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

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Toxic Chemical Release Reporting (EPA ICR Number 2613.02, OMB Control Number 2070-0212) 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 July 31, 2020. 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) has submitted an information collection request (ICR), NESHAP for Group IV Polymers and Resins (EPA ICR Number 2457.04, OMB Control Number 2060-0682), 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 September 30, 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.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), The Consolidated Air Rule (CAR) for the Synthetic Organic Chemical Manufacturing Industry (SOCMI) (EPA ICR Number 1854.11, OMB Control Number 2060-0443), 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 September 30, 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.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), National Estuary Program (EPA ICR Number 1500.10, OMB Control Number 2040-0138) 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 September 30, 2020. Public comments were previously requested via the Federal Register on December 26, 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) issued a proposed rule in the Federal Register of February 20, 2020, concerning establishment of a federal permit program for disposal of coal combustion residuals (CCR). EPA has decided to reopen the comment period to allow submittal of additional comments on the proposal.

This regulation establishes an exemption from the requirement of a tolerance for residues of long chain alcohols when used as inert ingredients (carrier/adjuvant and coating agent/binder) in pesticide products applied to/on all growing crops and raw agricultural commodities after harvest, and to/on animals, and in certain antimicrobial formulations. Spring Trading Company on behalf of Sasol Chemicals (USA) LLC., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of certain long chain alcohols when used in accordance with these exemptions.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel certain pesticide product registrations and to amend certain product registrations to terminate uses. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled and uses terminated only if such sale, distribution, or use is consistent with the terms as described in the final order.

This notice announces the availability of EPA's proposed interim registration review decisions and opens a 60-day public comment period on the proposed interim decisions for naphthalene and para- dichlorobenzene (PDCB).

Illinois 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 Illinois' application and has determined 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.

On June 2, 2020, the Environmental Protection Agency (EPA) issued a final rule entitled ``Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area Requirements; Phoenix-Mesa, Arizona.'' That publication inadvertently omitted from the regulatory text the disapproval of the portion of the ``MAG 2017 Eight-Hour Ozone Moderate Area Plan for the Maricopa Nonattainment Area (December 2016)'' (``MAG 2017 Ozone Plan'') that addresses the requirements for contingency measures for failure to attain or to make reasonable further progress (RFP). This document corrects this error in the regulatory text.

The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by the State of Missouri on January 15, 2019, and supplemented by letter on July 11, 2019. Missouri requests that the EPA remove a rule related to the control of emissions from polyethylene bag sealing operations in the St. Louis, Missouri area from its SIP. This removal does not have an adverse effect on air quality. The EPA's proposed approval of this rule revision is in accordance with the requirements of the Clean Air Act (CAA).

This regulation decreases the tolerance for residues of ethalfluralin in or on potato. Gowan Company requested this tolerance modification under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action requires persons to notify EPA least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. The required notification initiates EPA's evaluation of the chemical under the conditions of use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required as a result of that determination.

This action finalizes the residual risk and technology review (RTR) conducted for the Taconite Iron Ore Processing source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, we are taking final action addressing the exemptions previously allowed for periods of startup, shutdown, and malfunction (SSM) and clarifying that the emissions standards apply at all times. These final amendments include no revisions to the numerical emission limits of the rule based on the RTR. The amendments add electronic reporting of performance test results and compliance reports and make minor technical corrections and amendments to monitoring and testing requirements that will reduce the compliance burden on industry while continuing to be protective of the environment. While the amendments do not result in quantifiable reductions in emissions of hazardous air pollutants (HAP), this action results in improved monitoring, compliance, and implementation of the rule.

The Environmental Protection Agency (EPA) Region 5 is issuing a Notification of Intent to Delete the Scrap Processing Co., Inc. Superfund Site (Scrap Processing Site or Site) located in Medford, Wisconsin, 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 Wisconsin, through the Wisconsin Department of Natural Resources (WDNR), have determined that all appropriate response actions under CERCLA, other than operation and maintenance, monitoring institutional controls, and five-year reviews, have been completed at the Scrap Processing Site. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 4 is proposing to Delete 134-acres of the 140-acre Macalloy Corporation Superfund Site (Site) located at 1800 Pittsburgh Avenue, North Charleston, South Carolina 29405 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 South Carolina, through the South Carolina Department of Health and Environmental Control (SCDHEC), have determined that all appropriate response actions at these identified parcels under CERCLA, other than groundwater monitoring and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to 134-acres. The remaining 6-acres with groundwater concentrations above the 100 ug/L Maximum Contaminant Level (MCL) for total chromium will remain on the NPL and is not being considered for deletion as part of this action.

Pursuant to the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maine. On February 18, 2020, the State submitted their 1997 ozone national ambient air quality standards (NAAQS) Limited Maintenance Plans (LMPs) for the Portland and Midcoast areas. EPA is proposing to approve the Portland and Midcoast LMPs because they provide for the maintenance of the 1997 ozone NAAQS through the end of the second 10-year portion of the maintenance period. The effect of this action will be to make certain commitments related to maintenance of the 1997 ozone NAAQS in the Portland and Midcoast maintenance areas part of the Maine SIP and therefore federally enforceable.

Under the Toxic Substances Control Act (TSCA), the Environmental Protection Agency (EPA) is finalizing amendments to the significant new use rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances that were proposed on January 21, 2015; an amendment to a SNUR for perfluoroalkyl sulfonate chemical substances that was proposed on January 21, 2015; and an amendment to make inapplicable the exemption for persons who import a subset of LCPFAC chemical substances as part of surface coatings on articles, which was proposed on March 3, 2020. This final rule requires persons to notify EPA at least 90 days before commencing the manufacture (including import) or processing of these chemical substances for the significant new uses described in this notice. The required significant new use notification initiates EPA's evaluation of the conditions of use associated with the significant new use. Manufacturing (including import) or processing for the significant new use are prohibited from commencing until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination. As with any SNUR, this final rule excludes ongoing uses. Ongoing uses cannot be subject to a SNUR.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is given of a proposed consent decree in Our Children's Earth Foundation v. Wheeler, No. 3:19-cv-07125 (N.D. Cal.). On October 29, 2019, Our Children's Earth Foundation filed a complaint in the United States District Court for the Northern District of California, alleging that the Administrator of the United States Environmental Protection Agency (``EPA'') failed to perform non- discretionary duties to review the existing New Source Performance Standards (``NSPS'') governing Secondary Lead Smelters (``Secondary Lead Smelters NSPS''); Lead-Acid Battery Manufacturing Plants (``Lead- Acid Battery Manufacturing NSPS''); Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines (``Industrial Surface Coating of Plastic Parts for Business Machines NSPS''); and Automobile and Light Duty Truck Surface Coating Operations (``Automobile and Light Duty Truck Surface Coating Operations NSPS''), and to review the existing National Emission Standards for Hazardous Air Pollutants (``NESHAP'') governing Dry Cleaning Facilities: National Perchloroethylene Air Emission Standards (``Dry Cleaning Facilities NESHAP''); Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources (``Paint Stripping and Miscellaneous Surface Coating Operations NESHAP''), and Lead Acid Battery Manufacturing Area Sources (``Lead Acid Battery Manufacturing NESHAP''). The proposed consent decree would establish deadlines for EPA to take action on these source categories.

The Environmental Protection Agency (EPA) is announcing a 30- day public comment period on documents associated with a Report on Physiologically Based Pharmacokinetic (PBPK) Modeling for Chloroprene and a Supplemental Analysis of Metabolite Clearance. These documents will undergo independent external scientific peer review managed by Versar (https://www.versar.com/), an EPA contractor. Public comments on the documents associated with the PBPK modeling will be provided to the external peer reviewers. Versar will convene a virtual meeting of the peer reviewers, which will be open to the public and include an opportunity to provide oral comments. In preparation for the external peer review, EPA is also announcing a 30-day public comment period on the pool of candidates to conduct the external peer review of the documents identified above. Versar will consider public comments on these candidates and evaluate any conflicts of interest and/or appearance of lack of impartiality, and will then select nine independent experts from the pool of 19 candidates. Information on the external peer review process, including details on how to provide comments on the proposed pool of candidates, is further described in this notice. Once complete, the final peer review report will be used to inform EPA's Reconsideration of a 2017 Request for Correction related to the Integrated Risk Information System (IRIS) assessment of chloroprene.

The Environmental Protection Agency (EPA) is updating the regulatory materials incorporated by reference into the Idaho State Implementation Plan (SIP). The regulations addressed in this action were previously submitted by the Idaho Department of Environmental Quality and approved by the EPA in prior rulemakings. This action is an administrative change that updates the SIP materials available for public inspection at the EPA Regional Office and the National Archives and Records Administration.

The U.S. Environmental Protection Agency (EPA or the Agency) is issuing a technical amendment to update the program websites for trade secrecy regulations. This action amends the regulations to remove the outdated substantiation form for trade secrecy claims from the Code of Federal Regulations. The most current substantiation form is posted on EPA program websites. The Agency is also including clarification within a note in the regulations for state coordination of emergency response.

This action finalizes the residual risk and technology review (RTR) conducted for the Rubber Tire Manufacturing source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, we are taking final action to add electronic reporting of performance test results and reports, compliance reports, and Notification of Compliance Status (NOCS) reports and to remove the provision that exempts emissions from compliance with the standards during periods of startup, shutdown, and malfunction (SSM). These amendments are made under the authority of the Clean Air Act (CAA) and will improve effectiveness of the rule. The amendments are environmentally neutral.

Under 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency (EPA) has entered into an Administrative Settlement Agreement and Order on Consent for Removal Actions with Ward Transformer Co. Inc., Ward Ventures, LLC and Reward Properties, LLC (collectively ``Ward'') concerning the Ward Transformer Superfund Site located in Raleigh, North Carolina. The settlement addresses recovery of CERCLA costs for a cleanup action performed by the EPA at the Site.