Environmental Protection Agency July 24, 2023 – Federal Register Recent Federal Regulation Documents

In this document, the Environmental Protection Agency (EPA or Agency) is taking three separate but related actions. First, EPA is finalizing its determination that the Libby fine particulate matter (PM2.5) nonattainment area (Libby Area) is attaining the 1997 Annual PM2.5 national ambient air quality standards (NAAQS or standard) based on 2014-2021 data. Secondly, EPA is finalizing approval of Montana's plan for maintaining the 1997 Annual PM2.5 NAAQS (limited maintenance plan). Lastly, the EPA is finalizing approval of the redesignation of the Libby Area to attainment for the 1997 Annual PM2.5 NAAQS, submitted by the State of Montana on June 24, 2020. The EPA is taking this action pursuant to the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a request submitted by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) on January 12, 2023, and supplemented on April 19, 2023, to revise the Michigan state implementation plan (SIP) for particulate matter (PM). The revision updates the fugitive dust plan for Detroit EdisonRiver Rouge Power Plant (DTE Energy) located in River Rouge, Michigan. The facility is no longer in operation and therefore, the plan eliminates requirements to reflect plant shut down.

This action supplements our proposed amendments to the national emission standards for hazardous air pollutants (NESHAP) for the Primary Copper Smelting source category published in the Federal Register on January 11, 2022. In that action, the Environmental Protection Agency (EPA) proposed amendments based on the residual risk and technology review (RTR) for the major source category and the technology review for the area source category. Although the proposal included the technology review for the area source category, this supplemental proposal does not include any changes for the area source category. In order to complete the required technology review for the major source category, the EPA is proposing additional hazardous air pollutant (HAP) standards for the following pollutants: benzene, toluene, hydrogen chloride (HCl), chlorine, polycyclic aromatic hydrocarbons (PAH), naphthalene and dioxin/furans (D/F). The EPA also evaluated the potential for changes to the previously proposed residual risk assessment and the decisions related to risk. Furthermore, in this action the EPA is also proposing revised standards for certain provisions initially proposed in the January 11, 2022, RTR proposal based on additional information gathered since the publication of the 2022 proposed rule.

The U.S. Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Information Collection Request for Lead and Copper Rule Revisions (LCRR)'' (EPA ICR No. 2606.03, OMB Control No. 2040-0297) 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 LCRR ICR with additional information on the potential burden that may result from respondents (public water systems, primacy agencies, and EPA) consulting EPA's recommendations in ``Guidance for Developing and Maintaining a Service Line Inventory'' (August 2022, EPA 816-B-22-001) (referred to as Service Line (SL) Inventory Guidance) when seeking to comply with the requirements of the LCRR. 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. While this ICR covers a period of time following the LCRR compliance date, October 16, 2024, EPA intends to revise many parts of the LCRR through the Lead and Copper Rule Improvements (LCRI) prior to that compliance date. EPA intends to promulgate LCRI by October 16, 2024. EPA intends to issue an ICR that would revise the information collection to reflect the requirements under LCRI when it proposes and promulgates the LCRI.

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 a State Implementation Plan (SIP) revision submitted by the Illinois Environmental Protection Agency (IEPA or Illinois). The revision, submitted on July 8, 2022, incorporates revisions to the Illinois air pollution control rules entitled ``Part 243Ambient Air Quality Standards'' and also updates the ``List of Designated Reference and Equivalent Methods'' in response to EPA rulemakings and changes to the National Ambient Air Quality Standards (NAAQS) that EPA adopted in 2021.