Environmental Protection Agency May 2006 – Federal Register Recent Federal Regulation Documents

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address a lawsuit filed by Utility Air Regulatory Group (``UARG'') in the U.S. Court of Appeals for the District of Columbia: Utility Air Regulatory Group v. EPA, No. 06-1056 (D.C. Cir.). This lawsuit, which was filed pursuant to section 307(b) of the Act, is a petition for review of EPA's final rule entitled ``Regional Haze Regulations and Guidelines for Best Available Retrofit Technology (BART) Determinations,'' published at 70 FR 39104 (July 6, 2005). Under the terms of the proposed settlement agreement, EPA has agreed to execute two documents that provide guidance on the revised regional haze regulations and the BART Guidelines.

The Texas Commission on Environmental Quality (TCEQ) has submitted updated regulations for receiving delegation of EPA authority for National Emission Standards for Hazardous Air Pollutants (NESHAPs) for certain sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAPs promulgated by EPA, as adopted by the TCEQ. The delegation of authority under this action does not apply to sources located in Indian Country. EPA is taking direct final action to approve the delegation of certain NESHAPs to TCEQ.

The regulations for Registration of Fuels and Fuel Additives, were promulgated under the authority of sections 211(a), (b) and (e) of the Clean Air Act, as amended. These regulations require the registration by EPA of certain motor-vehicle fuels and fuel additives. In certain cases, the manufacturer of a registered product is required to conduct research and submit various health-effects data to EPA within prescribed time frames. Under section 211(e) of the Clean Air Act, EPA may cancel the registration of any fuel or fuel additive for which the registrant has failed to submit the applicable test reports within the prescribed period. Administrative procedures are afforded and EPA may not cancel the registration for an existing fuel or additive without affording the registrant/manufacturer notice, opportunity to submit the requisite test data, and opportunity for a hearing. This order cancels the registration of the Platinum GaSaver fuel additive for nonsubmittal of applicable test data.

Notice is hereby given that the Environmental Protection Agency (EPA) has designated two new reference methods for measuring concentrations of nitrogen dioxide (NO2) and carbon monoxide (CO) in the ambient air, and three new equivalent methods for measuring concentrations of sulfur dioxide (SO2) and ozone (O3) in the ambient air.

The EPA is proposing to amend the national emission standards for hazardous air pollutants (NESHAP) for site remediation activities that were promulgated on October 8, 2003, to control emissions of hazardous air pollutants (HAP) from site remediation activities. We are proposing to amend specific provisions to resolve issues and questions subsequent to promulgation; correct technical omissions; and correct typographical, cross-reference, and grammatical errors.

EPA is taking direct final action to correct, amend, and revise certain provisions of the Highway Diesel Rule, and the Nonroad Diesel Rule. This action corrects additional errors and omissions from the previous rules, and it makes minor changes to the regulations to assist entities with regulatory compliance. This action also makes technical amendments that resulted from discussions with various diesel stakeholders. These technical amendments will: provide a temporary increase in the sulfur testing tolerance, revise the designate and track provisions to account for non-petroleum diesel fuels (i.e., biodiesel) and fuel that meets the California Air Resources Board's diesel fuel standards, and amend the alternative defense provisions to account for conductivity additives and red dye. This action is intended to help facilitate compliance with the diesel fuel regulations and ensure a smooth transition to ultra low sulfur diesel fuel.