Environmental Protection Agency April 27, 2023 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to promulgate new GHG standards for heavy-duty highway vehicles starting in model year (MY) 2028 through MY 2032 and to revise certain GHG standards for MY 2027 that were established previously under EPA's Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and VehiclesPhase 2 rule (``HD GHG Phase 2''). This document proposes updates to discrete elements of the Averaging Banking and Trading program, including a proposal to eliminate the last MY year of the HD GHG Phase 2 advanced technology incentive program for certain types of electric highway heavy-duty vehicles. EPA is proposing to add warranty requirements for batteries and other components of zero-emission vehicles and to require customer-facing battery state-of- health monitors for plug-in hybrid and battery electric vehicles. In this document, we are also proposing additional revisions and clarifying and editorial amendments to certain highway heavy-duty vehicle provisions and certain test procedures for heavy-duty engines. Finally, as part of this action, EPA is proposing to revise its regulations addressing preemption of state regulation of new locomotives and new engines used in locomotives.

On July 6, 2020, the U.S. Environmental Protection Agency (EPA) finalized the residual risk and technology review (RTR) conducted for the Ethylene Production source category, which is part of the Generic Maximum Achievable Control Technology (GMACT) Standards National Emission Standards for Hazardous Air Pollutants (NESHAP); on July 7, 2020, the EPA finalized the RTR conducted for the Organic Liquids Distribution (Non-Gasoline) NESHAP; and on August 12, 2020, the EPA finalized the RTR conducted for the Miscellaneous Organic Chemical Manufacturing NESHAP. Amendments to the Petroleum Refineries NESHAP were most recently finalized on February 4, 2020. Subsequently, the EPA received and granted various petitions for reconsideration on these NESHAP for, among other things, the provisions related to the work practice standards for pressure relief devices (PRDs), emergency flaring, and degassing of floating roof storage vessels. In response to the petitions, the EPA is proposing amendments to the work practice standards for PRDs, emergency flaring, and degassing of floating roof storage vessels. In addition, the EPA is proposing other technical corrections and clarifications for each of the rules. The EPA will not respond to comments addressing any other issues or any other provisions of the final rule not specifically addressed in this proposed rulemaking.

On January 26, 2023, EPA received a petition from Blueland, Plastic Pollution Coalition, and partners, including Beyond Plastics, Plastic Oceans International, The Shaw Institute, Lonely Whale, 5 Gyres, Global Alliance for Incinerator Alternatives (GAIA), Oceanic Global Foundation, The Last Beach Cleanup, Rio Grande International Study Center, Inland Ocean Coalition, Occidental Arts and Ecology Center, Turtle Island Restoration Network, Friends of the Earth, Surfrider, and Made Safe. The petition requests under the Toxic Substances Control Act (TSCA) that EPA require manufacturers and processors of polyvinyl alcohol (PVA) affiliated with EPA's Safer Choice certification program to fund and conduct health and environmental safety testing using independent, third-party scientists. The petition also requests under the Administrative Procedure Act (APA) that EPA update the status of PVA on EPA's Safer Chemical Ingredients List (SCIL) from ``green circle'' to ``gray square'' until the testing is complete and reviewed by EPA. The Safer Choice program is a voluntary EPA program that certifies cleaning and other products made with ingredients that meet criteria for human health and the environment and manages these safer ingredients on the SCIL. After careful consideration, the EPA has denied the TSCA petition and APA petition requests for reasons discussed in this document.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), State Review Framework (EPA ICR Number 2185.08, OMB Control Number 2020-0031) 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 September 19, 2022, during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The California Air Resources Board (CARB) has notified EPA that is has adopted amendments to its Commercial Harbor Craft (CHC) regulation. By letter dated January 31, 2023, CARB asked that EPA authorize these amendments pursuant to section 209(e) of the Clean Air Act (CAA). On March 17, 2023, EPA announced an opportunity for public hearing and request for public comment on this request. In that Notice, EPA announced that it would only hold a virtual public hearing if a request for hearing was submitted and that the written comment period would close on May 1, 2023. EPA also announced that it would extend the written comment closure date in the event a virtual public hearing was requested and held. EPA has received multiple requests for a virtual public hearing, so therefore EPA is announcing the date of the virtual public hearing and the new comment deadline for CARB's request.\1\