Environmental Protection Agency July 31, 2012 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve revisions to the West Virginia State Implementation Plan (SIP), submitted by the West Virginia Department of Environmental Protection (WVDEP) on August 31, 2011. These revisions pertaining to West Virginia's Prevention of Significant Deterioration (PSD) program incorporate preconstruction permitting regulations for fine particulate matter (PM2.5) and Greenhouse Gases (GHGs) into the West Virginia SIP. In addition, EPA is proposing to approve these revisions and portions of other related submissions for the purpose of determining that West Virginia has met its statutory obligations with respect to the infrastructure requirements of the Clean Air Act (CAA) which relate to West Virginia's PSD permitting program and are necessary to implement, maintain, and enforce the 1997 PM2.5 and ozone National Ambient Air Quality Standards (NAAQS), the 2006 PM2.5 NAAQS, and the 2008 lead and ozone NAAQS. EPA is proposing to approve these revisions in accordance with the requirements of the CAA.

EPA is proposing to approve, through parallel processing, a draft revision to the Mississippi State Implementation Plan (SIP), submitted by the Mississippi Department of Environmental Quality (MDEQ), on July 13, 2012. The draft revisions pertain to Clean Air Act (CAA) section 110(a)(2)(G) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). Specifically, EPA is proposing to approve Mississippi's December 7, 2007, October 6, 2009, and July 13, 2012, submissions addressing section 110(a)(2)(G), of the CAA for both the 1997 and 2006 PM2.5 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 EPA, which is commonly referred to as an ``infrastructure'' SIP. MDEQ certified that the Mississippi SIP contains provisions that ensure the 1997 and 2006 PM2.5 NAAQS are implemented, enforced, and maintained in Mississippi (hereafter referred to as ``infrastructure submission''). The subject of this notice is limited to infrastructure element 110(a)(2)(G). All other applicable Mississippi infrastructure elements are being addressed in a separate rulemaking.

The U.S. Environmental Protection Agency (EPA) and the Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture are announcing the availability of the Microbial Risk Assessment Guideline: Pathogenic Microorganisms with Focus on Food and Water (MRA Guideline). The MRA Guideline will improve transparency in the way that the two federal agencies conduct microbial risk assessment and also promote consistency in approaches and methods. The MRA Guideline can be applied to similar scenarios involving microbial contamination, and it will serve a resource for federal government risk assessors, their agents, contractors, and for other members of the risk assessment community. When appropriate, the EPA intends to use the guidance prospectively when conducting risk assessments.

EPA is approving a request from the Wisconsin Department of Natural Resources (WDNR) to redesignate the Milwaukee-Racine area to attainment for the 1997 8-hour National Ambient Air Quality Standard (NAAQS or standard). The Milwaukee-Racine area includes Milwaukee, Ozaukee, Racine, Washington, Waukesha, and Kenosha Counties. WDNR submitted this request on September 11, 2009, and supplemented the submittal on November 16, 2011. These submittals also requested the redesignation of the Sheboygan area (Sheboygan County) to attainment for the 1997 8-hour ozone NAAQS. EPA proposed to approve the redesignation of both areas on February 9, 2012, and provided a 30-day review and comment period. EPA received comments submitted on behalf of Sierra Club and Midwest Environmental Defense Center and from the Wisconsin Manufacturers and Commerce. EPA is not taking final action on the Sheboygan redesignation request at this time because preliminary 2012 ozone monitoring data indicate that the area has violated the 1997 standard. In addition to approving the redesignation of the Milwaukee- Racine area, EPA is taking several other related actions. EPA is approving, as a revision to the Wisconsin State Implementation Plan (SIP), the State's plan for maintaining the 1997 8-hour ozone standard through 2022 in the Milwaukee-Racine area. EPA is approving the 2005 emissions inventories for the Milwaukee-Racine and Sheboygan areas as meeting the comprehensive emissions inventory requirement of the Clean Air Act (CAA or Act). Finally, EPA finds adequate and is approving the State's 2015 and 2022 Motor Vehicle Emission Budgets (MVEBs) for the Milwaukee-Racine area.