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

The Environmental Protection Agency (EPA) published a final rule in the Federal Register on August 9, 2023, titled ``Air Plan Approval; North Carolina; Bulk Gasoline Plants, Terminals Vapor Recovery Systems.'' The document approved revisions to the North Carolina State Implementation Plan (SIP) concerning changes to the North Carolina Department of Environmental Quality's air regulations regarding bulk gasoline terminals and plants, gasoline cargo tanks and vapor collection systems, and leak tightness and vapor leak requirements. EPA approved those changes pursuant to the Clean Air Act. An error in the instructions amending the Code of Federal Regulations (CFR) in the document is identified and corrected in this action. This correction does not change any final action taken by EPA in the August 9, 2023, final rule.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. 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 its 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 only if such sale, distribution, or use is consistent with the terms as described in the final order.

Notice is hereby given that Guam revised its approved primacy program under the federal Safe Drinking Water Act (SDWA) by adopting regulations that effectuate the federal Revised Total Coliform Rule (RTCR). The Environmental Protection Agency (EPA) has determined that Guam's revision request meets the applicable SDWA program revision requirements and the regulations adopted by Guam are no less stringent than the corresponding federal regulations. Therefore, EPA approves this revision to Guam's approved primacy program. However, this determination on Guam's request for approval of a program revision shall take effect in accordance with the procedures described below in the SUPPLEMENTARY INFORMATION section of this notice after the opportunity to request a public hearing.

The Environmental Protection Agency (EPA) Administrator signed an Order dated August 7, 2023, granting in part and denying in part a Petition from the WildEarth Guardians dated March 1, 2023. The Petition requested that the EPA object to the Clean Air Act (CAA) title V operating permit issued by the New Mexico Environment Department (NMED) to XTO Energy Inc., Wildcat Compressor Station, located in Lea County, New Mexico.

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its Local Government Advisory Committee (LGAC). Qualified nominees for the LGAC hold elected positions with local, Tribal, State, or Territorial governments, or serve in a full- time government position appointed by an elected official. EPA is seeking up to 5 individuals to serve one-year terms beginning in January 2024. For more information on the LGAC, including member bios, recent meeting summaries and recommendations, visit: https:// www.epa.gov/ocir/local-government-advisory-committee-lgac.

Notice is hereby given that the Navajo Nation revised its approved primacy program under the federal Safe Drinking Water Act (SDWA) by adopting regulations that effectuate the Federal Stage 2 Disinfectants and Disinfection Byproducts Rule (S2 DBPR) and the Ground Water Rule (GWR). The Environmental Protection Agency (EPA) has determined that Navajo Nation's revision request meets the applicable SDWA program revision requirements and the regulations adopted by the Navajo Nation are no less stringent than the corresponding federal regulations. Therefore, EPA approves this revision to Navajo Nation's approved primacy program. However, this determination on the Navajo Nation's request for approval of a program revision shall take effect in accordance with the procedures described below in the SUPPLEMENTARY INFORMATION section of this notice after the opportunity to request a public hearing.

The Environmental Protection Agency (EPA or the Agency) is finalizing an expanded set of extraction and determinative methods that can be used to characterize and verify the cleanup of polychlorinated biphenyls (PCBs) waste under implementing regulations for PCB-related authority in the Federal Toxic Substances Control Act (TSCA) (also referred to as the PCB regulations). These changes are expected to greatly reduce the amount of solvent used in PCB extraction processes, thereby conserving resources and reducing waste. In addition, the changes are expected to result in quicker, more efficient, and less costly cleanups, due to greater flexibility in the cleanup and disposal of PCB waste, while still being equally protective of human health and the environment. EPA is also finalizing several other amendments to the PCB regulations, including the amendment of the performance-based disposal option for PCB remediation waste; the removal of the provision allowing PCB bulk product waste to be disposed of as roadbed material; the addition of more flexible provisions for cleanup and disposal of waste generated by spills that occur during emergency situations (e.g., hurricanes or floods); harmonization of the general disposal requirements for PCB remediation waste; and other amendments to improve the implementation of the regulations, clarify ambiguity, and correct technical errors.

In accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by Loveland Products, Inc. (hereafter referred to as Loveland) to voluntarily cancel registrations of certain products containing the pesticide chlorpyrifos. 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 the registrant withdraws their request. If these requests are granted, any sale, distribution, or use of the products listed in this notice after the registrations have been cancelled would need to be consistent with the terms as described in the final cancellation order.

In the Federal Register of June 22, 2023, the Environmental Protection Agency (EPA) announced a proposed administrative settlement; this document reopens the comment period. Additionally, a public meeting will be held in Flint, Michigan prior to the closing of the reopened comment period. The EPA will announce the details of the public meeting in multiple ways, including an ad in the local newspaper.

This regulation establishes tolerances for residues of methoxyfenozide in or on coffee bean, sugar cane, and sugar cane molasses. There are no U.S. registrations associated with these tolerances. Corteva Agrisciences, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) Administrator signed an order dated July 14, 2023, granting in part and denying in part a petition dated November 22, 2022 from WildEarth Guardians and a petition dated November 23, 2022 from the Center for Biological Diversity and Grand Valley Citizens Alliance. The petitions requested that the EPA object to a Clean Air Act (CAA) operating permit issued by the Colorado Department of Public Health and Environment (CDPHE) to Terra Energy Partners, Rocky Moutain LLC for its Parachute Water Management Facility located in Garfield County, Colorado.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New York for purposes of certifying and meeting the requirements for Reasonably Available Control Technology (RACT) for the Serious classification of the 2008 and Moderate classification of the 2015 8-hour Ozone National Ambient Air Quality Standards (NAAQS). The EPA is also proposing to approve that this SIP revision fulfills SIP requirements pertaining to the Ozone Transport Region (OTR) for the 2015 Ozone NAAQS. The EPA is proposing to approve the demonstration portion of the comprehensive SIP revision submitted by New York that certify that the State has satisfied the requirements for an Ozone nonattainment new source review program, certify that the State has satisfied the requirements for a nonattainment emission inventory, and certify that the State has satisfied the requirements for clean fuels for fleets. The EPA is also proposing to approve New York's reasonable further progress plans and motor vehicle emissions budgets for both the Moderate and Serious classifications of the 2008 Ozone NAAQS.

The Environmental Protection Agency (EPA) is preparing an Integrated Science Assessment (ISA) as part of the review of the air quality criteria and the primary (health-based) and secondary (welfare- based) National Ambient Air Quality Standards (NAAQS) for Ozone (O3) and related photochemical oxidants. The ISA will be developed by the Center for Public Health and Environmental Assessment (CPHEA) within EPA's Office of Research and Development. When final, the ISA is intended to update the previous ISA for O3 and related photochemical oxidants (EPA/600/R-20/012), published in 2020. Interested parties are invited to assist EPA in developing and refining the scientific information base for the review of the O3 NAAQS by submitting research studies and data that have been published or accepted for publication since January 1, 2018.

EPA has received a specific exemption request from the National Aeronautics and Space Administration (NASA) to use the pesticide ortho-phthalaldehyde (OPA, CAS No. 643-79-8) to treat the coolant fluid of the internal active thermal control system of the International Space Station to control aerobic/microaerophilic bacteria in the aqueous coolant. The applicant proposes the use of a new chemical which has not been registered by EPA. Therefore, in accordance with the Code of Federal Regulations, EPA is soliciting public comment before making the decision whether to grant the exemption.

This regulation amends the existing temporary tolerance exemptions for residues of Aspergillus flavus strains TC16F, TC35C, TC38B, and TC46G by establishing permanent tolerance exemptions for use in or on all food and feed commodities of field corn, popcorn, and sweet corn. Interregional Research Project Number 4 (IR-4) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting to amend the existing temporary tolerance exemptions for Aspergillus flavus strains TC16F, TC35C, TC38B, and TC46G. This regulation eliminates the need to establish a maximum permissible level for residues of Aspergillus flavus strains TC16F, TC35C, TC38B, and TC46G under FFDCA when used in accordance with label directions and good agricultural practices.

This regulation establishes tolerances for residues of trifluralin in or on tea, dried and tea, instant. Gowan Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances for residues of imazapyr in or on rice, bran and rice, grain. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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

The Environmental Protection Agency (EPA) is finalizing approval of a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (hereinafter referred to as SC DHEC or South Carolina) via a letter dated February 3, 2022. The SIP revision updates portions of South Carolina's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) regulations, including changes to reflect the regulation of greenhouse gases (GHGs) pursuant to the Tailoring Rule and updates promulgated in the recent NSR Corrections Rule. With the exception of the Project Emissions Accounting provisions, which EPA expects to act on in a separate final rule, EPA is approving these revisions pursuant to the Clean Air Act (CAA or Act) and implementing Federal regulations.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve portions of the revisions to the Arkansas State Implementation Plan (SIP) including revisions to the Arkansas Pollution Control and Ecology Commission's (``Commission'' or APC&EC) Rule No. 19, Rules of the Arkansas Plan of Implementation for Air Pollution Control submitted by the Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) via the Arkansas Governor's Office on June 22, 2022. Most of the revisions are administrative in nature and make the SIP current with Federal rules.

EPA is proposing to revoke the tolerance exemption for residues of the antimicrobial pesticide ingredient phenol when used as an inert ingredient (solvent/cosolvent) in pesticide formulations applied to growing crops. This rulemaking is proposed on the Agency's own initiative under the Federal Food, Drug, and Cosmetic Act (FFDCA) to implement a tolerance action the Agency determined was appropriate during the registration review conducted under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for phenol. EPA is proposing to revoke this tolerance exemption because it corresponds to a use no longer current or registered under FIFRA in the United States.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Generic Clearance for Participatory Science and Crowdsourcing Projects (Renewal)'' (EPA ICR No. 2521.39, OMB Control No. 2080-0083) 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 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.

EPA is required under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to make information publicly available and to publish information in the Federal Register pertaining to submissions under TSCA Section 5, including notice of receipt of a Premanufacture notice (PMN), Significant New Use Notice (SNUN) or Microbial Commercial Activity Notice (MCAN), including an amended notice or test information; an exemption application (Biotech exemption); an application for a test marketing exemption (TME), both pending and/or concluded; a notice of commencement (NOC) of manufacture (including import) for new chemical substances; and a periodic status report on new chemical substances that are currently under EPA review or have recently concluded review. This document covers the period from 7/1/ 2023 to 7/31/2023.

The Environmental Protection Agency (EPA) is proposing to approve a Clean Air Act (CAA) plan and two state rules submitted by the Missouri Department of Natural Resources (MoDNR) on July 25, 2022. This plan was submitted to fulfill the state's obligations under the CAA to implement and enforce the requirements of the Emissions Guidelines and Compliance Times for municipal solid waste (MSW) landfills. This plan includes an inventory of affected sources and explains how the state rules fulfill the regulatory requirements needed for EPA to approve the plan. In addition, the EPA is proposing to approve a revision to the State Implementation Plan (SIP) submitted by MoDNR for the purpose of revising the Missouri rule entitled ``Municipal Solid Waste Landfills'' to incorporate by reference Emission Guidelines (EG) for MSW landfills. EPA is proposing to approve this SIP revision based on EPA's finding that the rule is as stringent as the rule it replaces and fulfills the requirements of the CAA for the protection of the ozone National Ambient Air Quality Standards (NAAQS) in St. Louis.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office is announcing a public meeting of the chartered Science Advisory Board. The purpose of the meeting is to: receive briefings from EPA; discuss a proposed SAB project to provide advice to EPA on environmental justice analysis; conduct quality reviews of three draft SAB reports titled: SAB Review of EPA's Standardized Framework for Sewage Sludge Chemical Risk Assessment, Review of the Updated Methodology of EPA's Environmental Justice Screen (EJScreen) Mapping and Screening Tool (version 2.1), and Review of EPA's draft IRIS Toxicological Review of Hexavalent Chromium; discuss a draft SAB commentary on Volume Requirements for 2023 and Beyond under the Renewable Fuel Standard Program (RIN 2060-AV14), and discuss recommendations received from the SAB Work Group for Review of Science Supporting EPA Decisions concerning SAB review of EPA planned regulatory actions.