Environmental Protection Agency – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (the EPA or the Agency) is amending a Federal Clean Water Act (CWA) rule, the California Toxics Rule, to promulgate a final, revised statewide chronic freshwater selenium water quality criterion applicable to certain California waters to protect aquatic life and aquatic-dependent wildlife from exposure to toxic levels of selenium. This revised criterion builds upon the science underlying the EPA's current national CWA section 304(a) recommended aquatic life freshwater criterion for selenium.

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel their registrations of certain product registrations and/or to amend their product registrations to terminate one or more uses. EPA intends to grant these requests 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, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled and/or uses have been terminated only if such sale, distribution, or use is consistent with the terms as described in the final order.

The Environmental Protection Agency (EPA) is denying a request by the State of Utah and the Ute Indian Tribe for an extension of the attainment date for the Uinta Basin, Utah Marginal nonattainment area under the 2015 ozone National Ambient Air Quality Standards (NAAQS). In addition, we are determining that the area did not attain the standard by the applicable attainment date, and accordingly that the area will be reclassified by operation of law to "Moderate" nonattainment for the 2015 ozone NAAQS on the effective date of this final rule. With respect to the Uinta Basin area, this action fulfills the EPA's obligation under the Clean Air Act (CAA) to determine whether ozone nonattainment areas attained the NAAQS by the Marginal area 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 Environmental Protection Agency (EPA) is making a determination that the Evangeline Parish, Louisiana, sulfur dioxide (SO2) nonattainment area (NAA) failed to attain the 2010 1- hour primary SO2 national ambient air quality standard (2010 SO2 NAAQS) under the Clean Air Act (CAA or the Act) by the applicable statutory attainment date of April 9, 2023. This determination is based upon consideration and review of all relevant and available information for the NAA, including reported emissions records and available modeling data for the area's primary SO2 source, Cabot Corporation's Ville Platte Plant (Cabot).

The Environmental Protection Agency (EPA) is making corrections to a final rule that appeared in the Federal Register of November 12, 2024, that finalized several revisions to EPA's lead-based paint (LBP) regulations. Subsequent to publication, the Office of the Federal Register (OFR) informed the Agency that there were errors in the amendatory instructions that describe specific revisions for two sections of the regulation. The corrections to the amendatory instructions will allow for the proper revisions to be incorporated into the Code of Federal Regulations (CFR).

The Environmental Protection Agency (EPA or Agency) is finalizing the Health and Safety Reporting Rule under the Toxic Substance Control Act (TSCA) to require manufacturers (including importers) of the sixteen chemical substances identified in this rulemaking to submit copies and lists of certain unpublished health and safety studies to EPA. Health and safety studies sought by this action will inform EPA actions in carrying out its responsibilities pursuant to TSCA, including prioritization, risk evaluation, and risk management.

All 10 Environmental Protection Agency (EPA) Regions are proposing for public comment the 2026 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges associated with industrial activity, also referred to as the "2026 Multi-Sector General Permit (MSGP)" or the "proposed permit." The proposed permit once finalized will replace the EPA's existing MSGP that expires on February 28, 2026. The EPA proposes to issue this permit for five (5) years. Once finalized, this permit will be available in areas where the EPA is the NPDES permitting authority. The EPA solicits comment on all aspects of the proposed general permit and seeks public comment on specific requests for information as described in of this document. The public is encouraged to read the proposed permit fact sheet to better understand the proposed permit requirements. The proposed permit and fact sheet can be found at https://www.epa.gov/npdes/stormwater-discharges-industrial-ac tivities.

This regulation establishes an exemption from the requirement of a tolerance for residues of the Streptomyces sviceus DGT-28 EPSPS (5-enolpyruvylshikimate-3-phosphate synthase) protein (hereafter DGT-28 EPSPS protein), in or on the food and feed commodities of corn: corn, field; corn, sweet; and corn, pop, when used as a plant-incorporated protectant (PIP) inert ingredient. Pioneer Hi-Bred International, Inc., (Pioneer) 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 DGT-28 EPSPS protein.

EPA has authorized its contractor SRC, Inc. of North Syracuse, NY to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

The Environmental Protection Agency (EPA) is proposing amendments to the Standards of Performance for new, modified, and reconstructed stationary combustion turbines and stationary gas turbines based on a review of available control technologies for limiting emissions of criteria air pollutants. This review of the new source performance standards (NSPS) is required by the Clean Air Act (CAA). As a result of this review, the EPA is proposing to establish size-based subcategories for new, modified, and reconstructed stationary combustion turbines that also recognize distinctions between those that operate at varying loads or capacity factors and those firing natural gas or non-natural gas fuels. In general, the EPA is proposing that combustion controls with the addition of post-combustion selective catalytic reduction (SCR) is the best system of emission reduction (BSER) for limiting nitrogen oxide (NOX) emissions from this source category, with certain, limited exceptions. Based on the application of this BSER and other updates in technical information, the EPA is proposing to lower the NOX standards of performance for most of the stationary combustion turbines included in this source category. In addition, for new, modified, and reconstructed stationary combustion turbines that fire or co-fire hydrogen, the EPA is proposing to ensure that those sources are subject to the same level of control for NOX emissions as sources firing natural gas or non-natural gas fuels, depending on the percentage of hydrogen fuel being utilized. The EPA is proposing to maintain the current standards for sulfur dioxide (SO2) emissions, because after reviewing the current SO2 standards, we propose to find that the use of low-sulfur fuels remains the BSER. Finally, the Agency is proposing amendments to address specific technical and editorial issues to clarify the existing regulations.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Sulfuric Acid Plants (EPA ICR Number 1057.16, OMB Control Number 2060-0041) 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 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 proposing a narrow modification to its 2022 CGP to expand the list of areas eligible for coverage to include construction projects in Lands of Exclusive Federal Jurisdiction. This modification is necessary because the EPA is the permitting authority in Lands of Exclusive Federal Jurisdiction, and when the CGP was issued on February 17, 2022, the permit did not specifically provide eligibility for all of these areas. The proposed modification would also clarify the CGP requirements that apply to projects that discharge to receiving waters within Lands of Exclusive Federal Jurisdiction. The EPA seeks comment only on the proposed permit revisions and the accompanying fact sheet. The fact sheet and proposed permit modification can be found at https:// www.epa.gov/npdes/stormwater-discharges-construction-activiti es.

EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for certain chemical substances that were the subject of premanufacture notices (PMNs) and are also subject to an Order issued by EPA pursuant to TSCA. The SNURs require persons to notify EPA at least 90 days before commencing the manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use in the SNUR. The required notification initiates EPA's evaluation of the conditions of that 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 is amending a provision of the 2023 Technology Transitions regulations promulgated under the American Innovation and Manufacturing Act of 2020. This action provides until January 1, 2027, for the installation of certain new variable refrigerant flow air conditioning and heat pump systems which use components manufactured in the United States or imported into the United States prior to January 1, 2026. This action also provides until January 1, 2028, for the installation of certain new variable refrigerant flow air conditioning and heat pump systems if a building permit that approves the use of a hydrofluorocarbon or blend containing a hydrofluorocarbon in such a system was issued prior to October 5, 2023, provided that the system uses components manufactured in the United States or imported into the United States prior to January 1, 2026. This action will mitigate the potential for stranded inventory of variable refrigerant flow systems.

The Environmental Protection Agency (EPA) announces a public meeting 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 and vote on the draft deliverable on the Water Affordability charge. The meeting will be conducted virtually via webcast.

The Environmental Protection Agency (EPA) is taking final action to find that California has failed to submit State Implementation Plan (SIP) elements required under the Clean Air Act (CAA or the "Act") for the 2008 and 2015 8-hour ozone national ambient air quality standards (NAAQS) in the San Diego County nonattainment area. California was required to submit a SIP submission demonstrating that reasonably available control technology (RACT) requirements are implemented at the "Serious" nonattainment area classification for the 2008 and 2015 ozone NAAQS. The State submitted the required RACT demonstrations on December 28, 2020, but subsequently withdrew portions of its submission on August 23, 2024. If the EPA has not affirmatively found that the State has submitted a complete SIP for the withdrawn RACT element requirements within 18 months of this finding, the offset sanction will apply in the area. If within six additional months the EPA has still not affirmatively determined that the State has submitted a complete SIP for the withdrawn RACT element requirements, the highway funding sanction will apply in the area. No later than two years after the EPA makes this finding, if the State has not submitted and the EPA has not approved each of the required RACT elements, the EPA must promulgate a federal implementation plan (FIP) to address the remaining requirements.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NSPS for Petroleum Refineries (EPA ICR Number 1054.15, OMB Control Number 2060-0022) 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 18, 2023 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency has submitted an information collection request (ICR), NSPS for Electric Utility Steam Generating Units (EPA ICR Number 1053.14, OMB Control Number 2060-0023) 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 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 planning to submit an information collection request (ICR), "Information Collection Activities Associated with the SmartWay Transport Partnership" (EPA ICR No. 2265.04, OMB Control No. 2060-0663) 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 March 25, 2025. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

This action finalizes the Federal plan for existing commercial and industrial solid waste incineration units (CISWI). This final action implements the U.S. Environmental Protection Agency's (EPA) emission guidelines adopted on February 7, 2013, as amended on June 23, 2016, and on April 16, 2019, in states that do not have an approved state plan implementing the emission guidelines in place by the effective date of this Federal plan. The implementation of the emission guidelines will result in emissions reductions of the regulated pollutants including cadmium, hydrogen chloride, lead, mercury, carbon monoxide, nitrogen oxides, particulate matter, and sulfur dioxide from the affected CISWI. This final action is also revising the definition of "small, remote incinerator" to reflect new statutory prohibitions on the implementation of CISWI standards to units in the State of Alaska.

This determination of acceptability expands the list of acceptable substitutes pursuant to the U.S. Environmental Protection Agency's Significant New Alternatives Policy program. This action lists four substitutes as acceptable additional substitutes for use in the refrigeration and air conditioning and foam blowing sectors.

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.

The Environmental Protection Agency (EPA) is proposing to approve Washington State Implementation Plan (SIP) revisions to the Southwest Clean Air Agency (SWCAA) air quality regulations submitted by the State of Washington, through the Department of Ecology (Ecology) on June 22, 2023. The revisions were submitted in part to respond to the EPA's June 12, 2015 "SIP call" in which the EPA found a provision in the Washington SIP applicable in the area regulated by SWCAA to be substantially inadequate, providing affirmative defenses that operate to limit the jurisdiction of the Federal court in an enforcement action related to excess emissions during startup, shutdown, and malfunction (SSM) events. The EPA is proposing approval of the SIP revisions and proposing to determine that the submitted revisions to the substantially inadequate provision corrects the deficiency identified in the 2015 SSM SIP call and the EPA's January 2022 finding of failure to submit. Washington withdrew some portions of the revisions submitted that were not identified in the 2015 SSM SIP call and therefore the EPA is not proposing action on those withdrawn portions.