Environmental Protection Agency May 9, 2013 – Federal Register Recent Federal Regulation Documents
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Technical Guidance for Assessing Environmental Justice in Regulatory Analysis
The Environmental Protection Agency (EPA) has issued for public comment a document entitled, ``Technical Guidance for Assessing Environmental Justice in Regulatory Analysis.'' The purpose of this guidance is to provide EPA analysts with technical information on how to consider environmental justice in regulatory analyses. This guidance takes into account EPA's past experience in integrating EJ into the rulemaking process, and underscores EPA's ongoing commitment to ensuring the fair treatment and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. A Science Advisory Board (SAB) review of this document will be announced in May 2013. Information on the SAB review can be found here: https://yosemite.epa.gov/sab/sabproduct.nsf/ 02ad90b136fc21ef85256eba00436459/ 0f7d1a0d7d15001b8525783000673ac3!OpenDocument&TableRow=2.0#2. In addition, the EPA will host two webinars on the draft guidance.
Clean Water Act: Availability of List Decisions
This notice announces the availability of EPA's action identifying water quality limited segments and associated pollutants in Louisiana to be listed pursuant to Clean Water Act Section 303(d), and request for public comment. Section 303(d) requires that States submit and EPA approve or disapprove lists of waters 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. On May 01, 2013, EPA partially approved and proposed to partially disapprove Louisiana's 2012 Section 303(d) submittal. Specifically, EPA approved Louisiana's listing of 323 waterbody pollutant combinations, and associated priority rankings. EPA proposed to disapprove Louisiana's decisions not to list three waterbodies. These three waterbodies were added by EPA because the applicable numeric water quality standards marine criterion for dissolved oxygen was not attained in these segments. EPA is providing the public the opportunity to review its proposed decisions to add the three waters to Louisiana's 2012 Section 303(d) List. EPA will consider public comments and if necessary amend its proposed action on the additional waterbodies identified for inclusion on Louisiana's Final 2012 Section 303(d) List.
Notification of a Public Teleconference of the Clean Air Scientific Advisory Committee (CASAC); Oxides of Nitrogen Primary NAAQS Review Panel
The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee (CASAC) Oxides of Nitrogen (NOX) Primary National Ambient Air Quality Standards (NAAQS) Review Panel to provide consultative advice on EPA's Draft Plan for Development of the Integrated Science Assessment (ISA) for NOXHealth Criteria.
Significant New Use Rules on Certain Chemical Substances
EPA is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 15 chemical substances which were the subject of premanufacture notices (PMNs). This action requires persons who intend to manufacture, import, or process any of these 15 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland and Virginia; Attainment Demonstration for the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Washington, DC-MD-VA Moderate Nonattainment Area; Reopening of Comment Period
EPA is reopening the comment period for a notice published on March 20, 2013. In the March 20, 2013 notice of proposed rulemaking, EPA proposed to approve the attainment demonstration portion of the attainment plan for the Washington DC-MD-VA (Washington area) ozone nonattainment area submitted by the District of Columbia, the State of Maryland and the Commonwealth of Virginia as revisions to each of their State Implementation Plans (SIPs). At the request of the Maryland Department of the Environment (MDE), EPA is reopening the comment period. Comments submitted between the close of the original comment period and the re- opening of this comment period will be accepted and considered.
EPA Activities To Promote Environmental Justice in the Permit Application Process
As part of its ongoing efforts under Plan EJ 2014 to integrate environmental justice into all of its programs, the Environmental Protection Agency (EPA) is publishing Actions that EPA Regional Offices Are Taking to Promote Meaningful Engagement in the Permitting Process by Overburdened Communities and Promising Practices for Permit Applicants Seeking EPA-Issued Permits: Ways to Engage Neighboring Communities. This notice responds to comments on the proposals issued for public comment in June 2012. These documents reflect suggestions and input received by EPA from numerous stakeholders. This notice describes actions that EPA regional offices are taking when issuing EPA permits to promote greater participation in the permitting process by communities that have historically been underrepresented in that process. This notice also describes promising practices for permit applicants that are designed to encourage and assist permit applicants to reach out to neighboring communities when applying for permits that may affect communities' quality of life, including their health and environment.
Approval and Promulgation of Implementation Plans; North Carolina; Control Techniques Guidelines and Reasonably Available Control Technology
EPA is approving several State Implementation Plan (SIP) revisions submitted to EPA by the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NC DENR), to address the nitrogen oxides (NOX) reasonably available control technology (RACT) requirements for the North Carolina portion of the Charlotte-Gastonia-Rock Hill, North CarolinaSouth Carolina 1997 8-hour ozone nonattainment area (hereafter referred to as the ``bi-state Charlotte Area''). The bi-state Charlotte Area for the 1997 8-hour ozone national ambient air quality standards (NAAQS) includes six full counties and one partial county in North Carolina; and one partial county in South Carolina. Additionally, EPA is approving in part, and conditionally approving in part, several SIP revisions to address the volatile organic compounds (VOC) RACT requirements which include related control technology guidelines (CTG) requirements. Together, these SIP revisions establish the RACT requirements for sources located in the North Carolina portion of the bi-state Charlotte Area. In a separate rulemaking, EPA has already taken action on RACT and CTG requirements for the South Carolina portion of the bi-state Charlotte Area. EPA has evaluated the revisions to North Carolina's SIP, and has made the determination that they are consistent, with the exception of applicability for some CTG VOC sources, with statutory and regulatory requirements and EPA guidance. With respect to the applicability provisions for the CTG VOC sources noted above, EPA is finalizing a conditional approval of these provisions.
Approval and Promulgation of Air Quality Implementation Plans; Alaska: Mendenhall Valley Nonattainment Area PM10 Limited Maintenance Plan and Redesignation Request
The EPA is taking direct final action to approve the Limited Maintenance Plan (LMP) for particulate matter with an aerodynamic diameter less than or equal to 10 micrometers (PM10) submitted by the State of Alaska on May 8, 2009, for the Mendenhall Valley nonattainment area (Mendenhall Valley NAA), and to concurrently redesignate the area to attainment for the National Ambient Air Quality Standard (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10).
Approval and Promulgation of Air Quality Implementation Plans; Alaska: Mendenhall Valley PM10 Nonattainment Area Limited Maintenance Plan and Redesignation Request
The EPA is proposing to approve the Limited Maintenance Plan (LMP) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) submitted by the State of Alaska on May 8, 2009 for the Mendenhall Valley nonattainment area (Mendenhall Valley NAA), and the State's request to redesignate the area to attainment for the National Ambient Air Quality Standards (NAAQS).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Prevention of Significant Deterioration
EPA is disapproving a narrow portion of a State Implementation Plan (SIP) revision submitted by the State of West Virginia on August 31, 2011. EPA is taking this final action because the submittal does not satisfy the Federal requirement for inclusion of condensable emissions of particulate matter (condensables) within the definition of ``regulated new source review (NSR) pollutant'' for fine particulate matter (PM2.5) and particulate matter emissions less than or equal to ten micrometers in diameter (PM10). In addition, because West Virginia's August 31, 2011 SIP revision does not adequately account for condensable emissions within the definition of ``regulated NSR pollutant,'' EPA is also disapproving specific Prevention of Significant Deterioration (PSD) portions of related infrastructure SIP submissions required by the Clean Air Act (CAA) to implement, maintain, and enforce the 1997 fine particulate matter (PM2.5) and ozone National Ambient Air Quality Standards (NAAQS), the 2006 PM2.5 NAAQS, and the 2008 lead and ozone NAAQS. This action is being taken under the CAA.
Approval and Promulgation of Implementation Plans; Utah; Revisions to Utah Rule R307-107; General Requirements; Breakdowns
EPA is proposing to approve changes to Utah's rule R307-107, which pertains to source emissions during breakdowns. On April 18, 2011, EPA finalized a rulemaking which found that the Utah State Implementation Plan (SIP) was substantially inadequate to attain or maintain the national ambient air quality standards (NAAQS) or to otherwise comply with the requirements of the Clean Air Act (CAA) because it included rule R307- 107. Concurrent with this finding, EPA issued a SIP call that required the State to revise its SIP by either removing R307-107 or correcting its deficiencies, and to submit the revised SIP to EPA by November 18, 2012. On August 16, 2012, the State submitted to EPA revisions to R307- 107. EPA is proposing that these revisions correct the rule's deficiencies and, therefore, satisfy EPA's April 18, 2011 SIP call. If EPA finalizes its proposed approval, all sanctions clocks and the clock for EPA to promulgate a federal implementation plan (FIP) will end.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Ozone Attainment Demonstrations
EPA is proposing to approve the ozone attainment demonstrations (including the reasonably available control measures (RACM) analyses) submitted by Connecticut as a State Implementation Plan (SIP) revision on February 1, 2008 to meet Clean Air Act requirements for attaining the 1997 8-hour ozone national ambient air quality standard. EPA is proposing to approve Connecticut's demonstrations of attainment of the 1997 8-hour ozone standard for Connecticut's portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 1997 moderate ozone nonattainment area and for the Greater Connecticut moderate ozone nonattainment area. EPA is also proposing to approve the RACM analyses for these same areas.
Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Approval of Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the Parish of Pointe Coupee
EPA is proposing to approve a revision to the Louisiana State Implementation Plan (SIP) concerning a maintenance plan addressing the 1997 8-hour ozone standard for the parish of Pointe Coupee. On February 28, 2007, the State of Louisiana submitted a SIP revision containing a maintenance plan for the 1997 ozone standard for Pointe Coupee Parish. This plan ensures the continued attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) through the year 2014. On March 12, 2008, EPA issued a revised ozone standard. Today's action, however, is being taken to address requirements under the 1997 ozone standard. Requirements for this area under the 2008 standard will be addressed in future actions. This maintenance plan meets statutory and regulatory requirements, and is consistent with EPA's guidance.
Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Approval of Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the Parish of Pointe Coupee
EPA is granting direct final approval of a revision to the Louisiana State Implementation Plan (SIP) concerning a maintenance plan addressing the 1997 8-hour ozone standard for the parish of Pointe Coupee. On February 28, 2007, the State of Louisiana submitted a SIP revision containing a maintenance plan for the 1997 ozone standard for Pointe Coupee Parish. This plan ensures the continued attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) through the year 2014. On March 12, 2008, EPA issued a revised ozone standard. Today's action, however, is being taken to address requirements under the 1997 ozone standard. Requirements for this area under the 2008 standard will be addressed in future actions. This maintenance plan meets statutory and regulatory requirements, and is consistent with EPA's guidance.
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