Environmental Protection Agency 2023 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is approving revisions to the volatile organic compound (VOC) rules contained in the Indiana State Implementation Plan (SIP). The Indiana Department of Environmental Management (Indiana) modified its rules to allow the use of a VOC control device for cold cleaning degreasing operations as a compliance option to using low vapor pressure solvent for cleaning or degreasing machine parts. Rule language was also updated for clarity and consistency. EPA proposed to approve this action on August 30, 2023, and received no adverse comments.

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.

The Environmental Protection Agency (EPA or ``Agency'') is taking final action to approve portions of state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA or ``Act'') requirements for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ``standards'') in the San Joaquin Valley PM2.5 nonattainment area. Specifically, the EPA is approving those portions of the submitted SIP revisions as they pertain to the Serious nonattainment area and CAA section 189(d) requirements for the 1997 annual PM2.5 NAAQS, except for the requirement for contingency measures which will be addressed in a separate rulemaking. In addition, the EPA is approving the 2020 and 2023 motor vehicle emissions budgets and the trading mechanism for use in transportation conformity analyses for the 1997 annual PM2.5 NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve a State implementation plan (SIP) revision submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), via a letter dated February 2, 2021. The SIP revision includes the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the Birmingham, Alabama maintenance area (Birmingham Area or Area). The Birmingham 2006 24-hour PM2.5 maintenance area is comprised of Jefferson County, Shelby County, and a portion of Walker County. EPA is proposing to approve the Birmingham Area LMP because it provides for the maintenance of the 2006 24-hour PM2.5 NAAQS within the Birmingham Area through the end of the second 10-year portion of the maintenance period in 2034. The effect of this action would be to incorporate into the Alabama SIP certain commitments related to maintenance of the 2006 24-hour PM2.5 NAAQS in the Birmingham Area, making them federally enforceable. EPA is also starting the adequacy process, consistent with requirements in the transportation conformity rule, for this LMP.

This regulation establishes tolerances for residues of dodine in or on Fruit, pome, group 11-10; Fruit, stone, group 12-12; Nut, tree, group 14-12; and Olive, with pit. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is proposing to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which North Carolina is the designated COA. North Carolina's requirements discussed in this document are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.

Notice is hereby given that the State of Texas is revising its approved Public Water System Supervision (PWSS) program. Texas has adopted the Environmental Protection Agency (EPA) drinking water rules for the Revised Total Coliform Rule (RTCR) and Ground Water Rule (GWR). Therefore, EPA has approved these PWSS program revision packages following a public hearing period.

This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the diazinon products listed in Table 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an October 23, 2023, Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the October 23, 2023, notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received a comment on the notice, but it did not merit further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

The U.S. Environmental Protection Agency (EPA) proposes to establish new and revised human health water quality criteria for certain pollutants in the state of Florida. On December 1, 2022, the EPA issued an Administrator's Determination that Florida's existing human health criteria (HHC) are not protective of Florida's designated uses and that additional HHC are needed for certain priority toxic pollutants for which Florida currently lacks any HHC. Accordingly, the EPA is proposing new and revised HHC to protect the human health designated uses of Florida's waters.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is disapproving a State Implementation Plan (SIP) revision submitted by the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), on November 20, 2016, and supplemented on June 9, 2017. The submittals were in response to the EPA's national SIP call on June 12, 2015, concerning excess emissions during periods of Startup, Shutdown, and Malfunction (SSM). EPA is finalizing a determination that the revision to the SIP in the submittals does not correct the deficiency with the Louisiana SIP identified in the June 12, 2015 SIP call. We are taking this action in accordance with section 110 of the Act.

Because the EPA received adverse comment on eight amendments in the direct final rule published on August 9, 2023, we are withdrawing amendments to specific provisions through correction to the direct final rule.

The Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have developed the Draft National Strategy for Reducing Food Loss and Waste and Recycling Organics (``draft Strategy'') to help prevent the loss and waste of food, where possible, increase recycling of food and other organic materials to support a more circular economy for all, reduce greenhouse gas emissions, save households and businesses money, and build cleaner and healthier communities. Individually and collectively, the EPA, USDA and FDA are working toward reducing food loss and waste through their Federal interagency collaboration. This Notice provides the public with an opportunity to share input on the draft Strategy, which identifies the EPA, USDA and FDA actions and asks where they can work collaboratively with each other and partners to reduce food loss and waste and recycle organics. These Federal agencies are seeking public comment from diverse partners across the food system. The EPA, USDA and FDA will consider the comments received on this draft Strategy, finalize it, and begin implementation of the final Strategy in 2024.

The Environmental Protection Agency (EPA) is approving into the Ohio State Implementation Plan (SIP) a source-specific volatile organic compound (VOC) limit, excluding water and exempt solvents, for the applicable process lines at Forest City Technologies, Plant 4, in Wellington, Ohio as contained in the June 23, 2020, operating permit issued by the Ohio Environmental Protection Agency. On August 14, 2023, EPA proposed to approve this action and received no adverse comments.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR) entitled ``Environmental Protection Agency (EPA) Pollution Prevention (P2) Awards Program'' (EPA ICR Number: 2614.02, OMB Control Number: 2008-0004) 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 August 31, 2024.

On October 24, 2023, the Environmental Protection Agency (EPA) sent the Commonwealth of Virginia (Virginia) a letter acknowledging that Virginia's delegation of authority to implement and enforce the National Emissions Standards for Hazardous Air Pollutants (NESHAPs) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public, EPA is making available a copy of EPA's letter to Virginia through this notice.

On August 31, 2022, EPA announced its final cancellation order for 16 chlorpyrifos products, voluntarily requested by the registrants and accepted by the Agency, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This notice amends the existing stocks terms of that cancellation order with respect to one product Liberty Chlorpyrifos 4E registered by Liberty Crop Protection, LLC, and its supplemental distributor product, Vesper, registered by Innvictis Crop Care, LLC (Innvictis).

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 Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Florida Department of Environmental Protection (FDEP) on April 1, 2022. The proposed revision corrects definitions, updates, and removes outdated references, clarifies rule applicability in several rules within the Florida SIP, and removes methods to determine visible emissions.

All ten Environmental Protection Agency (EPA) Regions are proposing for public comment the draft 2026 National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) the draft 2026 PGP. The draft 2026 PGP covers point source discharges from the application of pesticides to waters of the United States. Once finalized, the draft 2026 PGP will replace the existing permit, the 2021 PGP, which was issued for a five-year term in the Federal Register on October 31, 2021, and expires October 31, 2026, at midnight. The draft 2026 PGP largely has the same conditions and requirements as EPA's previously issued PGPs, and would authorize certain point source discharges from the application of pesticides to waters of the United States in accordance with the terms and conditions described therein. EPA proposes to issue this permit for five (5) years in all areas of the country where EPA is the NPDES permitting authority. EPA solicits public comment on all aspects of the draft 2026 PGP. This Federal Register document describes the draft 2026 PGP in general and seeks comment as described in Section III.C of this document. The Fact Sheet accompanying the permit contains supporting documentation. EPA encourages the public to read the Fact Sheet to better understand the draft 2026 PGP.

The Environmental Protection Agency (EPA) is approving adoptions, repeals, and amendments to the New Jersey State Implementation Plan (SIP) concerning exemptions to improve resiliency during emergency situations, updates to hazardous air pollutant (HAP) reporting thresholds, updates to the certification and submission of emission statements, and the addition of Federal New Source Review (NSR) requirements for fine particles (PM2.5). The intended effect of New Jersey's revisions are to enable government and business entities to be more resilient during and following disruptions from natural and human-caused disasters; update HAP unit risk factors and reference concentrations to reflect current research, scientific, and technological advancements; update provisions to require the reporting of PM2.5 and ammonia (NH3) emissions at the source level and update the electronic reporting of emission statements to adapt with advancements and Federal requirements; and conform the State's rules on air permits to the EPA's NSR requirements for PM2.5 to ensure a source does not adversely impact the EPA-established National Ambient Air Quality Standards (NAAQS). Other revisions New Jersey made, which the EPA is approving with this notice of final rulemaking, will conform administrative penalties to the approved rules and correct errors and inconsistencies throughout the State's SIP. This action is being taken in accordance with the requirements of the Clean Air Act. The EPA proposed to approve this rule on September 28, 2023, and received no comments.