A bill to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes. (Congressional Record 27 July 2023 [Senate] Pages S3756)

Following careful reconsideration of the water quality certification rule the EPA is finalizing a rule revising and replacing the 2020 regulatory requirements for water quality certification under CWA section 401. This final rule updates the existing regulations to better align with the statutory text and purpose of the CWA; to clarify, reinforce, and provide a measure of consistency with elements of section 401 certification practice that have evolved over the more than 50 years since EPA first promulgated water quality certification regulations; and to support an efficient and predictable certification process that is consistent with the water quality protection and cooperative federalism principles central to CWA section 401. An Executive order signed on January 20, 2021, entitled "Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis," directed the Agency to review the water quality certification rule EPA promulgated in 2020, and this final rule culminates that review. The Agency is also finalizing conforming amendments to the water quality certification regulations for EPA-issued NPDES permits. This action is effective on 27 November 2023. POC is Lauren Kasparek, Office of Water (4504–T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: 202–564–3351; email: cwa401@epa.gov. (Federal Register 27 September 2023 [Final] Pages 66558-66666)

EPA finalized regulatory changes that address several key issues in the Polychlorinated Biphenyls Cleanup and Disposal program under the Toxic Substances Control Act. This final rule expands the available options for extraction and determinative methods used to characterize and verify the cleanup of PCB waste, which would greatly reduce the amount of solvent used in PCB extraction processes. EPA also finalized more flexible provisions to facilitate cleanup of waste during emergencies (e.g., hurricanes or floods), strengthened protections for the performance-based disposal option for PCB remediation waste, and made other updates to the regulations. EPA's revisions are based on the emergence of new science and information about PCBs, the advancement of analytical methods and technology, and requests from the regulated community to address concerns and improve the clarity of the regulations.

EPA's National Compliance Initiatives (NCIs) advance the Agency Strategic Plan's objectives to improve air quality, provide for clean and safe water, ensure chemical safety, and improve compliance with our nation's environmental laws while enhancing shared accountability between the EPA and states and tribes with authorized environmental programs.

EPA is joining state and local partners to launch SepticSmart Week 2023, a week-long annual campaign to educate homeowners and renters on how to properly maintain their septic systems. When septic systems are well-functioning, the health of the nation's communities and ecosystems is better protected. By being SepticSmart, homeowners can also avoid thousands of dollars in unnecessary repairs. Running from September 18 through September 22 this year, SepticSmart week is a partnership between EPA, state, Tribal, and local officials, wastewater professionals, and homeowners.

EPA announced a final rule to restore the fundamental authority granted by Congress to states, territories, and Tribes to protect water resources that are essential to healthy people and thriving communities. The agency's final CWA Section 401 Water Quality Certification Improvement Rule will support clear, efficient, and focused water quality reviews of infrastructure and development projects that are key to economic growth. Clean Water Act Section 401 enables states, territories, and authorized Tribes to protect their water quality from adverse impacts of construction or operation of federally permitted projects. Under Section 401 of the Act, a federal agency may not issue a license or permit to conduct any activity that may result in any discharge into a water of the US, unless the appropriate state, territory, or authorized Tribe issues a CWA Section 401 water quality certification or waives certification. EPA's 2023 rule realigns the scope of Section 401 certification with decades of established practice and restores and strengthens the role of states, territories, and authorized Tribes. The rule enhances certification review and provides regulatory certainty to advance federally permitted projects. The rule emphasizes that states, territories, and Tribes may only consider the adverse water quality-impacts from the activity. The rule also provides a clear approach to defining the required contents in a request for certification.

EPA is proposing to amend the General Provisions for National Emission Standards for Hazardous Air Pollutants (NESHAP) to address applicability and compliance issues resulting from the addition of a compound to the list of hazardous air pollutants (HAP) under the Clean Air Act (CAA). This action focuses on issues related to newly applicable standards for sources that become major sources solely from the addition of a compound to the CAA HAP list. This action also includes a discussion of the impacts of a newly listed HAP on the federal operating permit program. Comments must be received on or before 13 November 2023. POC is Susan Miller, Mail Drop: D205–02, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number: (919) 541–2443; email: miller.susan@epa.gov. (Federal Register 13 September 2023 [Proposed Rule] Pages 62711-62725)

The Environmental Protection Agency (EPA) and the Department of the Army ("the agencies") are amending the Code of Federal Regulations (CFR) to conform the definition of "waters of the United States" to a 2023 Supreme Court decision. This conforming rule amends the provisions of the agencies' definition of "waters of the United States" that are invalid under the Supreme Court's interpretation of the Clean Water Act in the 2023 decision. This final rule is effective on 8 September 2023. POC is Whitney Beck, Oceans, Wetlands and Communities Division, Office of Water (4504T), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 564–2281; email: CWAwotus@epa.gov. citation(Federal Register 8 September 2023 [Rule] Pages 61964-61969)

A bill to direct the Administrator of the Environmental Protection Agency to amend regulations relating to exemptions for engines and equipment for purposes of national security. (Congressional Record: 18 August 2023 [House] Pages H4191-H4192)

A bill to direct the Administrator of the Environmental Protection Agency to amend regulations relating to exemptions for engines and equipment for purposes of national security (Congressional Record 4 August 2023 [House] Pages H4164-H4165)

PHMSA, in coordination with the Federal Railroad Administration (FRA), is amending the Hazardous Materials Regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published on 24 July 2020, pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or 30 June 2025. This final rule is effective on 31 October 2023. POC is Alexander Wolcott, Transportation Specialist, Standards and Rulemaking Division, Office of Hazardous Materials Safety, (202) 366–8553, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. (Federal Register 31 October 2023 [Rule] Pages 60356-60375)

EPA is finalizing an expanded set of extraction and determinative methods that can be used to characterize and verify the cleanup of PCBs waste under implementing regulations for PCB-related authority in the TSCA. These changes are expected to greatly reduce the amount of solvent used in PCB extraction processes, thereby conserving resources and reducing waste. In addition, the changes are expected to result in quicker, more efficient, and less costly cleanups, due to greater flexibility in the cleanup and disposal of PCB waste, while still being equally protective of human health and the environment. EPA is finalizing several other amendments to the PCB regulations, including the amendment of the performance-based disposal option for PCB remediation waste; the removal of the provision allowing PCB bulk product waste to be disposed of as roadbed material; the addition of more flexible provisions for cleanup and disposal of waste generated by spills that occur during emergency situations; harmonization of the general disposal requirements for PCB remediation waste; and other amendments to improve the implementation of the regulations. This rule is effective 26 February 2024. POC is Jennifer McLeod, Program Implementation and Information Division, Office of Resource Conservation and Recovery, (202) 566–0384; email address: mcleod.jennifer@epa.gov. (Federal Register 29 August 2023 [Rule] Pages 59662-59696)

A bill to amend the Agricultural Research, Extension, and Education Reform Act of 1998 to improve interagency coordination in the pesticide registration process, and for other purposes. (Congressional Record 28 July 2023 [House] Pages H4150)

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes. (Congressional Record 28 July 2023 [House] Pages H4151)

The EPA announced its National Enforcement and Compliance Initiatives for 2024-2027, including for the first time initiatives to mitigate climate change, address exposure to PFAS contamination, and protect communities from cancer-causing coal ash. To advance the Biden-Harris Administration's commitment to protect disadvantaged communities, EPA also will integrate environmental justice considerations into each of its National Enforcement and Compliance Initiatives. Every four years, across administrations, EPA selects enforcement and compliance priorities so that the agency and its state partners can prioritize resources to address the most serious and widespread environmental problems facing the United States. In addition to climate change, PFAS contamination, and coal ash initiatives, EPA is modifying its Clean Air Act initiative to focus on hazardous toxic air pollution in overburdened communities in each EPA region and is continuing its drinking water and chemical accident prevention initiatives that began under prior administrations.

EPA is releasing the first set of data collected under the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). In the latest action to deliver on EPA's PFAS Strategic Roadmap, UCMR 5 will provide new data that will improve EPA's understanding of the frequency that 29 PFAS and lithium are found in the nation's drinking water systems, and at what levels. The monitoring data on PFAS and lithium will help the Agency make determinations about future actions to protect public health under the Safe Drinking Water Act. This action advances the Administration's commitment to combat PFAS pollution and safeguard drinking water for all people.

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. Comments must be received on or before 25 September 2023. POC is Kaitlin Franssen, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (MC 5303P), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (202) 566–0487; email: Franssen.Kaitlin@epa.gov. (Federal Register 11 August 2023 [Proposed Rule] Pages 54537-54548)

EPA is taking direct final action on a number of 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. This rule is effective on 7 December 2023, without further notice unless the EPA receives adverse comment by 10 October 2023. POC is Brian Knieser, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566–0516, (knieser.brian@epa.gov) (Federal Register 9 August 2023 [Rule] Pages 54086-54115)

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. Comments on this proposed rule must be received on or before 18 October 2023. POC is Mr. Marc Houyoux, Office of Air Quality Planning and Standards, Air Quality Assessment Division, Emission Inventory and Analysis Group (C339–02), EPA, Research Triangle Park, NC 27711; telephone number: (919) 541–3649; email: NEI_Help@epa.gov. (Federal Register: 9 August 2023 [Proposed Rule] Pags 54118-54222)

A bill to clarify the application of a certain provision of the Federal Insecticide, Fungicide, and Rodenticide Act with respect to the uniformity of pesticide labeling, consistent with the text of such Act. (Congressional Record: 22 June 2023 [House] Pages H3107-H3110)

EPA is removing the "emergency" affirmative defense provisions from the EPA's title V operating permit program regulations. These provisions established an affirmative defense that sources could have asserted in enforcement cases brought for noncompliance with technology-based emission limitations in operating permits, provided that the exceedances occurred due to qualifying emergency circumstances. These provisions are being removed because they are inconsistent with the EPA's interpretation of the enforcement structure of the CAA in light of prior court decisions from the U.S. Court of Appeals for the D.C. Circuit. Through this document, the EPA is also providing guidance on the implementation process resulting from the removal of the emergency affirmative defense provisions from the EPA's regulations, including the need for some state, local, and tribal permitting authorities to submit program revisions to the EPA to remove similar title V affirmative defense provisions from their EPA-approved title V programs, and to remove similar provisions from individual operating permits. This final rule is effective on 21 August 2023. POC is Corey Sugerik, Office of Air Quality Planning and Standards, Air Quality Policy Division (C504–05), EPA tele (919) 541–3223; email sugerik.corey@epa.gov.(Federal Register 21 July 2023 [Final Rule] Page 47029-47054)

EPA is amending existing regulations to implement certain provisions of the American Innovation and Manufacturing Act. This rule establishes the methodology for allocating hydrofluorocarbon production and consumption allowances for the calendar years of 2024 through 2028. EPA is also amending the consumption baseline to reflect updated data and to make other adjustments based on lessons learned from implementation of the hydrofluorocarbon phasedown program thus far, including to: codify the existing approach of how allowances must be expended for import of regulated substances, revise recordkeeping and reporting requirements, and implement other modifications to the existing regulations. This final rule is effective on 18 September 2023, except for amendatory instructions 3 and 13, which are effective 1 October 2024. POC is John Feather, U.S. Environmental Protection Agency, Stratospheric Protection Division, tele: 202–564–1230; or email: feather.john@epa.gov. (Federal Register 20 July 2023 [Rule] Pages 468336-46898)

EPA is adding a diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). In this action, EPA is adding the DINP category to the toxic chemical list as a category defined to include branched alkyl di-esters of 1,2 benzenedicarboxylic acid in which alkyl ester moieties contain a total of nine carbons. The DINP category meets the EPCRA chronic human health effects toxicity criterion because the members of the category can reasonably be anticipated to cause serious or irreversible reproductive dysfunctions as well as other serious or irreversible chronic health effects in humans, specifically, developmental, kidney, and liver toxicity. The final rule is effective on 12 September 2023. POC is Rachel Dean, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; tele: (202) 566–1303; email: dean.rachel@epa.gov. (Federal Register 14 July 2023 [Rule] Pages 45089-45098)

Under the Clean Air Act, the EPA is required to determine the applicable volume requirements for the Renewable Fuel Standard (RFS) for years after those specified in the statute. This action establishes the applicable volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. This action also establishes the second supplemental standard addressing the judicial remand of the 2016 standard-setting rulemaking. Finally, this action makes several regulatory changes to the RFS program, including changes related to the treatment of biogas and other modifications to improve the program's implementation. At this time EPA is not finalizing proposed provisions related to the generation of RINs from qualifying renewable electricity. This rule is effective on 11 September 2023, except for amendatory instruction 30, which is effective on 1 February 2024, and amendatory instructions 41 and 42, which are effective on 1 April 2024. POC is Dallas Burkholder, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: 734–214–4766; email: RFS-Rulemakings@epa.gov. (Federal Register 12 July 2023 [Rule] Pages 44468-44593)

On October 17 and 18, 2023, the EPA and HUD will hold a virtual public workshop to receive stakeholder input on the detection, measurement and characterization of lead-based paint to support efforts to reduce lead exposure. EPA and HUD will use information received during the workshop to inform their joint effort to revisit the federal definition of lead-based paint and propose and finalize a revised definition, if necessary. The workshop will cover several topics related to low levels of lead in existing paint, including the potential health effects, the relationship between lead-based paint and dust-lead, possible exposure pathways (e.g., renovation and maintenance, deteriorating paint and direct ingestion), and emerging detection and measurement technologies used to quantify lead in paint. Additionally, EPA and HUD also seek any available new information on lead-based paint characteristics and medical evidence related to low levels of lead in paint to help with EPA and HUD's reevaluation of the definition of lead-based paint. The information shared will increase awareness of exposure pathways that must be considered, inform models that examine the exposure to lead at various concentrations and provide greater context for the impacts a lower definition may have.

EPA announced a final rule to require comprehensive reporting on all six fiber types of asbestos as the agency continues its work to address exposure to this known carcinogen and strengthen the evidence that will be used to further protect people from this dangerous chemical. The rule, issued under section 8(a) of the Toxic Substances Control Act (TSCA), requires asbestos manufacturers (including importers) and processors to report certain use and exposure information from the past four years, including information on asbestos-containing products (including as an impurity). Under the reporting rule, manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 in any of those years are required to report exposure-related information, including quantities of asbestos manufactured or processed, types of use, and employee data. Importantly, the rule also covers asbestos-containing products (including products that contain asbestos as an impurity) and asbestos that is present as a component of a mixture. Manufacturers (including importers) and processors subject to the rule will have nine months following the effective date of the final rule to collect and submit all required information to EPA.

Join the EPA for a webinar on the Agency's proposal to ban all consumer uses and many industrial and commercial uses of perchloroethylene (PCE), a majority of which would be fully implemented in 24 months after the rule is finalized, except for dry cleaning which would be subject to a 10-year phaseout with compliance dates depending on the type of machine in which PCE is used. For uses in industrial manufacturing, industrial processing, and certain commercial uses important for national security, aviation, and other critical infrastructure that EPA is not proposing to prohibit, EPA is proposing a workplace chemical protection program with strict exposure limits and workplace controls for laboratory use to better protect workers. This webinar will be useful for anyone looking for an overview of the proposed regulatory action or to provide input on the proposed program, including industry groups, nonprofit organizations, Tribes, and other stakeholders. EPA is particularly looking for participation from employers and workers who can give perspective on the feasibility and efficacy of the proposed requirement for worker protections.

Please join EPA's e-Manifest Team for our next quarterly public e-Manifest Webinar. EPA hosts webinars to share the Agency's progress on the e-Manifest initiative.

The EPA is proposing to amend the NESHAP for RICE, the NSPS for Stationary Compression Ignition (CI) Internal Combustion Engines, and the NSPS for Stationary Spark Ignition (SI) Internal Combustion Engines, to add electronic reporting provisions. The addition of electronic reporting provisions will provide for simplified reporting by sources and enhance availability of data on sources to the EPA and the public. In addition, a small number of clarifications and corrections to these rules are being proposed to correct inadvertent and other minor errors in the Code of Federal Regulations (CFR), particularly related to tables. Finally, information is being solicited on the provisions specifying that emergency engines can operate for up to 50 hours per year to mitigate local transmission and/or distribution limitations to avert potential voltage collapse or line overloads that could lead to the interruption of power supply in a local area or region. POC is Christopher Werner, Sector Policies and Programs Division (D243–01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; teler: (919) 541–5133; and email: werner.christopher@epa.gov. (Federal Register 26 June 2023 [Proposed Rule] Pages 41361-41369)

A bill to amend the Clean Air Act to eliminate the renewable fuel standard advanced biofuel corn starch prohibition. (Congressional Record 15 May 2023 [House] Pages H2342-H2347)

The purpose of this memorandum is to clarify how the hazardous waste regulations for universal waste and recycling apply to lithium-ion batteries. The proportion of electric cars powered by lithium-ion batteries on the road is rising rapidly; lithium-ion batteries also power our electronics and, increasingly, lawnmowers, e-scooters, electric bicycles, and many other devices. The growth of the circular economy for lithium battery materials is vital as the focus turns to how to eventually manage lithium-ion batteries at the end of their lives. Recycling lithium-ion batteries returns valuable critical minerals to the economy, both conserving resources and reducing the overall energy use needed to produce new batteries.

As part of the Administration's efforts to protect communities from childhood lead exposure and advance environmental justice, the EPA is announcing a series of free educational sessions on the dangers of lead and ways to reduce and prevent lead exposure. These sessions are based on the Lead Awareness Curriculum, an adaptable resource to protect communities from potential lead exposure, and will be held in English and Spanish. EPA will work with community partners to host two types of community lead awareness sessions: 1. "Understanding Lead" sessions for community members: EPA invites members of the general public to learn about lead, its impacts, actions to reduce and prevent lead exposure and the importance of testing children's blood lead levels. Parents, grandparents, community leaders, Tribal leaders, child care workers, healthcare providers, youth (ages 12 and up) and anyone else interested in learning more about lead are invited to attend. 2. "Train-the-Trainer" sessions for community leaders: These sessions equip community leaders -- with or without prior knowledge about lead -- to educate their communities about lead and preventing lead exposure using the Lead Awareness Curriculum.

EPA announced another action to protect public health under the Toxic Substances Control Act (TSCA), proposing a ban on most uses of perchloroethylene (PCE), a chemical known to cause serious health risks such as neurotoxicity and cancer. This proposal would protect people from these risks by banning all consumer uses while allowing for many industrial/commercial uses to continue only where strict workplace controls could be implemented, including uses related to national security, aviation and other critical infrastructure, and the Agency's efforts to combat the climate crisis. EPA's proposed risk management rule would rapidly phase down manufacturing, processing and distribution of PCE for all consumer uses and many industrial and commercial uses, most of which would be fully phased out in 24 months. The uses subject to the proposed prohibitions represent less than 20% of the annual production volume of PCE. For most of the uses of PCE that EPA is proposing to prohibit, EPA's analysis also found that alternative products with similar costs and efficacy to PCE are reasonably available.

EPA is amending the requirements in Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) that govern the use of dispersants, other chemicals and other spill mitigating substances when responding to oil discharges into jurisdictional waters of the United States. This action addresses the efficacy and toxicity of dispersants and other chemical and biological agents, as well as public, state, local, and federal officials' concerns regarding their use. This final rule is effective on 11 December 2023. POC is Gregory Wilson tele: 202–564–7989 and email: wilson.gregory@epa.gov. (Federal Register 12 June 2023 [Rule] Pages 38280-38356)

EPA is finalizing clarifications to its NPDES Stormwater Phase II regulations due to recent changes made by the Census Bureau. The changes to EPA's regulations are limited to clarifying that the designation criteria for small municipal separate storm sewer systems (MS4s), which have been used since the promulgation of the regulations in 1999, will remain the same. These clarifications are necessary due to the Census Bureau's recent decision to discontinue its practice of publishing the location of "urbanized areas" along with the 2020 Census and future censuses. The clarifications in this final rule replace the term "urbanized area" in the Phase II regulations with the phrase "urban areas with a population of at least 50,000," which is the Census Bureau's longstanding definition of the term urbanized areas. This change allows NPDES permitting authorities to use 2020 Census and future Census data in a manner that is consistent with existing longstanding regulatory practice. This final rule is effective on 12 July 2023. POC is Heather Huddle, Water Permits Division (MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20004; tele: (202) 564–7932; email:huddle.heather@epa.gov. (Federal Register 12 June 2023 [Rule] Pages 37994-38000)

This action finalizes Federal Implementation Plan (FIP) requirements to address 23 states' obligations to eliminate significant contribution to nonattainment, or interference with maintenance, of the 2015 ozone NAAQS in other states. The EPA is taking this action under the "good neighbor" or "interstate transport" provision of the CAA. The Agency is defining the amount of ozone-precursor emissions (specifically, nitrogen oxides) that constitute significant contribution to nonattainment and interference with maintenance from these 23 states. With respect to fossil fuel-fired power plants in 22 states, this action will prohibit those emissions by implementing an allowance-based trading program beginning in the 2023 ozone season. With respect to certain other industrial stationary sources in 20 states, this action will prohibit those emissions through emissions limitations and associated requirements beginning in the 2026 ozone season. This final rule is effective on 4 August 2023. POC Ms. Elizabeth Selbst, Air Quality Policy Division, Office of Air Quality Planning and Standards (C539–01), Environmental Protection Agency, 109 TW Alexander Drive, Research Triangle Park, NC 27711; telephone number: (312) 886–4746; email address: selbst.elizabeth@epa.gov. (Federal Register 5 June 2023 [Rule] Pages 36654-36918)

A bill to exempt certain aviation entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)

A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)

A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)

A bill to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances. (Congressional Record 3 May 2023 [Senate] Pages S1504-S1505)

An informational public webinar was held on 1 May 2023 to discuss EPA's proposed actions to reduce exposure to ethylene oxide (EtO) from commercial sterilization facilities and healthcare facilities.

USFWS designate critical habitat for the Miami tiger beetle (Cicindelidia floridana) under the ESA. In total, approximately 1,869 acres (756 hectares) in Miami-Dade County, Florida, fall within the boundaries of the critical habitat designation. This rule extends the Act's protections to the Miami tiger beetle's critical habitat. This rule is effective 22 June 2023. POC is Lourdes Mena, Division Manager, Florida Classification and Recovery, USFWS, Florida Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256–7517; tele 904–731–3134. (Federal Register 23 May 2023 [Rule] Pages 33194-33238)

EPA released its annual interactive report tracking America's progress in controlling air pollution. "Our Nation's Air: Trends Through 2022" offers readers an opportunity to learn about the health and environmental impacts of air pollution; track trends in air quality and emissions data, explore efforts to improve visibility in treasured national parks; and explore community-level health impacts of air toxics emissions reported for 2020. EPA examines long-term trends to track the nation's progress toward clean air. The report released today shows that, between 1970 and 2022, the combined emissions of six key pollutants dropped by 78%, while the U.S. economy remained strong -- growing 304% over the same time. The report spotlights the projects selected as part of EPA's Enhanced Air Quality Monitoring Competitive Grants, providing information for each project as of November 2022 when selections were announced. These funds will enhance air quality monitoring in communities across the United States  particularly those that are underserved, historically marginalized, and overburdened by pollution. The report includes interactive graphics that enable citizens, policymakers and stakeholders to view and download detailed information by pollutant, geographic location and year.

EPA is proposing five separate actions under section 111 of the CAA addressing GHG emissions from fossil fuel-fired electric generating units (EGUs). The EPA is proposing revised new source performance standards (NSPS), first for GHG emissions from new fossil fuel-fired stationary combustion turbine EGUs and second for GHG emissions from fossil fuel-fired steam generating units that undertake a large modification, based upon the 8-year review required by the CAA. Third, the EPA is proposing emission guidelines for GHG emissions from existing fossil fuel-fired steam generating EGUs, which include both coal-fired and oil/gas-fired steam generating EGUs. Fourth, the EPA is proposing emission guidelines for GHG emissions from the largest, most frequently operated existing stationary combustion turbines and is soliciting comment on approaches for emission guidelines for GHG emissions for the remainder of the existing combustion turbine category. Finally, the EPA is proposing to repeal the Affordable Clean Energy (ACE) Rule. Comments must be received on or before 24 July 2023. POC is Christian Fellner, Sector Policies and Programs Division (D243–02), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541–4003; and email: fellner.christian@epa.gov. (Federal Register 23 May 2023 [Proposed Rule] Pages 33240-33420)

Pursuant to the EPA's Significant New Alternatives Policy program, this action proposes to list certain substances in the refrigeration and air conditioning sector. Specifically, EPA proposes to list several substitutes as acceptable, subject to use conditions, for retail food refrigeration, commercial ice machines, industrial process refrigeration, cold storage warehouses, and ice skating rinks. Through this action, EPA is proposing to incorporate by reference standards which establish requirements for commercial refrigerating appliances and commercial ice machines, safe use of flammable refrigerants, and safe design, construction, installation, and operation of refrigeration systems. This action also proposes to exempt propane, in the refrigerated food processing and dispensing end-use, from the prohibition under the CAA on knowingly venting, releasing, or disposing of substitute refrigerants, on the basis of current evidence that the venting, release, or disposal of this substance in this end-use does not pose a threat to the environment. Comments must be received on or before 10 July 2023. POC is Gerald Wozniak, Stratospheric Protection Division, Office of Atmospheric Protection, EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202–343–9624; email:wozniak.gerald@epa.gov. (Federal Register 24 May 2023 [Proposed Rule] Pages 33722-33797).

NMFS announce a positive 90-day finding on a petition to list the smalltail shark (Carcharhinus porosus) as threatened or endangered under the ESA. The petitioner also requests that NMFS designate critical habitat. They find that the petition and information readily available in their files present substantial scientific or commercial information indicating that listing the smalltail shark as threatened or endangered may be warranted. Therefore, they are commencing a review of the status of the smalltail shark to determine whether listing under the ESA is warranted. To support a comprehensive status review, they are soliciting scientific and commercial data regarding this species. Scientific and commercial data pertinent to the petitioned action must be received by 24 July 2023. POC is Joe Heublein, NMFS Southeast Region, 727–209–596. (Federal Register 23 May 2023 [Proposed Rule] Pages 33075-33079).

This memo communicates EPA's policy to allow generators, transporters, and receiving facilities to execute electronic signatures through system-to-system communication for their non-registered employees and contractors via registered users who are remotely located from the hazardous waste shipment.

A bill to amend the Federal Water Pollution Control Act to modify the definition of navigable waters. (Congressional Record: 29 March 2023 [Senate] Pages S1052-S1053)

EPA proposed new carbon pollution standards for coal and natural gas-fired power plants that will protect public health, reduce harmful pollutants and deliver up to $85 billion in climate and public health benefits over the next two decades. The proposal for coal and new natural gas power plants would avoid up to 617 million metric tons of total carbon dioxide (CO2) through 2042, which is equivalent to reducing the annual emissions of 137 million passenger vehicles, roughly half the cars in the United States. Through 2042, EPA estimates the net climate and health benefits of the standards on new gas and existing coal-fired power plants are up to $85 billion. The proposals would also result in cutting tens of thousands of tons of particulate matter (PM2.5), sulfur dioxide, and nitrogen oxide, harmful air pollutants that are known to endanger people's health, especially in communities that for too long have disproportionally shouldered the burden of high pollution and environmental injustice.

A bill to amend the Clean Air Act to prohibit the issuance of permits under title V of that Act for certain emissions from agricultural production. (Congressional Record: 28 March 2023 [Senate] Page S999)

The attached memorandum communicates EPA's new policy to allow generators, transporters, and receiving facilities to execute electronic signatures through their employees or contractors who are located remotely from the hazardous waste shipment. This policy has been in effect as of February 10, 2023.

EPA announced proposed federal baseline water quality standards for waterbodies on Indian reservations that do not have Clean Water Act standards, ensuring protections for over half a million people living on Indian reservations as well as critical aquatic ecosystems. Fifty years ago, Congress established a goal in the Clean Water Act (CWA) that waters should support fishing and swimming wherever attainable. All states and 47 Tribes have established standards consistent with that goal. However, the majority of U.S. Tribes with Indian reservations lack such water quality standards. This proposal would extend the same framework of water quality protection that currently exists for most other waters of the United States to waters of over 250 Tribes and is the result of decades of coordination and partnership with Tribes.

A bill to require agencies to complete a regulatory impact analysis before issuing a significant rule. (Congressional Record: 16 March 2023 [Senate] Pages S825-S826)

A bill to amend the Toxic Substances Control Act to prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos and mixtures and articles containing commercial asbestos. (Congressional Record: 30 March 2023 [House] Pages H1689-H1693)

The EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Commercial Sterilization Facilities source category. The EPA is proposing decisions concerning the risk and technology review (RTR), including proposing amendments pursuant to the technology review for certain point source emissions and proposing amendments pursuant to the risk review to specifically address ethylene oxide (EtO) emissions from point source and room air emissions from all commercial sterilization facilities. The EPA is also proposing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including removing general exemptions for periods of SSM and adding work practice standards for periods of SSM where appropriate. Lastly, the EPA is proposing to revise monitoring and performance testing requirements and to add provisions for electronic reporting of performance test results and reports, performance evaluation reports, and compliance reports. Comments must be received on or before 12 June 2023. For questions about this proposed action, contact Jonathan Witt, Sector Policies and Programs Division (E143–05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, NC 27711; tele: (919) 541– 5645; and email: witt.jon@ epa.gov. (Federal Register 13 April 2023 [Proposed Rule] Pages 22790-22857)

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants. (Congressional Record: 15 March 2023 [Senate] Pages S797-S798).

A bill to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act. (Congressional Record 14 March 2023 [House] Pages H1284-H1286)

A bill to amend the Federal Water Pollution Control Act to modify the definition of navigable waters, and for other purposes; to the Committee on Transportation and Infrastructure. (Congressional Record: 10 March 2023 [House] Pages H1277-H1279)

ASTM's environmental assessment and risk management standards provide the proper procedures for carrying out specific evaluation procedures for identifying and predicting the possible biophysical, social, and other relevant impacts that certain products and projects may have on the natural environment, as well as on the health and safety of the immediate users of such. These environmental assessment and risk management standards are valuable to environmental scientists and engineers, impact assessment institutions, and real estate firms in implementing the appropriate environmental impact designs to ensure overall prevention of the associated contamination risks.

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants (Congressional Record: 8 March 2023 [House] Pages H1204-H1207)

A bill to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act. (Congressional Record 14 March 2023 [Senate] Pages S771-S772)

This action promulgates corrections and updates to regulations for source testing of emissions under various rules. This final rule includes corrections to typographical and technical errors, updates to outdated procedures, and revisions to add clarity and consistency with other monitoring requirements. The revisions will improve the quality of data but will not impose new substantive requirements on source owners or operators. This rule is effective on 30 May 2023. POC is Mrs. Lula H. Melton, Office of Air Quality Planning and Standards, Air Quality Assessment Division (E143-02), EPA, Research Triangle Park, NC 27711; tele: (919) 541-2910; email: melton.lula@epa.gov.(Federal Register 29 March 2023 [Rule] Pages 18396-18423)

The EPA and U.S. Department of Health and Human Services (HHS) issued a joint letter to governors to encourage state and local governments to use federal funding to reduce and remove lead in drinking water in early care and education settings, like elementary schools and daycare facilities. EPA and HHS are delivering on the White House's Lead Pipe and Paint Action Plan by encouraging federal, state, and local governments to use every tool to deliver clean drinking water, replace lead pipes, and remediate lead paint. Funding for this collaborative initiative can come from the American Rescue Plan and the Bipartisan Infrastructure Law, among other federal resources. President Biden's Bipartisan Infrastructure Law is dedicating $15 billion to remove lead from drinking. States can also take administrative measures to support the health and safety of children in early care and education settings by establishing or strengthening licensing and monitoring requirements or improving blood lead screening programs. In addition, states can provide technical assistance and resources to meet lead testing and remediation requirements, including use of the EPA 3Ts (Training, Testing, and Taking Action) voluntary program to help schools and childcare facilities in reducing lead in drinking water

The purpose of this advisory is to assist hazardous waste handlers in reducing data quality issues in the e-Manifest system and to support their compliance with the law.

(WASHINGTON, March 14, 2023) Today, the Biden-Harris Administration announced it is proposing the first-ever national drinking water standard for six per- and polyfluoroalkyl substances (PFAS) in the latest action under President Biden's plan to combat PFAS pollution and Administrator Regan's PFAS Strategic Roadmap. Through this action, the U.S. Environmental Protection Agency (EPA) is taking a major step to protect public health from PFAS pollution, leveraging the latest science and complementing state efforts to limit PFAS by proposing to establish legally enforceable levels for six PFAS known to occur in drinking water.

This proposal builds on other key milestones to combat PFAS, including EPA's proposal to designate two PFAS as CERCLA hazardous substances; enhancing data on PFAS under EPA's National PFAS Testing Strategy and through nationwide sampling for 29 PFAS in public drinking water systems; using EPA's Clean Water Act permitting and regulatory programs to reduce PFAS pollution in the environment from industry; and initiating the distribution of $10 billion in funding to address emerging contaminants under the Bipartisan Infrastructure Law (BIL).

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use. (Congressional Record 2 February 2023 [Senate] Pages S229-S230)

This edition highlights proactively considering the environment and acting accordingly, in support of Environmental Operating Principle #2. Content includes commentary from Mr. Edward Belk, U.S. Army Corps of Engineers (USACE) Director of Civil Works, sharing how the Civil Works mission is being advanced through environmental considerations and partnerships. This issue also features initiatives from across the Army environmental community that proactively consider the environment to shape a sustainable future for current and future generations.

EPA and states have partnered to develop a comprehensive list of Clean Water Act (CWA) violators. Reports include details on violations and enforcement activities by facility, and an annual report with summary compliance and enforcement information by state, tribe, and territory.

The EPA is taking final action on the technology review conducted on the Miscellaneous Coating Manufacturing (MCM) source category regulated under the National Emission Standards for Hazardous Air Pollutants (NESHAP). These final amendments include provisions for inorganic hazardous air pollutant (HAP) standards for process vessels. This final rule is effective 22 February 2023. POC is Ms. Angie Carey, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; teler: (919) 541-2187 and email:carey.angela@epa.gov. (Federal Register 22 February 2023 [Rule] pages 10842-10851)

This advisory notifies Federal facilities about U.S. EPA's National Enforcement and Compliance Initiative (NECI) to reduce the risk to human health and the environment by reducing the likelihood of chemical accidents at Federal facilities with Clean Air Act (CAA) stationary sources that make, use, and store extremely hazardous substances.

A bill to amend sections 111, 169, and 171 of the Clean Air Act to clarify when a physical change in, or change in the method of operation of, a stationary source constitutes a modification or construction. (Congressional Record: 9 January 2023 [House] Pages H97-H108)

The EPA's Effluent Guidelines Program Plan 15 (Plan 15) lays out how EPA will work to protect the nation's waterways by following the science and the Clean Water Act to develop technology-based pollution limits and studies on wastewater discharges from industrial sources. This Plan focuses on evaluating the extent and nature of both nutrient and per- and polyfluoroalkyl substances (PFAS) discharges. Plan 15 further advances EPA's commitment in the PFAS Strategic Roadmap to restrict PFAS discharges from industrial sources through a multi-faceted Effluent Limitations Guidelines program.

EPA announced it is seeking public comment on its proposal to address environmental justice, climate change, and PFAS contamination in its National Enforcement and Compliance Initiatives (NECIs). Every four years, EPA selects national initiatives to focus resources on serious and widespread environmental problems where federal enforcement can make a difference. The primary objective of these initiatives is to protect human health and the environment by holding polluters accountable through enforcement and assisting regulated entities to return to compliance. EPA proposes to continue four of the six current national initiatives during the FY 2024-2027 cycle and return two of the current national initiatives to the core enforcement and compliance program. In addition, EPA proposes to address environmental justice concerns in all NECIs, and to add two new NECIs on mitigating climate change and addressing PFAS pollution, for the FY 2024-2027 cycle.

Have you ever wondered why it matters if a hazardous secondary material is a solid waste? Or what you need to know to determine if something is a solid waste for purposes of RCRA hazardous waste regulation? The amount of hazardous waste regulation depends on the type of material and how it is being managed. Often, hazardous secondary materials being recycled are subject to less or no regulation.

This document, updated in December 2022, describes the requirements of the RCRA organic air emission standards contained in title 40 of the CFR parts 264/265, subparts AA, BB, and CC for hazardous waste TSDFs and generators of hazardous waste.

EPA initiated a rulemaking that will consider revisions to the regulations that allow for the open burning and detonation (OB/OD) of waste explosives. The allowance or "variance" to the prohibition on the open burning of hazardous waste was established at a time when there were no safe alternatives to treatment of waste explosives by OB/OD. However, recent findings from the National Academies of Sciences, Engineering, and Medicine and EPA determined that safe alternatives are now available for many energetic/explosive waste streams. Because there are safe alternatives in use that capture and treat emissions prior to release, EPA is considering revising regulations to promote the broader use of these alternatives, where applicable.

EPA created a template that persons recycling hazardous secondary materials may choose to use to document their legitimacy determinations. Persons performing the recycling under the generator-controlled exclusion of 40 CFR 261.4(a)(23) must maintain documentation of their legitimacy determinations on-site. Documentation needs to include a written description of how the recycling meets the legitimate recycling factors. This template can also be used to document a claim of legitimate recycling under any other recycling exclusion or exemption.

The EPA and the Department of the Army ("the agencies") are finalizing a rule defining the scope of waters protected under the Clean Water Act. In developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies' experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining "waters of the United States." This final rule advances the objective of the Clean Water Act and ensures critical protections for the nation's vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States. This action is effective on 20 March 2023. Whitney Beck, Oceans, Wetlands and Communities Division, Office of Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; teler: (202) 564-2281; email: CWAwotus@epa.gov. (Federal Register 18 January 2023 [Rule] Pages 3004-3144)

Learn about the new functions of e-Manifesting to allow users to upload electronic signatures and be able to sign in external systems that have integrated with the e-Manifest API. This new functionality will go live 10 February 2023. Demonstrations using Quicker Sign are provided for Generator, Transporters, and Receiving Facilities.

EPA recently announced a redesign and updates to the statistics webpage for the New Chemicals Review Program. The update includes additional information and metrics on the Agency's review of new chemicals under the Toxic Substances Control Act (TSCA), increasing transparency for the public, the regulated community and other stakeholders. The new information and features will help users understand EPA's new chemicals review process, throughput, and trends, while highlighting the progress the program has made despite ongoing resource challenges.

EPA hosts a monthly webinar series to communicate the most current EPA research, tools, and resources related to small drinking water systems. This webpage provides links to past trainings for those interested in gaining knowledge and skills related to compliance with the Safe Drinking Water Act, Building the Capacity of Drinking Water Systems, and Drinking Water Grant Opportunities.

Under the Clean Air Act, the EPA is required to determine the applicable volume requirements for the Renewable Fuel Standard (RFS) for years after those specified in the statute. This action proposes the applicable volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. This action also proposes the second supplemental standard addressing the remand of the 2016 standard-setting rulemaking. Finally, this action proposes several regulatory changes to the RFS program including regulations governing the generation of qualifying renewable electricity and other modifications intended to improve the program's implementation. Comments must be received on or before 10 February 2023. POC is David Korotney, Office of Transportation and Air Quality, Assessment and Standards Division, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele: 734-214-4507; email: RFS-Rulemakings@epa.gov. (Federal Register 30 December 2022 [Proposed Rule] Pages 80582-80756)

During fiscal year (FY) 2022, EPA's enforcement and compliance program continued its mission to target the most serious water, air, land, and chemical violations and hazards that impact communities across the country. Their work reduced, treated or eliminated 95 million pounds of pollutants, and required violators to pay over $300 million in penalties fines and restitution. Our primary focus was advancing environmental justice (EJ), rebuilding EPA's national inspector corps, and working to mitigate the effects of climate change, particularly in communities overburdened by pollution. EPAs FY 2022 accomplishments focused on protecting vulnerable communities using the full range of compliance monitoring and enforcement tools, including inspections, technical assistance supported by advanced technologies, and early actions and innovative remedies to ensure high levels of compliance with federal environmental laws and regulations.

This action finalizes amendments to the national emission standards for hazardous air pollutants (NESHAP) for the site remediation source category. This action finalizes amendments to remove exemptions from the rule for site remediation activities performed under authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as a remedial action or a non-time-critical removal action, and for site remediation activities performed under Resource Conservation and Recovery Act (RCRA) corrective actions conducted at treatment, storage, and disposal facilities. This final rule is effective on 22 December 2022. POC is Matthew Witosky, Sector Policies and Programs Division (E143-05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-2865; and email:witosky.matthew@epa.gov.(Federal Register 22 December 2022 [Rule] pages 78545-78558)

This final rule corrects editorial errors and improves the clarity of certain provisions in PHMSA's program and procedural regulations and in the Hazardous Materials Regulations. The intended effect of this rulemaking is to enhance accuracy and reduce misunderstandings of the regulations. The amendments contained in this final rule are non-substantive changes and do not impose new requirements. This final rule is effective 26 January 2023. POC is Yul B. Baker Jr., Standards and Rulemaking Division, at (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001. (Federal Register 27 December 2022 [Rule] pages 79752-79785)

EPA's detailed guidance document on how recycling and disposal of hand sanitizer is regulated and safety considerations to keep in mind. The purpose of this memo is to provide details about how RCRA hazardous waste regulations and exemptions apply to different scenarios for recycling excess alcohol-based sanitizer.

EPA released the National Biennial Hazardous Waste Report data for the 2021 calendar year. Federal regulations require large quantity generators and treatment, storage, and disposal facilities to submit reports every two years about the nature, quantities, and disposition of hazardous waste generated at their facilities.

EPA has developed a collection of communication tools that can be used to promote the value of sound stormwater management for creating a community where residents want to live and work. Public works managers can use these as part of the public education and outreach efforts of their stormwater permit programs. The materials on the website are organized by the main goals of the Stormwater Smart effort. They cover a wide range of topics and can be used on several platforms.

EPA is proposing to issue regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on 27 December 2020. This rulemaking proposes to: restrict the use of hydrofluorocarbons in specific sectors or subsectors in which they are used; establish a process for submitting technology transitions petitions; establish recordkeeping and reporting requirements; and address certain other elements related to the effective implementation of the American Innovation and Manufacturing Act. The proposed restrictions on the use of hydrofluorocarbons would, in part, address petitions granted on 7 October 2021, and 19 September 2022. The EPA is also seeking advance information on certain topics that may be helpful to developing a future proposed rule including on restrictions on the use of hydrofluorocarbons for certain other sectors and subsectors and on a third-party auditing program to verify substances used in products. Comments on this notice of proposed rulemaking must be received on or before 30 January 2023. POC is Allison Cain, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205A), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: 202-564-1566; email: cain.allison@epa.gov. (Federal Register 15 December 2022 [Proposed Rule] Pages 76738-76813)

PHMSA hosted a webinar to present the objectives of the FAQ initiative and answer questions from concerned parties. The overarching concern expressed in comments was that PHMSA may eliminate the LOI process and rescind its existing LOI. During the public webinar, PHMSA clarified that the FAQ initiative compliments the LOI process and that PHMSA has no intention of discontinuing the process to request LOI, rescinding the nearly 7,000 LOI in its database, or limiting the scope of questions PHMSA will answer in the future. The recording is from 27 June 27, 2022.

EPA is taking direct final action to clarify its National Pollutant Discharge Elimination System (NPDES) Stormwater Phase II regulations due to recent changes made by the Census Bureau. The changes to EPA's regulations are limited to clarifying that the designation criteria for small municipal separate storm sewer systems (MS4s), which have been used since the promulgation of the regulations in 1999, will remain the same. These clarifications are necessary due to the Census Bureau's recent decision to discontinue its practice of publishing the location of "urbanized areas" along with the 2020 Census and future censuses. The clarification in this direct final rule replaces the term "urbanized area" in the Phase II regulations with the phrase "urban areas with a population of at least 50,000," which is the Census Bureau's longstanding definition of the term urbanized areas. This change will allow NPDES permitting authorities to use 2020 Census and future Census data in a manner that is consistent with existing longstanding regulatory practice. This rule is effective on 2 March 2023 without further notice, unless EPA receives adverse comment by 3 January 2023. POC is Heather Huddle, Water Permits Division (MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington DC 20004; tele: (202) 564-7932; email: huddle.heather@epa.gov. (Federal Register 2 December 2022 [Rule] Pages 73965-73971).

EPA is proposing amendments to the Standards of Performance for secondary lead smelters per the Agency's periodic review of the new source performance standards required by the CAA. In this action, they are proposing updates to the current NSPS for secondary lead smelters and proposing a new NSPS subpart that applies to affected sources constructed, reconstructed, or modified after the date of this proposed rule. For the current NSPS subpart, they are proposing to revise the definitions of blast furnace, reverberatory furnace, and pot furnace to more closely align with the equipment definitions used in the NESHAP for secondary lead smelting. They are also proposing requirements for periodic performance tests for PM and incorporating revised monitoring, recordkeeping, and reporting requirements, including electronic reporting of performance tests, to be more consistent with the NESHAP. Please read full text for additional subpart proposals. Comments must be received on or before 17 January 2023. POC is Tonisha Dawson, Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-1454; and email: dawson.tonisha@epa.gov. (Federal Register 1 December 2022 [Proposed Rule] Pages 73708-73722)

The EPA is finalizing updates to the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget (OMB) 2022 NAICS code revision. OMB updates the NAICS codes every five years. EPA is implementing the 2022 codes for TRI Reporting Year 2022 (i.e., facilities reporting to TRI are required to use 2022 NAICS codes on reports that are due to the Agency by July 1, 2023). The actual data required by a TRI form does not change as a result of this rulemaking, nor does the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA). This final rule is effective on 28 December 2022. Rachel Dean, Data Collection Branch, Data Gathering and Analysis Division (Mail code: 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; tele: (202) 566-1303; email: dean.rachel@epa.gov. (Federal Register 28 November 2022 [Rule] Pages 72891-72898).

The November 2022 edition of The Corps Environment is now available and can be accessed online at: https://www.dvidshub.net/publication/issues/65712. This edition highlights providing environmental and economic benefits, in support of Environmental Operating Principle #3. Content includes commentary from Col. Matthew F. Kelly, commander of U.S. Army Environmental Command (USAEC), sharing his impressions after taking command and his focus on building upon USAEC's legacy. This issue also features initiatives from across the Army environmental community that are providing enduring environmental benefits around the globe.

EPA is finalizing PM emission standards and test procedures applicable to certain classes of engines used by civil subsonic jet airplanes (engines with rated output of greater than 26.7 kN) to replace the existing smoke standard for those engines. The EPA is adopting these standards under our authority in the CAA. These standards and test procedures are equivalent to the engine standards adopted by the United Nations' ICAO in 2017 and 2020 and will apply to both new type design aircraft engines and in-production aircraft engines. These standards reflect the importance of the control of PM emissions and U.S. efforts to secure the highest practicable degree of uniformity in aviation regulations and standards. Additionally, the EPA is migrating, modernizing, and streamlining the existing regulations into a new part in the Code of Federal Regulations. As part of this update, the EPA is also aligning with ICAO by applying the smoke number standards to engines less than or equal to 26.7 kilonewtons rated output used on supersonic airplanes. This final rule is effective on 23 December 2022. POC is Bryan Manning, Office of Transportation and Air Quality, Assessment and Standards Division (ASD), EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tele:(734) 214-4832; email:manning.bryan@epa.gov. (