Environmental Protection Agency 2021 – Federal Register Recent Federal Regulation Documents

This Notice of Data Availability is to alert stakeholders of petitions submitted to the Environmental Protection Agency under subsection (i) of the American Innovation and Manufacturing Act of 2020, and to provide notice of a new docket where these petitions and others submitted under subsection (i) will be made publicly available. The docket will provide the public the opportunity to view petitions submitted under this subsection and to submit any supplemental relevant data to the petitions. The Agency may consider relevant information submitted to the docket in its determinations of whether to grant or deny subsection (i) petitions.

The Environmental Protection Agency (EPA) is approving a submission by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on September 29, 2020, to redesignate the Sumner County, Tennessee, unclassifiable area (hereinafter referred to as the ``Sumner 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 SO2 1-hour NAAQS). EPA now has sufficient information to determine that the Sumner County Area is attaining the 2010 1-hour SO2 NAAQS and is approving the State's request and redesignating the Area to attainment/unclassifiable for the 2010 1-hour SO2 NAAQS.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), notice is hereby given of a proposed administrative settlement with Pacific Tent & Awning (Pacific Tent), for payment of costs of investigation and remediation at the Industrial Waste Processing (IWP) Site located at 7140 North Harrison Street, Fresno, California. The Environmental Protection Agency (EPA) enters the settlement pursuant to Section 122(h)(1) of CERCLA. The settlement provides for Pacific Tent's payment of $21,000, plus interest, towards costs incurred by EPA and the United States in investigating and remediating contamination resulting from reclamation of solvents from printing operations, glycols from fluids used in natural gas dehydration, and lead solder and zinc from waste solder flux generated by the metal can manufacturing industry during IWP's operations at the Site in 1967-1981. The settlement includes a covenant not to sue pursuant to Sections 106 or 107(a) of CERCLA. For thirty (30) days following the date of publication of this Notice in the Federal Register, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate the proposed settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 75 Hawthorne Street, San Francisco, CA 94105.

This notice announces the availability of EPA's draft human health and/or ecological risk assessments for the registration review of chlormequat chloride, chlorothalonil and tebuconazole.

The Environmental Protection Agency (EPA) is taking final action to approve, or conditionally approve, all or 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 2008 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') in the Nevada County (Western part), California ozone nonattainment area (``Western Nevada County''). The SIP revision is the ``Ozone Attainment Plan, Western Nevada County, State Implementation Plan for the 2008 Primary Federal 8-Hour Ozone Standard of .075 ppm'' (``2018 Western Nevada County Ozone Plan'' or ``Plan''). The 2018 Western Nevada County Ozone Plan addresses the ``Serious'' nonattainment area requirements for the 2008 ozone NAAQS, including the requirements for emissions inventories, attainment demonstration, reasonable further progress, reasonably available control measures, and contingency measures, among others; and establishes motor vehicle emissions budgets. The EPA is approving the 2018 Western Nevada County Ozone Plan as meeting all the applicable ozone nonattainment area requirements except for the contingency measure requirement, which the EPA is conditionally approving.

This document announces the availability of EPA's response to a portion of the petition it received February 8, 2021, from People for Protecting Peace River, Center for Biological Diversity, and 16 other organizations. While the petition requested three actions related to TSCA, EPA has determined that only one of those actions is an appropriate request: A request to issue a test rule under TSCA requiring testing of phosphogypsum and process wastewater from phosphoric acid production. EPA is treating the other portions of the petition involving TSCA as a petition under the Administrative Procedure Act (APA); those other portions request EPA to initiate the prioritization process for designating phosphogypsum and process wastewater as high-priority substances for risk evaluation, and to make a determination by rule under TSCA that the use of phosphogypsum in road construction is a significant new use. Therefore, this document does not provide EPA's response to these two TSCA-requested actions. Also, this document does not address the petitioners' requests under the Resource Conservation and Recovery Act (RCRA). After careful consideration, EPA has denied the TSCA section 21 portion of the petition for the reasons set forth in this document.

The Environmental Protection Agency (EPA) is proposing to approve changes to the North Carolina State Implementation Plan (SIP) submitted through the North Carolina Division of Air Quality (NCDAQ) on October 9, 2020. The SIP revision seeks to modify the State's monitoring, recordkeeping, and reporting regulations by adding one definition, adding references to approved testing methods, updating the reference format, and making minor changes to general formatting and language use for clarity purposes. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is proposing to approve a revision to the South Coast Air Quality Management District (SCAQMD or ``District'') portion of the California State Implementation Plan (SIP). We are also proposing to determine that the submitted SIP revision fulfills the District's and the State's commitment to adopt and submit a specific enforceable contingency measure to address Clean Air Act (CAA) requirements for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 2012 annual PM2.5 NAAQS. We are taking comments on this proposal and plan to follow with a final action.

The U.S. Environmental Protection Agency (EPA) Region 9 is issuing an explanation of significant differences (ESD) for the Del Norte County Pesticide Storage Area Superfund Site (the Site), located at 2650 West Washington Boulevard in Crescent City, Del Norte County, California, and is notifying the public of this undertaking. When significant but not fundamental changes are made to the scope, performance, or cost of a remedy after a final remedy has been adopted, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), require that the lead agency prepare an ESD. Because the Site's remaining contaminant of concern (COC) has reached drinking water standards, this ESD was issued to modify the remedy at the Site to remove the technical impracticability (TI) waiver for 1,2-dichloropropane (1,2-DCP) and reinstate the applicable or relevant and appropriate requirement (ARAR) for 1,2-DCP. In accordance with CERCLA, the EPA consulted with the support agency, the California Department of Toxic Substances Control (DTSC). DTSC provided written concurrence on the ESD. The Site was delisted from EPA's National Priorities List (NPL) in 2002, and this remedy modification does not impact EPA's determination that the Site remedy remains protective of human health and the environment, complies with federal and state requirements that were identified as applicable or relevant and appropriate to this remedial action, and is cost-effective.

The Environmental Protection Agency (EPA) is finalizing changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other environmental samples for reporting under EPA's National Pollutant Discharge Elimination System (NPDES) permit program. The Clean Water Act (CWA) requires EPA to promulgate these test procedures (analytical methods) for analysis of pollutants. EPA anticipates that these changes will provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this update to the CWA methods is incorporating technological advances in analytical technology.

This regulation establishes an exemption from the requirement of a tolerance for residues of C10-23 alkyl group-containing alkali- soluble acrylic emulsion polymer; minimum number average molecular weight 29,000 Daltons when used as an inert ingredient in a pesticide chemical formulation. Ag-Chem Consulting LLC on behalf of Corbet Scientific 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 C10-23 alkyl group-containing alkali-soluble acrylic emulsion polymer on food or feed commodities.

In accordance with the Presidential directive of January 20, 2021, ``Revocation of Certain Executive Orders Concerning Federal Regulation,'' the Environmental Protection Agency (EPA) is rescinding its October 19, 2020, final rule establishing administrative procedures for issuing Agency guidance documents.

The Environmental Protection Agency (EPA) is providing notice of the availability of data on the administration of the assurance provisions of the Cross-State Air Pollution Rule (CSAPR) trading programs for the control periods in 2020. Total emissions of nitrogen oxides (NOX) reported by Mississippi and Missouri units participating in the CSAPR NOX Ozone Season Group 2 Trading Program during the 2020 control period exceeded the respective states' assurance levels under the program. Data demonstrating the exceedances and EPA's preliminary calculations of the amounts of additional allowances that the owners and operators of certain Mississippi and Missouri units must surrender have been posted in a spreadsheet on EPA's website. EPA will consider timely objections to the data and calculations before making final determinations of the amounts of additional allowances that must be surrendered.

This regulation establishes tolerances for residues of trifludimoxazin in or on multiple commodities which are identified and discussed later in this document. BASF corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The United States Environmental Protection Agency (EPA) is announcing the 2021 Annual Joint Meeting of the Ozone Transport Commission (OTC) and the Mid-Atlantic Northeast Visibility Union (MANE- VU). The meeting agenda will include topics regarding reducing ground- level ozone precursors and matters relative to Regional Haze and visibility improvement in Federal Class I areas in a multi-pollutant context.

The Environmental Protection Agency (EPA) is rescinding the final rule entitled ``Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process.'' The EPA is rescinding the rule because the changes advanced by the rule were inadvisable, untethered to the CAA, and not necessary to effectuate the purposes of the Act.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving a clean data determination for the Anderson and Freestone Counties and the Titus County nonattainment areas, concluding that each area is currently in attainment of the 2010 1-hour Primary Sulfur Dioxide National Ambient Air Quality Standard (SO2 NAAQS) per the EPA's Clean Data Policy. The primary sources of Sulfur Dioxide emissions in these counties have permanently shut down and air quality in these areas is now attaining the SO2 NAAQS. This final action is supported by EPA's evaluation of available monitoring data, emissions data, and air quality modeling. This action suspends the requirements for these areas to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to attainment of the 2010 SO2 NAAQS until the area is formally redesignated, or a violation of the NAAQS occurs. This action is being taken in accordance with the Clean Air Act.

The Environmental Protection Agency (EPA) is issuing a Notice of Intent to delete nine sites and partially delete eleven sites from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the state, through its designated state agency, have determined that all appropriate response actions under CERCLA, other than operations and maintenance of the remedy, monitoring and five-year reviews, where applicable, have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) is approving most elements of a state implementation plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD) to address Clean Air Act (CAA or ``the Act'') requirements for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ``standards'') in the Allegheny County Moderate PM2.5 nonattainment area (the ``Allegheny County Area,'' or ``the Area''). The revision constitutes a comprehensive plan to ensure the Allegheny County Area's timely attainment of the 2012 PM2.5 NAAQS. EPA is approving this revision to the Pennsylvania SIP in accordance with the requirements of the CAA.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC). The revision fulfills Delaware's nonattainment new source review (NNSR) SIP element requirement for the 2015 8-hour ozone National Ambient Air Quality Standard (NAAQS). EPA is approving these revisions to the Delaware SIP in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is approving Michigan Department of Environment, Great Lakes, and Energy (EGLE) promulgated revisions to its Part 18 Prevention of Significant Deterioration of Air Quality rule and the Part 19 New Source Review for Major Sources Impacting Nonattainment Areas rule. The revisions made to Part 18 and Part 19 were adopted to ensure consistency with Federal rule language and other parts of the Michigan air quality rules. The rule changes are administrative and are intended to provide clarity to the already approved rule language.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania, on March 10, 2020. This revision pertains to the Pennsylvania Department of Environmental Protection's (PADEP) amendments to 25 Pa. Code Chapters 121 (General Provisions) and 127 (Construction, Modification, Reactivation and Operation of Sources) to implement Federal nonattainment new source review (NNSR) provisions for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).

This regulation establishes an exemption from the requirement of a tolerance for residues of sodium lauroyl sarcosinate when used as an inert ingredient in antimicrobial pesticide formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils at an end-use concentration not to exceed 10,000 parts per million (ppm). Clorox Services Company representing Clorox Professional Products Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of sodium lauroyl sarcosinate when used in accordance with this exemption.