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

EPA intends to authorize its contractors, Plateau, and their subcontractor, Eastern Research Group (ERG) as well as SRA International, Inc. to access Confidential Business Information (CBI) which has been submitted to EPA under the authority of all sections of the Resource Conservation and Recovery Act (RCRA) of 1976, as amended. EPA has issued regulations that outline business confidentiality provisions for the Agency and require all EPA offices that receive information designated by the submitter as CBI to abide by these provisions.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of West Virginia. Whenever new or revised national ambient air quality standards (NAAQS or standards) are promulgated, the Clean Air Act (CAA) requires states to make an initial SIP submission to provide for the implementation, maintenance, and enforcement of such NAAQS. This submission is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. This type of SIP revision is commonly referred to as an ``infrastructure'' SIP and elements addressed in such a submission are referred to as infrastructure requirements. West Virginia made a submittal addressing most of the infrastructure requirements for the 2015 ozone NAAQS and later supplemented the submittal to address the interstate transport elements; EPA is not acting on the interstate transport elements at this time. EPA is approving these revisions in accordance with the requirements of the CAA.

The U.S. Environmental Protection Agency is allocating production and consumption allowances for specific hydrochlorofluorocarbons, a type of ozone-depleting substance, for the years 2020 through 2029. These hydrochlorofluorocarbons may be used to service certain equipment manufactured before 2020. The EPA is also updating other requirements under the program for controlling production and consumption of ozone-depleting substances, as well as making edits to the regulatory text for improved readability and clarity. These updates include revising the labeling requirements for containers of specific hydrochlorofluorocarbons; prohibiting the transfer of hydrochlorofluorocarbon allowances allocated through this rulemaking into allowances for hydrochlorofluorocarbons that have already been phased out; requiring the use of an electronic reporting system for producers, importers, exporters, transformers, and destroyers of controlled ozone-depleting substances; revising and removing recordkeeping and reporting requirements; improving the process for petitioning to import used ozone-depleting substances for reuse, including by creating more flexibility for imports of used halon from certain halon banks and exempting imports of aircraft bottles containing halon 1211 for hydrostatic testing from the petition process; creating a certification process for importing both used and virgin ozone-depleting substances for destruction; and restricting the sale of known illegally imported substances. This rule includes clarifications to the certification requirements for methyl bromide quarantine and preshipment uses. The EPA is also adding polyurethane foam systems containing ozone-depleting chlorofluorocarbons to the list of nonessential products. Lastly, the Agency is updating the definition of ``destruction'' as used in the context of the production and consumption phaseout and removing obsolete provisions.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Mariposa County Air Pollution Control District (MCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns reporting of emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NOX) in nonattainment areas. We are proposing to approve a local rule to require submittal of emissions statements under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

Pursuant to the Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a revision to the Arkansas State Implementation Plan (SIP) submitted by the State of Arkansas through the Arkansas Division of Environmental Quality (ADEQ) on August 13, 2019. The SIP submittal addresses requirements of the Act and the Regional Haze Rule for visibility protection in mandatory Class I Federal areas (Class I areas) for the first implementation period. The EPA is proposing to approve an alternative measure to best available retrofit technology (BART) for sulfur dioxide (SO2), particulate matter (PM), and nitrogen oxide (NOX) at the Domtar Ashdown Mill and elements of the SIP submittal that relate to these BART requirements at this facility. In addition, we are proposing to approve the withdrawal from the SIP the previously approved PM10 BART limit and the federal implementation plan (FIP) provisions for the Domtar Ashdown Mill. The EPA is also concurrently proposing to approve Arkansas' interstate visibility transport provisions from the August 10, 2018, regional haze SIP submittal as supplemented by the visibility transport provisions in the October 4, 2019, interstate transport SIP submittal, which covers the following national ambient air quality standards (NAAQS): The 2006 24-hour fine particulate matter (PM2.5) NAAQS; the 2012 annual PM2.5 NAAQS; the 2008 and 2015 eight-hour ozone (O3) NAAQS; the 2010 one-hour nitrogen dioxide (NO2) NAAQS; and the 2010 one-hour SO2 NAAQS.

EPA is extending the comment period for a notice issued in the Federal Register of January 27, 2020, announcing the availability of the preliminary lists of manufacturers (including importers) of 20 chemical substances that have been designated as a High-Priority Substance for risk evaluation under the Toxic Substances Control Act (TSCA) and for which fees will be charged. This document extends the comment period and window for self-identification by an additional 60- days, from March 27, 2020 to May 27, 2020.

The Environmental Protection Agency (EPA) is proposing to approve a Clean Air Act (CAA) section 111(d) plan submitted by the Oregon Department of Environmental Quality (ODEQ). This state plan establishes emission limits for existing municipal solid waste (MSW) landfills and provides for the implementation and enforcement of these limits. ODEQ submitted this state plan to fulfill its requirements under section 111(d) of the CAA in response to the EPA's promulgation of Emissions Guidelines and Compliance Times for MSW landfills.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Utah Division of Administrative Rules (DAR), specifically R307-101-3 submitted by the State of Utah on August 19, 2019, and R307-405-2 and R307-410-3 submitted by the State of Utah on December 16, 2019. The R307-101-3 submittal requests a State Implementation Plan (SIP) revision to change the date of the referenced Code of Federal Regulations (CFR) from July 1, 2016 to July 1, 2017. The R307-405-2 submittal revises the CFR date from the July 1, 2011 version to July 1, 2018 and the R307-410-3 submittal updates the version of the 40 CFR part 51, appendix W incorporated by reference from the July 1, 2005 version to the July 1, 2018 version. This action is being taken under the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Massachusetts. Except as noted, this revision satisfies the infrastructure requirements of the Clean Air Act (CAA) for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. We are proposing to issue a finding of failure to submit pertaining to various aspects of the prevention of significant deterioration (PSD) requirements of infrastructure SIPs. The Commonwealth has long been subject to a Federal Implementation Plan (FIP) regarding PSD, thus a finding of failure to submit will result in no state sanctions or further FIP requirements. We do not in this action address CAA requirements regarding interstate transport, because we previously approved the Commonwealth's submittal addressing these requirements for the 2015 ozone standard (January 31, 2020). This action is being taken in accordance with the Clean Air Act.

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: ``Notification of Chemical ExportsTSCA Section 12(b)'' and identified by EPA ICR No. 0795.16 and OMB Control No. 2070- 0030, represents the renewal of an existing ICR that is scheduled to expire on November 30, 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.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Filter Adoption Survey'' (EPA ICR No. 2615.01, OMB Control No. 2008-New) 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 request for approval of a new collection. 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 or the Agency) is announcing the availability of, and soliciting public comments on, the proposed ``baseline'' approval of the contact-handled (CH) transuranic (TRU) debris waste characterization program implemented by the Central Characterization Program (CCP) at the U.S. Department of Energy's (DOE) Lawrence Livermore National Laboratory (LLNL), in Livermore, California. On June 26, 2019, the DOE made a formal request for an EPA baseline inspection for LLNL CH TRU Waste Characterization Operations. The inspection supporting this proposed baseline approval took place on August 5-7, 2019, at LLNL and remotely. The EPA identified no findings or concerns and proposes to approve the LLNL CH TRU debris waste characterization program. The EPA's report documenting the inspection results and proposed baseline approval is available for review in the public docket listed in the ADDRESSES section of this document. Until the Agency finalizes its baseline approval decision, the DOE Carlsbad Field Office may not certify LLNL's waste characterization program and the site may not ship transuranic waste to the Waste Isolation Pilot Plant for disposal.

The Environmental Protection Agency (EPA) is approving a revision to the Chattanooga portion of the Tennessee State Implementation Plan (SIP), provided by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) from the Chattanooga/Hamilton County Air Pollution Control Bureau through a letter dated September 12, 2018. The submission revises the open burning regulations in the Chattanooga portion of the Tennessee SIP. EPA is approving the changes because they are consistent with the Clean Air Act (CAA or Act).

EPA issued a Notice of Availability of the draft National Pollutant Discharge Elimination System (NPDES) Great Bay Total Nitrogen General Permit for Wastewater Treatment Facilities in New Hampshire, published in the Federal Register on January 7, 2020. This notice reopens the comment period through April 8, 2020. Comments submitted anytime between January 7, 2020 and April 8, 2020 will be accepted and considered.

The Environmental Protection Agency (EPA) is approving portions of the Georgia and North Carolina State Implementation Plan (SIP) submissions provided on September 24, 2018, and September 27, 2018, respectively. The submissions pertain to the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2015 8-hour ozone national ambient air quality standard (NAAQS). Whenever EPA promulgates a new or revised NAAQS, the CAA requires that each state adopt and submit a SIP submission to establish that state's implementation plan meets infrastructure requirements for the implementation, maintenance, and enforcement of each such NAAQS. Georgia and North Carolina each made the required SIP submissions to assure that their SIPs contain provisions that ensure the 2015 8-hour ozone NAAQS is implemented, enforced, and maintained in their State. EPA has in this action determined that the Georgia and North Carolina infrastructure SIP submissions satisfy certain required infrastructure elements for the 2015 8-hour ozone NAAQS.

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD), on June 6, 2019, for the purpose of updating Georgia's rule titled Volatile Organic Compound (VOC) Emissions from Aerospace Manufacturing and Rework Facilities. EPA is taking final action on this Georgia SIP revision because it is consistent with the Clean Air Act (CAA or Act).

EPA is issuing a final rule to add Trichoderma reesei (T. reesei) strain QM6a and its derivatives and Bacillus amyloliquefaciens (B. amyloliquefaciens) subspecies (subsp.) amyloliquefaciens to the list of recipient microorganisms that may be used to qualify for the Tier I and Tier II exemptions from full notification and reporting procedures under the Toxic Substances Control Act (TSCA) for new microorganisms that are being manufactured for introduction into commerce. EPA received petitions to add T. reesei and B. amyloliquefaciens to the list of microorganisms eligible for the exemption from full notification and reporting procedures under the TSCA for new microorganisms. Based on EPA's evaluation of these petitions, EPA has made the determination that certain strains of both microorganisms will not present an unreasonable risk of injury to health or the environment when used as a recipient microorganism provided that certain criteria for the introduced genetic material and the physical containment conditions are met.

The Safe Drinking Water Act (SDWA), as amended in 1996, requires the Environmental Protection Agency (EPA) to make regulatory determinations every five years on at least five unregulated contaminants. A regulatory determination is a decision about whether or not to begin the process to propose and promulgate a national primary drinking water regulation (NPDWR) for an unregulated contaminant. A preliminary regulatory determination lays out and takes comment on EPA's view about whether certain unregulated contaminants meet three statutory criteria. After EPA considers public comment, EPA makes a final determination. The unregulated contaminants included in a regulatory determination are chosen from the Contaminant Candidate List (CCL), which the SDWA requires the EPA to publish every five years. The EPA published the fourth CCL (CCL 4) in the Federal Register on November 17, 2016. This document presents the preliminary regulatory determinations and supporting rationale for the following eight of the 109 contaminants listed on CCL 4: Perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), 1,1-dichloroethane, acetochlor, methyl bromide (bromomethane), metolachlor, nitrobenzene, and Royal Demolition eXplosive (RDX). The Agency is making preliminary determinations to regulate two contaminants (i.e., PFOS and PFOA) and to not regulate six contaminants (i.e., 1,1-dichloroethane, acetochlor, methyl bromide, metolachlor, nitrobenzene, and RDX). The EPA seeks comment on these preliminary determinations. The EPA is also presenting an update on three other CCL 4 contaminants (strontium, 1,4-dioxane, and 1,2,3- trichloropropane).

The Environmental Protection Agency (EPA) is announcing the availability of new modeling, meteorological and emissions information and data contained in a package submitted to EPA by the Commonwealth of Pennsylvania on February 5, 2020 in support of the Indiana, Pennsylvania state implementation plan (SIP, or Attainment Plan) for the 2010 sulfur dioxide (SO2) primary National Ambient Air Quality Standard (NAAQS). EPA will be evaluating this information as well as any public comments received to take final action on the Attainment Plan. The modeling and large data files submitted are not provided in the docket but are available upon request by contacting the person named in the FOR FURTHER INFORMATION CONTACT section.

This regulation establishes an exemption from the requirement of a tolerance for residues of Chrysodeixis includens nucleopolyhedrovirus isolate #460 in or on all food commodities when used in accordance with label directions and good agricultural practices. AgBiTech Pty Ltd. 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 Chrysodeixis includens nucleopolyhedrovirus isolate #460 in or on all food commodities under FFDCA.

This action finalizes the residual risk and technology review (RTR) conducted for the Stationary Combustion Turbines source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, we are taking final action addressing requirements during periods of startup, shutdown, and malfunction (SSM) and to add electronic reporting requirements. The EPA is finalizing our proposed determination that the risks from this source category due to emissions of air toxics are acceptable and that the existing NESHAP provides an ample margin of safety to protect public health. The EPA is also finalizing our proposed determination that we identified no new cost-effective controls under the technology review that would achieve further emissions reductions from the source category.

Notice is hereby given that the State of Alabama is revising its approved Public Water System Supervision Program. Alabama has adopted drinking water regulations for the Revised Total Coliform Rule. The Environmental Protection Agency (EPA) has determined that Alabama's regulations are no less stringent than the federal rule and the revision otherwise meets applicable Safe Drinking Water Act requirements. Therefore, EPA intends to approve this revision to the State of Alabama's Public Water System Supervision Program.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``State Review Framework (EPA ICR No. 2185.07, OMB Control No. 2020-0031) 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. Public comments were previously requested via the Federal Register on September 17, 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.

This regulation establishes a tolerance for residues of trifloxystrobin in or on pea and bean, dried shelled, except soybean, subgroup 6C. Bayer CropScience requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the District of Columbia. This revision pertains to a negative declaration for the October 2016 Oil and Natural Gas Control Techniques Guideline (CTG) (2016 Oil and Gas CTG). This action is being taken under the Clean Air Act (CAA).