Environmental Protection Agency September 16, 2020 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), titled, National Volatile Organic Compounds Emission Standards for Architectural Coatings to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the 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 June 30, 2021. 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 Clean Water Act (CWA) established the Section 404 program, under which the U.S. Army Corps of Engineers (Corps) may issue permits for the discharge of dredged or fill material into ``waters of the United States,'' as identified in the CWA. Section 404(g)(1) of the CWA authorizes states and tribes to administer their own permit program for the discharge of dredged or fill material into navigable waters, other than those waters that the CWA reserves as subject to Corps jurisdiction. On August 20, 2020, the Environmental Protection Agency (EPA) received from the Governor of the State of Florida, a complete program submission for regulating discharges of dredged or fill material into waters within the jurisdiction of the State in accordance with the CWA. Pursuant to CWA Section 404(h) and EPA's implementing regulations, EPA will hold public hearings and is opening a 45-day comment period. EPA is also initiating a programmatic consultation under Section 106 of the National Historic Preservation Act (NHPA) and is soliciting comments pursuant to NHPA implementing regulations during the 45-day comment period.

The Environmental Protection Agency (EPA) has determined that the Los Angeles-South Coast Air Basin nonattainment area failed to attain the 2006 24-hour fine particulate matter (``PM2.5'') national ambient air quality standards by the December 31, 2019 ``Serious'' area attainment date. This determination is based on ambient air quality monitoring data from 2017 through 2019. As a result of this determination, the State of California is required to submit a revision to the California State Implementation Plan (SIP) that, among other elements, provides for expeditious attainment within the time limits prescribed by regulation and provides for a five percent annual reduction in the emissions of direct PM2.5 or a PM2.5 plan precursor pollutant. We are also correcting an error in the table of California area designations for the 2006 PM2.5 national ambient air quality standards.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by Missouri on February 5, 2019. Missouri requested that EPA revise its approved plan which restricts emission of lead from specific lead smelter-refinery installations. The revisions remove emission restrictions for a facility that is no longer operating, update a reference to the Federal National Emissions Standard for Hazardous Air Pollutants (NESHAP) for secondary lead smelters, and update incorporation by reference to testing methods. Minor editorial revisions have also been made for clarity. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plans (SIP) for Florida, Georgia, the Jefferson County portion of Kentucky, Mississippi, North Carolina, and South Carolina. The SIP revisions incorporate changes to the definition of chemical process plants under the States' Prevention of Significant Deterioration (PSD) regulations. Consistent with an EPA regulation completed in 2007, EPA is approving the rules for Florida, Georgia, the Jefferson County portion of Kentucky, Mississippi, North Carolina, and South Carolina that modify the definition of chemical process plant to exclude ethanol manufacturing facilities that produce ethanol by natural fermentation processes. Approving these modified definitions clarifies that the PSD major source applicability threshold in the SIPs for these ethanol plants is 250 tons per year (tpy) (rather than 100 tpy) and removes the requirement to include fugitive emissions when determining if the source is major for PSD. EPA concludes that the changes to the state and local rules are approvable because the Agency believes that they are consistent with EPA regulations governing state PSD programs and will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171 of the Clean Air Act (CAA or Act)), or any other applicable requirement of the CAA.

The Environmental Protection Agency (EPA) is taking final action to approve 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, reasonably available control measures, contingency measures, and motor vehicle emissions budgets. The EPA is taking final action to approve these submittals as meeting all the applicable ozone nonattainment area requirements except for the contingency measure requirements, for which the EPA is deferring action.

EPA issued final significant new use rules (SNURs) in the August 3, 2020 Federal Register for chemical substances that were the subject of premanufacture notices (PMNs). EPA incorrectly identified the Chemical Abstracts Service Registry Number (CASRN) for the chemical substance that was the subject of PMN P-19-24. This technical correction is being issued to correct this error.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, 2-methyl-, polymer with 2,5-furandione and 2,4,4-trimethyl-1-pentene, potassium salt; when used as an inert ingredient in a pesticide chemical formulation. Solvay USA, Inc. 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 2-propenoic acid, 2-methyl-, polymer with 2,5-furandione and 2,4,4-trimethyl-1-pentene, potassium salt on food or feed commodities.

The Commonwealth of Kentucky (Commonwealth or State) has applied to the Environmental Protection Agency (EPA) for final approval of its Underground Storage Tank (UST) program under Subtitle I of the Resource Conservation and Recovery Act (RCRA or Act). The EPA has reviewed the Commonwealth's application (State Application) and has made a final determination that the Commonwealth's UST program (UST Program) described in the State Application satisfies all the requirements necessary to qualify for final approval. Thus, the EPA is granting final approval to the State to operate its UST Program for petroleum and hazardous substances. On July 1, 2020, the EPA provided notification and an opportunity for comment on the Agency's tentative determination to approve the State's UST Program. No comments were received on the Agency's tentative determination and no further opportunity for comment will be provided.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Feather River Air Quality Management District (FRAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from vehicle and mobile equipment coating operations. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

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 October 18, 2019. This SIP revision makes minor edits to the Georgia rule prescribing permitting requirements. EPA has evaluated Georgia's submittal and determined that it meets the applicable requirements of the Clean Air Act (CAA or Act) and applicable regulations.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri. This final action will amend the SIP to revise a Missouri regulation that restricts emissions of volatile organic compounds (VOCs) from industrial surface coating operations in Clay, Jackson, and Platte Counties in Missouri. Specifically, the revisions to the rule remove restrictive words, adds exemptions, includes definitions specific to the rule, corrects test method references, removes obsolete requirements specific to sources that have closed, changes sections to the standard rule format, and makes minor clarifications and grammatical changes. The exemptions were added to make this rule consistent with the St. Louis version of this rule, 10 Code of State Regulation (CSR) 10- 5.330 Industrial Surface Coating Operations. These exemptions are not expected to result in an emission increase. The other revisions are administrative in nature and do not impact the stringency of the SIP or air quality. The EPA's approval of this rule revision is in accordance with the requirements of the Clean Air Act (CAA).

The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has submitted updated regulations for receiving delegation and approval of a program for the implementation and enforcement of certain New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources (both Title V and non-Title V sources). These updated regulations apply to certain NSPS promulgated by the EPA, as amended between September 14, 2013 and January 23, 2017; certain NESHAP promulgated by the EPA, as amended between September 14, 2013 and January 23, 2017; and other NESHAP promulgated by the EPA, as amended between September 14, 2013 and January 23, 2017, as adopted by the ABCAQCB. The EPA is providing notice that it is updating the delegation of certain NSPS to ABCAQCB and taking proposed action to approve the delegation of certain NESHAP to ABCAQCB. The delegation of authority under this action does not apply to sources located in areas defined as Indian Country.