Environmental Protection Agency December 7, 2021 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is making a determination that the St. Clair sulfur dioxide (SO2) nonattainment area has attained the 2010 primary SO2 National Ambient Air Quality Standard (2010 SO2 NAAQS). This determination suspends certain planning requirements and sanctions for the nonattainment area for as long as the area continues to attain the 2010 SO2 NAAQS. EPA proposed this action on August 17, 2021, and received four supportive comments and one set of adverse comments.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Wisconsin State Implementation Plan (SIP) to meet the volatile organic compound (VOC) and nitrogen oxides (NOX) reasonably available control technology (RACT), clean- fuel vehicle programs (CFVP), and the enhanced monitoring of ozone and ozone precursors (EMP) requirements of the Clean Air Act (CAA) in the Wisconsin portion of the Chicago-Naperville, Illinois-Indiana-Wisconsin nonattainment area (Chicago area) for the 2008 ozone National Ambient Air Quality Standards (NAAQS or standards). EPA is proposing to approve this SIP revision pursuant to section 110 and part D of the requirements of the CAA and EPA's regulations, because it satisfies the above requirements for an area which is classified as serious nonattainment for the 2008 ozone NAAQS. Other serious elements will be addressed in a separate action.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants through 2020 Pesticide Registration Maintenance Fee responses to voluntarily cancel certain pesticide registrations. 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 withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Texas Environmental Justice Advocacy Services, et al. v. Regan, No. 1:20-cv- 03733-RJL. On December 18, 2020, Plaintiffs Texas Environmental Justice Advocacy Services, California Communities Against Toxics, Environmental Integrity Project, Louisiana Environmental Action Network, Ohio Valley Environmental Council, RISE St. James, and Sierra Club (collectively ``Plaintiffs'') filed a complaint in the United States District Court for the District of Columbia. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non- discretionary duties in accordance with the Act to ``review and, if appropriate, revise'' the New Source Performance Standards (``NSPS'') or to promulgate a determination that revision ``is not appropriate in light of readily available information on the efficacy of such standard[s]'' for four categories of synthetic organic chemical manufacturing industry (``SOCMI'') stationary sources, and to ``review, and revise as necessary'' the National Emission Standards for Hazardous Air Pollutants (``NESHAP'') for SOCMI source categories regulated under the Hazardous Organic NESHAP Rule (``HON'') at least every 8 years. The proposed consent decree would establish deadlines for EPA to take actions.

The Environmental Protection Agency (EPA) and the Department of the Army (``the agencies'') are publishing for public comment a proposed rule defining the scope of waters protected under the Clean Water Act. This proposal is consistent with the Executive Order signed on January 20, 2021, on ``Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,'' which directed the agencies to review the agencies' rule promulgated in 2020 defining ``waters of the United States.'' This proposed rule would meet the objective of the Clean Water Act and ensure critical protections for the nation's vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States.