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

Pursuant to the Federal Clean Air Act (CAA or Act), the EPA is proposing to approve elements of two State Implementation Plan (SIP) submittals from Louisiana for the 2015 ozone (O3) National Ambient Air Quality Standards (NAAQS). The submittals address how the existing SIP provides for the implementation, maintenance and enforcement of the 2015 ozone NAAQS (infrastructure SIP or i-SIP). The i-SIP ensures that the Louisiana SIP is adequate to meet the state's responsibilities under the CAA for this NAAQS.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Water Quality Certification Regulations (EPA ICR No. 2603.03, OMB Control No. 2040-0295) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). This is a proposed revision of an ICR, which is currently approved through February 29, 2020. Public comments were previously requested via the Federal Register on November 27, 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 announcing the availability of a web portal that allows the public to search for agency guidance documents. The purpose of this portal is to increase transparency of EPA guidance documents and to provide a mechanism for the public to request modification or withdrawal of such documents.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOC) from Metal Parts and Products Coating Operations, and Polyester Resin Operations. We are approving two local rules that regulate these emission sources under the Clean Air Act (CAA or the Act) as well as approving negative declarations for three subcategories of control techniques guidelines (CTG) sources in the MDAQMD. In addition, we are converting the partial conditional approval of the District's reasonably available control technology (RACT) SIPs for the 1997 and 2008 ozone standards, as it applies to these two rules, to a full approval.

The Environmental Protection Agency (EPA) is approving two state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA or ``Act'') requirements for the 2008 ozone national ambient air quality standards (NAAQS) in the Imperial County nonattainment area, as follows. The EPA is approving the ``Imperial County 2017 State Implementation Plan for the 2008 8- Hour Ozone Standard'' (``Imperial Ozone Plan'' or ``Plan'') and the portions of the ``2018 Updates to the California State Implementation Plan'' (``2018 SIP Update'') that address the requirement for a reasonable further progress (RFP) demonstration for Imperial County for the 2008 ozone standards. In addition, the EPA is determining, based on the ``Imperial County Clean Air Act Section 179B(b) Retrospective Analysis for the 75 ppb 8-hour Ozone Standard'' (``Imperial Ozone Retrospective Demonstration''), that the Imperial County nonattainment area would have attained the 2008 ozone NAAQS by the ``Moderate'' area attainment date of July 20, 2018, but for emissions emanating from Mexico, and therefore is not subject to the CAA requirements pertaining to reclassification upon failure to attain. As a result of these final actions, the Imperial County nonattainment area will remain classified as a Moderate nonattainment area for the 2008 ozone NAAQS.

EPA is announcing the availability of and soliciting public comment on the draft Toxic Substances Control Act (TSCA) risk evaluation of trichloroethylene (TCE). EPA is also submitting the same document to the TSCA Science Advisory Committee on Chemicals (SACC) for peer review and is announcing that there will be an in-person public meeting of the TSCA SACC to consider and review the draft risk evaluation. Preceding the in-person meeting, there will be a preparatory virtual public meeting for the panel to consider the scope and clarity of the draft charge questions for the peer review. The purpose of conducting risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use, including an unreasonable risk to a relevant potentially exposed or susceptible subpopulation.

The Environmental Protection Agency (EPA) is approving revisions to the Washington State Implementation Plan (SIP) that were submitted by the Department of Ecology (Ecology). In 1991, Ecology established source-category regulations for kraft pulp mills, sulfite pulping mills, and primary aluminum plants. These source-category regulations contain requirements specific to these types of facilities. However, the source-category regulations also rely upon cross- references to the general air quality regulations to implement program elements such as new source review permitting. Since 1991, many of the cross-references to the general regulations for air pollution sources have changed. The EPA is approving a revision to the SIP updating the cross-references and other miscellaneous changes.

The Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) revisions submitted by the State of Utah on January 4, 2016, which include revisions to Utah's Division of Administrative Rule (DAR) R307-110-10 and maintenance plans for the Salt Lake County, Utah County, and Ogden City nonattainment areas (NAAs) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 microns (PM10), and on March 6, 2019, which include PM10 redesignation requests and supplemental information for Salt Lake County, Utah County and Ogden City. These submittals demonstrated that the Salt Lake County, Utah County and Ogden City areas have attained the PM10 National Ambient Air Quality Standards (NAAQS), request redesignation to attainment, and include maintenance plans for the areas demonstrating attainment for fifteen years. Also, the EPA is approving Utah's February 27, 2017 submittal, which includes rule revisions to address our October 19, 2016 conditional approval of Utah's DAR R307-302 revisions that were submitted May 9, 2013, May 20, 2014 and September 8, 2015. Additionally, the EPA is approving SIP revisions submitted by the State of Utah on February 15, 2019, with additional non-substantive changes submitted on July 1, 2019, August 20, 2019, and October 15, 2019, which includes revisions that are located in DAR R307-110-17 and SIP Subsections IX.H.1-2. We are also approving the transportation conformity motor vehicle emissions budgets (MVEB), for each of the three maintenance areas, as described in our proposed rule. The EPA is taking this action pursuant to the Clean Air Act (CAA or the Act).

Florida has applied to the Environmental Protection Agency (EPA) for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. EPA has reviewed Florida's application and has determined, subject to public comment, that these changes satisfy all requirements needed to qualify for final authorization. Therefore, we are proposing to authorize the State's changes. EPA seeks public comment prior to taking final action.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the San Diego County Air Pollution Control District (SDCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from adhesive material application operations. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the ``Act'').

EPA issued final significant new use rules (SNURs) in the Federal Register of November 25, 2019 for 22 chemical substances that were the subject of premanufacture notices (PMNs) (SNUR batch 18-1), and in in the Federal Register of December 5, 2019 for 29 chemical substances that were the subject of PMNs (SNUR batch 18-4). In SNUR batch 18-1, for the chemical substance that was the subject of PMN P- 15-114, EPA made errors in the SNUR requirements for hazard communication and protection in the workplace, resulting in inconsistencies with the same requirements in the associated TSCA Order. For SNUR batch 18-4, for one of the two chemical substances that are subject to the SNUR, EPA made a typographical error when identifying the associated PMN number in the SNUR. Additionally, for two other SNURs, language in the SNURs incorrectly refers to requirements in ``the TSCA Order'' rather than in the SNUR itself. This document is being issued to correct these errors.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Iowa State Implementation Plan (SIP) and the Operating Permits Program. The revisions include updating definitions, regulatory references, correcting the State's mailing address, requiring facilities to submit electronic emissions inventory information under the State's title V permitting program, and updating references for the most recent federally approved minimum specifications and quality assurance procedures for performance evaluations of continuous monitoring systems. These revisions will not impact air quality and will ensure consistency between the State and Federally approved rules.

In accordance with the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to redesignate the Lemont and Pekin sulfur dioxide (SO2) nonattainment areas from nonattainment to attainment. EPA is also proposing to approve Illinois' maintenance plans for these two areas. Emissions of SO2 in the areas have been reduced, and the air quality in the two areas is currently better than the SO2 national ambient air quality standard (NAAQS).

The Environmental Protection Agency (EPA) is approving revisions to the Iowa State Implementation Plan (SIP) to include recent changes to the Linn County Code of Ordinances. The revisions include updating definitions and references to the effective dates the Federal rules were approved into the State's SIP, revising methods and procedures for performance test/stack test and continuous monitoring systems, and updating the Linn County permits program. These revisions will not adversely impact air quality and will ensure consistency between the state and federally approved rules.

The Environmental Protection Agency (EPA) is approving revisions to the general air quality regulations submitted by the Washington Department of Ecology (Ecology). The four categories of revisions to the State Implementation Plan (SIP) approved in this action are: revising the adoption by reference date for Federal regulations cross referenced in the State regulations; revising the definition of volatile organic compounds (VOC) to match changes to the Federal definition; updating public involvement procedures for the new source review air permitting program to reflect changes to the Federal requirements, allowing greater use of electronic notice and electronic access to information; and correcting typographical errors and minor wording changes for clarity.

EPA is requesting comment on applications from Hyundai Motor Company (``Hyundai'') and Kia Motors Corporation (``Kia'') for off- cycle carbon dioxide (CO2) credits under EPA's light-duty vehicle greenhouse gas emissions standards. ``Off-cycle'' emission reductions can be achieved by employing technologies that result in real-world benefits, but where that benefit is not adequately captured on the test procedures used by manufacturers to demonstrate compliance with emission standards. EPA's light-duty vehicle greenhouse gas program acknowledges these benefits by giving automobile manufacturers several options for generating ``off-cycle'' CO2 credits. Under the regulations, a manufacturer may apply for CO2 credits for off-cycle technologies that result in off-cycle benefits. In these cases, a manufacturer must provide EPA with a proposed methodology for determining the real-world off-cycle benefit. Hyundai and Kia have submitted applications that describe methodologies for determining off-cycle credits from technologies described in their applications. Pursuant to applicable regulations, EPA is making these off-cycle credit calculation methodologies available for public comment.

The Environmental Protection Agency (EPA or the Agency) is proposing to not impose financial responsibility requirements for facilities in the Chemical Manufacturing industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Section 108(b) addresses the promulgation of regulations that require classes of facilities to establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances.

The Environmental Protection Agency (EPA) is proposing to approve under the Clean Air Act (CAA) a request from the Indiana Department of Environmental Management to revise the Indiana State Implementation Plan (SIP) to incorporate the following: A new rule concerning nitrogen oxide (NOX) emissions for the ozone season from Electric Generating Units (EGUs) and large non-EGUs; revisions concerning NOX emission rate limits for specific source categories; the repeal of the NOX Budget Trading Program; and the repeal of the Clean Air Interstate Rule NOX ozone season trading program. This SIP revision would ensure continued compliance by EGUs and large non-EGUs with the requirements of the NOX SIP Call.

The Environmental Protection Agency (EPA) is taking final action on administrative changes to the Mississippi State Implementation Plan (SIP). The changes consist of recodification of Mississippi's regulations, which EPA previously approved through Letter Notices. EPA has determined that this action falls under the ``good cause'' exemption in the Administrative Procedure Act (APA). This exemption in the APA authorizes agencies to dispense with public participation and to make an action effective immediately, thereby avoiding the 30-day delayed effective date otherwise provided for in the APA.

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 10/01/ 2019 to 10/31/2019.

The Environmental Protection Agency (EPA) is taking final action to approve state implementation plan (SIP) revisions and two redesignation requests provided by the State of Florida, through the Florida Department of Environmental Protection (FDEP), related to the 2010 1-hour sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS or standard). Specifically, EPA is approving a December 1, 2017, SIP revision (as supplemented through an October 9, 2019, SIP revision discussed below) that includes SO2 multi-unit permit limits and associated compliance and monitoring parameters for Mosaic Fertilizer LLC's New Wales facility (Mosaic New Wales) and Bartow facility (Mosaic Bartow), both located in Polk County, Florida. The December 1, 2017, SIP revision also includes a modeling analysis to demonstrate that the Hillsborough-Polk SO2 nonattainment area (hereinafter referred to as the ``Hillsborough-Polk Area'') attains the SO2 NAAQS with these permit limits. EPA is also approving an October 9, 2019, request to redesignate the Hillsborough-Polk Area to attainment for the 1-hour SO2 NAAQS and associated SIP revision containing the State's plan for maintaining attainment of the standard in the Hillsborough- Polk Area. The October 9, 2019, SIP submittal also revises the modeling analysis and some permit conditions in the 2017 SIP revision, contains a base-year emissions inventory for the Hillsborough-Polk Area, and certifies that the Hillsborough-Polk Area meets nonattainment new source review (NNSR) requirements. In addition, EPA is approving an October 9, 2019, request to redesignate the Mulberry Unclassifiable Area (hereinafter referred to as the ``Mulberry Area'') to attainment/ unclassifiable for the 2010 1-hour SO2 NAAQS. FDEP submitted a draft version of the October 9, 2019, redesignation requests and SIP revisions on February 15, 2019, and EPA proposed to approve those requests and revisions through parallel processing at the State's request.

In December 2016, Congress passed, and the President signed the Water Infrastructure Improvements for the Nation (WIIN) Act, amending section 4005 of the Resource Conservation and Recovery Act (RCRA). The WIIN Act, among other things, requires the Environmental Protection Agency (EPA or the Agency) to implement a federal coal combustion residuals (CCR) permit program in Indian country and, subject to the availability of appropriations specifically provided to carry out a program, to implement a federal CCR permit program in nonparticipating states. The Fiscal Year 2018 and 2019 Omnibus Appropriations Acts provided appropriations to EPA to develop and implement a federal permit program for the regulation of CCR in nonparticipating states. In this action, the Agency is proposing to establish a federal CCR permit program in accordance with the requirements of the WIIN Act.

The Environmental Protection Agency (EPA) is revising its Submission of Invoices clause to add electronic invoicing requirements. In 2019 the EPA will begin using the Invoice Processing Platform (IPP), which is a secure web-based service provided by the U.S. Treasury that efficiently manages government invoicing. This republication is necessary because the wrong Code of Federal Regulations number appeared in the document header, the List of Subjects, and the words of issuance.

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 11/01/ 2019 to 11/30/2019.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri State Implementation Plan (SIP) received on February 15, 2019. The submission revises a Missouri regulation that establishes nitrogen oxide (NOX) control equipment and NOX emission levels for Portland cement kilns. Specifically, the revisions add a definition, remove obsolete dates, update references to test methods, clarify rule language, remove unnecessary words, and make other minor edits. These revisions do not impact the stringency of the SIP and do not impact air quality. Approval of these revisions will ensure consistency between State and federally-approved rules.