Environmental Protection Agency December 23, 2022 – Federal Register Recent Federal Regulation Documents

In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Center for Biological Diversity, et al. v. Regan, No. 3:22-cv-00052-WHO (N.D. Cal.). On January 5, 2022, Plaintiffs Center for Biological Diversity and Center for Environmental Health filed a complaint in the United States District Court for the Northern District of California. On April 22, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act to timely determine the attainment status of certain areas with respect to the 2008 ozone National Ambient Air Quality Standards (NAAQS). The proposed consent decree would establish deadlines for EPA to sign notices of final rulemaking.

The Environmental Protection Agency (EPA) Administrator signed an Order, dated November 8, 2022, denying the petition submitted by the Center for Biological Diversity, Sierra Club, and the Town of Carrboro, North Carolina (Petitioners), objecting to a proposed Clean Air Act (CAA) title V operating permit issued to the University of North Carolina at Chapel Hill (Permittee) located in Orange County, North Carolina. The Order responds to an October 1, 2021, petition requesting that the EPA object to the final operating permit no. 03069T36. The title V permit was issued by the North Carolina Department of Environmental Quality, Division of Air Quality (DAQ). The Order constitutes a final action on the petition addressed therein.

This action proposes amendments to the implementing regulations that govern the processes and timelines for state and Federal plans that implement emission guidelines under Clean Air Act (CAA) section 111(d). The proposed amendments include revisions to the timing requirements for state plan submittal, the Environmental Protection Agency (EPA)'s action on state plan submissions, the EPA's promulgation of a Federal plan, and for when states must establish increments of progress. These proposed amendments address the vacatur of certain timing requirements by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in American Lung Association. v. EPA. The EPA is also proposing to add regulatory mechanisms to improve flexibility and efficiency in the submission, review, approval, revision, and implementation of state plans. This action further proposes new requirements for meaningful engagement with pertinent stakeholders as part of state plan development, including, but not limited to, industry, small businesses, and communities most affected by and vulnerable to the impacts of the plan. This action additionally proposes clarifying requirements for states' consideration of `remaining useful life and other factors' (RULOF) in applying a standard of performance. This action proposes to amend the definition of standard of performance and provide clarification associated with CAA section 111(d) compliance flexibilities, including trading or averaging. Finally, this action proposes requirements for the electronic submission of state plans and several other clarifications and minor revisions.

The Environmental Protection Agency (EPA) is proposing to conditionally approve portions of a State Implementation Plan (SIP) submission provided by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), via a letter dated January 25, 2021, and supplemented through a letter dated November 18, 2022. This proposal pertains to certain infrastructure requirements of the Clean Air Act (CAA or Act) for the 2015 8-hour ozone national ambient air quality standards (NAAQS or standards). Whenever EPA promulgates a new or revised NAAQS, the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of that NAAQS. The January 25, 2021, SIP submission addresses all infrastructure elements except for those pertaining to the contribution to nonattainment or interference with maintenance of the NAAQS in other states. EPA is proposing to conditionally approve the portions of the submittal related to the prevention of significant deterioration (PSD) infrastructure elements and the air quality modeling element.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (EPD), on October 20, 2021. The SIP revision includes the 1997 8-hour ozone national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the portion of Murray County, Georgia, previously designated nonattainment for the 1997 8-hour ozone NAAQS (hereinafter referred to as the Murray County 1997 8-hour Ozone NAAQS Area or Murray County Area or Area). EPA is proposing to approve the Murray County Area LMP because it provides for the maintenance of the 1997 8-hour ozone NAAQS within the Murray County Area through the end of the second 10-year portion of the maintenance period. The effect of this action would be to make certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in the Murray County Area federally enforceable as part of the Georgia SIP.

With this direct final rule, the Environmental Protection Agency (EPA) is promulgating approval of revisions to the Clean Air Act Operating Permit Program (title V) of the San Diego County Air Pollution Control District (SDCAPCD or District) in California. The EPA is taking this final action in accordance with Federal regulations and the Clean Air Act (CAA or ``Act'').