Environmental Protection Agency February 10, 2022 – Federal Register Recent Federal Regulation Documents
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Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos; Draft Scope of the Risk Evaluation To Be Conducted Under the Toxic Substances Control Act (TSCA); Extension of Comment Period
In the Federal Register of December 29, 2021, EPA announced the availability of and solicited public comment on the draft scope of a risk evaluation under the Toxic Substances Control Act (TSCA) for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos. This document extends the comment period for 15 days from February 14, 2022, to March 1, 2022.
United States Department of Justice and Parties to Certain Litigation; Transfer of Data
This notice announces that pesticide-related information submitted to the Environmental Protection Agency (EPA) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to the U.S. Department of Justice (DOJ) and parties to certain litigation. This transfer of data is in accordance with the CBI regulations governing the disclosure of potential CBI in litigation.
Air Plan Approval; Georgia; Air Quality Control, Miscellaneous Rule Revisions to Definitions and Permitting
The Environmental Protection Agency (EPA) is proposing to approve changes to the Georgia state implementation plan (SIP) submitted on behalf of the State of Georgia by the Georgia Environmental Protection Division (GA EPD) through a letter dated September 1, 2020. This revision includes changes to the State's air quality regulations incorporated into the SIP by changing the definition of ``pollution control project'' and making minor changes to the corresponding minor new source review (NSR) permitting regulations for consistency. EPA is proposing to approve this SIP revision because the State has demonstrated that these changes are consistent with the Clean Air Act (CAA or Act).
Air Plan Approval; Kentucky; 2015 8-Hour Ozone Nonattainment New Source Review Permit Program Requirements
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, on October 15, 2020. EPA is proposing to approve Kentucky's certification that existing Nonattainment New Source Review (NNSR) permitting regulations meet the nonattainment planning requirements for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) for Bullitt and Oldham Counties in the Louisville, KY-IN 2015 8-hour ozone Marginal nonattainment area and portions of Boone, Kenton, and Campbell Counties in the Cincinnati, OH-KY Marginal nonattainment area. This action is being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.
Approval and Promulgation of Air Quality Implementation Plans; United States Virgin Islands; Regional Haze Federal Implementation Plan; Correction
On October 22, 2012, the EPA published a final rule in the Federal Register promulgating a Federal Implementation Plan (FIP) to address regional haze obligations for the Territory of the United States Virgin Islands. However, at that time, EPA erroneously failed to incorporate into the Code of Federal Regulations (CFR) certain emission limits that had been determined to be necessary to satisfy those obligations and that had been proposed and included in the docket for the action. EPA is correcting this error by incorporating the previously noticed limits into the CFR. EPA has not reopened any of the previous, underlying determinations in this action.
Response to Clean Air Act Section 176A Petition From Maine; Final Action on Petition
The Environmental Protection Agency (EPA) is granting a Clean Air Act (CAA) section 176A petition submitted by the state of Maine on February 24, 2020. The petition requested that the EPA remove a portion of Maine from the Ozone Transport Region (OTR) based on that area's continued attainment with ozone National Ambient Air Quality Standards (NAAQS) and technical analyses demonstrating that further control of emissions from that portion of Maine will not significantly contribute to the attainment of any ozone standard in any area of the OTR.
Air Plan Approval; Montana; Administrative Rule Revisions: 17.8.334
The Environmental Protection Agency (EPA or Agency) is taking final action to approve a revision to Montana's State Implementation Plan (SIP). On July 6, 2016, the Governor of Montana submitted to EPA a revision to the Montana SIP that removed one section of the Administrative Rules of Montana (ARM) pertaining to aluminum plants. In this document, EPA is finalizing approval of the removal of this section from the SIP. EPA determined the provision was inconsistent with Clean Air Act (CAA) requirements and EPA issued a SIP call for the State to revise the provision on June 12, 2015. Removal of this provision corrects the deficiencies identified in 2015 related to the treatment of excess emissions from aluminum plants and fully satisfies the SIP call issued to Montana.
Approval and Promulgation of the Northern Cheyenne Tribe's Tribal Implementation Plan; Northern Cheyenne Tribe; Open Burning Permit Program and Maintenance of the National Ambient Air Quality Standards
EPA is approving a Tribal Implementation Plan (TIP) submitted by the Northern Cheyenne Tribe (Tribe) on September 25, 2017, as described in our February 26, 2021 proposal. The TIP includes ambient air quality standards and provisions for an open burning permit program, enforcement and appeals, and emergency authority. These provisions establish a base TIP that is suitable for the Northern Cheyenne Indian Reservation and four tribal trust parcels at issue (Reservation), is within the Tribe's regulatory capacities, and meets all applicable minimum requirements of the Clean Air Act (CAA or Act) and EPA regulations. The effect of this action is to make the approved TIP federally enforceable under the CAA and to further protect air quality on the Reservation.
Air Plan Approval; Arizona; Maricopa County Air Quality Department
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Maricopa County Air Quality Department (MCAQD or County) portion of the Arizona State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs). We are proposing action on rescissions of local rules that regulate these pollutants under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Outer Continental Shelf Air Regulations; Consistency Update for Virginia
The Environmental Protection Agency (EPA) is proposing to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which Virginia is the designated COA. The Commonwealth of Virginia's requirements discussed in this document are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.
Farm, Ranch, and Rural Communities Advisory Committee (FRRCC); Notice of Charter Renewal
Notice is hereby given that the Environmental Protection Agency (EPA) has determined that, in accordance with the provisions of the Federal Advisory Committee Act (FACA), the Farm, Ranch, and Rural Communities Advisory Committee (FRRCC) is in the public interest and is necessary in connection with the performance of EPA's duties. Accordingly, the FRRCC will be renewed for an additional two-year period. The purpose of the FRRCC is to provide advice and recommendations to the EPA Administrator on environmental issues and policies that are of importance to agriculture and rural communities. Inquiries may be directed to Venus Welch-White, Designated Federal Officer or Emily Selia, Alternate Designated Federal Officer for the FRRCC, U.S. EPA, (Mail Code 1101A), 1200 Pennsylvania Avenue NW, Washington, DC 20460, or FRRCC@epa.gov.
Air Plan Approval; California; Northern Sierra Air Quality Management District; Reasonably Available Control Technology
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Northern Sierra Air Quality Management District (NSAQMD or ``District'') portion of the California State Implementation Plan (SIP). This revision concerns the District's demonstration regarding reasonably available control technology (RACT) requirements for the 2015 8-hour ozone national ambient air quality standard (NAAQS or ``standards'') in the Western Nevada County (``Western Nevada'') ozone nonattainment area (NAA), which is under the jurisdiction of the NSAQMD. We are taking comments on this proposal and plan to follow with a final action.
Adequacy Status of Motor Vehicle Emissions Budgets in 1997 Annual PM2.5
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 the San Joaquin Valley. Specifically, our finding relates to budgets in the area's ``Attainment Plan Revision for the 1997 Annual PM2.5 Standard'' (``15 [mu]g/m\3\ SIP Revision''), submitted by the California Air Resources Board (CARB) on November 8, 2021. We find that these budgets are adequate for transportation conformity purposes for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Upon the effective date of this notice of adequacy, the San Joaquin Valley metropolitan planning organizations (MPOs) and the U.S. Department of Transportation must use these adequate budgets in future transportation conformity determinations. Furthermore, once the San Joaquin Valley MPOs have used the adequate budgets to demonstrate conformity of their transportation plans to the 15 [micro]g/m\3\ SIP Revision, the conformity freeze put in place as of December 27, 2021, will be lifted.
Air Plan Approval; AK; Incorporation by Reference Updates and Permit Program Revisions
The Environmental Protection Agency (EPA) is approving revisions to the Alaska State Implementation Plan (SIP) submitted on November 10, 2020. The revisions update the adoption by reference of certain Federal air regulations and add a pre-approved emission limit option that may be used to permit diesel engine facilities, among other changes. The EPA's approval makes the revisions federally enforceable as part of the Alaska SIP.
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