Environmental Protection Agency April 8, 2013 – Federal Register Recent Federal Regulation Documents

EPA is issuing a supplement to its proposed approval of the State of Indiana's request to redesignate the Indianapolis area to attainment for the 1997 annual National Ambient Air Quality Standards (NAAQS or standard) for fine particulate matter (PM2.5). This supplemental proposal revises and expands the basis for proposing approval of the state's request, in light of developments since EPA issued its initial proposal on September 27, 2011. This supplemental proposal addresses four issues, including the effects of two decisions of the United States Court of Appeals for the District of Columbia (D.C. Circuit or Court): the Court's August 21, 2012 decision to vacate and remand to EPA the Cross- State Air Pollution Control Rule (CSAPR) and the Court's January 4, 2013 decision to remand to EPA two final rules implementing the 1997 PM2.5 standard. In this supplemental proposal, EPA is also proposing to approve a supplement to the emission inventories previously submitted by the state. EPA is proposing that the inventories for ammonia and Volatile Organic Compounds (VOC), in conjunction with the inventories for nitrogen oxides (NOX), direct PM2.5, and sulfur dioxide (SO2) that EPA previously proposed to approve, meet the comprehensive emissions inventory requirement of the Clean Air Act (CAA). Finally, this supplemental proposal solicits comment on the state's January 17, 2013 submission of Motor Vehicle Emissions Budgets (MVEBs) developed using EPA's Motor Vehicle Emissions Simulator (MOVES) 2010a emissions model to replace the MOBILE6.2 based MVEBs previously submitted as part of the PM2.5 maintenance plan for the Indianapolis area. EPA is seeking comment only on the issues raised in its supplemental proposal, and is not re-opening for comment other issues raised in its prior proposal.

The Clean Water Act requires that States periodically submit, and EPA approve or disapprove, lists of waters (called ``Section 303(d) lists'') for which existing technology-based pollution controls are not stringent enough to attain or maintain State water quality standards and for which total maximum daily loads (TMDLs) must be prepared. Waters identified on Section 303(d) lists are called ``water quality limited segments.'' This notice announces EPA's proposal to include in West Virginia's Section 303(d) list certain water quality limited segments and requests public comment. On March 25, 2012 EPA partially approved West Virginia's 2012 Section 303(d) list of water quality limited segments and associated pollutants and partially disapproved West Virginia's submission to the extent that West Virginia did not identify certain water quality limited segments. EPA proposes to identify these additional water quality limited segments for inclusion on the State's 2012 section 303(d) list. The proposed water quality limited segments are identified in Enclosure 3 of the decision document available at the Web site link provided below. EPA is providing the public the opportunity to review its decision to add these water quality limited segments to West Virginia's 2012 Section 303(d) list. EPA will consider public comments before transmitting its final listing decision to the State.

EPA is proposing to approve, as a revision to the California state implementation plan, the State's request to redesignate the Los Angeles-South Coast Air Basin nonattainment area to attainment, which is currently designated serious nonattainment for the 1987 national ambient air quality standards for particulate matter of ten microns or less. EPA is also proposing to approve the PM10 maintenance plan and the associated motor vehicle emissions budgets for use in transportation conformity determinations necessary for the South Coast area. Finally, EPA is proposing to approve the attainment year emissions inventory. EPA is proposing these actions because the SIP revision meets the requirements of the Clean Air Act and EPA guidance for such plans and motor vehicle emissions budgets.