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

The Environmental Protection Agency (EPA) is approving a revision to the Washington State Implementation Plan (SIP) submitted by the State of Washington on June 2, 2019, through the Washington Department of Ecology. The revision, applicable in Clark, King, Pierce, Snohomish, and Spokane Counties, Washington, removes the Inspection and Maintenance (I/M) program from the active control measure portion of the SIP. The I/M program was previously approved into the SIP for use as a component of the State's plans to address on-road sources in certain former nonattainment areas and is now part of the contingency portion of the applicable SIP for each area. The EPA has determined that Washington's June 2, 2019 SIP revision is consistent with the applicable portions of the Clean Air Act (CAA).

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

On September 16, 2020, the Environmental Protection Agency (EPA) issued a final rule titled ``Air Plan Approval; California; Consumer Products Regulations.'' That publication inadvertently omitted the amendatory instructions revising the entries that relate to California's Tables of Maximum Incremental Reactivity (MIR) Values in the table listing the approved State rules in the California state implementation plan (SIP). This document corrects this omission and revises the entries accordingly.

This regulation establishes tolerances for residues of fluxametamide in or on tea, dried and tea, instant. Nissan Chemical Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. In a previous notice, FRL-10009-98, which posted on June 5, 2020; the agency stated it was holding the registration 3573-73, for further review of the comment received regarding the cancellation of the product; the proposed P&G cancellation has been withdrawn. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

This regulation establishes tolerances for residues of clopyralid in or on the caneberry subgroup 13-07A, the bulb onion subgroup 3-07A, and intermediate wheatgrass bran, forage, germ, grain, middling, shorts, and straw. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) proposes to take direct final action to approve revisions to the State of Indiana's Underground Storage Tank (UST) program submitted by the State. This action is based on EPA's determination that the State's revisions satisfy all requirements needed for UST program approval. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the changes by direct final rule because we believe this action is not controversial and do not expect comments that oppose it.

The Environmental Protection Agency (EPA) approves a revision to the State of New Jersey's State Implementation Plan (SIP) for the ozone National Ambient Air Quality Standard (NAAQS) related to a source-specific SIP for CMC Steel New Jersey, located at 1 N Crossman, Sayreville, New Jersey (Facility). The control options in this source- specific SIP address volatile organic compounds (VOC) and nitrogen oxide (NOX) Reasonably Available Control Technology (RACT) for the Facility's electric arc furnace (Sayreville EAF) to continue to operate under the current New Jersey Department of Environmental Protection (NJDEP) approved VOC and NOX emission limits for the Sayreville EAF.

The Environmental Protection Agency (EPA) is permanently modifying the boundaries of the existing EPA-designated Humboldt Open Ocean Disposal Site (referred to hereafter as HOODS) offshore of Humboldt Bay, California, pursuant to Section 102 of the Marine Protection, Research and Sanctuaries Act, as amended (MPRSA). The primary purpose for the site modification is to enlarge the site to serve the long-term need for disposal of permitted, suitable material dredged from Humboldt Harbor and vicinity, in order to provide for continued safe navigation in the vicinity of Humboldt Bay. The modified site will be subject to monitoring and management to ensure continued protection of the marine environment.

Pursuant to the Clean Air Act (CAA), the Environmental Protection Agency (EPA) Administrator signed an Order, dated July 15, 2020, partially granting and partially denying a petition to object to a state operating permit issued by the Pennsylvania Department of Environment Protection (PADEP). The Order responds to a January 8, 2020 petition, relating to Northampton Generating Co., LP's Northampton Plant (Northampton), an electric utility generation facility located in Northampton County, Pennsylvania. The petition was submitted by the Sierra Club and the Clean Air Council. This Order constitutes final action on that petition requesting that the Administrator object to the issuance of the proposed CAA title V permit.

The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2019 is available for public review. The Environmental Protection Agency (EPA) requests recommendations for improving the overall quality of the inventory report to be finalized in April 2021, as well as subsequent inventory reports.

The Environmental Protection Agency (EPA or the Agency) is planning to submit an information collection request (ICR), Proposed Information Collection Request; Comment Request; Federal Implementation Plans under the Clean Air Act for Indian Reservations in Idaho, Oregon and Washington 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 in this document. This is a proposal to extend the current ICR, which expires on 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.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) submission from the State of Arkansas (State) for the 2015 Ozone (O3) National Ambient Air Quality Standards (NAAQS). The State's submission addresses structural SIP requirements for implementation, maintenance, and enforcement of the 2015 O3 NAAQS (infrastructure SIP or i-SIP). The i-SIP ensures that the Arkansas SIP is adequate to meet the State's responsibilities under the CAA for this NAAQS. We are also approving changes to certain existing State regulations to make them consistent with requirements for the 2015 O3 NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Illinois State Implementation Plan (SIP). The revision will amend the Illinois Administrative Code (IAC) by updating the definition of volatile organic material (VOM) and volatile organic compounds (VOC) to exclude (Z)-1,1,1,4,4,4-hexafluorobut-2-ene. This revision is consistent with an EPA rulemaking in 2018, which exempted this compound from the Federal definition of VOC on the basis that the compound makes a negligible contribution to tropospheric ozone formation.

The Environmental Protection Agency (EPA) is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR) trading programs. EPA has completed final calculations for the second round of allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2020 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA has also completed calculations for allocations of the remaining 2020 NUSA allowances to existing units and has posted spreadsheets containing those calculations on EPA's website as well.

The Environmental Protection Agency (EPA) is proposing to approve a revised paragraph of the Ohio Revised Code (ORC) into Ohio's state implementation plan (SIP) under the Clean Air Act (CAA). This revision will allow for the extension of an installation permit which is the subject of an appeal by a party other than the owner or operator of the air contaminant source. The extension will allow the date of termination of the permit to be no later than eighteen months after the effective date of the permit plus the number of days between the date in which the permit was appealed and the date the appeal was resolved.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Indiana sulfur dioxide (SO2) State Implementation Plan (SIP). The State of Indiana has requested these SIP revisions in order to satisfy the requirements of a Federal consent decree. If approved, these revisions would limit annual bypass venting limits in the sulfur-containing waste gas emissions from a coking and power generating facility in Lake County, Indiana which is owned and operated by Indiana Harbor Coke Company (IHCC) and Cokenergy LLC (Cokenergy). The revisions would also require Cokenergy to operate and maintain a permanent SO2 flow rate monitor and improve the percent control capture efficiency of the facility. The rulemaking also includes technical corrections and clarifications that do not have a substantive effect of the application of the rule.

The Environmental Protection Agency (EPA) is proposing to approve negative declarations in lieu of state plans to satisfy the requirements in the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills for the State of Maine and the State of Rhode Island. The negative declarations certify that there are no existing facilities in the States that must comply with this rule.

EPA is required under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to make information publicly available and to publish information in the Federal Register pertaining to submissions under TSCA Section 5, 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 12/01/ 2020 to 12/31/2020.

The Environmental Protection Agency (EPA) is approving a portion of a state implementation plan (SIP) revision submitted by the Commonwealth of Virginia. The portion for approval consists of negative declarations for certain specified Control Techniques Guidelines (CTG), including the 2016 Oil and Natural Gas CTG (2016 Oil and Gas CTG), as well as a number of other negative declarations for Alternative Control Techniques (ACTs) for the 2008 ozone National Ambient Air Quality Standard (NAAQS). The negative declarations cover only those CTGs or ACTs for which there are no sources subject to those CTGs or ACTs located in the Northern Virginia Volatile Organic Compound (VOC) Emissions Control Area. EPA is approving these revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

EPA is required under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to make information publicly available and to publish information in the Federal Register pertaining to submissions under TSCA Section 5, 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 11/01/ 2020 to 11/30/2020.

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

The Director of the Water Division, Environmental Protection Agency (EPA) Region 10, proposes to reissue the National Pollutant Discharge Elimination System (NPDES) General Permit for Tribal Enhancement and Federal Research Marine Net Pen Facilities Within Puget Sound (draft general permit). As proposed, eligible facilities include tribal enhancement net pens, which are permitted to raise up to 200,000 pounds of native salmonids over a four month growing period each year, and federal research net pen facilities, which are permitted to raise up to 100,000 pounds annually of native finfish. Currently, there are five tribal enhancement facilities and one federal research facility eligible for coverage under the general permit. Existing enhancement and research facilities may request authorization to discharge under the general permit by submitting a Notice of Intent (NOI) no more than ninety (90) days following the effective date of the permit. New enhancement or research facilities that begin operations after the effective date of the general permit must submit a NOI at least 180 days prior to initiation of operations. Upon receipt, EPA will review the NOI to ensure that all permit requirements are met. If determined appropriate by EPA, a discharger will be granted coverage under the general permit upon the date that EPA provides written notification. EPA is accepting public comments on the draft general permit.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This revision provides Maryland's determination, via a negative declaration, that there are no sources within its borders subject to EPA's 2016 Oil and Natural Gas Control Techniques Guidelines (2016 Oil and Gas CTG). This action is being taken under the Clean Air Act (CAA).