Environmental Protection Agency 2022 – Federal Register Recent Federal Regulation Documents

EPA is required under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to make information publicly available and to publish information in the Federal Register pertaining to submissions under TSCA section 5, including notice of receipt of a Premanufacture notice (PMN), Significant New Use Notice (SNUN) or Microbial Commercial Activity Notice (MCAN), including an amended notice or test information; an exemption application (Biotech exemption); an application for a test marketing exemption (TME), both pending and/or concluded; a notice of commencement (NOC) of manufacture (including import) for new chemical substances; and a periodic status report on new chemical substances that are currently under EPA review or have recently concluded review. This document covers the period from 7/1/ 2022 to 7/31/2022.

The U.S. Environmental Protection Agency (EPA) is issuing a notice of data availability (NODA) and extending the comment period for proposed amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Gasoline Distribution facilities and the Standards of Performance for Bulk Gasoline Terminals and proposed New Source Performance Standards (NSPS). The original proposed rule was published on June 10, 2022, with a 60-day public comment period closing August 9, 2022. With this notification, EPA is extending the public comment period for an additional 30 days, until September 12, 2022.

The Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of certain TSCA submissions when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA. This document presents statements of findings made by EPA on such submissions during the period from March 1, 2022 to April 30, 2022.

The Environmental Protection Agency has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): Assessment of Environmental Performance Standards and Ecolabels for Federal Procurement (EPA ICR Number 2516.04 and OMB Control Number 2070-0199). This is a request to reinstate a previously approved ICR. Public comments were previously requested via the Federal Register on March 1, 2022, during a 60-day comment period. This notice allows for an additional 30 days for public comments. The ICR, a copy of which is in the docket and briefly summarized in this document, describes the covered information collection activities, along with the Agency's estimated burden and cost. 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 convene the Hazardous Waste Electronic System (e-Manifest) Advisory Board for a three (3) day virtual public meeting. The purpose of the meeting is for EPA to seek the Board's consultation and recommendations regarding the e-Manifest system (Meeting Theme: ``Roadmap to 100% Electronic Manifests'').

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants through 2022 Pesticide Registration Maintenance Fee responses to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the New York State Implementation Plan (SIP) for the purposes of implementing control of air pollution for volatile organic compounds (VOC). The proposed SIP revision consists of amendments to regulations outlined within New York's Codes, Rules, and Regulations that implement control measures for architectural and industrial maintenance coatings. The intended effect of this action is to approve control strategies which will result in VOC emission reductions that will help attain and maintain the national ambient air quality standards for ozone. These actions are being taken in accordance with the requirements of the Clean Air Act.

The Environmental Protection Agency (EPA) is taking final action to partially approve and partially disapprove revisions to the Missouri State Implementation Plan (SIP) received on March 20, 2019 and June 10, 2021. The SIP revisions in the 2019 and 2021 submittals incorporate updates to construction permit requirement regulations for stationary and portable air sources in Missouri that help ensure ambient air quality standards are met. The changes include procedures for the Missouri Department of Natural Resources (MoDNR) to issue general permits, numerous organizational changes, administrative and typographical edits. The approved portions of the rule revision meet the requirements of the Clean Air Act. EPA is disapproving Section (1)(B) regarding voluntary permits. EPA is disapproving because the language of the provision is too vague and does not provide sufficient clarity for implementation.

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions of New Hampshire Code of Administrative Rules Chapter Env-A 1000 submitted by the State of New Hampshire on January 8, 2020. Env-A 1000 establishes requirements for open burning, fugitive dust, and firefighter instruction and training activities. This action is being taken under the Clean Air Act.

In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, memorandum regarding ``Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,'' notice is hereby given of a proposed settlement in Northwest Environmental Advocates, et al., v. US EPA, No. 1:13-cv-263 (D. Idaho). On September 24, 2013, the Northwest Environmental Advocates and the Idaho Conservation League (collectively ``Plaintiffs'') filed an amended complaint against the EPA alleging, among other things, that the Agency had failed to complete its mandatory duty under the Clean Water Act (``CWA'') to prepare and publish proposed water quality standards for mercury pollution to protect aquatic life following its disapproval of related water quality standard revisions by the State in 2008. On July 19, 2021, the Court issued a ruling concluding that, under the circumstances of this case, EPA's disapproval created a mandatory duty for the Agency to promulgate new criteria for the State. Having ruled against EPA on liability, the Court directed the parties to file briefs regarding an appropriate remedy. EPA seeks public input on a proposed stipulated order on remedy (``Proposed Order'') prior to its final decision-making to settle the remedy portion of the litigation.

Under the Federal Advisory Committee Act, the Environmental Protection Agency (EPA) gives notice of a public meeting of the Good Neighbor Environmental Board (GNEB or Board). The purpose of the meeting is to continue developing the framework for the Board's annual letter to the President, focusing on water and wastewater infrastructure issues and challenges along the U.S.-Mexico border region.

The Environmental Protection Agency (EPA) publishes the Semiannual Agenda of Regulatory and Deregulatory Actions online at https://www.reginfo.gov to periodically update the public. This document contains information about: Regulations in the Semiannual Agenda that are under development, completed, or canceled since the last agenda; and Reviews of regulations with small business impacts under Section 610 of the Regulatory Flexibility Act.

This notice announces the availability of EPA's interim registration review decisions for the following chemicals: Laminarin and Linalool. In addition, this notice announces the closure of the registration review case for nabam and denatonium saccharide because the last U.S. registrations for these pesticides have been canceled.

The Environmental Protection Agency (EPA) is making an interim final determination that the Arizona Department of Environmental Quality (ADEQ) has submitted a rule and other materials on behalf of the Maricopa County Air Quality Department (MCAQD or ``County'') that correct deficiencies in its Clean Air Act (CAA or ``Act'') state implementation plan (SIP) provisions concerning ozone nonattainment requirements. This determination is based on a proposed approval, published elsewhere in this issue of the Federal Register, of MCAQD's reasonably available control technology (RACT) demonstration for the aerospace coating category (``aerospace operations RACT certification'') and negative declarations for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standards'') in the portion of the Phoenix-Mesa ozone nonattainment areas regulated by the MCAQD, as well as a rule covering emissions of volatile organic compounds (VOCs) from surface coatings and industrial adhesives. The effect of this interim final determination is that the imposition of sanctions that were triggered by a previous partial disapproval by the EPA in 2021 is now deferred. If the EPA finalizes its approval of MCAQD's submission, relief from these sanctions will become permanent.

The Environmental Protection Agency (EPA) is making an interim final determination that the Arizona Department of Environmental Quality (ADEQ) has submitted revised rules on behalf of the Maricopa County Air Quality Department (MCAQD or County) that correct deficiencies in its Clean Air Act (CAA or Act) state implementation plan (SIP) provisions concerning reasonably available control technology (RACT) ozone nonattainment requirements for controlling emissions of oxides of nitrogen (NOX) from combustion equipment and internal combustion engines. This determination is based on a proposed approval, published elsewhere in this Federal Register, of MCAQD's Rules 323 and 324 which regulate these source categories. The effect of this interim final determination is that the imposition of sanctions that were triggered by two prior disapprovals by the EPA, the first in 2020 for these two rules, and the second in 2021 for the County's 2017 determination that it was implementing RACT for major sources of NOX, are now deferred. If the EPA finalizes its approval of MCAQD's submission, relief from these sanctions will become permanent.

EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period July 1, 2021, to June 30, 2022, to control unforeseen pest outbreaks.

The Environmental Protection Agency (EPA) is taking final action 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 NSAQMD's demonstration regarding reasonably available control technology (RACT) requirements and negative declarations for the 2015 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') in the Western Nevada County ozone nonattainment area, which is under the jurisdiction of the District.

The Environmental Protection Agency (EPA) is inviting nominations for membership on the Farm, Ranch, and Rural Communities Advisory Committee (FRRCC). The purpose of the FRRCC is to provide policy advice, information, and recommendations to the EPA Administrator on a range of environmental issues and policies that are of importance to agriculture and rural communities.

The U.S. Environmental Protection Agency's (EPA) Office of Ground Water and Drinking Water is announcing a virtual meeting of the National Drinking Water Advisory Council (NDWAC or Council) as authorized under the Safe Drinking Water Act (SDWA). The purpose of the meeting is for EPA to update the Council on Safe Drinking Water Act programs and to consult with NDWAC as required by SDWA on a proposed National Primary Drinking Water Regulation (NPDWR) for per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). Additional details including other topics for discussion will be provided in the meeting agenda, which will be posted on EPA's NDWAC website. See the SUPPLEMENTARY INFORMATION section of this announcement for more information.

The Environmental Protection Agency (EPA) is proposing a rule that would reduce air pollution from highway heavy-duty vehicles and engines, including ozone, particulate matter, and greenhouse gases. This proposal would change the heavy-duty emission control program including the standards, test procedures, useful life, warranty, and other requirementsto further reduce the air quality impacts of heavy- duty engines across a range of operating conditions and over a longer period of the operational life of heavy-duty engines. Heavy-duty vehicles and engines are important contributors to concentrations of ozone and particulate matter and their resulting threat to public health, which includes premature death, respiratory illness (including childhood asthma), cardiovascular problems, and other adverse health impacts. This proposal would reduce emissions of nitrogen oxides and other pollutants. In addition, this proposal would make targeted updates to the existing Heavy-Duty Greenhouse Gas Emissions Phase 2 program, proposing that further GHG reductions in the MY 2027 timeframe are appropriate considering lead time, costs, and other factors, including market shifts to zero-emission technologies in certain segments of the heavy-duty vehicle sector. We also propose limited amendments to the regulations that implement our air pollutant emission standards for other sectors (e.g., light-duty vehicles, marine diesel engines, locomotives, various types of nonroad engines, vehicles, and equipment).

The Safer Choice program in the Environmental Protection Agency (EPA) is accepting submissions for its 2022 Safer Choice Partner of the Year Awards. EPA developed the Partner of the Year Awards to recognize the leadership contributions of Safer Choice partners and stakeholders who, over the past year, have shown achievement in the design, manufacture, selection and use of products with safer chemicals, that further outstanding or innovative source reduction. EPA especially encourages submission of award applications that show how the applicant's work in the design, manufacture, selection and use of those products promotes environmental justice, bolsters resilience to the impacts of climate change, results in cleaner air or water, or improves drinking water quality. All Safer Choice stakeholders and program participants in good standing are eligible for recognition. Interested parties who would like to be considered for this award should submit to EPA information about their accomplishments and contributions during 2021. There is no form associated with this year's application. EPA will recognize award winners at a Safer Choice Partner of the Year Awards ceremony in the fall of 2022.

The Environmental Protection Agency (EPA) is proposing approval of State Implementation Plan (SIP) revisions submitted by the State of Connecticut for purposes of implementing the 2008 and 2015 ozone National Ambient Air Quality Standards (NAAQS). The SIP revisions consist of a demonstration that Connecticut meets the requirements of reasonably available control technology (RACT) for the two precursors for ground-level ozone, oxides of nitrogen (NOX) and volatile organic compounds (VOCs), set forth by the Clean Air Act (CAA, or the Act) with respect to the 2008 and 2015 ozone standards. We are also proposing approval of a Consent Order that establishes NOX RACT requirements for facilities operated by NRG Connecticut. Additionally, we are proposing approval of Connecticut's certification that it meets the nonattainment new source review (NNSR) requirements of the CAA for purposes of the 2008 and 2015 ozone standards. This action is being taken in accordance with the CAA.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Part 70 State Operating Permit Program (EPA ICR Number 1587.15, OMB Control Number 2060-0243) 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 August 31, 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.

This regulation establishes exemptions from the requirement of a tolerance for residues of butoxypolypropylene glycol (BPG; [alpha]- butyl-[omega]-hydroxy-poly-oxy(methyl-1,2-ethanediyl) (CAS Reg. No. 9003-13-8)), oxirane, 2-methyl-, polymer with oxirane, mono-2-propen-1- yl ether (CAS Reg. No. 9041-33-2; polyether 1), poly(oxy-1,2- ethanediyl), [alpha]-acetyl-[omega]-(2-propen-1-yloxy)- (CAS Reg. No. 27252-87-5; polyether 2) and poly(oxy-1,2-ethanediyl), [alpha]-methyl- [omega]-(2-propen-1-yloxy)- (CAS Reg. No. 27252-80-8; polyether 3) when used as an inert ingredient in/on growing crops and raw agricultural commodities pre- and post-harvest and applied to animals. Spring Trading Company, on behalf of Evonik Corporation, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of exemptions from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of BPG and polyethers 1, 2, and 3 when used in accordance with these exemptions.

On August 28, 2009, the Environmental Protection Agency (EPA) issued a final rule titled ``Revisions to the California State Implementation Plan, Antelope Valley Air Quality Management District.'' That publication inadvertently omitted regulatory text rescinding four previously approved rules for the Antelope Valley Air Quality Management District portion of the California State Implementation Plan (SIP). On September 20, 2016, the EPA issued a final rule titled ``Approval of California Air Plan Revisions, Department of Pesticide Regulations.'' That publication listed the wrong EPA approval dates and Federal Register citations for certain rules. The EPA is proposing action to correct these errors.