Environmental Protection Agency October 1, 2007 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Implementation Plans; Alabama; Clean Air Interstate Rule
Document Number: E7-19352
Type: Rule
Date: 2007-10-01
Agency: Environmental Protection Agency
EPA is taking final action to approve a revision to the Alabama State Implementation Plan (SIP) submitted on March 7, 2007. The Alabama Department of Environmental Management (ADEM) also previously submitted a final submittal dated June 16, 2006, which was subsequently updated in a prehearing request for parallel processing on November 16, 2006, to comply with EPA's revisions to the model rule. Alabama's final March 7, 2007, submittal replaces the State's June 16, 2006, and November 16, 2006, submittals. This revision addresses the requirements of EPA's Clean Air Interstate Rule (CAIR) promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006. EPA has determined that the SIP revision fully implements the CAIR requirements for Alabama. As a result of this action, EPA will also withdraw, through a separate rulemaking, the CAIR Federal Implementation Plans (FIPs) concerning sulfur dioxide (SO2), nitrogen oxides (NOX) annual, and NOX ozone season emissions for Alabama. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006, and subsequently revised on December 13, 2006. CAIR requires States to reduce emissions of SO2 and NOX that significantly contribute to, and interfere with maintenance of, the National Ambient Air Quality Standards (NAAQS) for fine particulates (PM2.5) and/or ozone in any downwind state. CAIR establishes State budgets for SO2 and NOX and requires States to submit SIP revisions that implement these budgets in States that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is approving, Alabama has met the CAIR requirements by electing to participate in the EPA-administered cap- and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions.
Approval and Promulgation of Implementation Plans; New York: Clean Air Interstate Rule
Document Number: E7-19346
Type: Proposed Rule
Date: 2007-10-01
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the New York State Implementation Plan (SIP) that addresses the requirements of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005 and subsequently revised on April 28, 2006, and December 13, 2006. EPA is proposing to determine that the SIP revision fully implements the CAIR requirements for New York. EPA will also withdraw the CAIR Federal Implementation Plans (CAIR FIPs) concerning sulfur dioxide (SO2), nitrogen oxides (NOX) annual, and NOX ozone season emissions for New York pending final approval of New York's SIP revision. The CAIR FIPs for all states in the CAIR region were promulgated on April 28, 2006 and subsequently revised on December 13, 2006. The SIP revision that EPA is proposing to approve will also satisfy New York's 110(a)(2)(D)(i) obligations to submit a SIP revision that contains adequate provisions to prohibit air emissions from adversely affecting another state's air quality through interstate transport. CAIR requires states to reduce emissions of SO2 and NOX that significantly contribute to and interfere with the maintenance of the national ambient air quality standards for fine particulates and/or ozone in any downwind state. CAIR establishes state budgets for SO2 and NOX and requires states, which EPA has concluded contribute to nonattainment in downwind states, to submit SIP revisions that implement these budgets. States have the flexibility to choose the control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is proposing to approve, New York would meet CAIR requirements by participating in the EPA- administered cap-and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions.
Clean Water Act Section 303(d): Final Agency Action on 14 Total Maximum Daily Loads (TMDLs)
Document Number: E7-19335
Type: Notice
Date: 2007-10-01
Agency: Environmental Protection Agency
This notice announces final agency action on 14 TMDLs prepared by EPA Region 6 for waters listed in Louisiana's Red and Sabine River Basins, under section 303(d) of the Clean Water Act (CWA). Documents from the administrative record file for the 14 TMDLs, including TMDL calculations and responses to comments, may be viewed at http:// www.epa.gov/earth1r6/6wq/npdes/tmdl/index.htm. The administrative record file may be examined by calling or writing Ms. Diane Smith at the address below. Please contact Ms. Smith to schedule an inspection.
Proposed Settlement Agreement, Clean Air Act Citizen Suit
Document Number: E7-19333
Type: Notice
Date: 2007-10-01
Agency: Environmental Protection Agency
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 Rocky Mountain Clean Air Action (``RMCAA'') in the United States Court of Appeals for the D.C. Circuit: Rocky Mountain Clean Air Action v. EPA, No. 07-1012 (D.C. Cir.). Petitioner filed a petition for review challenging EPA's final rule entitled ``Final Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards (``NAAQS'') for Early Action Compact Areas,'' 71 FR 69022 (Nov. 29, 2006). Under the terms of the proposed settlement agreement, deadlines have been established for EPA and the State of Colorado to take specific actions related to the Denver Early Action Compact (``Denver EAC'') area. Petitioner's sole remedy if EPA or the State fails to take one of these actions is to request the court to lift the stay and to set a briefing schedule.
Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of Compounds
Document Number: E7-19324
Type: Proposed Rule
Date: 2007-10-01
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to revise EPA's definition of volatile organic compounds (VOCs) for purposes of preparing State implementation plans (SIPs) to attain the national ambient air quality standard for ozone under Title I of the Clean Air Act (Act). This proposed revision would add compounds to the list of compounds excluded from the definition of VOC on the basis that these compounds make a negligible contribution to tropospheric ozone formation. The compounds under consideration are propylene carbonate and dimethyl carbonate. The EPA is inviting comment on an alternative evaluation criteria for exempting one of these compounds (propylene carbonate), methods for tracking changes in the use and emissions of both of these compounds and their potential substitutes, and the potential for health risks that may result from this action.
Clean Air Interstate Rule (CAIR) and CAIR Federal Implementation Plans; Corrections
Document Number: E7-19323
Type: Rule
Date: 2007-10-01
Agency: Environmental Protection Agency
In this rule, EPA is making a minor correction to the Clean Air Interstate Rule (CAIR) to restore a phrase of regulatory text related to State annual emissions reporting requirements that was inadvertently deleted when the rule was amended in 2006. This rule also corrects typographical errors in the spellings of three States in the CAIR regulatory text and corrects a typographical error in a section citation in the CAIR Federal Implementation Plans (FIPs) regulatory text.
Meeting of the Total Coliform Rule Distribution System Advisory Committee-Notice of Public Meeting
Document Number: E7-19316
Type: Notice
Date: 2007-10-01
Agency: Environmental Protection Agency
Under Section 10(a)(2) of the Federal Advisory Committee Act, the United States Environmental Protection Agency (EPA) is giving notice of a meeting of the Total Coliform Rule Distribution System Advisory Committee (TCRDSAC). The purpose of this meeting is to discuss the public health information, Safe Drinking Water Act (SDWA) framework, Total Coliform Rule (TCR) implementation and compliance, and issues that may affect finished water quality in distribution systems. The TCRDSAC advises and makes recommendations to the Agency on revisions to the Total Coliform Rule (TCR), and on what information should be collected, research conducted, and/or risk management strategies evaluated to better inform distribution system contaminant occurrence and associated public health risks. Topics to be discussed in the meeting include available public health information and how it relates to the TCR; how the TCR relates to other SDWA regulations, such as the Ground Water Rule; TCR implementation and compliance; and information on distribution system issues that may impact water quality.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Oxides of Nitrogen Regulations, Phase II
Document Number: E7-19217
Type: Rule
Date: 2007-10-01
Agency: Environmental Protection Agency
The EPA is approving Indiana's oxides of nitrogen (NOX) rules which satisfy the requirements of EPA's NOX SIP Call Phase II Rule (the Phase II Rule). EPA is approving these regulations based on Indiana's demonstration that they will result in the achievement of the Phase II budget through source compliance with rules affecting stationary internal combustion (IC) engines which are identified in the NOX plan submittal. Limiting NOX emissions from IC engines will enable the State to meet the Phase II incremental difference of 4,244 tons during the ozone season, thereby improving air quality and protecting the health of Indiana citizens. EPA is also approving other changes to Indiana's NOX rules. These are minor clerical corrections and changes in definitions made by Indiana to conform to the revisions made by EPA in the Phase II Rule.
Approval and Promulgation of Implementation Plans; New Jersey: Clean Air Interstate Rule
Document Number: E7-19216
Type: Rule
Date: 2007-10-01
Agency: Environmental Protection Agency
EPA is taking final action to approve a revision to New Jersey's State Implementation Plan (SIP) submitted on February 6, 2007, and subsequently revised on July 9, 2007. This revision incorporates provisions related to the implementation of EPA's Clean Air Interstate Rule (CAIR), and the CAIR Federal Implementation Plan (CAIR FIP) concerning SO2, NOX annual, NOX ozone season emissions for the State of New Jersey. The SIP revision that EPA is fully approving is an ``abbreviated'' SIP revision that addresses the methodology to be used to allocate annual and ozone season NOX allowances under the CAIR FIPs. The SIP revision that EPA is approving will also satisfy New Jersey's 110(a)(2)(D)(i) obligations to submit a SIP revision that contains adequate provisions to prohibit air emissions from adversely affecting another state's air quality through interstate transport. EPA is not making any changes to the CAIR FIP, but is amending the appropriate appendices in the CAIR FIP trading rules simply to note approval of New Jersey's SIP revision.
Clean Water Act Section 303(d): Final Agency Action on 52 Arkansas Total Maximum Daily Loads (TMDLs)
Document Number: 07-4827
Type: Notice
Date: 2007-10-01
Agency: Environmental Protection Agency
This notice announces the final agency action on 52 TMDLs established by EPA Region 6 for waters listed in the State of Arkansas, under section 303(d) of the Clean Water Act (CWA). These TMDLs were completed in response to the lawsuit styled Sierra Club, et al. v. Clifford, et al., No. LR-C-99-114. Documents from the administrative record files for the final 52 TMDLs, including TMDL calculations may be viewed at www.epa.gov/region6/6wq/npdes/tmdl/index.htm.