Environmental Protection Agency September 8, 2023 – Federal Register Recent Federal Regulation Documents
Results 1 - 7 of 7
Protection of Stratospheric Ozone: Determination 38 for Significant New Alternatives Policy Program
This determination of acceptability expands the list of acceptable substitutes pursuant to the U.S. Environmental Protection Agency's Significant New Alternatives Policy program. This action lists as acceptable additional substitutes for use in the refrigeration and air conditioning and fire suppression sectors.
Air Plan Approval; Ohio; Approval of the Muskingum River SO2 Attainment Plan
The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), a revision to the Ohio State Implementation Plan (SIP) intended to provide for attainment of the 2010 primary, health-based 1-hour sulfur dioxide (SO2) national ambient air quality standard (NAAQS or standard) for the Muskingum River SO2 nonattainment area. This SIP revision (hereinafter referred to as Ohio's Muskingum River SO2 attainment plan or plan), includes Ohio's attainment demonstration and other attainment planning elements required under the CAA. EPA is finding that Ohio has appropriately demonstrated that the plan provides for attainment of the 2010 1-hour primary SO2 NAAQS in the Muskingum River, Ohio nonattainment area and that the plan meets the other applicable requirements under the CAA. EPA is also incorporating by reference Ohio Director's Final Findings and Orders (DFFOs), issued on May 23, 2023, into the Ohio SIP. The DFFOs set forth additional requirements at Globe Metallurgical (Globe) to verify appropriate source characterization for modeling purposes.
Revised Definition of “Waters of the United States”; Conforming
The Environmental Protection Agency (EPA) and the Department of the Army (``the agencies'') are amending the Code of Federal Regulations (CFR) to conform the definition of ``waters of the United States'' to a 2023 Supreme Court decision. This conforming rule amends the provisions of the agencies' definition of ``waters of the United States'' that are invalid under the Supreme Court's interpretation of the Clean Water Act in the 2023 decision.
Air Plan Approval; Texas; Clean Air Act Requirements for Enhanced Vehicle Inspection and Maintenance
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving portions of the State Implementation Plan (SIP) revisions submitted to the EPA by the State of Texas (the State) for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). The SIP revisions being approved describe how CAA requirements for vehicle Inspection and Maintenance (I/M) are met in the Dallas-Fort Worth (DFW) and Houston-Galveston-Brazoria (HGB) Serious ozone nonattainment areas.
Proposed Consent Decree, Clean Water Act Claim
In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, memorandum regarding ``Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,'' notice is hereby given of a proposed consent decree in Center for Biological Diversity, et al., v. Regan, et al., No. 3:23-cv-535 (N.D. Cal. 2023). On February 6, 2023, the Center for Biological Diversity, the Friends of the Earth, and Marcelin Keever (collectively, ``Plaintiffs'') filed a complaint in the United States District Court for the Northern District of California against the EPA alleging that the Agency had failed to perform its non-discretionary duty to promulgate national standards of performance for discharges incidental to the normal operation of large commercial vessels (and ballast water from certain other types of vessels) pursuant to the Clean Water Act (CWA) as amended by the Vessel Incidental Discharge Act of 2018 (VIDA). EPA seeks public input on a proposed consent decree setting a date for final action on the national standards of performance prior to its final decision-making regarding potential settlement of the litigation.
Proposed Interim Consent Decree and Proposed Interim Settlement Agreement, Clean Water Act and Administrative Procedure Act Claims
In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, memorandum regarding ``Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,'' notice is hereby given of a proposed interim consent decree and proposed interim settlement agreement in Northwest Environmental Advocates v. EPA, No. 19-01537 (W.D. Wash.). On September 26, 2019, Plaintiff Northwest Environmental Advocates filed a complaint alleging that EPA failed to perform duties mandated by the Clean Water Act (CWA) regarding Washington's obligation to develop Total Maximum Daily Loads (TMDLs) to address waters identified on the state's impaired waters list and that EPA's inaction was arbitrary and capricious under the Administrative Procedure Act (APA), among other claims. EPA seeks public input on a proposed interim consent decree and proposed interim settlement agreement prior to its final decision-making regarding entering into the proposed documents.
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