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

The Environmental Protection Agency (EPA) is proposing to approve Washington State Implementation Plan (SIP) revisions submitted on August 10, 2022. The submitted revisions incorporate the most recent updates to Washington's Smoke Management Plan and reflect state legislative and regulatory changes. The revisions include earlier notification of burn decisions, revise the burn approval criteria to better align with state law, remove the prohibition against summer weekend burning; and allow previously prohibited burning in urban growth areas subject to an approval process that requires consideration of the impact of the approval on air quality. EPA is proposing to approve the revisions based our determination that the revisions are consistent with Clean Air Act requirements.

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.

Notice is hereby given that the Environmental Protection Agency (EPA) has posted on its website a draft guidance document titled, ``Draft Guidance on the Preparation of State Implementation Plan Provisions that Address the Nonattainment Area Contingency Measure Requirements for Ozone and Particulate Matter.'' The EPA invites the public to review and provide input on certain issues in its draft guidance document during the comment period specified in the DATES section. The issues for which EPA is seeking input are identified in sections 3, 4, and 5 of the draft guidance document.

The Environmental Protection Agency (EPA or ``Agency'') is seeking public nominations of scientific and technical experts that EPA can consider for service as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the ``2023 Draft Supplement to the 1,4-Dioxane Risk Evaluation.'' The draft supplement will be released for public review and comment in June of 2023. EPA is also planning to submit the draft supplement to the SACC for peer review and is scheduling a 4-day virtual public meeting for the SACC to consider and review the draft supplement in September of 2023.

In the Proposed Rules section of this Federal Register, EPA is proposing conditional approval of Michigan's State Implementation Plan (SIP), as revised on December 20, 2022, for attaining the 2010 1-hour primary sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Based on that proposed conditional approval, EPA is making an interim final determination (IFD) by this action. Although this action is effective upon publication, EPA will take comment on this interim final determination.

Notice is hereby given by the U.S. Environmental Protection Agency (EPA), Region 8, of a prospective lessee agreement between the United States, the State of South Dakota, Agnico Eagle Mines Limited, and Agnico Eagle (USA) Limited (collectively ``Agnico''), at the Gilt Edge Mine Superfund Site in Lawrence County, South Dakota (Agreement). The agreement provides that Agnico will perform a reuse assessment, including surface and subsurface sampling, and pay at least $2.5 million annually to cover the cost of water treatment and site operations at the Gilt Edge Mine Site during the pendency of the Agreement. In exchange, the United States and the State of South Dakota covenant not to sue Agnico for Existing Contamination, work (including subsurface and surface sampling) conducted by Agnico, and certain payments as defined in the agreement.

The EPA Science Advisory Board (SAB) Staff Office announces two public meetings of the Clean Air Scientific Advisory Committee (CASAC) Lead Panel. A public meeting will be held for the CASAC Lead Panel to receive a briefing from EPA on the Integrated Science Assessment (ISA) for the National Ambient Air Quality Standards for Lead (External Review Draft). A second public meeting will be held for the panel to peer review the ISA and to provide a consultation on the Integrated Review Plan (IRP) for Review of the National Ambient Air Quality Standards for Lead, Volume 3: Planning for Quantitative Exposure/Risk Analyses (External Review Draft).

The Environmental Protection Agency (EPA) seeks input on criteria to help align and ensure consistency across radon service provider credentialing programs operated by certification bodies and states. The criteria reflect stakeholder feedback received in response to a 2017 Federal Register Notice on the same subject and consideration of conformity assessment practices in place across the federal government. The EPA is soliciting comment on these criteria. The comments will inform development of the final version of the criteria.

The Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of certain TSCA submissions when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs), submitted to EPA under TSCA. This document presents statements of findings made by EPA on such submissions during the period from December 1, 2022, to December 31, 2022.

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Alabama State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by Alabama and approved by EPA. EPA is also notifying the public of corrections to the Code of Federal Regulations (CFR) tables that identify material incorporated by reference into the Alabama SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

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 2/1/ 2023 to 2/28/2023.

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its Good Neighbor Environmental Board. Approximately ten vacancies are expected to be filled by December 2023. For appointment consideration, nominations should be submitted by May 31, 2023. Sources in addition to this Federal Register Notice may also be utilized in the solicitation of nominees.

The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to its Ocean-Going Vessels At-Berth regulation (2020 At-Berth Amendments). By letter dated September 27, 2022, CARB asked that EPA authorize these amendments pursuant to section 209(e) of the Clean Air Act (CAA). CARB has also notified EPA that it has adopted amendments to its Commercial Harbor Craft regulation (2022 CHC Amendments). By letter dated January 31, 2023, CARB asked that EPA authorize these amendments pursuant to section 209(e) of the CAA. This notice announces that EPA may hold a public hearing to consider California's authorization requests for both the 2020 At-Berth Amendments and the 2022 CHC Amendments, and that EPA is now accepting written comment on the requests.

This regulation establishes an exemption from the requirement of a tolerance for residues of paraffin waxes and hydrocarbon waxes, carboxypolymethylene resin, and paraffin waxes and hydrocarbon, oxidized, lithium salts when used as inert ingredients (flow aid, surface protectant, binder, carrier, coating agent or adjuvant) on growing crops and raw agricultural commodities pre- and post-harvest, applied in/on animals, and in antimicrobial formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils. Spring Regulatory Sciences, on behalf of Sasol Chemicals (USA) LLC, 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 paraffin waxes and hydrocarbon waxes, carboxypolymethylene resin oxidized paraffin wax, and paraffin waxes and hydrocarbon, oxidized, lithium salts, when used in accordance with the terms of those exemptions.

The Environmental Protection Agency (EPA) Administrator signed an Order dated February 16, 2023, granting in part and denying in part a Petition dated August 8, 2022 from Cargill, Inc. The Petition requested that the EPA object to a Clean Air Act (CAA) title V operating permit issued by the Nebraska Department of Environment and Energy (NDEE) to Cargill, IncorporatedBlair Facility for its corn wet milling facility located in Blair, Washington County, Nebraska.

In accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 7, of a proposed settlement agreement (``Agreement'') with Environmental Quality Management, Inc. (``EQM'') for the Newton County Mine Tailings Superfund Site (``Site''), Newton County, Missouri.

Notice is hereby given that the Environmental Protection Agency (EPA) has determined that, in accordance with the provisions of the Federal Advisory Committee Act (FACA), the White House Environmental Justice Advisory Council (WHEJAC) is necessary and in the public interest in connection with the performance of duties imposed on the agency by law. Accordingly, WHEJAC will be renewed for an additional two-year period. The purpose of the WHEJAC is to provide independent advice and recommendations to the Chair of the Council on Environmental Quality (CEQ) and to the White House Environmental Justice Interagency Council (IAC) on how to increase the Federal Government's efforts to address current and historic environmental injustice. The WHEJAC will provide advice and recommendations about broad cross-cutting issues related, but not limited, to issues of environmental justice and pollution reduction, energy, climate change mitigation and resiliency, environmental health, and racial inequity. The WHEJAC's efforts will include a broad range of strategic, scientific, technological, regulatory, community engagement, and economic issues related to environmental justice.

This regulation establishes exemptions from the requirement of a tolerance for residues of Bacteriophage active against Pseudomonas syringae pv. syringae, Bacteriophage active against Xanthomonas arboricola pv. corylina, Bacteriophage active against Xanthomonas arboricola pv. juglandis, and Bacteriophage active against Xanthomonas arboricola pv. pruni, in or on all food commodities when used in accordance with label directions and good agricultural practices. OmniLytics, Inc. 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 Bacteriophage active against Pseudomonas syringae pv. syringae, Bacteriophage active against Xanthomonas arboricola pv. corylina, Bacteriophage active against Xanthomonas arboricola pv. juglandis, and Bacteriophage active against Xanthomonas arboricola pv. pruni under FFDCA when used in accordance with this exemption.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office is announcing public meetings of the Science Advisory Board Biosolids Panel. The purpose of the meetings is to receive a briefing from EPA, review and discuss charge questions, and peer review the EPA's biosolid risk assessment framework.

This regulation establishes exemptions from the requirement of a tolerance for residues of various fragrance components listed in Unit II of this document when used as inert ingredients in antimicrobial pesticide formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils when the end-use concentration does not exceed 100 parts per million (ppm). Innovative Reform Group, on behalf of The Clorox Company, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of exemptions from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of these various fragrance components, when used in accordance with the terms of the exemptions.

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 Jersey Department of Environmental Protection on November 18, 2021, for the 2008 national ambient air quality standard (NAAQS) for ozone (the Budgets), are adequate for transportation conformity purposes for the New Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT, 2008 8-hour ozone nonattainment area. This revision to the State Implementation Plan (SIP) included 2020 summer day VOC and NOX Budgets associated with the SIP's reasonable further progress demonstration.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Science Advisory Board Environmental Justice Screen (EJScreen) Review Panel. The purpose of the meeting is to receive a demonstration of the updated EPA's EJScreen mapping and screening tool from EPA's Office of Environmental Justice and External Civil Rights, review and discuss the charge questions. The panel will schedule a future public meeting in late Spring 2023 to peer review the EJScreen methodology and updated calculations for the EJ indexes released publicly in October 2022, as well as other aspects of the calculations. Additional information, materials, background, and meeting agendas for future activities will be posted on SAB's website at: https://sab.epa.gov.

In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), notice is hereby given that a proposed CERCLA Section 122(h)(1) Cashout Settlement Agreement for Ability to Pay Peripheral Parties (``Proposed Agreement'') associated with the Vermiculite Products Inc., Superfund Site in Houston, Harris County, Texas (``Site'') was executed by the Environmental Protection Agency (``EPA'') and is now subject to public comment, after which EPA may modify or withdraw its consent if comments received disclose facts or considerations that indicate that the Proposed Agreement is inappropriate, improper, or inadequate. The Proposed Agreement would resolve potential EPA claims under section 107(a) of CERCLA, against Greer Capital Corporation, James H. Greer, James H. Greer Interest Inc., Maxroy Property Company, Toledo Maxroy LL., and Vermiculite Products Inc., (``Settling Parties'') for EPA response costs at the Vermiculite Products Inc., Superfund Site located in Houston, Texas. The settlement is estimated to be $8,703,300 and was based on an Ability to Pay Analysis, which concluded the settling party shall make payment for EPA response costs. For thirty (30) days following the date of publication of this notice, EPA will receive electronic comments relating to the Proposed Agreement. EPA's response to any comments received will be available for public inspection by request. Please see the ADDRESSES section of this notice for special instructions in effect due to impacts related to the COVID-19 pandemic.

The U.S. Environmental Protection Agency (EPA) invites nominations of qualified candidates to be considered for three-year appointments to the National Drinking Water Advisory Council (NDWAC or Council). The 15-member Council was established by the Safe Drinking Water Act (SDWA) to provide independent advice, consultation, and recommendations to the EPA Administrator on matters relating to activities, functions, policies, and regulations under the SDWA. This notice solicits nominations to fill anticipated vacancies in 2023 with three-year appointments from December 2023 through December 2026. EPA may also consider nominations received through this solicitation to fill anticipated vacancies in 2024 and in the event of unanticipated vacancies on the Council. To enable EPA to maintain the membership required by statute, the Agency is seeking nominees who are from the general public; appropriate state and local agencies concerned with water hygiene and public water supply; and representatives of private organizations or groups demonstrating an active interest in the field of water hygiene and public water supply, including nominees associated with small, rural public water systems.