Environmental Protection Agency October 20, 2005 – Federal Register Recent Federal Regulation Documents

EPA has authorized its contractor Avanti Corporation, of Annandale, Virginia, and its subcontractor, Geologics Corporation of Alexandria, Virginia, access to information which has been submitted to EPA under sections 4, 5, 6, and 8 of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

The Environmental Protection Agency (EPA, ``we'' or ``the Agency'') has determined that the Department of Energy's (DOE) Compliance Recertification Application (CRA, or ``application'') for the Waste Isolation Pilot Plant (WIPP) is complete. EPA provided written notice of the completeness decision to the Secretary of Energy on September 29, 2005. The text of the letter is contained in the SUPPLEMENTARY INFORMATION. The Agency has determined that the Compliance Recertification Application is complete, in accordance with 40 CFR Part 194, ``Criteria for the Certification and Recertification of the WIPP's Compliance with the 40 CFR part 191 Disposal Regulations'' (Compliance Certification Criteria). The completeness determination is an administrative step that is required by regulation, and it does not imply in any way that the Compliance Recertification Application demonstrates compliance with the Compliance Criteria and/or the disposal regulations. EPA is now engaged in the full technical review that will determine if WIPP remains in compliance with the disposal regulations. As required by the 1992 WIPP Land Withdrawal Act and our implementing regulations, EPA will make a final recertification decision within six months of issuing the completeness letter to the Secretary of Energy.

EPA is approving the Sections 111(d) and 129 negative declaration submitted by the Massachusetts Department of Environmental Protection (MADEP) on August 23, 2005. This negative declaration adequately certifies that there are no existing commercial and industrial solid waste incineration units (CISWIs) located within the boundaries of the Commonwealth of Massachusetts. EPA publishes regulations under Sections 111(d) and 129 of the Clean Air Act requiring states to submit control plans to EPA. These state control plans show how states intend to control the emissions of designated pollutants from designated facilities e.g., CISWIs). The Commonwealth of Massachusetts submitted this negative declaration in lieu of a state control plan.

The EPA (we) is proposing to revise the emissions test for existing electric generating units (EGUs) that are subject to the regulations governing the Prevention of Significant Deterioration (PSD) and nonattainment major New Source Review (NSR) programs (collectively ``NSR'') mandated by parts C and D of title I of the Clean Air Act (CAA or Act). The revised emissions test is the same as that in the New Source Performance Standards (NSPS) program under CAA section 111(a)(4). For existing EGUs, we are proposing to compare the maximum hourly emissions achievable at that unit during the past 5 years to the maximum hourly emissions achievable at that unit after the change to determine whether an emissions increase would occur. Alternatively, we are soliciting public comment on a major NSR emissions test for existing EGUs that would compare maximum hourly emissions achieved before a change to the maximum hourly emissions achieved after the change. We are also soliciting public comment on adopting an NSR emissions test based on mass of emissions per unit of energy output. In addition, we are soliciting comment on whether to revise the NSPS regulations to include a maximum achieved emissions test or an output- based emissions test, either in lieu of or in addition to the maximum achievable hourly emissions test. Today's proposal would not affect new EGUs, which would continue to be subject to major NSR preconstruction review and to the NSPS program. The proposed rule would only apply prospectively to changes at existing EGUs potentially covered by major NSR and the NSPS programs. These proposed regulations interpret CAA section 111(a)(4), in the context of NSR and NSPS, for physical changes and changes in the method of operation at existing EGUs. The proposed regulations would establish a uniform emissions test nationally under the NSPS and NSR programs for existing EGUs. The proposed regulations would also promote the safety, reliability, and efficiency of EGUs.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit two continuing Information Collection Requests (ICR) to the Office of Management and Budget (OMB). This is a request to renew two existing approved collections. These ICRs are scheduled to expire on March 31, 2006. Before submitting the ICRs to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

In this notice, EPA is notifying the public that EPA has found that the motor vehicle emissions budgets in the Jackson County, Indiana 8-hour ozone redesignation request and maintenance plan are adequate for conformity purposes. On March 2, 1999, the DC Circuit Court ruled that submitted State Implementation Plans (SIPs) cannot be used for conformity determinations until EPA has affirmatively found them adequate. As a result of our finding, Jackson County can use the motor vehicle emissions budgets from the submitted 8-hour ozone redesignation request and maintenance plan for future conformity determinations. These budgets are effective November 4, 2005. The finding and the response to comments will be available at EPA's conformity Web site: https://www.epa.gov/otaq/transp.htm, (once there, click on the ``Conformity'' button, then look for ``Adequacy Review of SIP Submissions for Conformity'').