Environmental Protection Agency September 25, 2019 – Federal Register Recent Federal Regulation Documents

Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the July 31, 2019 direct final rule approving updates and revisions to the Wisconsin Title V Operating Permit Program. The revisions were submitted to update the title V program for the first time since the final approval of the program in 2001 and to change the permit fee schedule for subject facilities. The revisions consist of amendments to Chapter Natural Resources (NR) 407 Wisconsin Administrative Code, operation permits, Chapter NR 410 Wisconsin Administrative Code, permit fees, and Wisconsin statute 285.69, fee structure.

Pursuant to the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision. On June 20, 2019, the Indiana Department of Environmental Management (IDEM) submitted the State's plan for maintaining the 1997 ozone National Ambient Air Quality Standards (NAAQS or standard) in the following areas: Indianapolis, La Porte County, and South Bend-Elkhart areas in Indiana; and the Indiana portions of the Chicago-Gary-Lake County, IL-IN (Chicago), Cincinnati- Hamilton, OH-KY- IN (Cincinnati), and Louisville, KY-IN (Louisville) multi-state areas. EPA is proposing to approve these maintenance plans because they provide for the maintenance of the 1997 ozone NAAQS through the end of the second 10-year maintenance period. This action, when finalized would make certain commitments related to maintenance of the 1997 ozone NAAQS in these areas federally enforceable as part of the Indiana SIP.

The Environmental Protection Agency (EPA) is proposing to approve the Connecticut regional haze progress report submitted as a State Implementation Plan (SIP) revision on June 30, 2015. This revision addresses the provisions of the Clean Air Act and its implementing regulations that require states to submit periodic reports describing progress on reasonable progress goals established for regional haze and a determination of adequacy of the state's existing regional haze SIP. Connecticut's progress report notes that Connecticut has made substantial progress toward meeting the emissions reduction expected for the first regional planning period. The report also notes that visibility in the federal Class I areas that may be affected by emissions from Connecticut is improving. In addition, the nearby federal Class I areas have already met the applicable reasonable progress goals for 2018. The EPA is proposing approval of Connecticut's determination that the state's existing regional haze SIP requires no further substantive revision at this time in order to achieve the goals for visibility improvement and emission reductions.

The Environmental Protection Agency (EPA, or the Agency) intends to evaluate whether the Waste Isolation Pilot Plant (WIPP) continues to comply with the Agency's environmental radiation protection standards for the disposal of radioactive waste. Pursuant to the 1992 WIPP Land Withdrawal Act (LWA), as amended, the U.S. Department of Energy (DOE, or the Department) must submit documentation of continued compliance with the EPA's standards for disposal and other statutory requirements every five years after the initial receipt of transuranic waste at WIPP. The Agency requests public comment on all aspects of the DOE's application.

This proposal presents the results of the U.S. Environmental Protection Agency's (EPA's) residual risk and technology reviews (RTRs) for the National Emission Standards for the Hazardous Air Pollutants (NESHAP) for Taconite Iron Ore Processing, as required under the Clean Air Act (CAA). Based on the results of the risk review, the EPA is proposing that risks from emissions of air toxics from this source category are acceptable and that the existing standards provide an ample margin of safety. Furthermore, under the technology review, the EPA identified no cost-effective developments in controls, practices, or processes to achieve further emissions reductions. Therefore, the EPA is proposing no revisions to the existing standards based on the RTRs. However, in this action the EPA is proposing: The removal of exemptions for periods of startup, shutdown, and malfunction (SSM) and clarifying that the emissions standards apply at all times; the addition of electronic reporting of performance test results and compliance reports; minor technical corrections and amendments to monitoring and testing requirements that would reduce the compliance burden on industry while continuing to be protective of the environment; and that regulation of a certain type compound emitted by one of the facilities, known as elongated mineral particulate, is not required under CAA section 112 because this compound is not a hazardous air pollutant (HAP) pursuant to the CAA. This action, if finalized, would result in improved monitoring, compliance, and implementation of the existing standards.