Environmental Protection Agency 2022 – Federal Register Recent Federal Regulation Documents

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Adequacy Status of Motor Vehicle Emissions Budgets for the New York Portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 2008 8-Hour Ozone Nonattainment Area
Document Number: 2022-25605
Type: Notice
Date: 2022-11-23
Agency: Environmental Protection Agency
In this notice, the EPA is notifying the public that it has found that the 2020 motor vehicle emissions budgets for volatile organic compounds (VOCs) and nitrogen oxides (NOX), submitted by the New York State Department of Environmental Conservation on November 29, 2021, for the 2008 national ambient air quality standard (NAAQS) for ozone (the Budgets), are adequate for transportation conformity purposes for the New York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone nonattainment area. This revision to the SIP included 2020 summer day VOC and NOX Budgets associated with the SIP's reasonable further progress demonstration.
Proposed Consent Decree, Clean Air Act Citizen Suit
Document Number: 2022-25603
Type: Notice
Date: 2022-11-23
Agency: Environmental Protection Agency
In accordance with the Clean Air Act, as amended (CAA or the Act), EPA is providing notice of a proposed consent decree in Comit[eacute] Progreso de Lamont, et al. v. United States Environmental Protection Agency, et al., No. 3:21-cv-08733-WHA (N.D. Cal.). On November 10, 2021, Plaintiffs Comit[eacute] Progreso de Lamont, Committee for a Better Arvin, Committee for a Better Shafter, Central California Environmental Justice Network, Association of Irritated Residents, Medical Advocates for Healthy Air, National Parks Conservation Association, and Sierra Club filed a complaint in the United States District Court for the Northern District of California. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act. These duties pertain to promulgation of a Federal Implementation Plan (FIP) for the San Joaquin Valley area of California to address certain remaining nonattainment plan requirements for the 1997, 2006, and 2012 PM2.5 national ambient air quality standards (NAAQS). The proposed consent decree would establish deadlines for EPA to sign notices of proposed and final actions.
Air Plan Approval; North Carolina; Minor Revisions to Nitrogen Oxides Rule
Document Number: 2022-25285
Type: Proposed Rule
Date: 2022-11-22
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a revision to the North Carolina State Implementation Plan (SIP) submitted by the North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality, via a letter dated April 13, 2021, and received by EPA on April 14, 2021. This revision contains minor changes to North Carolina's nitrogen oxides (NOX) rule. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Request for Nominations for the Science Advisory Board Inorganic Arsenic Review Panel
Document Number: 2022-25170
Type: Notice
Date: 2022-11-22
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office requests public nominations of scientific experts to form a Panel to review the draft EPA Integrated Risk Information System (IRIS) Toxicological Review of Inorganic Arsenic. Based on the publicly available systematic review protocol, EPA's draft assessment includes a summary of the chemical properties and pharmacokinetics; hazard identification analysis for diseases of the circulatory system, pregnancy and birth outcomes, diabetes, and neurodevelopmental effects; and dose-response analysis characterizing the quantitative relationship for the noncancer outcomes listed above as well as for bladder cancer and lung cancer. These quantitative relationships are then used to derive cancer and non-cancer toxicity values (e.g., oral slope factor, reference dose). The SAB Inorganic Arsenic Review Panel will consider whether the conclusions found in the EPA's draft assessment are clearly presented and scientifically supported.
Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses
Document Number: 2022-25344
Type: Notice
Date: 2022-11-22
Agency: Environmental Protection Agency
This notice announces EPA's order for the cancellations and amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of certain product registrations, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an August 29, 2022, Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II, to voluntarily cancel and amend certain product registrations to terminate uses of these product registrations. In the August 29, 2022, notice, EPA indicated that it would issue an order implementing the cancellations and amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and amendments to terminate uses. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Air Plan Approval; Colorado; Reg 3 NSR and APEN Updates
Document Number: 2022-24858
Type: Rule
Date: 2022-11-22
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is finalizing approval of regulatory amendments submitted by the State of Colorado on May 13, 2020. The revisions make limited amendments to the State's New Source Review (NSR) and Air Pollution Emission Notices (APEN). The EPA is taking this action pursuant to the Clean Air Act (CAA).
Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses
Document Number: 2022-25428
Type: Notice
Date: 2022-11-22
Agency: Environmental Protection Agency
In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel certain product registrations and to amend certain product registrations to terminate one or more uses. 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 or uses terminated only if such sale, distribution, or use is consistent with the terms as described in the final order.
Air Plan Approval; North Carolina; Charlotte-Gastonia-Rock Hill Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS
Document Number: 2022-25078
Type: Proposed Rule
Date: 2022-11-21
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of North Carolina, through the North Carolina Division of Air Quality (NCDAQ), via a letter dated December 9, 2021. The SIP revision includes the 1997 8-hour ozone national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the North Carolina portion (hereinafter referred to as the Metrolina Area) of the Charlotte-Gastonia-Rock Hill NC-SC 1997 8-hour ozone maintenance area (hereinafter referred to as the ``Charlotte NC-SC 1997 8-hour NAAQS Area''). The Charlotte NC-SC 1997 8-hour NAAQS Area is comprised of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan, and Union Counties and a portion of Iredell County (i.e., Coddle Creek and Davidson Townships) in North Carolina; and the Rock Hill Metropolitan Planning Organization boundary in York County, South Carolina. EPA is proposing to approve the Metrolina Area LMP because it provides for the maintenance of the 1997 8-hour ozone NAAQS within the Metrolina Area through the end of the second 10-year portion of the maintenance period in 2034. The effect of this action would be to make certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in the Metrolina Area federally enforceable as part of the North Carolina SIP.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Residential Lead-Based Paint Hazards Disclosure Requirements (Renewal)
Document Number: 2022-25282
Type: Notice
Date: 2022-11-21
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Residential Lead-Based Paint Hazards Disclosure Requirements (EPA ICR Number 1710.09, OMB Control Number 2070-0151) 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 November 30, 2022. 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. 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.
Environmental Impact Statements; Notice of Availability
Document Number: 2022-25194
Type: Notice
Date: 2022-11-18
Agency: Environmental Protection Agency
Air Plan Approval; Mississippi; Revision of Excess Emissions Provisions
Document Number: 2022-25080
Type: Rule
Date: 2022-11-18
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Mississippi Department of Environmental Quality (MDEQ) on November 17, 2016, on behalf of the State of Mississippi. The revision was submitted in response to EPA's SIP Call published on June 12, 2015, concerning excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is approving the SIP revision and finds that such SIP revision corrects the deficiencies identified in the June 12, 2015, SIP Call.
Air Plan Approval; Connecticut; Plan Submittals for the 2008 Ozone National Ambient Air Quality Standard; Correction
Document Number: 2022-24792
Type: Rule
Date: 2022-11-18
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is correcting a final rule that was published in the Federal Register on October 1, 2018, which became effective on October 31, 2018. The final rule approved State Implementation Plan (SIP) revisions submitted by the State of Connecticut to address SIP revisions submitted to meet moderate area nonattainment requirements for the 2008 ozone standard. The SIP revisions are for the Greater Connecticut and the Connecticut portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT moderate ozone nonattainment areas, and include these areas 2011 base year emissions inventories, an emissions statement certification, reasonable further progress (RFP) demonstrations, reasonably available control measures (RACM) analyses, motor vehicle emissions budgets, and contingency measures. This correction does not change any final action taken by EPA on October 1, 2018; today's action merely corrects the Clean Air Act (CAA) citation for moderate area contingency measures. We have determined that there is good cause for making today's rule final without prior proposal and opportunity for comment because we are merely correcting an incorrect citation in a previous action. Thus, notice and public procedure are unnecessary.
Pesticide Product Registration; Receipt of Applications for New Active Ingredients October 2022
Document Number: 2022-25133
Type: Notice
Date: 2022-11-18
Agency: Environmental Protection Agency
EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.
Restoring Protective Human Health Criteria in Washington
Document Number: 2022-25150
Type: Rule
Date: 2022-11-18
Agency: Environmental Protection Agency
On April 1, 2022, the Environmental Protection Agency (EPA) determined that Washington's human health criteria (HHC) for certain pollutants were not protective of Washington's designated uses and were not based on sound scientific rationale and, accordingly, proposed to restore protective HHC for those pollutants in Washington's waters. EPA is finalizing protective and science-based Federal HHC in this final rule to protect Washington's waters, including waters where tribes hold treaty-reserved rights to fish.
Pesticide Product Registration; Receipt of Applications for New Uses October 2022
Document Number: 2022-25190
Type: Notice
Date: 2022-11-18
Agency: Environmental Protection Agency
EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.
Cyclaniliprole; Pesticide Tolerances
Document Number: 2022-25185
Type: Rule
Date: 2022-11-18
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of cyclaniliprole in or on multiple crops that are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Freedom of Information Act Regulations Update; Phase II
Document Number: 2022-24678
Type: Proposed Rule
Date: 2022-11-17
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or agency) proposes revisions to the agency's regulations under the Freedom of Information Act (FOIA or Act). This action supports the agency's mission by updating the process by which the public may access information about EPA actions and activities.
Sulfur Dioxide; Pesticide Tolerances
Document Number: 2022-25014
Type: Rule
Date: 2022-11-17
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of sulfur dioxide in or on blueberry. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities October 2022
Document Number: 2022-25071
Type: Proposed Rule
Date: 2022-11-17
Agency: Environmental Protection Agency
This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Air Plan Approval; Missouri; Ameren Sioux Sulfur Dioxide Consent Agreement
Document Number: 2022-24789
Type: Rule
Date: 2022-11-16
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri. This final action will amend the SIP to incorporate an additional sulfur dioxide (SO2) emissions limit for the Ameren Missouri (Ameren)Sioux Energy Center (Sioux). Specifically, the EPA is approving into the SIP an additional SO2 emissions limit and associated operating restrictions, monitoring, recordkeeping, and reporting (referred to as ``MRR''), and testing compliance requirements established in a consent agreement as permanent and enforceable SO2 control measures.
Air Plan Approval; New Mexico; Clean Air Act Requirements for Nonattainment New Source Review Permitting for the 2015 8-Hour Ozone National Ambient Air Quality Standards
Document Number: 2022-24748
Type: Rule
Date: 2022-11-16
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to the New Mexico State Implementation Plan (SIP) submitted by the State of New Mexico on August 10, 2021, that update the New Mexico Nonattainment New Source Review (NNSR) permitting program for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS).
Fees for the Administration of the Toxic Substances Control Act (TSCA)
Document Number: 2022-24137
Type: Proposed Rule
Date: 2022-11-16
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is issuing this document to modify and supplement its proposed rule issued on January 11, 2021, in which the Agency proposed updates and adjustments to the 2018 Fee Rule established under the Toxic Substances Control Act (TSCA). With over five years of experience administering the TSCA amendments of 2016, EPA is publishing this document to ensure that the fees charged accurately reflect the level of effort and resources needed to implement TSCA in the manner envisioned by Congress when it reformed the law. Additionally, the purpose of this document is to propose narrowing certain proposed exemptions for entities subject to the EPA-initiated risk evaluation fees and propose exemptions for the test rule fee activities; to propose modifications to the self- identification and reporting requirements for EPA-initiated risk evaluation and test rule fees; to propose a partial refund of fees for premanufacture notices withdrawn at any time after the first 10 business days during the assessment period of the chemical; to propose modifications to EPA's proposed methodology for the production volume- based fee allocation for EPA-initiated risk evaluation fees in any scenario where a consortium is not formed; to propose expanding the fee requirements to companies required to submit information for test orders; to propose modifying the fee payment obligations to require payment by processors subject to test orders and enforceable consent agreements (ECA); to propose extending the timeframe for test order and test rule payments; as well as to propose changes to the fee amounts and the estimate of EPA's total costs for administering TSCA.
Proposed Information Collection Request; Comment Request; Chrome Finishing Industry Data Collection
Document Number: 2022-24924
Type: Notice
Date: 2022-11-16
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``U.S. Environmental Protection Agency Chrome Finishing Industry Data Collection'' (EPA ICR No. 2723.01, OMB Control No. 2040-NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a request for approval of a new collection. 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.
Official Release of EMFAC2021 Motor Vehicle Emission Factor Model for Use in the State of California
Document Number: 2022-24790
Type: Notice
Date: 2022-11-15
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving and announcing the availability of the latest version of the California EMFAC (short for EMission FACtor) model for use in state implementation plan (SIP) development and transportation conformity in California. EMFAC2021 is the latest update to the EMFAC model for use by California state and local governments to meet Clean Air Act (CAA) requirements. The new model, which is based on new and improved data and new and amended regulations in California, calculates air pollution emissions factors for passenger cars, trucks, motorcycles, motor homes, and buses. The EPA is also approving EMFAC2017 adjustment factors, which are based on these same new regulations, for those areas that have already begun SIP development with EMFAC2017. This notice also sets the date after which EMFAC2021, rather than EMFAC2017 or the EMFAC2017 adjustment factors discussed in this notice, must be used to satisfy the requirement that conformity determinations be based on the latest emissions model available. Because the EMFAC model is used only in California, this notice does not affect the applicability of the Motor Vehicle Emissions Simulator (MOVES) model for users in other states.
Air Plan Approval; Texas; Control of Air Pollution From Visible Emissions and Particulate Matter
Document Number: 2022-24747
Type: Proposed Rule
Date: 2022-11-15
Agency: Environmental Protection Agency
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a revision to the Texas State Implementation Plan (SIP) submitted by the State of Texas to EPA on October 22, 2021, that pertains to particulate matter standards and outdoor burning regulations. The revision allows volunteer firefighters to fulfill supervision requirements for the burning of trees, grass, leaves, branch trimmings, or other plant growth generated from specific residential properties at designated sites for consolidated burning of waste located outside of a municipality and within a county with a population of less than 50,000.
Proposed Information Collection Request; Comment Request; Environmental Education Local Grants Progress Report Form
Document Number: 2022-24745
Type: Notice
Date: 2022-11-15
Agency: Environmental Protection Agency
The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Comment Request; Environmental Education Local Grants Progress Report Form'' (EPA ICR No. 2731.01, OMB Control No. 2090-NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a request for approval of a new collection. 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.
Air Plan Approval; Michigan; Revisions to Part 1 and 2 Rules; Withdrawal of Direct Final Rule
Document Number: 2022-24688
Type: Rule
Date: 2022-11-15
Agency: Environmental Protection Agency
Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the September 27, 2022, direct final rule approving revisions to Michigan Air Pollution Control Rules Part 1 Definitions, and Part 2 Air Use Approval for inclusion in the Michigan State Implementation Plan (SIP) and the removal of rules from the SIP that are part of Michigan's title V Renewable Operating Permit program, and rules that have been moved to other sections of the Michigan Administrative Code and approved into the Michigan SIP. EPA will address the comment in a subsequent final action based upon the proposed action also published on September 27, 2022. EPA will not institute a second comment period on this action.
Air Plan Approval; New Hampshire; Approval of Single Source Order
Document Number: 2022-24683
Type: Proposed Rule
Date: 2022-11-15
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. This revision establishes reasonably available control technology (RACT) requirements for Fujifilm Dimatix Incorporated located in Lebanon, NH. The intended effect of this action is to propose approval of the state's order for this facility. This action is being taken under the Clean Air Act.
Outer Continental Shelf Air Regulations; Consistency Update for Massachusetts
Document Number: 2022-24661
Type: Rule
Date: 2022-11-15
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is updating 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 the Clean Air Act. The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which Massachusetts is the designated COA. The Commonwealth of Massachusetts' requirements discussed in this document will be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the Federal OCS air regulations.
Air Plan Approval; California; Ventura County Air Pollution Control District
Document Number: 2022-24613
Type: Proposed Rule
Date: 2022-11-15
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from architectural coating operations. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Drinking Water Contaminant Candidate List 5-Final
Document Number: 2022-23963
Type: Rule
Date: 2022-11-14
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is issuing the Contaminant Candidate List (CCL) which is a list of contaminants in drinking water that are currently not subject to any proposed or promulgated national primary drinking water regulations. In addition, these contaminants are known or anticipated to occur in public water systems and may require regulation under the Safe Drinking Water Act (SDWA). This list is the Fifth Contaminant Candidate List (CCL 5) published by the agency since the SDWA amendments of 1996. CCL 5 includes 66 chemicals, 3 chemical groups (cyanotoxins, disinfection byproducts (DBPs), and per- and polyfluoroalkyl substances (PFAS)), and 12 microbial contaminants.
Availability of the IRIS Assessment Plan and Protocol for Assessing Cancer Risk From Inhalation Exposure to Cobalt and Cobalt Compounds
Document Number: 2022-24684
Type: Notice
Date: 2022-11-14
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is announcing a 30- day public comment period associated with release of the Integrated Risk Information System (IRIS) Assessment Plan and Systematic Review Protocol for Inhalation Exposure to Cobalt and Compounds (Cancer). This document communicates information on the scoping needs identified by EPA program and regional offices and the IRIS Program's initial problem formulation activities. Specifically, the assessment plan outlines the objectives for the IRIS assessment and the type of evidence considered most pertinent to address the scoping needs. The systematic review protocol describes the methodology of how the assessment will be conducted, including dose-response considerations. EPA is releasing this IRIS assessment plan and systematic review protocol for a 30-day public comment period in advance of a public science webinar planned for November 30, 2022. The Agency encourages the public to comment on all aspects of the assessment plan and the systematic review protocol, including key science issues and identification of any new or missing studies.
Delegation of Authority to the State of West Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants Standards and New Source Performance Standards
Document Number: 2022-24669
Type: Notice
Date: 2022-11-14
Agency: Environmental Protection Agency
On November 1, 2022, the Environmental Protection Agency (EPA) sent the State of West Virginia (West Virginia) a letter acknowledging that West Virginia's delegation of authority to implement and enforce the National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public, EPA is making available a copy of EPA's letter to West Virginia through this notice.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Reconsideration of Fugitive Emissions Rule; Extension of Comment Period
Document Number: 2022-24662
Type: Proposed Rule
Date: 2022-11-14
Agency: Environmental Protection Agency
On October 14, 2022, the Environmental Protection Agency (EPA) proposed a rule titled, ``Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Reconsideration of Fugitive Emissions Rule,'' FR Doc 2022-22259. The EPA has received a request for additional time to review and comment on the proposed rule revisions. The EPA is extending the comment period on the proposed rule that was scheduled to close on December 13, 2022, for sixty days.
Clean Air Plans; Base Year Emissions Inventories for the 2015 Ozone Standards; Nevada; Clark County, Las Vegas Valley
Document Number: 2022-23345
Type: Rule
Date: 2022-11-14
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA or ``Act''), revisions to the Nevada state implementation plan (SIP) concerning the base year emissions inventory requirements for the Las Vegas Valley ozone nonattainment area for the 2015 ozone national ambient air quality standards (NAAQS or ``standards'').
Lead-Based Paint Renovation, Repair and Painting Activities in Target Housing and Child-Occupied Facilities; State of Vermont; Notice of Self-Certification Program Authorization
Document Number: 2022-24541
Type: Notice
Date: 2022-11-10
Agency: Environmental Protection Agency
This document announces that on October 1, 2022, the State of Vermont was deemed authorized under section 404(a) of the Toxic Substances Control Act (TSCA) to administer and enforce requirements for the lead-based paint pre-renovation education and renovation, repair and painting (RRP) program. This document also announces that the Environmental Protection Agency (EPA) is seeking comment during a 45-day public comment period, and it is providing an opportunity to request a public hearing within the first 15 days of this comment period on whether Vermont's program is at least as protective as the federal program and provides for adequate enforcement. This document also announces that the authorization of the Vermont pre-renovation education and renovation, repair and painting program, which was deemed authorized by regulation and statute, will continue without further notice unless the EPA, based on its own review and/or comments received during the comment period, disapproves the Vermont program application.
Methylene Chloride; Revision to Toxic Substances Control Act (TSCA) Risk Determination; Notice of Availability
Document Number: 2022-24533
Type: Notice
Date: 2022-11-10
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is announcing the availability of the final revision to the risk determination for the methylene chloride risk evaluation issued under the Toxic Substances Control Act (TSCA). The revision to the methylene chloride risk determination reflects the announced policy changes to ensure the public is protected from unreasonable risks from chemicals in a way that is supported by science and the law. EPA determined that methylene chloride, as a whole chemical substance, presents an unreasonable risk of injury to health when evaluated under its conditions of use. In addition, this revised risk determination does not reflect an assumption that workers always appropriately wear personal protective equipment (PPE). EPA understands that there could be occupational safety protections in place at workplace locations; however, not assuming use of PPE reflects EPA's recognition that unreasonable risk may exist for subpopulations of workers that may be highly exposed because they are not covered by Occupational Safety and Health Administration (OSHA) standards, or their employers are out of compliance with OSHA standards, or because many of OSHA's chemical- specific permissible exposure limits largely adopted in the 1970's are described by OSHA as being ``outdated and inadequate for ensuring protection of worker health,'' or because the OSHA permissible exposure limit (PEL) alone may be inadequate for ensuring protection of worker health, or because EPA finds unreasonable risk for purposes of TSCA notwithstanding OSHA requirements. This revision supersedes the condition of use-specific no unreasonable risk determinations in the June 2020 Methylene Chloride Risk Evaluation and withdraws the associated TSCA order included in the June 2020 Methylene Chloride Risk Evaluation.
Environmental Impact Statements; Notice of Availability
Document Number: 2022-24552
Type: Notice
Date: 2022-11-10
Agency: Environmental Protection Agency
Science Advisory Committee on Chemicals (SACC); Request for Nominations
Document Number: 2022-24550
Type: Notice
Date: 2022-11-10
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) invites the public to nominate scientific experts from a diverse range of disciplines to be considered for appointment to the Science Advisory Committee on Chemicals (SACC), established pursuant to the Toxic Substances Control Act (TSCA). EPA anticipates appointing new SACC members by mid-2023 due to expiring membership terms. Sources in addition to this Federal Register notice may be utilized to solicit nominations and identify candidates. Any interested person or organization may nominate qualified individuals to be considered prospective candidates to the committee by following the instructions provided in this document. Individuals may also self-nominate.
Air Plan Approval; West Virginia; 2021 Amendments to West Virginia's Ambient Air Quality Standards
Document Number: 2022-24339
Type: Rule
Date: 2022-11-10
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of West Virginia. The revision updates West Virginia's incorporation by reference of EPA's national ambient air quality standards (NAAQS) and the associated monitoring reference and equivalent methods. EPA is approving these revisions to the West Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).
National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources Technology Review
Document Number: 2022-24129
Type: Rule
Date: 2022-11-10
Agency: Environmental Protection Agency
This action finalizes the technology review conducted for the paint stripping and miscellaneous surface coating operations area source categories regulated under national emission standards for hazardous air pollutants (NESHAP). These final amendments also address provisions regarding electronic reporting; make miscellaneous clarifying and technical corrections; simplify the petition for exemption process; and clarify requirements for emissions during periods of startup, shutdown, and malfunction (SSM). We are making no revisions to the numerical emission limits based on the technology review.
Proposed Consent Decree, Clean Water Act and Administrative Procedure Act Claims
Document Number: 2022-24502
Type: Notice
Date: 2022-11-10
Agency: Environmental Protection Agency
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 consent decree in Environmental Law & Policy Center, et al., v. United States Environmental Protection Agency, No. 3:19-cv-295 (N.D. Ohio). On February 7, 2019, the Environmental Law & Policy Center, which was later joined by the Lucas County Board of Commissioners, (collectively ``Plaintiffs'') filed a complaint against the EPA alleging that the Agency's approval of Ohio's 2018 section 303(d) list was arbitrary and capricious under the Administrative Procedure Act (APA) and that EPA had failed to perform duties mandated by the Clean Water Act (``CWA'') with respect to Ohio's obligation to develop a Total Maximum Daily Load (``TMDL'') to address nutrient pollution in western Lake Erie. EPA seeks public input on a proposed consent decree prior to its final decision-making to settle the litigation.
Amendment to Prospective Purchaser Agreement, Anaconda Smelter Superfund Site, Anaconda, Deer Lodge County, Montana
Document Number: 2022-24489
Type: Notice
Date: 2022-11-10
Agency: Environmental Protection Agency
Notice is hereby given by the U.S. Environmental Protection Agency (EPA), Region 8, of a proposed amendment to a prospective purchaser agreement originally agreed to in 1994. The 1994 agreement, with the Montana Department of Environmental Quality on behalf of the State of Montana (the ``State''), Anaconda-Deer Lodge County, and the Old Works Golf Course Authority, Inc., (``Purchasers''), provided liability protection to the Purchasers in return for the implementation of certain institutional controls such as the Development Permit System, a county zoning system that regulates development in the county, and restrictive covenants limiting the use of certain properties affected by contamination, and also provided for the operation and maintenance of the Old Works Golf Course. The amended agreement, entitled Amendment to Agreement and Covenant Not to Sue, provides for the implementation of updated institutional controls, including an updated Development Permit System and modified restrictive covenants. Other work under the amended agreement includes updated operations and maintenance plans for the Old Works Golf Course, the Residential Attic Abatement Implementation Plan that provides for cleaning of attics, the Interior/Exterior Dust Program that provides for cleanup of contaminated dusts, and the Community Protective Measures Plan, an information program.
Air Plan Approval; Colorado; Serious Attainment Plan Elements and Related Revisions for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area
Document Number: 2022-24075
Type: Proposed Rule
Date: 2022-11-09
Agency: Environmental Protection Agency
On March 22, 2021, the State of Colorado submitted State Implementation Plan (SIP) revisions related to attainment of the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) for the Denver Metro/North Front Range (DMNFR) Serious nonattainment area by the applicable attainment date of July 20, 2021. The Environmental Protection Agency (EPA) proposes to approve the majority of the submittal, including base and future year emission inventories, a reasonable further progress (RFP) demonstration, a reasonably available control measures (RACM) analysis, a motor vehicle inspection and maintenance (I/M) program, a nonattainment new source review (NNSR) program, 2020 motor vehicle emissions budgets (MVEBs) and transportation controls, a clean fuel fleet program, and revisions to Colorado Air Quality Control Commission (Commission or AQCC) regulations for the control of ozone via ozone precursors and control of hydrocarbons via oil and gas emissions. The EPA is also proposing to approve portions of the reasonably available control technology (RACT) analyses and revisions from submissions made on May 13, 2020; May 18, 2021; and May 20, 2022. Finally, the EPA proposes to approve revisions from submissions made on May 14, 2018, May 13, 2020, and May 20, 2022 that were conditionally approved on May 13, 2022. This action is being taken in accordance with the Clean Air Act (CAA).
Delegation of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants for the States of Arizona and California
Document Number: 2022-23977
Type: Rule
Date: 2022-11-09
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action to approve updates to the Code of Federal Regulations delegation tables to reflect the current delegation status of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants in Arizona and California.
Information Collection Request Submitted to OMB for Review and Approval; Hazardous Waste Specific Unit Requirements, and Special Waste Processes and Types (Renewal)
Document Number: 2022-24454
Type: Notice
Date: 2022-11-09
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Hazardous Waste Specific Unit Requirements, and Special Waste Processes and Types (EPA ICR Number 1572.13, OMB Control Number 2050-0050) 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 November 30, 2022. Public comments were previously requested via the Federal Register on March 24, 2022 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.
Acetic Acid, 2-Ethylhexyl Ester; Exemption From the Requirement of a Tolerance
Document Number: 2022-23997
Type: Rule
Date: 2022-11-08
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of acetic acid, 2-ethylhexyl ester (CAS Reg. No. 103-09-3) when used as an inert ingredient (solvent/cosolvent) at a concentration not to exceed 50% in pesticide formulations applied to growing crops. SciReg, Inc., on behalf of Solvay USA Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of acetic acid, 2-ethylhexyl ester, when used in accordance with the terms of the exemption.
Nitric Acid; Exemption From the Requirement of a Tolerance
Document Number: 2022-23978
Type: Rule
Date: 2022-11-08
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of nitric acid (CAS Reg. No. 7697-37-2) when used as an inert ingredient (pH adjuster) applied to crops and raw agricultural commodities pre- and post-harvest, limited to no more than 10% by weight in the pesticide formulation. Technology Sciences Group, Inc. on behalf of Organisan Corporation, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of nitric acid when used in accordance with the terms of the exemption.
Pesticides; Addition of Chitosan (Including Chitosan Salts) to the List of Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products
Document Number: 2022-23682
Type: Rule
Date: 2022-11-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is adding a substance commonly referred to as chitosan (also known by its chemical name: poly-D-glucosamine) (CAS No. 9012-76-4) to the list of active ingredients eligible for use in minimum risk pesticide products exempt from registration and other requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In doing so, EPA is specifying that the listing also includes those chitosan salts that can be formed when chitosan is mixed with the acids that are listed as active or inert ingredients eligible for use in minimum risk pesticide products.
Approval and Promulgation of Implementation Plans; Colorado; Revisions to Colorado Code of Regulations; Regulation Number 3
Document Number: 2022-24076
Type: Proposed Rule
Date: 2022-11-07
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve revisions to Regulation Number 3 of the Colorado Code of Regulations (CCR) submitted to the EPA by the State of Colorado on March 22, 2021. These revisions reflect changes made by the State to update dates of incorporation by reference of sections of the Code of Federal Regulations (CFR) related to Global Warming Potentials (GWPs). The revisions also include updated references to other sections of the CCR that were previously moved to a new location as well as changes to Regulation 3 to reflect digitalization of public notice and comment procedures. The EPA is taking this action pursuant to the Clean Air Act (CAA).
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