Environmental Protection Agency November 7, 2011 – Federal Register Recent Federal Regulation Documents

Final Response to Petition From New Jersey Regarding SO2
Document Number: 2011-28816
Type: Rule
Date: 2011-11-07
Agency: Environmental Protection Agency
The EPA is making a finding that the coal-fired Portland Generating Station (Portland), owned and operated by GenOn REMA LLC (GenOn), in Upper Mount Bethel Township, Northampton County, Pennsylvania, is emitting air pollutants in violation of the interstate transport provisions of the Clean Air Act (CAA or Act). Specifically, the EPA finds that emissions of sulfur dioxide (SO2) from Portland significantly contribute to nonattainment and interfere with maintenance of the 1-hour SO2 national ambient air quality standard (NAAQS) in New Jersey. This finding is made in response to a petition submitted by the State of New Jersey Department of Environmental Protection (NJDEP) on September 17, 2010. In this action, the EPA is establishing emission limitations and compliance schedules to ensure that Portland will eliminate its significant contribution to nonattainment and interference with maintenance of the 1-hour SO2 NAAQS in New Jersey. Compliance with these limits will permit the continued operation of Portland beyond the 3-month limit established by the CAA for sources subject to a contribution finding.
Effluent Limits Under the NPDES General Permit for Oil and Gas Exploration, Development and Production Facilities Located in State and Federal Waters in Cook Inlet, AK
Document Number: 2011-28785
Type: Notice
Date: 2011-11-07
Agency: Environmental Protection Agency
EPA Region 10 today issues a final action for six effluent limits for produced water under the National Pollutant Discharge Elimination System (NPDES) General Permit for Oil and Gas Exploration, Development and Production Facilities in State and Federal Waters in Cook Inlet, Permit No. AKG-31-5000 (Permit). The effluent limits subject to the final action are: mercury, copper, total aromatic hydrocarbons (TAH), total aqueous hydrocarbons (TAqH), silver, and whole effluent toxicity (WET), pursuant to the provisions of the Clean Water Act (CWA or ``the Act''), 33 U.S.C. 1251. The Permit continues to allow facilities to apply for permit coverage for exploration, development, and production facilities in Cook Inlet, Alaska that are included in the Coastal and Offshore Subcategories of the Oil and Gas Extraction Point Source Category. State Certification: Section 401 of the Act, 33 U.S.C. 1341, requires EPA to seek a certification from the State that the conditions of the Permit are stringent enough to comply with State water quality standards. EPA obtained a final CWA Section 401 Certification from the Alaska Department of Environmental Conservation (ADEC) on o.
Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides
Document Number: 2011-28770
Type: Notice
Date: 2011-11-07
Agency: Environmental Protection Agency
This notice announces the NPDES general permit for point source discharges from the application of pesticides to waters of the United States, also referred to as the Pesticide General Permit (PGP). A draft PGP was published on June 4, 2010 for public comment. 75 FR 31775. All ten EPA Regions today are issuing the final NPDES PGP, which will be available in those areas where EPA is the NPDES permitting authority. This action is in response to the Sixth Circuit Court's ruling that vacated an EPA regulation that excluded discharges of biological pesticides and chemical pesticides that leave a residue from the application of pesticides to, or over, including near waters of the United States from the need to obtain an NPDES permit if the application was done in accordance with other laws. EPA requested and was granted a stay of the Court's mandate to provide time to draft and implement the permit noticed today. The stay of the mandate expires on October 31, 2011; after which, NPDES permits will be required for such point source discharges to waters of the United States.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Adoption of the Liberty-Clairton Nonattainment Area 1997 Fine Particulate Matter National Ambient Air Quality Standard Attainment Demonstration
Document Number: 2011-28765
Type: Proposed Rule
Date: 2011-11-07
Agency: Environmental Protection Agency
EPA is proposing to approve, with one condition, State Implementation Plan (SIP) revisions submitted by the Pennsylvania Department of Environmental Protection (PADEP) on June 17, 2011. These revisions include the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) attainment plan for the Liberty-Clairton nonattainment area (Liberty-Clairton Area) including a request for EPA to make a determination that the appropriate attainment deadline for this nonattainment area is April 5, 2015. EPA is proposing to approve the attainment plan for the Liberty-Clairton Area that includes the emissions inventories, the reasonably available control measures/reasonably available control technology (RACM/RACT), reasonable further progress (RFP), and contingency measures portions of the attainment demonstration, and the transportation conformity motor vehicle emissions budgets (MVEBs) that demonstrate attainment of the 1997 PM2.5 NAAQS. EPA is proposing to conditionally approve the air quality modeling submitted to demonstrate attainment of the 1997 PM2.5 NAAQS. In order for EPA to fully approve the modeling analysis, PADEP must update the modeling to ensure that the modeling results in the demonstration continue to be valid, considering the reductions from the Cross State Air Pollution Rule (CSAPR) rule that will replace the Clean Air Interstate Rule (CAIR) in 2012, and must submit the revised modeling to EPA within one year after the final conditional approval. EPA is also proposing to determine that the attainment date for the Liberty-Clairton Area is April 5, 2015. These revisions also add the definition of PM2.5, the 1997 annual PM2.5 NAAQS of 15 micrograms per cubic meter ([micro]g/m\3\), the 2006 24-hour NAAQS of 35 [micro]g/m\3\ and the related references to the list of criteria pollutant standards in the Allegheny County Department of Health (ACHD) regulations. EPA is proposing to approve the addition of the definition of PM2.5 and inclusion of the 1997 annual and 2006 24-hour PM2.5 NAAQS into the ACHD regulations. These actions are being taken under the Clean Air Act (CAA).
Agency Information Collection Activities OMB Responses
Document Number: 2011-28764
Type: Notice
Date: 2011-11-07
Agency: Environmental Protection Agency
This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting and Recordkeeping Requirements for Importation of Nonroad Engines and Recreational Vehicles (Renewal)
Document Number: 2011-28762
Type: Notice
Date: 2011-11-07
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (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 to renew an existing approved collection. This ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to Nitrogen Oxides Budget Trading Program
Document Number: 2011-28640
Type: Rule
Date: 2011-11-07
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the Virginia State Implementation Plan (SIP). The revision pertains to regulatory language in its nitrogen oxides (NOX) Budget Trading Program that inadvertently ended its NOX budget at the end of the 2008 ozone season. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to Nitrogen Oxides Budget Trading Program
Document Number: 2011-28639
Type: Proposed Rule
Date: 2011-11-07
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia that revises regulatory language that inadvertently ended its nitrogen oxides (NOX) budget at the end of the 2008 ozone season. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.
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