICOM) is being created to support the Agency's Employment Complaints Resolution program as required by the Equal Employment Opportunity Commission (EEOC) and in compliance with the requirements of the Code of Federal Regulations.
Renewable Fuel Standard Program: Standards for 2020 and Biomass-Based Diesel Volume for 2021, Response to the Remand of the 2016 Standards, and Other Changes
The EPA is announcing a public hearing to be held in Ypsilanti, MI on July 31, 2019 for the proposed rule ``Renewable Fuel Standard Program: Standards for 2020 and Biomass-Based Diesel Volume for 2021, Response to the Remand of the 2016 Standards, and Other Changes.'' This proposed rule will be published separately in the Federal Register. The pre-publication version of this proposal can be found at https://www.epa.gov/renewable-fuel-standard-program/ regulations-and-volume-standards-under-renewable-fuel-standar d. In the separate notice of proposed rulemaking, EPA has proposed amendments to the renewable fuel standard program regulations that would establish annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels that would apply to all gasoline and diesel produced in the U.S. or imported in the year 2020. In addition, the separate proposal includes a proposed biomass-based diesel applicable volume for 2020, a response to the remand of the 2016 standard-setting rulemaking, and several regulatory changes to the Renewable Fuel Standard (RFS) program including new pathways, flexibilities for regulated parties, and clarifications of existing regulations.
Designation of Areas for Air Quality Planning Purposes; Montana; Redesignation Request and Associated Maintenance Plan for East Helena SO2
On October 26, 2018, the Montana Department of Environmental Quality (MDEQ) submitted a request to the EPA for redesignation of the East Helena, Montana 1971 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS) nonattainment area (NAA) to attainment, and to approve a State Implementation Plan (SIP) revision for a maintenance plan of the East Helena area. After review and analysis of Montana's submittal, the EPA is proposing to redesignate the East Helena, Montana SO2 nonattainment area to attainment for the 1971 primary 24-hour and annual, and secondary 3- hour SO2 NAAQS, and to approve Montana's SIP revision for continued maintenance and attainment of the 1971 primary 24-hour and annual, and secondary 3-hour SO2 NAAQS in East Helena, Montana.
Approval and Promulgation of Implementation Plans; Colorado; Regional Haze 5-Year Progress Report State Implementation Plan
The Environmental Protection Agency (EPA) proposes to approve Colorado's regional haze progress report, submitted as a revision to its State Implementation Plan (SIP) by the Colorado Department of Public Health and Environment (CDPHE). Colorado'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. Colorado's progress report explains that Colorado has implemented the measures in the regional haze plan due to be in place by the date of the progress report and that visibility in mandatory federal Class I areas affected by emissions from Colorado sources is improving. The EPA is proposing approval of Colorado'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.
Approval and Promulgation of Air Quality Implementation Plans; State of Montana; East Helena Lead Nonattainment Area Maintenance Plan and Redesignation Request
The Environmental Protection Agency (EPA) is proposing to approve the Maintenance Plan, submitted by the State of Montana to the EPA on October 28, 2018, for the East Helena Lead (Pb) nonattainment area (East Helena NAA) and concurrently redesignating the East Helena NAA to attainment of the 1978 Pb National Ambient Air Quality Standard (NAAQS). The EPA is taking this action pursuant to the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans; Colorado; Revisions to Regulation Number 4, Sale and Installation of Wood-Burning Appliances and the Use of Certain Wood Burning Appliances During High Pollution Days
The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions to Colorado Regulation Number 4 (Reg. No. 4), ``Sale and Installation of Wood-Burning Appliances and the Use of Certain Wood Burning Appliances During High Pollution Days,'' submitted by the State on May 2, 2016 and May 14, 2018. The revisions update definitions, emission standards, certification and labeling requirements, and citation references to maintain consistency with the EPA's 2015 Standards of Performance for New Residential Wood Heaters. The EPA is taking this action in accordance with the Clean Air Act (CAA).
Outer Continental Shelf Air Regulations; Consistency Update for Maryland
The Environmental Protection Agency (EPA) is updating a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which Maryland is the designated COA. The State of Maryland's requirements discussed in this document, and listed in the appendix to the Federal OCS air regulations, are approved for incorporation into the compilation of state provisions that is incorporated by reference.
Change of Address for Region 1 Reports; Technical Amendments
The Environmental Protection Agency (EPA) is amending its regulations to reflect a change in address for submitting certain reports to EPA's Region 1 office and to correct the addresses for submitting certain air program reports to the EPA Region 1 states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont once the state is delegated. This action is editorial in nature and is intended to provide accuracy and clarity to the agency's regulations.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Requests and Maintenance Plans for Delaware County and Lebanon County 2012 Fine Particulate Matter Areas
The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. On January 23, 2019 and February 11, 2019, respectively, the Pennsylvania Department of Environmental Protection (PADEP) submitted requests for EPA to redesignate to attainment of the 2012 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) the Delaware County and Lebanon County nonattainment areas (the Delaware and Lebanon Areas or the Areas). EPA is proposing to grant PADEP's requests and to determine that the Delaware and Lebanon Areas meet the 2012 annual PM2.5 NAAQS, based on the most recent three years of certified air quality data. The effect of this proposed action, if finalized, would be to change the designation status of the Delaware and Lebanon Areas from nonattainment to attainment for the 2012 annual PM2.5 NAAQS, thereby removing the requirement for a nonattainment new source review (NNSR) permitting program and stopping the sanctions clock associated with a finding of failure to submit NNSR updates for the 2012 annual PM2.5 NAAQS. EPA is also proposing to approve PADEP's plans to ensure that the Delaware and Lebanon Areas continue to meet the 2012 PM2.5 NAAQS through 2030 (maintenance plans) as revisions to the Pennsylvania SIP. The maintenance plans for the Delaware and Lebanon Areas include 2014, 2022, and 2030 motor vehicle emissions budgets (MVEBs) for mobile sources of PM2.5 and nitrogen oxides (NOX). Finally, EPA is proposing to find these 2014, 2022, and 2030 MVEBs for PM2.5 and NOX adequate and to approve these MVEBs into the Pennsylvania SIP for transportation conformity purposes. This action is being taken under the Clean Air Act (CAA).
Approval of the Redesignation Request for the Washington, DC-MD-VA 2008 8-Hour Ozone National Ambient Air Quality Standard Nonattainment Area
The Environmental Protection Agency (EPA) is approving the request from the District of Columbia (the District) to redesignate to attainment their respective portion of the Washington, DC-MD-VA nonattainment area (hereafter ``the Washington Area'' or ``the Area'') for the 2008 8-hour ozone national ambient air quality standard (NAAQS or standard) (also referred to as the ``2008 ozone NAAQS'') as the District's portion of the Area meets the statutory requirements for redesignation under the Clean Air Act (CAA). EPA is therefore redesignating the District of Columbia to attainment for the 2008 ozone NAAQS in accordance with the CAA.
Certain New Chemicals or Significant New Uses; Statements of Findings for May 2019
Section 5(g) of the Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of TSCA section 5(a) notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA section 5. This document presents statements of findings made by EPA on TSCA section 5(a) notices during the period from May 1, 2019 to May 31, 2019.
Statutory Requirements for Substantiation of Confidential Business Information (CBI) Claims Under the Toxic Substances Control Act (TSCA)
On January 19, 2017, EPA announced an interpretation of section 14 of the Toxic Substances Control Act (TSCA). Under this interpretation, non-exempt confidential business information (CBI) claims must be substantiated at the time the information claimed as CBI is submitted to EPA, and non-exempt CBI claims submitted without a substantiation are considered deficient. To facilitate compliance with the change in interpretation, EPA announced it would undertake a non- statutorily required practice of sending a notice of deficiency to an affected business that submitted a non-exempt CBI claim without a substantiation, providing an opportunity to correct the deficiency. The Agency also sent out notices of deficiency in instances where there were other procedural flaws in the submission, namely where the required CBI certification statement was not provided, or no generic name was provided when specific chemical identity was claimed as CBI. EPA's extensive outreach on this interpretation over the past two years has been effective. As such, EPA is announcing it is revising its policy and that it will cease sending these non-statutorily required notices of deficiency to businesses who submit procedurally flawed CBI claims. This action makes more efficient EPA's implementation of the TSCA section 14(g) requirement to review within 90 days of receipt all CBI claims for chemical identity, with limited exceptions, as well as to review a representative subset of at least 25% of other non-exempt claims.
Certain New Chemicals or Significant New Uses; Statements of Findings for April 2019
The Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of TSCA section 5(a) notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA section 5. This document presents statements of findings made by EPA on TSCA section 5(a) notices during the period from April 1, 2019 to April 30, 2019.
Air Plan Approval; OR: 2018 Permitting Rule Revisions
The Environmental Protection Agency (EPA) proposes to approve revisions to the Oregon State Implementation Plan (SIP) submitted on December 11, 2018. The revisions update the SIP to allow for electronic public notice of proposed major stationary source permits, add references to stationary source sampling requirements, make use of plain language, and correct errors. The EPA reviewed the submitted revisions and proposes to find they are consistent with Clean Air Act requirements.
Outer Continental Shelf Air Regulations; Consistency Update for California
The Environmental Protection Agency (EPA) is finalizing the approval of a local rule and the update of the Outer Continental Shelf (OCS) Air Regulations proposed in the Federal Register on June 21, 2018. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District (``Santa Barbara County APCD'' or ``the District'') is the designated COA. The intended effect of approving the local rule and updating the OCS requirements for the Santa Barbara County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed in this document will be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.
Air Plan Approval; NC; Emission Control Standards, Open Burning, and Miscellaneous Revisions
The Environmental Protection Agency (EPA) is taking final action to approve portions of a revision to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina through the North Carolina Department of Environmental Quality (formerly the North Carolina Department of Environment and Natural Resources (NCDENR)), Division of Air Quality, on January 31, 2008. The revision includes changes to emission control standards and open burning regulations. The changes are part of North Carolina's strategy to meet and maintain the national ambient air quality standards (NAAQS). This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.
Revision of Sheboygan County, Wisconsin Nonattainment Designation for the 1997 and 2008 Ozone Standards and Clean Data Determination for the 2008 Ozone Standards
The Environmental Protection Agency (EPA) is approving a request from Wisconsin to revise the designation for the Sheboygan nonattainment area for the 1997 primary and secondary ozone National Ambient Air Quality Standards (NAAQS) and the 2008 primary and secondary ozone NAAQS, by splitting the existing area into two distinct nonattainment areas that together cover the identical geographic area of the existing nonattainment area. This revised designation is supported by air quality data, emissions and emissions-related data, meteorology, geography/topography, and jurisdictional boundaries. Both areas will retain their nonattainment designation and Moderate classification. In this action, EPA is also making a clean data determination for one of the two separate areas for the 2008 ozone NAAQS.
Approval and Promulgation of State Implementation Plans; Idaho; Regional Haze Progress Report
The Environmental Protection Agency (EPA) is approving a revision to the Idaho Regional Haze State Implementation Plan (SIP) submitted by the State on June 28, 2016. Idaho submitted its Regional Haze Progress Report (``progress report'' or ``report'') and a negative declaration stating that further revision of the existing regional haze SIP is not needed at this time. Idaho submitted both the progress report and the negative declaration in the form of implementation plan revisions as required by Federal regulations. The progress report addresses the Federal Regional Haze Rule requirements under the Clean Air Act to submit a report describing progress in achieving reasonable progress goals established for regional haze and a determination of the adequacy of the State's existing plan addressing regional haze.
Privacy Act of 1974; System of Records
The Environmental Protection Agency (EPA) proposes to rescind the Time-Sharing Services Management System (TSSMS) system of records, EPA-43. The user and account management functions of the system were no longer needed. The TSSMS system of records is being rescinded because the application was decommissioned.
Amendments to Federal Implementation Plan for Managing Air Emissions From 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
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.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
The Environmental Protection Agency (EPA) is reopening the comment period for a proposed rule published on July 31, 2018. In the July 31, 2018 notice of proposed rulemaking, EPA proposed to delete portions of the South Valley Superfund Site from the National Priorities List. EPA is reopening the comment period subsequent to a meeting requested by commenters to discuss the partial deletion activities. All comments submitted from the July 31, 2018, initiation of the original comment period will be accepted.
Acrylamide-Sodium Acrylamidomethylpropanesulfonate Copolymer; Tolerance Exemption
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.
Proposed Information Collection Request; Comment Request; Data Requirements Rule for the 1-Hour Sulfur Dioxide Primary National Ambient Air Quality Standard (NAAQS) Information Request (Renewal)
The Environmental Protection Agency (EPA) is planning to submit a renewal of an information collection request (ICR), ``Data Requirements Rule for the 1-Hour Sulfur Dioxide Primary National Ambient Air Quality Standard (NAAQS) Information Request (Renewal)'' (EPA ICR No. 2495.03), Office of Management and Budget (OMB) Control No. 2060-0696) to the 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 renewal of the existing ICR for the Data Requirements Rule for the 1-Hour Sulfur Dioxide Primary NAAQS (SO2 Data Requirements Rule), which is currently approved through September 30, 2019. 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.
National Advisory Council for Environmental Policy and Technology
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.
Air Plan Approval; Texas; Revisions to Public Notice for Air Quality Permit Applications
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving one revision to the Texas State Implementation Plan (SIP) submitted on July 9, 2018 to revise the public notice provisions for certain air quality permit applications. The EPA is also finalizing ministerial changes to the Code of Federal Regulations (CFR) to reflect recent EPA SIP approvals to the Texas SIP for public notice provisions for air quality permit applications.
Air Plan Approval; New Hampshire; Reasonably Available Control Technology Orders
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.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Electro-Coatings, Inc. Superfund Site
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.
Air Plan Approval; Georgia; 2008 8-Hour Ozone Interstate Transport
The Environmental Protection Agency (EPA) is proposing to approve Georgia's August 15, 2018, State Implementation Plan (SIP) submission pertaining to the ``good neighbor'' provision of the Clean Air Act (CAA or Act) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The good neighbor provision requires each state's implementation plan to address the interstate transport of air pollution in amounts that contribute significantly to nonattainment, or interfere with maintenance, of a NAAQS in any other state. In this action, EPA is proposing to determine that Georgia will not contribute significantly to nonattainment or interfere with maintenance of the 2008 8-hour ozone NAAQS in any other state. Therefore, EPA is proposing to approve the August 15, 2018, SIP revision as meeting the requirements of the good neighbor provision for the 2008 8-hour ozone NAAQS.
Air Plan Approval; Arizona; Regional Haze Progress Report
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.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Basic Inspection and Maintenance Program Certification State Implementation Plan for the Baltimore Nonattainment Area Under the 2008 Ozone National Ambient Air Quality Standard
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. This SIP revision satisfies a Clean Air Act (CAA) requirement for enactment of a vehicle emissions inspection and maintenance (I/M) program in the Baltimore areawhere ambient air quality has been classified by EPA as ``Moderate'' or higher nonattainment of federal ozone national ambient air quality standards (NAAQS) established in 2008 (hereafter referred to as the 2008 ozone NAAQS). The CAA requires states to demonstrate that any moderate ozone nonattainment area has adopted a basic I/M program (as defined by the CAA). In the event an I/ M program was previously enacted to meet a prior NAAQS or other CAA requirement, the state must show that the enacted I/M program continues to meet applicable federal requirements for a basic I/M program. Maryland's SIP revision that is the subject of this action pertains to CAA requirements for a basic I/M program in the Baltimore area for the 2008 ozone NAAQS. EPA is approving Maryland's I/M program certification, in accordance with the requirements of the CAA.
Public Water System Supervision Program Revisions for the State of Delaware
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.
Air Plan Approval; Kentucky: Jefferson County Existing and New VOC Water Separators Rule Revision
The Environmental Protection Agency (EPA) is taking final action to approve two revisions to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Kentucky Division of Air Quality (KDAQ), through a letter dated March 15, 2018. The changes were submitted by KDAQ on behalf of the Louisville Metro Air Pollution Control District (LMAPCD) (also referred to herein as Jefferson County) and make minor ministerial amendments to applicability dates and clarify standards applicable to both existing and new volatile organic compounds (VOC) water separators. EPA is approving these changes because they are consistent with the Clean Air Act (CAA or Act).
Air Plan Approval; Nevada; Revisions to Clark County Ozone Maintenance Plan
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.
Air Quality Implementation Plan; California; Yolo-Solano Air Quality Management District; Stationary Source Permits
The Environmental Protection Agency (EPA) is proposing action on a revision to the Yolo-Solano Air Quality Management District (YSAQMD or ``the District'') portion of the California State Implementation Plan (SIP). We are proposing to approve a rule governing issuance of permits for stationary sources, including review and permitting of major sources and major modifications under part D of title I of the Clean Air Act (CAA or ``the Act''). Specifically, the revision pertains to YSAQMD Rule 3.25, ``Federal New Source Review for New and Modified Major PM2.5 Sources.'' We are taking comments on this proposal and a final action will follow.
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Reasonably Available Control Technology State Implementation Plan for Volatile Organic Compounds Under the 2008 Ozone National Ambient Air Quality Standard
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).
Designation of Areas for Air Quality Planning Purposes; California; Coachella Valley 8-Hour Ozone Nonattainment Area; Reclassification to Extreme
Under the Clean Air Act (CAA or the ``Act''), the Environmental Protection Agency (EPA) is granting a request from the State of California to reclassify the Coachella Valley ozone nonattainment area from ``Severe-15'' to ``Extreme'' for the 1997 8- hour ozone national ambient air quality standards (NAAQS). This action does not reclassify any areas of Indian country within the boundaries of the Coachella Valley 1997 ozone nonattainment area.
Air Plan Approval; GA; Miscellaneous Revisions
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.
Texas: Proposed Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program
On October 24, 2018, the Environmental Protection Agency (EPA) published a proposed rule and provided for a thirty-day public comment period. The public comment period closed on November 23, 2018 and EPA received three comments. The purpose of this document is to reopen the comment period for an additional 30 days. This extension of the comment period is provided to allow the public additional time to provide comment on the October 24, 2018 proposed rule. All comments submitted during the original comment period as well those submitted during this extension of the comment period will be accepted and considered.
Certain New Chemicals; Receipt and Status Information for May 2019
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.
2-Propenoic Acid, Methyl Ester, Polymer With Ethene and 2,5-Furandione; Tolerance Exemption
This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, methyl ester, polymer with ethene and 2,5-furandione when used as an inert ingredient in a pesticide chemical formulation. Lewis & Harrison, on behalf of Arkema 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 2-propenoic acid, methyl ester, polymer with ethene and 2,5-furandione on food or feed commodities.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Negative Declaration for the Oil and Natural Gas Industry Control Techniques Guidelines
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).
Air Plan Approval; Indiana; Attainment Plan for the Morgan County Sulfur Dioxide Nonattainment Area
The Environmental Protection Agency (EPA) is proposing to approve as a State Implementation Plan (SIP) revision the Morgan County-related elements of an Indiana submission to EPA dated October 2, 2015, as supplemented on February 8, 2019. The October 2015 submission addresses attainment of the 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS) for four areas. The February 8, 2019 supplement provides additional modeling information regarding the adequacy of the plan for Morgan County. EPA proposes to conclude that Indiana has appropriately demonstrated that the plan provisions provided for attainment of the 2010 SO2 NAAQS in the Morgan County area by the applicable attainment date and that the plan meets the other applicable requirements under the Clean Air Act.
Approval and Promulgation of Implementation Plans; Montana; Regional Haze 5-Year Progress Report State Implementation Plan
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.
Air Plan Approval; Ohio; Second Maintenance Plan for 1997 Ozone NAAQS; Dayton-Springfield
The Environmental Protection Agency (EPA) is proposing to approve under the Clean Air Act (CAA), as a revision to the Ohio State Implementation Plan (SIP), the State's plan for maintaining the 1997 ozone National Ambient Air Quality Standard (NAAQS or standard) through 2028 in the Dayton-Springfield area. The Dayton-Springfield area consists of Clark, Greene, Miami and Montgomery Counties. The Ohio Environmental Protection Agency (Ohio EPA) submitted this SIP revision to EPA on April 12, 2019.
Review of the Dust-Lead Hazard Standards and the Definition of Lead-Based Paint
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.
Idaho: Authorization of State Hazardous Waste Management Program Revisions
Idaho applied to the Environmental Protection Agency (EPA) for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. The EPA reviewed Idaho's application and has determined that these changes satisfy all requirements needed to qualify for final authorization. The EPA published a proposed rule on September 5, 2018, prior to taking this final action to authorize these changes. The EPA received five comments, one of which was supportive of this authorization action and four of which were not applicable to this authorization action.
Air Plan Approval; Missouri; Revocation of Kansas City Area Transportation Conformity Requirements Plans
The Environmental Protection Agency (EPA) is proposing approval of Missouri's request to remove the transportation conformity rule for the Kansas City area.
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