Environmental Protection Agency February 2023 – Federal Register Recent Federal Regulation Documents

This regulation establishes an exemption from the requirement of a tolerance for residues of propanoic acid, 3-hydroxy- (hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol, [alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)] , 5- isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and methyloxirane polymer with oxirane ether with 4,4'-(1- methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol 2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1- propanol (IN-11729) when used as an inert ingredient in a pesticide chemical formulation. Nouryon Surface Chemistry LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of propanoic acid, 3-hydroxy-(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol, [alpha]-hydro-[omega]- hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1- (isocyanatomethyl)-1,3,3-trimethylcyclohexane and methyloxirane polymer with oxirane ether with 4,4'-(1-methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol 2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-propanol on food or feed commodities when used in accordance with these exemptions.

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, methyl-, polymer with butyl 2-propenoate and methyl 2-methyl-2-propenoate compd. with 2- amino-2-methyl-1-propanol when used as an inert ingredient in a pesticide chemical formulation. Nouryon Chemicals LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-propenoic acid, methyl-, polymer with butyl 2- propenoate and methyl 2-methyl-2-propenoate compd. with 2-amino-2- methyl-1-propanol on food or feed commodities when used in accordance with these exemptions.

The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act (CAA), a State Implementation Plan (SIP) revision submitted by the Ohio Environmental Protection Agency (Ohio EPA) on September 7, 2022. Ohio EPA requests that EPA approve revised volatile organic compounds (VOCs) control rules under Chapter 3745-112 of the Ohio Administrative Code (OAC) into Ohio's SIP. The revised rules will reduce emissions that contribute to ozone formation and assist with efforts to achieve and maintain the 2015 ozone National Ambient Air Quality Standard (NAAQS). EPA finds that these rules are approvable because they are SIP strengthening measures.

The Environmental Protection Agency (EPA) is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR) trading programs. EPA has completed preliminary calculations for the allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2022 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA will consider timely objections to the preliminary calculations (including objections concerning the identification of units eligible for allocations) before determining the final amounts of the allocations.

The Environmental Protection Agency (EPA) is proposing to update the current ozone absorption cross-section to the recommended consensus-based cross-section value of 1.1329x10-\17\ cm\2\ molecule-\1\ or 304.39 atm-\1\ cm-\1\, with an uncertainty of 0.94 atm-\1\ cm-\1\. The new value is 1.2% lower than the current value of 308 atm-\1\ cm-\1\, and reduces the uncertainty in the value to 0.31%. The adoption of this updated ozone absorption cross-section could result in increases in measured ozone concentrations but given the existing sources of potential variability in monitoring data, it is unlikely that there would be any consistent measurable and predictable effect on reported data. The EPA is also proposing to update the dates of publication for two references, add a new reference for the updated cross-section value, and move the figures inadvertently placed in Section 6.0 References to a new Section 7.0 Figures.

The Environmental Protection Agency has submitted an information collection request (ICR), ``Environmental Impact Assessment of Nongovernmental Activities in Antarctica (Renewal)'' (EPA ICR No. 1808.10, OMB Control No. 2020-0007) 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, 2023. Public comments were previously requested via the Federal Register on August 30, 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.

The Environmental Protection Agency has submitted an information collection request (ICR), Tips and Complaints Regarding Environmental Violations (Renewal) (EPA ICR Number 2219.07, OMB Control Number 2020-0032), 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 February 28, 2023. Public comments were previously requested via the Federal Register on June 13, 2022 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Sewage Sludge Treatment Plants (EPA ICR Number 1063.15, OMB Control Number 2060-0035), 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, 2023. Public comments were previously requested via the Federal Register on July 22, 2022 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

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.

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.

This action finalizes the results of the Environmental Protection Agency's (EPA's) review of the New Source Performance Standards (NSPS) for Lead Acid Battery Manufacturing Plants and the technology review for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Lead Acid Battery Manufacturing Area Sources as required under the Clean Air Act (CAA). The EPA is finalizing revised lead emission limits for grid casting, paste mixing, and lead reclamation operations for both the area source NESHAP and under a new NSPS subpart (for lead acid battery manufacturing facilities that begin construction, reconstruction, or modification after February 23, 2022). In addition, the EPA is finalizing the following amendments for both the area source NESHAP and under the new NSPS subpart: performance testing once every 5 years to demonstrate compliance; work practices to minimize emissions of fugitive lead dust; increased inspection frequency of fabric filters; clarification of activities that are considered to be lead reclamation activities; electronic reporting of performance test results and semiannual compliance reports; and the removal of exemptions for periods of startup, shutdown, and malfunctions (SSM). The EPA is also finalizing a revision to the applicability provisions in the area source NESHAP such that facilities which make lead-bearing battery parts or process input material, including but not limited to grid casting facilities and lead oxide manufacturing facilities, will be subject to the area source NESHAP. In addition, the EPA is finalizing a requirement in the new NSPS for new facilities to operate bag leak detection systems for emission points controlled by a fabric filter that do not include a secondary fabric filter.

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.

The Environmental Protection Agency (EPA) announces the deletion of one site and the partial deletion of two sites from the Superfund National Priorities List (NPL). The NPL, created under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the states, through their designated state agencies, have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) is finalizing guidance on petitions for a No Migration Variance (NMV) under the Land Disposal Restrictions (LDRs) pursuant to the Resource Conservation and Recovery Act (RCRA) for persons applying for a NMV for a waste pile temporarily located within a RCRA-permitted Subtitle C landfill cell. EPA solicited public comments on a draft of this guidance on January 19, 2021 (86 FR 5190). The public comment period ended February 18, 2021. EPA received nine (9) comments on the draft guidance. EPA appreciates the comments. The Agency carefully considered all of the points raised and has concluded that the comments do not provide reason for EPA to modify the guidance as it was proposed. Accordingly, EPA is finalizing the guidance without alteration. The guidance and the Agency's response to these comments are located in the Docket (EPA-HQ-OLEM-2020-0689).

The Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) revision which Illinois submitted to EPA on December 31, 2018, for attaining the 1-hour sulfur dioxide (SO2) primary national ambient air quality standard (NAAQS) for the Alton Township nonattainment area in Madison County. This plan (herein called a ``nonattainment plan'') includes Illinois' attainment demonstration and other elements required under the Clean Air Act (CAA), including the requirement for meeting reasonable further progress (RFP) toward attainment of the NAAQS, reasonably available control measures and reasonably available control technology (RACM/ RACT), base-year and projection-year emission inventories, enforceable emission limitations and control measures, nonattainment new source review (NNSR), and contingency measures. EPA is approving Illinois' submission as a SIP revision for attaining the 2010 1-hour primary SO2 NAAQS in the Alton township nonattainment area, finding that Illinois has adequately demonstrated that the plan provisions provide for attainment of the NAAQS in the nonattainment area and that the plan meets the other applicable requirements under the CAA. EPA proposed to approve this action on December 30, 2022, and received no comments.

The Environmental Protection Agency (EPA)is approving revisions to the State Implementation Plan (SIP) for Wisconsin and revisions to the title V Operating Permit Program for Wisconsin. The revisions incorporate changes to the definition of ``chemical process plants'' under Wisconsin's Prevention of Significant Deterioration (PSD) and title V Operating Permit Programs. The changes to the state rules are consistent with EPA regulations governing state PSD and title V programs and will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171 of the Clean Air Act (CAA)), or any other applicable requirement of the CAA. EPA proposed to approve this action on December 1, 2022, and received no adverse comments.

The Environmental Protection Agency (EPA) is proposing changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under EPA's National Pollutant Discharge Elimination System (NPDES) permit program. The Clean Water Act (CWA) requires EPA to promulgate these test procedures (analytical methods) for analysis of pollutants. EPA anticipates that these proposed changes would provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this proposed update to the CWA methods would incorporate technological advances in analytical technology and make a series of minor changes and corrections to existing approved methods. As such, EPA expects that there would be no negative economic impacts resulting from these proposed changes.

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 1/1/ 2023 to 1/31/2023.

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Ambient Air Quality Surveillance (Renewal)'' (EPA ICR No. 0940.30, OMB Control No. 2060- 0084) 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 proposed extension of the ICR, which is currently approved through July 31, 2023. 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 a tolerance for residues of penthiopyrad in or on banana. Interregional Research Project Number 4, IR-4, requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Environmental Integrity Project and Sierra Club v. Regan, No. 1:22-cv-3063 (D.D.C.). On October 10, 2022, Plaintiffs Environmental Integrity Project and Sierra Club filed a complaint in the United States District Court for the District of Columbia. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non- discretionary duties in accordance with the Act to take final action with respect to a state implementation plan (SIP) revision submitted by the Texas Commission on Environmental Quality (TCEQ). The proposed consent decree would establish a deadline for EPA to sign a notice of final rulemaking.

The Environmental Protection Agency is planning to submit an information collection request (ICR) ``Filter Adoption Survey'' (EPA ICR No. 2615.02, OMB Control No. 2008-0003) 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 proposed extension of the ICR which is currently set to expire on 9/30/23. 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) proposes to approve a revision to the Idaho State Implementation Plan submitted on August 9, 2022. The State of Idaho made the submission to meet the state board composition requirements of the Clean Air Act.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the California State Implementation Plan (SIP) consisting of State rules intended to reduce particulate matter (PM) and oxides of nitrogen (NOX) emissions from public transit buses. The EPA is approving the SIP revision because the regulations meet the applicable requirements of the Clean Air Act. Approval of the regulations as part of the California SIP makes them federally enforceable.