Environmental Protection Agency August 26, 2005 – Federal Register Recent Federal Regulation Documents

California State Motor Vehicle Pollution Control Standards; Waiver of Federal Preemption; Notice of Decision
Document Number: 05-17037
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
EPA today, pursuant to section 209(b) of the Clean Air Act (Act), 42 U.S.C. 7543(b), is granting California its request for a waiver of federal preemption for its heavy-duty diesel regulations for 2007 and subsequent model year vehicles and engines (2007 California Heavy Duty Diesel Engine Standards) and related test procedures including the not-to-exceed (NTE) and supplemental steady-state tests (supplemental test procedures) to determine compliance with applicable standards. By letter dated July 16, 2004, the California Air Resources Board (CARB) requested that EPA grant California a waiver of federal preemption for its 2007 California Heavy Duty Diesel Engine Standards, which primarily align California's standards and test procedures with the federal standards and test procedures for 2007 and subsequent model year vehicles and engines.
Environmental Impacts Statements; Notice of Availability
Document Number: 05-17036
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: 05-17035
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
EPA expressed environmental concerns due to potential adverse impacts to water quality, wetlands, permafrost soils and wildlife from increased snowmobile use. EPA requested that the final EIS include additional monitoring plans and contingent mitigation measures that can be used with adaptive management plans to minimize adverse impacts or unexpected outcomes. Rating EC2.
Calculation of the Economic Benefit of Noncompliance in EPA's Civil Penalty Enforcement Cases
Document Number: 05-17033
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
In a Federal Register notice issued on October 9, 1996, the Environmental Protection Agency (``EPA'') requested comment on how it calculates the economic benefit that regulated entities obtain as a result of violating environmental requirements. EPA makes this calculation as a part of establishing an appropriate penalty for settlement purposes. The Agency's policy is that any civil penalty should at least recapture the economic benefit the violator has obtained through its unlawful actions. Because enforcement staff typically use the BEN (short for benefit) computer model to perform the economic benefit calculations, the Agency requested comments on the BEN model as well as the larger benefit recapture issues. In a subsequent Federal Register notice issued on June 18, 1999, EPA responded to the comments on the October 1996 Federal Register notice; provided advance notice of the changes EPA proposed to make to its benefit recapture approach and the BEN computer model; and requested a second round of comment of those proposed changes. This notice responds to the comments on the June 1999 notice and contains the changes EPA will implement in its benefit recapture program.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Dallas-Fort Worth Voluntary Mobile Emission Reduction Program
Document Number: 05-17030
Type: Rule
Date: 2005-08-26
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Texas. This revision approves the Dallas-Fort Worth (DFW) Voluntary Mobile Emission Reduction Program (VMEP) which is relied upon to achieve the National Ambient Air Quality Standard (NAAQS) for ozone in the DFW nonattainment area.
Notice of Prevention of Significant Deterioration Final Determination for Sumas Energy 2 Electric Generating Facility
Document Number: 05-17029
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
This document announces that on May 26, 2005, the Environmental Appeals Board (``EAB'') of EPA denied review of a petition for review of a Prevention of Significant Deterioration (``PSD'') permit amendment (``Permit Amendment'') that EPA, Region 10 and the State of Washington's Energy Facility Site Evaluation Council (``EFSEC'') issued to Sumas Energy 2, Inc. (``SE2''). The Permit Amendment extends the original PSD permit (``Original Permit'') issued to SE2 for construction and operation of the SE2 electric generating facility (``Facility''). The Permit Amendment was issued pursuant to 40 CFR 52.21.
Notice of Prevention of Significant Deterioration Final Determination for Cardinal FG Company
Document Number: 05-17028
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
This document announces that on March 22, 2005, the Environmental Appeals Board (``EAB'') of EPA denied review of a petition for review of a Prevention of Significant Deterioration (``PSD'') permit (``Permit'') that the State of Washington's Department of Ecology (``Ecology'') issued to Cardinal FG Company (``Cardinal'') for construction and operation of a flat glass production plant (``Facility'') near Chehalis, Washington. The Permit was issued pursuant to 40 CFR 52.21. Ecology has the authority to issue PSD permits pursuant to the ``Agreement for Partial Delegation of the Federal Prevention of Significant Deterioration (PSD) Program by the United States Environmental Protection Agency, Region 10 to the State of Washington Department of Ecology,'' dated March 28, 2003 (``PSD Delegation Agreement''). The PSD Delegation Agreement was entered into pursuant to 40 CFR 52.21(u).
Notice of Prevention of Significant Deterioration Final Determination for BP Cherry Point Cogeneration Facility
Document Number: 05-17027
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
This document announces that on June 21, 2005, the Environmental Appeals Board (``EAB'') of EPA denied review of a petition for review of a Prevention of Significant Deterioration (``PSD'') permit (``Permit'') that EPA Region 10 and the State of Washington's Energy Facility Site Evaluation Council (``EFSEC'') issued to BP West Coast Products, L.L.C. (``BP'') for construction and operation of the BP Cherry Point Cogeneration Facility (``Facility''), a natural gas-fired cogeneration facility. The Permit was issued pursuant to 40 CFR 52.21.
Limited Approval and Promulgation of Implementation Plans; Texas; Excess Emissions During Startup, Shutdown and Malfunction Activities
Document Number: 05-16933
Type: Rule
Date: 2005-08-26
Agency: Environmental Protection Agency
This action finalizes limited approval of revisions to the Texas State Implementation Plan (SIP) concerning excess emissions which we proposed, through the parallel processing mechanism, on May 9, 2005. Specifically, we are finalizing limited approval of revisions to 30 TAC Chapter 101, General Air Quality Rules concerning excess emissions during startup, shutdown, and malfunction (SSM) activities. The action will have the effect of extending the expiration date of certain provisions from June 30, 2005 to no later than June 30, 2006. Texas has made this change to allow for additional time before these provisions expire from the SIP to submit a revised excess emissions rule for our approval into the SIP.
Approval and Promulgation of Air Quality Implementation Plans; Chattanooga, TN; Revised Format for Materials Being Incorporated by Reference
Document Number: 05-16932
Type: Rule
Date: 2005-08-26
Agency: Environmental Protection Agency
EPA is revising the format of part 52 of Title 40 of the Code of Federal Regulations (40 CFR part 52) for materials submitted by Chattanooga, Tennessee that are incorporated by reference (IBR) into the State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by the local agency and approved by EPA. This format revision will affect the ``Identification of Plan'' sections of 40 CFR part 52, by adding a table for the Chattanooga portion of the Tennessee SIP. This revision will also affect the format of the SIP materials that will be available for public inspection at the Office of the Federal Register (OFR), the Air and Radiation Docket and Information Center, and the Regional Office.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes: Wallula, WA, Area
Document Number: 05-16929
Type: Rule
Date: 2005-08-26
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) is taking final action to approve a PM10 State Implementation Plan (SIP) maintenance plan revision for the Wallula, Washington nonattainment area and to redesignate the area from nonattainment to attainment. PM10 air pollution is suspended particulate matter with a nominal diameter less than or equal to a nominal ten micromenters. We are approving the maintenance plan revision and redesignation request because the State has adequately demonstrated that the control measures being implemented in the Wallula area will result in maintenance of the PM10 National Ambient Air Quality Standards and that all other requirements of the Clean Air Act for redesignation to attainment have been met.
Approval and Promulgation of Air Quality Implementation Plans; South Carolina and Georgia; Attainment Demonstration for the Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley-Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands, and Upper Savannah Early Action Compact Areas
Document Number: 05-16598
Type: Rule
Date: 2005-08-26
Agency: Environmental Protection Agency
The EPA is approving revisions to the South Carolina and Georgia State Implementation Plans (SIPs), submitted by the South Carolina Department of Health and Environmental Control (SC DHEC) and the Georgia Environmental Protection Division (EPD), respectively, for the Early Action Compact (EAC) areas in South Carolina and Georgia. The proposed SIP revisions were submitted on December 29, 2004, by South Carolina and December 31, 2004, by Georgia. There are ten EAC areas in South Carolina and Georgia covered by this final action: the Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley- Charleston-Dorchester, Low Country, Lower Savannah, Central Midlands, and Upper Savannah EAC Areas. Only the Lower Savannah EAC Area has counties in both South Carolina and Georgia. For the purposes of this document, however, all of the above listed EAC areas will be collectively referred to as the ``South Carolina and Georgia EAC Areas.'' The SIP revisions meet the requirements for the South Carolina and Georgia EAC Areas to attain and maintain the 8-hour ozone national ambient air quality standard (the 8-hour ozone standard) as described in the EAC Protocol and related regulations. EPA is also now approving the photochemical modeling used by South Carolina and Georgia to support the attainment and maintenance demonstrations of the 8-hour ozone standard in the South Carolina and Georgia EAC Areas. The revisions being approved today further incorporate regulatory control measures into the South Carolina SIP, including two Statewide regulations pertaining to control of nitrogen oxide (NOX) emissions and open burning. In addition, this final action also corrects inadvertent errors in the May 26, 2005, proposal document relating to these SIP revisions (70 FR 30396). In today's final action, EPA is not finalizing its proposed rulemaking to defer the effective date of the nonattainment designations for EAC areas. In a separate action, published on June 8, 2005, EPA proposed to defer the effective date of the nonattainment deferred designation for EAC areas until December 31, 2006 (69 FR 23858). EPA final action on the deferral is expected to be published before September 30, 2005.
Approval and Promulgation of Air Quality Implementation Plans; Tennessee and Georgia; Attainment Demonstrations for the Chattanooga, Nashville, and Tri-Cities Early Action Compact Areas
Document Number: 05-16594
Type: Rule
Date: 2005-08-26
Agency: Environmental Protection Agency
The EPA is approving revisions to the Tennessee and Georgia State Implementation Plans (SIPs) submitted by the State of Tennessee, through the Department of Environment and Conservation (TDEC) on December 29, 2004, and by the State of Georgia, through the Environmental Protection Division (GAEPD) on December 31, 2004, for the three Early Action Compact (EAC) areas in Tennessee and Georgia: the Chattanooga, Nashville, and Tri-Cities Areas (the Tennessee and Georgia EAC Areas). The Chattanooga EAC Area is the only one of the three with counties in both Tennessee and Georgia; the other two EAC Areas are located entirely within the State of Tennessee. The SIP revisions meet the requirements for the Tennessee and Georgia EAC Areas to attain and maintain the 8-hour ozone national ambient air quality standard (8-hour ozone standard) as described in the EAC Protocol and related regulations. EPA is also now approving the photochemical modeling used by Tennessee and Georgia to support the attainment and maintenance demonstrations of the 8-hour ozone standard in the Tennessee and Georgia EAC Areas. In this action, EPA is not finalizing its proposed rulemaking to defer the effective date of the nonattainment designations for EAC areas. In a separate action, published on June 8, 2005, EPA proposed to defer the effective date of the nonattainment deferred designation for EAC areas until December 31, 2006 (69 FR 23858). EPA final action on the deferral is expected to be published before September 30, 2005.