Environmental Protection Agency November 1, 2005 – Federal Register Recent Federal Regulation Documents

In compliance with the Paperwork Reduction Act (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 to renew an existing approved collection. This ICR is scheduled to expire on October 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

In compliance with the Paperwork Reduction Act (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 to renew an existing approved collection. This ICR is scheduled to expire on October 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

In compliance with the Paperwork Reduction Act, 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 to renew an existing approved collection. This ICR is scheduled to expire on October 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

This document announces that the EPA Administrator has responded to a citizen petition asking EPA to object to an operating permit proposed by the Illinois Environmental Protection Agency (IEPA). Specifically, the Administrator has partially granted and partially denied the petition submitted by the Lake County Conservation Alliance to object to the proposed operating permit for the Midwest Generation Waukegan station. Pursuant to section 505(b)(2) of the Clean Air Act (Act), Petitioner may seek judicial review in the United States Court of Appeals for the appropriate circuit of those portions of the petition which EPA denied. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the Act.

EPA is taking final action to approve revisions to the Delaware State Implementation Plan (SIP). The revisions were submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) and consist of modifications to the ambient air quality standards for ozone and fine particulate matter. EPA is approving these revisions in the SIP in accordance with the Clean Air Act (CAA).

Notice is hereby given that the State of Indiana is revising its approved Public Water System Supervision Program. Indiana has revised its Public Notification (PN) Rule; its Lead and Copper Rule Minor Revisions (LCRMR) Rule; its Analytical Methods for Chemical and Microbiological Contaminants and revisions to Laboratory Certification Requirements; its revisions to Analytical Methods for Radionuclides Rule; and its Removal of the Prohibition on the Use of Point of Use Devices for compliance with National Primary Drinking Water Regulations Rule. EPA has determined that these revisions by the State are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve these revisions to the State of Indiana's Public Water System Supervision Program. This approval action does not extend to public water systems (PWSs) in Indian Country, as the term is defined in 18 U.S.C. 1151. By approving these rules, EPA does not intend to affect the rights of federally recognized Indian Tribes in Indiana, nor does it intend to limit existing rights of the State of Indiana. Any interested party may request a public hearing. A request for a public hearing must be submitted by December 1, 2005 to the Regional Administrator at the EPA Region 5 address shown below. The Regional Administrator may deny frivolous or insubstantial requests for a hearing. However, if a substantial request for a public hearing is made by December 1, 2005, EPA Region 5 will hold a public hearing. If EPA Region 5 does not receive a timely and appropriate request for a hearing and the Regional Administrator does not elect to hold a hearing on his own motion, this determination shall become final and effective on December 1, 2005. Any request for a public hearing shall include the following information: The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; a brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement of the information that the requesting person intends to submit at such hearing; and the signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

The EPA is approving a revision to the Tennessee State Implementation Plan (SIP) submitted in final form on August 10, 2005. The SIP revision provides the second 10-year maintenance plan for the Nashville (Middle Tennessee) 1-hour ozone maintenance area (Nashville Area), which is composed of the following five counties: Davidson, Rutherford, Sumner, Williamson, and Wilson. The Nashville Area is still required to fulfill obligations under the 1-hour ozone national ambient air quality standard (NAAQS), because EPA has deferred the effective date of the designation for the Nashville Area under the newer 8-hour ozone NAAQS due to participation in an Early Action Compact. EPA is approving this SIP revision because it satisfies the requirement of the Clean Air Act (CAA) for the second 10-year maintenance plan for the Nashville Area. In addition, in this rulemaking, EPA is providing information on its transportation conformity adequacy determination for new motor vehicle emission budgets (MVEBs) for the year 2016 that are contained in the second 10-year 1-hour ozone maintenance plan for the Nashville Area. EPA determined that the 2016 MVEBs are adequate through a previous action. EPA is also approving the 2016 MVEBs in this action.

This proposed rule and preamble describe the requirements that States and Tribes must meet in their implementation plans for attainment of the fine particle (PM2.5) national ambient air quality standards (NAAQS). The health effects associated with exposure to PM2.5 are serious, including premature death, aggravation of heart and lung disease, and asthma attacks. Those particularly sensitive to PM2.5 exposure include older adults, people with heart and lung disease, and children. The EPA designated areas not attaining the PM2.5 standards on December 17, 2004. The PM designations notice was published in the Federal Register on January 5, 2005 (70 FR 944) and became effective on April 5, 2005. On this same date, the Administrator signed a supplemental notice making certain changes to the designations based on 2002-2004 air quality data. The supplemental notice was published in the Federal Register on April 14, 2005 (70 FR 19844). A total of 39 areas with a population of 90 million were designated as nonattainment. Within 3 years, each State having a nonattainment area must submit to EPA an attainment demonstration (and associated air quality modeling), adopted State regulations to reduce emissions of PM2.5 and its precursors, and other supporting information demonstrating that the area will attain the standards as expeditiously as practicable. In order to address PM2.5 problems, EPA believes that States should implement a balanced program to reduce emissions from regional sources [such as power plants emitting sulfur dioxide (SO2) and nitrogen oxides (NOX)] and local sources (such as cars, trucks, industrial sources, and various other combustion or burning-related activities). States should take into account national, State, and local emission reduction programs that are already in place and projected to provide future air quality benefits.