Environmental Protection Agency June 24, 2019 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is approving most elements of a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts for the infrastructure requirements for the 2012 fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS), including the interstate transport requirements. We are making findings of failure to submit for the prevention of significant deterioration (PSD) requirements of infrastructure SIPs for the 2012 PM2.5 NAAQS. For infrastructure SIP requirements for the 1997 and 2006 PM2.5 NAAQS, we are also approving previously unaddressed elements and converting certain previous conditional approvals to full approval. We are also converting to full approvals previous conditional approvals for the 1997 and 2008 ozone, 2008 lead, 2010 sulfur dioxide, and 2010 nitrogen dioxide NAAQS. Finally, EPA is approving five new or amended definitions regarding the NAAQS and Particulate Matter and a state Executive Order regarding consultation by state agencies with local governments. This action is being taken in accordance with the Clean Air Act.

The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act (CAA), two State Implementation Plan (SIP) revision submittals, submitted by Ohio and West Virginia, respectively. Ohio's requested SIP revision was submitted to EPA through the Ohio Environmental Protection Agency (OEPA) on April 1, 2015 with supplemental submissions on October 13, 2015 and March 25, 2019, with expectation of an additional submittal within two to three months. This additional submittal is expected to include final, adopted limits corresponding to the limits in proposed form in the March 25, 2019 submittal. West Virginia's requested SIP revision was submitted to EPA through the West Virginia Department of Environmental Protection (WVDEP) on April 25, 2016 with a supplemental submission from WVDEP on November 27, 2017 and a clarification letter on May 1, 2019. The Ohio and West Virginia submittals include each State's attainment demonstration for the Steubenville Ohio-West Virginia sulfur dioxide (SO2) nonattainment area (hereinafter ``Steubenville Area'' or ``Area''). Each state plan contains an attainment demonstration, enforceable emission limits and control measures and other elements required under the CAA to address the nonattainment area requirements for the Steubenville Area. EPA proposes to conclude that the Ohio and West Virginia attainment plan submittals demonstrate that the provisions in the States' respective plans provide for attainment of the 2010 1-hour primary SO2 national ambient air quality standard (NAAQS) in the entire Steubenville Area and meet the requirements of the CAA. EPA is also proposing to approve into the West Virginia SIP new emissions limits, operational restrictions, and associated compliance requirements for Mountain State Carbon, and proposing to approve into the Ohio SIP the limits on emissions from Mingo Junction Energy Center and JSW Steel as well as the proposed limits for the Cardinal Power Plant.

The Environmental Protection Agency (EPA) is approving revisions to the open burning standards in the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). On June 4, 2018, the Ohio Environmental Protection Agency (Ohio) requested the approval of its revised open burning rules, which include changes pertaining to certain types of open burning, adding requirements for air curtain burners, allowing law enforcement to burn seized drugs, further restricting the materials that may be burned, and updating definitions and references. Ohio is in attainment of the National Ambient Air Quality Standards (NAAQS) for particulate matter.