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

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Information Collection Request (ICR) for On-Highway Motorcycle Certification and Compliance Program'' (EPA ICR Number 2535.03, OMB Control Number 2060- 0710) 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 October 31, 2023. 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 U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Manufacturing Facilities, as required by the Clean Air Act (CAA). To complete the required CAA section 112(d)(6) technology review promulgated on July 13, 2020, the EPA is proposing standards to regulate HAP emissions from five unmeasured fugitive and intermittent particulate (UFIP) sources, some of which are also referred to as ``fugitive'' sources, that are currently not regulated by the NESHAP, as follows: Bell Leaks, Unplanned Bleeder Valve Openings, Planned Bleeder Valve Openings, Slag Pits, and Beaching. Also, for sinter plants we are proposing standards for the following five currently unregulated HAP: carbonyl sulfide (COS), carbon disulfide (CS2), mercury (Hg), hydrochloric acid (HCl), and hydrogen fluoride (HF); for blast furnace (BF) stoves and basic oxygen process furnaces (BOPFs), we are proposing standards for the following three unregulated pollutants: total hydrocarbons (THC), HCl, and dioxins/furans (D/F); and for BFs, we are proposing standards for the following two unregulated pollutants: THC and HCl. As an update to the technology review, we are proposing to revise the current BOPF shop fugitive 20 percent opacity limit to a 5 percent opacity limit and require specific work practices; revise the current BF casthouse fugitive 20 percent opacity limit to a 5 percent opacity limit; and revise the current standards for D/F and polycyclic hydrocarbon (PAH) for sinter plants. We are also proposing a fenceline monitoring requirement for chromium (Cr), including a requirement that if a monitor exceeds the proposed Cr action level, the facility will need to conduct a root cause analysis and take corrective action to lower emissions. We solicit comments on all aspects of this proposed action.

The Environmental Protection Agency (EPA) is taking interim final action to stay, for emissions sources in Arkansas, Kentucky, Louisiana, Mississippi, Missouri, and Texas only, the effectiveness of the federal implementation plan (FIP) requirements established to address the obligations of these and other states to mitigate interstate air pollution with respect to the 2015 national ambient air quality standards (NAAQS) for ozone (the Good Neighbor Plan). The EPA is also revising certain other regulations to ensure that sources in these states will continue to be subject to previously established requirements to mitigate interstate air pollution with respect to other ozone NAAQS while the Good Neighbor Plan's requirements are stayed. These revisions will also ensure that the stay is limited to requirements for which the EPA does not currently have authority to implement a FIP pending judicial review. The stay and the associated revisions to other regulations are being issued in response to judicial orders that partially stay, pending judicial review, a separate, earlier EPA action which disapproved certain state implementation plan (SIP) revisions submitted by these and other states. Finally, for states for which the Good Neighbor Plan's requirements are not being stayed, the EPA is revising three near-term deadlines that are incorrect as published in the Good Neighbor Plan.

The Environmental Protection Agency (EPA) is planning to submit the information collection request (ICR), Identification, Listing and Rulemaking Petitions (Renewal), EPA ICR No. 1189.32, OMB Control No. 2050-0053 to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described in SUPPLEMENTARY INFORMATION. This is a proposed extension of the ICR, which is currently approved through March 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.

This notice announces the availability of EPA's interim or final registration review decisions for the following chemicals: dioctyl sodium sulfosuccinate, plant extract 620, polymeric betaine, sodium fluoroacetate, and undecylenic acid. In addition, this notice announces the closure of the registration review case for chlorpyrifos- methyl, because the last U.S. registrations for this pesticide have been canceled.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel their registrations of certain pesticide products and to amend their pesticide product registrations to terminate one or more uses. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled or uses terminated only if such sale, distribution, or use is consistent with the terms as described in the final order.

The Environmental Protection Agency (EPA) publishes the Semiannual Agenda of Regulatory and Deregulatory Actions online at https://www.reginfo.gov to periodically update the public. This document contains information about: Regulations in the Semiannual Agenda that are under development, completed, or canceled since the last agenda; and Reviews of regulations with small business impacts under Section 610 of the Regulatory Flexibility Act.

This regulation establishes tolerances for residues of sodium salt of acifluorfen in or on berry, low growing, subgroup 13-07G; soybean, vegetable, edible podded; and soybean, vegetable, succulent shelled. The Interregional Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Notice is hereby given that the State of Connecticut is revising its approved Public Water System Supervision (PWSS) program to meet the requirements of the Safe Drinking Water Act (SDWA).

The Environmental Protection Agency (EPA) is announcing the availability of and requesting public comment on a draft revision to the risk determination for 1,4-dioxane following a risk evaluation issued under TSCA. EPA published a risk evaluation for 1,4-dioxane in December 2020 and a draft supplement to the risk evaluation in July 2023. This draft revision to the 1,4-dioxane risk determination reflects policy changes announced in June 2021, to ensure the public is protected from unreasonable risks from chemicals in a way that is supported by science and the law, as well as information from the 2023 Draft Supplement to the risk evaluation. In this draft revision to the risk determination EPA has preliminarily determined that 1,4-dioxane, as a whole chemical substance, presents an unreasonable risk of injury to health when evaluated under its conditions of use. This draft risk determination considers the occupational and consumer exposures from the December 2020 Risk Evaluation, as well as the occupational, general population, and fenceline community exposures in the draft supplement to the risk evaluation, including exposures that result from conditions of use where 1,4-dioxane is present due to production as a byproduct and the risks from general population and fenceline communities' exposures to 1,4-dioxane released under the conditions of use to drinking water sourced from surface and ground water and ambient air. In addition, this revised risk determination does not reflect an assumption that all workers always appropriately wear personal protective equipment (PPE). EPA understands that there could be adequate occupational safety protections in place at certain workplace locations; however, not assuming use of PPE reflects EPA's recognition that unreasonable risk may exist for subpopulations of workers that may be highly exposed because they are not covered by Occupational Safety and Health Administration (OSHA) standards, or their employers are out of compliance with OSHA standards, or because many of OSHA's chemical- specific permissible exposure limits largely adopted in the 1970's are described by OSHA as being ``outdated and inadequate for ensuring protection of worker health,'' or because EPA finds unreasonable risk for purposes of TSCA notwithstanding OSHA requirements. This revision, when final, would supersede the condition of use-specific no unreasonable risk determinations in the December 2020 1,4-dioxane risk evaluation (and withdraw the associated order) and would make a revised determination of unreasonable risk for 1,4-dioxane as a whole chemical substance.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the San Diego County Air Pollution Control District (SDCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NOX) from small boilers, process heaters, steam generators, and large water heaters. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the ``Act''). The California Air Resources Board (CARB) submitted the rule, on behalf of SDCAPCD, to the EPA as part of the requirement to implement reasonably available control technology (RACT) for major sources of NOX for the San Diego County ozone nonattainment area. We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) proposes to approve into the Washington State Implementation Plan (SIP) the Yakima Regional Clean Air Agency's (YRCAA) revised outdoor and agricultural burning rule submitted by the State of Washington (Washington or the State) on October 14, 2021. The submitted revisions improve stringency, clarity and enforceability of the rule. The EPA is proposing to approve the SIP submission as consistent with Clean Air Act (Act or CAA) requirements.

In the Federal Register of July 12, 2023, the Environmental Protection Agency (EPA) announced that it is co-hosting a virtual workshop with the Department of Housing and Urban Development (HUD) to hear stakeholder perspectives on specific topics related to detection of and exposure to potential lead hazards from existing residential lead-based paint. EPA and HUD have subsequently identified that many stakeholders have a conflict with the original planned dates for the virtual workshop that was planned to be held on October 17 and 18, 2023. As such, EPA and HUD have determined to change the dates for the virtual workshop to November 1 and 2, 2023. In addition, the deadline for abstract submissions is changed to August 11, and the deadline for registration and special accommodation requests is now October 13.

This notice announces the availability of the EPA's preliminary or continuing work plans for the following chemicals: Complex Polymeric Polyhydroxy Acid (CPPA); Killed, non-viable Streptomyces acidiscabies strain RL-110T cells and spent fermentation media; penflufen; propionic acid; straight chain lepidopteran pheromones; and Streptomyces strain K61. With this document, the EPA is opening the public comment period for registration review for these chemicals.

This regulation establishes an exemption from the requirement of a tolerance for residues of N-(n-octyl)-2-pyrrolidone (CAS Reg. No. 2687-94-7) when used as an inert ingredient (solvent) in pesticide formulations containing prothioconazole as an active ingredient at a maximum concentration of 15% by weight. International Specialty Products submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting the exemption. This regulation eliminates the need to establish a maximum permissible level for residues of N-(n-octyl)-2-pyrrolidone, when used in accordance with the terms of the exemption.

The Environmental Protection Agency (EPA) is finalizing reporting and recordkeeping requirements for asbestos under the Toxic Substances Control Act (TSCA). EPA is requiring certain persons who manufactured (including imported) or processed asbestos and asbestos- containing articles, including as an impurity, in the four years prior to the date of publication of this final rule to electronically report certain exposure-related information. This action results in a one-time reporting requirement. EPA emphasizes that this requirement includes asbestos that is a component of a mixture. The information sought includes presence, types, and quantities of asbestos (including asbestos that is a component of a mixture) and asbestos-containing articles that were manufactured (including imported) or processed, types of use, and employee data. EPA and other Federal agencies will use reported information in considering potential future actions, including risk evaluation and risk management activities.

The Environmental Protection Agency (EPA) is approving 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 the 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.

The Environmental Protection Agency (EPA) is proposing action on two permitting rules submitted as a revision to the Placer County Air Pollution Control District (PCAPCD or ``District'') portion of the California State Implementation Plan (SIP). We are proposing an approval of one rule and proposing a limited approval and limited disapproval of the second rule. These revisions concern the District's New Source Review (NSR) permitting program for new and modified sources of air pollution under title I of the Clean Air Act (CAA). This action updates the District's applicable SIP with revised rules that the District has amended to address deficiencies identified in a previous limited approval and limited disapproval action, as well as other updates related to NSR requirements. We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office is announcing a public meeting of the Science Advisory Board Environmental Justice Screen (EJScreen) Review Panel. The purpose of the meeting is to review and discuss the Panel's draft report on the EPA's EJScreen mapping and screening tool.

The Environmental Protection Agency (EPA) is announcing a 60- day public comment period associated with release of the draft IRIS Toxicological Review of Perfluorohexane Sulfonate (PFHxS) and Related Salts. The draft assessment was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA's Office of Research and Development (ORD). EPA is releasing this draft IRIS assessment for public comment in advance of a contractor-led peer review. Public comments received will be provided to the external peer reviewers. ERG, a contractor to EPA, will convene a public meeting to discuss the draft report during Step 4 of the IRIS Process. The external peer reviewers will consider public comments submitted in response to this notice and those provided at the public meeting when reviewing this assessment. EPA will consider all comments received when revising the assessment post-peer review. This draft assessment is not final as described in EPA's information quality guidelines, and it does not represent, and should not be construed to represent Agency policy or views.

The Environmental Protection Agency (EPA) is approving a revision to the Wisconsin state implementation plan (SIP) revising air emissions reporting requirements codified in Chapter 438 of the Wisconsin Administrative Code (Wis. Admin. Code). Additionally, EPA is approving a related infrastructure requirement under section 110 of the Clean Air Act (CAA) for the 2012 fine particulate matter (PM2.5) and 2015 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. EPA proposed to approve this action on March 23, 2023, and received no adverse comments.

The Environmental Protection Agency (EPA) is removing the ``emergency'' affirmative defense provisions from the EPA's title V operating permit program regulations. These provisions established an affirmative defense that sources could have asserted in enforcement cases brought for noncompliance with technology-based emission limitations in operating permits, provided that the exceedances occurred due to qualifying emergency circumstances. These provisions, which have never been required elements of state operating permit programs, are being removed because they are inconsistent with the EPA's interpretation of the enforcement structure of the Clean Air Act (CAA or the Act) in light of prior court decisions from the U.S. Court of Appeals for the D.C. Circuit. The removal of these provisions is also consistent with other recent EPA actions involving affirmative defenses and would harmonize the EPA's treatment of affirmative defenses across different CAA programs. Through this document, the EPA is also providing guidance on the implementation process resulting from the removal of the emergency affirmative defense provisions from the EPA's regulations, including the need for some state, local, and tribal permitting authorities to submit program revisions to the EPA to remove similar title V affirmative defense provisions from their EPA-approved title V programs, and to remove similar provisions from individual operating permits.

The Environmental Protection Agency (EPA) is taking final action to determine that the West Pinal County, Arizona nonattainment area (``West Pinal County'' or ``area'') did not attain the 1987 24- hour national ambient air quality standards (NAAQS or ``standards'') for particulate matter with a diameter of 10 micrometers or smaller (PM10) by its December 31, 2022 ``Serious'' area attainment date. This action is based on the EPA's calculation of the PM10 design value for the nonattainment area over the 2020- 2022 period, using complete, quality-assured, and certified PM10 monitoring data. With this final determination that West Pinal County has failed to attain the PM10 NAAQS by its attainment date, the State of Arizona is required to submit a revision to the Arizona state implementation plan (SIP) that, among other elements, provides for expeditious attainment of the PM10 standards and for a five percent annual reduction in the emissions of direct PM10 or a PM10 plan precursor pollutant in the nonattainment area.

The U.S. Environmental Protection Agency (EPA) is amending existing regulations to implement certain provisions of the American Innovation and Manufacturing Act. This rule establishes the methodology for allocating hydrofluorocarbon production and consumption allowances for the calendar years of 2024 through 2028. EPA is also amending the consumption baseline to reflect updated data and to make other adjustments based on lessons learned from implementation of the hydrofluorocarbon phasedown program thus far, including to: codify the existing approach of how allowances must be expended for import of regulated substances, revise recordkeeping and reporting requirements, and implement other modifications to the existing regulations.

The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule entitled ``Significant New Use Rules on Certain Chemical Substances (23-2.5e)'' that published in the Federal Register on June 20, 2023, with an established public comment period that was scheduled to end on July 20, 2023. In response to requests for additional time to develop and submit comments on the proposed rule, EPA is extending the comment period for an additional 30 days, i.e., from July 20, 2023, to August 19, 2023.