Environmental Protection Agency March 16, 2022 – Federal Register Recent Federal Regulation Documents
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Air Plan Approval; Pennsylvania; Allegheny County Area Fine Particulate Matter Clean Data Determination
The Environmental Protection Agency (EPA) is finalizing a determination that the Allegheny County, Pennsylvania nonattainment area has clean data for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). This clean data determination (CDD) is based upon quality-assured, quality- controlled, and certified ambient air monitoring data showing the area has attained the 2012 annual PM2.5 NAAQS based on the 2018- 2020 data available in EPA's Air Quality System (AQS) database. Based on this clean data determination, pursuant to EPA's Clean Data Policy, the obligation for Pennsylvania to make submissions to meet certain Clean Air Act (CAA or the Act) attainment plan requirements for the 2012 annual PM2.5 NAAQS for the Allegheny County area is suspended for as long as the area continues to attain the 2012 annual PM2.5 NAAQS. Following this final action, Pennsylvania's remaining obligation to submit contingency measures in response to EPA's May 14, 2021 conditional approval of Allegheny County's PM2.5 attainment plan is suspended. Additionally, the federal implementation plan (FIP) clock, which was triggered by EPA's March 26, 2018 Finding of Failure to Submit an attainment plan for the 2012 PM2.5 NAAQS for the Allegheny County Nonattainment Area, is suspended for the remaining contingency measures element conditionally approved as part of EPA's May 14, 2021 action on the Allegheny County PM2.5 attainment plan.
National Priorities List
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds 12 sites to the NPL, 11 to the General Superfund section and one to the Federal Facilities section.
Air Plan Approval; GA; Updates to References to Appendix W Modeling Guidelines
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) on September 1, 2020. Specifically, EPA is proposing to approve updates to the incorporation by reference of federal prevention of significant deterioration (PSD) new source review (NSR) regulations in the Georgia SIP. Based on the proposal to approve this SIP revision, EPA is also proposing to convert the previous conditional approval regarding Georgia's infrastructure SIP's PSD elements for the 2015 Ozone National Ambient Air Quality Standard (NAAQS) to a full approval. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality and Maricopa County Air Quality Department
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Arizona Department of Environmental Quality (ADEQ) and Maricopa County Air Quality Department (MCAQD) portions of the Arizona State Implementation Plan (SIP). These revisions were submitted by ADEQ and MCAQD in response to the EPA's June 12, 2015 finding of substantial inadequacy and SIP call for certain provisions in the SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. The EPA is finalizing approval of the SIP revisions because the Agency has determined that they are in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or the Act) and correct deficiencies identified in the June 12, 2015 SIP call.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Meat and Poultry Products Industry Data Collection
The Environmental Protection Agency has submitted an information collection request (ICR), ``Meat and Poultry Products Industry Data Collection'' (EPA ICR No. 2701.01, OMB Control No. 2040- NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a request for approval of a new collection. Public comments were previously requested via the Federal Register on November 19, 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 not conduct or sponsor and a person is not required to respond to a collection of information addressed to ten or more entities unless it displays a currently valid OMB control number.
CERCLA Cashout Settlement Agreement for the C-Brite Removal Site in Harbor City; Los Angeles County, California
In accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given that the Environmental Protection Agency (EPA), has entered into a proposed settlement, embodied in a Cashout Settlement Agreement for Ability to Pay Peripheral Parties (``Settlement Agreement''), with the Laffey Family Trust, dated August 6, 2001 (and amended January 24, 2013), and Virginia Laffey (collectively, ``Settling Parties''), owners of the real property located at 1213 253rd Street, Harbor City, Los Angeles County, California, known as the Former C- Brite Metal Finishing Facility Site (``C-Brite Site'' or ``Site''). C- Brite Metal Finishing, Inc. operated a plating business at the Site from 1966 to 2017 and abandoned the property thereafter. Under the Settlement Agreement, the Settling Parties' CERCLA liability will be resolved in exchange for a lump sum payment of $100,000, which will be placed in a special account and used to fund response actions at the Site.
Notice of Proposed Administrative Settlement Agreement for Removal Action and Payment of Response Costs by Prospective Lessee at theC-Brite Removal Site in Harbor City; Los Angeles County, California
In accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given that the Environmental Protection Agency (EPA), has entered into a proposed settlement, embodied in an Administrative Settlement Agreement for Removal Action and Payment of Response Costs by Prospective Lessee (``Settlement Agreement''), with 1213 253rd, LLC (``Prospective Lessee''), a prospective lessee and purchaser of the real property located at 1213 253rd Street, Harbor City, Los Angeles County, California, known as the Former C-Brite Metal Finishing Facility Site (``C-Brite Site'' or ``Site''). C-Brite Metal Finishing, Inc. operated a plating business at the Site from 1966 to 2017 and abandoned the property thereafter. Under the Settlement Agreement, the Prospective Lessee agrees to perform a portion of the removal work at the Site and to pay $80,000 for EPA's oversight costs in exchange for liability protection, contribution protection, a release of any lien on the Site under CERCLA Section 107(r) or 107(l), and a covenant not to sue for existing contamination at the Site, the payment of EPA's oversight costs, or the removal work. EPA completed the removal of hazardous contamination at the site, and the Lessee will now continue with the removal of all the remaining non-hazardous debris.
Proposed Settlement Agreement, Clean Air Act Citizen Suit
In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed settlement agreement in Genscape, Inc. v. EPA, No. 19-3705 (6th Cir.). On July 26, 2019, Petitioner Genscape, Inc. (Genscape) filed a petition for review in the United States Court of Appeals for the Sixth Circuit. Genscape challenged the final action of the Environmental Protection Agency (EPA or the Agency) entitled ``EPA Final Determination in the Matter of Genscape, Inc., Option A Quality Assurance Plan Auditor Under the Renewable Fuel Standard Program'' (``Final Determination''), which was issued on May 31, 2019. The proposed settlement agreement would require dismissal of the litigation once EPA issues a revision to the Final Determination as specified in Attachment A.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Polyvinyl Chloride and Copolymers Production (Renewal)
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Polyvinyl Chloride and Copolymers Production (EPA ICR Number 2432.06, OMB Control Number 2020- 0666), 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 April 13, 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; CEQ-EPA Presidential Innovation Award for Environmental Educators and the President's Environmental Youth Awards Application
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), CEQ-EPA Presidential Innovation Award for Environmental Educators and the President's Environmental Youth Awards Application (EPA ICR Number 2524.03, OMB Control Number 2090-0031) 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 October 18, 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 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Source Categories: Generic Maximum Achievable Control Technology Standards for Acetal Resin; Acrylic and Modacrylic Fiber; Hydrogen Fluoride and Polycarbonate Production (Renewal)
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Source Categories: Generic Maximum Achievable Control Technology Standards for Acetal Resin; Acrylic and Modacrylic Fiber; Hydrogen Fluoride and Polycarbonate Production (EPA ICR Number 1871.11, OMB Control Number 2060-0420), 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 (86 FR 19256), on April 13, 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Expanded Access to TSCA Confidential Business Information
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Expanded Access to Toxic Substances Control Act Confidential Business Information, (EPA ICR Number 2570.02, OMB Control Number 2070-0209) 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 March 31, 2022. Public comments were previously requested via the Federal Register on August 12, 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 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.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Notification of Episodic Releases of Oil and Hazardous Substances (Renewal)
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Notification of Episodic Releases of Oil and Hazardous Substances (EPA ICR Number 1049.15, OMB Control Number 2050-0046) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Public comments were previously requested via the Federal Register on September 23, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comment. 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.
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