Environmental Protection Agency April 17, 2023 – Federal Register Recent Federal Regulation Documents
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Air Plan Disapproval; West Virginia; Revision to the West Virginia State Implementation Plan To Add the Startup, Shutdown, Maintenance Rule 45CSR1-Alternative Emission Limitations During Startup, Shutdown, and Maintenance Operations
The Environmental Protection Agency (EPA) is disapproving a state implementation plan (SIP) revision submitted by the State of West Virginia on June 13, 2017. The revision pertains to a new rule setting forth the requirements to establish, at the discretion of the Secretary of the West Virginia Department of Environmental Protection, an alternative emission limitation (AEL) for a source that requests an AEL. This SIP revision was submitted subsequent to a finding of substantial inadequacy and SIP call published on June 12, 2015, for provisions in the West Virginia SIP related to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is disapproving this revision to the West Virginia SIP because it does not comply with the requirements of the Clean Air Act (CAA). EPA will also be issuing a finding of failure to submit (FFS) in a separate action, published elsewhere in this issue of the Federal Register, to address West Virginia's failure to correct the deficiencies identified in the June 12, 2015, SIP call.
West Virginia; Finding of Failure To Submit State Implementation Plan Revision in Response to the 2015 Findings of Substantial Inadequacy and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction
The Environmental Protection Agency (EPA) is taking final action to find that the West Virginia Department of Environmental Protection (WVDEP) failed to timely submit a state implementation plan (SIP) revision required by the Clean Air Act (CAA) to address the deficiencies identified in EPA's 2015 findings of substantial inadequacy and ``SIP calls'' for provisions applying to excess emissions during periods of startup, shutdown, and malfunction (SSM). EPA is issuing this finding of failure to submit (FFS) without prior public notice and opportunity for comment. This action triggers certain CAA deadlines for EPA to impose sanctions if a state does not submit a complete SIP revision addressing the outstanding requirements and to promulgate a Federal Implementation Plan (FIP) if EPA does not approve the state's submission as a SIP revision. In a separate but related action, published elsewhere in this issue of the Federal Register, EPA is also issuing a final disapproval of a SIP revision submitted by West Virginia which allowed sources who could not meet emission limits during startup and shutdown events to apply for alternative emission limits (AELs) (see Docket ID No. EPA-R03-OAR-2022-0956).
Public Hearing for Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3
The Environmental Protection Agency (EPA) is announcing a two- day virtual public hearing to be held May 2 and May 3, 2023, on its proposal titled ``Greenhouse Gas Emissions Standards for Heavy-Duty VehiclesPhase 3,'' which was signed by Administrator Regan on April 11, 2023. An additional session may be held on May 4, 2023, if necessary to accommodate the number of testifiers that sign up to testify. In its proposal, EPA is proposing to promulgate new Greenhouse Gas (GHG) standards for heavy-duty highway vehicles starting in model year (MY) 2028 through MY 2032 and to revise certain GHG standards for MY 2027 that were established previously under EPA's Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and VehiclesPhase 2 rule. Finally, as part of this action, EPA is proposing to revise its regulations addressing preemption of state regulation of locomotives.
Public Environmental Financial Advisory Board Virtual Meeting
The United States Environmental Protection Agency (EPA) announces a public meeting of the Environmental Financial Advisory Board (EFAB). The meeting will be conducted in a virtual format via webcast. The purpose of the meeting will be for the EFAB to receive updates on the Greenhouse Gas Reduction Fund. Written public comments may be provided in advance. No oral public comments will be accepted during the meeting. Please see the SUPPLEMENTARY INFORMATION section for further details.
Proposed Settlement Agreement, Clean Air Act Citizen Suit
In accordance with the Clean Air Act, as amended (CAA), notice is given of a proposed settlement agreement in Center for Biological Diversity v. Environmental Protection Agency, Case No. 22-1164 (D.C. Cir.). On July 20, 2022, the Center for Biological Diversity (CBD) filed a petition for review in the United States District Court for the District of Columbia alleging that the Environmental Protection Agency (EPA or the Agency) failed to comply with the consultation requirements of the Endangered Species Act (ESA), the CAA, and the Administrative Procedures Act (APA) in promulgating the Renewable Fuel Standard (RFS) Program: RFS Annual Rules, (July 1, 2022) (``2020-2022 RFS Annual Rule''). With the proposed settlement agreement, EPA would commit to complete its ESA consultation for the subsequent RFS rule proposed on December 30, 2022, the Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes, (December 30, 2022) (``2023-2025 RFS Set Rule''), and CBD would agree to dismiss its challenge to the 2020- 2022 RFS Annual Rule.
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