Environmental Protection Agency June 12, 2012 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Implementation Plans; Mississippi; 110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2012-14267
Type: Proposed Rule
Date: 2012-06-12
Agency: Environmental Protection Agency
EPA is proposing to approve the State Implementation Plan (SIP), submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (DEQ), as meeting certain requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by the EPA, which is commonly referred to as an ``infrastructure'' SIP. Mississippi certified that the Mississippi SIP contains provisions that ensure that the 1997 annual and 2006 24-hour PM2.5 NAAQS are implemented, enforced, and maintained in Mississippi (hereafter referred to as ``infrastructure submission''). EPA is proposing to determine that Mississippi's infrastructure submissions, provided to EPA on December 7, 2007, and on October 6, 2009, addressed all the required infrastructure elements for the 1997 annual and 2006 24-hour PM2.5 NAAQS with the exception of sections 110(a)(2)(E)(ii) and 110(a)(2)(G), both of which will be addressed in a separate action.
Revisions to Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone
Document Number: 2012-14251
Type: Rule
Date: 2012-06-12
Agency: Environmental Protection Agency
EPA is taking final action on revisions to the final Transport Rule (Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, published August 8, 2011). EPA is revising the 2012 and 2014 state budgets for Arkansas, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, New York, Nebraska, Ohio, Oklahoma, South Carolina, and Texas, and revising the new unit set-asides for Arkansas, Louisiana, and Missouri. These revisions are in addition to the revisions to the final Transport Rule published on February 21, 2012.
Approval and Promulgation of Implementation Plans; Florida; 110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards
Document Number: 2012-14244
Type: Proposed Rule
Date: 2012-06-12
Agency: Environmental Protection Agency
EPA is proposing to approve the State Implementation Plans (SIPs), submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP), as demonstrating that the State meets the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by the EPA, which is commonly referred to as an ``infrastructure'' SIP. Florida certified that the Florida SIP contains provisions that ensure the 1997 annual and 2006 24-hour PM2.5 NAAQS are implemented, enforced, and maintained in Florida (hereafter referred to as ``infrastructure submission''). EPA is proposing to determine that Florida's infrastructure submissions, provided to EPA on April 18, 2008, and on September 23, 2009, addressed all the required infrastructure elements for the 1997 annual and 2006 24-hour PM2.5 NAAQS. As discussed further below, final action to approve elements 110(a)(2)(C), (E)(ii), and (J) is contingent upon the Agency first taking final action on submitted SIP revisions associated with these elements. Final action on those SIP revisions will be addressed in a separate action.
Determination of Failure To Attain by 2005 and Determination of Current Attainment of the 1-Hour Ozone National Ambient Air Quality Standards in the Baltimore Nonattainment Area in Maryland
Document Number: 2012-14141
Type: Rule
Date: 2012-06-12
Agency: Environmental Protection Agency
EPA is issuing two separate and independent final determinations related to the Baltimore 1-hour ozone nonattainment area. First, EPA is determining that the Baltimore area previously failed to attain the 1-hour ozone National Ambient Air Quality Standard (NAAQS) by its applicable attainment deadline of November 15, 2005 (based on complete, quality-assured and certified ozone monitoring data for 2003-2005). Second, EPA is also determining that the Baltimore area is currently attaining the now revoked 1-hour ozone NAAQS based on complete, quality-assured and certified ozone monitoring data for 2008- 2010 and continuing for 2009-2011. Thus, quality-assured ozone monitoring data in the Air Quality System (AQS) show that the area has been attaining the revoked 1-hour ozone standard since 2008. EPA's determination that the area has attained the 1-hour ozone standard obviates the need for submission of any contingency measures for failure to attain that revoked standard.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Permit to Construct Exemptions
Document Number: 2012-14107
Type: Proposed Rule
Date: 2012-06-12
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Maryland pertaining to sources which are exempt from preconstruction permitting requirements under Maryland's New Source Review (NSR) program. 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.
National Pollutant Discharge Elimination System-Proposed Regulations To Establish Requirements for Cooling Water Intake Structures at Existing Facilities; Notice of Data Availability Related to EPA's Stated Preference Survey
Document Number: 2012-14104
Type: Proposed Rule
Date: 2012-06-12
Agency: Environmental Protection Agency
On April 20, 2011, EPA published proposed standards for cooling water intake structures at all existing power generating, manufacturing, and industrial facilities as part of implementing section 316(b) of the Clean Water Act (CWA). This notice presents a summary of new information EPA has developed since the rule proposal. The information results from a stated preference survey that EPA conducted after the proposed rule was published. Stated preference surveys are an attempt to determine the economic value of goods or services by means other than by assessing the effects of changes in the market for the goods and services. In this notice EPA solicits comment on the information presented in this notice and on what role, if any, it should play in EPA's assessment of the benefits of regulatory options for the final rule, pending completion of the survey and external peer review.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Permit To Construct Exemptions
Document Number: 2012-14103
Type: Rule
Date: 2012-06-12
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The revisions pertain to sources which are exempt from preconstruction permitting requirements under Maryland's New Source Review (NSR) program. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Illinois; Redesignation of the Illinois Portion of the St. Louis, MO-IL Area to Attainment for the 1997 8-hour Ozone Standard
Document Number: 2012-14102
Type: Rule
Date: 2012-06-12
Agency: Environmental Protection Agency
EPA is approving a request from the State of Illinois to redesignate the Illinois portion of the St. Louis, MO-IL area to attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS or standard). The St. Louis area includes Jersey, Madison, Monroe, and St. Clair Counties in Illinois and St. Louis City and Franklin, Jefferson, St. Charles, and St. Louis Counties in Missouri. The Illinois Environmental Protection Agency (IEPA) submitted this request on May 26, 2010, and supplemented its request on September 16, 2011. EPA proposed to approve this submission on December 22, 2011, and provided a 30-day review and comment period. On January 20, 2012, EPA extended the public comment period for an additional 30 days. The comment period closed on February 22, 2012. EPA received comments submitted on behalf of Sierra Club. In addition to approving the redesignation request EPA is taking several other related actions. EPA is approving, as a revision to the Illinois State Implementation Plan (SIP), the State's plan for maintaining the 1997 8-hour ozone standard through 2025 in the area. EPA is approving the 2002 emissions inventory, submitted by IEPA on June 21, 2006, and supplemented on September 16, 2011, as meeting the comprehensive emissions inventory requirement of the Clean Air Act (CAA) for the Illinois portion of the St. Louis area. Finally, EPA finds adequate and is approving the State's 2008 and 2025 Motor Vehicle Emission Budgets (MVEBs) for the Illinois portion of the St. Louis area.
Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Regional Haze
Document Number: 2012-14101
Type: Rule
Date: 2012-06-12
Agency: Environmental Protection Agency
EPA is approving revisions to the Minnesota State Implementation Plan (SIP) addressing regional haze for the first implementation period, extending through July 31, 2018. Minnesota submitted its regional haze plan on December 30, 2009. A draft supplemental submission was made on January 5, 2012, and in final on May 8, 2012. EPA proposed to approve this plan on January 25, 2012. In response to comments, EPA is deferring action on emission limitations that Minnesota intended to represent best available retrofit technology (BART) for taconite facilities. As proposed, EPA is also deferring action on the requirements for Xcel Energy's Sherburne County (Sherco) facility resulting from its certification as a source of reasonably attributable visibility impairment (RAVI). After reviewing the comments, EPA continues to believe approval is warranted for the remaining regional haze plan elements. This approval is being taken in accordance with the requirements of the Clean Air Act (CAA) and EPA's rules for states to prevent and remedy future and existing anthropogenic impairment of visibility in mandatory Class I areas through a regional haze program.
Notice of Data Availability Concerning Renewable Fuels Produced From Grain Sorghum Under the RFS Program
Document Number: 2012-13651
Type: Proposed Rule
Date: 2012-06-12
Agency: Environmental Protection Agency
This notice of data availability provides an opportunity to comment on EPA's analyses of grain sorghum used as a feedstock to produce ethanol under the Renewable Fuel Standard (RFS) program. EPA's analysis shows that ethanol from grain sorghum has estimated lifecycle greenhouse gas (GHG) emission reductions of 32% compared to the baseline petroleum fuel it would replace. This analysis indicates that grain sorghum ethanol qualifies as a conventional renewable fuel under the RFS program. Furthermore, this analysis shows that, when produced via certain pathways that utilize advanced process technologies (e.g., biogas in addition to combined heat and power), grain sorghum ethanol has lifecycle GHG emission reductions of over 50% compared to the baseline petroleum fuel it would replace, and would qualify as an advanced biofuel under RFS.
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