Environmental Protection Agency – Federal Register Recent Federal Regulation Documents

The State of Montana Department of Environmental Quality has applied to the Environmental Protection Agency (EPA) for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through this direct final action. The 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 State statutes and regulations that will be subject to the EPA's inspection and enforcement. This rule also codifies in the regulations the approval of Montana's hazardous waste management program and incorporates by reference the authorized provisions of the State's regulations.

The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), revisions to the State Implementation Plan (SIP) submitted by the Illinois Environmental Protection Agency (Illinois EPA) on October 22, 2020, and February 14, 2023. The revisions address the emissions inventory requirements for the Chicago and Metro-East nonattainment areas under the 2015 ozone National Ambient Air Quality Standard (NAAQS or standard). The Chicago nonattainment area includes Cook, DuPage, Grundy (Aux Sable and Goose Lake Townships), Kane, Kendall (Oswego Township), Lake, McHenry, and Will counties. The Metro-East nonattainment area includes Madison, Monroe, and St. Clair counties. The CAA requires emissions inventories for all ozone nonattainment areas.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving the July 20, 2021, revisions to the Texas State Implementation Plan (SIP) concerning Reasonably Available Control Technology (RACT) requirements for sources covered by the 2016 Oil and Natural Gas Control Techniques Guidelines (CTG or CTGs) for the Dallas-Fort Worth (DFW) and the Houston- Galveston-Brazoria (HGB) nonattainment areas (NAAs) for the 2008 8-hour ozone National Air Quality Ambient Air Quality Standards (NAAQS).

The Environmental Protection Agency (EPA) is proposing to grant authorization to the State of Montana for the changes to its hazardous waste program under the Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA). The EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through a direct final action which can be found in the ``Rules and Regulations'' section of this Federal Register. In addition, the EPA is proposing to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs,'' Montana's authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under RCRA.

Pursuant to section 4005(d) of the Resource Conservation and Recovery Act (RCRA), the Environmental Protection Agency (EPA or the Agency) is proposing to deny the Alabama Department of Environmental Management's (ADEM or Department) Application for approval of the Alabama coal combustion residuals (CCR) permit program (Application). After reviewing the State CCR permit program Application submitted by ADEM on December 29, 2021, and additional relevant materials, and based on extensive discussions with ADEM regarding its Application, EPA has preliminarily determined that Alabama's CCR permit program does not meet the standard for approval under RCRA. This document announces that EPA is seeking comment on this proposal during a 60-day public comment period and will be holding an in-person public hearing on EPA's proposed denial of Alabama's CCR permit program.

The Environmental Protection Agency (EPA) is proposing to approve a November 15, 2021, redesignation request and State Implementation Plan (SIP) revision submitted by the State of New Jersey. The New Jersey Department of Environmental Protection (NJDEP) is requesting that EPA redesignate 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, New Jersey submitted a limited maintenance plan and its associated contingency measures for the Warren County Nonattainment Area to ensure that attainment of SO2 NAAQS will continue to be maintained. EPA is proposing to approve the request for redesignation and the maintenance plan based on EPA's determination that the Warren County Nonattainment Area has met the redesignation requirements of the Clean Air Act (CAA).

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve the portion of a Wyoming State Implementation Plan (SIP) submission addressing interstate transport for the 2015 8-hour ozone national ambient air quality standards (NAAQS). EPA is also withdrawing our prior May 24, 2022 proposed disapproval of the interstate transport portion of the Wyoming SIP submission. The ``good neighbor'' or ``interstate transport'' provision requires that each state's SIP contain adequate provisions to prohibit emissions from within the state from significantly contributing to nonattainment or interfering with maintenance of the NAAQS in other states. This requirement is part of the broader set of ``infrastructure'' requirements, which are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

The Environmental Protection Agency (EPA) is announcing its approval of fifteen amended certification plans for certifying applicators of Restricted Use Pesticides (RUPs) from the following certifying authorities: Alabama Department of Agriculture and Industries (ADAI), American Samoa Environmental Protection Agency (AS- EPA), Colorado Department of Agriculture (CDA), Commonwealth of the Northern Mariana Islands Bureau of Environmental & Coastal Quality Division of Environmental Quality, Pesticides Branch (CNMI-BECQ-DEQ), Georgia Department of Agriculture (GDA), Iowa Department of Agriculture and Land Stewardship (IDALS), Kentucky Department of Agriculture (KDA), Maryland Department of Agriculture (MdDA), Michigan Department of Agriculture and Rural Development (MDARD), Minnesota Department of Agriculture (MnDA), North Carolina Department of Agriculture and Consumer Services (NCDACS), North Dakota Department of Agriculture (NDDA), Rhode Island Department of Environmental Management (RIDEM), West Virginia Department of Agriculture (WVDA), and Wyoming Department of Agriculture (WDA). The amended plans are 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.

The U.S. Environmental Protection Agency (EPA) is announcing an extension of the public comment period by 15 days for the draft Cumulative Risk Assessment Guidelines for Planning and Problem Formulation. The original Federal Register document announcing the public comment period was published on June 16, 2023.

Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve a May 12, 2022, State Implementation Plan (SIP) submittal from the Ohio Environmental Protection Agency (OEPA). This SIP submittal consists of a source- specific limitation for certain process lines at Forest City Technologies, Plant 4, in Wellington, Ohio. The source-specific limitation reflects the lowest rate possible for the facility given technological and cost considerations. The source-specific limitation is established through the Ohio SIP, per the Ohio Administrative Code (OAC), and listed as an enforceable condition in the facility's operating permit, issued by OEPA on June 23, 2020.

The U.S. Environmental Protection Agency (the EPA) is soliciting information and requesting comments to assist in the potential development of non-regulatory and regulatory options that would ensure the proper management of used industrial containers that held hazardous chemicals or hazardous waste, up to and including the drum reconditioning process. Options could include revising the Resource Conservation and Recovery Act (RCRA) regulations or other, non-regulatory options. This Advance Notice of Proposed Rulemaking (ANPRM) does not propose any regulatory requirements or change any existing regulatory requirements.

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions to the San Joaquin Valley Air Pollution Control District (SJVAPCD) portion of the California State Implementation Plan (SIP). The revisions were submitted by the California Air Resources Board (CARB), on behalf of SJVAPCD, in response to EPA's May 22, 2015, finding of substantial inadequacy and SIP call for certain provisions in the SIP related to exemptions and affirmative defenses applicable to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is proposing approval of the SIP revisions because the Agency has determined that they are in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or the Act).

The Environmental Protection Agency (EPA) proposes to approve 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 proposed 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 proposed 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, incudes a demonstration that such removal of Stage II requirements is consistent with the Clean Air Act and EPA guidance.

In accordance with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERLCA''), notice is hereby given that a proposed CERCLA Cashout Settlement Agreement for Peripheral Parties (``Proposed Agreement'') associated with the Colorado Smelter Superfund Site, Pueblo, Colorado (``Site'') was executed by the U.S. Environmental Protection Agency (``EPA''), Region 8 and is now subject to public comment, after which EPA may modify or withdraw its consent if comments received disclose facts or considerations that indicate that the Proposed Agreement is inappropriate, improper, or inadequate.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality (DAQ), via a letter dated April 13, 2021. This SIP revision includes changes to NCDEQ's regulations regarding bulk gasoline terminals and plants, gasoline cargo tanks and vapor collection systems, and leak tightness and vapor leak requirements. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act).

This action proposes changes to the EPA's Air Emissions Reporting Requirements (AERR). The proposed amendments may require changes to current regulations of State, local, and certain tribal air agencies; would require these agencies to report emissions data to the EPA using different approaches from current requirements; and would require owners/operators of some facilities to report additional emissions data. More specifically, the EPA is proposing to require certain sources report information regarding emission of hazardous air pollutants (HAP); certain sources to report criteria air pollutants, their precursors and HAP; and to require State, local, and certain tribal air agencies to report prescribed fire data. The proposed revisions would also define a new approach for optional collection by air agencies of such information on HAP by which State, local and certain tribal air agencies may implement requirements and report emissions on behalf of owners/operators. The proposed revisions would also make the requirements for point sources consistent for every year; phase in earlier deadlines for point source reporting; and add requirements for reporting fuel use data for certain sources of electrical generation associated with peak electricity demand. The proposed revisions include further changes for reporting on airports, rail yards, commercial marine vessels, locomotives, and nonpoint sources. For owners/operators of facilities that meet criteria described in this proposal, the proposed revisions would require reporting of performance test and performance evaluation data to the EPA for all tests conducted after the effective date provided in the final rulemaking. The EPA also proposes to clarify that information the EPA collects through the AERR is emission data that is not subject to confidential treatment.

The Environmental Protection Agency (EPA) is proposing to make technical corrections that correct or clarify several parts of the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. These technical corrections correct or clarify specific provisions in the existing hazardous waste regulations that were promulgated in the Hazardous Waste Generator Improvements rule, the Hazardous Waste Pharmaceuticals rule, and the Definition of Solid Waste rule. This rule also makes other minor corrections that fall within the same sections of the hazardous waste regulations but are independent of these three rules. Examples of the types of corrections being made in this rule include, but are not limited to, correcting typographical errors, correcting incorrect or outdated citations, making minor clarifications, and updating addresses. In the ``Rules and Regulations'' section of this Federal Register, we are making these technical corrections as a direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. In the preamble to the direct final rule, we have explained our reasons for taking this 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) is approving both a State implementation plan (SIP) revision and Title V operating permits program revision submitted by the Pennsylvania Departmental of Environmental Protection (PADEP) on behalf of the Commonwealth of Pennsylvania. The SIP revision pertains to Pennsylvania's general provisions regarding air resources, operating permit requirements, and plan approval and operating permit fees. This includes increases to existing plan approval application and operating permit fees. The Title V operating permit program revision amends the Title V operating permit program fee schedules that fund the Pennsylvania Title V operating permit program. EPA is approving these revisions to the Pennsylvania SIP and Title V operating permit program in accordance with the requirements of the Clean Air Act (CAA).

This regulation establishes an exemption from the requirement of a tolerance for residues of Flg22-Bt Peptide in or on all food commodities when used as a plant regulator and inducer of local and systemic resistance in accordance with label directions and good agricultural practices. Elemental Enzymes Ag & Turf, LLC submitted a petition, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), requesting an exemption from the requirement of a tolerance for the biochemical pesticide Flg22-Bt Peptide. This regulation eliminates the need to establish a maximum permissible level for residues of Flg22-Bt Peptide under FFDCA when used in accordance with this exemption.

The Environmental Protection Agency (EPA) is proposing to promulgate a Federal Implementation Plan (FIP) under the Clean Air Act (CAA) that consists of contingency measures for the 1997, 2006, and 2012 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ``standards'') for the San Joaquin Valley PM2.5 nonattainment area. The contingency measures would apply to residential wood burning heaters and fireplaces and rural open areas. The proposed FIP, if finalized, would be implemented by the EPA, unless and until replaced through the EPA's approval of a contingency measure state implementation plan (SIP) submission.

This regulation establishes tolerances for residues of imazapic in or on rice, bran and rice, grain. BASF requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Florida on November 22, 2016, and supplemented on September 30, 2022, through the Florida Department of Environmental Protection (FDEP). The November 22, 2016, SIP revision is in response to EPA's SIP Call published on June 12, 2015, concerning excess emissions during startup, shutdown, and malfunction (SSM) events. The September 30, 2022, supplemental SIP revision addresses additional SSM-related rule amendments identified by the State and the addition of source specific sulfur dioxide (SO2) and nitrogen oxide (NOX) emission limits. EPA is approving these SIP revisions and finds that they correct the deficiencies identified in the June 12, 2015, SIP Call. EPA is also approving a portion of a SIP revision submitted by FDEP on April 1, 2022, which modifies provisions that regulate emissions of SO2, NOX, and visible emissions and modifies requirements for major stationary sources of volatile organic compounds (VOC) and NOX.

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Modification of Secondary Treatment Requirements for Discharges into Marine Waters (Renewal)'' (EPA ICR Number. 0138.12, Office of Management and Budget (OMB) Control Number. 2040-0088) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA is soliciting public comment on specific aspects of the proposed information collection as described below. This is a proposed extension of the Information Collection Request (ICR), which is currently approved through April 30, 2024. This notice allows for 60 days for public comments.

The Environmental Protection Agency (EPA) is finalizing the approval of a State Implementation Plan (SIP) revision to the North Carolina SIP, submitted by the State of North Carolina through the North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality (NCDAQ), via a letter dated April 13, 2021. This SIP revision updates several NCDEQ air regulations which apply to sources that emit volatile organic compounds (VOC).

In this notice, the Environmental Protection Agency (EPA) is notifying the public that it has found that the 2023 motor vehicle emissions budgets (MVEBs) for volatile organic compounds (VOCs) and nitrogen oxides (NOX), submitted by the Maryland Department of the Environment (MDE) on March 7, 2023, for the 2015 8-hour ozone national ambient air quality standard (NAAQS), are adequate for transportation conformity purposes for the Baltimore 2015 8-hour ozone moderate nonattainment area. As a result of EPA's finding, the State of Maryland must use the MVEBs from the March 7, 2023, attainment demonstration for future conformity determinations for the 2015 8-hour ozone standard.