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

In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on an Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB). The ICR, entitled ``Pesticide Data-Call-In Program'' and identified by EPA ICR No. 2288.04 and OMB Control No. 2070-0174, represents the renewal of an existing ICR that is scheduled to expire on November 30, 2021. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting public comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

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 (WV). This revision pertains to West Virginia's plan for maintaining the 1997 8-hour ozone national ambient air quality standard (NAAQS) for the West Virginia portion of the Wheeling, WV-OH area (Wheeling Area) comprising Marshall and Ohio Counties. EPA is approving these revisions to the West Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) publishes the Semiannual Agenda of Regulatory and Deregulatory Actions online at https://www.reginfo.gov and at https://www.regulations.gov to update the public. This document contains information about: Regulations in the Semiannual Agenda that are under development, completed, or canceled since the last agenda; and Reviews of regulations with small business impacts under Section 610 of the Regulatory Flexibility Act.

The Environmental Protection Agency (EPA) is approving a Clean Air Act (CAA or the ``Act'') section 111(d) state plan submitted by the South Dakota Department of Environment and Natural Resources (DENR or the ``Department'') on January 3, 2020. This plan was submitted to fulfill the requirements of the CAA and is responsive to the EPA's promulgation of Emission Guidelines and Compliance Times (EG) for existing municipal solid waste (MSW) landfills. The South Dakota state plan establishes performance standards and operating requirements for existing MSW landfills within the State of South Dakota and provides for the implementation and enforcement of those standards and requirements by the Department. The EPA is taking this action pursuant to requirements of the CAA.

The Environmental Protection Agency (EPA) is taking final action to partially approve and partially disapprove the state implementation plan (SIP) revisions submitted by the State of California pursuant to the requirements of the Clean Air Act (CAA or ``Act'') for the implementation, maintenance, and enforcement of the 2015 national ambient air quality standards (NAAQS or ``standards'') for ozone. Specifically, the EPA is approving the SIP revision for all elements except those that relate to prevention of significant deterioration (PSD). EPA is partially approving and partially disapproving three elements of the SIP revision due to PSD deficiencies in certain air pollution control or air quality management districts (APCD, AQMD, or ``district''). The disapprovals will not create any new consequences for these districts or the EPA as the districts are already subject to the EPA's federal PSD program at 40 CFR 52.21. As part of this action, we are also reclassifying certain regions of the State for emergency episode planning purposes with respect to ozone. We are also approving into the SIP two updated state provisions addressing CAA conflict of interest requirements for the entire state, and emergency episode plans for the Amador County APCD, Calaveras County APCD, Mariposa County APCD, Northern Sierra AQMD, and Tuolumne County APCD. Finally, we are approving an exemption from emergency episode planning requirements for ozone for the Lake County AQMD.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: ``Recordkeeping and Reporting Requirements for Allegations of Significant Adverse Reactions to Human Health or the Environment'' and identified by EPA ICR No. 1031.12 and OMB Control No. 2070-0017, represents the renewal of an existing ICR that is scheduled to expire on October 31, 2021. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

In accordance with the requirements of the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERLCA), notice is hereby given by the U.S. Environmental Protection Agency (EPA), of an Administrative Settlement Agreement and Order on Consent for Response Action by Prospective Purchaser (Settlement Agreement), with NP Falls Township Industrial 2, LLC (Purchaser). The Settlement Agreement pertains to Purchaser's acquisition of a 342.97-acre property (Property) at the 2799-acre U.S. Steel Mon Valley WorksFairless Hills Facility, located at S Pennsylvania Avenue, Fairless Hills, PA (Facility). The Settlement Agreement requires performance of specified cleanup activities pursuant to EPA's RCRA corrective action program at the Property and establishment of financial assurance for the benefit of EPA to ensure completion of the cleanup work. In return, the Settlement Agreement will resolve potential claims of the United States government for cleanup at the Facility under RCRA and CERCLA.

The Environmental Protection Agency (EPA) is proposing to approve the portions of the State Implementation Plan (SIP) submitted by the State of Texas to meet the Emissions Inventory (EI) requirements of the Federal Clean Air Act (CAA or the Act), for the Dallas-Fort Worth (DFW), Houston-Galveston-Brazoria (HGB), and Bexar County ozone nonattainment areas for the 2015 8-hour ozone national ambient air quality standards (NAAQS). EPA is proposing to approve this action pursuant to section 110 and part D of the CAA and EPA's regulations.

The Environmental Protection Agency (EPA) is proposing to approve the Clean Air Act (CAA or the Act) section 111(d)/129 state plan submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division on August 1, 2018, and supplemented on January 7, 2019, for implementing and enforcing the Emission Guidelines (EG) and Compliance Schedules applicable to existing Hospital/Medical/Infectious Waste Incineration (HMIWI) units. The state plan provides for implementation and enforcement of the EG, as finalized by EPA on September 15, 1997, and revised on October 6, 2009, applicable to existing HMIWI units for which construction commenced on or before December 1, 2008, or for which modification commenced on or before April 6, 2010. The state plan establishes emission limits, as well as monitoring, operating, recordkeeping, and reporting requirements for affected HMIWI units.

Pursuant to the Federal Clean Air Act (CAA or the ``Act''), the Environmental Protection Agency (EPA or the ``Agency'') is proposing approval of a CAA section 111(d) plan submitted by the North Dakota Department of Environmental Quality (NDDEQ or the ``Department'') on July 28, 2020 to regulate landfill gas and its components from existing municipal solid waste (MSW) landfills. The EPA is also proposing approval of a CAA section 111(d)/129 plan submitted by the Department on the same date to regulate air pollutants from existing commercial and industrial solid waste incineration (CISWI) units and air curtain incinerators (ACI). These plans provide for the State's implementation and enforcement of the federal emission guidelines (EG) for existing MSW landfills, CISWI units and ACI in North Dakota. The EPA with this proposed rule is also notifying the public that the Agency has received a request from the State of North Dakota, dated May 8, 2019, for withdrawal of a previously approved CAA section 111(d)/129 plan for hospital/medical/infectious waste incineration (HMIWI) units and for Agency approval of a negative declaration of such units within the State. Approval of this negative declaration will stand in lieu of a North Dakota CAA section 111(d)/129 plan for HMIWI units.

This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) 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 Eastern Research Group, Inc. in accordance with the CBI regulations. Eastern Research Group, Inc. has been awarded a contract to perform work for OPP, and access to this information will enable Eastern Research Group, Inc. to fulfill the obligations of the contract.

The Environmental Protection Agency (EPA) is proposing to approve a revision to Michigan's State Implementation Plan (SIP). The submittal, by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) on December 18, 2020, incorporates administrative changes to Michigan's Air Pollution Control Rules, Part 9, ``Emissions Limitations and ProhibitionsMiscellaneous''. This revision will continue with the consolidation of all the adoption by reference materials used by EGLE in other rules in Michigan's SIP into one location in Part 9.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine on August 20, 2020. The Maine Department of Environmental Protection (Maine DEP) submission is in support of the State's separate petition requesting that EPA remove the federal reformulated gasoline (RFG) requirements for York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox and Lincoln Counties (hereinafter referred to as the ``southern Maine counties''). This action proposes to incorporate into the Maine SIP, Maine's statute, which repealed the State's requirement for the sale of RFG in the southern Maine counties effective November 1, 2020. Maine voluntarily opted into the federal RFG program in 2015. In order to remove the federal RFG requirements from the Maine SIP, Maine is required to complete a noninterference demonstration evaluating whether removing the RFG requirements in the southern Maine counties interferes with the requirements of the Clean Air Act (CAA or Act). EPA is proposing to approve this SIP revision and the corresponding noninterference demonstration. EPA has determined that the revision is consistent with the applicable provisions of the CAA. At this time, EPA is not proposing to remove the requirement for the sale of federal RFG in the applicable southern Maine counties as that is the subject of a separate petition to the EPA Administrator submitted on August 20, 2020, requesting opt-out of the federal RFG program in those counties. The Administrator intends to act on that petition in the near future. This action is being taken under the Clean Air Act.

EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

EPA has authorized its contractor and subcontractor, Eastern Research Group (ERG), Lexington, MA; and PG Environmental, Golden, CO, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

The Environmental Protection Agency (EPA) will host an open discussion and listening session with nonprofit organizations across the country to hear about nonprofit leadership in brownfields assessment, cleanup, and redevelopment projects. This is a virtual event and will be held on Friday, April 23, 2021 through Zoom from 1 p.m.-3 p.m. Eastern Standard Time. EPA will make registration information available to the public on the agency's website at https:// www.epa.gov/brownfields on Friday, April 2, 2021. Due to the limit of 250 participants, attendance will be on a first-come, first served basis. Registration is required. After registering and prior to April 2, confirmed participants will receive an email from Eventbrite with a link to use to join the event. The purpose of this meeting is to hear from representatives of nonprofits, using the following questions to guide the discussion: How does your nonprofit organization view its role in brownfields cleanup and redevelopment? What benefits and barriers exist to nonprofits leading brownfield cleanup and redevelopment projects? How can EPA best engage with nonprofit organizations that are most interested in leading brownfields cleanup and redevelopment? In addition to the open discussion and listening session, stakeholders may respond in writing to the guiding questions mentioned above during a three-week comment period that will commence upon publication of this notice. Comments will be accepted through April 23, 2021 and should be submitted through email to EPA's Office of Brownfields and Land Revitalization at BUILDAct@epa.gov.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC). This SIP revision will fulfill Delaware's nonattainment new source review (NNSR) SIP element requirement for the 2015 8-hour ozone National Ambient Air Quality Standard (NAAQS). This action is being taken under the Clean Air Act (CAA).

Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the underground storage tank (UST) program submitted by the State of South Carolina (South Carolina or State). This action is based on the EPA's determination that the State's revisions satisfy all requirements for UST program approval. This action also proposes to codify South Carolina's revised UST program and to incorporate by reference the State statutes and regulations that we have determined meet the requirements for approval.

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 02/01/ 2021 to 02/28/2021.

The Environmental Protection Agency (EPA) is correcting a final rule that was published in the Federal Register on October 7, 2020, and was effective on December 7, 2020. The final rule corrected and updated regulations for source testing of emissions. This correction does not change any final action taken by the EPA on October 7, 2020; this action corrects the amendatory instructions for Methods 4 and 5.

The Environmental Protection Agency (EPA) is announcing an external expert peer review and public comment for the EPA Multiple- Path Particle Dosimetry (MPPD) Model Software (MPPD EPA 2021 v. 1.01) and its associated ``Technical Support Documentation and User's Guide (External Review Draft)'' ([EPA/600/R-20/406]). The document was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA's Office of Research and Development (ORD), with contributions from Applied Research Associates, Inc., and Fred J. Miller, LLC. EPA is releasing this draft model software version and associated document to seek review by external experts and the public. This external review draft document and model software (MPPD EPA 2021 v. 1.01) are not final and do not represent, and should not be construed to represent, any final Agency policy or views. When revising the document and the model software, EPA will consider any peer or public comments submitted during the public comment period specified in this document.

Pursuant to the Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is finalizing approval of a revision to the Arkansas State Implementation Plan (SIP) submitted by the State of Arkansas through the Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) on August 13, 2019. The SIP submittal addresses requirements of the Act and the Regional Haze Rule for visibility protection in mandatory Class I Federal areas (Class I areas) for the first implementation period. The EPA is approving an alternative measure to best available retrofit technology (BART) at the Domtar Ashdown Mill for sulfur dioxide (SO2), particulate matter (PM), and nitrogen oxide (NOX); and elements of the SIP submittal that relate to these BART requirements at this facility. In addition, we are approving the withdrawal from the SIP of the previously approved PM10 BART limit for Power Boiler No. 1. The EPA is also concurrently approving Arkansas' interstate visibility transport provisions from the August 8, 2018, regional haze SIP submittal as supplemented by the visibility transport provisions in the October 4, 2019, interstate transport SIP submittal, which covers the following national ambient air quality standards (NAAQS): The 2006 24-hour fine particulate matter (PM2.5) NAAQS; the 2012 annual PM2.5 NAAQS; the 2008 and 2015 eight-hour ozone (O3) NAAQS; the 2010 one-hour nitrogen dioxide (NO2) NAAQS; and the 2010 one-hour SO2 NAAQS. In conjunction with our final approval of these SIP revisions, we are finalizing in a separate rulemaking, published elsewhere in this issue of the Federal Register, our withdrawal of the Federal implementation plan (FIP) provisions for the Domtar Ashdown Mill.

The Environmental Protection Agency (EPA) is proposing to codify product performance data requirements to support registration of pesticidal products claiming efficacy against three categories of invertebrate pests: Those identified to be of significant public health importance (e.g., ticks, mosquitoes, cockroaches, etc.), wood- destroying insects (e.g., termites), and certain invasive invertebrate species (e.g., Asian longhorned beetle). The latter two categories are pests considered to be of significant economic or ecological importance. Product performance data (efficacy studies) document how well the pesticide performs the intended function, such as killing or repelling, against an invertebrate pest.

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: ``User Fees for the Administration of the Toxic Substances Control Act (TSCA)'' and identified by EPA ICR No. 2569.02 and OMB Control No. 2070-0208, represents the renewal of an existing ICR that is scheduled to expire on October 31, 2021. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.