Environmental Protection Agency August 29, 2006 – Federal Register Recent Federal Regulation Documents

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Kentuckians for the Commonwealth, Friends of the Chattahoochee and Sierra Club (collectively, ``plaintiffs''): Kentuckians for the Commonwealth, et al. v. Johnson, No. 06CV00184 (RMU) (D. D.C.). Plaintiffs filed a complaint on February 2, 2006 and their First Amended Complaint on April 14, 2006, claiming that EPA had failed to perform non- discretionary duties under CAA section 111(b)(1)(B) to review and, if appropriate, revise the new source performance standards (``NSPS'') for nonmetallic mineral processing plants (Subpart OOO) and for coal preparation plants (Subpart Y). Under the proposed consent decree, within18 months from when the Court enters the consent decree, EPA would be required to sign, and promptly forward to the Office of Federal Register, one or a combination of the following for each NSPS: (a) A proposed or final determination that review of the NSPS is not appropriate in light of readily available information on the efficacy of such standard; (b) a proposed determination that based on a complete review of the NSPS, revision is not appropriate; or (c) a proposed rule containing revisions to the NSPS. Within 30 months from when the Court enters the consent decree, EPA would be required to sign and promptly forward to the Office of Federal Register one or a combination of the following for each NSPS: (a) A final determination that review of the NSPS is not appropriate in light of readily available information on the efficacy of such standard; (b) a final determination that based on a complete review of the NSPS, revision is not appropriate; or (c) a final rule containing revisions to the NSPS.

EPA is approving a State Implementation Plan (SIP) revision submitted by the state of Iowa for the purpose of establishing exemptions for indoor sources of air pollution that are not directly vented to the outside but have emissions that leave the building through doors, vents or other means. This revision also clarifies that the permitting exemptions do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. The state has demonstrated that air pollution emissions from this equipment are negligible and these exemptions are likely to result in no significant impact on human health or the environment. We have reviewed the state's justification for the revisions and agree with its conclusions.

On August 15, 2006, EPA published a notice announcing the availability of funds for grants and cooperative agreements under EPA's Targeted Watersheds Grant Program. The announcement solicits proposals for watershed restoration and/or protection projects throughout the country. This notice is to extend the submission date for proposals to November 15, 2006. EPA is extending the submission date for proposals to be consistent with Agency communications.