Environmental Protection Agency November 17, 2023 – Federal Register Recent Federal Regulation Documents
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Privacy Act Regulations for EPA-83
The Environmental Protection Agency (EPA or Agency) is taking direct final action to revise the Agency's Privacy Act regulations to exempt a modified system of records, EPA-83, the Personnel Security System (PSS) 2.0, from certain requirements of the Privacy Act because of the data sensitivity contained within an insider threat inquiry. A lack of protection of these data could jeopardize the insider threat inquiry or additional investigations if warranted.
Privacy Act Regulations for EPA-83
The Environmental Protection Agency (EPA or Agency) is proposing to revise the Agency's Privacy Act regulations to exempt a system of records, EPA-83, the Personnel Security System (PSS) 2.0, from certain requirements of the Privacy Act because the system will contain information relevant to insider threat inquiries and background investigations. If such information is not kept confidential, it could jeopardize EPA or a referring agency's ability to conduct background investigations, insider threat inquiries, or any related inquiries. In the ``Rules and Regulations'' section of this Federal Register, EPA is simultaneously publishing the revision of the Agency's Privacy Act Regulations to include EPA-83 as a direct final rule without a prior proposed rule. If the Agency receives no adverse comment, it will not take further action on this proposed rule.
Notice of Adoption of a Bureau of Indian Affairs Categorical Exclusion Under the National Environmental Policy Act
The Environmental Protection Agency (EPA) has adopted a Bureau of Indian Affairs' (BIA) categorical exclusion (CE) for waste management activities involving remediation of hazardous waste sites under the National Environmental Policy Act (NEPA) for use by the EPA's Contaminated Alaska Native Claims Settlement Act (ANCSA) Lands Assistance Program. This notice describes the categories of proposed actions for which EPA intends to use BIA's CE and describes the consultation between the agencies.
Certain New Chemicals; Receipt and Status Information for October 2023
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 10/01/ 2023 to 10/31/2023.
Potential Future Regulation for Emergency Release Notification Requirements for Animal Waste Air Emissions Under the Emergency Planning and Community Right-to-Know Act (EPCRA)
The Environmental Protection Agency (EPA or Agency) is soliciting information pertaining to and is requesting comments to assist in the potential development of regulations to reinstate the reporting of animal waste air emissions at farms under the Emergency Planning and Community Right-to-Know Act (EPCRA). The Agency is soliciting comments under five general categories: health impacts; implementation challenges; costs and benefits; small farm definition and potential reporting exemption; and national report on animal waste air emissions. Requiring reporting of animal waste air emissions may advance the community right-to-know aspect of EPCRA by providing the public with information that may impact their health and the environment. This information may advance EPA's environmental justice goals of increasing the awareness of the potential impact these emissions have on communities with environmental justice concerns. We solicit comments on all aspects of this potential action.
Adoption and Submittal of State Plans for Designated Facilities: Implementing Regulations Under Clean Air Act Section 111(d)
The Environmental Protection Agency (EPA) is finalizing amendments to the regulations that govern the processes and timelines for state and Federal plans to implement emission guidelines under Clean Air Act (CAA) New Source Performance Standards for existing sources (the ``implementing regulations''). The amendments include revisions to the timing requirements for state and the EPA actions related to plans; the addition of mechanisms to improve flexibility and efficiency in plan processes; and new requirements for demonstration of timely meaningful engagement with pertinent stakeholdersincluding, but not limited to, industry, small businesses, and communities most affected by and vulnerable to the impacts of the plan. This action additionally provides a process for states' consideration of `remaining useful life and other factors' (RULOF) in applying a standard of performance; amends the definition of standard of performance in the implementing regulations; and clarifies compliance flexibilities that states may choose to incorporate into state plans, including trading or averaging. Finally, this action adds requirements for the electronic submission of state plans and provides several other clarifications and minor revisions to the implementing regulations.
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