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

The Environmental Protection Agency (EPA) is proposing to approve elements of a state implementation plan (SIP) submission from Ohio regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2015 ozone National Ambient Air Quality Standards (NAAQS). 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.

The Environmental Protection Agency (EPA) issued a final rule on February 9, 2021 entitled ``Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; State of Maryland; Control of Emissions from Existing Sewage Sludge Incineration Units.'' This document corrects an error in the rule language of the final rule pertaining to EPA's approval of Maryland's negative declaration regarding the existence of Sewage Sludge Incineration (SSI) units in the state submitted by the State of Maryland.

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

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Drug Testing for Contractor Employees (Renewal)'' (EPA ICR No. 2183.08, OMB Control No. 2030-0044) 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.

Pursuant to the Federal Advisory Committee Act (FACA), the Environmental Protection Agency (EPA) is announcing a public meeting of the Great Lakes Advisory Board on March 30th, 2021 from 1:00 p.m. to 4:00 p.m. Central Standard Time and March 31st from 9:00 a.m. to 12:00 p.m. Central Standard Time with remote participation only.

This notice announces the availability of EPA's draft human health and/or ecological risk assessments for the registration review of diuron, famoxadone, fluometuron, indaziflam, inorganic chlorates, mancozeb, napropamide, nicarbazin, peroxy compounds, propiconazole, tetraconazole, and zinc pyrithione. In addition, the preliminary work plan for indaziflam is also being published for public comment at this time.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by Georgia, through the Georgia Environmental Protection Division (GA EPD), on September 16, 2019, for the purpose of removing certain transportation control measures (TCMs) from the SIP for the thirteen counties in the Atlanta, Georgia, area. EPA is also approving Georgia's update to the 2008 8- hour ozone maintenance plan that was submitted in the September 16, 2019, SIP revision. Specifically, EPA is approving the updated mobile emissions inventory, the associated 2030 motor vehicle emissions budgets (MVEBs), and the measures offsetting the potential emissions increases due to removal of the TCMs from the Georgia SIP. This approval is based on the determination that this SIP revision will not interfere with attainment or maintenance of any national ambient air quality standards (NAAQS or standards) or any other Clean Air Act (CAA or Act) requirements.

The Environmental Protection Agency (EPA) is proposing to approve a source-specific State Implementation Plan (SIP) revision submitted by the Washington State Department of Ecology (Ecology) on December 18, 2020. The SIP revision makes changes to nitrogen oxide control requirements for the TransAlta Centralia Generation Plant (TransAlta). These requirements were established in an order issued to TransAlta by the state to satisfy the Clean Air Act Best Available Retrofit Technology Requirements (BART) put in place by Congress to reduce regional haze and restore visibility in national parks and wilderness areas. The changes submitted by the state are intended to improve the operation of pollution control equipment at TransAlta while continuing to meet BART requirements.

The Environmental Protection Agency (EPA) approved revisions to California's federally authorized hazardous waste program by publishing proposed and final rules in the Federal Register on October 18, 2019 and January 14, 2020, respectively. The notice for the proposed rule inadvertently and unintentionally left out citations for approving the State's authority to adopt additional waste streams as universal wastes in the State Analogues to the Federal Program table. In addition, the scope of the State program that is considered ``broader in scope'' than the federal program was mis-designated. We are proposing to correct these and related errors. EPA seeks public comment prior to taking final action.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on September 29, 2020, to redesignate the Sumner County, Tennessee unclassifiable area (hereinafter referred to as the ``Sumner County Area'' or ``Area'') to attainment/unclassifiable for the 2010 1-hour primary sulfur dioxide (SO2) national ambient air quality standard (hereinafter referred to as the ``2010 SO2 1-hour NAAQS''). EPA now has sufficient information to determine that the Sumner County Area is attaining the 2010 1-hour SO2 NAAQS and, therefore, is proposing to approve the State's request and redesignate the Area to attainment/unclassifiable for the 2010 1-hour SO2 NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Pinal County Air Quality Control District (PCAQCD or District) portion of the Arizona State Implementation Plan (SIP). These revisions concern the District's negative declarations for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standards'') in the portion of the Phoenix-Mesa ozone nonattainment area under the jurisdiction of the PCAQCD and two volatile organic compound (VOC) rules covering gasoline dispensing and surface coating operations. We are proposing to approve local rules 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.

This regulation establishes tolerances for residues of picarbutrazox in or on multiple commodities which are identified and discussed later in this document. Nippon Soda Co., Ltd c/o Nisso America, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its Clean Air Act Advisory Committee (CAAAC). Vacancies are anticipated to be filled by August 2021 and applications are due by April 30, 2021. Sources in addition to this Federal Register Notice may also be utilized in the solicitation of nominees.

Pursuant to the Federal Advisory Committee Act (FACA), the Environmental Protection Agency (EPA) is announcing a public meeting of the Clean Air Act Advisory Committee (CAAAC) to be conducted via remote/virtual participation only. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days' notice. The EPA renewed the CAAAC charter on November 19, 2020 to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises EPA on economic, environmental, technical, scientific and enforcement policy issues.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Alabama through a letter dated February 27, 2020, to add regulations maintaining compliance with the State's Nitrogen Oxide (NOX) SIP Call obligations for large non-electricity generating units (non-EGUs), to repeal the State's previously sunsetted NOX Budget Trading Program regulations, and to repeal the State's Clean Air Interstate Rule (CAIR) regulations. EPA is also proposing to conditionally approve into the SIP state regulations that establish monitoring and reporting requirements for units subject to the NOX SIP Call, including alternative monitoring options for certain sources for NOX SIP Call purposes. In addition, EPA is proposing to make ministerial changes to reflect the State's renumbering of an existing regulation for ``New Combustion Sources.''

The U.S. Environmental Protection Agency (EPA or Agency) is announcing final regulatory determinations for eight of the 109 contaminants listed on the Fourth Contaminant Candidate List. Specifically, the Agency is making final determinations to regulate perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) and to not regulate 1,1-dichloroethane, acetochlor, methyl bromide (bromomethane), metolachlor, nitrobenzene, and RDX. The Safe Drinking Water Act (SDWA), as amended in 1996, requires EPA to make regulatory determinations every five years on at least five unregulated contaminants. A regulatory determination is a decision about whether or not to begin the process to propose and promulgate a national primary drinking water regulation for an unregulated contaminant.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Arizona State Implementation Plan (SIP). These revisions concern emissions of sulfur dioxide (SO2) from the copper smelter in Miami, Arizona. We are proposing to approve the rescission of two Arizona Department of Environmental Quality (ADEQ) Arizona Administrative Code (A.A.C.) provisions from the Arizona SIP that are no longer needed to regulate this emission source 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 providing notice of disclosure relating to the criminal prosecution styled United States v. Emanuele Palma, Case No. 2:19-cr-20626-NGE-DRG (E.D. Mich.) (the ``Palma Prosecution''). In response to a court order in the Palma Prosecution, EPA is disclosing documents to the United States Department of Justice (``DOJ'') for production in the litigation which may contain information submitted to EPA by vehicle and engine manufacturers that is claimed to be, or has been determined to be, potential confidential business information (collectively ``CBI''). The use of the documents and any potential CBI is limited to the Palma Prosecution and its distribution is restricted by the terms of a court issued protective order.

In accordance with the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is redesignating the Southwest Indiana nonattainment area, which consists of a portion of Daviess County and a portion of Pike County (Veale Township in Daviess County and Washington Township in Pike County), to attainment for the 2010 primary, health- based 1-hour sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). EPA is also approving Indiana's maintenance plan for the Southwest Indiana SO2 nonattainment area. Indiana submitted the request for approval of the Southwest Indiana nonattainment area's redesignation and maintenance plan on October 24, 2018, and supplemental information on August 25, 2020. EPA has previously approved Indiana's attainment plan for the Southwest Indiana area.

Pursuant to the Solid Waste Disposal Act of 1965, as amended (commonly known as the Resource Conservation and Recovery Act (RCRA)), the Environmental Protection Agency (EPA) is proposing to approve revisions to the Commonwealth of Virginia's Underground Storage Tank (UST) program submitted by the Commonwealth of Virginia (Virginia or State). This action is based on EPA's determination that these revisions satisfy all requirements needed for program approval. This action also proposes to codify EPA's approval of Virginia's state program and to incorporate by reference those provisions of Virginia's regulations and statutes that we have determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I and other applicable statutory and regulatory provisions. In the ``Rules and Regulations'' section of this issue of the Federal Register, EPA is approving this action by a direct final rule. If no significant negative comment is received, EPA will not take further action on this proposed rulemaking, and the direct final rule will be effective 60 days from the date of publication in this Federal Register. If you want to comment on EPA's proposed approval of Virginia's revisions to its state UST program, you must do so at this time.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Florida State Implementation Plan (SIP), submitted by the Florida Department of Environmental Protection (FDEP), Division of Air Resources Management, to EPA on August 26, 2020. The Clean Air Act (CAA or Act) requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each national ambient air quality standard (NAAQS) promulgated by EPA, commonly referred to as an ``infrastructure SIP.'' This submission addresses certain greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) permitting requirements for the 2008 and 1997 8- hour ozone and the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) NAAQS. Additionally, EPA is proposing to convert the previous disapprovals of Florida's infrastructure SIPs related to the CAA GHG PSD permitting requirements for the above NAAQS to full approvals.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is notifying the public that we have received CAA section 111(d)/129 negative declarations from Arkansas, Louisiana, New Mexico, and Albuquerque-Bernalillo County, New Mexico, for existing Hospital/Medical/Infectious Waste Incinerator (HMIWI) units. These negative declarations certify that HMIWI subject to the requirements of sections 111(d) and 129 of the CAA do not exist within the jurisdictions of Arkansas, Louisiana, New Mexico, and Albuquerque-Bernalillo County. The EPA is accepting the negative declarations and amending the agency's regulations in accordance with the requirements of the CAA.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Clean Watersheds Needs Survey (CWNS) (Reinstatement)'' (EPA ICR No. 0318.14, OMB Control No. 2040-0050) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a reinstatement of the ICR. 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 EPA Administrator signed orders, dated January 13, 2021, and January 15, 2021, denying the petitions submitted on separate permitting actions in Utah and North Dakota, respectively. The January 13, 2021 Order pertains to two petitions submitted by the Sierra Club requesting that EPA object to the issuance of the Clean Air Act (CAA) title V operating permit issued to the Hunter Power Plant in Castle Dale, Emery County, Utah, by the Utah Department of Environmental Quality, Division of Air Quality (UDAQ). The January 13, 2021 Order responds to Sierra Club's April 11, 2016 petition regarding title V operating permit # 1500101002 (2016 Permit), and Sierra Club's October 20, 2020 petition regarding title V operating permit # 1500101004 (2020 Permit). The January 15, 2021 Order responds to petitions submitted by Casey and Julie Voigt requesting that EPA object to the title V operating permit issued to the Coyote Station Power Plant in Beulah, Mercer County, North Dakota, by the North Dakota Department of Environmental Quality (NDDEQ). The Orders constitute final actions on the petitions.