Environmental Protection Agency 2023 – Federal Register Recent Federal Regulation Documents

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds one site to the General Superfund section of the NPL.

The Environmental Protection Agency (EPA) is committed to using and advancing the best available science to tackle per- and polyfluoroalkyl substances (PFAS) pollution, protect public health, and harmonize policies that strengthen public health protections with infrastructure funding to help communities, especially disadvantaged communities, deliver safe drinking water. In March 2021, EPA issued a final regulatory determination to regulate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as contaminants under Safe Drinking Water Act (SDWA). In this notice, EPA is issuing a preliminary regulatory determination to regulate perfluorohexane sulfonic acid (PFHxS), hexafluoropropylene oxide dimer acid (HFPO-DA) and its ammonium salt (also known as a GenX chemicals), perfluorononanoic acid (PFNA), and perfluorobutane sulfonic acid (PFBS), and mixtures of these PFAS as contaminants under SDWA. Through this action, EPA is also proposing a National Primary Drinking Water Regulation (NPDWR) and health-based Maximum Contaminant Level Goals (MCLG) for these four PFAS and their mixtures as well as for PFOA and PFOS. EPA is proposing to set the health-based value, the MCLG, for PFOA and PFOS at zero. Considering feasibility, including currently available analytical methods to measure and treat these chemicals in drinking water, EPA is proposing individual MCLs of 4.0 nanograms per liter (ng/L) or parts per trillion (ppt) for PFOA and PFOS. EPA is proposing to use a Hazard Index (HI) approach to protecting public health from mixtures of PFHxS, HFPO-DA and its ammonium salt, PFNA, and PFBS because of their known and additive toxic effects and occurrence and likely co-occurrence in drinking water. EPA is proposing an HI of 1.0 as the MCLGs for these four PFAS and any mixture containing one or more of them because it represents a level at which no known or anticipated adverse effects on the health of persons is expected to occur and which allows for an adequate margin of safety. EPA has determined it is also feasible to set the MCLs for these four PFAS and for a mixture containing one or more of PFHxS, HFPO-DA and its ammonium salt, PFNA, PFBS as an HI of unitless 1.0. The Agency is requesting comment on this action, including this proposed NPDWR and MCLGs, and have identified specific areas where public input will be helpful for EPA in developing the final rule. In addition to seeking written input, the EPA will be holding a public hearing on May 4, 2023.

The Environmental Protection Agency (EPA or the Agency) is proposing a regulation to revise the technology-based effluent limitations guidelines and standards (ELGs) for the steam electric power generating point source category applicable to flue gas desulfurization (FGD) wastewater, bottom ash (BA) transport water, and combustion residual leachate (CRL) at existing sources. EPA is also soliciting comment on ELGs for legacy wastewater. This proposal is estimated to cost $200 million dollars annually in social costs and reduce pollutant discharges by approximately 584 million pounds per year.

The Environmental Protection Agency (EPA) is notifying the public that we have found motor vehicle emissions budgets (``budgets'') for the Coachella Valley adequate for transportation conformity purposes. Specifically, our finding relates to budgets in the ``Request to Reclassify Coachella Valley for the 2008 8-hour Ozone Standard and the Updated Motor Vehicle Emission Budgets'' (``Coachella Valley Extreme RFP Plan''), submitted to the EPA for inclusion in the California state implementation plan (SIP) by the California Air Resources Board (CARB) on December 7, 2022. Upon the effective date of this notice of adequacy, the Southern California Association of Governments (SCAG) and the U.S. Department of Transportation must use these budgets in future transportation conformity analyses.

EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

The Safer Choice program in the Environmental Protection Agency (EPA) is accepting submissions for its 2023 Safer Choice Partner of the Year Awards. EPA developed the Partner of the Year Awards to recognize the leadership contributions of Safer Choice partners and stakeholders who have shown achievement in the design, manufacture, selection, and use of products with safer chemicals, that further outstanding or innovative source reduction. Similar achievement in the design, manufacture, selection, and use of Design for the Environment (DfE) -certified products will also make an organization eligible for the Partner of the Year Awards. EPA especially encourages submission of award applications that show how the applicant's work in the design, manufacture, selection, and use of those products promotes environmental justice, bolsters resilience to the impacts of climate change, results in cleaner air or water, improves drinking water quality, or advances innovation in packaging.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Implementation of Title I of the Marine Protection, Research, and Sanctuaries Act (EPA ICR Number 0824.08, OMB Control Number 2040-0008) 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 March 31, 2023. Public comments were previously requested via the Federal Register on July 13, 2022 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) is proposing a limited approval and limited disapproval of revisions to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NOX) from industrial, institutional, and commercial boilers, steam generators, and process heaters. We are proposing a limited approval of a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act) because the rule would strengthen the current SIP-approved version of MDAQMD's rule. We are proposing a limited disapproval of this revision because it is inconsistent with the EPA's startup, shutdown, and malfunction (SSM) policy and Credible Evidence Rules. We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Prepared Feeds Manufacturing (EPA ICR Number 2354.06, OMB Control Number 2060-0635) 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 March 31, 2023. Public comments were previously requested via the Federal Register on July 22, 2022 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Chartered Clean Air Scientific Advisory Committee (CASAC) and CASAC Ozone Review Panel to discuss a draft CASAC report on EPA's Ozone Policy Assessment (PA).

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), ``Disinfectants/Disinfection Byproducts, Chemical, and Radionuclides Rules'' (EPA ICR Number 1896.12, OMB Control Number 2040-0204) 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 March 31, 2023. Public comments were previously requested via the Federal Register on December 15, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Steel Plants: Electric Arc Furnaces and Argon Oxygen Decarburization Vessels (EPA ICR Number 1060.20, OMB Control Number 2060-0038), 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 March 31, 2023. Public comments were previously requested via the Federal Register on April 8, 2022 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 approve Washington State Implementation Plan (SIP) revisions submitted on August 10, 2022. The submitted revisions incorporate the most recent updates to Washington's Smoke Management Plan and reflect state legislative and regulatory changes. The revisions include earlier notification of burn decisions, revise the burn approval criteria to better align with state law, remove the prohibition against summer weekend burning; and allow previously prohibited burning in urban growth areas subject to an approval process that requires consideration of the impact of the approval on air quality. EPA is proposing to approve the revisions based our determination that the revisions are consistent with Clean Air Act requirements.

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.

Notice is hereby given that the Environmental Protection Agency (EPA) has posted on its website a draft guidance document titled, ``Draft Guidance on the Preparation of State Implementation Plan Provisions that Address the Nonattainment Area Contingency Measure Requirements for Ozone and Particulate Matter.'' The EPA invites the public to review and provide input on certain issues in its draft guidance document during the comment period specified in the DATES section. The issues for which EPA is seeking input are identified in sections 3, 4, and 5 of the draft guidance document.

The Environmental Protection Agency (EPA or ``Agency'') is seeking public nominations of scientific and technical experts that EPA can consider for service as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the ``2023 Draft Supplement to the 1,4-Dioxane Risk Evaluation.'' The draft supplement will be released for public review and comment in June of 2023. EPA is also planning to submit the draft supplement to the SACC for peer review and is scheduling a 4-day virtual public meeting for the SACC to consider and review the draft supplement in September of 2023.

In the Proposed Rules section of this Federal Register, EPA is proposing conditional approval of Michigan's State Implementation Plan (SIP), as revised on December 20, 2022, for attaining the 2010 1-hour primary sulfur dioxide (SO2) national ambient air quality standard (NAAQS). Based on that proposed conditional approval, EPA is making an interim final determination (IFD) by this action. Although this action is effective upon publication, EPA will take comment on this interim final determination.

Notice is hereby given by the U.S. Environmental Protection Agency (EPA), Region 8, of a prospective lessee agreement between the United States, the State of South Dakota, Agnico Eagle Mines Limited, and Agnico Eagle (USA) Limited (collectively ``Agnico''), at the Gilt Edge Mine Superfund Site in Lawrence County, South Dakota (Agreement). The agreement provides that Agnico will perform a reuse assessment, including surface and subsurface sampling, and pay at least $2.5 million annually to cover the cost of water treatment and site operations at the Gilt Edge Mine Site during the pendency of the Agreement. In exchange, the United States and the State of South Dakota covenant not to sue Agnico for Existing Contamination, work (including subsurface and surface sampling) conducted by Agnico, and certain payments as defined in the agreement.

The EPA Science Advisory Board (SAB) Staff Office announces two public meetings of the Clean Air Scientific Advisory Committee (CASAC) Lead Panel. A public meeting will be held for the CASAC Lead Panel to receive a briefing from EPA on the Integrated Science Assessment (ISA) for the National Ambient Air Quality Standards for Lead (External Review Draft). A second public meeting will be held for the panel to peer review the ISA and to provide a consultation on the Integrated Review Plan (IRP) for Review of the National Ambient Air Quality Standards for Lead, Volume 3: Planning for Quantitative Exposure/Risk Analyses (External Review Draft).

The Environmental Protection Agency (EPA) seeks input on criteria to help align and ensure consistency across radon service provider credentialing programs operated by certification bodies and states. The criteria reflect stakeholder feedback received in response to a 2017 Federal Register Notice on the same subject and consideration of conformity assessment practices in place across the federal government. The EPA is soliciting comment on these criteria. The comments will inform development of the final version of the criteria.

The Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of certain TSCA submissions when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs), submitted to EPA under TSCA. This document presents statements of findings made by EPA on such submissions during the period from December 1, 2022, to December 31, 2022.

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Alabama State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by Alabama and approved by EPA. EPA is also notifying the public of corrections to the Code of Federal Regulations (CFR) tables that identify material incorporated by reference into the Alabama SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

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 2/1/ 2023 to 2/28/2023.

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its Good Neighbor Environmental Board. Approximately ten vacancies are expected to be filled by December 2023. For appointment consideration, nominations should be submitted by May 31, 2023. Sources in addition to this Federal Register Notice may also be utilized in the solicitation of nominees.