Environmental Protection Agency August 14, 2023 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; GGRF Accomplishment Reporting
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Greenhouse Gas Reduction Fund (GGRF) Accomplishment Reporting (EPA ICR Number 2783.01, OMB Control Number 2090-NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a request for approval of a new collection. This notice allows for 60 days for public comments.
Alabama: Denial of State Coal Combustion Residuals Permit Program
Pursuant to section 4005(d) of the Resource Conservation and Recovery Act (RCRA), the Environmental Protection Agency (EPA or the Agency) is proposing to deny the Alabama Department of Environmental Management's (ADEM or Department) Application for approval of the Alabama coal combustion residuals (CCR) permit program (Application). After reviewing the State CCR permit program Application submitted by ADEM on December 29, 2021, and additional relevant materials, and based on extensive discussions with ADEM regarding its Application, EPA has preliminarily determined that Alabama's CCR permit program does not meet the standard for approval under RCRA. This document announces that EPA is seeking comment on this proposal during a 60-day public comment period and will be holding an in-person public hearing on EPA's proposed denial of Alabama's CCR permit program.
Second 10-Year Maintenance Plan for the Coso Junction PM-10 Planning Area; California; Correcting Amendment
On July 13, 2023, the Environmental Protection Agency (EPA) published a final rule in the Federal Register approving the ``Coso Junction PM10 Planning Area Second 10-Year Maintenance Plan'' as a revision to the state implementation plan (SIP) for the State of California. In that rulemaking, the EPA inadvertently published a numbering error in the regulatory text codifying the approval in the Code of Federal Regulations (CFR). This document corrects the error in the final rule's regulatory text.
Air Plan Approval; New Jersey; Redesignation of the Warren County 1971 Sulfur Dioxide Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan
The Environmental Protection Agency (EPA) is proposing to approve a November 15, 2021, redesignation request and State Implementation Plan (SIP) revision submitted by the State of New Jersey. The New Jersey Department of Environmental Protection (NJDEP) is requesting that EPA redesignate the New Jersey portion of the Northeast Pennsylvania-Upper Delaware Valley Interstate Air Quality Control Region (Warren County, New Jersey) from nonattainment to attainment for the 1971 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). In conjunction with its redesignation request, New Jersey submitted a limited maintenance plan and its associated contingency measures for the Warren County Nonattainment Area to ensure that attainment of SO2 NAAQS will continue to be maintained. EPA is proposing to approve the request for redesignation and the maintenance plan based on EPA's determination that the Warren County Nonattainment Area has met the redesignation requirements of the Clean Air Act (CAA).
Air Plan Approval and Disapproval; Colorado; Serious Attainment Plan Elements and Related Revisions for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area
The Environmental Protection Agency (EPA) is proposing to approve and disapprove portions of a state implementation plan (SIP) revision submitted by the State of Colorado to meet Clean Air Act (CAA) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) in the Denver Metro/North Front Range nonattainment area (DMNFR Area). Specifically, the EPA is proposing approval of the submitted enhanced monitoring SIP element as meeting applicable Serious area requirements for the 2008 8-hour ozone NAAQS, and is proposing disapproval of the contingency measure element and certain reasonably available control technology (RACT) SIP submittals. The EPA is taking this action pursuant to the CAA.
Air Plan Approval; Wyoming; Interstate Transport of Air Pollution for the 2015 8-Hour Ozone National Ambient Air Quality Standards
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve the portion of a Wyoming State Implementation Plan (SIP) submission addressing interstate transport for the 2015 8-hour ozone national ambient air quality standards (NAAQS). EPA is also withdrawing our prior May 24, 2022 proposed disapproval of the interstate transport portion of the Wyoming SIP submission. The ``good neighbor'' or ``interstate transport'' provision requires that each state's SIP contain adequate provisions to prohibit emissions from within the state from significantly contributing to nonattainment or interfering with maintenance of the NAAQS in other states. This requirement is part of the broader set of ``infrastructure'' requirements, which 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.
Clean Water Act Section 404 Tribal and State Program Regulation
The Environmental Protection Agency (EPA) is proposing the Agency's first comprehensive revision to the regulations governing Clean Water Act (CWA) section 404 Tribal and State programs since 1988. The primary purpose of the proposed revision is to respond to longstanding requests from Tribes and States to clarify the requirements and processes for assumption and administration of a CWA section 404 permitting program for discharges of dredged and fill material. The proposed revisions would facilitate Tribal and State assumption of the section 404 program, consistent with the policy of the CWA as described in section 101(b), by making the procedures and substantive requirements for assumption transparent and straightforward. It clarifies the minimum requirements for Tribal and State programs while allowing for flexibility in how these requirements are met. In addition, the proposed rule clarifies the criminal negligence standard for both the CWA section 402 and section 404 programs. Finally, the proposed rule makes technical revisions to remove outdated references associated with the section 404 Tribal and State program regulations.
Notice of Approval Status; Certifying Authorities' Amended Plans for Certification of Commercial and Private Applicators of Restricted Use Pesticides; Batch Three
The Environmental Protection Agency (EPA) is announcing its approval of fifteen amended certification plans for certifying applicators of Restricted Use Pesticides (RUPs) from the following certifying authorities: Alabama Department of Agriculture and Industries (ADAI), American Samoa Environmental Protection Agency (AS- EPA), Colorado Department of Agriculture (CDA), Commonwealth of the Northern Mariana Islands Bureau of Environmental & Coastal Quality Division of Environmental Quality, Pesticides Branch (CNMI-BECQ-DEQ), Georgia Department of Agriculture (GDA), Iowa Department of Agriculture and Land Stewardship (IDALS), Kentucky Department of Agriculture (KDA), Maryland Department of Agriculture (MdDA), Michigan Department of Agriculture and Rural Development (MDARD), Minnesota Department of Agriculture (MnDA), North Carolina Department of Agriculture and Consumer Services (NCDACS), North Dakota Department of Agriculture (NDDA), Rhode Island Department of Environmental Management (RIDEM), West Virginia Department of Agriculture (WVDA), and Wyoming Department of Agriculture (WDA). The amended plans are consistent with the existing regulatory requirements, including revisions made in 2017 to enhance and improve the competency of certified applicators of RUPs and persons working under their direct supervision. The 2017 regulatory revisions are intended to further reduce potential exposure of RUPs to certified applicators and those working under their direct supervision, other workers, the public, and the environment. Federal, state, territory, and tribal certifying authorities with existing certification plans were required to revise their existing plans to conform with the updated federal standards for RUP applicator certification and receive EPA approval by the established regulatory deadline.
Agency Information Collection Activities; Proposed Renewal of an Existing ICR Collection and Request for Comment; School Integrated Pest Management Awards Program
In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on the following Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): ``School Integrated Pest Management Awards Program,'' identified by EPA ICR No. 2531.03 and OMB Control No. 2070-0200. This ICR represents a renewal. This ICR will expire on May 31, 2024. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.
Public Comment on the Cumulative Risk Assessment Guidelines for Planning and Problem Formulation; Extension of the Comment Period
The U.S. Environmental Protection Agency (EPA) is announcing an extension of the public comment period by 15 days for the draft Cumulative Risk Assessment Guidelines for Planning and Problem Formulation. The original Federal Register document announcing the public comment period was published on June 16, 2023.
Renewable Fuel Standard (RFS) Program Compliance; Notification of Webinar
The Environmental Protection Agency (EPA) is announcing a public webinar on the new regulatory provisions of the Renewable Fuel Standard (RFS) program.
Air Plan Approval; Ohio; Volatile Organic Compounds
Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve a May 12, 2022, State Implementation Plan (SIP) submittal from the Ohio Environmental Protection Agency (OEPA). This SIP submittal consists of a source- specific limitation for certain process lines at Forest City Technologies, Plant 4, in Wellington, Ohio. The source-specific limitation reflects the lowest rate possible for the facility given technological and cost considerations. The source-specific limitation is established through the Ohio SIP, per the Ohio Administrative Code (OAC), and listed as an enforceable condition in the facility's operating permit, issued by OEPA on June 23, 2020.
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