Environmental Protection Agency 2023 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) announces the deletion of three sites and the partial deletion of eight sites from the Superfund National Priorities List (NPL). The NPL, created under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the states, through their designated State agencies, have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

This regulation establishes tolerances for residues of fluxapyroxad in or on avocado; stevia, dried leaves; and stevia, fresh leaves and revises the tolerance for residues of fluxapyroxad in or on coffee, green bean. Interregional Project Number 4 (IR-4) and BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is proposing amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Coke Ovens: Pushing, Quenching, and Battery Stacks (PQBS) source category, and the NESHAP for the Coke Oven Batteries (COB) source category. This proposal presents the results of the residual risk and technology review (RTR) conducted as required under the Clean Air Act (CAA) for the PQBS source category, and the periodic technology review for the COB source category, also required under the CAA. The EPA is proposing that risks due to emissions of hazardous air pollutants (HAP) from the PQBS source category are acceptable and that the current NESHAP provides an ample margin of safety to protect public health. Under the technology review for PQBS NESHAP, we are proposing there are no developments in practices, processes or control technologies that necessitate revision of standards for this source category. Under the technology review for the COB source category, the EPA is proposing amendments to the NESHAP to lower the limits for leaks from doors, lids, and offtakes to reflect improvements in technology to minimize emissions. We also are proposing a requirement for fenceline monitoring for benzene (as a surrogate for coke oven emissions) and a requirement to conduct root cause analysis and corrective action upon exceeding an action level. In addition, we are proposing: (1) new standards for several unregulated HAP or sources of HAP at facilities subject to PQBS NESHAP; (2) the removal of exemptions for periods of startup, shutdown, and malfunction consistent with a 2008 court decision, and clarifying that the standards apply at all times for both source categories; and (3) the addition of electronic reporting for performance test results and compliance reports. We solicit comments on all aspects of this proposed action.

New Hampshire has applied to the Environmental Protection Agency (EPA) for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. The EPA has reviewed New Hampshire's application and has determined that these revisions satisfy all requirements needed to qualify for final authorization. Therefore, we are taking direct final action to authorize the State's changes. In the ``Proposed Rules'' section of this issue of the Federal Register, the EPA is also publishing a separate document that serves as the proposal to authorize these revisions. Unless the EPA receives written comments that oppose this authorization during the comment period, the decision to authorize New Hampshire's revisions to its hazardous waste program will take effect.

The Environmental Protection Agency (EPA) is taking final action to approve three 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). These SIP revisions address the South Coast Air Quality Management District (SCAQMD or ``District''), Imperial County Air Pollution Control District (ICAPCD or ``District''), and Ventura County Air Pollution Control District (VCAPCD or ``District'') portions of the California SIP. This action is being taken pursuant to the Clean Air Act (CAA or ``Act'') and its implementing regulations.

The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act (CAA), revisions to the State Implementation Plan (SIP) submitted by the Illinois Environmental Protection Agency on October 22, 2020, and February 14, 2023. The revisions address the emissions inventory requirements for the Chicago and Metro-East nonattainment areas under the 2015 ozone National Ambient Air Quality Standard. The Chicago nonattainment area includes Cook, DuPage, Grundy (Aux Sable and Goose Lake Townships), Kane, Kendall (Oswego Township), Lake, McHenry, and Will counties. The Metro- East nonattainment area includes Madison, Monroe, and St. Clair counties. The CAA requires emissions inventories for all ozone nonattainment areas.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Implementation of the Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards (Renewal) (EPA ICR Number 2258.06; OMB Control Number 2060- 0611) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the 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 January 31, 2024. This notice allows for 60 days for public comments.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Greenhouse Gas Reduction Fund (GGRF) Accomplishment Reporting (EPA ICR Number 2783.01, OMB Control Number 2090-NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a request for approval of a new collection. This notice allows for 60 days for public comments.

On July 13, 2023, the Environmental Protection Agency (EPA) published a final rule in the Federal Register approving the ``Coso Junction PM10 Planning Area Second 10-Year Maintenance Plan'' as a revision to the state implementation plan (SIP) for the State of California. In that rulemaking, the EPA inadvertently published a numbering error in the regulatory text codifying the approval in the Code of Federal Regulations (CFR). This document corrects the error in the final rule's regulatory text.

The Environmental Protection Agency (EPA) is proposing to approve and disapprove portions of a state implementation plan (SIP) revision submitted by the State of Colorado to meet Clean Air Act (CAA) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) in the Denver Metro/North Front Range nonattainment area (DMNFR Area). Specifically, the EPA is proposing approval of the submitted enhanced monitoring SIP element as meeting applicable Serious area requirements for the 2008 8-hour ozone NAAQS, and is proposing disapproval of the contingency measure element and certain reasonably available control technology (RACT) SIP submittals. The EPA is taking this action pursuant to the CAA.

The Environmental Protection Agency (EPA) is proposing the Agency's first comprehensive revision to the regulations governing Clean Water Act (CWA) section 404 Tribal and State programs since 1988. The primary purpose of the proposed revision is to respond to longstanding requests from Tribes and States to clarify the requirements and processes for assumption and administration of a CWA section 404 permitting program for discharges of dredged and fill material. The proposed revisions would facilitate Tribal and State assumption of the section 404 program, consistent with the policy of the CWA as described in section 101(b), by making the procedures and substantive requirements for assumption transparent and straightforward. It clarifies the minimum requirements for Tribal and State programs while allowing for flexibility in how these requirements are met. In addition, the proposed rule clarifies the criminal negligence standard for both the CWA section 402 and section 404 programs. Finally, the proposed rule makes technical revisions to remove outdated references associated with the section 404 Tribal and State program regulations.

In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on the following Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): ``School Integrated Pest Management Awards Program,'' identified by EPA ICR No. 2531.03 and OMB Control No. 2070-0200. This ICR represents a renewal. This ICR will expire on May 31, 2024. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

The Environmental Protection Agency (EPA) is announcing a public webinar on the new regulatory provisions of the Renewable Fuel Standard (RFS) program.

The Environmental Protection Agency (EPA) is proposing to approve a portion of a State Implementation Plan (SIP) revision submitted by the Florida Department of Environmental Protection (FDEP) on April 1, 2022, for the purpose of removing several rules from the Florida SIP. EPA is proposing to remove the State's Clean Air Interstate Rule (CAIR) rules from the Florida SIP as well as several Reasonably Available Control Technology (RACT) rules for particulate matter (PM) because these rules have become obsolete. The State has provided a non-interference demonstration to support the removal of these rules from the Florida SIP pursuant to the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is approving 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 EPA is approving the revisions based on our determination that the revisions are consistent with Clean Air Act requirements.

This regulation establishes an exemption from the requirement of a tolerance for residues of (2S)-5-Oxopyrrolidine-2-carboxylic Acid (L-PCA) in or on all food commodities when used as a plant growth regulator in accordance with label directions and good agricultural practices. Exponent, on behalf of Verdesian Life Sciences U.S., LLC, submitted a petition, pursuant to the Federal Food, Drug, and Cosmetic Act (FFDCA), asking the EPA to amend its regulations to establish an exemption from the requirement of a tolerance for residues of the pesticide, when used as a plant growth regulator on agricultural crops, turf and ornamental plants. Instead, EPA is establishing an exemption from the requirement of a tolerance for residues L-PCA in or on all food commodities when applied in buffered end-use products and used in accordance with label directions and good agricultural practices. This regulation eliminates the need to establish a maximum permissible level for residues of L-PCA when used in accordance with this exemption.

The Environmental Protection Agency (EPA) is finalizing the approval of changes to the North Carolina State Implementation Plan (SIP), submitted by the State of North Carolina through the North Carolina Division of Air Quality (NCDAQ) through a letter dated September 10, 2021. The SIP revision includes changes to the State's air pollution control requirements in the SIP that modify several definitions, clarify its applicability requirements, adjust the requirement for fugitive dust control plan submissions, and make minor language and formatting changes. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is approving Tennessee's July 31, 2019, State Implementation Plan (SIP) submission pertaining to the ``good neighbor'' provision of the Clean Air Act (CAA or Act) for the 2010 1-hour sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The good neighbor provision requires each State's implementation plan to contain adequate provisions prohibiting the interstate transport of air pollution in amounts that will contribute significantly to nonattainment, or interfere with maintenance, of a NAAQS in any other State. EPA has determined that Tennessee will not contribute significantly to nonattainment or interfere with maintenance of the 2010 1-hour SO2 NAAQS in any other State. Therefore, EPA is approving the July 31, 2019, SIP revision as meeting the requirements of the good neighbor provision for the 2010 1-hour SO2 NAAQS.

The Environmental Protection Agency (the EPA or the Agency) is taking direct final action on a number of technical corrections that correct or clarify several parts of the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. These technical corrections correct or clarify specific provisions in the existing hazardous waste regulations that were promulgated in the Hazardous Waste Generator Improvements rule, the Hazardous Waste Pharmaceuticals rule, and the Definition of Solid Waste rule. This rule also makes other minor corrections that fall within the same sections of the hazardous waste regulations but are independent of these three rules. Examples of the types of corrections being made in this rule include, but are not limited to, correcting typographical errors, correcting incorrect or outdated citations, making minor clarifications, and updating addresses.

The Environmental Protection Agency (EPA) is approving a revision to the Alaska State Implementation Plan (SIP) submitted on May 16, 2022. In the submission, Alaska revised and repealed State regulations originally put in place to limit water vapor emissions that may contribute to ice fog and to address the use of high-sulfur marine fuels near the communities of St. Paul Island and Unalaska. Alaska determined that the regulations are obsolete due to technology improvements and regulatory changes, including Federal sulfur content in fuel restrictions. The State requested that the SIP be updated to reflect the revised and repealed State regulations. We have determined the submitted revision will not interfere with attainment of the national ambient air quality standards or other applicable requirements of the Clean Air Act.

EPA will hold an Environmental Modeling Public Meeting (EMPM) on Tuesday, October 10, 2023, with participation by in-person, phone, and webcast. This Notice announces the meeting and provides information on its theme. The EMPM provides a public forum for EPA and its stakeholders to discuss current issues related to modeling pesticide fate, transport, exposure, and ecotoxicity for pesticide risk assessments in a regulatory context.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Transportation Conformity Determinations for Federally Funded and Approved Transportation Plans, Programs, and Projects'' (EPA ICR No. 2130.07, OMB Control No. 2060-0561), 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 February 29, 2024.