Environmental Protection Agency 2021 – Federal Register Recent Federal Regulation Documents

Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of Kansas's Underground Storage Tank (UST) program submitted by the Kansas Department of Health and Environment (KDHE). This action also codifies EPA's approval of Kansas's State program and incorporates by reference those provisions of the State regulations that we have determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I and other applicable statutory and regulatory provisions.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Imperial County Air Pollution Control District (ICAPCD or ``District'') portion of the California State Implementation Plan (SIP). The revision concerns emissions of volatile organic compounds (VOCs) from gasoline transfers at bulk gasoline terminals storage. We are approving a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act).

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants 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 their 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.

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) Executive Committee (EC) to review the draft reports of the Homeland Security (HS) and Safe and Sustainable Water Resources (SSWR) subcommittees and discuss Per- and Polyfluoroalkyl Substances (PFAS).

In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on an Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB). The ICR, entitled: ``Asbestos-Containing Materials in Schools and Asbestos Model Accreditation Plans'' and identified by EPA ICR No. 1365.12 and OMB Control No. 2070-0091, represents the renewal of an existing ICR that is scheduled to expire on May 31, 2022. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

The Environmental Protection Agency (EPA) proposes to take action on portions of four state implementation plan (SIP) revisions submitted by California to address Clean Air Act (CAA or ``Act'') requirements for the 2012 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ``standards'') and for the 2006 PM2.5 NAAQS in the San Joaquin Valley (SJV) PM2.5 nonattainment area. Specifically, the EPA proposes to approve all but the contingency measure element of the submitted Moderate area plan for the 2012 PM2.5 NAAQS, as updated by the submitted Serious area plan and related Valley State SIP Strategy, as meeting all applicable Moderate area plan requirements for the 2012 PM2.5 NAAQS and to approve 2022 motor vehicle emissions budgets for use in transportation conformity analyses for the 2012 PM2.5 NAAQS. The EPA proposes to disapprove the contingency measure element with respect to the ``Moderate'' area requirements for the 2012 PM2.5 NAAQS. The EPA also proposes to reclassify the SJV PM2.5 nonattainment area, including reservation areas of Indian country and any other area of Indian country within it where the EPA or a tribe has demonstrated that the tribe has jurisdiction, as a ``Serious'' nonattainment area for the 2012 PM2.5 NAAQS based on the EPA's determination that the area cannot practicably attain the standard by the applicable Moderate area attainment date of December 31, 2021. Upon final reclassification of the SJV as a Serious area for this NAAQS, California would be required to submit a Serious area plan for the area that includes a demonstration of attainment by the applicable Serious area attainment date, which is no later than December 31, 2025, or by the most expeditious alternative date practicable. However, we note that California has already submitted such Serious area plan that the EPA will address in a separate rulemaking. Lastly, the EPA is proposing to disapprove the contingency measure element in the Serious area plan for the 2006 PM2.5 NAAQS.

In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on an Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB). The ICR, entitled: ``Methylene Chloride; Regulation of Paint and Coating Removal for Consumer Use Under TSCA Section 6(a)'' and identified by EPA ICR No. 2556.03 and OMB Control No. 2070-0204, represents the renewal of an existing ICR that is scheduled to expire on May 31, 2022. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the proposed information collection summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

This notice announces EPA's receipt of an application 93167- EUP-2 from Oxitec, Ltd. requesting an amendment and extension to the experimental use permit (EUP) for the OX5034 Aedes aegypti mosquitoes expressing tetracycline Trans-Activator Variant (tTAV-OX5034) protein. The Agency has determined that the permit may be of regional and national significance. Therefore, because of the potential significance, EPA is seeking comments on this application.

In accordance with the Toxic Substances Control Act (TSCA) and implementing regulations, EPA is announcing the availability of the final scope of the risk evaluation to be conducted for di-isononyl phthalate (DINP) (1,2-benzene-dicarboxylic acid, 1,2-diisononyl ester, and 1,2-benzenedicarboxylic acid, di-C8-10-branched alkyl esters, C9- rich; Chemical Abstracts Service Registry Number (CASRN) 28553-12-0 and CASRN 68515-48-0), a category of chemical substances for which EPA received a manufacturer request for risk evaluation. The scope document includes the conditions of use, hazards, exposures, and the potentially exposed or susceptible subpopulations that EPA plans to consider in conducting the risk evaluation for this category of chemical substances.

EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

In accordance with 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 2, of a proposed cost recovery settlement agreement (Agreement) pursuant to CERCLA, with Apple Valley Corp. and the Estate of James A. Klein (Settling Parties) for the Apple Valley Shopping Center Superfund Site (Site), LaGrange, Dutchess County, New York.

The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting emissions that will have certain adverse air quality effects in other states. The State of Connecticut made a submission to the Environmental Protection Agency (EPA) to address these requirements for the 2015 ozone National Ambient Air Quality Standards (NAAQS). EPA is proposing to approve the submission as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will significantly contribute to nonattainment or interfere with maintenance of the 2015 ozone NAAQS in any other state.

The Oklahoma Department of Environmental Quality (ODEQ) has submitted updated regulations for receiving delegation and approval of its program for the implementation and enforcement of certain National Emission Standards for Hazardous Air Pollutants (NESHAP), as provided for under previously approved delegation mechanisms. The updated state regulations incorporate by reference certain NESHAP promulgated by the Environmental Protection Agency (EPA) as they existed through June 30, 2019. The EPA is proposing to approve ODEQ's requested delegation update. The proposed delegation of authority under this action applies to sources located in certain areas of Indian country as discussed herein.

This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 and Table 2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a February 9, 2021 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II to voluntarily cancel these product registrations. In the February 9, 2021 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. 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 regulation establishes an exemption from the requirement of a tolerance for residues of oxirane, 2-methyl-, polymer with oxirane, mono-(9Z)-9-octadecanoate, methyl ether (CAS Reg. No. 72283- 36-4) when used as an inert ingredient in a pesticide chemical formulation. Ethox Chemicals, 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 oxirane, 2-methyl-, polymer with oxirane, mono-(9Z)-9- octadecanoate, methyl ether on food or feed commodities when used in accordance with these exemptions.

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.

Under the Clean Air Act, the Environmental Protection Agency (EPA) is establishing a schedule for the the California Air Resources Board (CARB) to submit revisions to the state implementation plan (SIP) addressing ``Severe'' area requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) for the Eastern Kern nonattainment area (``Eastern Kern''). CARB will be required to submit SIP revisions addressing Severe area requirements for Eastern Kern, including revisions to new source review (NSR) rules, no later than January 7, 2023. Submittal of any necessary revisions to the title V rules that apply in Eastern Kern are due no later than January 7, 2022. Lastly, the EPA is establishing a deadline for implementation of new reasonably available control technology (RACT) rules as expeditiously as practicable but no later than July 7, 2024.

The Environmental Protection Agency (EPA) is approving a revision to the North Carolina State Implementation Plan (SIP), submitted on July 16, 2020, by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources, Division of Air Quality (NCDAQ) for the purpose of allocating a portion of the available 2026 safety margin in the 2008 8-hour Ozone Maintenance Plan to the 2026 nitrogen oxides (NOX) and volatile organic compounds (VOC) motor vehicle emissions budgets (``MVEBs'' or ``budgets'') for the North Carolina portion of the Charlotte-Rock Hill, NC-SC bi-state Area (hereinafter referred to as the ``North Carolina portion of the Charlotte Maintenance Area'') to account for uncertainty associated with the mobile emissions model and unanticipated growth in vehicle miles traveled for the North Carolina portion of the Charlotte Maintenance Area. The revision also updates the 2026 MVEBs which are used for transportation conformity. NCDAQ's July 16, 2020, submission supplements the revised 2008 8-hour Ozone Maintenance Plan submitted by NCDAQ on July 25, 2018, and approved by EPA on September 11, 2019. EPA is approving North Carolina's July 16, 2020, supplemental SIP revision pursuant to the Clean Air Act (CAA or Act) and deeming the MVEBs adequate for transportation conformity purposes because the SIP meets all the statutory and regulatory requirements.

EPA, Region 8 (R8) is providing for comment the draft 2021 National Pollutant Discharge Elimination System (NPDES) General Permits for Wastewater Lagoon Systems in Indian Country in R8. These draft permits are renewals of existing permits and will authorize discharge of wastewater from lagoons located in R8 Indian country in accordance with the terms and conditions described therein. EPA proposes to issue these permits for five (5) years and is seeking public comment on the draft permits.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision formally submitted by the Commonwealth of Pennsylvania. This revision fulfills Pennsylvania's emissions statement requirement for the 2015 ozone national ambient air quality standard (NAAQS). This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Eastern Kern Air Pollution Control District (EKAPCD) portion of the California State Implementation Plan (SIP) concerning the EKAPCD's demonstration regarding reasonably available control technology (RACT) requirements and negative declarations for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standards'') in the portion of the Kern County nonattainment area under the jurisdiction of EKAPCD. We are proposing action on a SIP revision 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) is proposing to approve multiple state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for twenty-three major sources of volatile organic compounds (VOC) and/ or nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's conditionally approved RACT regulations. In this rulemaking action, EPA is proposing to approve source-specific RACT determinations (case-by-case or alternative NOX emission limits) for sources at twenty-three major NOX and VOC emitting facilities submitted by PADEP. These RACT evaluations were submitted to meet RACT requirements for the 1997 and 2008 8-hour ozone national ambient air quality standards (NAAQS). This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) and Operating Permits Program revision submitted by the State of Missouri on May 25, 2021. These revisions update the listed emission reporting years and update the emissions fee for permitted sources as set by Missouri Statute from $48 per ton of air pollution emitted annually to $53 in calendar year 2021 and $55 per ton of air pollution emitted annually for emissions in calendar year 2022 and beyond; effective March 30, 2021.

The Environmental Protection Agency (EPA) Center for Public Health and Environmental Assessment (CPHEA) requests public nominations of scientific experts for the upcoming peer reviews of five Integrated Risk Information System (IRIS) assessments including: Perfluorodecanoic acid (PFDA; CASRN 335-76-2), perfluorononanoic acid (PFNA; CASRN 375- 24-4), perfluorohexanoic acid (PFHxA, CASRN 307-24-4), perfluorohexanesulfonic acid (PFHxS, CASRN 355-46-4), and perfluorobutanoic acid (PFBA, CASRN 375-22-4), and their related salts which are all members of the group per- and polyfluoroalkyl substances (PFAS). Each assessment will undergo independent external scientific peer review managed by Eastern Research Group, Inc. (ERG), a contractor to EPA. A single peer review panel will review all five (5) PFAS IRIS assessments. Interested stakeholders will be provided 30-days to submit nominations for expert reviewers to ERG for their consideration.

The Environmental Protection Agency (EPA) is announcing the availability of and soliciting public comment on guidance on the processes applicable to the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations: Petitions for full exemption of byproduct substances that are recycled or otherwise used within site-limited, physically enclosed systems and Petitions for partial exemption of chemicals for which the CDR processing and use information has been determined to be of ``low current interest'' by the Agency. This guidance is designed to elucidate the process and requirements of CDR-specific petitions and is consistent with both existing regulations and guidance. The CDR regulations require manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on the manufacturing, processing, and use of the chemical substances.