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)

The Federal sustainability community is cordially invited to attend the 2023 Federal Environmental Symposium, a hybrid event to be attended October 23-27, 2023 either virtually or in-person. This year's theme for the Symposium "Environment: A Mission Asset" focuses on the sharing of best practices, success stories, partnerships, and challenges and achievements of the federal practitioner community as they apply to your Agency's mission. The event schedule, registration instructions, call for presentation abstracts and continuous updates to the event can be found on the Symposium website at https://www.fedcenter.gov/fes2023.

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. (