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

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act., as amended (``CERCLA''), notice is hereby given of a proposed administrative settlement for recovery of past and projected future response costs concerning the Hamilton/Labree Roads Groundwater Contamination Site in Chehalis, Washington, with the following settling party: S.C. Breen Construction Company. The settlement requires the settling party to pay $3,250,000 to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling party. For thirty (30) days following the date of publication of this document, the Agency will receive written comments relating to the settlement. The Agency will consider all comments and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available electronically for public inspection at https://www.regulations.gov.

The Environmental Protection Agency (EPA) is proposing to approve, through parallel processing, a draft source-specific State Implementation Plan (SIP) revision submitted by the State of North Carolina Department of Environmental Quality, Division of Air Quality (DAQ) through a letter dated June 24, 2020. North Carolina's June 24, 2020, draft source-specific SIP revision requests that EPA incorporate into the SIP more stringent sulfur dioxide (SO2) permit limits than those currently contained in the SIP for the Blue Ridge Paper Products, LLC (also known as BRPP) facility located in the Beaverdam Township Area of Haywood County, North Carolina. Specifically, EPA is proposing to approve, into the SIP, specific SO2 permit limits and associated operating restrictions, monitoring, recordkeeping, reporting (MRR) and testing compliance requirements established in a BRPP title V operating permit as permanent and enforceable SO2 control measures. North Carolina submitted these limits to support its recommendation that EPA designate the Beaverdam Township Area as ``attainment/unclassifiable'' under the 2010 primary SO2 national ambient air quality standard (NAAQS or standard) (also referred to as the 2010 1-hour SO2 NAAQS). The purpose of this rulemaking is not to take action on whether these SO2 emissions limits are adequate for EPA to designate the Beaverdam Township Area as attainment under the 2010 1-hour SO2 NAAQS. Instead, EPA will determine the air quality status and designate remaining undesignated areas for the 2010 1-hour SO2 NAAQS, including the Beaverdam Township Area, in a separate action. This proposed SIP approval does not prejudge that future designation action.

EPA is proposing to correct an error in EPA's regulations for test procedures used in the Corporate Average Fuel Economy (CAFE) program finalized in a 2012 rulemaking. EPA established the procedures under the general provisions of Energy Policy and Conservation Act (EPCA) which authorize EPA to establish test and calculation procedures for CAFE. The correction clarifies the method for how flex-fuel vehicles are accounted for in manufacturer fuel economy calculations in model years 2020 and later. This correction allows the program to be implemented as originally intended in the 2012 rule. This proposed action is not expected to result in any significant changes in regulatory burdens or costs. In the ``Rules and Regulations'' section of this Federal Register, we are taking direct final action without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), The National Oil and Hazardous Substances Pollution Contingency Plan Regulation (EPA ICR Number 1664.12, OMB Control Number 2050-0141) 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 October 31, 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.

This notice announces that the Environmental Protection Agency issued a final permit decision under Title V of the Clean Air Act (CAA) to Veolia ES Technical Solutions, LLC (Veolia) for the operation of Veolia's Sauget, Illinois, hazardous waste treatment, storage and disposal facility.

Notice is hereby given that the Commonwealth of Kentucky is revising its approved Public Water System Supervision Program. Kentucky has adopted drinking water regulations for the Interim Enhanced Surface Water Treatment Rule, Lead and Copper Rule Minor Revisions, Filter Backwash Recycling Rule, and Revised Total Coliform Rule. The Environmental Protection Agency (EPA) has determined that Kentucky's regulations are no less stringent than these federal rules and the revisions otherwise meet applicable Safe Drinking Water Act requirements. Therefore, the EPA intends to approve these revisions to the Commonwealth of Kentucky's Public Water System Supervision Program.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR) Standards for Pesticide Containers and Containment'' (EPA ICR Number 1632.06 and OMB Control Number 2070- 0133) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). This is a proposed extension of the ICR, which is currently approved through October 31, 2020. Public comments were previously requested via the Federal Register on December 3, 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 making a final determination to approve two Site Specific Flexibility Requests (SSFRs) from Cocopah Landfill, Inc. (CLI), a subsidiary of Republic Services, Inc. (Republic), to close and monitor the Cocopah Landfill. The Cocopah Landfill is located within Indian Country on the Cocopah Indian Reservation near Somerton, Arizona and was operated by Republic and its predecessors from the 1960's to the present. EPA is promulgating a site-specific rule proposed on May 6, 2020, that approves an alternative final cover and an alternative location for the storage of facility records.

Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of New Mexico's Underground Storage Tank (UST) program submitted by the State. EPA has determined that these revisions satisfy all requirements needed for program approval. This action also codifies EPA's approval of New Mexico's State program and incorporates by reference those provisions of the State regulations that we have determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under Subtitle I of RCRA sections 9005 and 9006 and other applicable statutory and regulatory provisions.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Chemical-Specific Rules under the Toxic Substances Control Act Section 8(a); Certain Nanoscale Materials 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 August 31, 2020. Public comments were previously requested via the Federal Register on January 28, 2020 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.

EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

This notice announces EPA's order for the cancellations and amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a February 4, 2020 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II to voluntarily cancel and amend to terminate uses of these product registrations. In the February 4, 2020 notice, EPA indicated that it would issue an order implementing the cancellations and amendments to terminate uses, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency did not receive any comments on the notice. Further, the registrant for 1007-99, 1007-100 and 1007-1001 did withdraw their requests to cancel these product registrations; therefore, these product registrations have been removed from this notice. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and amendments to terminate uses. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

Pursuant to the Federal Advisory Committee Act (FACA), the Environmental Protection Agency (EPA) is announcing a virtual, open, public meeting of the Farm, Ranch, and Rural Communities Advisory Committee (FRRCC) on September 10-11, 2020, with remote participation only. There will be no in-person gathering for this meeting.

EPA is revoking the significant new use rule (SNUR) issued under the Toxic Substances Control Act (TSCA) for the chemical substance identified generically as alpha 1-, 3-polysaccharide, which was the subject of premanufacture notice (PMN) P-16-581. EPA issued a SNUR based on this PMN which designated certain activities as significant new uses. EPA is revoking the SNUR based on new test data for the chemical substance.

The Environmental Protection Agency (EPA), Office of Research and Development (ORD), gives notice of a virtual meeting of the Board of Scientific Counselors (BOSC) Safe and Sustainable Water Resources (SSWR) Subcommittee to review the initial progress on implementation of the FY 19-22 SSWR Strategic Research Action Plan (StRAP).

On January 31, 2013, the U.S. Environmental Protection Agency (EPA) finalized amendments to the national emission standards (NESHAP) for the control of hazardous air pollutants (HAP) at major sources from new and existing industrial, commercial, and institutional (ICI) boilers and process heaters. Subsequently, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), in a decision issued in July 2016, remanded several of the emission standards to the EPA based on the court's review of the EPA's approach to setting those standards. In response to these remands, this action proposes to amend several numeric emission limits for new and existing boilers and process heaters consistent with the court's opinion and set compliance dates for these new emission limits. The court also remanded for further explanation the Agency's use of carbon monoxide (CO) as a surrogate for organic HAP and, in a subsequent decision in March 2018, remanded for further explanation the Agency's use of a CO threshold to represent the application of the maximum achievable control technology (MACT) for organic HAP. The proposed changes to the emissions limits will protect air quality and promote public health by reducing emissions of the HAP listed in the Clean Air Act (CAA). This action also addresses the two issues remanded to the EPA for further explanation. We are also proposing several technical clarifications and corrections.

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 Center for Biological Diversity, et al., v. Wheeler, No. 3:20-cv- 00448 (N.D. Cal.). On January 22, 2020 and February 19, 2020, the Center for Biological Diversity and the Center for Environmental Health (collectively, Plaintiffs) filed a complaint and a first amended complaint, respectively, 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 certain non-discretionary duties. First, Plaintiffs allege that EPA failed to issue a finding of failure to submit for state implementation plans (SIPs) addressing reasonably available control technology (RACT) for volatile organic compounds (VOC) from sources covered by the 2016 Oil and Gas control techniques guideline (CTG) for the 2008 ozone National Ambient Air Quality Standards (NAAQS) for states and areas listed in the First Amended Complaint within six months after the SIP due date. Second, Plaintiffs allege that EPA failed to take final action to approve or disapprove, in whole or in part, Oil and Gas CTG SIPs for the 2008 and/ or 2015 ozone NAAQS submitted by various states for the nonattainment areas and ozone transport region (OTR) states listed in the First Amended Complaint. The proposed consent decree would establish deadlines for EPA to take specified actions.

Notice is hereby given that the Environmental Protection Agency (EPA) has posted our responses to certain state designation recommendations for the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard (NAAQS) on the Agency's website and electronic docket. These responses include our intended designations for the affected areas, specifically all remaining undesignated areas for the 2010 SO2 NAAQS in the United States. The EPA also invites the public to review and provide input on our intended designations during the comment period specified in the DATES section. The EPA sent its responses directly to the states on or about August 13, 2020. The EPA intends to make final designation determinations for the areas of the country addressed by these responses no later than December 31, 2020.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts. The revision provides Massachusetts' determination, via a negative declaration, that there are no facilities within its borders subject to EPA's 2016 Control Technique Guideline (CTG) for the oil and gas industry with respect to both the 2008 and 2015 Ozone National Ambient Air Quality Standards (NAAQS). The intended effect of this action is to approve this item into the non regulatory portion of the Massachusetts SIP. This action is being taken under the Clean Air Act.

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.

The Environmental Protection Agency (EPA) is requesting comment on an application from Honda Motor Company (``Honda'') 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. Honda has submitted an application that describes a methodology for determining off-cycle credits from technologies described in their application. Pursuant to applicable regulations, EPA is making this off-cycle credit calculation methodology available for public comment.

The Environmental Protection Agency (EPA) is extending the public comment period for the document titled, ``Availability of the IRIS Assessment Plan for Oral Exposure to Vanadium and Compounds.'' The original Federal Register document announcing the public comment period was published on July 24, 2020. The public science webinar will still convene on August 19, 2020.

This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the U.S. Department of Agriculture (USDA) a draft regulatory document concerning ``Pesticides; Exemptions of Certain Plant-Incorporated Protectants (PIPs) Derived from Newer Technologies.'' The draft regulatory document is not available to the public until after it has been signed and made available by EPA.

The Environmental Protection Agency (EPA) is proposing greenhouse gas (GHG) emission standards applicable to certain classes of engines used by certain civil subsonic jet airplanes with a maximum takeoff mass greater than 5,700 kilograms and by certain civil larger subsonic propeller-driven airplanes with turboprop engines having a maximum takeoff mass greater than 8,618 kilograms. These proposed standards are equivalent to the airplane CO2 standards adopted by the International Civil Aviation Organization (ICAO) in 2017 and would apply to both new type design airplanes and in-production airplanes. The standards proposed in this rule are the equivalent of the ICAO standards, consistent with U.S. efforts to secure the highest practicable degree of uniformity in aviation regulations and standards. The proposed standards would, if finalized, also meet the EPA's obligation under section 231 of the Clean Air Act to adopt GHG standards for certain classes of airplanes as a result of the 2016 ``Finding That Greenhouse Gas Emissions From Aircraft Cause or Contribute to Air Pollution That May Reasonably Be Anticipated To Endanger Public Health and Welfare'' (hereinafter ``2016 Findings'') for six well-mixed GHGs emitted by certain classes of airplane engines. Airplane engines emit only two of the six well-mixed GHGs, CO2 and nitrous oxide (N2O). Accordingly, EPA is proposing to use the fuel-efficiency-based metric established by ICAO, which reasonably serves as a surrogate for controlling both the GHGs emitted by airplane engines, CO2 and N2O.

The Environmental Protection Agency (EPA) is approving a revision to the Illinois State Implementation Plan (SIP) to meet the base year emissions inventory and motor vehicle inspection and maintenance (I/M) requirements of the Clean Air Act (CAA) for the Illinois portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin area (Chicago area) for the 2008 ozone national ambient air quality standard (NAAQS or standard). EPA is approving the State's submission as a SIP revision pursuant to section 110 and part D of the CAA and EPA's regulations because it satisfies the emissions inventory and I/M requirements for areas classified as moderate nonattainment for the 2008 ozone NAAQS. Final approval of the Illinois SIP as meeting the I/M requirements of the CAA for the 2008 ozone NAAQS permanently stops the Federal Implementation Plan (FIP) clock for that element, which was triggered by EPA's December 11, 2017 finding that Illinois failed to submit certain required SIP elements for the 2008 ozone NAAQS. EPA proposed to approve this action on April 23, 2020 and received no adverse comments on the emissions inventory and I/M SIP elements.