Air Quality Comm 9-9-22

AIR QUALITY COMMITTEE Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention The EPA is proposing to amend its Risk Management Program regulations as a result of Agency review. The proposed revisions include several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification. These proposed amendments seek to improve chemical process safety; assist in planning, preparedness, and responding to RMP-reportable accidents; and improve public awareness of chemical hazards at regulated sources. Comments must be received on or before October 31, 2022. FR Document: 2022-18249 Citation: 87 FR 53556 PDF Alternative Renewable Identification Number Retirement Schedule for Small Refineries EPA is finalizing an optional alternative renewable identification number retirement schedule for small refineries under the Renewable Fuel Standard program for the 2020 compliance year. Small refineries that elect to use the alternative RIN retirement schedule will have to fully comply with their 2020 RFS obligations—including any RIN deficits from 2019 carried forward into the 2020 compliance year—by February 1, 2024. EPA is taking this action because small refineries may need more time to plan for compliance with their RFS obligations given EPA’s delay in deciding small refinery exemption (SRE) petitions and setting the associated compliance deadlines. This rule is effective on September 2, 2022. FR Document: 2022-18870 Citation: 87 FR 54158 PDF CSB Provides Guidance on Accidental Release Reporting Rule The U.S. Chemical Safety Board released guidance on the agency’s “Accidental Release Reporting Rule,” which went into effect in March 2020. The new guidance is provided so that owners and operators of facilities involved in the production, processing, handling, or storage of chemical substances may better understand the rule and comply with the requirement to submit a report to the CSB within eight hours after an accidental release has occurred that results in a fatality, serious injury, or substantial property damage. The CSB’s guidance document clarifies key terms found in the reporting regulation, such as what constitutes regulated substances for the reporting requirement and the threshold amounts related to property damage for which reporting is required. The guidance also addresses specific scenarios and emphasizes that if an owner or operator is unsure about whether to report a release to the CSB, they should do so, rather than risk violating the rule by failing to report. The CSB guidance document can be found here: https://www.csb.gov/assets/1/17/csb_guidance_on_accidental_release_reporting.pdf?168

18 Full text of the regulation governing the reporting of accidental release can be found at title 40 Code of Federal Regulations Part 1604, Reporting of Accidental Releases: https://www.ecfr.gov/current/title-40/chapter-VI/part-1604#1604.3 Air Quality Advisory Council Meeting The agenda and proposed rules have been published for the October 5 th Air Quality Advisory Council Meeting. The DEQ is proposing to update OAC 252:100, Appendix Q, Incorporation By Reference, to incorporate the latest changes to EPA regulations, primarily those relating to the National Emission Standards for Hazardous Air Pollutants in 40 C.F.R. Parts 61 and 63, and New Source Performance Standards in 40 C.F.R. Part 60.

No new standards are to be added this year, but several standards have been amended and updated. In addition, the Department is proposing to update language in Subchapter 2, Incorporation By Reference, to reflect the latest date of incorporation of EPA regulations in Appendix Q. The gist of this rule change and the underlying reason for the rulemaking is to incorporate changes the EPA has made to its regulations and ensure that the state’s rules are up to date.

• Chapter 100 Notice of Rulemaking Incorporation By Reference • (Amended), Subchapter 2. Incorporation by Reference • (Revoked), Appendix Q: Incorporation by Reference • Appendix Q: Incorporation by Reference (New), Rule Impact Statemen WATER QUALITY COMMITTEE Analysis of Contaminants under the Safe Drinking Water Act; Analysis and Sampling Procedures The Environmental Protection Agency is approving alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make seven additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. This action is effective August 17, 2022 FR Document: 2022-17651 Citation: 87 FR 50575 PDF LAND PROTECTION COMMITTEE EPA Proposes Designating Certain PFAS Chemicals as Hazardous Substances Under Superfund to Protect People’s Health The U.S. Environmental Protection Agency announced a significant action under Administrator Regan’s PFAS Strategic Roadmap to protect people and communities from the health risks posed by certain PFAS, also known as “forever chemicals.” EPA is proposing to designate two of the most widely used per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, also known as “Superfund.” The proposal applies to perfluorooctanoic acid and perfluorooctanesulfonic acid, including their salts and structural isomers, and is based on significant evidence that PFOA and PFOS may present a substantial danger to human health or welfare or the environment. PFOA and PFOS can accumulate and persist in the human body for long periods of time and evidence from

laboratory animal and human epidemiology studies indicates that exposure to PFOA and/or PFOS may lead to cancer, reproductive, developmental, cardiovascular, liver, and immunological effects. Read the prepublication version of this Notice of Proposed Rulemaking here.

OCC COMMITTEE Pipeline Safety Periodic Standards Update II PHMSA incorporates more than 80 voluntary, consensus, industry technical standards by reference within the Federal pipeline safety regulations. This notice of proposed rulemaking proposes amendments that would incorporate by reference all or parts of updated editions of some of those standards. This NPRM also proposes non-substantive edits and clarifications to certain other provisions of the PSRs. Comments must be received by October 28, 2022. FR Document: 2022-17219 Citation: 87 FR 52713 PDF HEALTH & SAFETY COMMITTEE Carbon Tetrachloride; Draft Revision to Toxic Substances Control Act (TSCA) Risk Determination; Notice of Availability and Request for Comment The Environmental Protection Agency is announcing the availability of and requesting public comment on a draft revision to the risk determination for the carbon tetrachloride risk evaluation issued under the Toxic Substances Control Act. The draft revision to the carbon tetrachloride risk determination reflects the announced policy changes to ensure the public is protected from unreasonable risks from chemicals in a way that is supported by science and the law. In this draft revision to the risk determination EPA finds that carbon tetrachloride, as a whole chemical substance, presents an unreasonable risk of injury to health when evaluated under its conditions of use. In addition, this draft revised risk determination does not reflect an assumption that all workers always appropriately wear personal protective equipment . EPA understands that there could be occupational safety protections in place at workplace locations; however, not assuming use of PPE reflects EPA’s recognition that unreasonable risk may exist for subpopulations of workers that may be highly exposed because they are not covered by the standards set by the Occupational Safety and Health Administration, or their employers are out of compliance with OSHA standards, or because many of OSHA’s chemical-specific permissible exposure limits largely adopted in the 1970’s are described by OSHA as being ‘‘outdated and inadequate for ensuring protection of worker health.’’ This revision, when final, would supersede the condition of use-specific no unreasonable risk determinations in the 2020 Carbon Tetrachloride Risk Evaluation and would make a revised determination of unreasonable risk for carbon tetrachloride as a whole chemical substance. Comments must be received on or before September 28, 2022. FR Document: 2022-18535 Citation: 87 FR 52766 PDF MISCELLANEOUS EPA Proposes to Stop Authorized Use of Certain PFAS in Pesticide Products The EPA is proposing to remove 12 chemicals identified as per- and polyfluoroalkyl substances from the current list of inert ingredients approved for use in pesticide products to better protect human health and the environment. While these PFAS are no longer used in any registered pesticide products, EPA determined it is important to remove these 12 chemicals from the list of approved inert ingredients to allow for an updated review of available information for these chemicals to be required, if their future use in pesticide products is requested: • 2-Chloro-1,1,1,2-tetrafluoroethane (CAS Reg. No. 2837-89-0);

• • • • • •

α-(Cyclohexylmethyl)-ω-hydropoly(difluoromethylene) (CAS Reg. No. 65530-85-0); Dichlorotetrafluoroethane (CAS Reg. No. 1320-37-2); Ethane, 1,1,1,2,2-pentafluoro- (CAS Reg. No. 354-33-6); Hexafluoropropene, polymer with tetrafluoroethylene (CAS Reg. No. 25067-11-2); Montmorillonite-type clay treated with polytetrafluoroethylene (No CAS Reg. No.); Poly(difluoromethylene), α-chloro-ω-(1-chloro-1-fluoroethyl) (CAS Reg. No. 131324-06-6); • Poly(difluoromethylene), α-chloro-ω-(2,2-dichloro-1,1,2-trifluoroethyl)- (CAS Reg. No. 79070-11-4); • Poly(difluoromethylene), α-(2,2-dichloro-2-fluoroethyl)-, ω-hydro- (CAS No. 163440-89-9); • Poly(difluoromethylene), α-fluoro-ω-[2-[(2-methyl-1-oxo-2- propenyl)oxy]ethyl](CAS Reg. No. 65530-66-7); • Poly(oxy-1,2-ethanediyl), α-hydro-ω-hydroxy-, ether with α-fluoro-ω-(2hydroxyethyl)poly(difluoromethylene) (1:1) (CAS Reg. No. 65545-80-4); and • Propane, 1,1,1,2,3,3,3-heptafluoro- (CAS Reg. No. 431-89-0).

Read the prepublication notice.