Environmental Protection Agency December 22, 2008 – Federal Register Recent Federal Regulation Documents

EPA is proposing amendments to the Toxic Substances Control Act (TSCA) section 5 Premanufacture and Significant New Use Notification regulations to facilitate the introduction and use of electronic reporting. This action is intended to streamline and reduce the administrative costs and burdens of TSCA section 5 notifications for both industry and EPA by establishing standards and requirements for the use of EPA's Central Data Exchange (CDX) to electronically submit premanufacture notices (PMNs) and other TSCA section 5 notices and support documents to the Agency. EPA is also proposing to amend the TSCA section 5 User Fee regulations to add a new User Fee Payment Identity Number field to the PMN form, which would enable the Agency to match more easily a particular user fee with its notice submission. Lastly, EPA is proposing to remove the Agent signature block field on the PMN form, and thus the requirement for designated Agents to sign the form.

EPA is approving a State Implementation Plan (SIP) revision submitted by theCommonwealth of Virginia. This SIP revision fulfills Virginia's reasonably available control technology (RACT) requirements under the Clean Air Act (CAA or the Act) with respect to the 8-hour ozone national ambient air quality standard (NAAQS) in Stafford County. Virginia has fulfilled these requirements by submitting a certification that 1-hour ozone NAAQS RACT controls for sources in the Commonwealth subject to control technology guidelines (CTGs) and for a single major source not subject to any CTG, continue to represent RACT under the 8- hour NAAQS, and submitting a negative declaration demonstrating that no facilities exist in Stafford County that are subject to certain enumerated CTGs that have not been adopted by Virginia.

EPA is finalizing the update of the Outer Continental Shelf (OCS) Air Regulations proposed in the Federal Register on September 4, 2008. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act (``CAA'' or ``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the State of Florida has been designated COA. The effect of approving the OCS requirements for the State of Florida is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below will be incorporated by reference into the Code of Federal Regulations (CFR) and is listed in the appendix to the OCS air regulations. This action is an annual update of the Florida's OCS Air Regulations. These rules include revisions to existing rules that already apply to OCS sources. No comments were received on the September 4, 2008, proposal.

EPA is making an interim final determination to extend the stay of certain requirements in the standards of performance for petroleum refineries.

On June 24, 2008, EPA promulgated amendments to the Standards of Performance for Petroleum Refineries and new standards for process units constructed, reconstructed, or modified after May 14, 2007. EPA received three petitions for reconsideration of the final rule. On September 26, 2008, EPA granted reconsideration and issued a stay for the issues raised in the petitions regarding process heaters and flares. In this action, EPA is addressing those specific issues by proposing amendments to certain provisions for process heaters and flares. EPA is also proposing various technical corrections in this action that were raised in the petitions for reconsideration. EPA will take action on other issues raised by Petitioners in future notices.