Environmental Protection Agency February 12, 2019 – Federal Register Recent Federal Regulation Documents
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Extension of Public Comment Period for Water Quality Standards; Establishment of a Numeric Criterion for Selenium for the State of California
The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule ``Water Quality Standards; Establishment of a Numeric Criterion for Selenium for the State of California'' for an additional 45 days, from February 11, 2019, to March 28, 2019. The EPA will offer virtual public hearings on the proposed rule via the internet on March 19, 2019, and March 20, 2019. The EPA is taking this action in order to ensure the public comment period remains open to accommodate the public hearings, originally scheduled for January 29, 2019, and January 30, 2019, and rescheduled due to the recent federal government shutdown. This extension is necessary to comply with public notice requirements.
Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2018 Control Periods
The Environmental Protection Agency (EPA) is providing notice of the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule (CSAPR) trading programs. EPA has completed final calculations for the second round of allocations of allowances from the CSAPR new unit set-asides (NUSAs) for the 2018 control periods and has posted spreadsheets containing the calculations on EPA's website. EPA has also completed calculations for allocations of the remaining 2018 NUSA allowances to existing units and has posted spreadsheets containing those calculations on EPA's website as well.
Air Plan Approval; GA; Miscellaneous Revisions
The Environmental Protection Agency (EPA) is proposing to approve changes to the Georgia State Implementation Plan (SIP) submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) of the Department of Natural Resources, on April 11, 2003. EPA is proposing to approve portions of a SIP revision which include changes to Georgia's rules regarding emissions standards and open burning. This action is being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.
Air Plan Approval; Wisconsin; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard
The Environmental Protection Agency (EPA) is proposing to approve, as a State Implementation Plan (SIP) revision, Wisconsin's certification that its SIP satisfies the nonattainment new source review (NNSR) requirements of the Clean Air Act (CAA) for the 2008 ozone National Ambient Air Quality Standard (NAAQS). The State's submittal is in response to EPA's February 3 and December 11, 2017 Findings of Failure to Submit (FFS) final rule, which found that Wisconsin failed to timely submit certain SIP elements to satisfy CAA requirements for implementation of the 2008 ozone NAAQS in nonattainment areas. EPA is proposing to approve this revision in accordance with the requirements of the CAA. Approval of the NNSR requirements would address EPA's finding that Wisconsin failed to submit moderate ozone NNSR requirements and turn off the sanctions and Federal Implementation Plan (FIP) clock.
Notice of Final Decision to Issue Federal Minor New Source Review Permits to Six Sources on the Uintah and Ouray Indian Reservation Owned and Operated by Anadarko Uintah Midstream, LLC
This notice announces that the Environmental Protection Agency (EPA) issued final permit decisions for six Clean Air Act Minor New Source Review (MNSR) Permits in Indian country to Anadarko Uintah Midstream, LLC, (Anadarko) for the Archie Bench Compressor Station, the Bitter Creek Compressor Station, the East Bench Compressor Station, the North Compressor Station, the North East Compressor Station and the Sage Grouse Compressor Station. These permits incorporate emissions control requirements originally established in a 2008 federal consent decree into federally enforceable permits, which is a step toward allowing the consent decree to be terminated. Consistent with the federal consent decree, the permits include enforceable carbon monoxide emissions control efficiency requirements for the 4-stroke lean-burn compressor engines using catalytic emissions control systems and enforceable requirements to install and operate only instrument air- driven or low-bleed pneumatic controllers. The permit for the Bitter Creek Compressor Station also includes enforceable requirements for the installation and operation of low-emission tri-ethylene glycol (TEG) dehydration systems for control of volatile organic compound emissions.
Notice of Issuance of Grand Casino Mille Lacs PSD and Part 71 Permits
This notice announces that the Environmental Protection Agency (EPA) issued Federal operating permits to the Mille Lacs Band Corporate Commission for Grand Casino Mille Lacs. The source is in Onamia, Minnesota on lands held in trust for the Mille Lacs Band of Ojibwe Indians. The permits authorize a change in the testing requirements for oxides of nitrogen (NOX) emissions from three existing diesel-fired internal combustion engines. These engines are used for peak load management as well as for backup power. NOx performance test requirements are increased in frequency from once in five years to once in three years.
Approval and Promulgation of Implementation Plans; California; South Coast Serious Area Plan for the 2006 PM2.5
The Environmental Protection Agency (EPA) is approving portions of a state implementation plan (SIP) revision submitted by California to address Clean Air Act (CAA or ``Act'') requirements for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ``standards'') in the Los Angeles-South Coast air basin (South Coast) Serious PM2.5 nonattainment area. The EPA is also approving 2017 and 2019 motor vehicle emissions budgets for transportation conformity purposes and inter-pollutant trading ratios for use in transportation conformity analyses.
Clean Data Determination; Provo, Utah 2006 Fine Particulate Matter Standards Nonattainment Area
The Environmental Protection Agency (EPA) is proposing to make a clean data determination (CDD) for the 2006 24-hour fine particulate matter (PM2.5) Provo, Utah (UT) nonattainment area (NAA). The proposed determination is based upon quality-assured, quality- controlled, and certified ambient air monitoring data for the period 2015-2017, available in the EPA's Air Quality System (AQS) database, showing the area has monitored attainment of the 2006 24-hour PM2.5 National Ambient Air Quality Standards (NAAQS). Based on our proposed determination that the Provo, UT NAA is currently attaining the 24-hour PM2.5 NAAQS, the EPA is also proposing to determine that the obligation for Utah to make submissions to meet certain Clean Air Act (CAA or the Act) requirements related to attainment of the NAAQS for this area is not applicable for as long as the area continues to attain the NAAQS.
Approval and Promulgation of Air Quality Implementation Plans; Wyoming; Interstate Transport for the 2008 Ozone National Ambient Air Quality Standards
The Environmental Protection Agency (EPA) is proposing action on a submission from the State of Wyoming that is intended to demonstrate that the Wyoming State Implementation Plan (SIP) meets certain interstate transport requirements of the Clean Air Act (Act or CAA) for the 2008 ozone National Ambient Air Quality Standards (NAAQS). This submission addresses interstate transport ``prong 2,'' which requires each state's SIP to prohibit emissions which will interfere with maintenance of the NAAQS in other states. The EPA is proposing to approve this submittal as meeting the requirement that Wyoming's SIP contain adequate provisions to prohibit emissions in amounts which will interfere with maintenance of the 2008 ozone NAAQS in any other state.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Commercial Fuel Oil Sulfur Limits for Combustion Units in Allegheny County
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision updates Allegheny County's portion of the Pennsylvania SIP, which includes regulations concerning sulfur content in fuel oil. This revision will implement low sulfur fuel oil provisions that will reduce the amount of sulfur in fuel oils used in combustion units which will aid in reducing sulfates that cause decreased visibility. This revision will strengthen the Pennsylvania SIP. This action is being taken under the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Revisions to the Regulatory Definition of Volatile Organic Compounds
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision formally submitted by the State of Delaware. This revision pertains to amendments made to the definition of ``volatile organic compound'' (VOC) in the Delaware Administrative Code to conform with EPA's regulatory definition of VOC. The EPA found that certain compounds have a negligible photochemical reactivity and therefore has exempted them from the regulatory definition of VOC in several rulemaking actions, as discussed below. This revision to the Delaware SIP requested the exemption of these compounds from the regulatory definition of VOC to match the actions EPA has taken. The revision also requested minor changes to the format of some of the chemical formulas for VOCs that are already excluded from the definition of VOC in the Delaware SIP. EPA is approving these revisions to update the definition of VOC in the Delaware SIP under the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Removal of Stage II Gasoline Vapor Recovery Program Requirements
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This revision seeks to remove requirements for gasoline vapor recovery systems installed on gasoline dispensers, the purpose of which are to capture emissions from vehicle refueling operations (otherwise known as Stage II vapor recovery). Specifically, this action would remove from the approved SIP prior approved Stage II requirements applicable to new gasoline dispensing facilities (GDFs) and existing GDF's undergoing major modification. GDF's will have the choice whether to install Stage II at new stations or whether to decommission Stage II at existing stations already equipped with Stage II. Owners that elect to retain existing Stage II equipment can do so, but in doing must continue to test and to maintain or replace existing equipment. Maryland's SIP revision includes a demonstration that removal of Stage II requirements is consistent with the Clean Air Act (CAA) and meets all relevant EPA guidance.
Air Plan Approval; North Carolina; Miscellaneous Rules
The Environmental Protection Agency (EPA) is proposing to approve changes to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality (NCDEQ), through letters dated April 4, 2017, August 22, 2017, and September 28, 2018. These SIP revisions make amendments, most of which are structural and minor, to North Carolina's source testing rules. This action is being taken pursuant to the Clean Air Act (CAA or Act).
Air Plan Approval; GA: Non-Interference Demonstration and Maintenance Plan Revision for Federal Low-Reid Vapor Pressure Requirement in the Atlanta Area
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision that would support a change to the Federal Reid Vapor Pressure (RVP) requirements in 13 counties in Atlanta, Georgia. They comprise the following counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale (the ``Atlanta fuel volatility Area''). The Atlanta fuel volatility Area is a subset of the Atlanta 15-county 2008 8-hour ozone maintenance area. The 15-county 2008 8-hour ozone maintenance area is comprised of the following counties: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale (the ``Atlanta maintenance Area''). This proposed approval is based in part on EPA's analysis of whether the SIP revision would interfere with the 15-county Atlanta maintenance Area's ability to meet the requirements of the Clean Air Act (CAA or Act). On August 15, 2018, Georgia through the Georgia Environmental Protection Division (GA EPD), submitted a noninterference demonstration to support its SIP revision requesting that EPA relax the federal RVP requirements for the Atlanta fuel volatility Area. This SIP revision updates Georgia's 2008 8-hour ozone maintenance plan for the 15-county Atlanta maintenance Area and its emissions inventory, the associated motor vehicle emissions budgets (MVEBs) and includes measures to offset the emissions increases expected from the relaxation of the federal RVP requirements. Georgia's noninterference demonstration concludes that relaxing the federal RVP requirement from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline sold between June 1 and September 15 of each year in the Atlanta fuel volatility Area would not interfere with attainment or maintenance of any national ambient air quality standards (NAAQS or standards) or with any other CAA requirement. EPA is proposing to approve this SIP revision because EPA has preliminarily determined that the revision is consistent with the applicable provisions of the CAA.
Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area Requirements; San Joaquin Valley, California
The Environmental Protection Agency (EPA) is taking final action to approve portions of three state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA or ``the Act'') requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS or ``standards'') in the San Joaquin Valley, California ozone nonattainment area. First, the EPA is approving the portions of the ``2016 Ozone Plan for the 2008 8-Hour Ozone Standard'' (``2016 Ozone Plan'') that address the requirements to demonstrate attainment by the applicable attainment date and implementation of reasonably available control measures, among other requirements. Second, the EPA is approving the portions of the ``Revised Proposed 2016 State Strategy for the State Implementation Plan'' (``2016 State Strategy'') related to the ozone control strategy for the San Joaquin Valley for the 2008 ozone standards, including a specific aggregate emissions reduction commitment. Lastly, the EPA is approving an air district rule addressing the emission statement requirement for ozone nonattainment areas.
Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2017
The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2017 is available for public review. EPA requests recommendations for improving the overall quality of the inventory report to be finalized in April 2019, as well as subsequent inventory reports.
Asbestos; TSCA Section 21 Petition; Reasons for Agency Response
This document provides the reasons for EPA's response to a September 27, 2018, petition it received under the Toxic Substances Control Act (TSCA) from the following organizations: Asbestos Disease Awareness Organization, American Public Health Association, Center for Environmental Health, Environmental Working Group, Environmental Health Strategy Center, and Safer Chemicals Healthy Families (``petitioners''). Generally, the petitioners requested that EPA make multiple amendments to the Chemical Data Reporting (CDR) rule under TSCA by January 1, 2019, in order to increase the reporting of asbestos. After careful consideration, EPA denied the petition for the reasons discussed in this document.
National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
The Environmental Protection Agency (EPA) is finalizing certain revisions to the National Pollutant Discharge Elimination System permitting regulations proposed on May 18, 2016. The final regulatory changes are minor and will improve and clarify the regulations in the following major categories: Regulatory definitions (``new discharger'' and two definitions related to the discharge of pesticides from pesticides application); permit applications; and public notice. This final rule also updates the EPA contact information and web addresses for electronic databases, updates outdated references to best management practices guidance documents, and deletes a provision relating to best practicable waste treatment technology for publicly owned treatment works that is no longer applicable. The final revisions modernize the NPDES regulations, promote submission of complete permit applications, and clarify regulatory requirements to allow more timely development of NPDES permits that protect human health and the environment.
National Emission Standards for Hazardous Air Pollutants: Leather Finishing Operations Residual Risk and Technology Review
This action finalizes the residual risk and technology review (RTR) conducted for the Leather Finishing Operations source category regulated under national emission standards for hazardous air pollutants (NESHAP). In addition, we are taking final action addressing startup, shutdown, and malfunction (SSM), electronic reporting, and clarification of rule provisions. These final amendments address emissions during periods of SSM, add electronic reporting, and revise certain rule requirements and provisions. Although these amendments will not reduce emissions of hazardous air pollutants (HAP), they are expected to improve compliance and implementation of the rule.
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