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

The Environmental Protection Agency (EPA) is proposing to conditionally approve revisions to the Bay Area Air Quality Management District (BAAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NOX) from natural gas-fired furnaces and water heaters. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA). We are taking comments on this proposal and plan to follow with a final action.

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for certain 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 that use, under 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.

The U.S. Environmental Protection Agency (EPA) is promulgating amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Rubber Tire Manufacturing, as required by the Clean Air Act (CAA). To ensure that all emissions of hazardous air pollutants (HAP) from sources in the source category are regulated, the EPA is promulgating emissions standards for the rubber processing subcategory of the rubber tire manufacturing industry, which is the only unregulated subcategory within the Rubber Tire Manufacturing source category.

The Environmental Protection Agency (EPA) is proposing to partially withdraw two final actions finding that 13 States and/or local air pollution control agencies failed to submit State Implementation Plan (SIP) revisions required by the Clean Air Act (CAA) in a timely manner to address the EPA's 2015 findings of substantial inadequacy and "SIP calls" for provisions applying to excess emissions during periods of startup, shutdown, and malfunction (SSM). This proposed action would render no longer applicable certain CAA deadlines for the EPA to impose sanctions if a State does not submit a complete SIP revision addressing the outstanding requirements, and to promulgate a Federal Implementation Plan (FIP). Concurrently, the EPA is also taking direct final action on this withdrawal. See the direct final action published in the Rules and Regulations section of this issue of the Federal Register. If we receive no significant adverse comment on this proposed action, we will not take further action on this proposed action.

The U.S. Environmental Protection Agency ("EPA"), Region 1, hereby provides notice of a proposed settlement agreement ("Agreement"), under section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ("CERCLA"), between EPA and Raytheon Company ("Settling Party"), regarding Operable Unit 4 ("OU4") of the Wells G&H Superfund Site, in Woburn, Massachusetts. The proposed Agreement resolves the matter at EPA Region 1 CERCLA Docket No. 01-2024-0050, pursuant to CERCLA section 122(h)(1) and the authority of the Attorney General of the United States to compromise and settle claims of the United States. The proposed Agreement requires Settling Party to make a $400,000 payment to EPA in partial reimbursement of response costs incurred in connection with an ongoing remedial action at OU4, in accordance with the Record of Decision issued by EPA on September 29, 2017. In return for this payment, the Agreement provides Settling Party with a covenant by EPA not to sue or take administrative action, pursuant to Sections 106 or 107(a) of CERCLA, for performance of remedial work or recovery of response costs relating to OU4, subject to standard reservations of rights.

In accordance with the EPA Administrator's March 18, 2022, memorandum regarding "Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency," notice is hereby given of a proposed consent decree in Ecological Rights Foundation v. EPA, et.al., Docket No. 3:24-cv-03665 (N.D. Cal.). Environmental Advocates, on behalf of the Ecological Rights Foundation, filed a complaint on June 18, 2024 and an amended complaint on September 18, 2024, in the United States District Court for the Northern District of California alleging the EPA failed to perform a non-discretionary duty under Clean Water Act (CWA) to either approve or disapprove revised water quality standards in California's amendments to the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary ("Bay-Delta Plan amendments") within the statutory timeframes. The EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Beryllium (EPA ICR Number 0193.14, OMB Control Number 2060-0092) 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 November 30, 2024. Public comments were previously requested, via the Federal Register on May 18, 2023, during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) is determining that the Missouri portion of the St. Louis, MO-IL bi-State nonattainment area failed to attain the 2015 ozone National Ambient Air Quality Standards (NAAQS) by the applicable attainment date. The effect of failing to attain by the applicable attainment date is that the area will be reclassified by operation of law to "Serious" nonattainment for the 2015 ozone NAAQS on December 31, 2024, the effective date of this final rule. This action fulfills the EPA's obligation under the Clean Air Act (CAA) to determine whether ozone nonattainment areas attained the NAAQS by the attainment date and to publish a document in the Federal Register identifying each area that is determined as having failed to attain and identifying the reclassification. The corresponding action for the Illinois portion of the St. Louis, MO-IL bi-State area is being taken separately.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Background Checks for Contractor Employees (EPA ICR Number 2183.09, OMB Control Number 2030-0044) 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 November 30, 2024. Public comments were previously requested via the Federal Register on May 29, 2024 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) is approving in part and disapproving in part a regional haze State Implementation Plan (SIP) revision submitted by the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ), dated April 4, 2022 ("Haze Plan" or "2022 Plan") under the Clean Air Act (CAA or Act) and EPA's Regional Haze Rule (RHR) for the regional haze program's second planning period. North Carolina's 2022 SIP submission was submitted to address the requirement that states must periodically revise their long-term strategies for making reasonable progress toward the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility, including regional haze, in mandatory Class I Federal areas (hereinafter referred to as "Class I areas"). The SIP submission also addresses other applicable requirements for the second planning period of the regional haze program. EPA is taking this action pursuant to sections 110 and 169A of the Act.

The Regional Administrator, U.S. Environmental Protection AgencyRegion 1 (EPA), is providing a Notice of Availability for the Draft National Pollutant Discharge Elimination System (NPDES) Massachusetts Small Municipal Separate Storm Sewer System General Permit (MA MS4 GP) for discharges to certain waters of the Commonwealth of Massachusetts. This Draft NPDES MA MS4 GP ("Draft GP") establishes Notice of Intent (NOI) requirements, permit eligibility requirements, and conditions and practices for the management of stormwater discharges from small MS4s. The Draft GP is available on EPA Region 1's website at https://www.epa.gov/npdes-permits/massachusetts-small-ms4- general-permit and at www.regulations.gov, Docket No. EPA-R01-OW-2024- 0493. The Fact Sheet for the Draft GP sets forth principal facts and the significant technical and legal issues considered in the development of the Draft General Permit and is also available at this website.

Pursuant to the Federal Advisory Committee Act (FACA), notice is hereby given that the next meeting of the Animal Agriculture and Water Quality Subcommittee, a subcommittee of the Farm, Ranch, and Rural Communities Advisory Committee (FRRCC) will be held virtually on December 6, 2024. The goal of the AAWQ subcommittee is to provide recommendations that will inform the Agency's decisions regarding how to improve the implementation of the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) Concentrated Animal Feeding Operation (CAFO) permitting program.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Servicing of Motor Vehicle Air Conditioners (EPA ICR Number 1617.10, OMB Control Number 2060-0247) 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 December 31, 2024. Public comments were previously requested via the Federal Register on May 22, 2024, 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), Information Requirements for Boilers and Industrial Furnaces, EPA ICR Number 1361.19, OMB Control Number 2050-0073) 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 January 31, 2025. Public comments were previously requested via the Federal Register on May 13, 2024 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), General Facility Standards (EPA ICR Number 1571.14, OMB Control Number 2050-0120) 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 January 31, 2025. Public comments were previously requested via the Federal Register on May 13, 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 State Implementation Plan (SIP) revisions submitted by the State of Connecticut. The SIP revisions are for the Connecticut portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT Serious ozone nonattainment area for the 2008 ozone standard. The revisions pertain to requirements relating to reasonable further progress (RFP) plans, an Enhanced vehicle emissions inspection and maintenance (I/M) program, transportation conformity, and a clean fuels for motor vehicles program. EPA is also starting the adequacy process for the motor vehicle emissions budgets included in the RFP SIP revision. This action is being taken under the Clean Air Act.

This rule codifies in the regulations the prior approval of Texas' hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations. The Environmental Protection Agency (EPA) uses the regulations entitled "Approved State Hazardous Waste Management Programs" to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that are authorized and that EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the Resource Conservation and Recovery Act (RCRA). The EPA previously provided notices and opportunity for comments on the Agency's decisions to authorize the State of Texas program and the EPA is not now reopening the decisions, nor requesting comments, on the Texas authorizations as previously published in the Federal Register documents specified in Section I.C of this final rule document.

The Environmental Protection Agency (EPA) is approving a portion of a State Implementation Plan (SIP) revision submitted by the Tennessee Department of Environment and Conservation (TDEC) on behalf of Shelby County Health Department (SCHD) Pollution Control Section on March 2, 2022. This revision was submitted in response to a finding of substantial inadequacy and SIP call published on June 12, 2015, concerning excess emissions during startup, shutdown, and malfunction (SSM) events. The revision contains amended air codes of Shelby County and the following municipalities within Shelby County: Town of Arlington, City of Bartlett, Town of Collierville, City of Germantown, City of Lakeland, City of Memphis, and Town of Millington (referred to hereinafter as the "included municipalities"). EPA is also approving the SIP revision's other changes to the affected Chapter, which are unrelated to the SIP call but of which Shelby County and the included municipalities are also requesting incorporation into the Shelby County portion of the Tennessee SIP. EPA is approving the portions of the SIP revision that correct certain deficiencies identified in the June 12, 2015, SSM SIP call and that are in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or Act).

The Environmental Protection Agency (EPA) is taking direct final action on the authorization of changes to Tennessee's hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. These changes were outlined in a December 8, 2023, application to the EPA. We have determined that these changes satisfy all requirements needed for final authorization.

The Environmental Protection Agency (EPA or Agency) is announcing the availability of and soliciting comment on its draft guidance for adding disinfectant efficacy claims against bacteria to antimicrobial towelettes for use on hard non-porous surfaces. Specifically, the guidance document describes a pathway for efficacy testing using a new standardized method designed specifically for antimicrobial towelettes, how to prepare an application for registration, and regulatory guidance for pesticidal claims for those products.

The Environmental Protection Agency (EPA) is extending the comment period for the notice that published in the Federal Register on September 30, 2024, 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). That notice established a public comment period that is scheduled to end on November 29, 2024. This document extends that comment period for 31 days to December 30, 2024. EPA received a request to extend the comment period from an interested stakeholder who requested additional time to collect information relating to EPA's notice and develop thoughtful responses to the issues raised in EPA's notice. EPA believes it is appropriate to extend the comment period in order to give stakeholders including the requester additional time to identify and gather information related to the issues identified in EPA's notice and to prepare comprehensive comments.

The Environmental Protection Agency (EPA) is finalizing approval of a state implementation plan (SIP) revision submitted by the State of California to meet Clean Air Act (CAA or "Act") requirements for the 1997 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or "standards") in the San Joaquin Valley "Serious" nonattainment area. The EPA is also finalizing a one-year extension of the applicable attainment date from December 31, 2023, to December 31, 2024, for the 1997 annual PM2.5 San Joaquin Valley, California, nonattainment area based on our evaluation of air quality monitoring data and the extension request and supporting information submitted by the State of California.

EPA is issuing a notice of receipt of requests by registrants, submitted as part of their 2024 Pesticide Registration Maintenance Fee responses, to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests to cancel at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests to cancel, or unless the registrants withdraw its requests to cancel. If these requests to cancel are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order. Additionally, EPA is issuing a notice of intent to cancel other pesticide product registrations as a result of registrants' non-payment of 2024 Pesticide Registration Maintenance Fees.

The Environmental Protection Agency (EPA) is promulgating a regulation to facilitate compliance with the requirements of the Waste Emissions Charge in the Clean Air Act's (CAA) Methane Emissions Reduction Program (MERP). Enacted as part of the Inflation Reduction Act (IRA), this program requires the EPA to impose and collect an annual charge on methane emissions that exceed waste emissions thresholds specified by Congress.