🌍EPA Reinstates Ohio Air Nuisance Rule
The Environmental Protection Agency (EPA) is taking final action to correct a November 19, 2020, rulemaking removing 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 (Sixth Circuit or Court) 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, upon remand, EPA proposed 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. EPA proposed to take this action on February 22, 2024 and received both supportive and adverse comments. EPA is finalizing this action as proposed, and upon the effective date of this action, the ANR will be reinstated into the Ohio SIP.
Learn More🌍Proposed EPA Regulations Impacting California Air Quality Compliance
The Environmental Protection Agency (EPA) is proposing action on three permitting rules submitted as a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or "District") portion of the California State Implementation Plan (SIP). These revisions concern the District's New Source Review (NSR) permitting program for new and modified sources of air pollution under section 110(a)(2)(C) and part D of title I of the Clean Air Act (CAA or "Act"). This action will update the California SIP with rules that the District has revised to address deficiencies identified in a previous limited disapproval action and to incorporate other revisions related to NSR requirements. We are taking comments on this proposal and plan to follow with a final action. Elsewhere in this Federal Register, we are making an interim final determination that will defer the imposition of CAA sanctions associated with our previous limited disapproval action. This action also proposes to revise regulatory text to clarify that the SJVUAPCD is not subject to the federal implementation plan related to protection of visibility.
Learn More🚧EPA's Proposed Clean Water Act Methods
The U.S. Environmental Protection Agency (EPA) is proposing to promulgate new methods and update the tables of approved methods for the Clean Water Act. The Clean Water Act requires the EPA to promulgate test procedures for the analysis of pollutants. Promulgating new methods and updating the tables of approved methods increases the quality and consistency of data collected for the purposes of the Clean Water Act. In this rule, the EPA proposes to add new EPA methods for per- and polyfluoroalkyl substances (PFAS) and polychlorinated biphenyl (PCB) congeners, and add methods previously published by voluntary consensus bodies that industries and municipalities would use for reporting under the EPA's National Pollutant Discharge Elimination System permit program. The EPA also proposes to withdraw the seven Aroclor (PCB mixtures) parameters. In addition, the EPA is proposing to simplify the sampling requirements for two volatile organic compounds, and make a series of minor corrections to existing tables of approved methods. This proposed rule does not mandate when a parameter must be monitored or establish a discharge limit.
Learn More🌍EPA Defers Sanctions for San Joaquin Valley Air Pollution Compliance
The Environmental Protection Agency (EPA) is making an interim final determination that the California Air Resources Board (CARB) has submitted a Clean Air Act (CAA or "Act") state implementation plan (SIP) revision on behalf of the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or "District") that corrects deficiencies concerning the District's new source review (NSR) stationary source permitting program. This determination is based on a proposed approval, published elsewhere in this issue of the Federal Register, of SJVUAPCD Rules 1020, 2020, and 2201. The effect of this interim final determination is to defer sanctions that were triggered by the EPA's limited disapproval of SJVUAPCD Rule 2201 in 2023.
Learn More🌫️EPA Proposes Disapproval of West Virginia's Regional Haze SIP
The Environmental Protection Agency (EPA) is proposing to disapprove a revision to West Virginia's State Implementation Plan (SIP) submitted by the West Virginia Department of Environmental Protection (WV DEP) on August 12, 2022. The SIP was submitted to satisfy applicable requirements under the Clean Air Act (CAA) and EPA's Regional Haze Rule (RHR) for the program's second planning period. If finalized, disapproval does not start a mandatory sanctions clock. The EPA is taking this action pursuant to sections 110 and 169A of the Clean Air Act.
Learn More📜EPA Extends Comment Period on 6PPD Regulatory Investigation
In the Federal Register of November 19, 2024, EPA issued an advance notice of proposed rulemaking soliciting public comment on and any additional information relevant to the potential risks associated with N-(1,3-Dimethylbutyl)-N'-phenyl-p-phenylenediamine (6PPD) (CASRN 793-24-8, DTXSID 9025114) and its transformation product, 6PPD-quinone (CASRN 2754428-18-5, DTXSID 301034849). EPA is soliciting that information, along with information about potential alternatives and regulatory options, to help inform the Agency's consideration of potential future regulatory actions under the Toxic Substances Control Act (TSCA). With this document, EPA is extending the comment period by 60 days, from January 21, 2025, to March 24, 2025.
Learn More🔥EPA Approves Removal of Recreational Fires Ban in Washington
The Environmental Protection Agency (EPA) is approving a revision to the Washington State Implementation Plan (SIP) that was submitted by the Department of Ecology (Ecology) in coordination with the Olympic Region Clean Air Agency (ORCAA). In 2013, Ecology and ORCAA inadvertently submitted for incorporation into the SIP a ban on small, recreational fires in Thurston County. These fires are defined as having a maximum pile size of three feet in diameter by two feet high using seasoned firewood or charcoal, generally associated with backyard, summer campfires. Ecology and ORCAA provided a review of the historical record to demonstrate that the ban on recreational fires was not relied upon for attainment, maintenance, or reasonable further progress in the Thurston County area. Ecology and ORCAA also provided data to demonstrate that removing the ban on recreational fires would not interfere with maintenance of the national ambient air quality standards. Therefore, we are approving the request by Ecology and ORCAA to remove this provision from the SIP.
Learn More🌱Guidelines for Climate-Smart Ag Practices in Biofuel Production
This interim rule with request for comment establishes technical guidelines for quantifying, reporting, and verifying the greenhouse gas (GHG) emissions associated with agricultural production of biofuel feedstock commodity crops grown in the United States in the context of environmental service markets. Specifically, the rule establishes guidelines for the reporting and verification of practices and technologies used in the production of certain commodity crops that result in lower greenhouse gas emissions or increases in carbon storage. These practices are referred to in the context of this rule as climate-smart agriculture (CSA) practices. The guidelines established through this rule articulate an approach for farm producers to quantify the GHG emissions associated with crops produced using one or more CSA practices. The guidelines also articulate a framework for how information regarding GHG emissions, resulting from the production of biofuel feedstock commodity crops, could be reported and tracked throughout the supply chain.
Learn More⚠️EPA Proposes TRI Regulations Affecting PFAS Compliance for Businesses
The National Defense Authorization Act for Fiscal Year 2020 (NDAA) adds certain per- and polyfluoroalkyl substances (PFAS) automatically to the Toxics Release Inventory (TRI) beginning January 1 of the year following specific triggering events. The Environmental Protection Agency (EPA or Agency) is proposing to make conforming edits to the TRI regulation to explicitly include PFAS that are added to the TRI chemical list automatically pursuant to the NDAA in the regulation's definition of "toxic chemical." This edit confirms that the TRI supplier notification provision requires covered suppliers to notify customers receiving a mixture or other trade name product containing a TRI-listed chemical with the first shipment of each calendar year, with such a requirement beginning on January 1 of the applicable year; thus, supplier notifications are required as of January 1 for any NDAA-added PFAS.
Learn More🌍EPA Revises Federal Implementation Plan for Sulfur Dioxide in Montana
The Environmental Protection Agency (EPA) is revising a Federal Implementation Plan (FIP) applicable to sulfur dioxide (SO<INF>2</INF>) emissions from four sources located in Billings and Laurel, Montana. Specifically, the EPA is revising a portion of the FIP promulgated by the EPA in 2008 (2008 Billings/Laurel SO<INF>2</INF> FIP) by removing a provision which contained an affirmative defense for exceedances of flare emission limits during malfunctions, startups, and shutdowns. The EPA is taking this action pursuant to the Clean Air Act (CAA).
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