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

On or about May 31, 2023, the Environmental Protection Agency (EPA) will make available for public comment the draft document, Draft Policy Assessment for the Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen, Oxides of Sulfur and Particulate MatterExternal Review Draft (PA). This draft document was prepared as a part of the current review of the Secondary National Ambient Air Quality Standards (NAAQS) for Oxides of Nitrogen, Oxides of Sulfur and Particulate Matter. When final, the PA serves to ``bridge the gap'' between the currently available scientific and technical information and the judgments required of the Administrator in determining whether to retain or revise the existing secondary NO2, SO2 and PM NAAQS. The secondary NAAQS for oxides of nitrogen, oxides of sulfur and particulate matter are set to protect the public welfare from known or anticipated effects of these pollutants in the ambient air.

The Environmental Protection Agency (EPA) is exempting a class of plant-incorporated protectants (PIPs) that have been created using genetic engineering from certain registration requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and from the requirements to establish a tolerance or tolerance exemption for residues of these substances on food or feed under the Federal Food, Drug, and Cosmetic Act (FFDCA). Specifically, EPA is finalizing its exemptions as described in its October 2020 proposal for PIPs now termed ``PIPs created through genetic engineering from a sexually compatible plant'' and ``loss-of-function PIPs,'' finalizing the process through which the Agency determines their eligibility for exemption, and finalizing the associated recordkeeping requirements. This set of exemptions reflects the biotechnological advances made since 2001, when EPA first exempted PIPs derived through conventional breeding and excluded from the exemptions those PIPs that are created through biotechnology. EPA anticipates that today's exemptions will benefit the public by ensuring that human health and the environment are adequately protected, while also reducing the regulatory burden for the regulated community. These exemptions may also result in increased research and development activities, commercialization of new pest control options for farmers, particularly in minor crops, and increase the diversity of options for pest and disease management, which could provide environmental benefits.

The Environmental Protection Agency (EPA) is approving, as a revision to the Illinois State Implementation Plan (SIP), the state's plan for maintaining the 1997 ozone National Ambient Air Quality Standard (NAAQS or standard) through 2032 in St. Louis, MO-IL area. The original St. Louis nonattainment area for the 1997 ozone standard included Jersey, Madison, Monroe and St. Clair Counties in Illinois and Franklin, Jefferson, St. Charles and St. Louis Counties and St. Louis City in Missouri. The SIP, submitted by the Illinois Environmental Protection Agency (IEPA) on August 24, 2022, addresses the second maintenance plan required for Jersey County, Illinois. EPA proposed to approve this action on March 14, 2023 and received no adverse comments.

The Environmental Protection Agency is planning to submit an information collection request (ICR). ``Recordkeeping and Reporting Requirements for Fuels Regulatory Streamlining (EPA ICR No. 2607.03, OMB Control No. 2060-0731) 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 January 31, 2024. 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 United States Environmental Protection Agency (EPA) is proposing amendments to the new chemicals procedural regulations under the Toxic Substances Control Act (TSCA). These amendments are intended to align the regulatory text with the amendments to TSCA's new chemicals review provisions contained in the Frank R. Lautenberg Chemical Safety for the 21st Century Act, enacted on June 22, 2016, improve the efficiency of EPA's review processes, and update the regulations based on existing policies and experience implementing the New Chemicals Program. The proposal includes amendments that would reduce the need to redo all or part of the risk assessment by improving information initially submitted in new chemicals notices, which should also help reduce the length of time that new chemicals notices are under review. EPA is also proposing several amendments to the regulations for low volume exemptions (LVEs) and low release and exposure exemptions (LoREXs), which include requiring EPA approval of an exemption notice prior to commencement of manufacture, making per- and polyfluoroalkyl substances (PFAS) categorically ineligible for these exemptions, and providing that certain persistent, bioaccumulative, toxic (PBT) chemical substances are ineligible for these exemptions, consistent with EPA's 1999 PBT policy.

Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency is proposing to enter into forty-nine Individual settlements with fifty-three parties concerning the Bennett Landfill Fire Site located in Chester, South Carolina. The proposed settlements address recovery of CERCLA costs for a cleanup that was performed at the Site and costs incurred by EPA. The individual proposed settlements are as follows: Rock Hill School District 3, CERCLA-04-2023-2506(b); Carlisle Finishing LLC, CERCLA-04-2022-2506(b); Dominion Energy South Carolina, Inc. f/k/a South Carolina Electric & Gas Company, CERCLA-04-2022-2512(b); Signet Mills, Inc. f/k/a Green Textile Associates, Inc., CERCLA-04-2022- 2513(b); AstenJohnson, Inc., CERCLA-04-2022-2508; Hexion Inc., CERCLA- 04-2022-2515(b); Target Contractors, LLC, CERCLA-04-2022-2517(b); Inman-Campobello Water District, CERCLA-04-2022-2523(b); Laurens County School District #56, CERCLA-04-2022-2520(b); McLeod Medical Center Dillon, CERCLA-04-2022-2519(b); Michelin North America, Inc., CERCLA- 04-2022-2521(b); Anderson County, South Carolina, CERCLA-04-2022-2511; Aiken County, South Carolina, CERCLA-04-2022-2510; Anderson County School District 5, CERCLA-04-2023-2500(b); Boulevard Baptist Church of Anderson, Inc., CERCLA-04-2023-2501(b); Owens Corning, CERCLA-04-2023- 2502(b); School District of Pickens County, CERCLA-04-2023-2503(b); Midland Industries, LLC f/k/a Midland Capital Corp. CERCLA-04-2022- 2522(b); Milliken & Company, CERCLA-04-2022-2524(b); Mohawk Industries, Inc., CERCLA-04-2022-2525(b); Richloom Fabrics Group, Inc., CERCLA- 042023-2504(b); South Carolina School for the Deaf and the Blind, CERCLA-04-2023-2508(b); Self Regional Healthcare, CERCLA-04-2023- 2509(b); SERRUS Real Estate Fund II, LLC and SERRUS Capital Partners, Inc., CERCLA-04-2023-2510(b); Snyder Investments, Inc. and Snyder Electric Company, Inc., CERCLA-04-2023-2515(b); South Carolina Regional Housing Authority No. 1, CERCLA-04-2023-2516(b); Spartanburg County, CERCLA-04-2023-2517(b); Spartanburg District Five Schools, CERCLA-04- 2023-2519(b); The Timken Company, CERCLA-04-2023-2518(b); Tri-County Technical College, CERCLA-04-2023-2511(b); Trinity United Methodist Church of Enoree, SC, CERCLA-04-2023-2512(b); Wells Fargo Bank, N.A., CERCLA-04-2023-2513(b); Wofford College, CERCLA-04-2023-2514(b); BASF Corporation, CERCLA-04-2022-2507; Cherokee Avenue Baptist Church, CERCLA-04-2022-2507(b); W.R. Floyd Services, Inc., d/b/a J. F. Floyd Mortuary, CERCLA-04-2022-2518(b); Greenville-Spartanburg Airport District, CERCLA-04-2022-2514(b); City of York, South Carolina, CERCLA- 04-2022-2510(b); Converse University f/k/a Converse College, CERCLA-04- 2022- 2516(b); Royal Adhesives and Sealants, LLC, and Simpsonville Properties LLC, CERCLA-04-2023-2507(b); Spartanburg County School District Three, CERCLA-04-2023-2520(b); City of Landrum, South Carolina, CERCLA-04- 2022-2508(b); Cooper Standard Automotive Inc., CERCLA-04-2022-2511(b); Brixmor Property Group Inc., ERP Hillcrest, LLC, and Excel Realty Partners LP, CERCLA-04-2022-2509(b); School District of Newberry County, CERCLA-04-2023-2522(b); Mecklenburg County Alcoholic Beverage Control Board CERCLA-04-2022-2509; Inman Mills, CERCLA-04-2023-2528(b); Price Construction, Inc., CERCLA-04-2023-2525(b); Winthrop University, United States General Services Administration and United States Postal Service, CERCLA-04-2023-2527(b).

The Environmental Protection Agency (EPA) is taking final action to find that California has failed to submit state implementation plan (SIP) elements required under the Clean Air Act (CAA or ``Act'') to implement the 2012 national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5) in the Los Angeles-South Coast Air Basin (``South Coast''). California was required to submit by June 9, 2022, a SIP submission that meets the Serious area plan requirements for a base year emissions inventory and best available control measures (BACM). The State submitted the required SIP elements, but subsequently withdrew its submission. If the EPA has not affirmatively found that the State has submitted a complete SIP to correct these deficiencies within 18 months of this finding, the offset sanction will apply in the area. If within six additional months the EPA has still not affirmatively determined that the State has submitted a complete SIP to correct the deficiencies, the highway funding sanction will apply in the area. No later than two years after the EPA makes this finding, if the State has not submitted and the EPA has not approved each of the required SIP elements, the EPA must promulgate a federal implementation plan (FIP) to address the remaining requirements.

The Environmental Protection Agency (EPA), Region 9 is proposing to reissue a general National Pollutant Discharge Elimination System (NPDES) permit for water discharges from facilities classified as low threat located in the Navajo Nation (Permit No. NNG990001). The permit will be reissued upon completion of the notice and comment period and after due consideration has been given to all comments received. The permit, upon issuance, will be valid for five years. Use of a general NPDES permit in the location described above allows EPA and dischargers to allocate resources in a more efficient manner, obtain timely permit coverage, and avoid issuing resource intensive individual permits to each facility, while simultaneously providing greater certainty and efficiency to the regulated community and ensuring consistent permit conditions for comparable facilities. This notice announces the availability of the proposed general NPDES permit and the corresponding fact sheet for public comment which can be found at EPA Region 9's website at: https://www.epa.gov/npdes-permits/npdes- permits-epas-pacific-southwest-region-9.

Pursuant to the U.S. Environmental Protection Agency's Significant New Alternatives Policy program, this action proposes to list certain substances in the refrigeration and air conditioning sector. Specifically, EPA proposes to list several substitutes as acceptable, subject to use conditions, for retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks. Through this action, EPA is proposing to incorporate by reference standards which establish requirements for commercial refrigerating appliances and commercial ice machines, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. This action also proposes to exempt propane, in the refrigerated food processing and dispensing end-use, from the prohibition under the Clean Air Act (CAA) on knowingly venting, releasing, or disposing of substitute refrigerants, on the basis of current evidence that the venting, release, or disposal of this substance in this end-use does not pose a threat to the environment.

The Environmental Protection Agency has submitted an information collection request (ICR), Underground Storage Tank Finder Application (EPA ICR Number 2696.01, OMB Control Number 2080-NEW), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a request for approval of a new collection. Public comments were previously requested via the Federal Register on September 15, 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 it has adopted two sets of amendments to its Small Off-Road Engine regulation (SORE Amendments). By letter dated December 20, 2022, CARB asked that EPA authorize these amendments pursuant to section 209(e) of the Clean Air Act (CAA). This notice announces that EPA will hold a public hearing to consider California's authorization request and that EPA is now accepting written comment on the requests.

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.

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri State Implementation Plan (SIP) received on August 4, 2022. The submission removes a provision in the Missouri regulation ``Construction Permits By Rule'' that allows the burning of illegal and waste pharmaceutical drugs in crematories and animal incinerators. In the previous revision, submitted to EPA on March 7, 2019, EPA approved selected revisions of the rule but did not act on a portion of the revision that included the disposal of pharmaceuticals in crematories and animal incinerators because it conflicted with federal requirements on the incineration of illegal and waste pharmaceuticals. By removing the conflicting language, approval of these revisions will ensure consistency between State and federally approved rules. These revisions along with other minor text changes are administrative in nature and do not impact the stringency of the SIP or air quality. The EPA's proposed approval of this rule revision is in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is determining under the Clean Air Act (CAA) that the Detroit, Michigan nonattainment area (hereafter also referred to, respectively, as the ``Detroit area'' or ``area'') has attained the 2015 ozone National Ambient Air Quality Standards (NAAQS or standard). This determination is based upon complete, quality-assured, and certified ambient air monitoring data for the 2020-2022 design period showing that the area achieved attainment of the 2015 ozone NAAQS, based on the exclusion of certain exceedances of the 2015 ozone NAAQS that were due to exceptional events. EPA is taking final agency action on an exceptional events request submitted by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) on January 26, 2023. As a result of the clean data determination, based on exclusion of event-influenced data, EPA is suspending the requirements for the area to submit attainment demonstrations and associated Reasonably Available Control Measures (RACM), Reasonable Further Progress (RFP) plans, contingency measures for failure to attain or make reasonable progress, and other planning SIPs related to attainment of the 2015 ozone NAAQS, for as long as the area continues to attain the 2015 ozone NAAQS. This action does not constitute a redesignation of the area to attainment of the 2015 ozone NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions related to the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The SIP revision consists of the following: 2017 calendar year ozone precursor emission inventories for volatile organic compounds (VOC), oxides of nitrogen (NOX) and carbon monoxide (CO) for the Northern New Jersey portion of the New York-Northern New Jersey-Long Island NY-NJ-CT ozone nonattainment area (Northern New Jersey) and the Southern New Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD- DE ozone nonattainment area (Southern New Jersey).

The Environmental Protection Agency (EPA) is approving in part, conditionally approving in part, and disapproving in part a state implementation plan (SIP) revision submitted by the State of Nevada pursuant to the requirements of the Clean Air Act (CAA or ``Act'') for the implementation, maintenance, and enforcement of the 2015 national ambient air quality standards (NAAQS) for ozone. As part of this action, we are reclassifying a region of the State for emergency episode planning purposes with respect to ozone. Finally, we are approving a regulatory revision into the Nevada SIP.

The Environmental Protection Agency (EPA) is extending the public comment period by two weeks for the document titled, ``Integrated Science Assessment for Lead (Pb) (External Review Draft)'' The original Federal Register document announcing the public comment period was published on March 31, 2023.

This notice announces that information submitted to EPA under the Toxic Substances Control Act (TSCA), including information that may have been claimed as or determined to be Confidential Business Information (CBI), will be transferred to its contractor Industrial Economics, Incorporated (IEc) of Cambridge, MA in accordance with the CBI regulations. Access to this information will enable the contractor to fulfill the obligations of the contract with EPA.

Pursuant to the Federal Advisory Committee Act (FACA), the Environmental Protection Agency (EPA) is announcing a public meeting of the Clean Air Act Advisory Committee (CAAAC). The EPA renewed the CAAAC charter on October 31, 2022, to provide independent advice and counsel to EPA on economic, environmental, technical, scientific and enforcement policy issues associated with implementation of the Clean Air Act of 1990.

The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Plywood and Composite Wood Products (PCWP), as required by the Clean Air Act (CAA). To ensure that all emissions of hazardous air pollutants (HAP) from sources in the source category are regulated, the EPA is proposing HAP standards for processes currently unregulated for total HAP (including acetaldehyde, acrolein, formaldehyde, methanol, phenol, propionaldehyde), non-mercury (non-Hg) HAP metals, mercury (Hg), hydrogen chloride (HCl), polycyclic aromatic hydrocarbons (PAH), dioxin/furan (D/F), and methylene diphenyl diisocyanate (MDI). The standards the EPA is proposing include emission limitations and work practices applicable for PCWP process units and lumber kilns located at facilities that are major sources of HAP emissions. This proposal responds to the 2007 partial remand and vacatur of portions of the 2004 PCWP NESHAP in which the EPA previously concluded maximum achievable control technology was represented by no control (i.e., no emissions reduction). This proposal also responds to or requests comment on issues raised in a petition for reconsideration the EPA received regarding the technology review and other amendments to the PCWP NESHAP the EPA finalized on August 13, 2020.

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.

The U.S. Environmental Protection Agency (EPA) is planning to submit the below listed information collection requests (ICR) 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. These are proposed extensions of the currently approved ICRs. 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.

Pursuant to the Federal Advisory Committee Act (FACA), the Environmental Protection Agency (EPA) provides notice of a public meeting for the Great Lakes Advisory Board. Pre-registration is required. Due to logistical circumstances, EPA is announcing this meeting with less than 15 calendar days public notice.

The Environmental Protection Agency (EPA) is announcing an extension of the public comment period by 30 days for the Notice of Proposed Radon Credentialing Criteria.