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

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Fuel Use Requirements for Great Lakes Steamships (EPA ICR Number 2458.05, OMB Control Number 2060-0679) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is an extension of the ICR, which is currently approved through November 30, 2021. Public comments were previously requested via the Federal Register on March 19, 2021, during a 60-day comment period. This notice allows 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) will host virtual public meetings to discuss how to increase adoption of electronic manifests and solicit feedback from stakeholders. The agenda for both meetings will be identical and all stakeholders are encouraged to attend one of the meetings.

The Environmental Protection Agency (EPA) is approving 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), on April 24, 2020. The SIP revision approves a non-substantive formatting change and the removal of an outdated sentence regarding test methods for gaseous fluorides from South Carolina's ambient air quality standards regulation.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 finalizing approval of these changes pursuant to the Clean Air Act (CAA or Act) and implementing federal regulations.

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Missouri on November 12, 2019, revising the maintenance plan demonstrating continued maintenance of the 2008 ozone National Ambient Air Quality Standard (NAAQS), the 1979 1-Hour and 1997 8-Hour ozone standards in the St. Louis area. This revision demonstrates that the St. Louis area no longer needs to rely on the vehicle Inspection and Maintenance (I/M) program and the use of Reformulated Gasoline (RFG) for continued maintenance throughout the maintenance period for the 2008 8-Hour ozone NAAQS, the 1979 1-Hour ozone NAAQS and 1997 8- Hour ozone NAAQS. The EPA has determined that this revision meets the requirements of the Clean Air Act (CAA).

Pursuant to the Resource Conservation and Recovery Act, as amended, the Environmental Protection Agency (EPA) proposes to take direct final action to approve revisions to the State of Nevada's Underground Storage Tank (UST) program since the previous authorization on July 17, 1998. This action is based on the EPA's determination that these revisions satisfy all requirements needed for program approval. In the ``Rules and Regulations'' section of this Federal Register, the EPA is approving the changes by direct final authorization because we believe this action is not controversial and do not expect comments that oppose it.

The Environmental Protection Agency (EPA) is announcing the availability of a draft document titled, ``Supplement to the 2019 Integrated Science Assessment for Particulate Matter (External Review Draft)'' (EPA/600/R-21/198). The document was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA's Office of Research and Development (ORD) as part of the reconsideration of the 2020 National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). The Supplement represents a targeted review of peer-reviewed studies published since the literature cutoff date (i.e., ~January 2018) of the 2019 Integrated Science Assessment for Particulate Matter (PM ISA). The Supplement and the 2019 p.m. ISA provide the scientific basis for EPA's decisions, in conjunction with additional technical and policy assessments, for the reconsideration of the current NAAQS and the appropriateness of possible alternative standards. EPA is releasing this draft document to seek review by the Clean Air Scientific Advisory Committee (CASAC) and the public. In addition, the date and location of a public meeting for CASAC review of this document will be specified in a separate Federal Register document. This draft document is not final and it does not represent, and should not be construed to represent, any final Agency policy or views. When revising the document, EPA will consider any public comments submitted during the public comment period specified in this notice.

The Acid Rain Program requires sources that do not meet their annual Acid Rain emissions limitations for sulfur dioxide (SO2) or nitrogen oxides (NOX) to pay inflation- adjusted excess emissions penalties. This document provides notice of the annual adjustment factors used to calculate excess emissions penalties for compliance years 2021 and 2022.

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 incorporate revisions to Missouri's rule related to control of emissions from batch process operations. These revisions update references to the appropriate State rule for New Source Performance Regulations. These revisions are administrative in nature and do not reduce the stringency of the SIP or have an adverse impact to air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) revision submitted by the State of Illinois regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 annual fine particulate matter (PM2.5) and 2015 ozone National Ambient Air Quality Standards (NAAQS). Additionally, EPA is proposing to approve the infrastructure requirements related to Prevention of Significant Deterioration (PSD) for previous 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) is planning to submit an information collection request (ICR), ``Final Authorization for Hazardous Waste Management Programs'' (Renewal), (EPA ICR No. 0969.12, OMB Control No. 2050-0041) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described in SUPPLEMENTARY INFORMATION. This is a proposed extension of the ICR, which is currently approved through May 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.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``State Program Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal Units that Receive Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste'' (Renewal), (EPA ICR No. 1608.09, OMB Control No. 2050-0152) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described in Supplementary Information. This is a proposed extension of the ICR, which is currently approved through May 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.

The Environmental Protection Agency (EPA) issued a memorandum rescinding the guidance document entitled ``Applying the Supreme Court's County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program,'' which was signed on January 14, 2021. The memorandum was issued on September 15, 2021.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 5, of a proposed administrative settlement for recovery of past response costs concerning the West Vermont Drinking Water Contamination Site (Site) in Indianapolis, Indiana with the following parties: AIMCO Michigan Meadows Holdings, LLC and AIMCO Properties, L.P. nka Apartment Income REIT, L.P. and Genuine Parts Company, as the Settling Parties and Respondents, and also AIMCO-GP, Inc. nka AIR-GP, Inc. and Apartment Investment and Management Company as Other Covered Parties. The settlement requires the Respondents to pay $2,825,000 in past response costs to a Special Account. Respondents will also prepare an Engineering Evaluation and Cost Analysis as well as pay specified interim and future response costs. The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, relating to the Site, subject to limited reservations, and protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the cost recovery component of this settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at www.epa.gov/ superfund/west-vermont-water.

The Environmental Protection Agency (EPA) is approving a submission by the State of North Carolina, through the Department of Air Quality (DAQ), received on April 23, 2021, to redesignate the Brunswick County, North Carolina, unclassifiable area (hereinafter referred to as the ``Brunswick 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 1-hour SO2 NAAQS''). Because EPA now has sufficient information to determine that the Brunswick County Area is attaining the 2010 1-hour SO2 NAAQS, the Agency is approving the State's request to redesignate the Area from unclassifiable to attainment/unclassifiable for the 2010 1-hour SO2 NAAQS.

EPA issued a final rule in the Federal Register of April 19, 2021, establishing tolerances for residues of the insecticide metaflumizone in or on multiple commodities requested by BASF Corporation under the Federal Food, Drug, and Cosmetic Act (FFDCA). That document inadvertently requested removal of tolerances for the crop group fruit, stone, group 12-12. This document corrects the final regulation.

The Environmental Protection Agency (EPA) is proposing to authorize changes to Arizona's hazardous waste program under the Resource Conservation and Recovery Act (RCRA). These changes were outlined in an application to the EPA and correspond to certain Federal rules promulgated between July 1, 2007 and June 30, 2020. The EPA reviewed Arizona's application and has determined that these changes satisfy all requirements needed to qualify for final authorization. Therefore, in the ``Rules and Regulations'' section of this Federal Register, we are authorizing Arizona for these changes as a direct final authorization without a prior proposed action. If we receive no adverse comment, we will not take further action on this proposed authorization.

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 Healthy Communities (SHC) Subcommittee to review the SHC research program. EPA's Sustainable and Healthy Communities (SHC) Research program provides technical solutions, tools, information, and other resources in three topic areas critical to fulfilling the Agency's mission to protect the environment and safeguard public health: Contaminated Sites; Waste and Materials Management; and Healthy and Resilient Communities.

This regulation establishes tolerances for residues of metalaxyl in or on black pepper. American Spice Trade Association requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is proposing to approve a revision to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina Department of Environmental Quality, Division of Air Quality, via a letter dated April 13, 2021, and received by EPA on April 14, 2021. This revision contains minor clarifying and typographical edits to North Carolina's cotton ginning operations rule. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).

This notice announces the competition for the 2022 Clean Air Excellence Awards Program. EPA established the Clean Air Excellence Awards Program in February 2000 to recognize outstanding and innovative efforts that support progress in achieving clean air.

The Environmental Protection Agency (EPA) is proposing to approve in part and disapprove in part 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 1997 24- hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) in the San Joaquin Valley nonattainment area. Specifically, the EPA is proposing to approve all but the contingency measure element of the submitted SIP revision as meeting all applicable Serious area and CAA section 189(d) requirements for the 1997 24-hour PM2.5 NAAQS and is proposing disapproval of the contingency measure element. The EPA is also proposing to determine that the San Joaquin Valley air quality planning area has attained the 1997 24-hour PM2.5 NAAQS. This determination is based on sufficient, quality-assured, and certified data for 2018-2020. Based on our proposed finding that the San Joaquin Valley nonattainment area has attained the 1997 24-hour PM2.5 NAAQS, we are proposing to determine that the requirement for contingency measures will no longer apply to the San Joaquin Valley nonattainment area for these NAAQS. Thus, the EPA is proposing to issue a protective finding for transportation conformity determinations for this proposed disapproval.

The Environmental Protection Agency (EPA) is approving parts of state implementation plan (SIP) submissions, submitted by the State of Alaska (Alaska or the State) to address Clean Air Act (CAA or Act) requirements for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) in the Fairbanks North Star Borough PM2.5 nonattainment area (Fairbanks PM2.5 Nonattainment Area). The EPA is also approving rule revisions and an associated air quality control plan chapter submitted by Alaska into the federally-approved SIP. Alaska made these submissions on October 25, 2018, November 28, 2018, December 13, 2019, (Fairbanks Serious Plan) and December 15, 2020.

EPA is required under the Toxic Substances Control Act (TSCA) to make information publicly available and to publish information in the Federal Register pertaining to submissions under TSCA, 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 08/01/2021 to 08/31/2021.

The Environmental Protection Agency is planning to submit an information collection request (ICR), Notification of Episodic Releases of Oil and Hazardous Substances (Renewal) (EPA ICR Number 1049.15, OMB Control Number 2050-0046) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described in SUPPLEMENTARY INFORMATION. This is a proposed extension of the ICR, which is currently approved through May 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.

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), Air Pollution Control Division, on June 23, 2020. The SIP revision includes the 1997 8-hour ozone national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the Montgomery County, Tennessee portion of the Clarksville-Hopkinsville Area (hereinafter referred to as the ``Montgomery County Area'' or ``Area''). The Clarksville-Hopkinsville Area is comprised of Montgomery County, Tennessee, and Christian County, Kentucky. EPA is proposing to approve Tennessee's LMP for the Montgomery County Area because it provides for the maintenance of the 1997 8-hour ozone NAAQS within the Montgomery County Area through the end of the second 10-year portion of the maintenance period. The effect of this action would be to make certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in the Montgomery County Area federally enforceable as part of the Tennessee SIP.