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

The Environmental Protection Agency (EPA) is proposing to approve a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or ``the District'') portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NOX) and particulate matter (PM) from indirect sources associated with new development projects as well as NOX and PM emissions from certain transportation and transit development projects. 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.

The Environmental Protection Agency (EPA) is proposing to approve a revision to New York's section 111(d) state plan (the ``State Plan'') for Municipal Solid Waste (MSW) landfills, pursuant to the Clean Air Act (``CAA'' or the ``Act''). The proposed State Plan revision consists of amendments to New York's ``Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills,'' as well as attendant revisions to ``General Provisions.'' The primary goal of this regulation is to implement and enforce the Emission Guidelines (EG) promulgated by the EPA for MSW landfills on August 29, 2016. The goal of the revised federal EG is to reduce emissions of landfill gas containing Non-methane Organic Compounds (NMOC) and methane by lowering the emissions threshold at which an existing MSW landfill must install and operate a Gas Collection and Control System (GCCS). The emission threshold reduction will address air emissions from all affected MSW landfills, including NMOC and methane. The reduction of emissions will improve air quality and protect the public health from exposure to landfill gas emissions.

The Environmental Protection Agency has submitted an information collection request (ICR), SmartWay Transport Partnership (EPA ICR Number 2265.04, OMB Control Number 2060-0663) 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 April 21, 2021. Public comments were previously requested via the Federal Register filed on July 27, 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.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Epoxy Resin and Non- Nylon Polyamide Production (EPA ICR Number 1681.10, OMB Control Number 2060-0290), 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 April 30, 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 (EPA) is announcing the allocation formula for the Sewer Overflow and Stormwater Reuse Municipal Grants Program as required by the Clean Water Act (CWA). EPA is required to establish a formula to allocate proportional shares of the amount appropriated to state entities to fund actions that will help manage combined sewer overflows, sanitary sewer overflows, and stormwater. EPA was directed to develop a formula based on the relevant infrastructure needs submitted in the latest Clean Watersheds Needs Survey (CWNS) along with additional information considered appropriate by the EPA Administrator. A summary of the formula is included in this document. This document reflects EPA's consideration of public comments received in response to its August 4, 2020 Federal Register publication.

This regulation establishes tolerances for residues of tetraniliprole in or on multiple commodities that are identified and discussed later in this document. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

With this direct final rule, the Environmental Protection Agency (EPA or the ``Agency'') is promulgating full approval of the revised and recodified North Dakota operating permit program for stationary sources subject to title V of the Clean Air Act (CAA or the ``Act''). On August 6, 2018, North Dakota submitted a request for approval of its revisions to the North Dakota operating permit program (the ``title V program'') for stationary sources subject to title V of the CAA and recodification of the State's title V program under a new title of the North Dakota Administrative Code (NDAC). The EPA determined that the revised and recodified program substantially met the requirements of title V of the Act and Code of Federal Regulations (CFR) but was not fully approvable because the State law provisions for judicial review were not consistent with program requirements found in the CFR. Thus, EPA issued an interim approval of North Dakota's title V program. North Dakota has made the changes required for full program approval. Accordingly, the EPA is taking this action in accordance with the CAA and CFR title V program approval requirements. This is a direct final action because the action is deemed noncontroversial and we do not expect adverse comments.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is notifying the public that we have received a CAA section 111(d)/129 negative declaration from Louisiana for existing incinerators subject to the Other Solid Waste Incineration units (OSWI) Emission Guidelines (EG). This negative declaration certifies that existing incinerators subject to the OSWI EG and the requirements of sections 111(d) and 129 of the CAA do not exist within Louisiana. The EPA is proposing to accept the negative declaration and amend the agency regulations in accordance with the requirements of the CAA.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the South Coast Air Quality Management District (SCAQMD) and the Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from the use and application of industrial adhesives. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

The Toxic Substances Control Act (TSCA) requires EPA to make information publicly available and to publish information in the Federal Register pertaining to submissions under TSCA, including notice of receipt of a Premanufacture notice (PMN), Significant New Use Notice (SNUN) or Microbial Commercial Activity Notice (MCAN), including an amended notice or test information; an exemption application (Biotech exemption); an application for a test marketing exemption (TME), both pending and/or concluded; a notice of commencement (NOC) of manufacture (including import) for new chemical substances; and a periodic status report on new chemical substances that are currently under EPA review or have recently concluded review. This document covers the period from 01/01/2021 to 01/31/2021.

The U.S. Environmental Protection Agency's (EPA), Office of Mission Support is giving notice that it proposes to create a new system of records pursuant to the provisions of the Privacy Act of 1974. Fleet Access (FA) is being created to comply with United States Code (U.S.C.) 175 Federal Motor Vehicle Expenditure Control and the General Services Administration (GSA) Federal Management Regulation (FMR) B-15 requiring all federal agencies store and maintain vehicle asset data collected in a Fleet Management Information System (FMIS).

In the Federal Register of January 11, 2021, the Environmental Protection Agency (EPA) proposed updates and adjustments to the 2018 fees rule established under the Toxic Substances Control Act (TSCA). This document extends the comment period for 30 days from February 25, 2021 to March 27, 2021.

This regulation establishes an exemption from the requirement of a tolerance for residues of oxalic acid on honey and honeycomb. This regulation eliminates the need to establish a maximum permissible level on these commodities for residues of oxalic acid.

The Environmental Protection Agency (EPA) is proposing to modify an exclusion from the lists of hazardous waste previously granted to American Chrome and Chemical (Petitioner), in Corpus Christi, Texas. This action responds to a petition for amendment to exclude (or ``delist'') up to 1,450 cubic yards per year of K006 chromic oxide solids from the list of federal hazardous wastes when disposed of in an on-site surface impoundment in lieu of disposal in a Subtitle D Landfill. The Agency is proposing to grant the petition based on an evaluation of waste-specific information provided by the petitioner.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the West Virginia Department of Environmental Protection (WVDEP) of the State of West Virginia. This revision pertains to West Virginia's plan for maintaining the 1997 8-hour ozone national ambient air quality standard (NAAQS) for the Charleston Area (comprising Kanawha and Putnam Counties). The EPA is approving these revisions to the West Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

This notice announces the availability of applicability determinations, alternative monitoring decisions, and regulatory interpretations made by EPA with regard to the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); the Emission Guidelines and Federal Plan Requirements for existing sources; and/or the Stratospheric Ozone Protection Program.

The Environmental Protection Agency (EPA) is proposing to approve parts of state implementation plan (SIP) submissions, submitted by the State of Alaska (Alaska or the State) to address Clean Air Act (CAA or Act) requirements for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) in the Fairbanks North Star Borough PM2.5 nonattainment area (Fairbanks PM2.5 Nonattainment Area). EPA is also proposing to approve rule revisions and an associated air quality control plan chapter submitted by Alaska into the Federally-approved SIP. Alaska made these submissions on December 13, 2019, (Fairbanks Serious Plan) and December 15, 2020.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the San Joaquin Valley Air Pollution Control District (SJVAPCD or ``the District'') portion of the California State Implementation Plan (SIP). This revision concerns the District's New Source Review (NSR) permitting program for new and modified sources of air pollution under section 110(a)(2)(C) of the Clean Air Act (CAA); specifically our proposal to approve Rule 2021: Experimental Research Operations. We are taking comments on this proposal and plan to follow with a final action.

Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is proposing to approve the State Implementation Plan (SIP) submittal from Louisiana submitted on November 4, 2020 for the 2015 ozone (O3), 2006 PM2.5, 2008 ozone, 2010 nitrogen dioxide, 2010 sulfur dioxide and the 2012 PM2.5 National Ambient Air Quality Standards (NAAQS). This submittal addresses how the existing SIP contains adequate provisions prohibiting emissions which interfere with required measures in any other State to protect visibility with respect to the 2015 ozone NAAQS as well as the 2006 PM2.5, 2008 ozone, 2010 nitrogen dioxide, 2010 sulfur dioxide and the 2012 PM2.5 NAAQS.

The Environmental Protection Agency (EPA) is announcing the availability of and soliciting public comment on a manufacturer request for a risk evaluation under the Toxic Substances Control Act (TSCA) of ethanone, 1-(1,2,3,4,5,6,7,8-octahydro-2,3,5,5-tetramethyl-2- naphthalenyl), ethanone, 1-(1,2,3,4,5,6,7,8-octahydro-2,3,8,8- tetramethyl-2-naphthalenyl), ethanone, 1-(1,2,3,4,6,7,8,8a-octahydro- 2,3,8,8-tetramethyl-2-naphthalenyl), and ethanone, 1-(1,2,3,5,6,7,8,8a- octahydro-2,3,8,8-tetramethyl-2-naphthalenyl) (collectively, ``OTNE''). The request was made by International Flavors and Fragrances, Inc. (IFF), Privi Organics USA Corporation (Privi), and DRT America, Inc. (DRT) through the OTNE Consortium. 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 non-risk factors, including an unreasonable risk to potentially exposed or susceptible subpopulations, under the conditions of use. In the docket associated with this request is the manufacturer request for an EPA-conducted risk evaluation and possible additional conditions of use EPA has identified for inclusion within the scope of a risk evaluation of OTNE. EPA specifically invites public comment on the inclusion of any additional conditions of use and potentially exposed or susceptible subpopulations. The Agency is in the process of broadly re-examining how it intends to implement these and other provisions of amended TSCA including determining how new executive orders and other direction provided by the Biden-Harris Administration will be addressed. This process would benefit greatly from stakeholder feedback. After considering comments received in response to this solicitation, EPA will determine whether to grant or deny the manufacturer request. All TSCA risk evaluations, whether EPA-initiated or manufacturer-requested, will be conducted in the same manner.

This regulation amends the existing tolerance exemption for residues of Complex Polymeric Polyhydroxy Acids (CPPA) in or on all food commodities as a plant growth regulator to add use as a nematicide in pesticide formulations. FBSciences, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting this amendment. This regulation adds use as a nematicide to the existing tolerance exemption of CPPA under FFDCA.

Environmental Protection Agency (EPA) is proposing to approve Oregon State Implementation Plan (SIP) revisions submitted on November 3, 2014 and September 27, 2019. The submitted revisions incorporate by reference the most recent updates to Oregon's Smoke Management Plan. EPA is acting only on the most recent version of such regulations as the previous versions are no longer in effect as a matter of state law. EPA is also making technical corrections related to previous approvals of components of Oregon's SIP. EPA is proposing to determine that the changes are consistent with Clean Air Act requirements.

This notice announces the Environment Protection Agency (EPA) approval of the State of New Hampshire's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

This notice announces EPA's rescission of two previously issued cancellation orders for seven triadimefon product registrations that have not yet become effective. Specifically, this notice rescinds cancellation orders announced in two previously issued Federal Register Notices from January 12, 2021, 2020 (FRL-10017-33) and August 25, 2020 (FRL-10013-65). These cancellation orders are being rescinded to the extent they are applicable to Bayer's triadimefon products. This notice rescinds the cancellation orders for Bayer's triadimefon registrations listed in Table 1.