Environmental Protection Agency February 2022 – Federal Register Recent Federal Regulation Documents

The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2020 is available for public review. EPA requests recommendations for improving the overall quality of the inventory report to be finalized in April 2022, as well as subsequent inventory reports.

In this action, the U.S. Environmental Protection Agency (EPA) is finalizing technical revisions and clarifications for the national emission standards for hazardous air pollutants (NESHAP) for MSW Landfills established in the March 26, 2020, final rule. This final rule also amends the MSW Landfills NSPS at 40 CFR part 60, subpart XXX, to clarify and align the timing of compliance for certain requirements involving installation of a gas collection and control system (GCCS) under related MSW landfill rules. Additionally, the EPA is revising the definition of Administrator in the MSW Landfills Federal Plan that was promulgated on May 21, 2021 to clarify who has the authority to implement and enforce the applicable requirements. The EPA is also making some minor typographical corrections.

The Environmental Protection Agency (EPA)'s Environmental Financial Advisory Board (EFAB) will hold a public webinar for the first in a series of webinars as part of a Pollution Prevention Finance Forum to support the EFAB Pollution Prevention workgroup and its charge (https://www.epa.gov/waterfinancecenter/efab#meeting). Due to interest from the full Board, this webinar is being opened to the public.

This regulation establishes an exemption from the requirement of a tolerance for residues of Bacillus paralicheniformis strain CH2970 in or on all food commodities when used in accordance with label directions and good agricultural practices. Chr. Hansens Laboratory Inc. 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 Bacillus paralicheniformis strain CH2970 under FFDCA when used in accordance with this exemption.

This notice announces the Environmental Protection Agency's (EPA) approval of the Maine Department of Health and Human Services Drinking Water Program (ME DHHS-DWP) request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

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.

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).

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.

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.

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.

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.

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.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), via a letter dated September 15, 2020. The SIP revision includes the 1997 8-hour ozone national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the Birmingham, Alabama Area (hereinafter referred to as the ``Birmingham Area'' or ``Area''). The Birmingham Area is comprised of Jefferson and Shelby Counties. EPA is proposing to approve the Birmingham Area LMP because it provides for the maintenance of the 1997 8-hour ozone NAAQS within the Birmingham Area through the end of the second 10-year portion of the maintenance period. The effect of this action would be to make certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in the Birmingham Area federally enforceable as part of the Alabama SIP.

The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), revisions to the State Implementation Plan (SIP) submitted by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) on June 30, 2021. The revisions address the emission inventory requirements for the St. Clair County nonattainment area under the 2010 sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS or standard). The CAA requires states to develop and submit, as SIP revisions, emission inventories for all areas designated as nonattainment for any NAAQS. EPA proposed to approve this action on October 26, 2021, and received no adverse comments.

The Environmental Protection Agency (EPA) is hosting two identical public meetings to discuss and solicit input on environmental justice considerations related to the development of the proposed per- and polyfluoroalkyl substances (PFAS) national primary drinking water regulation (NPDWR) under the Safe Drinking Water Act (SDWA). In the context of developing this proposed regulation, environmental justice considerations include the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies with a particular focus on unique challenges faced by communities disproportionately burdened by environmental harms and risks. EPA is holding these meetings to share information and provide an opportunity for communities to offer input on the development of the proposed PFAS NPDWR. Information on how to register and request to speak during one of the meetings is detailed in the SUPPLEMENTARY INFORMATION section of this announcement.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a two-day meeting of the Scientific and Technological Achievement Awards (STAA) Panel. The purpose of the meeting is to review the 2021 STAA nominations and to make recommendations for awards. The meeting is closed to the public.

The EPA is proposing to revoke a May 22, 2020 finding that it is not appropriate and necessary to regulate coal- and oil-fired electric utility steam generating units (EGUs) under Clean Air Act (CAA) section 112, and to reaffirm the Agency's April 25, 2016 finding that it remains appropriate and necessary to regulate hazardous air pollutant (HAP) emissions from EGUs after considering cost. The Agency is also reviewing another part of the May 22, 2020 action, a residual risk and technology review (RTR) of Mercury and Air Toxics Standards (MATS). Accordingly, in addition to soliciting comments on all aspects of this proposal, the EPA is soliciting information on the performance and cost of new or improved technologies that control HAP emissions, improved methods of operation, and risk-related information to further inform the Agency's review of the MATS RTR as directed by Executive Order 13990.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Petroleum Dry Cleaners (EPA ICR Number 0997.13, OMB Control Number 2060-0079), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through April 30, 2022. Public comments were previously requested, via the Federal Register, on February 8, 2021 during a 60-day comment period. This notice allows for 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 neither conduct nor 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 making an interim final determination that the Arizona Department of Environmental Quality (ADEQ) has submitted a revised rule on behalf of the Maricopa County Air Quality Department (MCAQD or County) that corrects deficiencies in its Clean Air Act (CAA or Act) state implementation plan (SIP) provisions concerning ozone nonattainment requirements for controlling oxides of nitrogen (NOX) at power plants. This determination is based on a proposed approval, published elsewhere in this Federal Register, of MCAQD's Rule 322 regulating that source category. The effect of this interim final determination is that the imposition of sanctions that were triggered by a previous disapproval by the EPA in 2020 is now deferred. If the EPA finalizes its approval of MCAQD's submission, relief from these sanctions will become permanent.

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

In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on the following Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): ``Notification of Substantial Risk of Injury to Health and the Environment under the Toxic Substances Control Act (TSCA)'' and identified by EPA ICR No. 0794.17 and OMB Control No. 2070-0046. This ICR represents the renewal of an existing ICR that is currently approved through October 31, 2022. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection activities and burden estimates that are summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

The Environmental Protection Agency (EPA) is proposing to extend the deadline by which Federal, State, territory, and tribal certifying authorities with existing certification plans are required to revise their existing certification plans to conform with the updated Federal standards for the certification of applicators of restricted use pesticides (RUPs) up to but not longer than November 4, 2024. Federal, State, territory, and tribal certifying authorities with existing certification plans are required to revise their existing certification plans to conform with the updated Federal standards for the certification of applicators of RUPs and the regulations established the deadline by which the existing plans are set to expire unless the revised plans are approved by the Agency. EPA is proposing this extension to allow additional time for proposed certification plan modifications to continue being reviewed and approved by EPA without interruption to Federal, State, territory, and tribal certification programs or to those who are certified to use RUPs under those programs.

The Environmental Protection Agency (EPA) is proposing to find that the Wisconsin portion of the Chicago-Naperville, IL-IN-WI area (Chicago area) is attaining the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard) and to act in accordance with a request from the Wisconsin Department of Natural Resources (Wisconsin or the State) to redesignate the Wisconsin portion of the area to attainment for the 2008 ozone NAAQS, because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). The Wisconsin portion of the Chicago 2008 ozone area consists of the portion of Kenosha County bounded by the I-94 corridor and the area east to Lake Michigan (Kenosha portion). Wisconsin submitted this request on December 3, 2021. EPA is proposing to approve, as a revision to the Wisconsin State Implementation Plan (SIP), the State's plan for maintaining the 2008 ozone NAAQS through 2035 in the Chicago area. EPA also finds adequate and is proposing to approve Wisconsin's 2025 and 2030 volatile organic compound (VOC) and oxides of nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for the Kenosha portion. Finally, pursuant to section 110 and part D of the CAA, EPA is proposing to approve the enhanced Inspection/Maintenance (I/M) program performance modeling analysis included in Wisconsin's December 3, 2021 submittals, because it satisfies the serious enhanced I/M requirements for the Kenosha portion.

This notice announces the availability of EPA's interim registration review decisions for the following chemicals: Creosote; and chromated arsenicals and dichromic acid, disodium salt, dehydrate. In addition, it announces the final registration review decision for pentachlorophenol.