Environmental Protection Agency November 8, 2021 – Federal Register Recent Federal Regulation Documents
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Deadline Extension for Regional Roundtable Discussions Regarding “Waters of the United States”
On October 13, 2021, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (hereafter, ``the agencies'') signed a Federal Register publication and publicly announced a process for stakeholders to submit nomination letters with a slate of participants to potentially be selected as one of ten geographically focused roundtables to provide input on the regional implications of ``waters of the United States'' (WOTUS) under the Clean Water Act. The intent for each regional roundtable is to engage individuals representing diverse perspectives in meaningful dialogue on the definition of ``waters of the United States.'' This Federal Register document was published on October 25, 2021. In response to robust interest in these roundtables, the agencies are extending the deadline for nominations to be submitted to 11:59 p.m. Eastern Standard Time on December 1, 2021. In addition, the agencies are providing certain clarifications regarding the nomination process.
Response to Vacatur of Certain Provisions of the Mercury Inventory Reporting Rule
The Environmental Protection Agency (EPA) is revising regulations associated with persons who must report data to the Agency's mercury inventory established under the Toxic Substances Control Act (TSCA). Those reporting requirements were set forth in a final rule entitled ``Reporting Requirements for TSCA Mercury Inventory: Mercury'' (hereafter ``mercury inventory reporting rule''). These revisions implement an order issued by the United States Court of Appeals for the Second Circuit (Second Circuit), on June 5, 2020.
Approval and Promulgation of Air Quality Implementation Plans; Washington; Low Emission Vehicle Program
The Environmental Protection Agency (EPA) is approving a revision to the Washington State Implementation Plan (SIP) pertaining to adoption by reference of a Low Emission Vehicle (LEV) program by the State of Washington. The Clean Air Act (CAA) grants authority to the EPA to adopt Federal standards relating to the control of emissions from new motor vehicles, and generally preempts states from doing so. However, the CAA provides California the ability to adopt and enforce its own new motor vehicle emission standards, as long as the EPA approves California's standards via a preemption waiver. The CAA also allows other states to adopt California's new motor vehicle emission standards for which the EPA has granted such a waiver providing other relevant criteria are met. Washington adopted California's LEV emission standards in 2005, effective with new vehicles sold in model year 2009. Washington subsequently amended its new motor vehicle emissions program to incorporate California's LEV updates to its program. The purpose of this SIP revision is to implement programs to reduce vehicle emissions that contribute to formation of ground level ozone and fine particulate matter. Washington did not submit provisions related to greenhouse gas emissions from new motor vehicles or zero-emission vehicles requirements for inclusion in the SIP. The EPA is approving and incorporating by reference Washington's LEV SIP revision, as it relates to criteria pollutants, in accordance with the requirements of the CAA.
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