Environmental Protection Agency November 22, 2005 – Federal Register Recent Federal Regulation Documents

In this notice, EPA is notifying the public that EPA has found that the motor vehicle emissions budgets in the Vigo 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, Vigo 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 December 7, 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'').

The EPA is announcing a public hearing to be held on December 9, 2005 and an extension of the public comment period on our proposed changes to the New Source Review (NSR) permitting program at 70 FR 61081. (October 20, 2005). The proposed changes would revise the emissions test for existing electric generating units (EGUs) that are subject to the regulations governing the Prevention of Significant Deterioration and nonattainment major NSR programs mandated by parts C and D of title I of the Clean Air Act (CAA). We also solicited comment on a proposed revised emissions test under the New Source Performance Standards (NSPS) regulations. The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning these proposed changes. The EPA is also extending the public comment period from December 19, 2005 to February 17, 2006. The EPA is holding the public hearing and extending the public comment period by 60 days because of the number of requests we received in a timely manner.

The highway diesel fuel sulfur program, finalized in 2001, is resulting in the nationwide transition in 2006 of most diesel fuel from low-sulfur diesel (LSD) to ultra-low sulfur diesel (ULSD). Some in the diesel fuel production and distribution industries have indicated that they may be unable to complete the transition to ULSD by the current deadlines at the very furthest reaches the distribution system. In response, today's proposed action would make limited changes to the transition provisions for entities in the highway diesel distribution system. These proposed changes finely balance the concerns of the fuel industry with the critical need for ULSD to be available for 2007 diesel vehicles and engines. The impacts of the recent hurricanes along the Gulf Coast of the U.S. are not a contributing factor in today's proposed action, and there would be no change in the June 1, 2006 start date for refiners to be producing ULSD (15 ppm sulfur). We propose to extend the ULSD implementation dates for terminals and retail outlets by 45 days. Thus, terminals would have until September 1, 2006 (vs. July 15) and retailers would have until October 15, 2006 (vs. September 1) to complete their transitions to ULSD. We also propose that downstream of the refinery fuel slightly higher than 15 ppm sulfur could temporarily be sold as ULSD. In addition, we propose to extend the beginning of the restriction on how much ULSD can be downgraded to higher sulfur fuel by 15 days, to October 15, 2006 to be consistent with the end of the proposed new transition dates. The rule also includes proposed corrections to the recordkeeping and reporting requirements under the highway diesel and also proposes several minor amendments to the highway diesel sulfur, nonroad diesel sulfur, and gasoline sulfur programs to correct errors or omissions in the regulations.