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🌍EPA Extends Comment Periods on Key Regulatory Notices

This document extends the comment period for three notices published by the Environmental Protection Agency in the Federal Register on December 3, 2024 and December 13, 2024.

🌍Overview of EPA's Environmental Impact Statements and Business Compliance

🌍EPA Reopens Comment Periods on Key Environmental Regulations

This document reopens the comment period for 30 days for six notices published by the Environmental Protection Agency in the Federal Register between October 31, 2024, and January 14, 2025. This document reopens the comment period for those six notices with comment periods that closed January 27, 2025, and January 29, 2025.

⏳Delay of EPA Regulation Dates

In accordance with the memorandum of January 20, 2025, from President Donald J. Trump, entitled "Regulatory Freeze Pending Review," this action temporarily delays until March 21, 2025, the effective date of the regulations listed in the table below. EPA has initially identified 4 regulations that meet the criteria in the memo and may identify additional regulations in subsequent notices.

🌎Proposed EPA Regulations on Ethylene Oxide Emissions Standards

The Environmental Protection Agency (EPA) is proposing to establish a new area source category to address chemical manufacturing process units (CMPUs) using ethylene oxide (EtO). The EPA is proposing to list EtO in table 1 to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Chemical Manufacturing Area Sources (referred to as the CMAS NESHAP in this document) and to add EtO- specific requirements to the CMAS NESHAP. The EPA is also proposing to add a fenceline monitoring program for EtO. In addition, the EPA is proposing new requirements for pressure vessels and pressure relief devices (PRDs). This proposal also presents the results of the EPA's technology review of the CMAS NESHAP as required under the Clean Air Act (CAA). As part of this technology review, the EPA is proposing to add new leak detection and repair (LDAR) requirements to the CMAS NESHAP for equipment leaks in organic HAP service and heat exchange systems. The EPA is also proposing performance testing once every 5 years and to add provisions for electronic reporting. We estimate that the proposed amendments to the CMAS NESHAP, excluding the proposed EtO emission standards, would reduce hazardous air pollutant (HAP) emissions from emission sources by approximately 158 tons per year (tpy). Additionally, the proposed EtO emission standards are expected to reduce EtO emissions by approximately 4.6 tpy.

🌍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.

🌫️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.

🌱EPA Seeks Rule Change on Pesticide Labeling Requirements

The Environmental Protection Agency (EPA) is announcing the availability of and seeking public comment on a petition received from the Attorneys General of the States of Nebraska, Iowa, Alabama, Arkansas, Georgia, Indiana, Louisiana, Montana, North Dakota, South Carolina, and South Dakota requesting the Agency initiate rulemaking to amend the existing regulations under the Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA). The Attorneys General believe the Agency should modify its requirements such that any state labeling requirements inconsistent with EPA's findings and conclusions from its human health risk assessment on human health effects, such as a pesticide's likelihood to cause cancer, birth defects, or reproductive harm, constitute misbranding.

🌍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.

🌍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.