Environmental Protection Agency March 28, 2005 – Federal Register Recent Federal Regulation Documents
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Approval and Promulgation of Implementation Plans; Texas; Post 1996 Rate-of-Progress Plan, Adjustments to the 1990 Base Year Emissions Inventory, and Motor Vehicle Emissions Budgets for the Dallas/Fort Worth Ozone Nonattainment Area
EPA is approving a State Implementation Plan (SIP) revision for the State of Texas. This revision includes the Post 1996 Rate-of- Progress (ROP) plan, adjustments to the 1990 base year emissions inventory, and ROP Motor Vehicle Emissions Budgets for the Dallas/Fort Worth (DFW) ozone nonattainment area. This plan shows planned emission reductions required by the Clean Air Act (Act) from 1996 to 1999 to improve air quality in the Dallas/Fort Worth Area. The reductions are from the 1990 base year emissions inventory. The adjustments to the 1990 base year emissions inventory improve that inventory. The Motor Vehicle Emissions Budgets are used for determining conformity of transportation projects to the SIP. This action satisfies the Act's requirements for a serious ozone nonattainment area's Post 1996 Rate- of-Progress requirements and approves the Motor Vehicle Emissions Budgets under the Rate-of-Progress Plan.
South Carolina: Final Authorization of State Hazardous Waste Management Program Revisions
South Carolina has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to South Carolina. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.
South Carolina: Final Authorization of State Hazardous Waste Management Program Revision
South Carolina has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we get written comments which oppose this authorization during the comment period, the decision to authorize South Carolina's changes to their hazardous waste program will take effect. If we get comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.
Proposed Consent Decree, Clean Air Act Citizen Suit
In accordance with section 113(g) of the Clean Air Act, as amended (``Act'' or ``CAA''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Environmental Defense and American Lung Association (jointly referred to as the ``Plaintiffs''): Environmental Defense and American Lung Association v. Johnson, No. 1:05CV00493 (D.D.C.). On March 10, 2005, the Plaintiffs filed a complaint to compel EPA to make a determination as to whether each state has submitted state implementation plans (``SIPs'') required by section 110(a) of the CAA for the national ambient air quality standards for fine particles (``PM-2.5 NAAQS'') and for ozone (``8-hour ozone NAAQS'') (jointly referred to as the ``1997 NAAQS'').
Notice of Availability: Draft NPDES Permit for Concentrated Animal Feeding Operations for Puerto Rico
Today's notice makes available for public comment the draft NPDES Permit for Concentrated Animal Feeding Operations for Puerto Rico for public review and comment. This draft permit is being published to meet one of EPA's key action items in the Concentrated Animal Feeding Operations Regulationsto issue NPDES permits to reduce risk to water quality and human health from animal feeding operations by December 2006. Please note that this Draft Permit for CAFOs in Puerto Rico has been sent to Public Notice in both an English and a Spanish Newspaper in Puerto Rico for a period of 60 days. The Concentrated Animal Feeding Operation (CAFO) General Permit is a single permit which covers all CAFOs that apply for coverage in the Commonwealth of Puerto Rico. Consequently, those CAFOs which are covered by the General Permit will have identical permit language and requirements. Unique facility-specific requirements will be similarly referenced in the permit. The facility-specific requirements are found in the Puerto Rico Environmental Quality Board's regulations for Animal Feeding Operations and detailed in an Agricultural Waste Management Plan (AWMP). The AWMP is a requirement for all CAFOs. For Puerto Rico the AWMP is synonymous with a Residuals Management System. Only Animal Feeding Operations (AFOs) which meet the definition of a CAFO are eligible to apply for coverage under the General Permit. AFOs which do not meet the definition are not eligible to be covered under the General Permit. To determine if your operation is a CAFO, see 40 CFR 122.23 (4) and (6) as well as Part VII of the Definitions section of the General Permit. In addition, facilities can be designated as CAFOs on a case by case basis. EPA believes that comments from a wide range of interested stakeholders is important to produce a final permit that will help EPA achieve the goal of reducing risk to water quality and human health from animal feeding operations. EPA is interested in receiving comments from reviewers of the draft NPDES Permit for Concentrated Animal Feeding Operations for Puerto Rico, and will carefully consider this input as it prepares a final permit.
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