Environmental Protection Agency July 3, 2012 – Federal Register Recent Federal Regulation Documents
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Proposed Consent Decree, Clean Air Act Citizen Suit
In accordance with section 113(g) of the Clean Air Act, as amended (``CAA''), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Sierra Club in the United States District Court for the District of Columbia: Sierra Club v. Jackson, No. 1: 12- cv-00012 (CKK). On March 2, 2012, the Plaintiff filed a First Amended Complaint alleging that EPA failed to perform nondiscretionary duties under the Clean Air Act related to the attainment of National Ambient Air Quality Standards (NAAQS) for ozone in the Houston-Galveston- Brazoria area. Specifically, the Plaintiff alleged that EPA failed to take timely action to approve, disapprove, or approve in part and disapprove in part, pursuant to CAA, portions of the State of Texas' State Implementation Plan (SIP) submittals for the 1997 8-hour ozone NAAQS, including an ozone attainment demonstration, contingency provisions, reasonably available control technology requirements, reasonable further progress provisions, and transportation control measures and demonstrations in the Houston-Galveston-Brazoria area. The proposed consent decree establishes deadlines for EPA to take action on the SIP submittals listed in the consent decree. The proposed consent decree also provides that once EPA has completed the actions specified in the decree the case will be dismissed with prejudice.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by West Virginia. This SIP revision provides the basic program elements specified in Clean Air Act (CAA) section 110(a)(2) necessary to implement, maintain, and enforce the 2008 lead national ambient air quality standards (NAAQS).
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards
EPA is proposing to approve a submittal from the State of Delaware pursuant to the Clean Air Act (CAA). This submittal addresses the infrastructure elements of the CAA, necessary to implement, maintain, and enforce the 2008 lead national ambient air quality standards (NAAQS).
Approval and Promulgation of Implementation Plans; Louisiana; Regional Haze State Implementation Plan
The EPA is finalizing a partial limited approval and a partial disapproval of a revision to the Louisiana State Implementation Plan (SIP) submitted by the State of Louisiana through the Louisiana Department of Environmental Quality (LDEQ), on June 13, 2008, that addresses regional haze (RH) for the first implementation period. This revision was submitted to address the requirements of the Clean Air Act (CAA) and the EPA's rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas (national parks and wilderness 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. In a separate action, the EPA has finalized a limited disapproval of the Louisiana RH SIP, along with several other states' regional haze plans, because of deficiencies in the state's regional haze SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) to the EPA of the Clean Air Interstate Rule (CAIR). In this action, the EPA is finalizing a partial disapproval because of deficiencies in Louisiana's RH SIP submittal that go beyond the issues addressed in the EPA's limited disapproval in that separate action. The EPA is also finalizing a partial limited approval of those elements of this SIP revision not addressed by our partial disapproval. The partial limited approval of the RH requirements for Louisiana is based on the conclusion that the revisions, as a whole, strengthen the Louisiana SIP. This action is being taken under section 110 and part C of the CAA.
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