Environmental Protection Agency May 2024 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove the regional haze state implementation plan (SIP) revision submitted by Arizona on August 15, 2022 ("2022 Arizona Regional Haze Plan"), under the Clean Air Act (CAA) and the EPA's Regional Haze Rule for the program's second implementation period. Arizona's SIP submission addresses the requirement that states must periodically revise their long-term strategies for making reasonable progress towards the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility, including regional haze, in mandatory Class I Federal areas. The SIP submission also addresses other applicable requirements for the second implementation period of the regional haze program. Within this action, the EPA is also proposing to disapprove the visibility transport prong of Arizona's infrastructure SIP submittals for the 2012 annual fine particulate matter (PM2.5) and 2015 ozone National Ambient Air Quality Standards (NAAQS). The EPA is taking this action pursuant to CAA sections 110 and 169A.

The U.S. Environmental Protection Agency (EPA or the agency) is proposing a regulatory framework for states and public water systems (PWSs) to identify and assess restructuring alternatives to ensure that every community receives safe, affordable, and reliable drinking water. The proposed regulations would: establish a new mandatory restructuring assessment authority for states; require states with primary enforcement authority (primacy) to develop mandatory restructuring assessment programs and submit primacy revisions for EPA review and approval; establish requirements for states and PWSs that implement system-specific mandatory restructuring assessments; and establish eligibility requirements and limitations for restructuring incentives under state-approved restructuring plans. This proposed rulemaking is required under amendments to the Safe Drinking Water Act (SDWA). By taking this action, the EPA intends to strengthen the ongoing efforts of states and PWSs to protect public health.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Notification of Chemical Exports under TSCA Section 12(b) (EPA ICR Number 0795.17, and OMB Control Number 2070-0030) 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 May 31, 2024. Public comments were previously requested via the Federal Register on September 22, 2023 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), School Integrated Pest Management Awards Program, (EPA ICR Number 2531.03 and OMB Control Number 2070- 0200) 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 May 31, 2024. Public comments were previously requested via the Federal Register on August 14, 2023 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), "Drug Testing for Contractor Employees (Renewal)" (EPA ICR No. 2183.09, OMB Control No. 2030-0044) 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 July 31, 2024. An Agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Materials Management (EPA ICR Number 2789.01, OMB Control Number 2050-NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a request for approval of a new collection. Public comments were previously requested on the overall collection via the Federal Register on September 29, 2023, during a 60- day comment period. This notice allows for an additional 30 days for public comments on this specific information request.

The Environmental Protection Agency (EPA) is proposing to correct the erroneous incorporation of cross-references into the North Carolina State Implementation Plan (SIP) using the Clean Air Act (CAA or Act) error correction provision. EPA has determined that portions of its May 23, 2019, July 17, 2020, and March 1, 2021, final SIP rulemaking actions were in error and that it is appropriate to correct those actions by removing specific cross-references in the permitting rules from the SIP.

The Environmental Protection Agency (EPA) is granting the New Hampshire Department of Environmental Services (NH DES) the authority to implement and enforce the state's amended Asbestos Disposal Site Rule in place of the National Emission Standard for Asbestos provisions for inactive waste disposal sites. NH DES's amended rule applies to all inactive waste disposal sites that ceased operation on or before July 9, 1981. This approval makes the NH DES amended Asbestos Disposal Site Rule federally enforceable. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office requests public nominations of scientific experts to form a Panel to review the draft analyses to support EPA's revisions of the Microbial and Disinfection Byproducts (MDBP) National Primary Drinking Water rules. EPA is currently conducting analyses to evaluate eight (i.e., chlorite, Cryptosporidium, haloacetic acids, heterotrophic bacteria, Giardia lamblia, Legionella, total trihalomethanes, and viruses) National Primary Drinking Water Regulations (NPDWRs) for potential regulatory revisions with a consideration of risk tradeoffs across microbial control versus disinfection byproduct formation. EPA is exploring approaches to determine how public water systems (PWSs) can achieve enhanced precursor removal to reduce disinfection byproduct (DBP) formation in drinking water. EPA's analysis summarizes the current literature on DBP precursor occurrence and treatment, identifies technology based on effectiveness and feasibility, and determines the unit cost of technologies for enhanced removal. EPA is also preparing analyses to support a numerical disinfectant residual requirement within the drinking water distribution system. This analysis will include an inventory on vulnerable PWSs, feasibility studies for maintaining a numerical disinfectant residual, and methods for assessing effectiveness of a numerical residual in controlling microbial growth in the distribution system including for opportunistic pathogens such as Legionella. The SAB MDBP Revisions Review Panel will consider whether the conclusions found in the EPA's analyses are clearly presented and scientifically supported. The Panel will also be asked to provide recommendations on how the analyses may be strengthened.

In this notice, the Environmental Protection Agency (EPA) is notifying the public that we have found that the Limited Maintenance Plan for PM2.5 for the New Jersey portion of the New York- Northern New Jersey-Long Island, NNJ-NY-CT, and Philadelphia- Wilmington, PA-NJ-DE, PM2.5 maintenance areas, submitted by the New Jersey Department of Environmental Protection on July 6, 2023, is adequate for transportation conformity purposes. This revision to the State Implementation Plan is associated with the second ten-year PM2.5 Limited Maintenance Plan.

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) has submitted an information collection request, "Servicing of Motor Vehicle Air Conditioners (Renewal)" (EPA ICR No. 1617.10, OMB Control No. 2060- 0247) to the Office of Management and Budget for review and approval in accordance with the Paperwork Reduction Act. Before doing so, the Agency is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the information collection request, which is currently approved through December 31, 2024. This notice allows for 60 days for public comments.

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 4/01/ 2024 to 4/30/2024.

The Environmental Protection Agency (EPA or "Agency") is announcing the availability of and soliciting public comment on the draft manufacturer-requested risk evaluation for Di-isodecyl Phthalate (DIDP) and the draft physical chemical, fate, and hazard assessments for Di-isononyl Phthalate (DINP) prepared under the Toxic Substances Control Act (TSCA). The draft documents will also be submitted to the Science Advisory Committee on Chemicals (SACC) for peer review. EPA is also announcing that there will be two virtual public meetings of the SACC: On July 23, 2024, for the SACC to consider the scope and clarity of the draft charge questions for the peer review; and on July 30- August 2, 2024, for the SACC to consider the draft documents and public comments for peer review.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Georgia Department of Natural Resources (GA DNR) Environmental Protection Division (EPD) on September 28, 2023, for the purpose of clarifying requirements for gasoline transport vehicles and making minor administrative changes. EPA is proposing to approve Georgia's September 28, 2023, SIP revision pursuant to the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is proposing to revise its December 14, 2020 action that fully approved two state implementation plan (SIP) revisions, both submitted to EPA on August 13, 2018 by the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP). Those SIP revisions addressed reasonably available control technology (RACT) requirements for the 2008 ozone national ambient air quality standards (NAAQS), including those related to control technique guidelines (CTGs) for volatile organic compounds (VOC) and the addition of regulations controlling VOC emissions from industrial cleaning solvents. The SIP revisions also included certain clarifying amendments to Pennsylvania code related to major source RACT regulations. Upon reconsideration, EPA is proposing to revise its prior action to partially approve and partially disapprove the August 13, 2018 submittals. Specifically, EPA is proposing approval of certain clarifying amendments as well as a negative declaration submitted by PADEP. EPA is proposing disapproval of the remainder of both SIP submittals related to CTGs and control of VOC emissions from industrial cleaning solvents. This action is being taken under the Clean Air Act (CAA).

Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the State of Missouri's Underground Storage Tank (UST) program submitted by the Missouri Department of Natural Resources (MDNR). This action is based on the EPA's determination that these revisions satisfy all requirements needed for program approval. This action also proposes to codify EPA's approval of Missouri's State program and incorporate by reference those provisions of the State regulations that we have determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities RCRA and other applicable statutory and regulatory provisions.

The Environmental Protection Agency (EPA) is proposing to approve an October 27, 2023, submittal from the Wisconsin Department of Natural Resources (WDNR) to align provisions approved in the Wisconsin State Implementation Plan (SIP) with current Wisconsin administrative rules and statutes. WDNR requested that certain provisions previously approved into the Wisconsin SIP under now obsolete numbering schemes be renumbered to ensure citations in the Wisconsin SIP reflect the current numbering systems of the Wisconsin Administrative Code (WAC) and the Wisconsin Statutes (Wis. Stats.). WDNR also requested that EPA approve rule and statute provisions that have been revised since they were approved into the Wisconsin SIP. Finally, WDNR requested removal of rules and statutes from the Wisconsin SIP that are no longer in effect in Wisconsin. Approval of these changes in the Wisconsin SIP will not impact the state's air quality or ability to meet Clean Air Act (CAA) requirements.

The Environmental Protection Agency (EPA) is retroactively applying the approved modification of the Federal Equivalent Method (FEM) designation for the Teledyne Advanced Pollution Instrumentation Model T640 particulate matter (PM) mass monitor including the 640X option (hereafter T640 and T640X) to all of the concentration data for PM with a diameter 2.5 micrometers or smaller (PM2.5) from the T640 and T640X monitors in the EPA's Air Quality System (AQS) that was reported prior to the modification. The EPA processed the unmodified hourly PM2.5 concentration data in AQS using collocated or paired ambient temperature when available.

The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Delaware (Delaware SIP). This revision approves amendments Delaware made to its underlying regulation to standardize the public notices requirements across various permits covered by Delaware regulation 1102. That process will be consistent with EPA's October 18, 2016 final rule which amended the notice and comment requirements for title V, new source review and outer continental shelf (OCS) permit programs. EPA is approving these revisions to the Delaware SIP in accordance with the requirements of the Clean Air Act (CAA).

This action finalizes amendments to the New Source Performance Standards (NSPS) that apply to the Synthetic Organic Chemical Manufacturing Industry (SOCMI) and amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) that apply to the SOCMI (more commonly referred to as the Hazardous Organic NESHAP or HON) and Group I and II Polymers and Resins (P&R I and P&R II, respectively) Industries. The EPA is finalizing decisions resulting from the Agency's technology review of the HON and the P&R I and P&R II NESHAP, and its review of the NSPS that apply to the SOCMI. The EPA is also finalizing amendments to the NSPS for equipment leaks of volatile organic compounds (VOC) in SOCMI based on its reconsideration of certain issues raised in an administrative petition for reconsideration. Furthermore, the EPA is finalizing emission standards for ethylene oxide (EtO) emissions and chloroprene emissions after considering the results of a risk assessment for the HON and for Neoprene Production processes subject to the P&R I NESHAP, and is finalizing a fenceline monitoring work practice standard for certain hazardous air pollutants (HAP). Lastly, the EPA is finalizing the removal of exemptions from standards for periods of startup, shutdown, and malfunction (SSM), adding work practice standards for such periods where appropriate, finalizing standards for previously unregulated HAP, and adding provisions for electronic reporting of performance test reports and periodic reports.

The State of South Dakota Department of Agriculture and Natural Resources (DANR) has applied to the EPA for final approval of the changes to its Underground Storage Tank (UST) program under the Resource Conservation and Recovery Act (RCRA). The EPA has reviewed South Dakota's application and determined that South Dakota's UST program revisions satisfy all requirements needed for program approval. This action also codifies the EPA's approval of South Dakota's State program and incorporates by reference those provisions of the State's regulations that we have determined meet the requirements for approval.

The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) (the Federal agencies) invite public comment on the Federal agencies' proposed finding that Alabama has satisfied each of the conditions the agencies included as part of their 1998 approval of Alabama's coastal nonpoint pollution control program (coastal nonpoint program). The Coastal Zone Act Reauthorization Amendments (CZARA) directs States and territories with coastal zone management programs previously approved under section 306 of the Coastal Zone Management Act to develop and implement coastal nonpoint programs, which must be submitted to the Federal agencies for approval. Prior to making such a finding, NOAA and the EPA invite public input on the two agencies' rationale for this proposed finding.

This regulation establishes tolerance for residues of tetraniliprole in or on tea, dried at 80 ppm. Bayer CropScience LP requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).