Environmental Protection Agency 2021 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is redesignating the West Silver Valley, Idaho nonattainment area to attainment for the 2012 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS). EPA is also approving a maintenance plan for the area that demonstrates continued attainment of the 2012 PM2.5 NAAQS through the year 2031, which Idaho submitted along with the redesignation request for inclusion into the Idaho State Implementation Plan (SIP). Additionally, EPA is approving the 2031 motor vehicle emissions budgets included in Idaho's maintenance plan for PM2.5, nitrogen oxides and volatile organic compounds. EPA is taking this action pursuant to the Clean Air Act (CAA or the Act).

The U.S. Environmental Protection Agency's (EPA) Office of Ground Water and Drinking Water is announcing a virtual meeting of the National Drinking Water Advisory Council (NDWAC or Council) as authorized under the Safe Drinking Water Act (SDWA). During this meeting the NDWAC will primarily focus discussions on developing advice and recommendations to EPA on targeted issues related to revisions to the Consumer Confidence Report rule, as required by the America's Water Infrastructure Act of 2018.

This regulation establishes an exemption from the requirement of a tolerance for residues of Methylorubrum populi strain NLS0089 in or on all food commodities when used in accordance with label directions and good agricultural practices. NewLeaf Symbiotics 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 Methylorubrum populi strain NLS0089 under FFDCA when used in accordance with this exemption.

EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which were the subject of premanufacture notices (PMNs). This action requires persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. This action further requires that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination.

EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period April 1, 2021 to June 30, 2021 to control unforeseen pest outbreaks.

This document comprises three distinct groups of actions under the Clean Air Act (CAA) which are collectively intended to significantly reduce emissions of greenhouse gases (GHGs) and other harmful air pollutants from the Crude Oil and Natural Gas source category. First, the EPA proposes to revise the new source performance standards (NSPS) for GHGs and volatile organic compounds (VOCs) for the Crude Oil and Natural Gas source category under the CAA to reflect the Agency's most recent review of the feasibility and cost of reducing emissions from these sources. Second, the EPA proposes emissions guidelines (EG) under the CAA, for states to follow in developing, submitting, and implementing state plans to establish performance standards to limit GHGs from existing sources (designated facilities) in the Crude Oil and Natural Gas source category. Third, the EPA is taking several related actions stemming from the joint resolution of Congress, adopted on June 30, 2021 under the Congressional Review Act (CRA), disapproving the EPA's final rule titled, ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review,'' Sept. 14, 2020 (``2020 Policy Rule''). This proposal responds to the President's January 20, 2021, Executive order (E.O.) titled ``Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,'' which directed the EPA to consider taking the actions proposed here.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-Propenoic acid, telomer with N-(1,1- dimethylethyl)-2-propenamide, sodium 2-methyl-2-[(1-oxo-2-propen-1- yl)amino]-1-propanesulfonate (1:1) and sodium sulfite (1:1), sodium salt), when used as an inert ingredient in a pesticide chemical formulation. The Dow Chemical Company 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 2-Propenoic acid, telomer with N-(1,1-dimethylethyl)-2- propenamide, sodium 2-methyl-2-[(1-oxo-2-propen-1-yl)amino]-1- propanesulfonate (1:1) and sodium sulfite (1:1), sodium salt) on food or feed commodities.

The Environmental Protection Agency (EPA), Office of Research and Development (ORD), gives notice of a series of additional PFAS related virtual deliberation meetings of the Board of Scientific Counselors (BOSC) Executive Committee (EC) Committee as a follow-up to meetings held September 29-30, 2021. More information can be found on the BOSC website at: https://www.epa.gov/bosc/bosc-executive-committee- meeting-september-october-2021. Due to unforeseen administrative circumstances this notice was not published 15 days prior to the meeting.

The Environmental Protection Agency (EPA) is taking direct final action to revise the Agency's Privacy Act regulations to exempt a new system of records, EPA-79, the NEIC Master Tracking System, from certain requirements of the Privacy Act because records in EPA's National Enforcement Investigation Center (NEIC) Master Tracking System are maintained for use in civil and criminal actions.

The U.S. Environmental Protection Agency's (EPA) Office of Mission Support is giving notice that it proposes to amend its current list of general routine uses for EPA systems of records in accordance with the provisions of the Privacy Act of 1974, as amended. The amended list of routine uses is consistent with requirements in a memorandum issued by the Office of Management and Budget (OMB) on January 3, 2017 (Memorandum M-17-12 ``Preparing for and Responding to a Breach of Personally Identifiable Information''). OMB's memorandum requires that all Federal agencies publish two routine uses for their systems allowing for the disclosure of personally identifiable information to the appropriate parties in the course of responding to a breach or suspected breach of the agency's PII or to assist another agency in its response to a confirmed or suspected breach.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces four public meetings of the SAB per- and polyfluoroalkyl substances (PFAS) Review Panel (PFAS Review Panel) to review EPA's Proposed Approaches to the Derivation of a Draft Maximum Contaminant Level Goal for Perfluorooctanoic Acid (PFOA) in Drinking Water; EPA's Proposed Approaches to the Derivation of a Draft Maximum Contaminant Level Goal for Perfluorooctanesulfonic Acid (PFOS) in Drinking Water; EPA's Analysis of Cardiovascular Disease Risk Reduction as a Result of Reduced PFOA and PFOS Exposure in Drinking Water; and EPA's Draft Framework for Estimating Noncancer Health Risks Associated with Mixtures of PFAS.

The Environmental Protection Agency (EPA) Administrator signed an Order dated October 15, 2021, granting a Petition dated July 25, 2017 from the Environmental Integrity Project and Sierra Club. The Petition requested that the EPA object to a Clean Air Act (CAA) title V operating permit issued by the Texas Commission on Environmental Quality (TCEQ) to Oak Grove Management Company (Oak Grove) for its Oak Grove Steam Electric Station located in Robertson County, Texas.

The Environmental Protection Agency (EPA) is approving the Eagle River, 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 Eagle River 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.

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.

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.

On September 8, 2021, the U.S. Environmental Protection Agency (EPA) solicited information and requested comments to assist in the potential development of regulations for pyrolysis and gasification units that are used to convert solid or semi-solid feedstocks to useful products such as energy, fuels, and chemical commodities. The deadline to respond to our request was November 8, 2021. The EPA is extending the period to respond to our request for information and comment to December 23, 2021.

Subject to certain exceptions, the Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Colorado on May 14, 2018, May 8, 2019, May 13, 2020 and March 22, 2021. The revisions are to Colorado Air Quality Control Commission (Commission or AQCC) Regulation Number 7 (Reg. 7). The revisions to Reg. 7 address Colorado's SIP obligation to require reasonably available control technology (RACT) for sources covered by the 2016 oil and natural gas control techniques guidelines (CTG or CTGs) for nonattainment areas classified as Moderate and above under the 2008 ozone National Ambient Air Quality Standard (NAAQS); update RACT requirements for major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX); reorganize the regulation; add incorporation by reference dates to rules and reference methods; and make typographical, grammatical, and formatting corrections. Also, the EPA is finalizing approval of the State's negative declaration that there are no sources in the Denver Metro/North Front Range (DMNFR) Area subject to the aerospace CTG, which was conditionally approved in our February 24, 2021 rulemaking. Finally, we are taking no action today on several specific portions of the State submittals, as further explained below. The EPA is issuing this final rule pursuant to the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision formally submitted by the State of Maryland. This revision consists of the base year inventory for the Baltimore, Maryland marginal nonattainment area (Baltimore Area) for the 2015 ozone national ambient air quality standards (NAAQS). This action is being taken under the Clean Air Act (CAA).

The National Environmental Education and Training Foundation (doing business as The National Environmental Education Foundation or ``NEEF'') was created as a private 501(c)(3) non-profit organization. It was established by Congress as a common ground upon which leaders from business and industry, all levels of government, public interest groups, and others can work cooperatively to raise a greater national awareness of environmental issues beyond traditional classrooms.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Eastern Kern Air Pollution Control District (EKAPCD) portion of the California State Implementation Plan (SIP). This revision concerns 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.

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) Safe and Sustainable Water Resources (SSWR) Subcommittee to discuss the SSWR research program on nutrients and harmful algal blooms.

Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency is proposing to enter into an Administrative Settlement Agreement and Order on Consent with Textron, Inc. concerning the LL Harwell Road Private Well Contamination Superfund Site located in Gastonia, North Carolina. The settlement addresses recovery of CERCLA costs for a cleanup action performed by the EPA at the Site.

This regulation increases a tolerance for residues of benzobicyclon in or on rice grain and removes any restriction on regional use. Gowan Company requested this tolerance increase under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces EPA's order for the cancellations and/or amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Tables 1 and 2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation/use termination order follows a June 23, 2021 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II to voluntarily cancel their registrations of certain products containing the pesticides atrazine and simazine, and/or to amend their atrazine, simazine, or malathion product registrations to terminate one or more uses. In the June 23, 2021 notice, EPA indicated that it would issue an order implementing the cancellations and/or amendments to terminate uses, unless the Agency received substantive comments within the 30-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 and/or amendments to terminate uses. 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.

The Environmental Protection Agency (EPA) is approving 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 individual major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's conditionally approved RACT regulations. In this rule action, EPA is approving source-specific RACT determinations (``case- by-case'' or alternative NOX emissions limits) for sources at nine major NOX and VOC emitting facilities located in Philadelphia County. These RACT evaluations were submitted to meet RACT requirements for the 2008 8-hour ozone 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) and EPA's implementing regulations.