Environmental Protection Agency 2020 – Federal Register Recent Federal Regulation Documents

Pursuant to the Resource Conservation and Recovery Act (RCRA), the Environmental Protection Agency (EPA or the Agency) is proposing to approve in part the Texas Coal Combustion Residuals (CCR) permit program. After reviewing the state CCR permit program application, submitted by the Texas Commission on Environmental Quality (TCEQ), EPA has preliminarily determined that the Texas CCR permit program meets the standard for partial approval under RCRA. If approved, the Texas CCR permit program will operate in lieu of the federal CCR program, with the exception of the specific provisions noted below. This document announces that EPA is seeking comment on this proposal during a 60-day public comment period and will be holding a virtual public hearing on EPA's preliminary approval of the Texas partial CCR permit program.

EPA has received applications to register a new use for a pesticide product 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 the availability of EPA's proposed interim registration review decision for chlorpyrifos and opens a 60- day public comment period on the proposed interim decision, revised draft human health risk assessment and ecological risk assessment for chlorpyrifos.

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 United States Department of Agriculture (USDA) a draft regulatory document concerning ``Pesticide Product Performance Data Requirements for Products Claiming Efficacy Against Certain Invertebrate Pests.'' The draft regulatory document is not available to the public until after it has been signed and made available by EPA.

This action updates many of EPA's existing gasoline, diesel, and other fuel quality programs to improve overall compliance assurance and maintain environmental performance, while reducing compliance costs for industry and EPA. EPA is streamlining existing fuel quality regulations by removing expired provisions, eliminating redundant compliance provisions (e.g., duplicative registration requirements that are required by every EPA fuels program), removing unnecessary and out- of-date requirements, and replacing them with a single set of provisions and definitions that applies to all gasoline, diesel, and other fuel quality programs. This action does not change the stringency of the existing fuel quality standards.

The Environmental Protection Agency (EPA) is proposing to approve through parallel processing a state implementation plan (SIP) revision submitted by the State of California to address Clean Air Act (CAA or ``Act'') requirements for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS or ``standard'') in the Plumas County Moderate PM2.5 nonattainment area (``Portola nonattainment area''). The submitted SIP revision is the State's ``Proposed Portola PM2.5 Plan Contingency Measure SIP Submittal'' (``Proposed PM2.5 Plan Revision''), which includes a revised City of Portola ordinance regulating PM2.5 emission sources and the State's demonstration that this submission meets the Moderate area contingency measure requirement for the 2012 annual PM2.5 NAAQS in the Portola nonattainment area. The EPA is also proposing to approve the contingency measure element of the Moderate area attainment plan for the Portola nonattainment area, as revised and supplemented by the Proposed PM2.5 Plan Revision. Because the EPA is proceeding by parallel processing, the agency is proposing, in the alternative, to disapprove the contingency measure element of the Moderate area attainment plan if the State does not submit the final, adopted PM2.5 Plan Revision in substantially the same form before we take final action.

This regulation establishes an exemption from the requirement of a tolerance for residues of Adipic acid when used as an inert ingredient in antimicrobial pesticide formulations applied to food- contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils at an end-use concentration not to exceed 100 parts per million (ppm). Ecolab, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting establishment of an exemption from the requirement of a tolerance for adipic acid. This regulation eliminates the need to establish a maximum permissible level for residues of adipic acid when used in accordance with this exemption.

EPA (or the Agency) is finalizing its proposed decisions to not impose financial responsibility requirements under section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for facilities in three industry sectors: The electric power generation, transmission, and distribution industry, pursuant to EPA's proposal of July 29, 2019; the petroleum and coal products manufacturing industry, pursuant to EPA's proposal of December 23, 2019; and the chemical manufacturing industry, pursuant to EPA's proposal of February 21, 2020. Today's final rulemakings are based on the individual administrative records for each of the three proposed rulemakings, supported by additional analysis conducted in consideration of comments received in the public comment period for each proposed rule. In particular, after examining the existing environmental protections and regulations in place today and analyzing the Superfund program's experience cleaning up sites in each industry, the Agency concluded that facilities in these three industries operating under a modern regulatory framework do not present a level of risk that warrants financial responsibility requirements under CERCLA section 108(b). Today's final rulemakings are based on the record for these rulemakings, and do not affect EPA's authority to take a response or enforcement action under CERCLA with respect to any particular facility or industry, and do not affect the Agency's authorities that may apply to particular facilities under other environmental statutes. This combined final rulemaking comprises the Agency's final actions on each of the three proposed rules.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Air Emission Standards for Tanks, Surface Impoundment and Containers (EPA ICR Number 1593.11, OMB Control Number 2060-0318), 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 January 31, 2021. Public comments were previously requested, via the Federal Register on May 12, 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 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 has submitted an information collection request (ICR), NSPS for Onshore Natural Gas Processing Plants (EPA ICR Number 1086.12, OMB Control Number 2060- 0120), 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 January 31, 2021. Public comments were previously requested, via the Federal Register, on May 12, 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 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.

In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Sierra Club v. Wheeler, No. 2:20-cv-00725-SMB (D. AZ). On April 14, 2020, the Sierra Club filed a complaint in the United States District Court for the District of Arizona, alleging that the Environmental Protection Agency (EPA) failed to perform certain non-discretionary duties. Plaintiff alleges that EPA failed to take final action to approve, disapprove, conditionally approve, or approve in part and disapprove in part, Arizona's nonattainment plan SIP submission for the West Pinal nonattainment area for the PM10 National Ambient Air Quality Standards (NAAQS). The proposed consent decree would establish a deadline for EPA to take action on the remaining portions of the SIP submission.

In accordance with the Environmental Protection Agency (EPA) Administrator's October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed stipulated partial settlement agreement in the case of Natural Resources Defense Council v. Wheeler, et al., in the United States District Court for the District of Columbia (1:17-CV-02034). The Plaintiff filed its original case on October 3, 2017, alleging that EPA violated Section 7(a)(2) of the Endangered Species Act (ESA) by failing to consult on the effects to listed species of certain pesticide product registrations containing one of three pesticide active ingredientsacetamiprid (Claim One), dinotefuran (Claim Two), and imidacloprid (Claim Three). EPA and Natural Resources Defense Council (NRDC) are proposing to reach a settlement in the form of a Partial Stipulated Settlement Agreement. Defendant-Intervenor indicated that it takes no position on this proposed partial agreement. Among other provisions, the proposed partial stipulated settlement agreement between EPA and NRDC calls for EPA to complete an endangered species effects determination with respect to imidacloprid (Claim Three) by June 30, 2022. And, as appropriate, EPA will initiate consultation with the National Marine Fisheries Service and/or the Fish and Wildlife Service (Services).

The Environmental Protection Agency (EPA) is announcing the availability of and seeking public comment on an updated draft guidance document entitled ``Guidance for Plant Regulator Products and Claims, including Plant Biostimulants,'' which was originally issued for public review and comment in March 2019. Guidance documents are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. EPA updated the original draft guidance document in response to the public comments received on the original draft guidance document. EPA is seeking an additional round of public comment on this updated draft guidance document, which is intended to provide guidance on identifying product claims that are considered to be plant regulator claims by the Agency, thereby subjecting the products to regulation as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Examples are provided of both claims that are considered plant regulator claims and claims that are not considered plant regulator claims. This draft guidance document also contains a narrative discussion regarding current and previously registered plant regulator active ingredients and their modes of action. This draft guidance does not address or attempt to provide a regulatory definition for ``plant biostimulant'' or for ``nutritional chemical'' or to change any existing regulatory definitions. After considering the comments received on this draft updated guidance, EPA intends to issue a final guidance document.

The Environmental Protection Agency (EPA) is announcing the availability of and soliciting public comment on the draft scope document for the risk evaluation to be conducted for di-isodecyl phthalate (DIDP) (1,2-benzenedicarboxylic acid, 1,2-diisodecyl ester and 1,2-benzenedicarboxylic acid, di-C9-11-branched alkyl esters, C10- rich; Chemical Abstracts Service Registry Number (CASRN) 26761-40-0 and CASRN 68515-49-1), a category of chemical substances for which EPA received a manufacturer request for risk evaluation. The draft scope document for this category of chemical substances includes the conditions of use, hazards, exposures, and the potentially exposed or susceptible subpopulations EPA plans to consider in conducting the risk evaluation for this category of chemical substances. EPA is also asking the public to provide additional data or information that could be useful to the Agency in finalizing the scope of the risk evaluation.

The Environmental Protection Agency (EPA) is finalizing approval of State Implementation Plan (SIP) revisions submitted by the State of Utah on July 3, 2019, as supplemented on December 3, 2019, to satisfy certain regional haze requirements for the regional haze program's first implementation period (Utah SIP revisions). The EPA is approving the Utah SIP revision that provides an alternative to best available retrofit technology (BART) controls for nitrogen oxides (NOX) at the PacifiCorp Hunter and Huntington power plants. The EPA finds that the NOX BART Alternative for Hunter and Huntington achieves greater reasonable progress toward natural visibility conditions than BART, in accordance with the requirements of the Clean Air Act (CAA) and the EPA's Regional Haze Rule. In conjunction with this approval, we are withdrawing the Federal Implementation Plan (FIP) that addresses NOX BART for the Hunter and Huntington power plants that EPA promulgated in 2016. The EPA is also approving Utah's December 3, 2019 SIP supplement that requires reporting of all deviations from compliance with the applicable requirements under particulate matter (PM) BART and the NOX BART Alternative, including the emission limits for Hunter and Huntington. The EPA is taking these actions pursuant to sections 110 and 169A of the CAA.

This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to Research Triangle Institute in accordance with the CBI regulations. Research Triangle Institute has been awarded a contract to perform work for OPP, and access to this information will enable Research Triangle Institute to fulfill the obligations of the contract.

The Environmental Protection Agency (EPA) is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2020 reports to January 29, 2021. This is the final extension for the 2020 submission period only. The CDR regulations require manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on the manufacturing, processing, and use of the chemical substances.

The Environmental Protection Agency (EPA) is announcing the availability of the final Toxic Substances Control Act (TSCA) risk evaluation of Trichloroethylene (TCE). 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, without consideration of costs or other nonrisk factors. EPA has determined that specific conditions of use of TCE present an unreasonable risk of injury to health or the environment. For those conditions of use for which EPA has found an unreasonable risk, EPA must take regulatory action to address that unreasonable risk through risk management measures enumerated in TSCA. EPA has also determined that specific conditions of use do not present unreasonable risk of injury to health or the environment. For those conditions of use for which EPA has found no unreasonable risk to health or the environment, the Agency's determination is a final Agency action and is issued via order in the risk evaluation.

The Environmental Protection Agency (EPA) is approving the negative declarations submitted to satisfy the requirements of the Emission Guidelines and Compliance times for Municipal Solid Waste Landfills (MSW) for the City of Philadelphia, located in the Commonwealth of Pennsylvania, and the District of Columbia. The negative declaration certifies that there are no existing facilities in the City of Philadelphia or the District of Columbia that must comply with this rule.

In the Federal Register of October 30, 2020, EPA announced the availability of and sought public comment on a revised draft risk evaluation of C. I. Pigment Violent 29 under the Toxic Substances Control Act (TSCA). This document extends the comment period for 20 days, from November 30, 2020 to December 19, 2020.

The Environmental Protection Agency (EPA) is announcing a virtual workshop on the Fuels Regulatory Streamlining rule ahead of its implementation date of January 1, 2021.

Pursuant to the provisions of the Federal Advisory Committee Act, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held virtually December 9 and 11, 2020. The CHPAC advises the Environmental Protection Agency (EPA) on science, regulations and other issues relating to children's environmental health.

The Environmental Protection Agency (EPA) is announcing the availability of and soliciting public comment on a supplemental analysis to the draft risk evaluation of 1,4-dioxane under the Toxic Substances Control Act (TSCA). EPA conducts risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment without consideration of costs or other nonrisk factors, including an unreasonable risk to potentially exposed or susceptible subpopulations, under the conditions of use. This supplemental analysis has been developed in response to public and peer review comments on the draft risk evaluation, and includes additional conditions of use for 1,4-dioxane as a by-product in consumer products, as well as an analysis of recreational activities in ambient/surface water as an exposure pathway under all conditions of use included in the draft risk evaluation and this supplemental analysis. EPA is announcing the opening of a docket for a 20-day comment period to allow the public to review the supplemental analysis to the draft risk evaluation.

The Environmental Protection Agency (EPA) is finalizing a revision to the Northern Sierra Air Quality Management District (NSAQMD or ``District'') portion of the California State Implementation Plan (SIP). In this action, we are approving a rule submitted by the NSAQMD that governs the issuance of permits for stationary sources, which focuses on the preconstruction review and permitting of major sources and major modifications under part D of title I of the Clean Air Act (CAA or ``the Act'').