Environmental Protection Agency December 7, 2009 – 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 consent decree to address a lawsuit filed by WildEarth Guardians in the United States District Court for the Northern District of California: WildEarth Guardians v. Jackson, No. 4:09-CV-02453-CW (N.D. CA). On June 3, 2009, Plaintiff filed a complaint alleging that EPA failed to perform a non-discretionary duty to either approve a State Implementation Plan (``SIP'') or promulgate a Federal Implementation Plan (``FIP'') for California, Colorado, Idaho, New Mexico, North Dakota, Oklahoma, and Oregon to satisfy the requirements of Clean Air Act section 110(a)(2)(D)(i), 42 U.S.C. 7410(a)(2)(D)(i), with regard to the 1997 National Ambient Air Quality Standards (``NAAQS'') for 8-hour ozone and fine particulate matter (``PM2.5''). Under the terms of the proposed consent decree, deadlines are established for EPA to take action.

EPA Region 9 is today issuing certain final modifications of its general NPDES permit (permit No. CAG280000) for discharges from offshore oil and gas exploration, development and production facilities located in Federal waters off the coast of Southern California. Region 9 proposed the permit modifications on April 3, 2009 (74 FR 15267), and the public comment period for the proposal concluded on May 4, 2009. During the public comment period, Region 9 received written comments from four parties concerning the proposed modifications. Region 9 has prepared a separate document (``Response to Public Comments'') that discusses the comments in more detail and Region 9's responses to the comments. The final permit modifications differ only slightly from the proposed modifications. The changes from the proposal are discussed in more detail in the Addendum to Fact Sheet and in the Response to Public Comments. The final modified general permit establishes effluent limitations, prohibitions, and other conditions on discharges from facilities authorized by this general permit. These conditions are based on the administrative record.

In this notice, EPA is notifying the public that we have made insignificance findings through the transportation conformity adequacy process for directly emitted fine particulate matter (PM2.5) and oxides of nitrogen (NOX) in Washington County, Ohio (part of the Parkersburg/Marietta annual PM2.5 nonattainment area) and the Ohio portion of the Huntington/Ashland annual PM2.5 nonattainment area. Ohio submitted the attainment demonstration State Implementation Plan (SIP) for annual PM2.5 initially on July 16, 2008, and subsequently submitted the public hearing results on December 5, 2008. As a result of our finding, Washington County, Ohio and the Ohio portion of the Huntington/Ashland area are no longer required to perform a regional emissions analysis for either directly emitted PM2.5 or NOX as part of future PM2.5 conformity determinations for the 1997 annual PM2.5 air quality standard.

This notice announces applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and the Stratospheric Ozone Protection Program.

EPA is taking final action to approve a request submitted on July 24, 2009, from the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Air Quality (DAQ), to redesignate the Great Smoky Mountains National Park (GSMNP) 1997 8-hour ozone nonattainment area (herein referred to as the ``GSMNP Area'') to attainment for the 1997 8-hour ozone national ambient air quality standards (NAAQS). The GSMNP Area for the 1997 8-hour ozone standard is comprised of portions of Haywood and Swain Counties in North Carolina. EPA's approval of the redesignation request is based on the determination that the GSMNP Area has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the GSMNP Area has attained the 8-hour ozone standard. Additionally, EPA is approving a revision to the North Carolina State Implementation Plan (SIP) including the 8-hour ozone maintenance plan for the GSMNP Area that contains the new 2011 and 2020 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and an insignificance finding for volatile organic compounds (VOC) contribution from motor vehicles to the 8-hour ozone pollution in the GSMNP Area. Through this action, EPA is also finding the NOX MVEBs and the VOC insignificance finding adequate for the purposes of transportation conformity. This action also approves the emissions inventory submitted with the maintenance plan (under the CAA section 172(c)(3)). On March 12, 2008, EPA issued a revised ozone standard. EPA later announced on September 16, 2009, that it may reconsider this revised ozone standard. The current action, however, is being taken to address requirements under the 1997 8-hour ozone NAAQS. Requirements for the GSMNP Area under the 2008 standard will be addressed in the future.

The Environmental Protection Agency (EPA) publishes the semiannual regulatory agenda online (the e-agenda) at www.reginfo.gov to update the public about: