Environmental Protection Agency August 9, 2007 – Federal Register Recent Federal Regulation Documents

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a change of the date for the Gulf of Mexico Program (GMP) Management Committee Meeting (MC) published in the Federal Register on July 30, 2007 (72 FR 41506). For information on access or services for individuals with disabilities, please contact Gloria Car, U.S.EPA, at (228) 688-2421 or car.gloria@epa.gov. To request accommodation of a disability, please contact Gloria Car, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

The Ohio Environmental Protection Agency (Ohio EPA) submitted a request on December 22, 2006, and supplemented it on March 9, 2007, for redesignation of the Toledo, Ohio area (Lucas and Wood Counties) to attainment for the 8-hour ozone standard. The submission also includes a maintenance plan that provides for continued attainment through 2018. On June 12, 2007, EPA proposed to approve this submission. EPA provided a 30-day review and comment period. One comment, from BP Products, North America Inc., was received supporting EPA's proposal. Today, EPA is approving Ohio's request and corresponding State Implementation Plan (SIP) revision. In so doing, EPA is making a determination that the Toledo, Ohio area has attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2004-2006 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. Preliminary 2007 air quality data show that the area continues to attain the 8-hour ozone standard. EPA is approving the maintenance plan for this area and is redesignating the area to attainment. Finally, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the years 2009 and 2018.

EPA Region 4 is issuing a notice of intent to delete the Rochester Property Superfund Site (Site) located in Travelers Rest, South Carolina, from the National Priorities List (NPL) and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SCDHEC), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. In the Final Rules section of this Federal Register, the EPA is approving the direct final notice of deletion of the Rochester Property Superfund Site without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final notice. If no significant, material, and adverse comments are received in response to this notice, no further activity is contemplated. If EPA receives adverse comments, the direct final notice will be withdrawn and all public comments received will be addressed in a subsequent final notice based on this proposed notice. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri for the purpose of including the Kansas City 8-hour ozone maintenance plan into the SIP. Section 110(a)(1) of the Clean Air Act requires that areas which were maintenance areas for the 1-hour ozone standard and attainment for the 8-hour ozone standard develop a plan showing how the state will maintain the ozone standard for the area. The maintenance plan includes an emissions inventory demonstration, a plan for how the states will track progress on reducing emissions, a commitment to continue ozone monitoring, and a contingency plan that will ensure that a violation of the 8-hour ozone standard is promptly addressed.

The EPA is approving a revision to the Kansas State Implementation Plan (SIP) prepared by Kansas to maintain the 8-hour national ambient air quality standard (NAAQS) for ozone in the Kansas portion of the Kansas City area. The Kansas City area is designated attainment for the ozone NAAQS. This revision is required by the Clean Air Act. A similar final rulemaking pertaining to the Missouri portion of the Kansas City maintenance area is being done in conjunction with this rulemaking. The effect of this approval is to ensure Federal enforceability of the state air program plan and to maintain consistency between the state-adopted plan and the approved SIP.