Environmental Protection Agency May 23, 2013 – 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'' or the ``Act''), 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 Northern District of California: Sierra Club v. Perciasepe, No. 3:12-cv-4078-JST (N.D. CA). On August 2, 2012, Plaintiff filed a complaint alleging that EPA failed to take action on certain state implementation plan (``SIP'') submissions from the State of Nevada by the statutory deadline established by CAA section 110(k)(2). EPA has since taken final action on most of these SIP submissions, and the proposed consent decree establishes a deadline for EPA to take action on the one remaining SIP submission.
Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 and 2006 PM2.5
EPA is proposing to approve the State Implementation Plan (SIP) submissions from the State of Colorado to demonstrate that the SIP meets the infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for particulate matter less than or equal to 2.5 micrometers ([mu]m) in diameter (PM2.5) on July 18, 1997 and on October 17, 2006. The CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIP to ensure that they meet the requirements of the ``infrastructure elements'' necessary to implement the new or revised NAAQS. Colorado submitted certifications of its infrastructure SIP for the 1997 and the 2006 PM2.5 NAAQS on April 4, 2008 and on June 4, 2010, respectively. Colorado also submitted revisions to Regulation 3 of the Air Quality Control Commission permitting requirements for the Prevention of Significant Deterioration (PSD) program on May 11, 2012 and May 13, 2013 that incorporate the required elements of the 2008 PM2.5 Implementation Rule and the 2010 PM2.5 Increment Rule. EPA proposes to approve portions of these two SIP revisions that bring Colorado's PSD regulations up to date for regulated pollutants. EPA does not propose to act on the portions of the submission for the 2006 PM2.5 NAAQS that are intended to meet requirements related to interstate transport of air pollution. EPA will act on the remainder of the submissions in a separate action.
Revisions to the California State Implementation Plan, South Coast Air Quality Management District
EPA is finalizing approval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on February 4, 2013 and concerns volatile organic compound (VOC) emissions from municipal solid waste landfills and dairies. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).
Approval and Promulgation of Air Quality Implementation Plans; Illinois; Air Quality Standards Revision
EPA is proposing to approve a revision to the Illinois State Implementation Plan (SIP) to reflect current national ambient air quality standards (NAAQS) for ozone, lead, and particulate matter. EPA is proposing to approve a revision to add new incorporations by reference associated with current ozone, lead, and particulate matter NAAQS into the Illinois SIP. EPA is also proposing to approve revisions that amend typographical errors in the Illinois SIP.
Approval and Promulgation of Air Quality Implementation Plans; Illinois; Air Quality Standards Revision
EPA is approving a revision to the Illinois state implementation plan (SIP) to reflect current National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM). EPA is approving a revision to add new incorporations by reference associated with current ozone, lead, and particulate matter NAAQS into the Illinois SIP. EPA is also approving revisions that amend typographical errors in the Illinois SIP.
Kraft Pulp Mills NSPS Review
The EPA is proposing revisions to the new source performance standards for kraft pulp mills. These revised standards include particulate matter emission limits for recovery furnaces, smelt dissolving tanks and lime kilns, which apply to emission units commencing construction, reconstruction or modification after May 23, 2013 that are different than those required under the existing standards for kraft pulp mills. The exemptions to opacity standards do not apply to the proposed standards for kraft pulp mills. The proposed rule also removes the exemption for periods of startup and shutdown resulting in a standard that applies at all times. The proposed rule includes additional testing requirements and updated monitoring, recordkeeping and reporting requirements for affected sources. These differences are expected to ensure that control systems are properly maintained over time, ensure continuous compliance with standards and improve data accessibility for the EPA, states, tribal governments and communities.
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