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

The U.S. Environmental Protection Agency's (EPA), National Enforcement Investigations Center (NEIC) is giving notice that it proposes to create a new system of records pursuant to the provisions of the Privacy Act of 1974. The National Enforcement Investigations Center Master Tracking System (MTS) will contain information related to investigations of persons or organizations alleged to have violated any federal environmental statute or regulation or, pursuant to a cooperative agreement with a state, local, or tribal authority, an environmental statute or regulation of such authority. The U.S. Environmental Protection Agency will separately add exemptions for this system of records to the Agency's Privacy Act regulations at 40 CFR part 16.

This notice announces EPA's final order for the amendments to terminate uses on geraniums and hydrangeas, voluntarily requested by the registrant, and accepted by the Agency, of products containing dicloran (DCNA), pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a May 5, 2021 Federal Register Notice of Receipt of Requests from the registrant listed in Table 2 of Unit II. to voluntarily cancel product use on geraniums and hydrangeas for these product registrations. These are not the only products containing this pesticide registered for use in the United States. In the May 5, 2021 notice, EPA indicated that it would issue an order implementing the amendment to terminate use, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrant withdrew their request. The Agency did not receive any comments on the notice. Further, the registrant did not withdraw their request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested amendment to terminate DCNA use on geranium and hydrangeas. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

This action announces the availability of EPA's response to a petition received on August 2, 2021, from William D. Bush. The petition requests that EPA determine ``that the chemical mixtures contained within cigarettes present an unreasonable risk of injury to health and the environment.'' The petitioner also seeks issuance of a rule or order to ``eliminate the hazardous chemicals used in a mixture with tobacco,'' and to ``develop material techniques of biodegradation to counter or reduce'' environmental risk from current disposal methods of cigarettes under section 6(a) of the Toxic Substances Control Act (TSCA). After careful consideration, EPA has denied the TSCA section 21 petition for the reasons set forth in this document.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Acid Rain Program (EPA ICR Number 1633.18, OMB Control Number 2060-0258) 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 December 31, 2021. Public comments were previously requested via the Federal Register on April 2, 2021 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.

This notice announces the availability of EPA's draft human health and/or ecological risk assessments for the registration review of 2-(Thiocyanomethylthio)-benzothiazole (TCMTB); chlorflurenol methyl ester (CME); dodine/dodecylguanidine hydrochloride (DGH); pentachloronitrobenzene (PCNB); permethrin; pyridalyl and spirodiclofen.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from surface cleaning and degreasing operations, and from batch loaded vapor degreasing operations. We are proposing to approve changes to SIP-approved 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.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Air Emissions Reporting Requirements (EPA ICR Number 2170.08, OMB Control Number 2060-0580) 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 December 31, 2021. Public comments were previously requested via the Federal Register on May 7, 2021, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) is seeking public comment on its draft Strategy to Reduce Lead Exposures and Disparities in U.S. Communities. The EPA has developed this lead strategy to further reduce lead exposures in communities, and particularly those with environmental justice concerns.

The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule ``Clean Air Plans; Base Year Emissions Inventories for the 2015 Ozone Standards; California.'' The agency is extending the comment period for 30 days in response to a stakeholder request for an extension. Thirty days from November 4, 2021, is December 4, 2021, which is a Saturday; therefore, the EPA is extending the comment period to the following Monday, December 6, 2021.

The Environmental Protection Agency (EPA) is finalizing approval of 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 updates the definition of ``Spec. Oil (Specification Oil)'' and makes minor updates to formatting and numbering. 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 proposing to amend the regulations applicable to phenol, isopropylated phosphate (3:1) (PIP (3:1)) promulgated under the Toxic Substances Control Act (TSCA). Specifically, EPA is proposing to extend the compliance date applicable to the processing and distribution in commerce of certain PIP (3:1)-containing articles, and the PIP (3:1) used to make those articles until October 31, 2024, along with the associated recordkeeping requirements for manufacturers, processors, and distributors of PIP (3:1)-containing articles. EPA is also announcing its intention to commence a new rulemaking effort on PIP (3:1) and four other persistent, bioaccumulative, and toxic (PBT) chemicals that have been regulated under TSCA section 6(h). EPA is anticipating issuing a proposal to this end in 2023.

Notice is hereby given of a proposed cost recovery and work administrative settlement concerning the Wampus Milford Associates Site (Site), located in Milford, New Haven County, Connecticut, with the Settling Party, FCI USA LLC. The proposed settlement requires the Settling Party to conduct a removal action estimated to cost approximately $1.2 million at the Wood Block Area of the Site and pay all of EPA's future response costs in overseeing the removal work. The parameters of the removal action include, but are not limited to, excavation and disposal of soil/ woodblock debris contaminated by polycyclic aromatic hydrocarbons. In exchange, EPA will provide the Settling Party with a covenant not to sue for the work, future response costs related to the work, and EPA's past response costs, which are approximately $105,800. For 30 days following the date of publication of this notice, the Agency will receive written comments relating to the settlement for cost recovery and response work.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NOX SIP Call (EPA ICR Number 1857.12, OMB Control Number 2060-0445) 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 December 31, 2021. Public comments were previously requested via the Federal Register on April, 6, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Contractor Cumulative Claim and Reconciliation (EPA ICR Number 0246.14, OMB Control Number 2030-0016) 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 December 30, 2021. Public comments were previously requested via the Federal Register on April 12, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) requests public nominations of scientific experts to consider for service as ad hoc reviewers assisting the SACC with two peer review topics anticipated for early 2022: The draft EPA TSCA Systematic Review Protocol; and the draft EPA TSCA Screening Level Approach for Assessing Ambient Air and Water Exposures to Fenceline Communities. Any interested person or organization may nominate qualified individuals to be considered prospective candidates for these reviews by following the instructions provided in this document. Individuals may also self-nominate.

The Environmental Protection Agency (EPA) is proposing to determine that the Detroit and Rhinelander sulfur dioxide (SO2) nonattainment areas failed to attain the 2010 primary 1-hour SO2 national ambient air quality standard (NAAQS or ``standard'') by the applicable attainment date of October 4, 2018. This proposed determination is based upon air quality modeling using actual and allowable emissions for the Detroit area and monitored air quality data from January 2015 to December 2017 for the Rhinelander area. If EPA finalizes these determinations as proposed, within one year after EPA publishes a final rule the States of Michigan and Wisconsin will be required to submit revisions to their State Implementation Plans (SIPs) that, among other elements, provide for expeditious attainment of the 2010 SO2 standard. However, for the Rhinelander area, if EPA approves the recent revised SIP submission submitted by the State of Wisconsin, EPA is proposing to treat that submission as satisfying the requirement to submit revisions to the SIP to address the failure to timely attain the 2010 SO2 NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve a Clean Air Act (CAA) section 111(d) plan submitted by the Florida Department of Environmental Protection (FDEP) on December 22, 2020. This plan was submitted to fulfill the requirements of the CAA and is responsive to EPA's promulgation of Emissions Guidelines and Compliance Times for municipal solid waste (MSW) landfills. The Florida plan establishes emission limits for existing MSW landfills and provides for the implementation and enforcement of those limits.

On February 18, 2021, the State of Missouri submitted a request for the Environmental Protection Agency (EPA) to redesignate the Jackson County, Missouri, 2010 1-hour sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS) nonattainment area to attainment and approve a State Implementation Plan (SIP) revision containing a maintenance plan for the area. The State provided a supplement to the maintenance plan on September 7, 2021. In response to these submittals, the EPA is proposing to take the following actions: Approve the State's plan for maintaining attainment of the 2010 1-hour SO2 primary standard in the area; and approve the State's request to redesignate the Jackson County SO2 nonattainment area to attainment for the 2010 1-hour SO2 primary standard. This redesignation action, if finalized, will address the EPA's obligation under a consent decree which establishes a deadline of March 31, 2022 for the EPA to determine under Clean Air Act (CAA) section 179(c) whether the Jackson County SO2 nonattainment area attained the NAAQS by the October 4, 2018 attainment date.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Pesticide Environmental Stewardship Program Annual Measures Reporting, (EPA ICR Number 2415.04, OMB Control Number 2070-0188) 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 October 31, 2021. Public comments were previously requested via the Federal Register on March 31, 2021 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.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel their registrations of certain products and to amend certain product registrations to terminate uses. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdrew their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been cancelled and uses terminated only if such sale, distribution, or use is consistent with the terms as described in the final order.

The Environmental Protection Agency (EPA) is approving the Juneau, Mendenhall Valley, Alaska (AK) limited maintenance plan (LMP) submitted on November 10, 2020, by the Alaska Department of Environmental Conservation (ADEC or ``the State''). This plan addresses the second 10-year maintenance period after redesignation for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). The plan relies upon control measures contained in the first 10-year maintenance plan and the determination that the Mendenhall Valley area currently monitors PM10 levels well below the PM10 National Ambient Air Quality Standard (NAAQS or ``the standard''). The EPA is approving Alaska's LMP as meeting Clean Air Act (CAA) requirements.

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 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 09/01/2021 to 09/30/2021.

This notice announces the availability of EPA's proposed interim registration review decisions and opens a 60-day public comment period on the proposed interim decisions for the following pesticides: Chlormequat chloride; cycloate; famoxadone, inorganic chlorates, napropamide, nicarbazin, pyridalyl, and tetraconazole.

This notice announces the availability of EPA's interim registration review decisions for the following chemicals: Amicarbazone; aminopyralid; azadirachtin, cold pressed neem oil and clarified hydrophobic neem oil; benzoic acid; endothall and salts; ethofumesate; fluoxastrobin; forchlorfenuron; gamma-cyhalothrin; inorganic halides; ipconazole; L-lactic acid; lambda-cyhalothrin; metam/MITC; metconazole; myclobutanil; novaluron; picloram; prometon; prothioconazole; and pyrasulfotole. In addition, it announces the closure of the registration review case for propazine.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), TSCA Mercury Inventory Reporting (EPA ICR No. 2567.04, OMB Control No. 2070-0207) 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 October 31, 2021. Public comments were previously requested via the Federal Register on March 24, 2021 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.