Environmental Protection Agency 2021 – Federal Register Recent Federal Regulation Documents

Pursuant to the U.S. Environmental Protection Agency's Significant New Alternatives Policy program, the Agency is proposing, as an additional option, to list for a limited period of time certain substances in the foamblowing sector, extruded polystyrene: Boardstock and billet end-use, as acceptable, subject to narrowed use limits. This proposal supplements the Agency's June 12, 2020, proposal with respect to the proposed listings in the foam-blowing sector, taking into consideration public comments and information received since issuance of the initial proposal. In the June 12, 2020, proposal, EPA proposed to list three foam blowing agent blends as acceptable. In this supplemental proposal, EPA is proposing an additional approach to list these blends as acceptable, subject to narrowed use limits, in the foam blowing sector, extruded polystyrene: Boardstock and billet end-use, from the effective date of a final rule based on this supplemental proposal until January 1, 2023. The Agency is providing an opportunity for public comment on this additional approach for the listings in the foam blowing sector, as well as reopening the public comment period for the proposed listings in the foam blowing sector in the June 12, 2020, proposal. The Agency is not reopening for comment those other portions of the June 12, 2020, proposal which are addressed in a separate final rule issued May 6, 2021.

Pursuant to the Federal Advisory Committee Act (FACA), EPA herby provides notice of a meeting for the Local Government Advisory Committee (LGAC) and the Small Communities Advisory Subcommittee (SCAS) on the date and time described below. This meeting will be open to the public. For information on public attendance and participation, please see the registration information under SUPPLEMENTARY INFORMATION. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days' notice.

In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Center for Biological Diversity, et al. v. Regan, No. 4-21-cv-02498-JST (N.D. CA.). On April 7, 2021 and May 26, 2021, the Center for Biological Diversity and the Center for Environmental Health (collectively, Plaintiffs) filed a complaint and a first amended complaint, respectively, in the United States District Court for the Northern District of California, alleging that the Administrator of the United States Environmental Protection Agency (EPA) failed to perform certain nondiscretionary duties.

The Environmental Protection Agency (EPA or ``Agency'') is notifying the public that the Agency has found motor vehicle emissions budgets (``budgets'') adequate in a California state implementation plan (SIP) submittal for San Diego County. Specifically, our finding relates to budgets in the area's ``2020 Plan for Attaining the National Ambient Air Quality Standards for Ozone in San Diego County (October 2020)'' (``2020 San Diego Ozone Plan'' or ``plan''). We find that these budgets are adequate for transportation conformity purposes for the 2008 and 2015 ozone national ambient air quality standards (NAAQS). Upon the effective date of this notice of adequacy, prior budgets for the 2008 ozone NAAQS previously found adequate by the EPA will no longer be applicable for transportation conformity purposes, and the San Diego Association of Governments (SANDAG) and the U.S. Department of Transportation must use these adequate budgets in future transportation conformity determinations.

Pursuant to the Federal Advisory Committee Act (FACA), the Environmental Protection Agency (EPA) is announcing a public meeting of the Clean Air Act Advisory Committee (CAAAC) to be conducted via remote/virtual participation only. The EPA renewed the CAAAC charter on November 19, 2020 to provide independent advice and counsel to EPA on economic, environmental, technical, scientific and enforcement policy issues associated with implementation of the Clean Air Act of 1990.

The Environmental Protection Agency (EPA) is approving several revisions to the Illinois State Implementation Plan (SIP). First, EPA is approving amendments to the Illinois SIP that incorporate by reference EPA's current national ambient air quality standard for ozone, particulate matter, lead, nitrogen dioxide, and sulfur oxides. Second, EPA is approving revisions to the Illinois SIP that incorporate by reference current Federal Reference Methods for monitoring carbon monoxide, ozone, particulate matter, lead, nitrogen dioxide, and sulfur oxides. Third, EPA is approving an amendment to the Illinois SIP that reflects a recent update to EPA's List of Designated Reference and Equivalent Methods. Lastly, EPA is approving minor revisions and corrections to the Illinois SIP.

The Environmental Protection Agency (EPA or the Agency) is making conforming changes to regulations related to twelve hazardous waste import-export recovery and disposal operations used in hazardous waste export and import notices submitted to EPA by U.S. exporters and importers, and in movement documents that accompany export and import shipments. The changes to regulations related to these twelve recovery and disposal operations are needed to reflect changes to regulations related to Canadian import-export recovery and disposal operations that Canada promulgated in the Canada Gazette Part II on March 17, 2021 and that become effective in Canada on October 31, 2021. Additionally, as the changes in today's rule are being made solely to conform to Canada's regulatory changes to Canada-specific operation codes and descriptions, this is a final rulemaking and no public comment is being solicited.

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) Chemical Safety for Sustainability and Health and Environmental Risk Assessment (CSS HERA) Subcommittee to review the recent progress and activities of the Chemical Safety Analytics (CSA) and Emerging Materials and Technologies (EMT) research areas.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the New York State Department of Environmental Conservation (NYSDEC). The SIP revision consists of the following: 2011 calendar year ozone precursor emission inventory for volatile organic compounds (VOCs), oxides of nitrogen (NOX), and carbon monoxide (CO) for the New York portion of the New York-Northern New Jersey-Long Island, Connecticut NY-NJ-CT area (New York Metropolitan Area, or NYMA) classified as serious ozone nonattainment for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or standard); and the Jamestown (Chautauqua County) ozone nonattainment area classified as marginal for the 2008 8-hour ozone standard. In addition, the SIP revision also consists of the 2011 calendar year statewide periodic emission inventory for volatile organic compounds, oxides of nitrogen, and carbon monoxide. This action is being taken in accordance with the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is approving changes to the Kentucky State Implementation Plan (SIP) and the Kentucky Title V Operating Permit Program (Title V) submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet) on August 12, 2020, and March 29, 2021. These revisions address the public notice rule provisions for the New Source Review (NSR), Federally Enforceable State Operating Permits (FESOP), and Title V programs of the Clean Air Act (CAA or Act) by providing for electronic notice (``e- notice'') and removing the mandatory requirement to provide public notice of a draft air permit in a newspaper. EPA is approving these changes as they are consistent with the Clean Air Act (CAA or Act) and implementing Federal regulations.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Fuel Use Requirements for Great Lakes Steamships (EPA ICR Number 2458.05, OMB Control Number 2060-0679) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is an extension of the ICR, which is currently approved through November 30, 2021. Public comments were previously requested via the Federal Register on March 19, 2021, during a 60-day comment period. This notice allows an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) will host virtual public meetings to discuss how to increase adoption of electronic manifests and solicit feedback from stakeholders. The agenda for both meetings will be identical and all stakeholders are encouraged to attend one of the meetings.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), on April 24, 2020. The SIP revision approves a non-substantive formatting change and the removal of an outdated sentence regarding test methods for gaseous fluorides from South Carolina's ambient air quality standards regulation. EPA is finalizing approval of these changes pursuant to the Clean Air Act (CAA or Act) and implementing federal regulations.

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Missouri on November 12, 2019, revising the maintenance plan demonstrating continued maintenance of the 2008 ozone National Ambient Air Quality Standard (NAAQS), the 1979 1-Hour and 1997 8-Hour ozone standards in the St. Louis area. This revision demonstrates that the St. Louis area no longer needs to rely on the vehicle Inspection and Maintenance (I/M) program and the use of Reformulated Gasoline (RFG) for continued maintenance throughout the maintenance period for the 2008 8-Hour ozone NAAQS, the 1979 1-Hour ozone NAAQS and 1997 8- Hour ozone NAAQS. The EPA has determined that this revision meets the requirements of the Clean Air Act (CAA).

Pursuant to the Resource Conservation and Recovery Act, as amended, the Environmental Protection Agency (EPA) proposes to take direct final action to approve revisions to the State of Nevada's Underground Storage Tank (UST) program since the previous authorization on July 17, 1998. This action is based on the EPA's determination that these revisions satisfy all requirements needed for program approval. In the ``Rules and Regulations'' section of this Federal Register, the EPA is approving the changes by direct final authorization because we believe this action is not controversial and do not expect comments that oppose it.

The Environmental Protection Agency (EPA) is announcing the availability of a draft document titled, ``Supplement to the 2019 Integrated Science Assessment for Particulate Matter (External Review Draft)'' (EPA/600/R-21/198). The document was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA's Office of Research and Development (ORD) as part of the reconsideration of the 2020 National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). The Supplement represents a targeted review of peer-reviewed studies published since the literature cutoff date (i.e., ~January 2018) of the 2019 Integrated Science Assessment for Particulate Matter (PM ISA). The Supplement and the 2019 p.m. ISA provide the scientific basis for EPA's decisions, in conjunction with additional technical and policy assessments, for the reconsideration of the current NAAQS and the appropriateness of possible alternative standards. EPA is releasing this draft document to seek review by the Clean Air Scientific Advisory Committee (CASAC) and the public. In addition, the date and location of a public meeting for CASAC review of this document will be specified in a separate Federal Register document. This draft document is not final and it does not represent, and should not be construed to represent, any final Agency policy or views. When revising the document, EPA will consider any public comments submitted during the public comment period specified in this notice.

The Acid Rain Program requires sources that do not meet their annual Acid Rain emissions limitations for sulfur dioxide (SO2) or nitrogen oxides (NOX) to pay inflation- adjusted excess emissions penalties. This document provides notice of the annual adjustment factors used to calculate excess emissions penalties for compliance years 2021 and 2022.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri. This final action will amend the SIP to incorporate revisions to Missouri's rule related to control of emissions from batch process operations. These revisions update references to the appropriate State rule for New Source Performance Regulations. These revisions are administrative in nature and do not reduce the stringency of the SIP or have an adverse impact to air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) revision submitted by the State of Illinois regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 annual fine particulate matter (PM2.5) and 2015 ozone National Ambient Air Quality Standards (NAAQS). Additionally, EPA is proposing to approve the infrastructure requirements related to Prevention of Significant Deterioration (PSD) for previous NAAQS. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Final Authorization for Hazardous Waste Management Programs'' (Renewal), (EPA ICR No. 0969.12, OMB Control No. 2050-0041) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described in SUPPLEMENTARY INFORMATION. This is a proposed extension of the ICR, which is currently approved through May 31, 2022. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``State Program Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal Units that Receive Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste'' (Renewal), (EPA ICR No. 1608.09, OMB Control No. 2050-0152) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described in Supplementary Information. This is a proposed extension of the ICR, which is currently approved through May 31, 2022. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) issued a memorandum rescinding the guidance document entitled ``Applying the Supreme Court's County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program,'' which was signed on January 14, 2021. The memorandum was issued on September 15, 2021.

In accordance with Section 122(i) of 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 5, of a proposed administrative settlement for recovery of past response costs concerning the West Vermont Drinking Water Contamination Site (Site) in Indianapolis, Indiana with the following parties: AIMCO Michigan Meadows Holdings, LLC and AIMCO Properties, L.P. nka Apartment Income REIT, L.P. and Genuine Parts Company, as the Settling Parties and Respondents, and also AIMCO-GP, Inc. nka AIR-GP, Inc. and Apartment Investment and Management Company as Other Covered Parties. The settlement requires the Respondents to pay $2,825,000 in past response costs to a Special Account. Respondents will also prepare an Engineering Evaluation and Cost Analysis as well as pay specified interim and future response costs. The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, relating to the Site, subject to limited reservations, and protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the cost recovery component of this settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at www.epa.gov/ superfund/west-vermont-water.

The Environmental Protection Agency (EPA) is approving a submission by the State of North Carolina, through the Department of Air Quality (DAQ), received on April 23, 2021, to redesignate the Brunswick County, North Carolina, unclassifiable area (hereinafter referred to as the ``Brunswick 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 1-hour SO2 NAAQS''). Because EPA now has sufficient information to determine that the Brunswick County Area is attaining the 2010 1-hour SO2 NAAQS, the Agency is approving the State's request to redesignate the Area from unclassifiable to attainment/unclassifiable for the 2010 1-hour SO2 NAAQS.