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

The Environmental Protection Agency (EPA) is extending the comment period for a proposed rule published July 11, 2024. The current comment period for the proposed rule was scheduled to close on August 12, 2024. In response to a request in a public comment, EPA is extending the comment period for the proposed action to September 11, 2024.

Under the Clean Air Act (CAA or the "Act"), the Environmental Protection Agency (EPA) is granting a request from the Commonwealth of Pennsylvania and the States of New Jersey, Maryland, and Delaware to reclassify the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE ozone nonattainment area from "Moderate" to "Serious" for the 2015 8-hour ozone national ambient air quality standards (2015 ozone NAAQS).

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 October 12, 2022. The State is requesting amendments to allow the option for aerospace parts and products coating operations in Florida to comply with the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements in lieu of the volatile organic compound (VOC) standards in Florida's Surface Coating of Miscellaneous Metal Parts and Products (MMPP) rule (hereinafter referred to as FL MMPP Rule) in the Florida SIP. The State has provided information in its October 12, 2022, submission to support the amendments to the FL MMPP Rule in the Florida SIP pursuant to the Clean Air Act (CAA or Act). EPA is proposing to determine that the changes included in Florida's October 12, 2022, submission are consistent with the applicable provisions of the CAA.

Under the Clean Air Act (CAA or the "Act"), the Environmental Protection Agency (EPA) is granting a request from the State of Connecticut to reclassify the Greater Connecticut ozone nonattainment area from "Moderate" to "Serious" for the 2015 8-hour ozone national ambient air quality standards (NAAQS). This action does not reclassify any areas of Indian country within the boundaries of this ozone nonattainment area.

The Environmental Protection Agency (EPA) or (the Agency) is finalizing certain amendments to the hazardous waste manifest regulations, and the hazardous waste electronic manifest (e-Manifest) regulations under the Resource Conservation and Recovery Act (RCRA) to increase utility of the e-Manifest system in delivering benefits to reduce administrative burden and improve tracking of hazardous waste shipments, and to various related regulations. Among other things, EPA is finalizing changes to manifest regulations for shipments of hazardous waste that are exported for treatment, storage, and disposal. EPA is also finalizing regulatory changes to the hazardous waste export and import shipment international movement document-related requirements to more closely link the manifest data with the international movement document (hereafter referred to as "movement document") data. In addition, EPA is finalizing regulatory amendments to three manifest-related reports (i.e., Discrepancy, Exception, and Unmanifested Waste Reports). EPA is also finalizing conforming regulatory changes to the manifest regulations under the Toxic Substances and Control Act (TSCA) for polychlorinated biphenyls (PCB) wastes to better align these requirements with the RCRA manifest regulations and the e-Manifest program. Lastly, this action makes technical corrections to fix typographical errors in the e-Manifest and movement document regulations.

In accordance with section 113(g) of the Clean Air Act, as amended ("CAA" or "the Act"), the Environmental Protection Agency ("EPA" or "the Agency") is providing notice of a proposed consent decree in State of New York v. Regan, No. 1:23-cv-2767 (D.D.C.). On September 21, 2023, Plaintiffs New York, Alaska, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Vermont, Washington, and the Puget Sound Clean Air Agency (collectively, "Plaintiffs"), filed a complaint in the United States District Court for the District of Columbia alleging that EPA failed to perform certain non-discretionary duties pursuant to the CAA to, at least every 8 years, review and, if appropriate, revise New Source Performance Standards ("NSPS") or to promulgate a determination that such review "is not appropriate in light of readily available information on the efficacy of such standard[s]" for New Residential Wood Heaters ("NSPS subpart AAA") and New Residential Hydronic Heaters and Forced-Air Furnaces ("NSPS subpart QQQQ"). The proposed consent decree would establish deadlines for the EPA Administrator ("Administrator") to either sign proposed and final rulemakings as to these two NSPS subparts, or sign a final determination not to review, in accordance with the Act.

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 May 1, 2024, to May 31, 2024.

The Environmental Protection Agency (EPA) Administrator signed an order dated May 24, 2024 granting a petition dated October 27, 2023 from People Concerned About Chemical Safety (PCACS) and Earthjustice. The petition requested that the EPA object to a Clean Air Act (CAA) title V operating permit issued by the West Virginia Department of Environmental Protection's Division of Air Quality (WVDEP) to Union Carbide Institute Facility for its Logistics Unit and the Catalyst Plant located in Kanawha County, West Virginia.

This action supplements the proposed amendments to the new source performance standards (NSPS) and emission guidelines (EG) for the Other Solid Waste Incineration (OSWI) units source category published in the Federal Register on August 31, 2020. In that action, the Environmental Protection Agency (EPA) proposed changes to OSWI subcategories and related maximum achievable control technology (MACT) floor redeterminations, applicability-related changes and testing and monitoring flexibilities for certain small OSWI units, among other proposed changes. Based on the EPA's analysis of comments received after proposal and discussions with the state of Alaska and tribes, we are proposing to add a definition for a rudimentary combustion device and are asking for specific comment on this definition. We are also proposing to postpone developing standards for such devices.

Under the Clean Air Act (CAA or the "Act"), the Environmental Protection Agency (EPA) is granting a request from the States of New York, New Jersey, and Connecticut to reclassify the New York-Northern New Jersey-Long Island, NY-NJ-CT ozone nonattainment area from "Moderate" to "Serious" for the 2015 8-hour ozone national ambient air quality standards (NAAQS). This action does not reclassify any areas of Indian country within the boundaries of this ozone nonattainment area.

Pursuant to the Solid Waste Disposal Act of 1965, as amended (commonly known as the Resource Conservation and Recovery Act (RCRA)), the Environmental Protection Agency (EPA) is proposing to approve revisions to the Commonwealth of Pennsylvania's Underground Storage Tank (UST) program submitted by the Commonwealth of Pennsylvania (Pennsylvania or State). This action is based on EPA's determination that these revisions satisfy all requirements needed for program approval. This action also proposes to codify EPA's approval of Pennsylvania's state program and to incorporate by reference those provisions of Pennsylvania's regulations and statutes that we have determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA subtitle I and other applicable statutory and regulatory provisions. In the "Rules and Regulations" section of this issue of the Federal Register, EPA is approving this action by a direct final rule. If no significant negative comment is received, EPA will not take further action on this proposed rulemaking, and the direct final rule will be effective 60 days from the date of publication in this Federal Register. If you want to comment on EPA's proposed approval of Pennsylvania's revisions to its state UST program, you must do so at this time.

Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is granting a request by the State of Colorado to reclassify the Denver Metro/North Front Range ozone nonattainment area ("DMNFR) from "Moderate" to "Serious" for the 2015 8-hour ozone national ambient air quality standards (NAAQS).

This regulation establishes an exemption from the requirement of a tolerance for residues of Trichoderma atroviride strain AT10 in or on all food commodities when used in accordance with label directions and good agricultural practices. Agrotecnolog[iacute]as Naturales S.L., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Trichoderma atroviride strain AT10 under FFDCA when used in accordance with this exemption.

The Safe Drinking Water Act (SDWA) requires the U.S. Environmental Protection Agency (EPA or the agency) to conduct a review every six years of existing national primary drinking water regulations (NPDWRs) and determine which, if any, are appropriate for revision. The purpose of the review, called the Six-Year Review, is to evaluate available information for regulated contaminants to determine if any new information on health effects, treatment technologies, analytical methods, occurrence, exposure, implementation, and/or other factors provides a basis to support a regulatory revision that would improve or strengthen public health protection. While EPA has recently completed several significant revisions to existing regulations and other regulatory revisions are currently underway, based on this periodic review of all NPDWRs, there are no additional candidates for regulatory revision at this time.

The Environmental Protection Agency (EPA) is extending the comment period for a proposed rule that published July 3, 2024. The current comment period for the proposed rule was set to end on August 2, 2024. In response to requests from commenters, the EPA is extending the comment period for the proposed action to September 3, 2024.

EPA has received an application proposing to register new uses for a new pesticide product containing a currently registered active ingredient. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on this application.

With this direct final rule, the Environmental Protection Agency (EPA) is promulgating approval of revisions to the Clean Air Act Operating Permit Program (title V) of the South Coast Air Quality Management District (SCAQMD or "District") in California. The EPA is taking this final action in accordance with Federal regulations and the Clean Air Act (CAA or "Act").

The Environmental Protection Agency (EPA) is proposing to approve the regional haze state implementation plan (SIP) revision submitted by Connecticut on January 5, 2022, as satisfying applicable requirements under the Clean Air Act (CAA) and EPA's Regional Haze Rule for the program's second implementation period. Connecticut'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. The EPA is taking this action pursuant to the CAA.

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 6/01/ 2024 to 6/30/2024.

Pursuant to the Federal Advisory Committee Act (FACA), the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will meet on the date and time described below. The meeting is open to the public. For additional information about registering to attend the meeting or to provide public comment, please see "Registration" under SUPPLEMENTARY INFORMATION. Pre-Registration is required.

The Environmental Protection Agency (EPA) is approving revisions to Ohio's particulate matter rules into the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). The revisions to Ohio's particulate matter rules remove provisions for facilities or emissions units that have permanently shut down, update facility names and addresses, and make nonsubstantive revisions to the language of the rules. EPA proposed to approve this action on April 15, 2024, and received two comments.

The Environmental Protection Agency (EPA or Agency) is announcing the availability of and soliciting comment on EPA's proposed interim decisions for the following pesticides: Malathion and mancozeb.

The Environmental Protection Agency (EPA or Agency) is proposing to revoke the tolerance exemption for residues of polytetrafluoroethylene (CAS No. 9002-84-0) under the Federal Food, Drug, and Cosmetic Act (FFDCA) when used as an inert ingredient in pesticide formulations. EPA is proposing to revoke this tolerance exemption because polytetrafluoroethylene, which has been identified as a per- and polyfluoroalkyl substance (PFAS), is no longer used in any registered pesticide product.

This notice announces EPA's order for the cancellations and/or amendments to terminate uses, voluntarily requested by the registrants, and accepted by the Agency, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a May 7, 2024, Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II, to voluntarily cancel and/or amend to terminate uses of these product registrations. In the May 7, 2024, notice, EPA indicated that it would issue an order implementing the cancellations and/or amendments to terminate uses, 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 did not receive any comments on the notice. Further, the registrant for product registration 4-474 withdrew their request for cancellation; therefore, the registration has been removed from this order. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and/or amendments to terminate uses. 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.