Environmental Protection Agency August 19, 2022 – Federal Register Recent Federal Regulation Documents

On September 23, 2021, the South Carolina Department of Health and Environmental Control (SCDHEC or State agency) requested to change its delegation mechanism from ``adopt-by-reference'' to ``automatic'' for delegation of New Source Performance Standards (NSPS) under our regulations. The purpose of the State agency request for approval of the ``automatic'' delegation mechanism is to facilitate consistency with the State agency's ``automatic'' delegation mechanism for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants rules. With this NSPS delegation mechanism in place, once a new or revised rule is promulgated by EPA, delegation of authority from EPA to the State agency will become effective on the date the rule is promulgated. No further State requests for delegation will be necessary. Likewise, no further Federal Register notices will be published. EPA reserves the right to implement the federal NSPS directly and continues to retain concurrent enforcement authority. EPA is providing notice that it approved SCDHEC's request on January 17, 2022.

The Environmental Protection Agency (EPA) is proposing to determine that the Anne Arundel County and Baltimore County, Maryland sulfur dioxide (SO2) nonattainment area has attained the 2010 primary SO2 national ambient air quality standard (2010 SO2 NAAQS). In designated nonattainment areas where air quality data demonstrate that the NAAQS have been attained, EPA interprets certain requirements of the Clean Air Act (CAA) as no longer applicable for so long as air quality continues to meet the standard. Under this Clean Data Policy, EPA may issue a determination of attainment, known as a clean data determination (CDD), that a nonattainment area is attaining the relevant NAAQS. If finalized, this proposed CDD would suspend the obligation to submit certain attainment planning requirements for the nonattainment area for as long as the area continues to attain the 2010 SO2 NAAQS. EPA is also simultaneously proposing to approve certain elements of the attainment plan contained in Maryland's state implementation plan (SIP) revision for the Anne Arundel County and Baltimore County SO2 nonattainment area (referred to hereafter as the Anne Arundel-Baltimore County Area, or simply the Area), submitted to EPA on January 31, 2020. The requirement to submit the elements that EPA is proposing to approve would not be suspended under this proposed CDD, as set forth in EPA's Clean Data Policy, because EPA considers them to be independent of attaining the NAAQS under the CAA. Finally, EPA is approving as SIP strengthening measures certain emission limit requirements on large SO2 emission sources that were submitted as part of Maryland's attainment plan for the nonattainment area. This determination of attainment and approval of certain elements and emissions limitations into the SIP does not redesignate the Area to attainment or constitute a full approval of the submitted attainment plan or of a maintenance plan. This action is being taken under the CAA.

The Environmental Protection Agency (EPA) is extending the deadline by which existing certification plans for the certification of restricted use pesticide (RUP) applicators may remain valid until either EPA has approved revised certification plans that conform to the updated federal standards or they expire, whichever is earlier, to November 4, 2023. Federal, state, territory, and tribal certifying authorities with existing certification plans are required to complete revisions to their existing plans conforming with the updated federal standards for RUP applicator certification, and the regulations establish the deadline by which the existing plans will expire unless the revised plans are approved by the Agency. EPA is extending this deadline to allow additional time for any remaining proposed certification plan modifications pending approval 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.