Environmental Protection Agency 2022 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is finalizing a rule to codify the definition of ``parent company'' for purposes of reporting to the Toxics Release Inventory (TRI) and to require the reporting of a foreign parent company when applicable. The existing regulation requires facilities reporting to TRI to identify their parent company in annual reporting forms. This rule adds a codified definition of this data element. Among the facilities reporting to TRI are those with complicated corporate ownership structures. As such, effort is required each year by reporting facilities and EPA to clarify how the parent company data element should be represented on the form. A codified definition of parent company will allow EPA to address various corporate ownership scenarios explicitly and will reduce the reporting burden caused by regulatory uncertainty. This rule clarifies existing requirements to reporting facilities and adds a foreign parent company data element, while improving the Agency's data quality.

The Environmental Protection Agency (EPA or ``Agency'') is determining that the Imperial County nonattainment area would have attained the 2015 ozone national ambient air quality standard (NAAQS) by the August 3, 2021 ``Marginal'' area attainment date, but for emissions emanating from outside the United States. As a result of this final action, the Imperial County nonattainment area will no longer be subject to the Clean Air Act (CAA) requirements pertaining to reclassification upon failure to attain and therefore will remain classified as a Marginal nonattainment area for the 2015 ozone NAAQS. This action discharges the EPA's statutory obligation to determine whether the Imperial County ozone nonattainment area attained the NAAQS by the attainment date.

The Environmental Protection Agency (EPA) is finalizing a determination that the Nevada County (Western part) and Ventura County areas in California, both classified as Serious for the 2008 ozone National Ambient Air Quality Standards (NAAQS), attained the 2008 ozone NAAQS by the July 20, 2021 attainment date. The EPA is also finalizing a determination that six areas in California classified as Marginal for the 2015 ozone NAAQS, attained the 2015 ozone NAAQS by the August 3, 2021 attainment date. These six areas are: Butte County, Calaveras County, San Luis Obispo (Eastern part), Sutter Buttes, Tuolumne County, and Tuscan Buttes. Our final determination of attainment is based on the exclusion of exceedances of the 2008 and 2015 ozone NAAQS that occurred on multiple days in 2018 and 2020, because the exceedances were due to exceptional events. We are also finalizing our determination that the requirement for the State to have contingency measures for Reasonable Further Progress (RFP) and attainment for the 2008 ozone NAAQS for the Nevada County (Western part) and Ventura nonattainment areas will no longer apply, because the contingency measures will never be needed given the attainment of the NAAQS by the attainment date. This action fulfills the EPA's statutory obligation to determine whether these ozone nonattainment areas attained the NAAQS by the relevant attainment dates.

The Environmental Protection Agency (EPA) is announcing a 60- day public comment period associated with release of the draft Integrated Risk Information System (IRIS) Toxicological Review of Hexavalent Chromium. The draft document was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA's Office of Research and Development (ORD). EPA is releasing this draft IRIS assessment for public comment in advance of a Science Advisory Board (SAB) led peer review. SAB will convene a public meeting to discuss the draft report with the public during Step 4 of the IRIS Process. The external peer reviewers will consider public comments submitted to the EPA docket in response to this notice and any others provided at the public meeting when reviewing this document. EPA will consider all comments submitted to the docket when revising the document post-peer review. This draft assessment is not final as described in EPA's information quality guidelines, and it does not represent, and should not be construed to represent Agency policy or views.

The Environmental Protection Agency (EPA) is proposing to update 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 (CAA). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which Maryland is the designated COA. The State of Maryland's requirements discussed in this document are proposed to be incorporated by reference into the Code of Federal Regulations (CFR) and listed in the appendix to the OCS air regulations.

Pursuant to the Federal Advisory Committee Act (FACA), EPA hereby provides notice of a meeting for the Local Government Advisory Committee's (LGAC) Small Communities Advisory Subcommittee (SCAS) on the date and times described below. This meeting will be open to the public. For information on public attendance and participation, please see the registration information under SUPPLEMENTARY INFORMATION.

The EPA is proposing to grant authorization to the State of North Dakota for changes to its hazardous waste program under the Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and is authorizing the State's changes through a direct final action, with the exception of Revision Checklist 241.

The Environmental Protection Agency (EPA) is approving portions of revisions to the State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ), on September 18, 2009, and July 10, 2019. These revisions modify two different sections of the North Carolina SIP which (1) exclude certain categories of facilities from title V permitting requirements by imposing limitations on their potential emissions (Section 2Q .0800, ``Exclusionary Rules''), and (2) exclude certain categories of facilities from the SIP's permitting requirements by imposing limitations on their potential emissions (Section 2Q .0900, ``Permit Exemptions''). EPA is approving these revisions pursuant to the Clean Air Act (CAA or Act).

The Commonwealth of Virginia has applied to Environmental Protection Agency (EPA) for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). By this action, EPA proposes to grant final authorization to Virginia. In the ``Rules and Regulations'' section of this issue of the Federal Register, EPA is authorizing the revisions by a direct final rule. EPA did not make a proposal prior to the direct final rule because EPA believes this action is not controversial and does not expect comments that oppose it. EPA has explained the reasons for this authorization in the preamble to the direct final rule. Unless EPA receives written adverse comments pertaining to this State revision during the comment period, the direct final rule will become effective on the date it establishes, and EPA will not take further action on this proposed rulemaking. However, if EPA receives adverse comments pertaining to this State revision, EPA will publish a timely withdrawal in the Federal Register and the direct final rule will not take effect. EPA will then respond to public comments in a later final rule based on this proposed rulemaking. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

In this action, the Administrator is proposing to find that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of section 231(a) of the Clean Air Act. The Administrator is also proposing to find that engine emissions of lead from certain aircraft cause or contribute to the lead air pollution that may reasonably be anticipated to endanger public health and welfare under section 231(a) of the Clean Air Act.

This Notice of Data Availability (NODA) is to alert stakeholders of information from the U.S. Environmental Protection Agency (EPA) regarding the United States' hydrofluorocarbon reclamation market and to solicit stakeholder input. The Agency is making available a draft report, Analysis of the U.S. Hydrofluorocarbon Reclamation Market: Stakeholders, Drivers, and Practices, which analyzes the United States' hydrofluorocarbon reclamation market and describes the reclamation process, factors affecting costs of reclamation, incentives, and barriers to refrigerant reclamation. The Agency is providing this information in preparation for an upcoming regulatory action which EPA intends to propose under subsection (h) of the American Innovation and Manufacturing Act of 2020. The notice identifies possible data gaps and requests comment on areas where additional information could improve the Agency's information on the United States hydrofluorocarbon reclamation market and practices. The Agency is also providing notice of a stakeholder meeting to enable stakeholders to provide input as the Agency prepares to engage in rulemaking.

This notice announces the Environmental Protection Agency's (EPA) approval of the Maine Department of Environmental Protection (ME DEP) request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the California State Implementation Plan (SIP) concerning particulate matter (PM) and oxides of nitrogen (NOX) emissions from public transit buses. We are proposing to approve State rules that 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.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), on November 4, 2016. This revision was submitted by South Carolina in response to a finding of substantial inadequacy and SIP call published by EPA on June 12, 2015, of provisions in the South Carolina SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is approving the SIP revision and finds that the revision corrects the deficiencies identified in the June 12, 2015, SIP call. EPA is also approving portions of multiple SIP revisions previously submitted by SC DHEC on October 1, 2007, July 18, 2011, August 8, 2014, and August 12, 2015, as they relate to the provisions identified in the June 12, 2015, SIP call.

This regulation establishes an exemption from the requirement of a tolerance for residues of dimethyl sulfoxide (CAS Reg. No. 67-68- 5) when used as an inert ingredient (solvent, co-solvent), in pesticide formulations for pre-harvest applications, including post-emergence use. Exponent, Inc., on behalf of Gaylord Chemical Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an amendment to an existing tolerance exemption. This regulation eliminates the need to establish a maximum permissible level for residues of dimethyl sulfoxide for pre-harvest applications.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision, submitted by North Carolina on April 13, 2021. Specifically, EPA is proposing to approve updates to the incorporation by reference of federal new source review (NSR) regulations and federal guidelines on air quality modeling in the North Carolina SIP. Based on its proposal to approve this revision, EPA is also proposing to convert the previous conditional approval regarding infrastructure SIP prevention of significant deterioration (PSD) elements for the 2015 Ozone National Ambient Air Quality Standard (NAAQS) for North Carolina to a full approval. EPA is also proposing to approve additional updates to North Carolina's NSR regulations to better align them with the federal rules. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is proposing to approve certain portions of a state implementation plan (SIP) revision submitted by the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC), on November 22, 2016. The revision was submitted by Delaware in response to a national finding of substantial inadequacy and SIP call published on June 12, 2015, which included certain provisions in the Delaware SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is proposing to approve two specific provisions of the submitted SIP revision and proposing to determine that such SIP revision corrects some of the deficiencies in Delaware's SIP identified in the June 12, 2015, SIP call. EPA plans to act on the remainder of the SIP revision in a separate action or actions.

The Environmental Protection Agency (EPA) is promulgating a Federal Implementation Plan (FIP) for attaining the 2010 sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS) for the Detroit SO2 nonattainment area. The FIP includes an attainment demonstration and other elements required under the Clean Air Act (CAA). In addition to an attainment demonstration, the FIP addresses the requirement for meeting reasonable further progress (RFP) toward attainment of the NAAQS, reasonably available control measures and reasonably available control technology (RACM/RACT), enforceable emission limitations and control measures to provide for NAAQS attainment, and contingency measures. This action supplements a prior action which found that Michigan had satisfied emission inventory and nonattainment new source review (NSR) requirements for this area but had not met requirements for the elements addressed in the FIP. The FIP provides for attainment of the 2010 primary SO2 NAAQS in the Detroit SO2 nonattainment area and meets the other applicable requirements under the CAA.

The Environmental Protection Agency (EPA), Office of Research and Development (ORD), gives notice of virtual meetings of the Board of Scientific Counselors (BOSC) panel review of the New Chemicals Collaborative Research Program.

On January 5, 2021, the United States Court of Appeals for the Tenth Circuit granted the Environmental Protection Agency's (EPA) motion for a voluntary remand without vacatur of two parts of an EPA 2020 final rule approving Colorado's infrastructure state implementation plan (SIP) submission for the 2015 8-hour ozone national ambient air quality standards (NAAQS) (2020 final rule). In this document, EPA is taking final action to approve those two remanded parts of the 2020 final rule. First, EPA is finalizing our conclusion that Colorado's infrastructure SIP submission meets the State's good neighbor obligations under Clean Air Act (CAA) section 110(a)(2)(D)(i)(I). Lastly, EPA is also finalizing our conclusion that Colorado's infrastructure SIP submission provided ``necessary assurances'' of the State's authority to regulate agricultural sources under CAA section 110(a)(2)(E)(i). EPA is taking this action pursuant to the CAA.

The Environmental Protection Agency (EPA) is approving a portion of a State Implementation Plan (SIP) revision to the Mecklenburg County portion of the North Carolina SIP, hereinafter referred to as the Mecklenburg County Local Implementation Plan (LIP). The revision was submitted through the North Carolina Division of Air Quality (NCDAQ), on behalf of Mecklenburg County Air Quality (MCAQ), via a letter dated April 24, 2020, which was received by EPA on June 19, 2020. This SIP revision includes changes to Mecklenburg County Air Pollution Control Ordinance (MCAPCO) rules incorporated into the LIP regarding Prevention of Significant Deterioration (PSD) permitting to address changes to the Federal new source review (NSR) regulations in recent years. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is making a determination that the St. Bernard Parish sulfur dioxide (SO2) nonattainment area (``St. Bernard area'' or ``area'') failed to attain the primary 2010 one-hour SO2 national ambient air quality standard (NAAQS) under the Clean Air Act (CAA or the Act) by the applicable attainment date of October 4, 2018. This determination is based upon consideration of and review of all relevant and available information for the St. Bernard area leading up to the area's attainment date of October 4, 2018, including emissions and monitoring data, compliance records for the area's primary SO2 source, the Rain CII Carbon, LLC (Rain) facility, and air quality dispersion modeling based on the allowable limits.

On December 29, 2021, the Environmental Protection Agency (EPA or ``Agency'') published a proposed rule to approve the State of California's Serious area plan for the San Joaquin Valley (SJV) for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) for all Serious PM2.5 area planning requirements, except for contingency measures, which the EPA proposed to disapprove. Based on adverse comments submitted on that proposed rule and as a result of a Ninth Circuit Court of Appeals decision on a related SJV PM2.5 rulemaking for the 2006 24- hour PM2.5 NAAQS, the EPA has reconsidered its prior proposal and now proposes to disapprove the State's plan for certain Serious area planning requirements for the 2012 annual PM2.5 NAAQS. The nonattainment plan elements that the EPA proposes to disapprove include the plan's best available control measures (BACM) demonstration for ammonia and building heating, demonstrations of attainment and reasonable further progress, quantitative milestones, and motor vehicle emission budgets. The EPA is also proposing to disapprove the State's optional precursor demonstration for ammonia. We are not re-proposing any action on the Serious area requirements for emissions inventories nor contingency measures; our prior proposal to approve the emissions inventory element and to disapprove the contingency measure element of the nonattainment plan requirements for the 2012 annual PM2.5 NAAQS remains unchanged. The EPA will accept comments on this new proposed rule during a 45-day public comment period and public hearing, as described in this notice.

Through this Request for Information (RFI), the Environmental Protection Agency (EPA) seeks to promote and advance the widespread adoption of actions that lead to improvements in indoor air quality (IAQ) in the nation's building stock to help mitigate disease transmission (e.g., COVID-19). The agency is announcing a 60-day public comment period to solicit information and recommendations from a broad array of individuals and organizations with knowledge and expertise relating to the built environment and health, indoor air quality, epidemiology, disease transmission, social sciences and other disciplines. EPA will analyze information received from this RFI to consider and support the potential development, improvement, and implementation of technical assistance efforts (e.g., information, tools, training, guidance) and other strategies (e.g., incentives, recognition efforts) to support IAQ related improvements in the nation's building stock, with a particular emphasis on schools and commercial buildings.

The EPA Science Advisory Board (SAB) Staff Office announces a public meeting of the Chartered Clean Air Scientific Advisory Committee (CASAC) and CASAC Ozone Review Panel to discuss a draft CASAC report on EPA's 2020 Ozone Integrated Science Assessment (ISA).