Environmental Protection Agency 2019 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the Environmental Protection Agency (EPA) has designated one new reference method for measuring concentrations of nitrogen dioxide (NO2), and one amendment to an existing reference method for measuring PM10 in ambient air.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Control of Evaporative Emissions from New and In-Use Portable Gasoline Containers (EPA ICR Number 2213.06, OMB Control Number 2060-0597) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This notice is a proposed extension of the Portable Fuel Container ICR, which is currently approved through September 30, 2019. Public comments were previously requested via the Federal Register on April 24, 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.

In the Federal Register of July 29, 2019, EPA proposed a rule concerning certain persistent, bioaccumulative, and toxic chemicals identified pursuant to section 6(h) of the Toxic Substances Control Act (TSCA). These five chemicals are: decabromodiphenyl ether; phenol, isopropylated phosphate (3:1), also known as tris(4-isopropylphenyl) phosphate; 2,4,6-tris(tert-butyl)phenol; hexachlorobutadiene; and pentachlorothiophenol. The proposed rule, if finalized, would restrict or prohibit manufacture (including import), processing, and distribution in commerce for many uses of four of these five chemical substances. EPA evaluated the uses of hexachlorobutadiene and proposed no regulatory action. For the other four, the proposal included recordkeeping requirements. Additional downstream notification requirements were proposed for phenol, isopropylated phosphate (3:1). This document extends the comment period for 31 days, from September 27, 2019, to October 28, 2019.

The Environmental Protection Agency (EPA) is finalizing approval of 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 finalizing the determination 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 approving Georgia's August 15, 2018, SIP revision as meeting the requirements of the good neighbor provision for the 2008 8-hour ozone NAAQS.

This regulation establishes tolerances for residues of cyclaniliprole in or on multiple commodities that are identified and discussed later in this document. ISK Biosciences Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the July 31, 2019 direct final rule approving updates and revisions to the Wisconsin Title V Operating Permit Program. The revisions were submitted to update the title V program for the first time since the final approval of the program in 2001 and to change the permit fee schedule for subject facilities. The revisions consist of amendments to Chapter Natural Resources (NR) 407 Wisconsin Administrative Code, operation permits, Chapter NR 410 Wisconsin Administrative Code, permit fees, and Wisconsin statute 285.69, fee structure.

Pursuant to the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision. On June 20, 2019, the Indiana Department of Environmental Management (IDEM) submitted the State's plan for maintaining the 1997 ozone National Ambient Air Quality Standards (NAAQS or standard) in the following areas: Indianapolis, La Porte County, and South Bend-Elkhart areas in Indiana; and the Indiana portions of the Chicago-Gary-Lake County, IL-IN (Chicago), Cincinnati- Hamilton, OH-KY- IN (Cincinnati), and Louisville, KY-IN (Louisville) multi-state areas. EPA is proposing to approve these maintenance plans because they provide for the maintenance of the 1997 ozone NAAQS through the end of the second 10-year maintenance period. This action, when finalized would make certain commitments related to maintenance of the 1997 ozone NAAQS in these areas federally enforceable as part of the Indiana SIP.

The Environmental Protection Agency (EPA) is proposing to approve the Connecticut regional haze progress report submitted as a State Implementation Plan (SIP) revision on June 30, 2015. This revision addresses the provisions of the Clean Air Act and its implementing regulations that require states to submit periodic reports describing progress on reasonable progress goals established for regional haze and a determination of adequacy of the state's existing regional haze SIP. Connecticut's progress report notes that Connecticut has made substantial progress toward meeting the emissions reduction expected for the first regional planning period. The report also notes that visibility in the federal Class I areas that may be affected by emissions from Connecticut is improving. In addition, the nearby federal Class I areas have already met the applicable reasonable progress goals for 2018. The EPA is proposing approval of Connecticut's determination that the state's existing regional haze SIP requires no further substantive revision at this time in order to achieve the goals for visibility improvement and emission reductions.

The Environmental Protection Agency (EPA, or the Agency) intends to evaluate whether the Waste Isolation Pilot Plant (WIPP) continues to comply with the Agency's environmental radiation protection standards for the disposal of radioactive waste. Pursuant to the 1992 WIPP Land Withdrawal Act (LWA), as amended, the U.S. Department of Energy (DOE, or the Department) must submit documentation of continued compliance with the EPA's standards for disposal and other statutory requirements every five years after the initial receipt of transuranic waste at WIPP. The Agency requests public comment on all aspects of the DOE's application.

This proposal presents the results of the U.S. Environmental Protection Agency's (EPA's) residual risk and technology reviews (RTRs) for the National Emission Standards for the Hazardous Air Pollutants (NESHAP) for Taconite Iron Ore Processing, as required under the Clean Air Act (CAA). Based on the results of the risk review, the EPA is proposing that risks from emissions of air toxics from this source category are acceptable and that the existing standards provide an ample margin of safety. Furthermore, under the technology review, the EPA identified no cost-effective developments in controls, practices, or processes to achieve further emissions reductions. Therefore, the EPA is proposing no revisions to the existing standards based on the RTRs. However, in this action the EPA is proposing: The removal of exemptions for periods of startup, shutdown, and malfunction (SSM) and clarifying that the emissions standards apply at all times; the addition of electronic reporting of performance test results and compliance reports; minor technical corrections and amendments to monitoring and testing requirements that would reduce the compliance burden on industry while continuing to be protective of the environment; and that regulation of a certain type compound emitted by one of the facilities, known as elongated mineral particulate, is not required under CAA section 112 because this compound is not a hazardous air pollutant (HAP) pursuant to the CAA. This action, if finalized, would result in improved monitoring, compliance, and implementation of the existing standards.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the SAB's All- Ages Lead Model (AALM) Panel. The Panel will meet to conduct a peer review the EPA's AALM External Review Draft Version 2.0, comprising the model's software, technical documentation, and user manual (hereafter referred to collectively as AALM 2.0). The AALM 2.0 was developed by EPA's Office of Research and Development.

The Environmental Protection Agency (EPA) Region 4 announces the deletion of 50 acres of the Escambia WoodPensacola Superfund Site (Site) located in Pensacola, Florida, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This partial deletion pertains to 50 acres of former residential property in the former neighborhoods of Oak Park, Escambia Arms, Herman & Pearl and Clarinda Triangle, part of Operable Unit One (soils). The remaining areas of Operable Unit One (about 50 acres) and Operable Unit Two (groundwater) will remain on the NPL and are not being considered for deletion as part of this action. The EPA and the State of Florida, through the Florida Department of Environmental Protection (FDEP), have determined that all appropriate response actions under CERCLA, other than five-year reviews and operation and maintenance, have been completed. However, this partial deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 9 announces the deletion of the Intel Corp. (Santa Clara III) Superfund Site (Site) located in Santa Clara, California, 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). EPA and the State of California, through the San Francisco Regional Water Quality Control Board, have determined that all appropriate response actions under CERCLA have been completed. However, the deletion of the Site does not preclude future actions under Superfund.

EPA Section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, authorizes a noncompetitive $50 million grant program to establish and enhance state and tribal response programs. These response programs generally address the assessment, cleanup, and redevelopment of brownfields sites and other sites with actual or perceived contamination. For Fiscal Year (FY) 2020, EPA will consider grant requests up to a maximum of $1.0 million per state or tribe. This document announces the availability of guidance that will assist states and tribes in the development and submission of grant applications and the use of Fiscal Year 2020 section 128(a) funds.

The Environmental Protection Agency (EPA) is proposing to conditionally approve revisions to the Maricopa County Air Quality Department (MCAQD or the County) portion of the Arizona State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from organic liquid and gasoline storage and transfer operations. We are proposing to conditionally approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act) and conditionally approve the County's demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) in the Phoenix-Mesa ozone nonattainment area, with respect to petroleum liquid storage and gasoline transfer and transport. We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Missouri on December 3, 2018. Missouri requests that the EPA remove a rule related to control of volatile organic compounds (VOCs) from traffic coatings from its SIP. This rescission 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).

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. This SIP revision removes requirements for gasoline vapor recovery equipment (also known as Stage II vapor recovery) on fuel dispensers at both new and upgrading gasoline dispensing facilities (GDFs) in Stage II subject areas of Maryland and also allows for decommissioning of Stage II equipment at existing stations currently equipped with Stage II equipment. GDF owners may elect to retain existing Stage II equipment, but in doing so remain subject to Stage II requirements and must continue to test and maintain Stage II equipment in accordance with program requirements. EPA determined that Maryland's August 25, 2017 SIP revision is approvable in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is approving 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 November 15, 2017, June 7, 2017, February 8, 2019, and February 12, 2019. EPA concludes that Indiana has appropriately demonstrated that the plan provisions provide for attainment of the 2010 sulfur dioxide (SO2) National Ambient Air Quality Standard (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.

In accordance with the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to redesignate the Ohio portion of the Steubenville Ohio-West Virginia interstate sulfur dioxide (SO2) nonattainment area (Steubenville nonattainment area) from nonattainment to attainment. EPA is also proposing to approve Ohio's maintenance plan. Emissions of SO2 in the area have been reduced and the air quality in the nonattainment area is currently well below the SO2 national ambient air quality standard (NAAQS).

Because the U.S. Environmental Protection Agency (EPA) received adverse comment, we are withdrawing the direct final rule amending the Standards of Performance for Stationary Compression Ignition Internal Combustion Engines published on July 5, 2019.

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the South Coast Air Quality Management District (SCAQMD or ``the District'') portion of the California State Implementation Plan (SIP). We are finalizing approval of a revision 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 SCAQMD Rule 1325 ``Federal PM2.5 New Source Review Program.''

The Environmental Protection Agency (EPA) Region 8 announces the deletion of the operable unit 1 (OU1) of the Vasquez Boulevard and I-70 Superfund Site (Site) located in the City and County of Denver, CO, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This partial deletion pertains only to OU1, the residential portion of the Site. The operable unit 2 (OU2) and operable unit 3 (OU3) will remain on the NPL and are not being considered for deletion as part of this action. The EPA and the State of Colorado, through the Colorado Department of Public Health and Environment (CDPHE), have determined that all appropriate response actions under CERCLA, other than operation and maintenance, monitoring and five-year reviews, have been completed. However, the deletion of these parcels does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) is taking final action to find that two states (Maryland and Michigan) failed to submit State Implementation Plans (SIPs) to satisfy certain nonattainment area planning requirements of the Clean Air Act (CAA) for the 2010 1-hour primary Sulfur Dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The purpose for the development and implementation of nonattainment area SIPs is to provide for attainment of the NAAQS as expeditiously as practicable following the designation of an area as nonattainment. This action establishes certain CAA deadlines for the EPA to impose sanctions if a state does not submit a complete SIP addressing the outstanding requirements and for the EPA to promulgate a Federal Implementation Plan (FIP) to address any outstanding SIP requirements.

This regulation establishes tolerances for residues of dinotefuran in or on persimmon. Mitsui Chemicals Agro, Inc., c/o Landis International, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).