Environmental Protection Agency March 22, 2011 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; SmartWay Transport Partnership (New Collection)
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Designation of Four New Equivalent Methods
Notice is hereby given that the Environmental Protection Agency (EPA) has designated, in accordance with 40 CFR Part 53, four new equivalent methods: One each for measuring concentrations of PM2.5 and lead (Pb) and two for measuring concentrations of PM10 in the ambient air.
Outer Continental Shelf Air Regulations; Consistency Update for California
EPA is proposing to update a portion of the Outer Continental Shelf (``OCS'') Air Regulations. 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, as amended in 1990 (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District (``Santa Barbara APCD'' or ``District'') is the designated COA. The intended effect of approving the OCS requirements for the Santa Barbara APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The changes to the existing requirements discussed below are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations.
Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Alabama, Georgia, and Tennessee: Chattanooga; Determination of Attaining Data for the 1997 Annual Fine Particulate Standards
EPA is proposing to determine that the Chattanooga, Tennessee- Georgia, fine particulate (PM2.5) nonattainment area (hereafter referred to as ``the Chattanooga Area'' or ``Area'') has attained the 1997 annual average PM2.5 National Ambient Air Quality Standards (NAAQS). The Chattanooga Area is comprised of Hamilton County in Tennessee, Catoosa and Walker Counties in Georgia, and a portion of Jackson County in Alabama. This proposed determination of attainment is based upon complete, quality-assured and certified ambient air monitoring data for the 2007-2009 period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS. If EPA finalizes this proposed determination of attainment, the requirements for the Area 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 Plan (SIP) revisions related to attainment of the standard shall be suspended so long as the Area continues to attain the annual PM2.5 NAAQS.
Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Georgia: Macon; Determination of Attaining Data for the 1997 Annual Fine Particulate Standards
EPA is proposing to determine that the Macon, Georgia, fine particulate matter (PM2.5) nonattainment area (hereafter referred to as ``the Macon Area'' or ``the Area'') has attained the 1997 annual average PM2.5 National Ambient Air Quality Standards (NAAQS). The Macon Area is comprised of Bibb County in its entirety and a portion of Monroe County. This proposed determination of attainment is based upon complete, quality-assured and certified ambient air monitoring data for the 2007-2009 period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS. If EPA finalizes this proposed determination of attainment, the requirements for the Area 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 Plan (SIP) revisions related to attainment of the standard shall be suspended so long as the Area continues to attain the annual PM2.5 NAAQS.
Cross-Media Electronic Reporting Regulation Authorized Program Revision/Modification Approvals: State of Colorado
This notice announces EPA's approval, under regulations for Cross-Media Electronic Reporting, of the State of Colorado's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.
Denial of Petitions for Reconsideration of Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program
On May 24, 2010, the Clean Air Task Force (CATF), the National Wildlife Federation, the World Wildlife Fund and the Friends of the Earth petitioned the Administrator to reconsider an EPA rule, published on March 26, 2010 (75 FR 14670), which amended the Renewable Fuel Standard Program pursuant to Clean Air Act section 211(o). The petitioners alleged that EPA failed to properly require producers of renewable fuels to verify domestic crops and crop residues used to produce the renewable fuels complied with the applicable land use restrictions. Additionally, the CATF alleged that EPA did not properly account for the ``global rebound effect'' in the final analysis of the lifecycle greenhouse gas (GHG) emission impacts of renewable fuel production and use. On February 17, 2011, the Administrator denied the petitions for reconsideration and the accompanying requests for stays in implementing the regulations. This Notice announces the availability of EPA's decision.
Approval and Promulgation of Implementation Plans; Nebraska: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule Revision
EPA is taking final action to approve revisions to the State Implementation Plan (SIP) for Nebraska, submitted by the Nebraska Department of Environmental Quality (NDEQ) to EPA for final processing on January 14, 2011. These revisions cover two broad categories under Nebraska's prevention of significant deterioration (PSD) preconstruction permitting program. The first applies to revisions relating to permitting of greenhouse gas (GHG) emissions under the PSD program. The second applies to revisions incorporating relevant aspects of EPA's 2002 new source review (NSR) reform rules, submitted by letter dated November 19, 2010. The GHG SIP revision, which incorporates updates to NDEQ's air quality regulations, includes two significant changes impacting the regulation of GHGs under Nebraska's PSD program. First, the SIP revision provides the State of Nebraska with authority to issue PSD permits governing GHGs. Second, the SIP revision establishes emission thresholds for determining which new stationary sources and modification projects become subject to Nebraska's PSD permitting requirements for their GHG emissions. The first provision is required under the GHG PSD SIP call, which EPA published on December 13, 2010, and which required the State of Nebraska to apply its PSD program to GHG-emitting sources. The second provision is consistent with the thresholds EPA established in the Tailoring Rule, published on June 3, 2010. EPA is approving this SIP revision because this SIP revision meets the requirements of the GHG PSD SIP Call. In addition, in today's action, EPA is also taking final action to approve Nebraska's adoption of portions of EPA's 2002 NSR Reform rules, published December 31, 2002. EPA has determined that Nebraska's revisions track the Federal NSR Reform Rules. EPA previously determined that the implementation of the Federal NSR Reform Rules will be environmentally beneficial.
Approval and Promulgation of Implementation Plans; Oklahoma; Regional Haze State Implementation Plan; Federal Implementation Plan for Interstate Transport of Pollution Affecting Visibility and Best Available Retrofit Technology Determinations
EPA is proposing to partially approve and partially disapprove a revision to the Oklahoma State Implementation Plan (SIP) submitted by the State of Oklahoma through the Oklahoma Department of Environmental Quality (ODEQ) on February 19, 2010 that addresses regional haze for the first implementation period. This revision was submitted to address the requirements of the Clean Air Act (CAA or Act) and our rules that require states to prevent any future and remedy any existing man-made impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ``regional haze program''). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing to approve a portion of this SIP revision as meeting certain requirements of the regional haze program and to partially approve and partially disapprove those portions addressing the requirements for best available retrofit technology (BART) and the long-term strategy (LTS). EPA is proposing a Federal Implementation Plan (FIP) to implement sulfur dioxide (SO2) emission limits on six sources to address these issues. EPA also is proposing to disapprove the State's submitted alternative to BART; EPA is taking no action on the submitted reasonable progress goals at this time. In addition, EPA is proposing to partially approve and partially disapprove a portion of a revision to the Oklahoma SIP submitted by the State of Oklahoma on May 10, 2007 and supplemented on December 10, 2007. We are taking action on that portion of the submittals addressing the requirements of CAA as it applies to visibility for the 1997 8-hour ozone and 1997 particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). This portion of the submittals addresses the requirement that Oklahoma's SIP contain adequate provisions to prohibit emissions from interfering with measures required in another state to protect visibility. In this action, we propose a FIP to address the deficiencies in this portion of Oklahoma's SIP submittals. The proposed FIP will prevent emissions from six Oklahoma sources from interfering with other states' measures to protect visibility and to implement sulfur dioxide emission limits on these six sources to prevent such interference.
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