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

The Environmental Protection Agency (EPA) is proposing to approve a revision to the El Dorado County Air Quality Management District (EDCAQMD) portion of the California State Implementation Plan (SIP). In this action, we are proposing to approve a rule submitted by the EDCAQMD governing the issuance of permits for stationary sources, focusing on the preconstruction review and permitting of major sources and major modifications under part D of title I of 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 announcing a 60- day public comment period for the draft document titled, ``Integrated Science Assessment for Lead (External Review Draft)''. This draft document was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA's Office of Research and Development (ORD) as part of the review of the primary (health-based) and secondary (welfare-based) Lead (Pb) National Ambient Air Quality Standards (NAAQS). It represents an update of the 2013 Integrated Science Assessment (ISA) for Lead (Pb) (EPA/600/R-10/075F). The ISA, in conjunction with additional technical and policy assessments, provides the scientific foundation for EPA's decisions on the adequacy of the current NAAQS and the appropriateness of possible alternative standards. EPA is releasing the draft ISA for Pb to seek review by the Clean Air Scientific Advisory Committee (CASAC) and input from the public. The date and location of a public meeting for the CASAC to discuss its review of this document will be specified in a separate Federal Register notice (FRN). The draft ISA is not final and does not represent, and should not be construed to represent, any final Agency policy or views. When revising the document, EPA will consider any public comments submitted during the public comment period specified in this notice.

Pursuant to the provisions of the Federal Advisory Committee Act, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held virtually and in-person on May 17 and 18, 2023 at the U.S. Environmental Protection Agency (EPA) Headquarters located at 1200 Pennsylvania Avenue NW, Washington, DC 20460. The CHPAC advises EPA on science, regulations and other issues relating to children's environmental health.

The Environmental Protection Agency (EPA) proposes to approve revisions to the Idaho State Implementation Plan (SIP) submitted by the State of Idaho (Idaho or the State) on December 29, 2022. The proposed revision, applicable in the Boise-Northern Ada County Carbon Monoxide area (Northern Ada County CO area) in Idaho, removes the Inspection and Maintenance (I/M) program, which was previously approved into the SIP for use as a control measure in the State's plan to address motor vehicle emissions in the nonattainment area. The SIP submission includes a demonstration that the requested revision will not interfere with attainment or maintenance of any national ambient air quality standard (NAAQS) or with any other applicable requirement of the Clean Air Act (CAA or Act). The EPA evaluated whether this SIP revision would interfere with the requirements of the CAA and is proposing to determine that Idaho's December 29, 2022, SIP revision is consistent with the applicable portions of the CAA.

The Environmental Protection Agency (EPA) is proposing to approve the ``Coso Junction PM10 Planning Area Second 10- Year Maintenance Plan'' (``Coso Junction Second Maintenance Plan'' or ``Plan'') as a revision to the state implementation plan (SIP) for the State of California. The Coso Junction Second Maintenance Plan includes, among other elements, a base year emissions inventory, a maintenance demonstration, and contingency provisions. The EPA is proposing this action because the SIP revision meets the applicable statutory and regulatory requirements for such plans. The EPA is also proposing to find the contribution of motor vehicles to the area's continued attainment of the 1987 PM10 standard to be insignificant and is initiating the adequacy review process for this insignificance finding through this Notice of Proposed Rule Making (NPRM). If this insignificance finding is finalized, the area would not have to complete a regional emissions analysis for any transportation conformity determinations necessary for the Coso Junction Planning Area (CJPA).

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Phosphate Rock Plants (EPA ICR Number 1078.13, OMB Control Number 2060-0111) 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.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Identification of Non-Hazardous Secondary Materials That Are Solid Waste (EPA ICR Number 2382.06, OMB Control Number 2050-0205) 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 28, 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), Emissions Certification and Compliance Requirements for Nonroad Compression-ignition Engines and On-highway Heavy Duty Engines (EPA ICR Number 1684.21, OMB Control No. 2060-0287) 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 January 27, 2023 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its Clean Air Act Advisory Committee (CAAAC). Vacancies are anticipated to be filled by August 2023. Sources in addition to this Federal Register notice may also be utilized in the solicitation of nominees. This notice extends the recruitment period to receive additional nominees.

This action promulgates corrections and updates to regulations for source testing of emissions under various rules. This final rule includes corrections to typographical and technical errors, updates to outdated procedures, and revisions to add clarity and consistency with other monitoring requirements. The revisions will improve the quality of data but will not impose new substantive requirements on source owners or operators.

The Environmental Protection Agency (EPA) is approving a revision to the Idaho State Implementation Plan (SIP) submitted on May 4, 2022. The submission updates the incorporation by reference of the national ambient air quality standards and related planning and monitoring requirements into the Idaho air quality rules as of July 1, 2021. Idaho undertakes such updates regularly to ensure the state air quality rules and the federally enforceable Idaho SIP remain consistent with EPA air quality regulations over time.

This document announces EPA's order for the cancellation, voluntarily requested by the registrant and accepted by the Agency, of the product listed in Table 1 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a May 6, 2022, Federal Register Notice of Receipt of Request from the registrant listed in Table 2 of Unit II, to voluntarily cancel this product registration. In the May 6, 2022, notice, EPA indicated that it would issue an order implementing the cancellation, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of the request, or unless the registrant withdrew their request. The Agency received a comment on the May document, but none merited its further review of the request. Further, the registrant did not withdraw their request. Accordingly, EPA hereby issues in this document a cancellation order granting the requested cancellation. Any distribution, sale, or use of the product subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds one site to the General Superfund section of the NPL.

The Environmental Protection Agency (EPA) is committed to using and advancing the best available science to tackle per- and polyfluoroalkyl substances (PFAS) pollution, protect public health, and harmonize policies that strengthen public health protections with infrastructure funding to help communities, especially disadvantaged communities, deliver safe drinking water. In March 2021, EPA issued a final regulatory determination to regulate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as contaminants under Safe Drinking Water Act (SDWA). In this notice, EPA is issuing a preliminary regulatory determination to regulate perfluorohexane sulfonic acid (PFHxS), hexafluoropropylene oxide dimer acid (HFPO-DA) and its ammonium salt (also known as a GenX chemicals), perfluorononanoic acid (PFNA), and perfluorobutane sulfonic acid (PFBS), and mixtures of these PFAS as contaminants under SDWA. Through this action, EPA is also proposing a National Primary Drinking Water Regulation (NPDWR) and health-based Maximum Contaminant Level Goals (MCLG) for these four PFAS and their mixtures as well as for PFOA and PFOS. EPA is proposing to set the health-based value, the MCLG, for PFOA and PFOS at zero. Considering feasibility, including currently available analytical methods to measure and treat these chemicals in drinking water, EPA is proposing individual MCLs of 4.0 nanograms per liter (ng/L) or parts per trillion (ppt) for PFOA and PFOS. EPA is proposing to use a Hazard Index (HI) approach to protecting public health from mixtures of PFHxS, HFPO-DA and its ammonium salt, PFNA, and PFBS because of their known and additive toxic effects and occurrence and likely co-occurrence in drinking water. EPA is proposing an HI of 1.0 as the MCLGs for these four PFAS and any mixture containing one or more of them because it represents a level at which no known or anticipated adverse effects on the health of persons is expected to occur and which allows for an adequate margin of safety. EPA has determined it is also feasible to set the MCLs for these four PFAS and for a mixture containing one or more of PFHxS, HFPO-DA and its ammonium salt, PFNA, PFBS as an HI of unitless 1.0. The Agency is requesting comment on this action, including this proposed NPDWR and MCLGs, and have identified specific areas where public input will be helpful for EPA in developing the final rule. In addition to seeking written input, the EPA will be holding a public hearing on May 4, 2023.

The Environmental Protection Agency (EPA or the Agency) is proposing a regulation to revise the technology-based effluent limitations guidelines and standards (ELGs) for the steam electric power generating point source category applicable to flue gas desulfurization (FGD) wastewater, bottom ash (BA) transport water, and combustion residual leachate (CRL) at existing sources. EPA is also soliciting comment on ELGs for legacy wastewater. This proposal is estimated to cost $200 million dollars annually in social costs and reduce pollutant discharges by approximately 584 million pounds per year.

The Environmental Protection Agency (EPA) is notifying the public that we have found motor vehicle emissions budgets (``budgets'') for the Coachella Valley adequate for transportation conformity purposes. Specifically, our finding relates to budgets in the ``Request to Reclassify Coachella Valley for the 2008 8-hour Ozone Standard and the Updated Motor Vehicle Emission Budgets'' (``Coachella Valley Extreme RFP Plan''), submitted to the EPA for inclusion in the California state implementation plan (SIP) by the California Air Resources Board (CARB) on December 7, 2022. Upon the effective date of this notice of adequacy, the Southern California Association of Governments (SCAG) and the U.S. Department of Transportation must use these budgets in future transportation conformity analyses.

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.

The Safer Choice program in the Environmental Protection Agency (EPA) is accepting submissions for its 2023 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 have shown achievement in the design, manufacture, selection, and use of products with safer chemicals, that further outstanding or innovative source reduction. Similar achievement in the design, manufacture, selection, and use of Design for the Environment (DfE) -certified products will also make an organization eligible for the Partner of the Year Awards. 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, improves drinking water quality, or advances innovation in packaging.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Implementation of Title I of the Marine Protection, Research, and Sanctuaries Act (EPA ICR Number 0824.08, OMB Control Number 2040-0008) 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 13, 2022 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) is proposing a limited approval and limited disapproval of revisions to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NOX) from industrial, institutional, and commercial boilers, steam generators, and process heaters. We are proposing a limited approval of a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act) because the rule would strengthen the current SIP-approved version of MDAQMD's rule. We are proposing a limited disapproval of this revision because it is inconsistent with the EPA's startup, shutdown, and malfunction (SSM) policy and Credible Evidence Rules. We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Prepared Feeds Manufacturing (EPA ICR Number 2354.06, OMB Control Number 2060-0635) 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.

The Environmental Protection Agency (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 Ozone Policy Assessment (PA).

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), ``Disinfectants/Disinfection Byproducts, Chemical, and Radionuclides Rules'' (EPA ICR Number 1896.12, OMB Control Number 2040-0204) 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 December 15, 2021 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 Steel Plants: Electric Arc Furnaces and Argon Oxygen Decarburization Vessels (EPA ICR Number 1060.20, OMB Control Number 2060-0038), 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 April 8, 2022 during a 60-day comment period. This notice allows for an additional 30 days for public comments.