Environmental Protection Agency September 2, 2010 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve revisions to the Maricopa County portion of the Arizona State Implementation Plan (SIP). These revisions concern particulate matter (PM) emissions from fugitive dust sources such as construction sites and related activities, unpaved roads, unpaved parking lots, and disturbed soils on vacant lots. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

EPA is proposing to establish a No Discharge Zone (NDZ) for sewage discharges from: Large passenger vessels; and oceangoing vessels of 300 gross tons or more (referred to throughout this proposed rule as ``Large oceangoing vessels'') with two days or more sewage holding capacity to California State marine waters pursuant to Section 312(f)(4)(A) of the Clean Water Act (CWA), 33 U.S.C. 1322(f)(4)(A). This action is being taken in response to an April 5, 2006 application from the California State Water Resources Control Board (State) requesting establishment of this NDZ. Under Section 312(f)(4)(A), if EPA determines upon application by a State that the protection and enhancement of the quality of specified waters within such State requires such a prohibition, then EPA shall by regulation completely prohibit the discharge of any sewage (whether treated or not) from a vessel into such waters. California State marine waters would be defined as the territorial sea measured from the baseline, as determined in accordance with the Convention on the Territorial Sea and the Contiguous Zone, and extending seaward a distance of three miles, and would also include all enclosed bays and estuaries subject to tidal influences from the Oregon border to the Mexican border. (Federal Clean Water Act Section 502(8)). State marine waters also extend three miles from State islands, including the Farallones and the Northern and Southern Channel Islands. A map of California State marine waters can be obtained or viewed at the EPA's Web site at https://www.epa.gov/ region9/water/no-discharge/overview.html, or by calling (415) 972-3476. It should be noted that effective March 2009, the National Oceanic and Atmospheric Administration (NOAA) established prohibitions on the discharge of sewage from large vessels in waters within the boundaries of the four National Marine Sanctuaries along the California coast (73 FR 70487).

The EPA is proposing to find that 13 States with EPA-approved State implementation plan (SIP) New Source Review Prevention of Significant Deterioration (PSD) programs are substantially inadequate to meet Clean Air Act (CAA) requirements because they do not appear to apply PSD requirements to GHG-emitting sources. For each of these States, EPA proposes to require the State (through a ``SIP Call'') to revise its SIP as necessary to correct such inadequacies. EPA proposes an expedited schedule for States to submit their corrective SIP revision, in light of the fact that as of January 2, 2011, certain GHG- emitting sources will become subject to the PSD requirements and may not be able to obtain a PSD permit in order to construct or modify. As for the rest of the States with approved SIP PSD programs, EPA solicits comment on whether their PSD programs do or do not apply to GHG- emitting sources. If, on the basis of information EPA receives, EPA concludes that the SIP for such a State does not apply the PSD program to GHG-emitting sources, then EPA will proceed to also issue a finding of substantial inadequacy and a SIP Call for that State.