Environmental Protection Agency January 2021 – Federal Register Recent Federal Regulation Documents

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System (Renewal)
Document Number: 2021-01974
Type: Notice
Date: 2021-01-29
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System (EPA ICR Number 0801.25, OMB Control Number 2050- 0039), 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 19, 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Municipal Solid Waste Landfills (Renewal)
Document Number: 2021-01971
Type: Notice
Date: 2021-01-29
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Municipal Solid Waste Landfills (EPA ICR Number 2498.04, OMB Control Number 2060-0697), 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.
Environmental Impact Statements; Notice of Availability
Document Number: 2021-01957
Type: Notice
Date: 2021-01-29
Agency: Environmental Protection Agency
Environmental Impact Statements; Notice of Availability
Document Number: 2021-01365
Type: Notice
Date: 2021-01-22
Agency: Environmental Protection Agency
Air Plan Approval; KY; Gasoline Loading Facilities at Existing Bulk Terminals and New Bulk Plants
Document Number: 2021-00533
Type: Proposed Rule
Date: 2021-01-22
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet) on September 5, 2019. The revisions were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District) and include amendments related to the standards for existing gasoline loading facilities at bulk terminals and new gasoline loading facilities at bulk plants. The amendments to these standards replace a requirement for gasoline tank trucks to possess a valid Kentucky pressure vacuum test sticker with a requirement for specific vapor tightness testing and recordkeeping procedures, clarify rule applicability, and remove language stating that a pressure measuring device will be supplied by the District. EPA is proposing to approve the revisions because they are consistent with the Clean Air Act (CAA or Act).
Air Plan Approval; Maine; Infrastructure State Implementation Plan Requirements for the 2015 Ozone Standard and Negative Declaration for the Oil and Gas Industry for the 2008 and 2015 Ozone Standards
Document Number: 2021-00458
Type: Proposed Rule
Date: 2021-01-22
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision addresses the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2015 ozone National Ambient Air Quality Standards (NAAQS). Today's proposed action includes all elements of these infrastructure requirements except for the ``Good Neighbor'' or ``transport'' provisions, which will be addressed in a future action. 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. EPA is also proposing to approve State of Maine submittals of amendments to Chapter 110, Ambient Air Quality Standards, and of statutory conflict-of-interest provisions in 38 Maine Revised Statutes Annotated (MRSA) Section 341-A and 341-C. These two submittals support the state's infrastructure submittal for the 2015 ozone NAAQS. In addition, we are proposing to convert previous conditional approvals of the sub-element of section 110(a)(2)(E) that addresses State Board Requirements in Maine's infrastructure SIPs for the 2008 ozone; 2008 lead (Pb); 2010 nitrogen dioxide (NO2); 2010 sulfur dioxide (SO2); 1997, 2006, and 2012 fine particle (PM2.5) NAAQS to full approvals. We are also proposing to convert to full approval previous conditional approvals of section 110(a)(2)(A) (Emission limits and other control measures) in Maine's infrastructure SIPS for the 1997 and 2006 PM2.5. Finally, EPA is proposing to approve SIP revisions submitted by Maine that provide the state's determination, via a negative declaration for the 2008 and 2015 ozone standards, that there are no facilities within its borders subject to EPA's 2016 Control Technique Guideline (CTG) for the oil and gas industry. This action is being taken under the Clean Air Act.
TSCA Section 21 Petition for Rulemaking; Reasons for Agency Response; Denial of Requested Rulemaking
Document Number: 2021-00456
Type: Proposed Rule
Date: 2021-01-22
Agency: Environmental Protection Agency
This document provides the reasons for the Environmental Protection Agency's (EPA's) response to a petition it received under the Toxic Substances Control Act (TSCA) from the Center for Environmental Health, Cape Fear River Watch, Clean Cape Fear, Democracy Green, Toxic Free NC, and the NC Black Alliance on October 14, 2020. Generally, the petitioners requested that EPA initiate a rulemaking proceeding or issue an order under TSCA compelling health and environmental effects testing on 54 Per- and Polyfluoroalkyl Substances (PFAS) that the petitioners assert are manufactured by The Chemours Company (Chemours) at its chemical production facility in Fayetteville, North Carolina. The petitioners also request that EPA ask the National Academy of Sciences to create an independent science panel to oversee all aspects of the testing program requested by the petitioners. After careful consideration, EPA denied the TSCA petition for reasons discussed in this document.
Applying the Supreme Court's County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program
Document Number: 2021-01254
Type: Notice
Date: 2021-01-21
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or the Agency) is issuing a memorandum to provide guidance to the regulated community and permitting authorities on applying the recent decision of the United States Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020), in the Clean Water Act Section 402 National Pollutant Discharge Elimination System (NPDES) permit program for point source discharges that travel through groundwater before reaching a water of the United States. Consistent with EPA Guidance; Administrative Procedures for Issuance and Public Petitions, published in the Federal Register on October 19, 2020, EPA solicited public comments on the draft guidance for thirty days, beginning on December 10, 2020. EPA has developed a responsiveness summary to address major concerns and comments, and it is available in the docket for this action. This guidance does not have the force and effect of law and it does not bind the public in any way. By issuing this guidance, the Agency intends only to provide clarity to the public regarding existing requirements under the law or Agency policies.
Proposed Information Collection Request; Comment Request; Background Checks for Contractor Employees (Renewal)
Document Number: 2021-01241
Type: Notice
Date: 2021-01-21
Agency: Environmental Protection Agency
The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Background Checks for Contractor Employees (Renewal)'' (EPA ICR No. 2159.08, OMB Control No. 2030-0043) 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 September 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.
C.I. Pigment Violet 29; Final Toxic Substances Control Act (TSCA) Risk Evaluation; Notice of Availability
Document Number: 2021-01229
Type: Notice
Date: 2021-01-21
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is announcing the availability of the final Toxic Substances Control Act (TSCA) risk evaluation of C.I. Pigment Violet 29. 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 C.I. Pigment Violet 29 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 move 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.
Board of Scientific Counselors (BOSC) Air and Energy Subcommittee Meeting-February 2021
Document Number: 2021-01207
Type: Notice
Date: 2021-01-21
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA), Office of Research and Development (ORD), gives notice of a virtual meeting of the Board of Scientific Counselors (BOSC) Air and Energy (A-E) Subcommittee to review science for air quality decisions and next generation methods wildfire focus.
Board of Scientific Counselors (BOSC) Executive Committee Meeting-January 2021
Document Number: 2021-01206
Type: Notice
Date: 2021-01-21
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA), Office of Research and Development (ORD), gives notice of a virtual meeting of the Board of Scientific Counselors (BOSC) Executive Committee (EC) to review the draft reports of the Homeland Security (HS) and Safe and Sustainable Water Resources (SSWR) subcommittees. Due to unforeseen circumstances, EPA is announcing this meeting with less than 15 calendar days' notice.
Human Studies Review Board; Notification of Public Meetings
Document Number: 2021-01205
Type: Notice
Date: 2021-01-21
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA), Office of Research and Development announces the 2021 public meetings dates of the Human Studies Review Board (HSRB) to advise the Agency on the ethical and scientific review of research involving human subjects. Due to unforeseen circumstances, EPA is announcing this meeting with less than 15 calendar days' notice.
Board of Scientific Counselors (BOSC) Chemical Safety for Sustainability and Health and Environmental Risk Assessment Subcommittee Meeting-February 2021
Document Number: 2021-01204
Type: Notice
Date: 2021-01-21
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA), Office of Research and Development (ORD), gives notice of a series of virtual meetings of the Board of Scientific Counselors (BOSC) Chemical Safety for Sustainability and Health and Environmental Risk Assessment (CSS-HERA) Subcommittee to review the recent progress and activities for High- Throughput Toxicology (HTT), Rapid Exposure Modeling and Dosimetry (REMD), Virtual Tissue Modeling (VTM) and Adverse Outcome Pathway (AOP) progress on the CSS StRAP. Due to unforeseen circumstances, EPA is announcing this meeting with less than 15 calendar days' notice.
Proposed Information Collection Request; Renewal; EPA's Methane Challenge Program
Document Number: 2021-01070
Type: Notice
Date: 2021-01-19
Agency: Environmental Protection Agency
The Environmental Protection Agency is planning to submit a renewal information collection request (ICR), ``EPA's Natural Gas STAR and Methane Challenge Programs'' (EPA ICR No. 2547.01, OMB Control No. 2060-0722) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. Specifically, EPA is proposing to merge the ICR with ``EPA's Natural Gas STAR Program'' (EPA ICR No. 2004-0082, OMB Control No. 2060-0328). This is a renewal with modification of the existing ICR, which is currently approved through August 31, 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Brownfields Program-Accomplishment Reporting (Renewal)
Document Number: 2021-01065
Type: Notice
Date: 2021-01-19
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Brownfields Program Accomplishment Reporting (EPA ICR Number 2104.08, OMB Control Number 2050-0192) 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 June 18, 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.
Proposed Information Collection Request; Comment Request; Mobile Air Conditioner Retrofitting Program (Renewal)
Document Number: 2021-01062
Type: Notice
Date: 2021-01-19
Agency: Environmental Protection Agency
The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Mobile Air Conditioner Retrofitting Program (Renewal)'' (EPA ICR No. 1774.08, OMB Control No. 2060-0350) 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 August 31, 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.
Notice of Receipt of Petitions for a Waiver of the 2019 and 2020 Renewable Fuel Standards
Document Number: 2021-01017
Type: Notice
Date: 2021-01-19
Agency: Environmental Protection Agency
EPA has received a number of petitions last year for a waiver of the Renewable Fuel Standard (RFS) obligations that apply in 2019 and 2020. These petitions argue that recent events warrant EPA exercising its general waiver authority on the basis of severe economic harm. In late March, a group of small refineries requested a waiver of the 2019 and 2020 obligations of their individual small refineries. In April and May, the Governors of several states submitted three separate petitions for waivers of the nationwide volumes. The Clean Air Act grants EPA the discretion to waive the requirements of the RFS program in whole or in part if the Administrator determines, after notice and comment, that implementation of the applicable annual volume requirements would severely harm the economy or environment of a State, region, or the United States. EPA is inviting comment on the petitions we have received.
Delegation of Authority to the State of West Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants Standards and New Source Performance Standards
Document Number: 2021-00965
Type: Notice
Date: 2021-01-19
Agency: Environmental Protection Agency
On October 8, 2020, the Environmental Protection Agency (EPA) sent the State of West Virginia (West Virginia) a letter acknowledging that West Virginia's delegation of authority to implement and enforce the National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public, EPA is making available a copy of EPA's letter to West Virginia through this notice.
Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants Standards and New Source Performance Standards
Document Number: 2021-00964
Type: Notice
Date: 2021-01-19
Agency: Environmental Protection Agency
On October 8, 2020, the Environmental Protection Agency (EPA) sent the Commonwealth of Virginia (Virginia) a letter acknowledging that Virginia's delegation of authority to implement and enforce the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public, EPA is making available a copy of EPA's letter to Virginia through this notice.
Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984
Document Number: 2021-00678
Type: Rule
Date: 2021-01-19
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is finalizing amendments to the Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984. We are finalizing specific amendments that would allow owners or operators of storage vessels subject to the Standards of Performance for Volatile Organic Liquid Storage Vessels and equipped with either an external floating roof (EFR) or internal floating roof (IFR) to voluntarily elect to comply with the requirements specified in the National Emission Standards for Storage Vessels (Tanks)Control Level 2, as an alternative standard, in lieu of the requirements specified in the Standards of Performance for Volatile Organic Liquid Storage Vessels, subject to certain caveats and exceptions for monitoring, recordkeeping, and reporting.
Hazardous and Solid Waste Management System: Land Disposal Restrictions; Information for Petitioners Seeking a No-Migration Variance Under the RCRA Land Disposal Restrictions for Temporary Placement of Treated Hazardous Waste Within a Permitted Subtitle C Landfill
Document Number: 2021-00585
Type: Notice
Date: 2021-01-19
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is requesting comment on guidance on petitions for a No Migration Variance (NMV) under the Land Disposal Restrictions (LDRs) pursuant to the Resource Conservation and Recovery Act (RCRA). Under existing regulations, persons may apply for an NMV to allow for the land placement (e.g., landfill, impoundment, waste pile) of hazardous waste that, if approved, would allow for the placement of hazardous waste in such a unit where the waste does not meet applicable LDR treatment standards. This guidance provides information to persons applying for an NMV for a waste pile temporarily located within a RCRA-permitted landfill cell.
Air Plan Approval; North Carolina; Revisions to Exclusionary Rules and Permit Exemptions
Document Number: 2021-00534
Type: Proposed Rule
Date: 2021-01-19
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve portions of revisions to a State Implementation Plan (SIP) submitted by the State of North Carolina through the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ), on September 18, 2009, and July 10, 2019. These SIP revisions seek to modify the State's rules that define the categories of facilities that are exempted from Title V permitting requirements by limiting their potential emissions (``exclusionary rules'') and the categories of facilities that are exempted from the State's rules that address the permitting requirements for non-Title V facilities (``permit exemption rules''). EPA is proposing to approve this revision pursuant to the Clean Air Act (CAA or Act).
Air Plan Approval; California; Feather River Air Quality Management District
Document Number: 2021-00358
Type: Proposed Rule
Date: 2021-01-19
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Feather River Air Quality Management District (FRAQMD or ``District'') portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from surface preparation and clean-up operations. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the ``Act''). We are taking comments on this proposal and plan to follow with a final action.
National Emission Standards for Hazardous Air Pollutants: Polyvinyl Chloride and Copolymers Production Reconsideration; Reopening of a Comment Period
Document Number: 2021-00355
Type: Proposed Rule
Date: 2021-01-19
Agency: Environmental Protection Agency
On November 9, 2020, the U.S. Environmental Protection Agency (EPA) proposed a rule titled ``National Emission Standards for Hazardous Air Pollutants: Polyvinyl Chloride and Copolymers Production Reconsideration.'' The EPA is reopening the comment period on the proposed rule that closed on January 8, 2021. The comment period will reopen until February 8, 2021, to allow additional time for stakeholders to review and comment on the proposal.
E15 Fuel Dispenser Labeling and Compatibility With Underground Storage Tanks
Document Number: 2021-00203
Type: Proposed Rule
Date: 2021-01-19
Agency: Environmental Protection Agency
EPA currently requires fuel dispenser labels for gasoline- ethanol blends of greater than 10 volume percent (vol%) ethanol and up to 15 vol% ethanol (E15). The label was designed to alert consumers to the appropriate and lawful use of the fuel. EPA is co-proposing to either modify the E15 label or remove the label requirement entirely and seeking comment on whether state and local governments may be preempted from requiring different labels on fuel dispensers. To facilitate the proper storage of E15 in underground storage tank systems (USTs), EPA is proposing to modify the UST regulations to grant certain allowances for compatibility demonstration for storage of ethanol blends. EPA is also proposing compatibility requirements for future UST installations or component replacements that would ensure compatibility with higher blends of ethanol.
Air Plan Approval; Kansas; Removal of Kansas City, Kansas Reid Vapor Pressure Fuel Requirement
Document Number: 2021-00179
Type: Proposed Rule
Date: 2021-01-19
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing approval of revision to the Kansas State Implementation Plan (SIP), submitted by the Kansas Department of Health and the Environment (KDHE) on December 9, 2020. The proposed revision removes the Kansas City, Kansas seven pounds per square inch Reid Vapor Pressure (RVP) Fuel requirement which required gasoline sold in the Kansas City, Kansas area to have a seven pounds per square inch Reid Vapor Pressure from June 1 to September 15. The rest of the state is subject to the Clean Air Act (CAA) nine pounds per square inch Reid Vapor Pressure from June 1 to September 15. If approved the Kansas City, Kansas area would be subject to the Clean Air Act Reid Vapor Pressure Fuel requirement. In addition, EPA anticipates issuing a separate proposal for the Missouri side of the Kansas City metro area.
Comprehensive Environmental Response, Compensation, and Liability Act; Proposed Administrative Settlement Agreement for Recovery of Response Costs; “Delta Shipyard” Superfund Site in Houma, Terrebonne Parish, LA
Document Number: 2021-00751
Type: Notice
Date: 2021-01-14
Agency: Environmental Protection Agency
In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), notice is hereby given that a proposed administrative settlement agreement for recovery of response costs (``Proposed Agreement'') associated with the ``Delta Shipyard'' Superfund Site in Houma, Terrebonne Parish, Louisiana (``Site'') was executed by the Environmental Protection Agency (``EPA'') and is now subject to public comment, after which EPA may modify or withdraw its consent if comments received disclose facts or considerations that indicate that the Proposed Agreement is inappropriate, improper, or inadequate.
National Emission Standards for Hazardous Air Pollutants: Carbon Black Production Residual Risk and Technology Review and Carbon Black Production Area Sources Technology Review
Document Number: 2021-00233
Type: Proposed Rule
Date: 2021-01-14
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Carbon Black Production major source category. The proposal addresses the results of the residual risk and technology review (RTR) for this source category as required under the Clean Air Act (CAA). The proposed amendments address hazardous air pollutant (HAP) emissions that occur after the main unit filter of a carbon black production unit, as well as emissions from boilers and process heaters. The proposed amendments also address the startup, shutdown, and malfunction (SSM) provisions of the existing standards, and would require electronic reporting of certain notifications, performance test results, and semiannual reports. Additionally, the proposal addresses the results of the technology review for the Carbon Black Production Area Source NESHAP.
National Emission Standards for Hazardous Air Pollutants: Refractory Products Manufacturing Residual Risk and Technology Review
Document Number: 2021-00137
Type: Proposed Rule
Date: 2021-01-14
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is proposing amendments to address the results of the residual risk and technology review (RTR) that the EPA is required to conduct in accordance with the Clean Air Act (CAA) with regard to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Refractory Products Manufacturing. The EPA is proposing to find the risks due to emissions of air toxics from this source category under the current standards to be acceptable and that the standards provide an ample margin of safety to protect public health. We are proposing no revisions to the existing numerical emission limits based on these analyses; however, we are proposing new provisions for certain hazardous air pollutants (HAP). The EPA is also proposing to amend provisions addressing emissions during periods of startup, shutdown, and malfunction (SSM) and provisions addressing emissions during periods of scheduled maintenance; to amend provisions regarding electronic reporting of performance test results; and to make miscellaneous clarifying and technical corrections.
Pollutant-Specific Significant Contribution Finding for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units, and Process for Determining Significance of Other New Source Performance Standards Source Categories
Document Number: 2021-00389
Type: Rule
Date: 2021-01-13
Agency: Environmental Protection Agency
In this final action, the U.S. Environmental Protection Agency (EPA) is finalizing a significant contribution finding (SCF) for purposes of regulating source categories for greenhouse gas (GHG) emissions, under section 111(b) of the Clean Air Act (CAA) for electric generating units (EGUs), and in doing so, reaffirming that EGUs remain a listed source category. The EPA has reached that conclusion by articulating a framework under which source categories are considered to contribute significantly to dangerous air pollution due to their GHG emissions if the amount of those emissions exceeds 3 percent of total U.S. GHG emissions. The EPA is applying the 3-percent threshold to the EGU source category to demonstrate that GHG emissions from the EGU source category would contribute significantly to dangerous air pollution. While EGU GHG emissions exceed this threshold by a sufficient magnitude to warrant an SCF without more ado, the EPA has also, for completeness, analyzed EGU emissions under a secondary criteria framework, which also demonstrates the propriety of the SCF.
United States Department of Justice and Parties to Certain Litigation; Transfer of Data
Document Number: 2021-00324
Type: Notice
Date: 2021-01-12
Agency: Environmental Protection Agency
This notice announces that pesticide related information submitted to the Environmental Protection Agency (EPA) 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 the U.S. Department of Justice (DOJ) and parties to certain litigation. This transfer of data is in accordance with the CBI regulations governing the disclosure of potential CBI in litigation.
Product Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses; Amendment
Document Number: 2021-00322
Type: Notice
Date: 2021-01-12
Agency: Environmental Protection Agency
EPA issued a notice in the Federal Register of March 19, 2019, concerning the cancellations voluntarily requested by the registrants and accepted by the Agency but have not yet become effective. This notice is being issued to amend the cancellation order, as requested by the registrant, by amending the effective date of the cancellation and the existing stocks provision for the two triadimefon registrations (264-736 and 264-740).
Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area Requirements; Western Nevada County, California
Document Number: 2020-28885
Type: Proposed Rule
Date: 2021-01-12
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve, or conditionally approve, all or portions of a state implementation plan (SIP) revision submitted by the State of California to meet Clean Air Act (CAA or ``Act'') requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') in the Nevada County (Western part), California ozone nonattainment area (``Western Nevada County''). The SIP revision is the ``Ozone Attainment Plan, Western Nevada County, State Implementation Plan for the 2008 Primary Federal 8-Hour Ozone Standard of .075 ppm'' (``2018 Western Nevada County Ozone Plan'' or ``Plan''). The 2018 Western Nevada County Ozone Plan addresses the Serious nonattainment area requirements for the 2008 ozone NAAQS, including the requirements for emissions inventories, attainment demonstration, reasonable further progress, reasonably available control measures, and contingency measures, among others; and establishes motor vehicle emissions budgets. The EPA is proposing to approve the 2018 Western Nevada County Ozone Plan as meeting all the applicable ozone nonattainment area requirements except for the contingency measures requirement, for which the EPA is proposing conditional approval. In addition, the EPA is beginning the adequacy process for the 2020 motor vehicle emissions budgets in the 2018 Western Nevada County Ozone Plan through this proposed rulemaking.
National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations Residual Risk and Technology Review and Flexible Polyurethane Foam Production and Fabrication Area Source Technology Review
Document Number: 2021-00250
Type: Proposed Rule
Date: 2021-01-11
Agency: Environmental Protection Agency
This action presents the proposed results of the U.S. Environmental Protection Agency's (EPA's) residual risk and technology review (RTR) required under the Clean Air Act (CAA) for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for major source Flexible Polyurethane Foam Fabrication Operations, initially promulgated in 2003. Pursuant to the CAA, this action also presents the proposed results of the technology review for the NESHAP for two area source categories, Flexible Polyurethane Foam Production and Flexible Polyurethane Foam Fabrication, which are combined in one subpart initially promulgated in 2007. In this action, the EPA is proposing to establish a numeric emission limit for one major source subcategory; remove exemptions for periods of startup, shutdown, and malfunction (SSM) and specify that the emissions standards apply at all times; require periodic performance tests; and require electronic reporting of performance test results and compliance reports. Implementation of these proposed rules is not expected to result in significant changes to the hazardous air pollutant (HAP) emissions from affected facilities in these three source categories or to human health impacts or environmental impacts associated with those emissions. However, this action, if finalized, would result in improved monitoring, compliance, and implementation of the existing standards and codify existing industry practices to prevent backsliding.
Agency Information Collection Activities; Renewal Request Submitted to OMB for Review and Approval; Comment Request; Pesticide Program Public Sector Collections (FIFRA Sections 18 & 24(c)) (Renewal)
Document Number: 2021-00249
Type: Notice
Date: 2021-01-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted the following information collection request (ICR), Pesticide Program Public Sector Collections (FIFRA Sections 18 & 24(c)) (EPA ICR Number 2311.04 and OMB Control Number 2070-0182), 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 ICR, which is currently approved through February 28, 2021. Public comments were previously requested via the Federal Register on August 17, 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.
Agency Information Collection Activities; Renewal Request Submitted to OMB for Review and Approval; Comment Request; Experimental Use Permits (EUPs) for Pesticides (Renewal)
Document Number: 2021-00248
Type: Notice
Date: 2021-01-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Experimental Use Permits (EUPs) for Pesticides (EPA ICR Number 0276.17 and OMB Control Number 2070- 0040), 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 an existing ICR, which is currently approved through February 28, 2021. Public comments were previously requested via the Federal Register on August 17, 2020. 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 current valid OMB control number.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Asphalt Processing and Roofing Manufacture (Renewal)
Document Number: 2021-00247
Type: Notice
Date: 2021-01-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Asphalt Processing and Roofing Manufacture (EPA ICR Number 0661.13, OMB Control Number 2060- 0002), 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 February 28, 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Electric Utility Steam Generating Units (Renewal)
Document Number: 2021-00246
Type: Notice
Date: 2021-01-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Electric Utility Steam Generating Units (EPA ICR Number 1053.13, OMB Control Number 2060- 0023), 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 February 28, 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Small Industrial-Commercial-Institutional Steam Generating Units (Renewal)
Document Number: 2021-00245
Type: Notice
Date: 2021-01-11
Agency: Environmental Protection Agency
The Environmental Protection Agency has submitted an information collection request (ICR), NSPS for Small Industrial- Commercial-Institutional Steam Generating Units (EPA ICR Number 1564.11, OMB Control Number 2060-0202), 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 February 28, 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, including its estimated burden and cost to the public, is given below. 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills (Renewal)
Document Number: 2021-00244
Type: Notice
Date: 2021-01-11
Agency: Environmental Protection Agency
The Environmental Protection Agency has submitted an information collection request (ICR), Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills (EPA ICR Number 2522.03, OMB Control Number 2060-0720), 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 February 28, 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Solvent Extraction for Vegetable Oil Production (Renewal)
Document Number: 2021-00243
Type: Notice
Date: 2021-01-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Solvent Extraction for Vegetable Oil Production (40 CFR part 63, subpart GGGG) (EPA ICR Number 1947.10, OMB Control Number 2060-0471), 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 February 28, 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.
Information Collection Request; Comment Request; National Emission Standards for Hazardous Air Pollutants (NESHAP) for Radon Emissions From Operating Mill Tailings (Renewal)
Document Number: 2021-00242
Type: Notice
Date: 2021-01-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Radon Emissions from Operating Mill Tailings (EPA ICR Number 2464.03, OMB Control Number 2060-0706) 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 December 31, 2020. Public comments were previously requested via the Federal Register on August 20, 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.
Effluent Guidelines Program Plan 14; Notice of Availability
Document Number: 2021-00215
Type: Notice
Date: 2021-01-11
Agency: Environmental Protection Agency
This notice announces the availability of the Environmental Protection Agency's (EPA) Effluent Guidelines Program Plan 14 (Plan 14). EPA prepared Plan 14 pursuant to Clean Water Act (CWA) Section 304(m) as described in the SUPPLEMENTARY INFORMATION section. Plan 14 provides updates on activities discussed in Preliminary Effluent Guidelines Program Plan 14 (Preliminary Plan 14) and discusses comments that were received during the public comment period.
Control of Air Pollution From Airplanes and Airplane Engines: GHG Emission Standards and Test Procedures
Document Number: 2020-28882
Type: Rule
Date: 2021-01-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is adopting 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 standards are equivalent to the airplane carbon dioxide (CO2) standards adopted by the International Civil Aviation Organization (ICAO) in 2017 and apply to both new type design airplanes and in-production airplanes. The standards in this rule reflect U.S. efforts to secure the highest practicable degree of international uniformity in aviation regulations and standards. The standards also meet the EPA's obligation under section 231 of the Clean Air Act (CAA) 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 adopting the fuel-efficiency- based metric established by ICAO, which will control both the GHGs emitted by airplane engines, CO2 and N2O.
Fees for the Administration of the Toxic Substances Control Act (TSCA)
Document Number: 2020-28585
Type: Proposed Rule
Date: 2021-01-11
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing updates and adjustments to the 2018 fees rule established under the Toxic Substances Control Act (TSCA). TSCA requires EPA to review and, if necessary, adjust the fees every three years, after consultation with parties potentially subject to fees. This document describes the proposed modifications to the TSCA fees and fee categories for fiscal years 2022, 2023 and 2024, and explains the methodology by which these TSCA fees were determined. EPA is proposing to add three new fee categories: A Bona Fide Intent to Manufacture or Import Notice, a Notice of Commencement of Manufacture or Import, and an additional fee associated with test orders. In addition, EPA is proposing exemptions for entities subject to certain fee triggering activities; including: An exemption for research and development activities, an exemption for entities manufacturing less than 2,500 lbs. of a chemical subject to an EPA-initiated risk evaluation fee; an exemption for manufacturers of chemical substances produced as a non-isolated intermediate; and exemptions for manufacturers of a chemical substance subject to an EPA- initiated risk evaluation if the chemical substance is imported in an article, produced as a byproduct, or produced or imported as an impurity. EPA is updating its cost estimates for administering TSCA, relevant information management activities and individual fee calculation methodologies. EPA is proposing a volume-based fee allocation for EPA-initiated risk evaluation fees in any scenario where a consortium is not formed and is proposing to require export-only manufacturers to pay fees for EPA-initiated risk evaluations. EPA is also proposing various changes to the timing of certain activities required throughout the fee payment process.
National Emission Standards for Hazardous Air Pollutants: Primary Magnesium Refining Residual Risk and Technology Review
Document Number: 2021-00176
Type: Proposed Rule
Date: 2021-01-08
Agency: Environmental Protection Agency
This proposal presents the results of the U.S. Environmental Protection Agency's (EPA's) residual risk and technology review (RTR) for the National Emission Standards for the Hazardous Air Pollutants (NESHAP) for Primary Magnesium Refining, as required under the Clean Air Act (CAA). Based on the results of the risk review, the EPA is proposing that risks from emissions of air toxics from this source category are acceptable and that after removing the exemptions for startup, shutdown, and malfunction (SSM), the NESHAP provides an ample margin of safety. Furthermore, under the technology review, we are proposing one development in technology and practices that will require continuous pH monitoring for all control devices used to meet the acid gas emission limits of this subpart. In addition, as part of the technology review, the EPA is addressing a previously unregulated source of chlorine emissions, known as the chlorine bypass stack (CBS), by proposing a maximum achievable control technology (MACT) emissions standard for chlorine emissions from this source. The EPA also is proposing amendments to the regulatory provisions related to emissions during periods of SSM, including removing exemptions for periods of SSM and adding a work practice standard for malfunction events associated with the chlorine reduction burner (CRB); all emission limits will apply at all other times. In addition, the EPA is proposing electronic reporting of performance test results and performance evaluation reports.
National Emission Standards for Hazardous Air Pollutants: Mercury Cell Chlor-Alkali Plants Residual Risk and Technology Review
Document Number: 2021-00174
Type: Proposed Rule
Date: 2021-01-08
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is proposing the results of the residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for mercury emissions from Mercury Cell Chlor-Alkali Plants, as required by the Clean Air Act (CAA). The EPA is proposing to find risks due to emissions of hazardous air pollutants (HAP) to be acceptable from the Mercury Cell Chlor-Alkali Plants source category, and to determine that the current NESHAP provides an ample margin of safety to protect public health and that no more stringent standards are necessary to prevent, taking into consideration costs, energy, safety, and other relevant factors, an adverse environmental effect. The EPA is proposing to amend the requirements for cell room fugitive mercury emissions to require work practice standards for the cell rooms and to require instrumental monitoring of cell room fugitive mercury emissions under the technology review. Furthermore, under our technology review and maximum achievable control technology (MACT) analysis, we are proposing to not require conversion to non-mercury production technology and invite comments and data and information regarding this proposed determination. In addition, the EPA is proposing standards for fugitive chlorine emissions from mercury cell chlor-alkali plants, which are not currently regulated under the NESHAP. The EPA is proposing to address applicability for thermal mercury recovery units when chlorine and caustic are no longer produced in mercury cells. The EPA is also proposing revisions related to emissions during periods of startup, shutdown, and malfunction (SSM); provisions for electronic submission of performance test results, performance evaluation reports, and Notification of Compliance Status (NOCS) reports; and correction of various compliance errors in the current rule.