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

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), ``On-Highway Motorcycle Certification and Compliance Program'' 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 October 31, 2023. Public comments were previously requested via the Federal Register on July 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 proposing to address the unreasonable risk of injury to human health presented by trichloroethylene (TCE) under its conditions of use as documented in EPA's November 2020 Risk Evaluation for TCE and January 2023 revised risk determination for TCE pursuant to the Toxic Substances Control Act (TSCA). TCE is widely used as a solvent in a variety of industrial, commercial and consumer applications including for hydrofluorocarbon (HFC) production, vapor and aerosol degreasing, and in lubricants, greases, adhesives, and sealants. TSCA requires that when EPA determines a chemical substance presents unreasonable risk that EPA address by rule the unreasonable risk of injury to health or the environment and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. EPA determined that TCE presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to TCE, including non-cancer effects (liver toxicity, kidney toxicity, neurotoxicity, immunotoxicity, reproductive toxicity, and developmental toxicity) as well as cancer (liver, kidney, and non-Hodgkin lymphoma) from chronic inhalation and dermal exposures to TCE. TCE is a neurotoxicant and is carcinogenic to humans by all routes of exposure. The most sensitive adverse effects of TCE exposure are non-cancer effects (developmental toxicity and immunosuppression) for acute exposures and developmental toxicity and autoimmunity for chronic exposures. To address the identified unreasonable risk, EPA is proposing to: prohibit all manufacture (including import), processing, and distribution in commerce of TCE and industrial and commercial use of TCE for all uses, with longer compliance timeframes and workplace controls for certain processing and industrial and commercial uses (including proposed phaseouts and time-limited exemptions); prohibit the disposal of TCE to industrial pre-treatment, industrial treatment, or publicly owned treatment works, with a time-limited exemption for cleanup projects; and establish recordkeeping and downstream notification requirements.

The Environmental Protection Agency (EPA, ``the Agency'') is proposing to amend the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or non-risk factors, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, under the conditions of use. EPA has reconsidered the procedural framework rule for conducting such risk evaluations and determined that certain aspects of that framework should be revised to better align with applicable court decisions and the statutory text, to reflect the Agency's experience implementing the risk evaluation program following enactment of the 2016 TSCA amendments, and to allow for consideration of future scientific advances in the risk evaluation process without need to further amend the Agency's procedural rule.

The Environmental Protection Agency (EPA) is announcing the availability of and soliciting comment on the near-term strategies described in this document to help the Agency meet its obligations and commitments under the Federal Food, Drug, and Cosmetic Act (FFDCA), which requires, among other things, that EPA screen for and protect against endocrine disrupting effects in humans. An important part of these obligations and commitments is the Endocrine Disruptor Screening Program (EDSP), which EPA established in 1998 as a two-tier endocrine screening and testing process for pesticides and other chemicals. After over two decades of implementing the EDSP and other aspects of the mandate in FFDCA, EPA has developed near-term strategies to begin addressing the challenges it has encountered and to rebuild the EDSP. This document covers only the initial strategies that EPA is taking over the next several years to generate momentum toward its longer-term goal of timely addressing all its endocrine screening data needs and decisions. Through this notice and to help implement its strategies, EPA is also seeking additional endocrine data on two groups of active ingredients currently undergoing registration review, or explanations of why the additional data are unnecessary for EPA to make its FIFRA and FFDCA decisions.

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 9/1/ 2023 to 9/30/2023.

EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve the CAA section 111(d) state plan revision submitted by the State of Arkansas for existing kraft pulp mills subject to the Kraft Pulp Mills Emission Guidelines (EG). The Arkansas section 111(d) plan revision for kraft pulp mills contains administrative changes to the state regulations and also aligns compliance testing requirements to be consistent with EPA's kraft pulp mills new source performance standards. EPA is also notifying the public that we have received a CAA section 111(d) negative declaration from Arkansas for existing sulfuric acid plants subject to the Sulfuric Acid Plants EG. This negative declaration certifies that existing sulfuric acid plants subject to the Sulfuric Acid Plants EG and the requirements of sections 111(d) of the CAA do not exist within Arkansas. The EPA is proposing to approve the state plan revision for existing kraft pulp mills, accept the negative declaration for existing sulfuric acid plants and withdraw approval of the Arkansas state plan for existing sulfuric acid plants, and amend the agency regulations in accordance with the requirements of the CAA.

The Environmental Protection Agency (EPA) is disapproving certain portions of a state implementation plan (SIP) revision submitted by the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC), on November 22, 2016. The revision was submitted by Delaware in response to a national finding of substantial inadequacy and SIP call published on June 12, 2015, which included certain provisions in the Delaware SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is disapproving certain portions of the SIP revision and determining that such SIP revision does not correct the remaining deficiencies in Delaware's SIP identified in the June 12, 2015, SIP call in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or Act). This action addresses the remaining deficiencies identified in EPA's June 2015 SIP call that have not yet been addressed by prior EPA actions on Delaware's November 2016 SIP submission.

EPA issued a notice in the Federal Register of April 2, 2021, concerning the cancellations voluntarily requested by the registrants and accepted by the Agency. This notice is being issued to correct the cancellation order in Table 1 of Unit II by removing the registration numbers, 1007-99, 1007-100, 1007-101, and by removing EPA company number 1007 in Table 2 of Unit II. Also, by removing (Item A. For Products 1007-99, 1007-100, and 1007-101) and associated text from (Item VI. Provisions for Disposition of Existing Stocks).

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: conduct a quality review of the draft SAB report titled: Review of BenMAP and Benefits Methods; discuss the draft SAB report on the proposed rule titled Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems (RIN 2060-AV83); and discuss recommendations received from the SAB Work Group for Review of Science Supporting EPA Decisions concerning SAB review of EPA planned regulatory actions.

Since 1988, the Environmental Protection Agency (EPA) has maintained a Federal Agency Hazardous Waste Compliance Docket (``Docket'') under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA requires EPA to establish a Docket that contains certain information reported to EPA by Federal facilities that manage hazardous waste or from which a reportable quantity of hazardous substances has been released. This notice identifies the Federal facilities not previously listed on the Docket and identifies Federal facilities reported to EPA since the last update on April 24, 2023. In addition to the list of additions to the Docket, this notice includes a section with revisions of the previous Docket list and a section of Federal facilities that are to be deleted from the Docket. Thus, the revisions in this update include three additions, two deletions, and zero corrections to the Docket since the previous update.

In this action, the Administrator finds that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of the Clean Air Act. The Administrator also finds that engine emissions of lead from certain aircraft cause or contribute to the lead air pollution that may reasonably be anticipated to endanger public health and welfare under the Clean Air Act.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or ``the Act''), the Environmental Protection Agency (``EPA'' or ``the Agency'') is providing notice of a proposed consent decree in California Communities Against Toxics v. Regan, No. 1:22-cv- 1457 (D.D.C.). On May 24, 2022, California Communities Against Toxics, Clean Air Council, Clean Power Lake County, Delaware Concerned Residents for Environmental Justice, Greater-Birmingham Alliance to Stop Pollution, Kentucky Resources Council, New Castle Prevention Coalition, United Congregations of Metro-East, and Sierra Club (collectively, ``Plaintiffs'') filed a complaint in the United States District Court for the District of Columbia alleging that EPA failed to perform its non-discretionary duty to ``review, and revise as necessary'' the National Emission Standards for Hazardous Air Pollutants (``NESHAP'') for Chemical Manufacturing Area Sources (``CMAS''), at least every 8 years. The proposed consent decree would establish deadlines for the EPA Administrator (``Administrator'') to sign a notice of proposed rulemaking and a final rule for this action.

The U.S. Environmental Protection Agency is proposing to issue regulations to implement certain provisions of the American Innovation and Manufacturing Act of 2020. This rulemaking proposes to establish a program for the management of hydrofluorocarbons that includes requirements for leak repair and use of automatic leak detection systems for certain equipment using refrigerants containing hydrofluorocarbons and certain substitutes; requirements for the use of reclaimed hydrofluorocarbons in certain sectors or subsectors; the use of recycled hydrofluorocarbons in fire suppression equipment; recovery of hydrofluorocarbons from cylinders; container tracking; and certain recordkeeping, reporting, and labeling requirements. The Environmental Protection Agency is also proposing alternative Resource Conservation and Recovery Act standards for spent ignitable refrigerants being recycled for reuse. Finally, EPA requests advance comment on approaches for establishing requirements for technician training and/or certification.

The Environmental Protection Agency (EPA) has issued calendar year 2024 allowances for the production and consumption of hydrofluorocarbons in accordance with the Agency's regulations. This issuance of allowances is undertaken pursuant to the American Innovation and Manufacturing Act, which directs the Environmental Protection Agency by October 1 of each calendar year to determine the quantity of production and consumption allowances for the following calendar year. In this notice, the Agency is also providing notice of separate Agency actions finalizing administrative consequences for certain entities. These administrative consequences were applied to withhold, retire, and revoke entities' remaining calendar year 2023 and newly issued calendar year 2024 allowances in accordance with the administrative consequence regulatory provisions.

This notice announces the availability of EPA's final registration review decisions for the following chemicals: Citric acid and salts, and linalool. In addition, this notice announces the closure of the registration review case for triadimenol because the last U.S. registrations for this pesticide has been canceled.

This notice announces the availability of the EPA's preliminary work plans for the following chemicals: Aureobasidium pullulans and cyflumetofen. With this document, the EPA is opening the public comment period for registration review for these chemicals.

On October 26, 2020, the U.S. Environmental Protection Agency (EPA) proposed under the Vessel Incidental Discharge Act (VIDA) national standards of performance for marine pollution control devices for discharges incidental to the normal operation of primarily non- military and non-recreational vessels 79 feet in length and above into the waters of the United States or the waters of the contiguous zone (hereafter, ``the proposed rule''). This supplemental notice presents ballast water management system type-approval data EPA received from the U.S. Coast Guard (USCG) since the proposed rule and supplements the proposed rule with supplemental regulatory options that EPA is considering for discharges from ballast tanks, hulls and niche areas, and graywater systems. These supplemental options are informed by comments received during the first public comment period and subsequent meetings with interested states, tribes, and other stakeholders held between August and November 2021. EPA solicits public comment solely about the information presented in this document; the Agency is not soliciting public comment on any other aspects of the proposed rule that are not addressed in this document. All comments on this document and the comments on the proposed rule will be considered during the development of the final rule.

The Environmental Protection Agency (EPA), Office of Research and Development (ORD), gives notice of a virtual meeting of the Board of Scientific Counselors (BOSC) Executive Committee (EC) to review and finalize the reports of the following panels: EPA Transcriptomic Assessment Product (ETAP) Panel and Value of Information (VOI) Panel.

The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the State of California addressing the nonattainment new source review (NNSR) requirements for the 2015 8-hour ozone national ambient air quality standards (NAAQS or ``standard''). This SIP revision addresses the Butte County Air Quality Management District (``District'') portion of the California SIP. This action is being taken pursuant to the Clean Air Act (CAA or ``Act'') and its implementing regulations.

EPA is seeking public comment on a January 8, 2023, petition requesting that the Agency revoke all remaining tolerances of the pesticide dicofol. The petitioner submitted this petition pursuant to the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is announcing a 60- day public comment period associated with release of the draft Integrated Risk Information System (IRIS) Toxicological Review of Inorganic Arsenic. The draft document 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 Science Advisory Board (SAB) managed peer review. SAB will convene a public meeting to discuss the draft assessment with the public during Step 4 of the IRIS Process. The external peer reviewers will consider public comments submitted to the EPA docket in response to this notice and any others provided at the public meeting when reviewing this assessment. EPA will consider all comments submitted to the docket when revising the document 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.

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): Abt Associates of Rockville, MD and Abt's subcontractors as listed in Unit III.