Environmental Protection Agency January 2020 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) Region 8 announces the deletion of the surface and unsaturated subsurface soils outside of the 4.5 acre Treated Soils Area of the Idaho Pole Co. Superfund Site (Site) located in Bozeman, Montana 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 the surface and unsaturated subsurface soils remedy component outside of the 4.5 acre Treated Soils Area of the Idaho Pole Company Superfund Site. The groundwater, sediments and saturated subsurface soils are being addressed as part of the groundwater remedy component and are not being considered for deletion as part of this action. The EPA and the State of Montana, through the Department of Environmental Quality (DEQ), 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 the surface and unsaturated surface soils outside of the 4.5 acre Treated Soils Area does not preclude future actions under Superfund.

This notice announces EPA's approval of the State of Iowa's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

On October 2, 2019, the Environmental Protection Agency (EPA) Region 1 Administrator signed a Memorandum of Agreement (MOA) between EPA Region 1 and the Connecticut Department of Energy and Environmental Protection (CT DEEP) for delegation of New Source Performance Standards (NSPS) and National Emissions Standards for Hazardous Air Pollutants (NESHAPs). The MOA was signed by the Commissioner of CT DEEP on September 10, 2019. To inform the public of the EPA and CT DEEP's October 2, 2019 MOA regarding delegation of NSPS and NESHAPs, the EPA is making a copy of the MOA available through this document.

This regulation extends time-limited tolerances for residues of five pesticides on various commodities, as identified in this document. These actions are in response to EPA's granting of emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. In addition, the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA.

The Environmental Protection Agency (EPA) is announcing the availability of a document titled, Policy Assessment for the Review of the National Ambient Air Quality Standards for Particulate Matter (PA). This document was prepared as part of the current review of the National Ambient Air Quality Standards (NAAQS) for Particulate Matter (PM). Building on the Integrated Science Assessment for Particulate Matter (ISA), completed in December 2019, the PA is intended to ``bridge the gap'' between the currently available scientific information and the judgments required of the Administrator in determining whether to retain or revise the existing NAAQS for PM.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Phosphate Rock Plants (EPA ICR Number 1078.12, OMB Control Number 2060-0111), 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 March 31, 2020. 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.

This document announces the broadly applicable alternative test method approval decisions that the Environmental Protection Agency (EPA) made under and in support of New Source Performance Standards (NSPS) and the National Emission Standards for Hazardous Air Pollutants (NESHAP) between January 1, 2019, and December 31, 2019.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions (EPA ICR Number 2243.09, OMB Control Number 2020-0033) 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 January 31, 2020. Public comments were previously requested via the Federal Register on September 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.

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 surface coating operations. We are proposing to conditionally approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the ``Act'') and to conditionally approve the County's demonstration regarding Reasonably Available Control Technology requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) in the Phoenix-Mesa ozone nonattainment area, with respect to surface coating operations. We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Aerospace Manufacturing and Rework Facilities (EPA ICR Number 1687.12, OMB Control Number 2060-0314), 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 March 31, 2020. 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.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: ``Chemical-Specific Rules under the Toxic Substances Control Act Section 8(a); Certain Nanoscale Materials'' and identified by EPA ICR No. 2517.03 and OMB Control No. 2070-0194, represents the renewal of an existing ICR that is scheduled to expire on August 31, 2020. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

As required by EPA's Final Rule on Fees for the Administration of TSCA (the Fees Rule), in which EPA established fees to defray some of the costs of administering certain provisions of the Toxic Substances Control Act (TSCA), this Notice identifies the preliminary lists of manufacturers (including importers) of 20 chemical substances that have been designated as a High-Priority Substance for risk evaluation and for which fees will be charged. EPA is providing a 60- day comment period during which manufacturers (including importers) are required to self-identify as a manufacturer of a High-Priority Substance irrespective of whether they are included on the preliminary lists. Where appropriate, entities may also avoid or reduce fee obligations by making certain certifications consistent with the Fees Rule. During this 60-day comment period, the public will have the opportunity to correct errors or provide comments on the preliminary lists. EPA expects to publish final lists of manufacturers (including importers) subject to fees no later than concurrently with the publication of the final scope document for risk evaluations of these 20 High-Priority Substances. Manufacturers (including importers) identified on the final lists will be subject to applicable fees.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Rubber Tire Manufacturing (EPA ICR Number 1158.13, OMB Control Number 2060-0156) 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 March 31, 2020. 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 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 EPA Science Advisory Board (SAB) Staff Office announces a public meeting of the Chartered Clean Air Scientific Advisory Committee (CASAC) to discuss their Draft Report on EPA's Integrated Science Assessment for Ozone and Related Photochemical Oxidants (External Review DraftSeptember 2019) and their Draft Report on EPA's Policy Assessment for the Review of the Ozone National Ambient Air Quality Standards (External Review Draft).

The Environmental Protection Agency (EPA) is revising the Washington State Implementation Plan (SIP) to approve updates to the Energy Facility Site Evaluation Council (EFSEC) air quality regulations. The EFSEC regulations apply to major energy facilities in the State of Washington and establish permitting requirements and emissions standards for such facilities. The EFSEC regulations primarily adopt by reference the Washington Department of Ecology (Ecology) general air quality regulations for program implementation. We are approving EFSEC's updated adoption by reference to include certain changes to Ecology's general air quality regulations since EFSEC's last adoption by reference, consistent with prior approvals.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submission from the Illinois Environmental Protection Agency (IEPA) dated May 16, 2019. The submission provides IEPA's certification that its existing emissions statement program, titled ``Annual Emissions Report'', remains in effect and satisfies the Clean Air Act (CAA) emissions statement requirement for the Illinois portions of the Chicago, Illinois-Indiana- Wisconsin and St. Louis, Missouri-Illinois nonattainment areas under the 2015 ozone National Ambient Air Quality Standard. Under the CAA, states' SIPs must require stationary sources in ozone nonattainment areas classified as marginal or above to annually report emissions of Volatile Organic Compounds and Oxides of Nitrogen.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Renewal of Existing Information Collection Request for Confidential Business Information Substantiation'' (EPA ICR No. 1665.14, OMB Control No. 2020-003) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through May 31, 2020. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

The Regional Administrator of the Environmental Protection Agency Region 6 (EPA) is providing notice of the availability of EPA's final determination that storm water discharges from the Los Alamos Urban Cluster (as defined by the 2010 Decennial Census) and Los Alamos National Laboratory (LANL) property are contributing to violations of New Mexico water quality standards (WQS) and require National Pollutant Elimination System (NPDES) permit coverage under the Clean Water Act (CWA). This action is in response to a June 30, 2014 petition filed with EPA by Amigos Bravos entitled ``A Petition by Amigos Bravos for a Determination that Storm Water Discharges in Los Alamos County Contribute to Water Quality Standards Violations and Require a Clean Water Act Permit.''

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Jersey for purposes of making a negative declaration regarding the October 2016 Oil and Natural Gas Control Techniques Guidelines (2016 Oil and Gas CTG). This action is being taken in accordance with the requirements of the Clean Air Act.

The Environmental Protection Agency (EPA), Office of the Science Advisor, Policy, and Engagement announces two separate public meetings of the Human Studies Review Board (HSRB) to advise the Agency on the ethical and scientific review of research involving human subjects.

The Environmental Protection Agency (EPA) is soliciting pre- proposal comments on a rulemaking effort known as the Cleaner Trucks Initiative (CTI). This advance notice describes EPA's plans for a new rulemaking that would establish new emission standards for oxides of nitrogen (NOX) and other pollutants for highway heavy-duty engines. It also describes opportunities to streamline and improve certification procedures to reduce costs for engine manufacturers. The EPA is seeking input on this effort from the public, including all interested stakeholders, to inform the development of a subsequent notice of proposed rulemaking.

The Environmental Protection Agency (EPA) is proposing to promulgate a Federal Implementation Plan (FIP) under the Clean Air Act (CAA) and the EPA's implementing regulations that consists of control requirements for new, modified, and existing oil and natural gas sources located on Indian country lands within the Uintah and Ouray Indian Reservation (also referred to as the U&O Reservation) to address air quality in and around the Uinta Basin Ozone Nonattainment Area in northeast Utah. The proposed FIP would also continue the streamlined approach to authorize new and modified minor oil and natural gas production sources on the reservation that has been established through national rulemakings. This proposed U&O FIP will establish emissions control requirements for oil and natural gas activity that contribute to the Uinta Basin's winter ozone problem; establish regulatory requirements that are the same or consistent between Indian country and neighboring jurisdictions within the Basin; and allow for reasonable continued development of the Basin's oil and natural gas resources on the Indian country lands within the U&O Reservation that are included in the current Uinta Basin Ozone Nonattainment Area. VOC emissions control requirements for existing oil and natural gas sources are currently required in areas of the Basin under Utah jurisdiction, but do not exist for most sources on the U&O Reservation. Additionally, this proposed U&O FIP will ensure new development on the U&O Reservation will not cause or contribute to a NAAQS violation. We are proposing to determine that it is necessary and appropriate to promulgate this proposed U&O FIP to protect air quality on the U&O Reservation, under the authority provided in the CAA and the EPA's Tribal Air Quality Planning and Management regulations. We designed this proposed U&O FIP to protect air quality while also providing the regulated community certainty that requirements will be consistent across the Uinta Basin and allow for continued, responsible development of new and modified minor oil and natural gas sources. Unless and until replaced by a Tribal Implementation Plan, this proposed U&O FIP will be implemented by the EPA, or by the Ute Indian Tribe if the EPA delegates that authority to the Tribe.

The Environmental Protection Agency (EPA) is proposing to approve, or conditionally approve, all or portions of two state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') in the Coachella Valley ozone nonattainment area (``Coachella Valley''). The two SIP revisions include the portions of the ``Final 2016 Air Quality Management Plan'' and the ``2018 Updates to the California State Implementation Plan'' that address ozone in the Coachella Valley. These submittals address the nonattainment area requirements for the 2008 8- hour ozone NAAQS, including the requirements for an emissions inventory, emissions statements, attainment demonstration, reasonable further progress (RFP), reasonably available control measures, contingency measures, and motor vehicle emissions budgets. The EPA is proposing to approve these submittals as meeting all the applicable ozone nonattainment area requirements except for the contingency measure requirements, for which the EPA is proposing to conditionally approve the RFP contingency measures and to defer action on the attainment contingency measure.

Pursuant to the Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to the applicable New Source Review (NSR) State Implementation Plan (SIP) for the City of Albuquerque-Bernalillo County submitted on January 18, 2018, that includes supplemental information provided on April 30, 2019. The EPA is approving newly adopted Minor New Source Review (MNSR) permitting regulations which waive specific permitting requirements for certain sources and create new procedures for authorizing construction and modification of these sources.