Environmental Protection Agency October 6, 2009 – Federal Register Recent Federal Regulation Documents

EPA is proposing to determine that the Hickory-Morganton- Lenoir, North Carolina, (hereafter referred to as ``Hickory, North Carolina'') nonattainment area for the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) has attained the 1997 PM2.5 NAAQS. This proposed determination is based upon three years of complete quality assured, quality controlled, and certified ambient air monitoring data showing that this area has monitored attainment of the 1997 PM2.5 NAAQS for the years of 2006-2008. In addition, monitoring data thus far available, but not yet certified, in the EPA Air Quality System (AQS) database for 2009 show that this area continues to meet the 1997 PM2.5 NAAQS. If this proposed determination is made final, the requirement for the State of North Carolina to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the standard for the Hickory, North Carolina, PM2.5 nonattainment area, shall be suspended. This requirement would remain suspended as long as this area continues to meet the 1997 PM2.5 NAAQS.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This request is to renew an emergency ICR that is scheduled to expire on December 31, 2009.

This notice announces that EPA has received a petition from the National Center for Healthy Housing, Alliance for Healthy Homes, Sierra Club, et al., (petitioners) on August 10, 2009, and requests comments on issues raised by the petition. The petition requests, under section 21 of the Toxic Substances Control Act (TSCA) or, in the alternative, under 5 U.S.C. 553(c), EPA to lower the regulatory lead dust standards and modify the regulatory definition of lead-based paint. EPA must either grant or deny a TSCA section 21 petition within 90 days of filing.

On September 15, 1997, EPA adopted new source performance standards (NSPS) and emissions guidelines (EG) for hospital/medical/ infectious waste incinerators (HMIWI). The NSPS and EG were established under Sections 111 and 129 of the Clean Air Act (CAA or Act). In a response to a suit filed by the Sierra Club and the Natural Resources Defense Council (Sierra Club), the U.S. Court of Appeals for the District of Columbia Circuit (the Court) remanded the HMIWI regulations on March 2, 1999, for further explanation of EPA's reasoning in determining the minimum regulatory ``floors'' for new and existing HMIWI. The HMIWI regulations were not vacated and were fully implemented by September 2002. On February 6, 2007, we published our proposed response to the Court's remand. Following recent court decisions and receipt of public comments regarding the proposal, we re- assessed our response to the remand, and on December 1, 2008, we published another proposed response and solicited public comments. This action promulgates our response to the Court's remand and also satisfies the CAA Section 129(a)(5) requirement to conduct a review of the standards every 5 years.