Environmental Protection Agency – Federal Register Recent Federal Regulation Documents
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Availability of the Draft IRIS Toxicological Review of Inorganic Arsenic
The Environmental Protection Agency (EPA) is announcing a 60- day public comment period associated with release of the draft Integrated Risk Information System (IRIS) Toxicological Review of Inorganic Arsenic. The draft document was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA's Office of Research and Development (ORD). EPA is releasing this draft IRIS assessment for public comment in advance of a Science Advisory Board (SAB) managed peer review. SAB will convene a public meeting to discuss the draft assessment with the public during Step 4 of the IRIS Process. The external peer reviewers will consider public comments submitted to the EPA docket in response to this notice and any others provided at the public meeting when reviewing this assessment. EPA will consider all comments submitted to the docket when revising the document post- peer review. This draft assessment is not final as described in EPA's information quality guidelines, and it does not represent, and should not be construed to represent Agency policy or views.
Access to Confidential Business Information by Battelle Memorial Institute and Its Subcontractors
EPA has authorized the following contractor and subcontractors to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA), some of which may be claimed or determined to be confidential business information (CBI): Battelle Memorial Institute of Columbus, OH and its subcontractors as listed in Unit III.
Access to Confidential Business Information by Abt Associates and Subcontractors
EPA has authorized the following contractor and subcontractors to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA), some of which may be claimed or determined to be confidential business information (CBI): Abt Associates of Rockville, MD and Abt's subcontractors as listed in Unit III.
Notice of Public Meeting of the Interagency Steering Committee on Radiation Standards (ISCORS)
The Environmental Protection Agency (EPA) will host a meeting of the Interagency Steering Committee on Radiation Standards (ISCORS) on Tuesday, November 28, 2023, in Washington, DC.
CGI Federal, Inc. and Zachary Piper, LLC; Transfer of Data September 2023
This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to CGI Federal, Inc. and its subcontractor, Zachary Piper, LLC, in accordance with the CBI regulations. CGI Federal, Inc. and its subcontractor, Zachary Piper, LLC, have been awarded a contract to perform work for OPP, and access to this information will enable CGI Federal, Inc. and its subcontractor, Zachary Piper, LLC to fulfill the obligations of the contract.
Reformulated Gasoline Covered Areas
In this final action, the Environmental Protection Agency (EPA) is amending its reformulated gasoline (RFG) regulations to reflect the reclassification of several ozone nonattainment areas as Severe for the 2008 ozone national ambient air quality standard (NAAQS). The subject areas are the Dallas-Fort Worth, TX area (Dallas), the Denver-Boulder-Greeley-Fort Collins-Loveland, CO area (Denver), and the Eastern Kern County, CA area (Eastern Kern). The reclassification of the Dallas and Denver areas as Severe for the 2008 ozone NAAQS was effective on November 7, 2022, and results in the prohibition of the sale of conventional gasoline throughout the entire nonattainment area under the Clean Air Act (CAA) eon November 7, 2023. Similarly, the reclassification of the Eastern Kern area was effective on July 7, 2021, and the Federal RFG requirement applied to the area on July 7, 2022.
Reference Measurement Principle and Calibration Procedure for the Measurement of Ozone in the Atmosphere (Chemiluminescence Method)
The Environmental Protection Agency (EPA) is finalizing an update to the current ozone absorption cross-section to the recommended consensus-based cross-section value of 1.1329x10-17 cm\2\ molecule-1 or 304.39 atm-1 cm-1, with an uncertainty of 0.94 atm-1 cm-1. The new value is 1.2% lower than the current value of 308 atm-1 cm-1 and reduces the uncertainty in the value to 0.31%. The adoption of this updated ozone absorption cross-section could result in increases in measured ozone concentrations but given the existing sources of potential variability in monitoring data, it is unlikely that there will be any consistent measurable and predictable effect on reported data. The EPA is also updating the dates of publication for two references associated with the updated cross-section value, adding a new reference, and making a technical correction to move three figures inadvertently placed in section 6.0 References to a new section 7.0 Figures.
Revisions to the Air Emissions Reporting Requirements
The Environmental Protection Agency (EPA) is extending the comment period for the proposed revisions to the Air Emissions Reporting Requirements (AERR), published in the Federal Register on August 9, 2023. The current comment period for the proposed rule is set to end on October 18, 2023. EPA has received numerous requests to extend the comment period given the complexity and length of the proposed rulemaking. The EPA is extending the comment period for the proposed action to November 17, 2023. The EPA is also extending the comment period for the associated Information Collection Request (ICR), number 2170.09, for the proposed AERR to November 17, 2023.
Air Plan Approval; California; South Coast Air Quality Management District
The Environmental Protection Agency (EPA) is proposing to approve a revision to the South Coast Air Quality Management District (SCAQMD or ``the District'') portion of the California State Implementation Plan (SIP) as SIP strengthening. This revision concerns emissions of oxides of nitrogen (NOX) and particulate matter (PM) from indirect sources associated with warehouses. The EPA is proposing to approve SCAQMD Rule 2305, ``Warehouse Indirect Source RuleWarehouse Actions and Investments to Reduce Emissions (WAIRE) Program,'' to regulate these emission sources under the Clean Air Act (CAA or the Act). The EPA is taking comments on this proposal and plans to follow with a final action.
Pesticides; Review of Requirements Applicable to Treated Seed and Treated Paint Products; Request for Information and Comments
The Environmental Protection Agency (EPA) is soliciting public comments and suggestions about seeds treated with a pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as well as treated paint. The Agency is considering whether a rule under FIFRA to regulate certain use of treated seed and treated paint products or other administrative action is appropriate considering questions raised by stakeholders. To inform this consideration, EPA is requesting comment and information from all stakeholders on the use and usage of treated seed, including storage, planting, and disposal of the treated seed, and on whether or to what extent treated seed products are being distributed, sold, and used contrary to treating pesticide and treated seed product labeling instructions. Similarly, EPA is requesting comment from stakeholders on the addition of labeling requirements on the labels of treated paint products and potential language that should be included in those labels.
Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances
The Environmental Protection Agency (EPA) is finalizing reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). In accordance with obligations under TSCA, as amended by the National Defense Authorization Act for Fiscal Year 2020, EPA is requiring persons that manufacture (including import) or have manufactured these chemical substances in any year since January 1, 2011, to submit information to EPA regarding PFAS uses, production volumes, byproducts, disposal, exposures, and existing information on environmental or health effects. In addition to fulfilling statutory obligations under TSCA, this rule will enable EPA to better characterize the sources and quantities of manufactured PFAS in the United States.
Certain New Chemicals or Significant New Uses; Statements of Findings for August 2023
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 August 1, 2023, to August 31, 2023.
Ledprona Double-Stranded RNA; Exemption From the Requirement of a Tolerance
This regulation establishes an exemption from the requirement of a tolerance for residues of Ledprona double-stranded (ds) RNA in or on potato when used as a foliar-applied insecticide for the selective control of Colorado potato beetle and in accordance with label directions and good agricultural practices. GreenLight Biosciences, Inc. 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 Ledprona dsRNA under FFDCA when used in accordance with this exemption.
Public Water System Supervision Program Revision for the State of Texas
Notice is hereby given that the State of Texas is revising its approved Public Water System Supervision (PWSS) program. Texas has adopted the Environmental Protection Agency (EPA) drinking water rules for the Revised Total Coliform Rule (RTCR) and Ground Water Rule (GWR). Therefore, EPA intends to approve these PWSS program revision packages.
Air Plan Approval; MO; Control of Emissions From Volatile Organic Liquid Storage
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Missouri State Implementation Plan (SIP) related to the control of emissions from volatile organic liquid storage. These revisions do not impact the stringency of the SIP or have an adverse effect on air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Proposed Consent Decree, Clean Air Act Citizen Suit
In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in California Communities Against Toxics, et al. v. Regan, No. 1:22-cv-3005-RC (D.D.C.). On October 5, 2022, Plaintiffs California Communities Against Toxics, Missouri Coalition for the Environment Foundation, Natural Resources Defense Council, and Sierra Club filed a complaint in the United States District Court for the District of Columbia. On December 6, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to undertake certain non-discretionary duties under CAA to ``review, and revise as necessary . . . no less often than every 8 years'' the National Emission Standards for Hazardous Air Pollutants (NESHAP) From Secondary Lead Smelting because more than 8 years have passed since EPA completed the prior review of the NESHAP From Secondary Lead Smelting, (``the 2012 Rule''). In March 2012, Plaintiffs submitted a petition for reconsideration of the 2012 Rule. In December 2012, EPA granted Plaintiffs' request for reconsideration of the ``ample margin of safety'' analysis performed for the 2012 Rule and stated its intention to initiate a rulemaking addressing the same. Plaintiffs alleged that EPA failed to perform its obligations to reconsider the 2012 Rule and that this failure constitutes ``agency action unreasonable delayed'' under the CAA. The proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking containing all necessary revisions under the CAA and a notice of final rulemaking to address reconsideration of the ``ample margin of safety'' analysis in the 2012 Rule.
Notice of Approval Status; EPA Plan for the Federal Certification of Applicators Within Indian Country
The Environmental Protection Agency (EPA) is announcing its approval of the revised EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian Country (2023 EPA Plan). The 2023 EPA Plan is specific to the use of restricted use pesticides (RUPs) in Indian country. Because of limitations in Certification of Pesticide Applicators Rule (CPA Rule), RUPs may not be used legally in Indian country unless the Tribe has an EPA-approved certification plan, the Tribe has entered into an agreement with EPA, or EPA has issued a Federal certification plan for Indian country. The 2023 EPA Plan supersedes the 2014 EPA Plan and ensures applicators in Indian country have the competence needed to use RUPs. The amended plan is consistent with the existing regulatory requirements, including revisions made in 2017 to enhance and improve the competency of certified applicators of RUPs and persons working under their direct supervision. The 2017 regulatory revisions are intended to further reduce potential exposure of RUPs to certified applicators and those working under their direct supervision, other workers, the public, and the environment. Federal, State, Territory, and Tribal certifying authorities with existing certification plans were required to revise their existing plans to conform with the updated Federal standards for RUP applicator certification and receive EPA approval by the established regulatory deadline.
Air Plan Approval and Air Quality Designation; KY; Redesignation of the Northern Kentucky Portion of the Cincinnati, OH-KY 2015 8-Hour Ozone Nonattainment Area to Attainment
On September 21, 2022, the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet (Cabinet), Division of Air Quality (DAQ), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Northern Kentucky portion (hereinafter referred to as the ``Northern Kentucky Area'' or ``Area'') of the Cincinnati, Ohio- Kentucky, 2015 8-hour ozone nonattainment area (hereinafter referred to as the ``Cincinnati, OH-KY Area'') to attainment for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards) and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Area. The Cabinet submitted this request and SIP revision through a letter dated September 20, 2022, and supplemented it on November 22, 2022. EPA is approving the Commonwealth's plan for maintaining attainment of the 2015 8-hour ozone standard in the Northern Kentucky Area, including the motor vehicle emission budgets (budgets) for nitrogen oxides (NOX) and volatile organic compounds (VOCs) for the years of 2026 and 2035 for the Area, incorporating the maintenance plan into the SIP, and redesignating the Area to attainment for the 2015 8-hour ozone NAAQS. EPA previously approved the redesignation request and maintenance plan for the Ohio portion of the Cincinnati, OH-KY Area. Additionally, EPA finds the 2026 and 2035 budgets for the Area adequate for the purpose of transportation conformity.
Cypermethrin; Pesticide Tolerances
This regulation establishes tolerances for residues of cypermethrin in or on multiple commodities that are identified and discussed later in this document. The Tea Association of the U.S.A. Inc. and the American Spice Trade Association requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Air Plan Approval; South Carolina: New Source Review Updates
The Environmental Protection Agency (EPA) is finalizing approval of a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (hereinafter referred to as SC DHEC or South Carolina) via a letter dated February 3, 2022. The SIP revision updates portions of South Carolina's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) regulations that pertain to Project Emissions Accounting (PEA) provisions. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act) and implementing Federal regulations.
New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels)
The Environmental Protection Agency (EPA) is proposing amendments to the Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) as the preliminary results of the review of the New Source Performance Standards (NSPS) required by the Clean Air Act. The EPA is proposing revisions to the NSPS that are applicable to volatile organic liquid (VOL) storage vessels that commence construction, reconstruction, or modification after October 4, 2023 under a new NSPS subpart. In the new NSPS subpart, the EPA is proposing to reduce the vapor pressure applicability thresholds In addition, the EPA is proposing to revise the volatile organic compound (VOC) standards to reflect the best system of emissions reductions (BSER) for affected storage vessels. We are also proposing additional monitoring and operating requirements to ensure continuous compliance with the standard. In addition, the EPA is proposing degassing emission controls; clarification of startup, shutdown, and malfunction requirements; requirements for electronic reporting; and other technical improvements. The EPA is also proposing to amend NSPS subpart Kb to apply to VOL storage vessels that commence construction, reconstruction or modification after July 23, 1984 and on or before October 4, 2023 and to add electronic reporting requirements.
Approval of Air Quality Implementation Plans; New York; Emission Statement Program
The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by New York State Department of Environmental Conservation (NYSDEC) for the purpose of enhancing an existing emission statement program for stationary sources in New York State. The SIP revision consists of amendments to regulations in New York's Codes, Rules and Regulations (NYCRR) applicable to the emission statements. This SIP revision was submitted by NYSDEC to satisfy the ozone nonattainment provision of the Clean Air Act (Act or CAA). These provisions establish electronic reporting requirements for annual emission statements filed by facilities subject to Title V operating permits of the Act beginning in 2022 (for calendar year 2021 emission reporting). The intended effect is to obtain improved emissions related data from facilities located in New York State, allowing NYSDEC to more effectively plan for, and attain, the national ambient air quality standards (NAAQS). The Emission Statement rule also improves EPA's and the public's access to facility specific emission related data.
Air Plan Approval; Colorado; Serious Attainment Plan Elements and Related Revisions for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area
On May 9, 2023, the EPA took final action on State Implementation Plan (SIP) submissions made by the State of Colorado on March 22, 2021, related to Clean Air Act (CAA) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) for the Denver Metro/North Front Range (DMNFR) Serious nonattainment area. In that action we finalized a limited approval and limited disapproval of specific provisions intended to meet reasonably available control technology (RACT) requirements that were included in SIP submissions made by the State on May 14, 2018, May 8, 2019, May 13, 2020, March 22, 2021, May 18, 2021, and May 20, 2022. Further, we finalized a limited conditional approval and limited disapproval of additional provisions intended to address RACT requirements and that were within SIP submissions from May 31, 2017, and May 10, 2019. The EPA is now proposing to stay the limited disapproval portions of the May 9, 2023 final rule until June 1, 2024.
Local Government Advisory Committee (LGAC) and Small Communities Advisory Subcommittee (SCAS) Meeting
Pursuant to the Federal Advisory Committee Act (FACA), EPA herby provides notice of a meeting for the Local Government Advisory Committee (LGAC) on the date and time described below. This meeting will be open to the public. For information on public attendance and participation, please see registration details under SUPPLEMENTARY INFORMATION.
Air Plan Approval; Florida; Noninterference Demonstrations for Removal of CAIR and Obsolete Rules in the Florida SIP
The Environmental Protection Agency (EPA) is approving 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 approving the removal of 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).
Air Plan Disapproval; Texas; Contingency Measures for the Dallas-Fort Worth and Houston-Galveston-Brazoria Ozone Nonattainment Areas
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is disapproving revisions to the Texas State Implementation Plan (SIP) for the Dallas-Fort Worth (DFW) and Houston-Galveston-Brazoria (HGB) Serious ozone nonattainment areas for the 2008 ozone National Ambient Air Quality Standard (NAAQS). Specifically, EPA is disapproving the portion of these SIP revisions that the state intended to address contingency measure requirements. Contingency measures are control requirements in a nonattainment area SIP that would take effect should the area fail to meet Reasonable Further Progress (RFP) emissions reductions requirements or fail to attain the NAAQS by the applicable attainment date.
Pesticides; Draft Guidance and Proposed Method for Antimicrobial Product Efficacy Claims Against Planktonic Legionella Pneumophila in Cooling Tower Water; Notice of Availability and Request for Comments
The Environmental Protection Agency (EPA) is announcing the availability of and soliciting public comment on a draft guidance document and proposed method for adding efficacy claims to antimicrobial products for use in cooling tower water to reduce the level of planktonic Legionella pneumophila. The draft guidance document describes efficacy testing for antimicrobial products to support claims for the reduction of planktonic L. pneumophila in water within cooling tower systems and how to prepare an application for registration. The proposed method is for evaluating the efficacy of antimicrobial products in water of cooling towers against planktonic L. pneumophila. The draft guidance does not address adherent or sessile bacteria that attach to a surface (e.g., biofilm) of the cooling tower system or any other microorganism other than L. pneumophila which may be found in the water of cooling tower systems.
Pesticide Program Dialogue Committee; Notice of Public Meeting
Pursuant to the Federal Advisory Committee Act, the Environmental Protection Agency's (EPA's) Office of Pesticide Programs is announcing a public meeting of the Pesticide Program Dialogue Committee (PPDC) on November 15 and 16, 2023. The meeting will be held in person and limited opportunities for virtual participation will be offered.
Acid Rain Program: Excess Emissions Penalty Inflation Adjustments
The Acid Rain Program requires sources that do not meet their annual Acid Rain emissions limitations for sulfur dioxide (SO2) or nitrogen oxides (NOX) to pay inflation- adjusted excess emissions penalties. This document provides notice of the annual adjustment factors used to calculate excess emissions penalties for compliance years 2023 and 2024.
Air Plan Approval; New Jersey; Redesignation of the Warren County 1971 Sulfur Dioxide Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan
On November 15, 2021, the New Jersey Department of Environmental Protection (NJDEP) submitted a request for the Environmental Protection Agency (EPA) to approve the redesignation of the New Jersey portion of the Northeast Pennsylvania-Upper Delaware Valley Interstate Air Quality Control Region (Warren County, New Jersey) from nonattainment to attainment for the 1971 Sulfur Dioxide (SO2) National Ambient Air Quality Standards (NAAQS). In conjunction with its redesignation request, NJDEP submitted a State Implementation Plan (SIP) revision containing a limited maintenance plan and its associated contingency measures for the Warren County 1971 SO2 Nonattainment Area (Warren County SO2 NAA) to ensure that attainment of the SO2 NAAQS will continue to be maintained. The EPA is taking final action to approve the requested SIP revision and to redesignate the Warren County SO2 NAA from nonattainment to attainment for the 1971 SO2 NAAQS.
Tris(2-chloroethyl) Phosphate (TCEP); Draft Risk Evaluation under the Toxic Substances Control Act (TSCA); Letter Peer Review; Request for Nominations of Expert Reviewers
The Environmental Protection Agency (EPA) is seeking public nominations of scientific and technical experts to review the draft Risk Evaluation for Tris(2-chloroethyl) Phosphate (TCEP) conducted under the Toxic Substances Control Act (TSCA). The draft risk evaluation will be released for public review and comment in December 2023 through a separate Federal Register document and subsequently submitted for letter peer review by the expert reviewers.
Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; Materials Management Information Collection Request
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Materials Management Information Collection Request (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. 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.
Air Plan Approval; Washington; Southwest Clean Air Agency, General Air Quality Regulations
The Environmental Protection Agency (EPA) is approving revisions to the Washington State Implementation Plan (SIP) that were submitted on June 22, 2023, by the Department of Ecology in coordination with the Southwest Clean Air Agency (SWCAA). In 2017, the EPA approved a comprehensive update to SWCAA 400 General Regulations for Air Pollution Sources in the SIP, which includes new source review permitting requirements as well as other general requirements for sources regulated under SWCAA's jurisdiction. In this action, the EPA is approving minor updates to SWCAA 400 promulgated since our comprehensive approval in 2017.
Federal “Good Neighbor Plan” for the 2015 Ozone National Ambient Air Quality Standards; Response to Additional Judicial Stays of SIP Disapproval Action for Certain States
The Environmental Protection Agency (EPA) is taking interim final action to stay, for emissions sources in Alabama, Minnesota, Nevada, Oklahoma, Utah, and West Virginia only, the effectiveness of the Federal Implementation Plan (FIP) requirements established to address the obligations of these and other States to mitigate interstate air pollution with respect to the 2015 national ambient air quality standards (NAAQS) for ozone (the Good Neighbor Plan). The EPA is also revising certain other regulations to ensure the continued implementation of previously established requirements to mitigate interstate air pollution with respect to other ozone NAAQS while the Good Neighbor Plan's requirements are stayed. The stay and the associated revisions to other regulations are being issued in response to judicial orders that partially stay, pending judicial review, a separate EPA action which disapproved certain State Implementation Plan (SIP) revisions submitted by these and other States.
Air Plan Approval; Indiana; ArcelorMittal and NIPSCO Sulfur Dioxide Revisions
The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), revisions to the sulfur dioxide (SO2) portion of the Indiana State Implementation Plan (SIP). The state of Indiana is requesting revisions to emission limits at the Northern Indiana Public Service Company Bailly Station (NIPSCO) facility reflecting permanently shut down units. Indiana is also requesting SIP revisions for two facilities formerly owned by ArcelorMittal USA LLC and currently owned by Cleveland-Cliffs LLC (the Indiana Harbor East and Indiana Harbor West facilities). The Indiana Harbor East facility is required to demonstrate continuous compliance with final SO2 emission limits as a daily (24-hour) average. These revisions will result in decreases in allowable SO2 emissions at all three facilities, maintaining SO2 attainment/unclassifiable designations for the 2010 1-hour SO2 national ambient air quality standards (NAAQS). EPA proposed to approve this action on June 26, 2023, and received no adverse comments.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste;Proposed Rule
The Environmental Protection Agency (EPA) is proposing to grant an exclusion from the list of hazardous wastes to WRB Refining LP (Petitioner) located in Borger, Texas. This action responds to a petition to exclude (or ``delist'') up to 7,000 cubic yards per year of solids removed from four stormwater tanks from the list of federal hazardous wastes when disposed of in a Resource Conservation Recovery Act (RCRA) Subtitle D Landfill. The EPA is proposing to grant the petition based on an evaluation of waste-specific information provided by the Petitioner. A previous proposed action was published in the Federal Register on November 23, 2022, that proposed to grant this petition (see Docket ID Number EPA-R06-RCRA-2022-0653). However, after the proposed rule was published, EPA received notification during the public comment period from the Petitioner that the table detailing the delisting constituents and levels was incorrect. After review, EPA agreed that the information contained in the table in question was incorrect. EPA has corrected the table to reflect the appropriate constituents and values and is withdrawing the previously published proposed rule from November 23, 2022. EPA is issuing a new action proposing to grant the petition, which will include a new 30-day comment period.
Approval of Air Quality Implementation Plans; New Jersey; Exemptions To Improve Resiliency, Air Toxics Thresholds, PM2.5 and Ammonia Emission Statement Reporting, and PM2.5 in Air Permitting
The Environmental Protection Agency (EPA) is proposing to approve adoptions, repeals, and amendments to the New Jersey State Implementation Plan (SIP) concerning exemptions to improve resiliency during emergency situations, updates to hazardous air pollutant (HAP) reporting thresholds, updates to the certification and submission of emission statements, and the addition of Federal New Source Review (NSR) requirements for fine particles (PM2.5). The intended effect of New Jersey's revisions are to enable government and business entities to be more resilient during and following disruptions from natural and human-caused disasters; update HAP unit risk factors and reference concentrations to reflect current research, scientific, and technological advancements; update provisions to require the reporting of PM2.5 and ammonia (NH3) emissions at the source level and update the electronic reporting of emission statements to adapt with advancements and Federal requirements; and conform the State's rules on air permits to the EPA's NSR requirements for PM2.5 to ensure a source does not adversely impact the EPA established National Ambient Air Quality Standards (NAAQS). Other revisions New Jersey made, which the EPA is proposing to approve with this notice of proposed rulemaking, will conform administrative penalties to the proposed rules and correct errors and inconsistencies throughout the State's SIP.
Metamitron; Receipt of Application for Emergency Exemption, Solicitation of Public Comment
EPA has received specific exemption requests from the Colorado and Nebraska Departments of Agriculture to use the pesticide metamitron (CAS No. 41394-05-2) to treat up to 69,596 acres of sugar beets to control the invasive weed, Palmer amaranth. The applicants propose the use of a new chemical which has not been registered by EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemptions, in accordance with the regulation at 40 Code of Federal Regulations (CFR) part 166.24(a)(1).
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Filter Adoption Survey (Renewal)
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Filter Adoption Survey (EPA ICR Number 2615.02, OMB Control Numer 2008-0003) 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, 2023. Public comments were previously requested via the Federal Register on February 17, 2023 during a 60-day comment period. This notice allows for an additional 30 days for public comments.
Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; General Administrative Requirements for Assistance Programs
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``General Administrative Requirements for Assistance Programs'' (EPA ICR Number 0938.23, OMB Control Number 2030-0020) 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 6/30/2024. This notice allows for 60 days for public comments.
Air Plan Approval; Washington; Southwest Clean Air Agency; Emission Standards and Controls for Sources Emitting Gasoline Vapors
The Environmental Protection Agency (EPA) is approving a revision to the Washington State Implementation Plan (SIP) for the Southwest Clean Air Agency (SWCAA) jurisdiction as it relates to the ozone National Ambient Air Quality Standard. This revision updates SWCAA's requirements in the SIP for Stage I and Stage II vapor recovery systems at gasoline dispensing facilities including: decommissioning existing Stage II systems incompatible with onboard refueling vapor recovery systems on or before January 1, 2023; allowing removal from service of Stage II vapor recovery equipment compatible with onboard refueling vapor recovery on or after January 1, 2023; and removing the requirement for Stage II vapor recovery at new installations. The revisions to the SIP also include, among other changes, revised requirements for installation of enhanced conventional nozzles, installation of low permeation hoses, and annual testing based on facility throughput. SWCAA's submittal, in coordination with the Washington Department of Ecology, included a demonstration that such removal of Stage II requirements is consistent with the Clean Air Act and EPA guidance.
Air Plan Approval; WA; Yakima County Outdoor and Agricultural Burning Rule Revisions
The Environmental Protection Agency (EPA) is approving into the Washington State Implementation Plan (SIP) the Yakima Regional Clean Air Agency's (YRCAA) revised outdoor and agricultural burning rule submitted by the State of Washington (Washington or the State) on October 14, 2021. The submitted revisions improve stringency, clarity and enforceability of the rule. The EPA is proposing to approve the SIP submission as consistent with Clean Air Act (Act or CAA) requirements.
Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act
The EPA is proposing to add requirements for sources to reclassify from major source status to area source status under the National Emission Standards for Hazardous Air Pollutants (NESHAP) program. The requirements of this proposal would apply to all sources that choose to reclassify, including any sources which have reclassified since January 25, 2018. The EPA is proposing that sources reclassifying from major source status to area source status under the NESHAP program must satisfy the following criteria: any permit limitations taken to reclassify from a major source of hazardous air pollutants (HAP) under the Clean Air Act to an area source of HAP must be federally enforceable, any such permit limitations must contain safeguards to prevent emission increases after reclassification beyond the applicable major source NESHAP requirements at time of reclassification, and reclassification will only become effective once a permit has been issued containing enforceable conditions reflecting the requirements proposed in this action and electronic notification has been submitted to the EPA. Additionally, we are proposing clarifications to reporting requirements and updating language regarding submittal of confidential business information.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Pesticide Establishment Application, Notification of Registration, and Pesticide Production Reports for Pesticide-Producing and Device-Producing Establishments (Renewal)
The Environmental Protection Agency has submitted an information collection request (ICR), Pesticide Establishment Application, Notification of Registration, and Pesticide Production Reports for Pesticide-Producing and Device-Producing Establishments (EPA ICR Number 0160.13, OMB Control Number 2070-0078) 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, 2023. Public comments were previously requested via the Federal Register on February 14, 2023 during a 60-day comment period. This notice allows for an additional 30 days for public comments.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Regional Haze Regulations (Renewal)
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Regional Haze Regulations (EPA ICR Number 2540.04, OMB Control Number 2060-0704) 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, 2023. Public comments were previously requested via the Federal Register on March 31, 2023, during a 60-day comment period. This notice allows for an additional 30 days for public comments.
Notice of Public Meeting of the Environmental Financial Advisory Board (EFAB) With Webcast
The Environmental Protection Agency (EPA) announces a public meeting with a webcast of the Environmental Financial Advisory Board (EFAB). The meeting will be shared in real-time via webcast and public comments may be provided in writing in advance or virtually via webcast. Please see SUPPLEMENTARY INFORMATION for further details. The purpose of the meeting will be for the EFAB to discuss possible future advisory charges, provide updates on previous EFAB deliverables, and to understand and consider environmental finance issues in the Great Lakes region and Michigan. The meeting will be conducted in a hybrid format of in-person and virtual via webcast.
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