Environmental Protection Agency – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office is announcing two public meetings of the Clean Air Scientific Advisory Committee (CASAC) Nitrogen Oxides (NOX) Panel and the Chartered CASAC. The purpose of the CASAC NOX Panel meeting is to provide consultative advice on the Integrated Review Plan for the Primary National Ambient Air Quality Standards (NAAQS) for NOX, Volume 2. The purpose of the Chartered CASAC meeting is to provide advice on the NAAQS review process.

In accordance with the Clean Air Act, as amended (``CAA'' or ``the Act''), notice is given of a proposed consent decree to address lawsuits filed by Our Children's Earth Foundation (``Plaintiff'') in the United States District Court for the Northern District of California: Our Children's Earth Foundation v. Michael S. Regan, No. 3:23-cv-04955-WHA (N.D. Cal.). Plaintiff filed a complaint alleging that the Administrator failed to perform certain non-discretionary duties in accordance with the Act to take final action on state implementation plan (``SIP'') revisions submitted by the States of Arizona, New Mexico, Colorado, and Utah. Certain claims included in the Complaint were acted upon by Environmental Protection Agency (EPA) or were withdrawn by the State during the pendency of the suit, and the proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking on the remaining claims.

The U.S. Environmental Protection Agency (EPA) invites nominations of scientific experts to be considered for appointment to the Clean Air Scientific Advisory Committee (CASAC). Appointments will be made by the Administrator.

The Environmental Protection Agency (EPA) Administrator signed an order dated February 7, 2024, granting a petition dated September 26, 2023 from the Environmental Integrity Project, the Clean Air Council, and PennFuture. The petition requested that the EPA object to a Clean Air Act (CAA) title V operating permit issued by the Allegheny County Health Department (ACHD) to the U.S. Steel Mon Valley Works Edgar Thompson Plant (U.S. Steel, Edgar Thompson) for its steel production facility located in Braddock, Allegheny County, Pennsylvania.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Delaware into Delaware's existing SIP-approved public notice requirements for certain permits authorized under Delaware regulation 1102. The revisions Delaware made to its underlying regulation standardize the public notices requirements across various permits under Delaware regulation 1102 to be consistent with EPA's October 18, 2016 final rule amendments to the notice and comment requirements for Title V, new source review and outer continental shelf (OCS) permit programs. This action is being taken under the Clean Air Act (CAA).

This action proposes editorial and technical revisions to the Environmental Protection Agency's (EPA's) Method 320 (Measurement of Vapor Phase Organic and Inorganic Emissions by Extractive Fourier Transform Infrared (FTIR) Spectroscopy). The proposed revisions include updating the validation and quality assurance (QA) spiking procedures of the method to provide a more performance-based approach with specified acceptance criteria. The proposed revisions will provide flexibility to the stack testing community while ensuring consistent implementation and quality of the measurement results across emissions sources and facilities.

The Environmental Protection Agency (EPA) is taking final action to approve portions of two State implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') and the 2015 8-hour ozone NAAQS in the San Diego County ozone nonattainment area (``San Diego County area'' or ``area''). The first SIP revision, ``2020 Plan for Attaining the National Ambient Air Quality Standards for Ozone in San Diego County'' (``2020 San Diego County Ozone SIP'' or ``2020 Plan''), addresses most of the SIP requirements for the area. The second SIP revision, referred to as the ``Smog Check Certification,'' supplements the motor vehicle inspection and maintenance program portion of the 2020 Plan. The EPA is taking final action to approve the 2020 Plan, and the San Diego County area portion of the Smog Check Certification, as meeting all the applicable ozone nonattainment area requirements for the 2008 and 2015 8-hour ozone NAAQS addressed by the plan except for the emissions statement requirement that the EPA previously found to have been met and the contingency measure requirements, for which the EPA is deferring action.

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving the CAA section 111(d) State plan revision submitted by the State of Arkansas for existing kraft pulp mills subject to the Kraft Pulp Mills Emission Guidelines (EG). The Arkansas section 111(d) plan revision for kraft pulp mills contains administrative changes to the State regulations and also aligns compliance testing requirements to make it consistent with EPA's kraft pulp mills new source performance standards. EPA is also notifying the public that we have received a CAA section 111(d) negative declaration from Arkansas for existing sulfuric acid plants subject to the Sulfuric Acid Plants EG. This negative declaration certifies that existing sulfuric acid plants subject to the Sulfuric Acid Plants EG and the requirements of sections 111(d) of the CAA do not exist within Arkansas. The EPA is approving the State plan revision for existing kraft pulp mills, accepting the negative declaration for existing sulfuric acid plants, withdrawing its approval of the Arkansas State plan for existing sulfuric acid plants, and amending the agency regulations in accordance with the requirements of the CAA.

This regulation establishes an exemption from the requirement of a tolerance for residues of 1,4-bis[[3-[2-(2- hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione, when used as an inert ingredient (colorant/dye) on growing crops and raw agricultural commodities pre- and post-harvest in/on animals, limited to a maximum concentration of 0.5% in a pesticide formulation, and in antimicrobial formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils not to exceed 300 ppm in the end-use concentration. Spring Regulatory Sciences on behalf of Colorants Solutions (new name Heubach Colorants USA LLC) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10- anthracenedione, when used in accordance with the terms of those exemptions.

The Environmental Protection Agency (EPA) is seeking public nominations of scientific and technical experts that EPA can consider for service as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the Agency's evaluation of the risks from di-isodecyl phthalate (DIDP) and di- isononyl phthalate (DINP) being conducted to inform risk management decisions under the Toxic Substances Control Act (TSCA). To facilitate nominations, this document provides information about the SACC, the intended topic for the planned peer review, the expertise sought for this peer review, instructions for submitting nominations to EPA, and the Agency's plan for selecting the ad hoc reviewers for this peer review. EPA is planning to convene a virtual public meeting of the SACC in the summer of 2024 to review the draft risk evaluations.

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut addressing source monitoring in Connecticut. The principal proposed revision is replacement of Regulations of Connecticut State Agencies (RCSA) section 22a-174-4 (source monitoring, record keeping and reporting), which is currently in the Connecticut SIP, with a new regulation section 22a-174-4a, also called ``source monitoring, record keeping and reporting.'' The source monitoring SIP revision provides monitoring, recordkeeping and reporting requirements to ensure that certain sources comply with applicable emissions limitations. This action is being taken under the Clean Air Act.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), ``Lead Training, Certification, Accreditation and Authorization Activities,'' (EPA ICR No. 2507.05 and OMB Control No. 2070-0195) 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 February 29, 2024. Public comments were previously requested via the Federal Register on April 26, 2023. This notice allows for an additional 30 days for public comments.

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings (EPA ICR Number 1765.10, OMB Control Number 2060-0353) 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 February 29, 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.

This regulation establishes a tolerance for residues of triclopyr, including its metabolites and degradates, in or on sugarcane, cane. The Interregional Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) Administrator signed an order dated January 30, 2024, granting in part and denying in part a petition dated June 1, 2023, from Sierra Club. The petition requested that the EPA object to a Clean Air Act (CAA) title V operating permit issued by the Maricopa County Air Quality Department (MCAQD) to the Salt River Project Agricultural Power District (SRP) Agua Fria Generating Station for its electricity generating station located in Glendale, Arizona.

The Environmental Protection Agency (EPA) Administrator signed an order dated November 2, 2023 granting in part and denying in part a petition dated June 23, 2023 from the Environmental Integrity Project, Clean Air Council, and Sierra Club. The petition requested that the EPA object to a Clean Air Act (CAA) title V operating permit issued by the Pennsylvania Department of Environmental Protection (PADEP) to Covanta Delaware Valley LP, Delaware Valley Resource Recovery for its waste-to- energy plant located in the City of Chester, Delaware County, Pennsylvania.

EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

On January 9, 2024, the Environmental Protection Agency (EPA) proposed a rule titled, ``Clarifying the Scope of ``Applicable Requirements'' Under State Operating Permit Programs and the Federal Operating Permit Program.'' The EPA has received requests for additional time to review and comment on the proposed rule revisions. The EPA is extending the comment period on the proposed rule that was scheduled to close on March 11, 2024, by an additional 30 days, until April 10, 2024.

EPA has authorized its contractor Avanti Corporation (Avanti) of Alexandria, VA, 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 announcing a 30- day public comment period for the draft document titled, ``Technical Documentation for the Framework for Evaluating Damages and Impacts (FrEDI)'' (EPA 430-R-24-001). This document provides technical documentation of a Framework used to analyze future climate change- related impacts to the United States, projected to occur across multiple impact sector categories, geographic regions, and populations, under any custom temperature scenario. This approach serves as an alternative or complement to traditional scenario-based approaches in order to improve communication of results, comparability between studies, and flexibility to facilitate scenario analysis. The draft technical documentation will also be subject to external peer review. Prior to finalizing the draft document, EPA intends to carefully consider all comments received from the public and from external peer reviewers. This draft document is not final as described in EPA's information quality guidelines and does not represent and should not be construed to represent Agency policy or views. The draft document is available via the internet on EPA's web page at https://www.epa.gov/ cira/2024-draft-fredi-td.

The National Environmental Education and Training Foundation (doing business as The National Environmental Education Foundation or ``NEEF'') was created as a private 501(c)(3) non-profit organization. It was established by Congress as a common ground upon which leaders from business and industry, all levels of government, public interest groups, and others can work cooperatively to raise a greater national awareness of environmental issues beyond traditional classrooms.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Virginia (Commonwealth or Virginia). This revision consists of an amendment to the list of Virginia nonattainment areas to include a newly designated sulfur dioxide (SO2) nonattainment area. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to correct the November 19, 2020, removal of the Air Nuisance Rule (ANR) from the Ohio State Implementation Plan (SIP). This action is in response to a February 10, 2023, decision by the United States Court of Appeals for the Sixth Circuit to remand without vacatur EPA's removal of the ANR from the Ohio SIP. Because the Court did not vacate EPA's removal of the ANR, the ANR is currently not in Ohio's SIP. After reevaluating EPA's November 19, 2020, rulemaking, as directed by the Court, EPA is proposing to determine that its November 2020 final action was in error, and to correct that action by reinstating the ANR as part of the Ohio SIP.

The Environmental Protection Agency (EPA) is adopting the Department of Energy's (DOE) Categorical Exclusion (CE) for Methane Gas Recovery and Utilization Systems under the National Environmental Policy Act (NEPA) to use in EPA's program and funding opportunities administered by EPA. This notice describes the categories of proposed actions for which EPA intends to use DOE's CE and describes the consultation between the agencies.