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

The Environmental Protection Agency has submitted an information collection request (ICR), "Data Reporting Requirements for State and Local Vehicle Emission Inspection and Maintenance (I/M) Programs" (EPA ICR No.1613.08, OMB Control No. 2060-0252) 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 October 31, 2024. Public comments were previously requested via the Federal Register (89 FR 13910) on March 18, 2024, which included a 60-day comment period ending on May 17, 2024. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), EPA's Methane Challenge and Natural Gas STAR Programs (EPA ICR Number 2547.03, OMB Control Number 2060-0722) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed revision of the current ICR, which is currently approved through December 31, 2024. Public comments were previously requested via the Federal Register on June 5, 2024 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA or Agency) is seeking public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), during the fluorination of high-density polyethylene (HDPE) and other plastic containers to inform regulations as appropriate under the Toxic Substances Control Act (TSCA). This request for public comment follows the Agency's grant on July 10, 2024, of a TSCA petition received on April 11, 2024, which requested that EPA address via TSCA the regulation of PFOA, PFNA, and PFDA formed during the fluorination of plastic containers used for a variety of household consumer, pesticide, fuel, automotive, and other industrial products.

The state of West Virginia has applied to the United States Environmental Protection Agency (EPA) for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these revisions satisfy all requirements needed to qualify for final authorization, subject to public comment. Therefore, in the "Rules and Regulations" section of this Federal Register, we are authorizing West Virginia for these changes as a final action without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Chemical-Specific Rules under the Toxic Substances Control Act; Certain Nanoscale Materials (EPA ICR Number 2517.04 and OMB Control Number 2070-0194), 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 September 30, 2024. Public comments were previously requested via the Federal Register on February 1, 2024 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, under the Clean Air Act (CAA), the limited maintenance plan (LMP) for the 2006 PM2.5 national ambient air quality standard (NAAQS) for New Haven and Fairfield Counties, which comprise the Connecticut portion of the New York-N. New Jersey-Long Island (NY- NJ-CT) 2006 PM2.5 NAAQS maintenance area. This LMP was submitted on May 9, 2023, and supplemented on February 21, 2024, by the Connecticut Department of Energy and Environmental Protection (CT DEEP). The plan addresses the second 10-year maintenance period for particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, known as PM2.5. EPA is proposing approval of Connecticut's LMP submission because it provides for the maintenance of the 2006 24-hour PM2.5 NAAQS through the end of the second 10-year portion of the maintenance period. In addition, EPA is initiating the process to find the Connecticut PM2.5 LMP adequate for transportation conformity purposes.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Formaldehyde Standards for Composite Wood Products Act (EPA ICR Number 2446.04 and OMB Control Number 2070- 0185), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). This is a proposed extension of the ICR, which is currently approved through September 30, 2024. Public comments were previously requested via the Federal Register on January 17, 2024 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs). The chemical substances received "not likely to present an unreasonable risk" determinations pursuant to TSCA. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use by this rulemaking to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the conditions of use for that chemical substance. In addition, the manufacture or processing for the significant new use may not commence until EPA has conducted a review of the required notification, made an appropriate determination regarding that notification, and taken such actions as required by that determination.

On July 25, 2024, the State of Washington (WA) submitted a request for the Environmental Protection Agency (EPA) to redesignate to attainment a portion of Whatcom County immediately surrounding the now permanently closed aluminum smelter, Intalco Aluminum LLC, which the EPA designated nonattainment for the 2010 sulfur dioxide (SO2) primary National Ambient Air Quality Standard (NAAQS). Washington also submitted a request for the EPA to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the area. In response to this submittal, the EPA is proposing to take the following actions: determine that the Whatcom County (partial) SO2 nonattainment area (NAA) is attaining the 2010 SO2 primary NAAQS; approve Washington's plan for maintaining attainment of the 2010 SO2 primary NAAQS in the area; and redesignate the Whatcom County (partial) SO2 NAA to attainment for the 2010 1-hour primary SO2 NAAQS.

The Environmental Protection Agency (EPA) is proposing to determine that the St. Clair, MI sulfur dioxide (SO2) nonattainment area attained the 2010 1-hour primary SO2 national ambient air quality standard (NAAQS) by the date of September 12, 2021. This determination is based on annual SO2 emissions data, modeled data, and certified ambient air quality data from EPA's December 7, 2021, Clean Data Determination for St. Clair, as well as publicly available additional supporting 2020 data. This action, if finalized, will address EPA's obligation under the Clean Air Act (CAA) to determine whether the St. Clair SO2 nonattainment area (referred to hereafter as the St. Clair area, or simply the area) attained the 2010 SO2 NAAQS by the September 12, 2021, attainment date.

Pursuant to the Federal Advisory Committee Act (FACA), the U.S. Environmental Protection Agency (EPA) hereby provides notice that the White House Environmental Justice Advisory Council (WHEJAC) will meet on the dates and times described below. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days public notice. This meeting is open to the public. For additional information about registering to attend the meeting or provide public comment, please see "REGISTRATION" under SUPPLEMENTARY INFORMATION. Pre-registration is required.

This notice announces the Environmental Protection Agency's (EPA) allowance of the electronic submission of reports, notifications, or other required submission types (in an acceptable digital format) in certain Clean Air Act (CAA) regulations that do not already have electronic reporting requirements (i.e., reports, notifications, or other submission types required to be submitted in paper format or as specified in this notice, an email). This action is consistent with the provisions of the Cross-Media Electronic Reporting Rule (CROMERR) and streamlines reporting requirements by allowing regulated entities to submit specified reports, notifications, or other submission types electronically via the Compliance and Emissions Data Reporting Interface (CEDRI) on the EPA's Central Data Exchange (CDX) (see https:/ /cdx.epa.gov), or to another EPA managed electronic document receiving system that may be designated for the receipt of specified submissions in the future. Additionally, performance test reports that do not already have CROMERR compliant electronic reporting requirements may utilize the Electronic Reporting Tool (ERT) (see https://www.epa.gov/ electronic-reporting-air-emissions/electronic-reporting-tool- ert) to submit those reports to CEDRI in the form of an ERT submission package. The authority for the designation of alternative EPA electronic document receiving systems may not be redelegated to state, local, or tribal authorities. When a report, notification, or other submission type submitted under this new electronic submission option contains confidential business information (CBI), a file with the CBI omitted or redacted must be submitted to the CEDRI system and a separate, complete submission containing the claimed CBI information must be submitted through the described CBI submission process.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Environmental Justice Thriving Communities Grantmaking Program: Applications for SubawardsSeptember Launch (EPA ICR Number 7787.01, OMB Control Number 2035-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 emergency clearance of a new collection. A two-week public comment period has been initiated via a notice in the Federal Register.

The Environmental Protection Agency (EPA) is requesting comment on an application from Jaguar Land Rover North America, LLC ("JLR") for off-cycle carbon dioxide (CO2) credits under EPA's light-duty vehicle greenhouse gas emissions standards. "Off- cycle" emission reductions can be achieved by employing technologies that result in real-world benefits, but where that benefit is not adequately captured on the test procedures used by manufacturers to demonstrate compliance with emission standards. EPA's light-duty vehicle greenhouse gas program acknowledges these benefits by giving automobile manufacturers several options for generating "off-cycle" CO2 credits. Under the regulations, a manufacturer may apply for CO2 credits for off-cycle technologies that result in off-cycle benefits. In these cases, a manufacturer must provide EPA with a proposed methodology for determining the real-world off-cycle benefit. JLR submitted their application describing a methodology for determining off-cycle credits from the technology described in their application. Pursuant to applicable regulations, EPA is making this off-cycle credit calculation methodology available for public comment.

On August 29, 2024, the Environmental Protection Agency (EPA) published a request for information (RFI) on the "Use of Advanced and Emerging Technologies for Quantification of Annual Facility Methane Emissions Under the Greenhouse Gas Reporting Program". The EPA is extending the comment period.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the San Diego County Air Pollution Control District (SDCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns a rule submitted to address section 185 of the Clean Air Act (CAA or "Act").

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 8/01/ 2024 to 8/31/2024.

The Environmental Protection Agency (EPA) is approving a revision to the State of New York's State Implementation Plan (SIP) for the ozone National Ambient Air Quality Standard (NAAQS) related to a Source-specific SIP (SSSIP) revision for the Sylvamo Ticonderoga Mill (formerly known as International Paper), located at 568 Shore Airport Rd., Ticonderoga, New York (the Facility). The control options in this SSSIP revision implement Reasonably Available Control Technology (RACT) for nitrogen oxide (NOX) emissions from the relevant Facility sources, which include one power boiler, one lime kiln, and one recovery furnace. This SSSIP revision is intended to implement NOX RACT for the relevant Facility sources in accordance with the requirements for implementation of the 2008 and 2015 ozone NAAQS. This action will not interfere with ozone NAAQS requirements and meets all applicable requirements of the Clean Air Act (CAA). The EPA proposed to approve this rule on May 23, 2024, and received two comments, neither of which were relevant to the rulemaking.

The Environmental Protection Agency (EPA) is correcting 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 planning to submit an information collection request (ICR), Exchange Network Grants Progress Reports (Renewal) (EPA ICR Number 2207.09, OMB Control Number 2025-0006) 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 11/30/2024. This notice allows for 60 days for public comments.

The Environmental Protection Agency (EPA) is extending the comment period for a proposed rule published August 30, 2024. The current comment period for the proposed rule was set to end on September 30, 2024. In response to a request in a public comment, EPA is extending the comment period for the proposed action to October 15, 2024.

The Environmental Protection Agency (EPA or the Agency) is seeking nominations of scientific and technical experts that EPA can consider for service as ad hoc peer reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the draft risk evaluation for 1,3-butadiene conducted under the Toxic Substances Control Act (TSCA). To facilitate nominations, this document provides information about the SACC, the intended topic for the planned peer review, the expertise sought for this peer review, instructions for submitting nominations to EPA, and the Agency's plan for selecting the ad hoc peer reviewers for this peer review. EPA is planning to convene a virtual public meeting of the SACC in early 2025 to review the draft risk evaluation.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office is announcing a public meeting of the chartered Science Advisory Board. The purpose of the meeting is to: receive a briefing from EPA on cumulative impacts research; conduct quality reviews for three draft SAB reports (a review of EPA's draft IRIS toxicological review of inorganic arsenic, a review of EPA's draft technical guidance for assessing environmental justice in regulatory analysis, and a draft commentary on advancing environmental justice science in rulemaking); discuss recommendations received from the SAB Work Group for Review of Science Supporting EPA Decisions concerning SAB review of EPA planned regulatory actions; and conduct a consultation with EPA on chemical mixtures.

The Environmental Protection Agency (EPA) is extending the comment period for a proposed rule that published August 19, 2024. The current comment period for the proposed rule was scheduled to close on September 18, 2024. The EPA is extending the comment period for the proposed action to September 23, 2024.

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its National Environmental Justice Advisory Council (NEJAC). The NEJAC was chartered to provide advice regarding broad, cross-cutting issues related to environmental justice. This notice solicits nominations to fill approximately seven (7) new vacancies for terms through February 2026. To maintain the representation outlined by the charter, nominees will be selected to represent: academia, business and industry; community-based; non- governmental organizations; State and local governments; and Tribal governments and indigenous organizations. We are interested in adding members located in all EPA regions. Vacancies are anticipated to be filled by January 31, 2025. Sources in addition to this Federal Register Notice will be utilized in the solicitation of nominees.