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

The Environmental Protection Agency (EPA) is seeking public nominations of scientific and technical experts to review the draft Risk Evaluation for Tris(2-chloroethyl) Phosphate (TCEP) conducted under the Toxic Substances Control Act (TSCA). The draft risk evaluation will be released for public review and comment in December 2023 through a separate Federal Register document and subsequently submitted for letter peer review by the expert reviewers.

The Environmental Protection Agency (EPA) is taking interim final action to stay, for emissions sources in Alabama, Minnesota, Nevada, Oklahoma, Utah, and West Virginia 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 the continued implementation of previously established requirements to mitigate interstate air pollution with respect to other ozone NAAQS while the Good Neighbor Plan's requirements are stayed. 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 EPA action which disapproved certain State Implementation Plan (SIP) revisions submitted by these and other States.

The Environmental Protection Agency (EPA) is proposing to grant an exclusion from the list of hazardous wastes to WRB Refining LP (Petitioner) located in Borger, Texas. This action responds to a petition to exclude (or ``delist'') up to 7,000 cubic yards per year of solids removed from four stormwater tanks from the list of federal hazardous wastes when disposed of in a Resource Conservation Recovery Act (RCRA) Subtitle D Landfill. The EPA is proposing to grant the petition based on an evaluation of waste-specific information provided by the Petitioner. A previous proposed action was published in the Federal Register on November 23, 2022, that proposed to grant this petition (see Docket ID Number EPA-R06-RCRA-2022-0653). However, after the proposed rule was published, EPA received notification during the public comment period from the Petitioner that the table detailing the delisting constituents and levels was incorrect. After review, EPA agreed that the information contained in the table in question was incorrect. EPA has corrected the table to reflect the appropriate constituents and values and is withdrawing the previously published proposed rule from November 23, 2022. EPA is issuing a new action proposing to grant the petition, which will include a new 30-day comment period.

EPA has received specific exemption requests from the Colorado and Nebraska Departments of Agriculture to use the pesticide metamitron (CAS No. 41394-05-2) to treat up to 69,596 acres of sugar beets to control the invasive weed, Palmer amaranth. The applicants propose the use of a new chemical which has not been registered by EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemptions, in accordance with the regulation at 40 Code of Federal Regulations (CFR) part 166.24(a)(1).

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``General Administrative Requirements for Assistance Programs'' (EPA ICR Number 0938.23, OMB Control Number 2030-0020) 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 6/30/2024. This notice allows for 60 days for public comments.

The Environmental Protection Agency (EPA) is approving 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.

The EPA is proposing to add requirements for sources to reclassify from major source status to area source status under the National Emission Standards for Hazardous Air Pollutants (NESHAP) program. The requirements of this proposal would apply to all sources that choose to reclassify, including any sources which have reclassified since January 25, 2018. The EPA is proposing that sources reclassifying from major source status to area source status under the NESHAP program must satisfy the following criteria: any permit limitations taken to reclassify from a major source of hazardous air pollutants (HAP) under the Clean Air Act to an area source of HAP must be federally enforceable, any such permit limitations must contain safeguards to prevent emission increases after reclassification beyond the applicable major source NESHAP requirements at time of reclassification, and reclassification will only become effective once a permit has been issued containing enforceable conditions reflecting the requirements proposed in this action and electronic notification has been submitted to the EPA. Additionally, we are proposing clarifications to reporting requirements and updating language regarding submittal of confidential business information.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Regional Haze Regulations (EPA ICR Number 2540.04, OMB Control Number 2060-0704) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through September 30, 2023. Public comments were previously requested via the Federal Register on March 31, 2023, during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) is approving delegation of authority to the New Hampshire Department of Environmental Services (NHDES) for implementing and enforcing the Clean Air Act (CAA) Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction on or Before July 17, 2014, and Have Not Been Modified or Reconstructed Since July 17, 2014. This action amends regulatory text to promulgate the delegation of authority and is taken in accordance with the CAA.

The Environmental Protection Agency (EPA) is announcing the availability of and soliciting public comment on the concept for developing a framework to improve assessments of potential risks to human and animal health where the use of certain pesticides could potentially result in antimicrobial resistance (AMR) that compromises the effectiveness of medically important antibacterial and antifungal drugs. EPA is also seeking feedback on research gaps and other information to help inform the risk assessment and mitigation processes. The concept document was developed in collaboration with the U.S. Department of Health and Human Services (HHS), the U.S. Department of Agriculture (USDA), and offices within the White House Executive Office of the President. A pesticide must be registered with the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) before it can be legally sold or distributed in the United States. During the registration process, EPA considers whether the pesticide will cause unreasonable adverse effects on people or the environment. Because resistance is considered an adverse effect under FIFRA, the U.S. government is working to develop a structured and coordinated approach to assess and manage these risks. EPA is seeking public comment on a concept document for a proposed framework and on potential solutions, research, or mitigation approaches to reduce the spread of AMR. The agencies will consider feedback in developing a proposed framework that will also be shared for public review and comment.

As required by the Federal Advisory Committee Act (FACA), the United States Environmental Protection Agency (EPA) is giving notice that it is establishing the Historically Black Colleges and Universities and Minority Serving Institutions Advisory Council. The purpose of this committee is to provide advice and recommendations to the EPA Administrator on critical policy and technical issues to advance equity in economic and social opportunities for all Americans and strengthen the capacity of HBCUs and MSIs to provide the highest- quality education, participate in and benefit from federal programs, and support key Administration policies. The EPA has determined that this federal advisory committee is necessary and in the public interest to provide critical advice and recommendations to assist the EPA in increasing outreach to underrepresented and underserved communities by developing a stronger partnership with HBCUs and MSIs.

The purpose of this notice of funding availability (NOFA) is to solicit letters of interest (LOIs) from prospective borrowers seeking credit assistance from the U.S. Environmental Protection Agency (EPA) under the Water Infrastructure Finance and Innovation Act (WIFIA) program. EPA estimates that it may lend approximately $6.5 billion to help finance approximately $13 billion in water infrastructure investment.

The State of Wyoming Department of Environmental Quality has applied to the Environmental Protection Agency (EPA) for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and is authorizing the State's changes through this direct final action. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of State statutes and regulations that will be subject to the EPA's inspection and enforcement. This rule also codifies in the regulations the approval of Wyoming's hazardous waste management program and incorporates by reference authorized provisions of the State's regulations.

The Environmental Protection Agency (EPA) is proposing to approve a permitting rule submitted as a revision to the Amador Air District (AAD or ``District'') portion of the California State Implementation Plan (SIP). This revision concerns the District's New Source Review (NSR) permitting program for new and modified sources of air pollution under part D of Title I of the Clean Air Act (CAA or ``Act''). This action will update the District's applicable SIP with a rule revised to address deficiencies identified in a previous limited disapproval action. This action also proposes to revise regulatory text to clarify that the District is not subject to the Federal Implementation Plan related to protection of visibility. We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) is announcing the availability of a Request for Information (RFI) that seeks public comment on a proposed design for the new grant program related to the Health Care Provider (HCP) Training Program, a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness. The Pesticide Registration Improvement Act of 2022 (referred to as PRIA 5) included set-asides of up to $2.5 million for fiscal years 2023-2027 to fund the HCP Training Program. PRIA 5 also requires EPA to seek input from persons who conduct farmworker education and training, or technical assistance and training of healthcare providers, to inform the design of the grant program. EPA has previously solicited input on the HCP Training Program design through its Federal advisory committees, which include representatives of these stakeholders. The purpose of this RFI is to solicit additional stakeholder feedback from a broad array of individuals and organizations with knowledge and expertise related to the goals of the HCP Training Program. Additional public input, including environmental justice perspectives, will help the Agency refine the HCP Training Program and design a grant program to more effectively support populations that have historically been at high risk from pesticide-related illness.

The Environmental Protection Agency (EPA) is proposing to approve the ``Second 10-Year PM10 Maintenance Plan for Sacramento County'' (``Second 10-Year Maintenance Plan'' or ``Plan'') as a revision to the state implementation plan (SIP) for the State of California (``State''). The Second 10-Year Maintenance Plan includes, among other elements, a base year emissions inventory, a maintenance demonstration, contingency provisions, and motor vehicle emissions budgets for use in transportation conformity determinations, to ensure the continued maintenance of the national ambient air quality standards (NAAQS) for particulate matter of 10 microns or less (PM10). With this proposed rulemaking, the EPA is beginning the adequacy process for the 2024, 2027, and 2033 motor vehicle emissions budgets. Additionally, as part of the technical basis for this approval, the EPA is taking comment on our August 1, 2022 concurrence on the wildfire exceptional events demonstration submitted by the California Air Resources Board (CARB) on April 26, 2021.

EPA has authorized the following contractor and subcontractors to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA), some of which may be claimed or determined to be confidential business information (CBI): Eastern Research Group Inc. (ERG) of Lexington, MA/Chantilly, VA and its subcontractors as listed in Unit III.

Pursuant to the Federal Advisory Committee Act (FACA), notice is hereby given that the next meeting of the Farm, Ranch, and Rural Communities Advisory Committee (FRRCC) will be held virtually on September 28, 2023. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days public notice. The FRRCC provides independent policy advice, information, and recommendations to the Administrator on a range of environmental issues and policies that are of importance to agriculture and rural communities.

This notice announces the availability of EPA's proposed interim registration review decision for tetrachlorvinphos (hereafter referred to as TCVP) and opens a 60-day public comment period on the proposed interim decision and revised draft human health risk assessment for TCVP.

The Environmental Protection Agency (EPA) Administrator signed an order dated July 31, 2023, granting in part and denying in part a petition dated October 11, 2022, from Earthjustice on behalf of Elyria and Swansea Neighborhood Association, Cultivando, Colorado Latino Forum, GreenLatinos, Center for Biological Diversity, and Sierra Club, and denying a petition dated October 11, 2022, from 350 Colorado. 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 Suncor Energy, Inc. for its Refinery Plant 2 Facility in Adams County, Colorado.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office a public meeting of the Science Advisory Board CASTNet Review Panel. The purpose of the public meeting is to review and discuss the draft report prepared by the review panel. The draft report incorporates briefings and a report from EPA on the CASTNet monitoring network, public comments, and deliberations of the panel on the charge questions posed by the Agency. Additional information, materials, background, meeting agendas, and activities are, and will be, posted on SAB's website at https://sab.epa.gov.

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the State Implementation Plan (SIP) submitted on November 29, 2021, by the State of Missouri. This final action approves revisions to a state regulation related to the Cross- State Air Pollution Rule SO2 Group 1 Trading Program. The revisions alter the amounts of CSAPR SO2 Group 1 emission allowances that are allocated to two of the state's units from the state's annual emissions budgets. Additionally, the revisions make non- substantive revisions to rule language that excludes certain provisions in the Code of Federal Regulations from incorporation by reference into the state's regulations. Approval of these revisions will ensure Federal enforceability of the State's rules. The EPA's approval of these SIP revisions is being done in accordance with the requirements of the Clean Air Act (CAA).

EPA has authorized its contractor, Eastern Research Group (ERG) of Lexington, MA/Chantilly, VA to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).