Environmental Protection Agency January 31, 2011 – Federal Register Recent Federal Regulation Documents

EPA is proposing to determine that the Columbia Falls and the Libby nonattainment areas in Montana attained the National Ambient Air Quality Standard for particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) as of December 31, 1994.

The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to its passenger vehicle greenhouse gas (GHG) emissions program. These amendments were formally adopted by CARB's Board in September 2009 and February 2010. By letter dated June 28, 2010, CARB submitted a request seeking EPA's confirmation that these amendments are within-the-scope of the waiver of preemption issued by EPA under section 209(b) of the Clean Air Act on June 30, 2009. This notice announces that EPA has tentatively scheduled a public hearing and is accepting written comment on California's request.

The Environmental Protection Agency (``EPA'') is soliciting stakeholder input on whether to include a vapor intrusion component to the Hazard Ranking System (``HRS''). The HRS is the principal mechanism EPA uses to place sites on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) National Priorities List (NPL). This potential addition would allow the HRS to directly consider the human exposure to contaminants that enter building structures through the subsurface environment and thus, enabling sites with vapor intrusion contamination to be evaluated for placement on the NPL. EPA is accepting public feedback on specific topics related to the potential HRS revision (see SUPPLEMENTARY INFORMATION section of this Notice), and will consider information gathered during this comment period, as well as input from three public listening sessions before making a decision on whether to issue a proposed rulemaking to add a vapor intrusion component to the HRS. The Agency is requesting comments only regarding this potential addition to the HRS. The Agency is not considering changes to the remainder of the HRS.

EPA is amending its regulations to remove language which narrowed its previous approval of Mississippi's New Source Review (NSR) Prevention of Significant Deterioration (PSD) program regarding emission thresholds for determining which new stationary sources and modification projects become subject to Mississippi's PSD permitting requirements for their greenhouse gas (GHG) emissions. On December 9, 2010, the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), provided a revision to its State Implementation Plan (SIP) to establish appropriate thresholds for determining which new stationary sources and modification projects become subject to permitting requirements for GHG emissions in Mississippi. EPA has taken final action to approve Mississippi's December 9, 2010, SIP revision, and this makes EPA's narrowing of its previous approval of Mississippi's PSD program as it relates to GHG permitting thresholds unnecessary. Today's action removes the regulatory language related to the narrowing action that is no longer applicable to Mississippi as a result of EPA's approval of Mississippi's December 9, 2010, SIP revision. Because this action is ministerial, EPA is applying the ``good cause'' exemption from public notice and comment requirements under the Administrative Procedure Act (APA).

EPA is taking direct final action to approve revisions to the Santa Barbara Air Pollution Control District (SBAPCD), Antelope Valley Air Quality Management District (AVAQMD), Ventura County Air Pollution Control District (VCAPCD) and Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from gasoline bulk plants, terminals and vehicle dispensing facilities. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

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 ICR is scheduled to expire on June 30, 2011. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.