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

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 May 3 and 10, 2021. The CHPAC advises the Environmental Protection Agency (EPA) on science, regulations and other issues relating to children's environmental health.

The Environmental Protection Agency has submitted an information collection request (ICR), NESHAP for Marine Tank Vessel Loading Operations (EPA ICR Number 1679.11, OMB Control Number 2060- 0289), 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 May 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.

This notice announces EPA's receipt of an application 69553- EUP-E from Andermatt Biocontrol AG (c/o SciReg, Inc.), requesting an experimental use permit (EUP) for Cydia pomonella granulovirus isolate V45. The Agency has determined that the permit may be of regional and national significance. Therefore, because of the potential significance, EPA is seeking comments on this application.

The U.S. Environmental Protection Agency's (EPA), Science Advisory Board Staff Office (SABSO) is giving notice that it proposes to modify the Science Advisory Board (SAB) Database of Scientific and Technical Experts system of records, pursuant to the provisions of the Privacy Act of 1974. The system assists EPA with providing management and technical support to three scientific and technical advisory committees that report to the EPA Administratorthe SAB, the Clean Air Scientific Advisory Committee (CASAC), and the Advisory Council on Clean Air Compliance Analysis (Council). The system is being modified to change: (1) The system platform from Lotus Notes to Oracle APEX; (2) the system name from EPA Science Advisory Board (SAB) Database of Scientific and Technical Experts to Science Advisory Board Application (SABAPP); (3) to reduce the categories of records in the system; and (4) to stop collecting new records for the Council.

The Environmental Protection Agency has submitted an information collection request (ICR), Survey of State Emergency Response Commissions (EPA ICR Number 2660.01, OMB Control Number 2050- NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a request for approval of a new collection. Public comments were previously requested via the Federal Register (on November 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 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) is partially approving and partially disapproving a revision to the Michigan State Implementation Plan (SIP) for attaining the 2010 1-hour primary sulfur dioxide (SO2) national ambient air quality standard (NAAQS or ``standard'') for the Detroit SO2 nonattainment area (NAA). This SIP revision (hereinafter called the ``Detroit SO2 plan'' or ``plan'') includes Michigan's attainment demonstration and other elements required under the Clean Air Act (CAA). EPA is approving the base year emissions inventory and affirming that the nonattainment new source review (NNSR) requirements for the area have been met. EPA is disapproving the attainment demonstration, as well as the requirements for meeting reasonable further progress (RFP) toward attainment of the NAAQS, reasonably available control measures and reasonably available control technology (RACM/RACT), and contingency measures. Finally, EPA is disapproving the plan's control measures for two facilities as not demonstrating attainment and is approving the enforceable control measures for two facilities as SIP strengthening.

The U.S. Environmental Protection Agency (EPA or Agency) is taking direct final action to approve the State of Michigan's Underground Injection Control Class II (UIC) Program for primacy. EPA has determined that the State's program is consistent with the provisions of the Safe Drinking Water Act (SDWA) at Section 1425 to prevent underground injection activities that endanger underground sources of drinking water. EPA's approval allows Michigan to implement and enforce its state regulations for UIC Class II injection wells located within the State. Michigan's authority excludes the regulation of injection well Classes I, III, IV, V, and VI, and all wells in Indian country, as required by rule under the SDWA.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) submitted by the State of Nebraska on September 24, 2020. This proposed action will amend the SIP to revise title 115 of the Nebraska Administrative Code ``Nebraska Rules of Practice and Procedure.'' Title 115 describes the procedures the Nebraska Department of Environment and Energy (NDEE), formerly the Nebraska Department of Environmental Quality (NDEQ), will follow for proceedings under the Administrative Procedure Act. These proceedings include contested cases, rulemaking petitions, and declaratory rulings among others. In addition, title 115 contains procedures related to submission and review of confidentiality claims for trade secrets, public hearing requirements for permits, and other fact-finding hearings not covered in other more program specific regulatory titles. These proposed changes consolidate five chapters into a single chapter by removing duplicative language and incorporating by reference model rules of agency procedure promulgated by the Attorney General for agency use in accordance with the Administrative Procedure Act. The proposed revisions also update language; renumber chapters; and make minor wording changes. The proposed changes do not substantively change any existing statutory or regulatory requirement or impact the stringency of the SIP or air quality, do not revise emission limits or procedures, nor do they impact the State's ability to attain or maintain the National Ambient Air Quality Standards.

This notice announces the availability of EPA's interim registration review decisions for the following chemicals: 1,4-DMN and 2,6-DIPN, acequinocyl, clopyralid, dithiopyr, etridiazole, fenpropimorph, fenpyroximate, flonicamid, flumetralin, formetanate HCl, hypochlorous acid, mandipropamid, MCPB, Metarhizium anisopliae, metolachlor/S-metolachlor, naphthalene, para-dichlorobenzene (PDCB), propanil, terbacil, and triclopyr. It also announces the posting of the amended interim decision for buprofezin. In addition, it announces the closure of the registration review case for Bacillus cereus strain BP01, Pantoea agglomerans strain C9-1, and Pantoea agglomerans strain E325 because the last U.S. registrations for these pesticides have been canceled.

Notice is hereby given that the Navajo Nation revised its approved Public Water System Supervision (PWSS) Program under the federal Safe Drinking Water Act (SDWA) by adopting the Radionuclides Rule. The Environmental Protection Agency (EPA) has determined that these revisions by the Navajo Nation are no less stringent than the corresponding Federal regulations and otherwise meet applicable SDWA primacy requirements. Therefore, the EPA intends to approve the stated revisions to the Navajo Nation's PWSS Program.

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) Sustainable and Health Communities (SHC) Subcommittee to discuss contaminated sites, including mine waste, solvent vapor intrusion, underground storage tanks, and lead.

The U.S. Environmental Protection Agency (EPA or Agency) is initiating further data collection and analysis to support potential future rulemaking, under the Clean Water Act (CWA), relating to the effluent limitations guidelines, pretreatment standards and new source performance standards applicable to the Organic Chemicals, Plastics and Synthetic Fibers (OCPSF) point source category to address discharges from manufacturers of per- and polyfluoroalkyl substances (PFAS) and is considering revising the same for formulators of PFAS. PFAS are a group of man-made organic chemicals. Some PFAS compounds are persistent in the environment and in the human body. Analysis of animal studies and human epidemiological research suggest that exposure above certain levels to some PFAS may be associated with adverse human health effects. The Agency has identified several industries with facilities that are likely to be discharging PFAS in their wastewater, including OCPSF manufacturers and formulators. This advance notice of proposed rulemaking (ANPRM) provides for public review and comment on the information and data regarding PFAS manufacturers and formulators that EPA has collected to date. EPA is requesting public comment on the information and data presented in this ANPRM. EPA is also soliciting additional information and data regarding discharges of PFAS from these facilities to inform future revisions to the wastewater discharge requirements that apply to the OCPSF point source category.

In accordance with the January 21, 2021, Executive Order entitled ``Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis'' and other Biden-Harris Administration Executive orders and other direction, the Environmental Protection Agency (EPA) is requesting additional public comments on five final rules recently issued under the Toxic Substances Control Act (TSCA). On January 6, 2021, EPA issued final rules to address its obligations under TSCA for five persistent, bioaccumulative, and toxic (PBT) chemicals that EPA determined met the criteria for expedited action under TSCA. These chemicals are 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) (CASRN 732-26-3); decabromodiphenyl ether (decaBDE) (CASRN 1163-19-5); phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7); pentachlorothiophenol (PCTP) (CASRN 133-49-3); and hexachlorobutadiene (HCBD) (CASRN 87-68-3). PBT chemicals are of particular concern in the Agency's efforts to protect human health and the environment because they are toxic and remain in the environment for long periods of time and can build up or accumulate in the body. As a first step in its efforts to immediately review these rules to determine whether they are consistent with the Administration policy to limit exposure to dangerous chemicals (and to determine whether and how these rules should be revised), EPA invites public comment on the final rules, including whether there are further exposure reductions that could be achieved, including exposure reductions for potentially exposed or susceptible subpopulations and the environment; implementation issues associated with these final rules; and whether to consider additional or alternative measures or approaches. In particular, EPA is seeking comment on specifics of recently raised issues regarding the compliance date for the prohibition on the processing and distribution of PIP (3:1) for use in articles, and PIP (3:1)-containing articles.

The Environmental Protection Agency (EPA) is proposing to approve the State of Utah's Source Category Exemptions Revisions as submitted on November 5, 2019. The EPA is taking this action pursuant to the Clean Air Act (CAA).

The Environmental Protection Agency (EPA or Agency) is issuing a short delay of the March 16, 2021, effective date of the National Primary Drinking Water Regulations: Lead and Copper Rule Revisions (LCRR), published in the Federal Register on January 15, 2021. The LCRR will now become effective on June 17, 2021. This final rule does not change the compliance date of January 16, 2024. This delay in the effective date is consistent with Presidential directives issued on January 20, 2021, to heads of Federal agencies to review certain regulations, including the LCRR. The sole purpose of this delay is to enable EPA to take public comment on a longer extension of the effective date for EPA to undertake its review of the rule in a deliberate and thorough manner consistent with the public health purposes of the Safe Drinking Water Act and the terms and objectives of recent Presidential directives and in consultation with affected stakeholders.

The Environmental Protection Agency (EPA or the Agency) is reopening the comment period on the notice of data availability for its reconsideration of the beneficial use criteria and provisions for piles of coal combustion residuals (CCR). The original notice of data availability was published on December 22, 2020 with a 60-day public comment period closing February 22, 2021. With this notice, EPA is reopening the public comment period for an additional 60 days, from March 12, 2021 to May 11, 2021.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Ohio State Implementation Plan (SIP). Ohio removed its Ohio Administrative Code (OAC) rules that apply to a secondary lead smelter, which has permanently shut down. EPA is proposing approval of revisions that will remove those OAC rules from the Ohio SIP. The revisions will also remove air quality sampling requirements that are duplicative of another OAC provision in the Ohio SIP.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri. This final action will amend the SIP to remove the Kansas City, Missouri low Reid Vapor Pressure (RVP) fuel requirement which required gasoline sold in the Kansas City, Missouri area to have a seven pounds per square inch Reid Vapor Pressure from June 1 to September 15. The majority of the state is subject to the Clean Air Act (CAA) nine pounds per square inch Reid Vapor Pressure fuel requirement from June 1 to September 15. In addition, the EPA has issued a separate proposal for the Kansas side of the Kansas City metropolitan area.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of North Dakota on August 3, 2020, addressing regional haze. Specifically, EPA is proposing to approve Amendment No. 2 to the North Dakota SIP for Regional Haze to satisfy certain requirements for the first implementation period of the Clean Air Act's (CAA) regional haze program. Amendment No. 2 adopts the same regional haze requirements for the Antelope Valley Station promulgated by EPA in our 2012 Federal Implementation Plan (FIP). In conjunction with this proposed approval of Amendment No. 2, we also propose to withdraw the portions of our 2012 FIP that apply to the Antelope Valley Station. EPA is proposing this action pursuant to sections 110 and 169A of the CAA.

The Environmental Protection Agency (EPA) is announcing a 30- day public comment period associated with release of the Systematic Review Protocol for the Inorganic Mercury Salts IRIS Assessment. This document communicates the rationale for conducting the assessment of inorganic mercury salts, describes screening criteria to identify relevant literature, outlines the approach for evaluating study quality, and describes the methods for dose-response analysis.

Public notice is hereby given that the state of Colorado has revised its Public Water System Supervision (PWSS) Program by adopting federal regulations for the Revised Total Coliform Rule (RTCR) that correspond to the National Primary Drinking Water Regulations (NPDWR). EPA has reviewed Colorado's regulations and determined they are no less stringent than the federal regulations. EPA is proposing to approve the RTCR for Colorado. This approval action does not extend to public water systems in Indian country. Please see SUPPLEMENTARY INFORMATION, Unit B.

The U.S. Environmental Protection Agency (EPA) is amending the Code of Federal Regulations (CFR) to reflect a court order regarding the General Provisions for National Emissions Standards for Hazardous Air Pollutants (NESHAP) issued on December 19, 2008, by the United States Court of Appeals for the District of Columbia Circuit (the court). The court vacated two provisions in the General Provisions that exempted sources from hazardous air pollutant (HAP) non-opacity and opacity emission standards during periods of startup, shutdown, and malfunction (SSM). The court held that under the Clean Air Act (CAA), emissions standards or limitations must be continuous in nature and that the SSM exemptions in these two provisions violate this requirement. This ministerial action revises these two NESHAP General Provisions in the CFR to conform to the court's order.

The Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of TSCA notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs). This document presents statements of findings made by EPA on TSCA notices during the period from January 1, 2020 to December 31, 2020.

The Environmental Protection Agency's (EPA) Administrator signed an Order, dated December 31, 2020, denying the petition submitted by the Environmental Integrity Project on behalf of itself and the Georgia Chapter of Sierra Club, Dogwood Alliance, the Rachel Carson Council, Partnership for Policy Integrity, Natural Resources Defense Council, and Our Children's Earth Foundation (Petitioners). The Order responds to the Petitioners' April 14, 2020, petition requesting that the EPA object to the proposed Clean Air Act (CAA) title V operating permit number 2499-161-0023-V-02-4 issued by the Georgia Environmental Protection Division (EPD) to Hazlehurst Wood Pellets, LLC for its facility located in Jeff Davis County, Georgia. The Order constitutes a final action on the petition addressed therein.

The Environmental Protection Agency (EPA) is correcting a final rule that appeared in the Federal Register on February 18, 2021, and that will become effective on March 22, 2021. The EPA finalized removal of the Inspection and Maintenance program from the active control measure portion of Washington's State Implementation Plan. This action corrects inadvertent typographical errors in the Federal Register. The corrections described in this action do not affect the substantive requirements of the final rule implementing section 110 of the Clean Air Act.