Environmental Protection Agency September 24, 2009 – Federal Register Recent Federal Regulation Documents
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Approval and Promulgation of Air Quality Implementation Plans; The Chicago and Evansville Nonattainment Areas; Determination of Attainment of the Fine Particle Standard
EPA is proposing to determine that the Chicago (Illinois and Indiana) and Evansville (Indiana) areas have attained the 1997 fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). The proposed determinations are based upon quality-assured, quality-controlled, and certified ambient air monitoring data that show that the areas have monitored attainment of the 1997 PM2.5 NAAQS for the 2006 to 2008 monitoring period. Preliminary data for 2009 suggest that the areas continue to monitor attainment. If these proposed determinations are made final, the requirements for these areas to submit an attainment demonstration and associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans (SIPs) revisions related to attainment of the standard shall be suspended for so long as the areas continue to attain the 1997 PM2.5 NAAQS.
Gulf of Mexico Program Citizens Advisory Committee Meeting
Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a meeting of the Gulf of Mexico Program (GMP) Citizens Advisory Committee (CAC).
Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the City of Salem, New Jersey
The EPA is hereby granting a project waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the City of Salem, New Jersey (the City), for the purchase of a specific Canadian-manufactured membrane filtration system (ZeeWeed[supreg] 500). The ZeeWeed[supreg] 500 Immersed Ultra- filtration Membranes are manufactured outside of the United States by GE Water & Processes Technologies (GEW&PT), in Canada. The design and specifications of the City's proposed new Surface Water Treatment Plant were based on the performance and characteristics of the ZeeWeed[supreg] 500 membrane system, following pilot testing conducted from March through August 2007, which demonstrated that the equipment worked very well in removing total organic carbon, as well as other contaminants; the successful pilot testing of surface treatment plant technologies is a prerequisite to obtaining a construction permit from the New Jersey Department of Environmental Protection (NJDEP). The Acting Regional Administrator is making this determination based on the review and recommendations of the State Revolving Fund Program Team. The City has provided sufficient documentation to support its request. The Assistant Administrator of the Office of Administration and Resources Management has concurred on this decision to make an exception to Section 1605 of ARRA. This action permits the purchase of ZeeWeed[supreg] 500 Immersed Ultra-filtration Membranes for the proposed project being implemented by the City of Salem, New Jersey.
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Louisville Gas and Electric Company-Trimble County Generating Station; Bedford (Trimble County), KY
Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated August 12, 2009, partially granting and partially denying a petition to object to a state operating permit issued by the Kentucky Division for Air Quality (KDAQ) to Louisville Gas and Electric (LG&E) for its Trimble County Generating Station located in Bedford, Trimble County, Kentucky. This Order constitutes a final action on the petitions submitted by Save the Valley, Sierra Club, and Valley Watch (Petitioners) on April 28, 2008 (Petition 2), and March 2, 2006 (Petition 1), respectively. Pursuant to section 505(b)(2) of the CAA, any person may seek judicial review of the Order in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307(b) of the Act.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Critical Public Information Needs During Drinking Water Emergencies (New); EPA ICR No. 2322.01, OMB Control No. 2080-NEW
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Draft Toxicological Review of cis- and trans-1,2-Dichloroethylene: In Support of the Summary Information in the Integrated Risk Information System (IRIS)
EPA is announcing a public comment period and a public listening session for the external review draft document titled, ``Toxicological Review of cis- and trans-1,2-Dichloroethylene: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-09/006). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within the EPA's Office of Research and Development (ORD). The public comment period and the external peer-review workshop, which will be scheduled at a later date and announced in the Federal Register, are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward the public comments that are submitted in accordance with this notice to the external peer- review panel prior to the meeting for their consideration. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Clean Air Interstate Rule; NOX
EPA is proposing to approve a revision to the Pennsylvania
Draft Toxicological Review of Trichloroacetic Acid: In Support of the Summary Information in the Integrated Risk Information System (IRIS)
EPA is announcing a public comment period and a public listening session for the external review draft document titled, ``Toxicological Review of Trichloroacetic Acid: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/ 635/R-09/003A). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within the EPA's Office of Research and Development (ORD). The public comment period and the external peer- review workshop, which will be scheduled at a later date and announced in the Federal Register, are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward the public comments that are submitted in accordance with this notice to the external peer-review panel prior to the meeting for their consideration. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice.
NACEPT Subcommittee on Promoting Environmental Stewardship
Under the Federal Advisory Committee Act, Public Law 92-463, EPA gives notice of a meeting of the NACEPT Subcommittee on Promoting Environmental Stewardship.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Interim Final Determination That Lake and Porter Counties Are Exempt From NOX
In the Proposed Rules section of this Federal Register, EPA is proposing approval of Indiana's request to exempt Lake and Porter Counties from the Nitrogen Oxides (NOX) Reasonably Available Control Technology (RACT) requirement under section 182(f) of the Clean Air Act (CAA) for the 1997 eight-hour ozone standard based on a proposed determination that the area has attained that standard. Based on the proposed approval, EPA is making an interim final determination by this action that, with respect to the NOX RACT requirement, the State, contingent upon continued monitored attainment of the 1997 eight-hour ozone National Ambient Air Quality Standard (NAAQS), has corrected the deficiency which was the basis for a sanctions clock. This action will defer the application of the new source offset sanction, which would be imposed on September 24, 2009, and defer the application of the highway funding sanction, which would otherwise apply six months after imposition of the offset sanction. Although this action is effective upon publication, EPA will take comment on this interim final determination as well as on EPA's proposed determination of attainment and proposed approval of the State's requested NOX RACT waiver. EPA will publish a new
Determination of Attainment, Approval and Promulgation of Air Quality Implementation Plans; Indiana
EPA is proposing to make a determination, under the Clean Air Act (CAA), that the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) ozone nonattainment area has attained the 1997 eight-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based on complete, quality-assured ambient air quality monitoring data for the period of 2006-2008. Preliminary data for 2009 show that the area continues to attain the standard. EPA is also proposing to approve a request from the State of Indiana to exempt sources of Nitrogen Oxides (NOX) in Lake and Porter Counties from CAA requirements for Reasonably Available Control Technology (RACT). The State's NOX RACT waiver request is based on the most recent three years of complete, quality-assured ozone monitoring data, which demonstrate that additional reduction of NOX emissions would not contribute to attainment of the 1997 eight-hour ozone NAAQS in the Chicago-Gary-Lake County, IL-IN area. This action proposes to approve the State's request for a waiver from the NOX RACT requirements for Lake and Porter Counties under the CAA. In the Final Rules section of this Federal Register, EPA is deferring the imposition of sanctions for the State's failure to submit required NOX RACT regulations based on this proposed attainment determination while we complete action on the proposed NOX RACT waiver. This deferral of sanctions will continue unless EPA determines that the area is no longer attaining the 1997 eight-hour ozone NAAQS. However, if EPA proposes and takes final action in the future to redesignate the area to attainment, such action will permanently stop the sanctions clock.
New Jersey Gold Track Program Under Project XL
The Environmental Protection Agency (EPA) is withdrawing a proposed rule published on April 16, 2002, which would have modified the regulations under the Resource Conservation and Recovery Act (RCRA) and the Clean Air Act (CAA) to enable the implementation of the New Jersey Department of Environmental Protection (NJDEP) Gold Track Program that was developed under EPA's Project eXcellence in Leadership (Project XL) program. Project XL was a national pilot program that allowed state and local governments, businesses and federal facilities to develop with EPA more cost-effective ways of achieving environmental and public health protection. In exchange, EPA provided regulatory, policy or procedural flexibilities to conduct the pilot experiments. EPA is withdrawing the proposed rule in response to NJDEP's decision not to go forward with the Gold Track Program and not to promulgate an enabling rule. In the rule, EPA proposed to provide New Jersey with authority to provide high-performing companies in New Jersey with the regulatory flexibility to test environmental management strategies designed to produce improved and measurable results. The NJDEP had expressed interest in testing a program designed to achieve environmental excellence through commitments and accountability beyond standard regulatory requirements. Following EPA's April 16, 2002 proposal, the NJDEP communicated to EPA that it did not wish to implement the state rulemaking or the pilot project as originally envisioned. EPA received no public comments on this proposed rule.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Lead (Pb) Maintenance Plan Update for Marion County
EPA is approving a request submitted by the Indiana Department of Environmental Management (IDEM) on April 1, 2009, to revise the Indiana State Implementation Plan (SIP) for lead (Pb). The State has submitted an update to its Pb maintenance plan for Marion County for continued attainment of the 1.5 micrograms per cubic meter ([mu]g/m\3\) National Ambient Air Quality Standard (NAAQS) promulgated in 1978. This update satisfies section 175A of the Clean Air Act (CAA), and is in accordance with EPA's May 10, 2000, approval of the State's Redesignation Request and Maintenance Plan for the Marion County Pb nonattainment areas. Additionally, this Pb maintenance plan satisfies the requirements for maintenance plans contained in the September 4, 1992, EPA memorandum entitled ``Procedures for Processing Requests to Redesignate Areas to Attainment.''
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Lead (Pb) Maintenance Plan Update for Marion County
EPA is proposing to approve a request submitted by the Indiana Department of Environmental Management (IDEM) on April 1, 2009, to revise the Indiana State Implementation Plan (SIP) for lead (Pb). The State has submitted an update to its Pb maintenance plan for Marion County for continued attainment of the 1.5 micrograms per cubic meter ([mu]g/m\3\) National Ambient Air Quality Standard (NAAQS) promulgated in 1978. This update satisfies section 175A of the Clean Air Act (CAA), and is in accordance with EPA's May 10, 2000 approval of the State's Redesignation Request and Maintenance Plan for the Marion County Pb nonattainment areas. Additionally, this Pb maintenance plan satisfies the requirements for maintenance plans contained in the September 4, 1992 EPA memorandum entitled ``Procedures for Processing Requests to Redesignate Areas to Attainment.''
Draft Toxicological Review of 1,1,2,2-Tetrachloroethane: In Support of the Summary Information in the Integrated Risk Information System (IRIS)
EPA is announcing a public comment period and a public listening session for the external review draft document titled, ``Toxicological Review of 1,1,2,2-Tetrachloroethane: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-09/001). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within the EPA's Office of Research and Development (ORD). The public comment period and the external peer-review workshop, which will be scheduled at a later date and announced in the Federal Register, are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward the public comments that are submitted in accordance with this notice to the external peer-review panel prior to the meeting for their consideration. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice.
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