Environmental Protection Agency May 2021 – Federal Register Recent Federal Regulation Documents
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Availability of the IRIS Assessment Plan for Inhalation Exposure to Vanadium and Compounds
The Environmental Protection Agency (EPA) is announcing a 30- day public comment period associated with release of the IRIS Assessment Plan for Inhalation Exposure to Vanadium and Compounds. This document communicates information on the scoping needs identified by EPA program and regional offices and the IRIS Program's initial problem formulation activities. EPA is releasing this IRIS Assessment Plan for a 30-day public comment period in advance of a public science webinar planned for July 2021. EPA will announce the virtual public meeting date and registration details in June 2021 on the EPA IRIS website.
Pesticide Product Registration; Receipt of Applications for New Active Ingredients-May 2021
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.
Dinotefuran; Receipt of Applications for Emergency Exemption, Solicitation of Public Comment
EPA has received specific exemption requests from the Pennsylvania Department of Agriculture and the Virginia Department of Agriculture and Consumer Services to use the pesticide dinotefuran (CAS No. 165252-70-0) to treat up to 25,000 and 29,000 acres, respectively, of pome and stone fruits to control the brown marmorated stinkbug. The applicants propose uses which are supported by the Interregional Research Project Number 4 (IR4) program and have been requested in 5 or more previous years, and petitions for tolerances have not yet been submitted to the Agency. Therefore, as required, EPA is soliciting public comment before making the decision whether or not to grant the exemptions.
Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act
The Environmental Protection Agency (EPA or Agency) will host virtual public listening sessions on June 16, 2021 and July 8, 2021. The goals of the sessions are to solicit comments and suggestions from stakeholders pertaining to the review of EPA Risk Management Program (RMP) regulation revisions completed since 2017 and to address new priorities, as directed under Executive Order 13990: Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis (E.O. 13990). The Occupational Health and Safety Administration (OSHA) will participate in the listening sessions to foster continued coordination with the EPA and receive comments on the Process Safety Management (PSM) Standard. For more information, go to the SUPPLEMENTARY INFORMATION section of this document.
Clean Air Act New Source Review Operating Permit Program; Notice of Transfer of Permits to Wyoming Department of Environmental Quality
The EPA is granting Wyoming Department of Environmental Quality's (WDEQ) August 21, 2020 request to transfer to the State administrative authority over two existing federal permits that were issued by the EPA on June 26, 1973 under the federal new source review (NSR) permitting program. In addition, the EPA is agreeing with WDEQ's analysis in its August 21, 2020 letter demonstrating that the current Wyoming regulations still meet the requirements of the federal NSR permitting program. This action transfers the 1973 federally issued permits to Wyoming. The EPA is taking this action in accordance with the Clean Air Act (CAA) and the Code of Federal Regulations NSR program requirements. This is a direct final action because the action is deemed noncontroversial.
Clean Air Act New Source Review Operating Permit Program; Notice of Transfer of Permits to Wyoming Department of Environmental Quality
The EPA is proposing to grant Wyoming Department of Environmental Quality's (WDEQ) August 21, 2020 request to transfer to the State administrative authority over two federal permits that were issued by the EPA on June 26, 1973 under the federal new source review (NSR) permitting program. In addition, the EPA is proposing to agree with WDEQ's analysis in its August 21, 2020 letter demonstrating that the current Wyoming regulations still meet the requirements of the federal NSR permitting program. This action is proposing to transfer the 1973 federally issued permits to Wyoming. The EPA is proposing this action in accordance with the Clean Air Act and the Code of Federal Regulations NSR program requirements.
Air Plan and Operating Permit Program Approval; Kentucky; Public, Affected State, and EPA Review
The Environmental Protection Agency (EPA) is proposing to approve changes to the Kentucky State Implementation Plan (SIP) and the Kentucky Title V Operating Permit Program (Title V) submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet) on August 12, 2020, and March 29, 2021. These revisions address the public notice rule provisions for the New Source Review (NSR), Federally Enforceable State Operating Permits (FESOP) and Title V programs of the Clean Air Act (CAA or Act) by providing for electronic notice (``e-notice'') and removing the mandatory requirement to provide public notice of a draft air permit in a newspaper. EPA is proposing to approve these changes as they are consistent with the Clean Air Act (CAA or Act) and implementing federal regulations.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Clean Water Act Section 404 State-Assumed Programs (Renewal)
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Clean Water Act Section 404 State-Assumed Programs (EPA ICR Number 0220.14, OMB Control Number 2040-0168) 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 July 31, 2021. Public comments were previously requested, via Federal Register 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.
Approval and Promulgation of Implementation Plans; Utah; Source Category Exemptions
The Environmental Protection Agency (EPA) is taking final action 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 section 110 of the Clean Air Act (CAA).
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Pharmaceuticals Production (Renewal)
The Environmental Protection Agency has submitted an information collection request (ICR), NESHAP for Pharmaceuticals Production, 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 July 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Beryllium Rocket Motor Fuel Firing (Renewal)
The Environmental Protection Agency has submitted an information collection request (ICR), ``NESHAP for Beryllium Rocket Motor Fuel Firing (EPA ICR Number 1125.09, OMB Control Number 2060- 0394), 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 July 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.
Air Plan Approval; Texas; Revisions to the Texas Diesel Emissions Reduction Incentive Program
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving a revision to the Texas State Implementation Plan (SIP) that pertains to the Texas Diesel Emissions Reduction Incentive Program, submitted on August 13, 2020.
Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Youngstown-Warren-Sharon Area
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision pertains to the Commonwealth's plan, submitted by the Pennsylvania Department of Environmental Protection (PADEP), for maintaining the 1997 8-hour ozone national ambient air quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') for the Youngstown-Warren-Sharon Area (Youngstown Area) of Pennsylvania. EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).
Air Plan Approval; SC; Updates to Ambient Air Quality Standards
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC or Department), on April 24, 2020. The SIP revision proposes a non-substantive formatting change and the removal of an outdated sentence regarding test methods for gaseous fluorides from South Carolina's ambient air quality standards regulation. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act) and implementing federal regulations.
Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the York-Adams Area
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision pertains to the Commonwealth's plan, submitted by the Pennsylvania Department of Environmental Protection (PADEP), for maintaining the 1997 8-hour ozone national ambient air quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') for the York-Adams Area of Pennsylvania. EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).
Proposed Information Collection Request; Comment Request; Information Collection Activities Associated With EPA's ENERGY STAR® Product Labeling (Renewal)
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``EPA's ENERGY STAR Product Labeling'' (EPA ICR No. 2078.07, OMB Control No. 2060-0528), 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 January 31, 2022. 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.
Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants Under the Safe Drinking Water Act; Analysis and Sampling Procedures
This action announces the Environmental Protection Agency's (EPA) approval of alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 17 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection.
Air Plan Approval; OR; Smoke Management Revision
The Environmental Protection Agency (EPA) is approving 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 has determined that the changes are consistent with Clean Air Act requirements.
Notice of Data Availability Relevant To Petition Submissions Under the American Innovation and Manufacturing Act of 2020
This Notice of Data Availability is to alert stakeholders of petitions submitted to the Environmental Protection Agency under subsection (i) of the American Innovation and Manufacturing Act of 2020, and to provide notice of a new docket where these petitions and others submitted under subsection (i) will be made publicly available. The docket will provide the public the opportunity to view petitions submitted under this subsection and to submit any supplemental relevant data to the petitions. The Agency may consider relevant information submitted to the docket in its determinations of whether to grant or deny subsection (i) petitions.
Proposed Information Collection Request; Comment Request; Cross-State Air Pollution Rule and Texas SO2
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Cross-State Air Pollution Rule and Texas SO2 Trading Programs (Renewal)'' (EPA ICR No. 2391.06, OMB Control No. 2060-0667) 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 proposed extension of the ICR, which is currently approved through March 31, 2022. 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.
Air Quality Designation; TN: Redesignation of the Sumner County 2010 Sulfur Dioxide Unclassifiable Area
The Environmental Protection Agency (EPA) is approving a submission 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 is approving the State's request and redesignating the Area to attainment/unclassifiable for the 2010 1-hour SO2 NAAQS.
Pesticide Registration Review; Sulfuryl Fluoride Draft Interim Re-Entry Mitigation Measures and Registration Review Draft Risk Assessments for Sulfuryl Fluoride; Notice of Availability
This notice announces the availability of EPA's Sulfuryl Fluoride Draft Interim Re-Entry Mitigation Measures and several registration review draft risk assessments for sulfuryl fluoride. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. EPA may pursue mitigation at any time during the registration review process if it finds that a pesticide poses unreasonable adverse effects to human health or the environment. To address human health incidents and in response to EPA's Office of Inspector General 2016 (OIG) Report, Additional Measures Can Be Taken to Prevent Deaths and Serious Injuries From Residential Fumigations (No. 17-P-0053), the EPA believes that the mitigation measures outlined in this Sulfuryl Fluoride Draft Interim Re-Entry Mitigation Measures are necessary to address identified human health risk concerns. The scope of this interim mitigation is focused on the use of sulfuryl fluoride as a structural fumigant in residential use sites. The Agency is also publishing several registration review risk assessments on sulfuryl fluoride for public comment.
Industrial Waste Processing Site, Fresno, California; Notice of Proposed CERCLA Settlement Agreement and Order on Consent
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), notice is hereby given of a proposed administrative settlement with Pacific Tent & Awning (Pacific Tent), for payment of costs of investigation and remediation at the Industrial Waste Processing (IWP) Site located at 7140 North Harrison Street, Fresno, California. The Environmental Protection Agency (EPA) enters the settlement pursuant to Section 122(h)(1) of CERCLA. The settlement provides for Pacific Tent's payment of $21,000, plus interest, towards costs incurred by EPA and the United States in investigating and remediating contamination resulting from reclamation of solvents from printing operations, glycols from fluids used in natural gas dehydration, and lead solder and zinc from waste solder flux generated by the metal can manufacturing industry during IWP's operations at the Site in 1967-1981. The settlement includes a covenant not to sue pursuant to Sections 106 or 107(a) of CERCLA. For thirty (30) days following the date of publication of this Notice in the Federal Register, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate the proposed settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 75 Hawthorne Street, San Francisco, CA 94105.
Air Plan Approval; Missouri; Restriction of Emissions From Lithographic and Letterpress Printing Operations
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri State Implementation Plan (SIP) received on November 10, 2020. The submission revises a Missouri regulation that restricts volatile organic compound emissions from lithographic and letterpress printing operations in the St. Louis Metropolitan Area. Specifically, the state has revised this rule in order to clarify rule applicability, update incorporation by reference information, update test method reference, clarify definitions, and remove the unnecessary use of restrictive words to improve clarity. Approval of these revisions will ensure consistency between state and federally-approved rules.
Nominations to the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel; Request for Comments
This notice provides the names, addresses, and professional affiliations of persons recently nominated to serve on the Scientific Advisory Panel (SAP) established under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Panel was created on November 28, 1975, and made a permanent Panel by amendment to FIFRA, dated October 25, 1988. The Agency, at this time, anticipates selecting new members to serve on the panel because of the upcoming expirations of membership terms. Current members of the SAP are eligible for reappointment during this period. Therefore, the appointments completed over the next year may include a mix of newly appointed and reappointed members. As additional background, the biographies of current SAP members are available on the FIFRA SAP website at: https://www.epa.gov/ sap. Public comments on the current nominations are invited, as these comments will be used to assist the Agency in selecting the new members for the chartered SAP.
Pesticide Registration Review; Draft Human Health and/or Ecological Risk Assessments for Several Pesticides; Notice of Availability
This notice announces the availability of EPA's draft human health and/or ecological risk assessments for the registration review of chlormequat chloride, chlorothalonil and tebuconazole.
Air Plan Approval; ID: Logan Utah-Idaho PM2.5
The Environmental Protection Agency (EPA) is redesignating the Idaho portion of the Logan, Utah-Idaho fine particulate matter (PM2.5) nonattainment area (Logan UT-ID NAA) to attainment for the 2006 PM2.5 National Ambient Air Quality Standard (NAAQS). EPA is also approving a maintenance plan for the area demonstrating continued compliance with the 2006 PM2.5 NAAQS through 2031, which the Idaho Department of Environmental Quality (IDEQ) submitted along with the redesignation request on September 13, 2019, for inclusion in the Idaho State Implementation Plan (SIP). Additionally, EPA is approving the 2031 motor vehicle emissions budgets included in Idaho's maintenance plan for PM2.5, nitrogen oxides (NOX) and volatile organic compounds (VOC). EPA is taking this final action pursuant to the Clean Air Act (CAA or the Act).
Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area Requirements; Western Nevada County, California
The Environmental Protection Agency (EPA) is taking final action to approve, or conditionally approve, all or portions of a state implementation plan (SIP) revision submitted by the State of California to meet Clean Air Act (CAA or ``Act'') requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') in the Nevada County (Western part), California ozone nonattainment area (``Western Nevada County''). The SIP revision is the ``Ozone Attainment Plan, Western Nevada County, State Implementation Plan for the 2008 Primary Federal 8-Hour Ozone Standard of .075 ppm'' (``2018 Western Nevada County Ozone Plan'' or ``Plan''). The 2018 Western Nevada County Ozone Plan addresses the ``Serious'' nonattainment area requirements for the 2008 ozone NAAQS, including the requirements for emissions inventories, attainment demonstration, reasonable further progress, reasonably available control measures, and contingency measures, among others; and establishes motor vehicle emissions budgets. The EPA is approving the 2018 Western Nevada County Ozone Plan as meeting all the applicable ozone nonattainment area requirements except for the contingency measure requirement, which the EPA is conditionally approving.
Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014, and Have Not Been Modified or Reconstructed Since July 17, 2014
In this action, the U.S. Environmental Protection Agency (EPA) is promulgating a Federal plan to implement the Emission Guidelines (EG) and Compliance Times for Municipal Solid Waste (MSW) Landfills (2016 MSW Landfills EG) for existing MSW landfills located in states and Indian country where state plans or tribal plans are not in effect. This MSW Landfills Federal Plan includes the same elements as required for a state plan: Identification of legal authority and mechanisms for implementation; inventory of designated facilities; emissions inventory; emission limits; compliance schedules; a process for the EPA or state review of design plans for site-specific gas collection and control systems (GCCS); testing, monitoring, reporting and record keeping requirements; and public hearing requirements. Additionally, this action summarizes implementation and delegation of authority of the MSW Landfills Federal Plan.
Petition for Rulemaking Under TSCA; Reasons for Agency Response; Denial of Requested Rulemaking
This document announces the availability of EPA's response to a portion of the petition it received February 8, 2021, from People for Protecting Peace River, Center for Biological Diversity, and 16 other organizations. While the petition requested three actions related to TSCA, EPA has determined that only one of those actions is an appropriate request: A request to issue a test rule under TSCA requiring testing of phosphogypsum and process wastewater from phosphoric acid production. EPA is treating the other portions of the petition involving TSCA as a petition under the Administrative Procedure Act (APA); those other portions request EPA to initiate the prioritization process for designating phosphogypsum and process wastewater as high-priority substances for risk evaluation, and to make a determination by rule under TSCA that the use of phosphogypsum in road construction is a significant new use. Therefore, this document does not provide EPA's response to these two TSCA-requested actions. Also, this document does not address the petitioners' requests under the Resource Conservation and Recovery Act (RCRA). After careful consideration, EPA has denied the TSCA section 21 portion of the petition for the reasons set forth in this document.
Air Plan Approval; California; Mojave Desert Air Quality Management District, Placer County Air Pollution Control District, South Coast Air Quality Management District
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD), Placer County Air Pollution Control District (PCAPCD) and the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of: Volatile organic compounds (VOCs) and particulate matter (PM) from metal coating operations. We are proposing to approve local rules and rescissions 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.
Air Plan Approval; North Carolina; Monitoring: Recordkeeping: Reporting
The Environmental Protection Agency (EPA) is proposing to approve changes to the North Carolina State Implementation Plan (SIP) submitted through the North Carolina Division of Air Quality (NCDAQ) on October 9, 2020. The SIP revision seeks to modify the State's monitoring, recordkeeping, and reporting regulations by adding one definition, adding references to approved testing methods, updating the reference format, and making minor changes to general formatting and language use for clarity purposes. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Massachusetts; 111(d)/129 Revised State Plan for Large Municipal Waste Combustors
The Environmental Protection Agency (EPA) is proposing to approve the Clean Air Act State Plan revisions for Large Municipal Waste Combustors (MWC) submitted by the Massachusetts Department of Environmental Protection (MassDEP) on December 18, 2018. The revised State Plan is in response to amended emission guidelines (EGs) for Large MWCs promulgated on May 10, 2006. MassDEP's State Plan is for implementing and enforcing provisions at least as protective as the EGs applicable to existing Large MWC. This action is being taken under the Clean Air Act.
Air Plan Approval; California; Los Angeles-South Coast Air Basin
The Environmental Protection Agency (EPA) is proposing to approve a revision to the South Coast Air Quality Management District (SCAQMD or ``District'') portion of the California State Implementation Plan (SIP). We are also proposing to determine that the submitted SIP revision fulfills the District's and the State's commitment to adopt and submit a specific enforceable contingency measure to address Clean Air Act (CAA) requirements for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 2012 annual PM2.5 NAAQS. We are taking comments on this proposal and plan to follow with a final action.
Certain New Chemicals; Receipt and Status Information for April 2021
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 04/01/ 2021 to 04/30/2021.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Explanation of Significant Differences for the Del Norte County Pesticide Storage Area Superfund Site
The U.S. Environmental Protection Agency (EPA) Region 9 is issuing an explanation of significant differences (ESD) for the Del Norte County Pesticide Storage Area Superfund Site (the Site), located at 2650 West Washington Boulevard in Crescent City, Del Norte County, California, and is notifying the public of this undertaking. When significant but not fundamental changes are made to the scope, performance, or cost of a remedy after a final remedy has been adopted, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), require that the lead agency prepare an ESD. Because the Site's remaining contaminant of concern (COC) has reached drinking water standards, this ESD was issued to modify the remedy at the Site to remove the technical impracticability (TI) waiver for 1,2-dichloropropane (1,2-DCP) and reinstate the applicable or relevant and appropriate requirement (ARAR) for 1,2-DCP. In accordance with CERCLA, the EPA consulted with the support agency, the California Department of Toxic Substances Control (DTSC). DTSC provided written concurrence on the ESD. The Site was delisted from EPA's National Priorities List (NPL) in 2002, and this remedy modification does not impact EPA's determination that the Site remedy remains protective of human health and the environment, complies with federal and state requirements that were identified as applicable or relevant and appropriate to this remedial action, and is cost-effective.
Approval and Promulgation of Implementation Plans; State of Utah; Logan, Utah-Idaho PM2.5
The Environmental Protection Agency (EPA) is approving the request by the State of Utah to redesignate the Logan, Utah-Idaho (UT- ID) nonattainment area (NAA) (Logan NAA) to attainment status for the 2006 24-hour National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 microns (PM2.5), and approving related State Implementation Plan (SIP) revisions submitted by the State of Utah on November 5, 2019, and January 13, 2020. EPA is taking this action pursuant to the Clean Air Act (CAA or the Act). A separate EPA redesignation rulemaking will be conducted for the Idaho portion of the Logan NAA.
Clean Water Act Methods Update Rule for the Analysis of Effluent
The Environmental Protection Agency (EPA) is finalizing changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other environmental samples for reporting under EPA's National Pollutant Discharge Elimination System (NPDES) permit program. The Clean Water Act (CWA) requires EPA to promulgate these test procedures (analytical methods) for analysis of pollutants. EPA anticipates that these changes will provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this update to the CWA methods is incorporating technological advances in analytical technology.
Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program Under the American Innovation and Manufacturing Act
The Environmental Protection Agency is proposing to issue regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on December 27, 2020. This rulemaking proposes to: Establish the hydrofluorocarbon production and consumption baselines based on historical data; establish the allowance allocation program to phase down hydrofluorocarbon production and consumption; determine an initial methodology to allocating allowances and allowing for the transfer of those allowances; establish provisions for the international transfer of allowances; establish requirements to support compliance with phasing down hydrofluorocarbon production and consumption; establish recordkeeping and reporting requirements; release certain data to provide transparency and support implementation of the program; and, address certain other elements related to the effective implementation of the American Innovation and Manufacturing Act. In addition to the proposed provisions, EPA is seeking advance input on how the Agency may alter its determination of company-specific allocations in later years. EPA is considering these issues, and therefore is seeking public input on them, but is not making any particular proposal in relation to them, and therefore will not finalize any requirements on these topics before issuing a notice of proposed rulemaking and requesting public comment.
C10-23 Alkyl Group-Containing Alkali-Soluble Acrylic Emulsion Polymer; Exemption From the Requirement of a Tolerance
This regulation establishes an exemption from the requirement of a tolerance for residues of C10-23 alkyl group-containing alkali- soluble acrylic emulsion polymer; minimum number average molecular weight 29,000 Daltons when used as an inert ingredient in a pesticide chemical formulation. Ag-Chem Consulting LLC on behalf of Corbet Scientific LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of C10-23 alkyl group-containing alkali-soluble acrylic emulsion polymer on food or feed commodities.
Air Plan Approval; Nebraska; Revisions to Title 115 of the Nebraska Administrative Code; Rules of Practice and Procedure
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the State Implementation Plan (SIP) submitted by the State of Nebraska on September 24, 2020. This final action will amend the SIP to revise the Nebraska Administrative Code ``Nebraska Rules of Practice and Procedure.'' These rules describe 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. The revisions 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 revisions also update language; renumber chapters; and make minor wording changes. The 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.
EPA Guidance; Administrative Procedures for Issuance and Public Petitions; Rescission
In accordance with the Presidential directive of January 20, 2021, ``Revocation of Certain Executive Orders Concerning Federal Regulation,'' the Environmental Protection Agency (EPA) is rescinding its October 19, 2020, final rule establishing administrative procedures for issuing Agency guidance documents.
Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units
Under the Cross-State Air Pollution Rule (CSAPR) trading program regulations, EPA allocates emission allowances to existing electricity generating units as provided in a notice of data availability (NODA). In the Revised CSAPR Update promulgated earlier this year, EPA finalized default allocations of CSAPR NOX Ozone Season Group 3 allowances to existing units in Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia from the new state emissions budgets for the control periods in 2021 and subsequent years. In the same rule, EPA also finalized a formula for determining supplemental amounts of allowances to be issued for the 12 states for the 2021 control period and a methodology for allocating each state's supplemental allowances among the state's existing units. Through this NODA, EPA is providing notice of the availability of data on the allowance allocations to existing units from both the state emissions budgets and the supplemental allowances, as well as the data upon which the allocations are based.
Administration of Cross-State Air Pollution Rule Trading Program Assurance Provisions for 2020 Control Periods
The Environmental Protection Agency (EPA) is providing notice of the availability of data on the administration of the assurance provisions of the Cross-State Air Pollution Rule (CSAPR) trading programs for the control periods in 2020. Total emissions of nitrogen oxides (NOX) reported by Mississippi and Missouri units participating in the CSAPR NOX Ozone Season Group 2 Trading Program during the 2020 control period exceeded the respective states' assurance levels under the program. Data demonstrating the exceedances and EPA's preliminary calculations of the amounts of additional allowances that the owners and operators of certain Mississippi and Missouri units must surrender have been posted in a spreadsheet on EPA's website. EPA will consider timely objections to the data and calculations before making final determinations of the amounts of additional allowances that must be surrendered.
Announcing Upcoming Meeting of Mobile Sources Technical Review Subcommittee
Pursuant to the Federal Advisory Committee Act, EPA announces an upcoming meeting of the Mobile Sources Technical Review Subcommittee (MSTRS), which is a subcommittee under the Clean Air Act Advisory Committee (CAAAC). This is a virtual meeting and open to the public. The meeting will include discussion of current topics and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. MSTRS listserv subscribers will receive notification when the agenda is available on the Subcommittee website. To subscribe to the MSTRS listserv, send an email to MSTRS@epa.gov.
Trifludimoxazin; Pesticide Tolerances
This regulation establishes tolerances for residues of trifludimoxazin in or on multiple commodities which are identified and discussed later in this document. BASF corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
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