Monday July 18, 2011
Final Rules
- National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries. 40 CFR Parts 9 and 63 [EPA–HQ–OAR–2003–0146; FRL–9439–2]. Final rule. On October 28, 2009, the EPA proposed to withdraw the residual risk
and technology review portions of the final rule amending the National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries. EPA is now providing final notice of the partial withdrawal. DATES: As of August 17, 2011, EPA withdraws portions of the final rule signed by then Administrator Stephen
Johnson on January 16, 2009. - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List. 40 CFR Part 300 [EPA–HQ–SFUND–1983–0002; FRL–9440–4]. Final rule. On May 24, 2011, EPA published a Notice of Intent for Partial Deletion (76 FR 30081) and a direct final rule of Partial Deletion (76 FR 30027) for the remaining portions of Operable Unit 9 (OU9), the Residential Populated Areas, of the California Gulch Superfund Site (Site), located in Lake County, Colorado, from the National Priorities List. The EPA is withdrawing the Final Rule of Partial Deletion due to adverse comments that were received during the public comment period. After consideration of the comments received, if appropriate, EPA will publish a Notice of Partial Deletion in the Federal Register based on the
parallel Notice of Intent for Partial Deletion and place a copy of the final partial deletion package, including a Responsiveness Summary, if prepared, in the Site repositories. DATES: Effective Date: This withdrawal of the direct final action is effective as of July 18, 2011. - Data Availability Concerning Transport Rule Allowance Allocations to Existing Units. 40 CFR Part 97 [FRL–9435–6]. Final rule. In the Transport Rule Federal
Implementation Plans (FIPs), EPA finalized allowance allocations for 2012 and thereafter to existing units subject to the Transport Rule FIP trading programs in Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina,
Tennessee, Texas, Virginia, West Virginia, and Wisconsin. As required in the Transport Rule, this NODA notifies the public of the availability of data on these allowance allocations for existing units. Through this NODA, EPA is also making available to the public the data upon which the allocations were based.
Proposed Rule
- Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State Implementation Plan (SIP); General Definitions; Definition of Modification of Existing Facility. 40 CFR Part 52 [EPA–R06–OAR–2005–TX–0025; FRL–9439– 7]. Proposed rule. EPA is proposing to approve revisions to the applicable State Implementation Plan (SIP) for the State
of Texas that relate to severable portions of the definition of ‘‘modification of existing facility’’ in the general definitions for the Texas NSR Program. EPA proposes to find that these changes to the Texas SIP comply with the Federal Clean Air Act (the Act or CAA) and EPA regulations, and are consistent with EPA policies. EPA is also proposing to withdraw an action proposed on September 23, 2009, regarding two provisions that have been superseded by later submitted revisions. EPA is taking this action under section 110 of the Act. DATES: Comments must be received on or before August 17, 2011.
Notices
- Availability of the Incident Waste Management Planning and Response Tool. [FRL–9440–5]. Notice. EPA has responsibilities for decontamination and waste disposal activities following a biological incident. The Incident Waste Management Planning and Response Tool ‘‘IWMPRT’’ was developed partly to satisfy requirements assigned under Homeland Security Presidential Directive 10 (HSPD–10), Biodefense in the 21st Century HSPD–10. In addition, HSPD–9 requires that, ‘‘the Administrator of the Environmental Protection Agency, shall enhance recovery systems that are able to stabilize agriculture production, the
food supply, and the economy, rapidly remove and effectively dispose of contaminated agriculture and food products or infected plants and animals,
and decontaminate premises.’’ EPA is announcing the availability of an upcoming meeting where the public will be invited to attend and comment on the IWMPRT. The tool is available at: http://www2.ergweb.com/bdrtool/login.asp. In addition, a symposium paper describing updates to the IWMPRT is mentioned and made
available through this notice. Time and Dates: August 17 and 18, 2011 from 9 a.m. to 4 p.m. Place: The meeting will be held at the Marriott Courtyard Arlington Crystal City, 2899 Jefferson Davis Highway, Arlington, VA. Status: Parts of this meeting will be open to the public on August 17th from 9a.m. to 4 p.m. An open discussion period for public comment will be held from 3 p.m. to 3:30. The rest of the meeting is closed to the public. Seating is limited. The deadline to register is
August 12, 2011. If you are interested in attending the public session on August
17, 2011, please register on-line at http://iwmprt.eventbrite.com/. - Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption— Class I Hazardous Waste Injection; ConocoPhillips Company, Borger, TX. [FRL–9440–3]. Notice. Notice is hereby given that an exemption to the land disposal Restrictions, under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, has been granted to ConocoPhillips Company for one Class I injection well located at Borger, Texas. The company has adequately demonstrated to the satisfaction of the Environmental Protection Agency by the petition and supporting documentation that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for
as long as the waste remains hazardous. This final decision allows the underground injection by ConocoPhillips, of the specific restricted hazardous wastes identified in this exemption, into Class I hazardous waste injection well No. WDW–325 at the Borger Texas facility, until December 31, 2017, unless EPA moves to terminate this exemption. Additional conditions included in this final
decision may be reviewed by contacting the Region 6 Ground Water/UIC Section.
A public notice was issued May 19, 2011. The public comment period closed on July 5, 2011. No comments were received. This decision constitutes final Agency action and there is no Administrative appeal. This decision may be reviewed/appealed in compliance with the Administrative Procedure Act.
DATES: This action is effective as of July 8, 2011.
Tuesday July 19, 2011
Final Rules
- Approval and Promulgation of Air Quality Implementation Plans; Delaware; Regional Haze State Implementation Plan. 40 CFR Part 52 [EPA–R03–OAR–2011–0289; FRL–9440–1]. Final rule. EPA is approving the Delaware Regional Haze Plan, a revision to the Delaware State Implementation Plan (SIP) addressing Clean Air Act (CAA) requirements and EPA’s rules for states to prevent and remedy future and existing anthropogenic impairment of visibility in mandatory Class I areas through a regional haze program. EPA is also approving this revision since it meets the requirements of 110(a)(2)(D)(i)(II) and 110(a)(2)(J), relating to visibility protection for the 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) and the 1997 and 2006 fine particulate matter (PM2.5) NAAQS. DATES: Effective Date: This final rule is effective on August 18, 2011.
- Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Section 110(a)(2) Infrastructure Requirements for 1997 8-Hour Ozone and Fine Particulate Matter National Ambient Air Quality Standards. 40 CFR Part 52
[EPA–R06–OAR–2008–0635; FRL–9437–8]. Final rule. EPA is approving submittals from the state of Louisiana pursuant to the Clean Air Act (CAA or Act) that address the infrastructure elements specified in the CAA section 110(a)(2),
necessary to implement, maintain, and enforce the 1997 8-hour ozone and 1997
fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or standards). We are determining that the current Louisiana State Implementation Plan (SIP) meets the following infrastructure elements which
were subject to EPA’s completeness findings pursuant to CAA section 110(k)(1) for the 1997 8-hour ozone NAAQS dated March 27, 2008, and the 1997 PM2.5 NAAQS dated October 22, 2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is also approving SIP revisions that modify Louisiana’s Prevention of Significant Deterioration (PSD) SIP for the 1997 8-hour ozone NAAQS to include nitrogen oxides (NOX) as an ozone precursor. This action is being taken under section 110 and part C of the Act. DATES: This rule is effective on August 18, 2011. - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Control of Nitrogen Oxides Emissions from Portland Cement Kilns. 40 CFR Part 52 [EPA–R03–OAR–2011–0287; FRL–9439–8]. Final rule. EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The SIP revisions pertain to the control of nitrogen oxides (NOX)
emissions from Portland cement kilns. EPA is approving these revisions to reduce emissions from Portland cement kilns in accordance with the requirements of the Clean Air Act (CAA). DATES: Effective Date: This final rule is effective on August 18, 2011. - Approval and Promulgation of Air Quality Implementation Plans; Vermont; Reasonably Available Control Technology (RACT) for the 1997 8-Hour Ozone Standard. 40 CFR Part 52 [EPA–R01–OAR–2008–0905; A–1–FRL– 9439–5]. Final rule. EPA is approving State Implementation Plan (SIP) revisions submitted by the State of Vermont (VT) on November 22, 2006, and November
14, 2008. These SIP revisions consist of a demonstration that VT meets the
requirements of reasonably available control technology (RACT) for oxides of
nitrogen (NOX) and volatile organic compounds (VOCs) set forth by the Clean Air Act (CAA) with respect to the 1997 8-hour ozone standard; minor revisions to Vermont’s bulk gasoline plants regulation; and new requirements for wood furniture manufacturing operations. Additionally, EPA is approving VT’s negative declarations for several categories of VOC sources. EPA is fully approving all of the submitted items, with two exceptions. EPA is conditionally approving the RACT determinations for two major VOC sources (Churchill Coatings Corporation and H.B.H. Prestain, Inc.). This action is being taken in accordance with the CAA. DATES: This direct final rule will be effective September 19, 2011, unless EPA receives adverse comments by August 18, 2011. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
Proposed rules
- Approval and Promulgation of Air Quality Implementation Plans; Vermont; Reasonably Available Control Technology (RACT) for the 1997 8-Hour Ozone Standard. 40 CFR Part 52 [EPA–R01–OAR–2008–0905 ; A–1–FRL– 9439–6]. Proposed rule. EPA is proposing to approve State Implementation Plan (SIP)
revisions submitted by the State of Vermont (VT) on November 22, 2006, and November 14, 2008. These SIP revisions consist of a demonstration that VT meets the requirements of reasonably available control technology (RACT) for oxides of nitrogen (NOX) and volatile organic compounds (VOCs) set forth by the Clean Air Act (CAA) with respect to the 1997 8-hour ozone standard; minor revisions to Vermont’s bulk gasoline plants regulation; and new requirements for wood furniture manufacturing operations. Additionally, EPA is proposing to approve VT’s negative declarations for several categories of VOC sources. EPA is
proposing full approval all of the submitted items, with two exceptions. EPA is proposing a conditional approval of the RACT determinations for two major VOC sources (Churchill Coatings Corporation and H.B.H Prestain). This action is being taken in accordance with the CAA. DATES: Written comments must be
received on or before August 18, 2011. - National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production; Extension of Comment Period. 40 CFR Part 63
[EPA–HQ–OAR–2002–0037; FRL–9440–8]. Proposed rule. The EPA is announcing that the period for providing public comments on the May 20, 2011,
Proposed National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production is being extended for 14 days.
DATES: Comments. The public comment period for the proposed rule published
May 20, 2011 (76 FR 29528) is being extended for 14 days to August 2, 2011, in order to provide the public additional time to submit comments and supporting information.
Notices
- Agency Information Collection Activities; Proposed Collection; Comment Request; Requirements and Exemptions for Specific RCRA Wastes. [EPA–HQ–RCRA–2011–0543, FRL–9441–7]. Notice. In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This
ICR covers collection of information concerning Universal Wastes, Mixed Waste, and Used Oil. This ICR is scheduled to expire on December 31, 2011. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
DATES: Comments must be submitted on or before September 19, 2011. - Amendment of Inspector General Operations & Reporting System Audit, Assignment, and Timesheet Files (EPA–42). [EPA–HQ–OEI–2011–0359; FRL–9441–4]. Notice. Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Office of Inspector General (OIG) is giving notice that it proposes to amend an existing system of records by changing the name of the system from the Inspector General Operations & Reporting (IGOR) System Audit, Assignment, and Timesheet Files (EPA– 42) to the Inspector General Enterprise Management System (IGEMS) Audit, Assignment, and Timesheet Modules. DATES: Effective Dates: Persons wishing to comment on this system of records notice must do so by August 29, 2011.
- Amendment of OIG Hotline Allegation System (EPA–30). [EPA–HQ–OEI–2011–0349; FRL–9441–3]. Notice. Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Office of Inspector General (OIG) is
giving notice that it proposes to amend an existing system of records by changing the name of the system from the Office of Inspector General (OIG) Hotline Allegation System (EPA–30) to the Inspector General Enterprise Management System (IGEMS) Hotline Module. DATES: Effective Dates: Persons wishing
to comment on this system of records notice must do so by August 29, 2011.
Wednesday July 20, 2011
Final Rules
- Approval and Promulgation of Air Quality Implementation Plan; Alabama; Disapproval of Interstate Transport Submission for the 2006 24-Hour PM2.5 Standards. 40 CFR Part 52 [EPA–R04–OAR–2010–1013–201128; FRL– 9438–1]. Final rule. EPA is taking final action to disapprove the portion of Alabama’s September 23, 2009, submission which was intended to meet the requirement to address interstate transport for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Additionally, EPA is responding to comments received on EPA’s January 26, 2011, proposed
disapproval of the aforementioned portion of Alabama’s September 23, 2009, submission. On September 23, 2009, the State of Alabama, through the Alabama Department of Environmental Management (ADEM), provided a letter to EPA certifying that the Alabama state implementation plan (SIP) meets the interstate transport requirements with regard to the 2006 24-hour PM2.5 NAAQS. Specifically, the interstate transport requirements under the Clean Air Act (CAA or Act) prohibit a state’s emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other state. The effect of today’s action will be the promulgation of a Federal Implementation Plan (FIP) for Alabama no later than two years from the date of disapproval. The proposed Transport Rule, when final, is the FIP that EPA intends to implement for Alabama. DATES: Effective Date: This rule will be
effective August 19, 2011. - Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revisions. 40 CFR Part 52 [EPA–R06–OAR–2011–0031; FRL–9440–7]. Final rule. EPA is approving a State Implementation Plan (SIP) revision submitted by the New Mexico Environment Department (NMED) to EPA on December 1, 2010. This SIP revision modifies New Mexico’s Prevention of Significant Deterioration
(PSD) program to establish appropriate emission thresholds for determining which new stationary sources and modification projects become subject to New Mexico’s PSD permitting requirements for their greenhouse gas (GHG) emissions. EPA is fully approving New Mexico’s December 1, 2010, PSD SIP revision because the Agency has determined that this PSD SIP revision is in accordance with section 110 and part C of the Federal Clean Air Act and EPA regulations regarding PSD permitting for GHGs. DATES: This final rule will be effective August 19, 2011. - Approval and Promulgation of Air Quality Implementation Plan; Georgia; Disapproval of Interstate Transport Submission for the 2006 24-Hour PM2.5 Standards. 40 CFR Part 52 [EPA–R04–OAR–2010–1012–201130; FRL– 9438–2]. Final rule. EPA is taking final action to disapprove the portion of Georgia’s October 21, 2009, submission which was intended to meet the requirement to address interstate transport for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Additionally, EPA is responding to comments received on EPA’s January 26, 2011, proposed
disapproval of the aforementioned portion of Georgia’s October 21, 2009, submission. On October 21, 2009, the State of Georgia, through the Georgia
Environmental Protection Division (GA EPD), provided a letter to EPA certifying
that the Georgia state implementation plan (SIP) meets the interstate transport
requirements with regard to the 2006 24-hour PM2.5 NAAQS. Specifically, the
interstate transport requirements under the Clean Air Act (CAA or Act) prohibit
a state’s emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other state. The effect of
today’s action will be the promulgation of a Federal Implementation Plan (FIP)
for Georgia no later than two years from the date of disapproval. The proposed
Transport Rule, when final, is the FIP that EPA intends to implement for
Georgia. DATES: Effective Date: This rule will be effective August 19, 2011. - Approval and Promulgation of Air Quality Implementation Plan; Kansas; Final Disapproval of Interstate Transport State Implementation Plan Revision for the 2006 24-hour PM2.5 NAAQS. 40 CFR Part 52 [EPA–R07–OAR–2011–0279; FRL–9436–1]. Final rule. Pursuant to our authority under the Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is taking final action to
disapprove the portion of the ‘‘Infrastructure’’ State Implementation Plan (SIP) submittal from the State of Kansas intended to address the CAA section relating to the ‘‘interstate transport’’ requirements for the 2006 24- hour fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS) that prohibit a state from significantly contributing to nonattainment or interfering with maintenance of the NAAQS in any other state. This final action to disapprove the ‘‘interstate transport’’ portion of the Kansas SIP submittal, received by EPA on April 12, 2010, only relates to those provisions and does not address the other portions of Kansas’ April 12, 2010, submission. The rationale for this action and additional detail on this disapproval was described in EPA’s proposed rulemaking published in the Federal Register on the March 18, 2011. The effect of this action will be the promulgation of a Federal Implementation Plan (FIP) for Kansas no later than two years from the date of disapproval. The proposed Transport Rule, when final, is the FIP that EPA intends to implement for Kansas. DATES: Effective Date: This rule is effective on August 19, 2011. - Approval and Promulgation of Air Quality Implementation Plan; Kentucky; Disapproval of Interstate Transport Submission for the 2006 24-hour PM2.5 Standards. 40 CFR Part 52 [EPA–R04–OAR–2010–1014–201127; FRL–
9437–9]. Final rule. EPA is taking final action to disapprove the portion of Kentucky’s September 8, 2009, submission which was intended to meet the requirement to address interstate transport for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Additionally, EPA is responding to comments received on EPA’s January 26, 2011, proposed
disapproval of the aforementioned portion of Kentucky’s September 8, 2009, submission. On September 8, 2009, the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), provided a letter to EPA with certification that Kentucky’s state implementation plan (SIP) meets the interstate transport requirements with regard to the 2006 24-hour PM2.5 NAAQS. Specifically, the interstate transport requirements under the Clean Air Act (CAA or Act) prohibit a state’s emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other state. The effect of today’s action will be the promulgation of a Federal Implementation Plan (FIP) for Kentucky no later than two years from the date of disapproval. The proposed Transport Rule, when final, is the FIP that EPA intends to implement for Kentucky. DATES: Effective Date: This rule will be
effective August 19, 2011. - Approval and Promulgation of Air Quality Implementation Plan; Missouri; Final Disapproval of Interstate Transport State Implementation Plan Revision for the 2006 24-Hour PM2.5 NAAQS. 40 CFR Part 52 [EPA–R07–OAR–2011–0215; FRL–9435–9]. Final rule. Pursuant to our authority under the Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is taking final action to
disapprove the portion of the ‘‘Infrastructure’’ State Implementation Plan (SIP) (CAA section 110(a)(1) and (2)) submittal from the State of Missouri intended to address the CAA section relating to the ‘‘interstate transport’’ requirements for the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS) that prohibit a state from significantly contributing to nonattainment or interfering with maintenance of the NAAQS in any other state. This final
action to disapprove the ‘‘interstate transport’’ portion of the Missouri SIP
submittal received by EPA on December 28, 2009, only relates to those
provisions and does not address the other portions of Missouri’s December
28, 2009, submission. The rationale for this action and additional detail on this disapproval were described in EPA’s proposed rulemaking published in the
Federal Register on March 18, 2011. The effect of this action will be the
promulgation of a Federal Implementation Plan (FIP) for Missouri
no later than two years from the date of disapproval. EPA’s proposed Transport
Rule, when final, is the FIP that EPA intends to implement for Missouri.
DATES: Effective Date: This rule is effective on August 19, 2011. - Approval and Promulgation of Air Quality Implementation Plan; New Jersey and New York; Final Disapproval of Interstate Transport State Implementation Plan Revision for the 2006 24-Hour PM2.5 NAAQS. 40 CFR Part 52 [EPA–R02–OAR–2010–1025; FRL–9436–2]. Final rule. EPA is taking final action to
disapprove the New Jersey and the New York State Implementation Plan (SIP)
revisions submitted to address significant contribution to nonattainment or interference with maintenance in another state with respect to the 2006 24-hour fine particle (PM2.5) national ambient air quality standards (NAAQS). On January 20, 2010, New Jersey submitted a SIP revision to address sections of the Clean Air Act (CAA) concerning interstate transport requirements, and the sections of the CAA concerning infrastructure requirements. On March 23, 2010, New York submitted a SIP revision to address the section of the CAA concerning
interstate transport, and sections 110(a)(1) and (2) of the CAA concerning
infrastructure SIP requirements. In this action, EPA is taking final action to
disapprove the portion of the New Jersey and the New York SIP revisions
that addresses the requirement prohibiting a state’s emissions from significantly contributing to nonattainment or interfering with maintenance of the NAAQS in any other state. The remaining elements of the submittals are not addressed in this action and will be addressed in a separate action. The intended effect of
this action will be the implementation of a Federal Implementation Plan (FIP)
for the State no later than 2 years from date of the disapproval. The proposed
Transport Rule, when final, is the FIP that EPA intends to implement for the
State. DATES: Effective Date: This rule is effective on August 19, 2011. - Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revisions. 40 CFR Part 52 [EPA–R06–OAR–2011–0031; FRL–9440–7]. Final rule. EPA is approving a State Implementation Plan (SIP) revision submitted by the New Mexico Environment Department (NMED) to EPA on December 1, 2010. This SIP revision modifies New Mexico’s Prevention of Significant Deterioration
(PSD) program to establish appropriate emission thresholds for determining which new stationary sources and modification projects become subject to
New Mexico’s PSD permitting requirements for their greenhouse gas (GHG) emissions. EPA is fully approving New Mexico’s December 1, 2010, PSD SIP revision because the Agency has determined that this PSD SIP revision is in accordance with section 110 and part C of the Federal Clean Air Act and EPA regulations regarding PSD permitting for GHGs. DATES: This final rule will be effective August 19, 2011. - Approval and Promulgation of Air Quality Implementation Plan; North Carolina; Disapproval of Interstate Transport Submission for the 2006 24-Hour PM2.5 Standards. 40 CFR Part 52 [EPA–R04–OAR–2010–1015–201129; FRL– 9438–3]. Final rule. EPA is taking final action to disapprove the portion of North Carolina’s September 21, 2009, submission which was intended to meet the requirement to address interstate transport for the 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). Additionally, EPA is responding to comments received on EPA’s January 26, 2011, proposed disapproval of the aforementioned portion of North Carolina’s September 21, 2009, submission. On September 21, 2009, the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NC
DENR), provided a letter to EPA certifying that North Carolina’s state implementation plan (SIP) meets the interstate transport requirements with
regard to the 2006 24-hour PM2.5 NAAQS. Specifically, the interstate
transport requirements under the Clean Air Act (CAA or Act) prohibit a state’s
emissions from significantly contributing to nonattainment or interfering with the maintenance of the NAAQS in any other state. The effect of today’s action will be the promulgation of a Federal Implementation Plan (FIP) for North Carolina no later than two years from the date of disapproval. The proposed Transport Rule, when final, is the FIP that EPA intends to implement for North Carolina.
DATES: Effective Date: This rule will be effective August 19, 2011. - Approval of Air Quality Implementation Plans; Indiana and Ohio; Disapproval
of Interstate Transport State Implementation Plan Revision for the 2006 24-hour PM2.5 NAAQS. 40 CFR Part 52 [EPA–R05–OAR–2009–0805; FRL–9435–8]. Final rule. Pursuant to its authority under the Clean Air Act (CAA), EPA is taking final action to disapprove the portions of submittals by the Indiana Department of Environmental Management (IDEM) and the Ohio Environmental Protection Agency (Ohio EPA) that pertain to requirements in the CAA to address interstate transport for the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS). EPA is not, however, currently taking action on the remainder of the State Implementation Plan (SIP) submittals from IDEM and Ohio EPA concerning other basic or ‘‘Infrastructure’’ elements required under the CAA. The proposed rule associated with this final action was published on February 4, 2011. The effect of this action will be an obligation for EPA to promulgate a Federal Implementation Plan (FIP) for Indiana and Ohio no later than two years from the date of disapproval. The Transport Rule, when final, is the FIP that EPA intends to implement for Indiana and Ohio. DATES: This final rule is effective on August 19, 2011. - Approval of Air Quality Implementation Plans; Indiana and Ohio; Disapproval
of Interstate Transport State Implementation Plan Revision for the 2006 24-hour PM2.5 NAAQS. 40 CFR Part 52 [EPA–R05–OAR–2009–0805; FRL–9435–8]. Final rule. Pursuant to its authority under the Clean Air Act (CAA), EPA is
taking final action to disapprove the portions of submittals by the Indiana
Department of Environmental Management (IDEM) and the Ohio Environmental Protection Agency (Ohio EPA) that pertain to requirements in the
CAA to address interstate transport for the 2006 24-hour fine particle (PM2.5)
National Ambient Air Quality Standards (NAAQS). EPA is not, however, currently taking action on the remainder of the State Implementation Plan (SIP)
submittals from IDEM and Ohio EPA concerning other basic or ‘‘Infrastructure’’ elements required under the CAA. The proposed rule associated with this final action was published on February 4, 2011. The effect of this action will be an obligation for EPA to promulgate a Federal Implementation Plan (FIP) for Indiana and Ohio no later than two years from the date of disapproval. The Transport Rule, when final, is the FIP that EPA intends to implement for Indiana and Ohio. DATES: This final rule is effective on August 19, 2011. - Deferral for CO2 Emissions From Bioenergy and Other Biogenic Sources Under the Prevention of Significant Deterioration (PSD) and Title V Programs. 40 CFR Parts 51, 52, 70, and 71 [EPA–HQ–OAR–2011–0083; FRL–9431–6]. Final rule. This action defers for a period of three (3) years the application of the Prevention of Significant Deterioration (PSD) and Title V permitting requirements to biogenic carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources. This action is being taken as part of the process of granting the Petition for Reconsideration filed by the National Alliance of Forest Owners (NAFO) on August 3, 2010, related to the PSD and Title V Greenhouse Gas Tailoring Rule. The result of this action is that during this three year period biogenic CO2 emissions are not required to be counted for applicability purposes under the PSD and Title V permitting programs. State, local, and tribal permitting authorities may adopt the deferral at their option but the deferral is effective upon publication for the PSD and Title V permit programs that are
implemented by EPA. DATES: This action is effective on July 20, 2011. - Finding of Failure To Submit Section 110 State Implementation Plans for
Interstate Transport for the 2006 National Ambient Air Quality Standards for Fine Particulate Matter. 40 CFR Part 52 [EPA–HQ–OAR–2011–0338; FRL–9435–7]. Final rule. In this action, EPA is finding that Tennessee has failed to submit a State Implementation Plan (SIP) to satisfy the requirements of the Clean Air Act (CAA) with respect to the 2006 24- hour National Ambient Air Quality Standards (NAAQS) for fine particulate matter (24-hour PM2.5). Although Tennessee has submitted a SIP to address the requirements, the state
subsequently withdrew that portion of its SIP submittal because it relied on the
Clean Air Interstate Rule to address transport. This finding creates a 2-year
deadline for the promulgation of a Federal Implementation Plan (FIP) by
EPA. In a separate action, commonly referred to as the Transport Rule, EPA
is finalizing a FIP for Tennessee to address these requirements. DATES: The effective date of this rule is August 19, 2011. - Outer Continental Shelf Air Regulations Consistency Update for Virginia. 40 CFR Part 55 [EPA–R03–OAR–2011–0140; FRL- 9434–5 ]. Final rule. EPA is taking direct final action to approve an update to a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of a State’s seaward boundary must be updated periodically to maintain continuity and ensure consistency with the regulations of the corresponding onshore area (COA), as mandated by the Clean Air Act Amendments of 1990 (CAA). The specific portion of the OCS air regulation that is being updated pertains to the requirements for OCS sources in the Commonwealth of Virginia (Virginia). The intended effect of approving the OCS requirements for Virginia is to regulate emissions from OCS sources in accordance with the requirements onshore. DATES: This rule is effective on
September 19, 2011 without further notice, unless EPA receives adverse written comment by August 19, 2011. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of September 19, 2011. - Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management District. 40 CFR Part 52 [EPA–R09–OAR–2011–0460; FRL–9438–6]. Final rule. EPA is finalizing both an approval and a limited approval and limited disapproval of permitting rules submitted for the Sacramento Metropolitan Air Quality Management District (SMAQMD or District) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on May 19, 2011 and concern New Source Review (NSR) and Prevention of Significant Deterioration (PSD) permit programs for new and modified major stationary sources of air pollution. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA). DATES: Effective Date: This rule is
effective on August 19, 2011.
Proposed Rules
- Outer Continental Shelf Air Regulations Consistency Update for Virginia. 40 CFR Part 55 [EPA–R03–OAR–2011–0140; FRL–9434–6 ]. Proposed rule. EPA proposes to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of States’ seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion of the OCS air regulations that is being updated pertains to the requirements that would apply to OCS sources located within 25 miles of the seaward boundary of the Commonwealth of Virginia. EPA is taking this action as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time. DATES: Written comments must be received by August 19, 2011. - National Pollutant Discharge Elimination System—Cooling Water Intake Structures at Existing Facilities and Phase I Facilities. 40 CFR Parts 122 and 125
[EPA–HQ–OW–2008–0667, FRL–9441–8]. Proposed rule. On April 20, 2011, EPA proposed requirements under section 316(b) of the Clean Water Act for all
existing power generating facilities and existing manufacturing and industrial
facilities. EPA requested that public comments on the proposal be submitted
on or before July 19, 2011. Since publication, the Agency has received several requests for additional time to submit comments. EPA is re-opening the comment period and will accept public comments on the proposal
through August 18, 2011. DATES: Comments on the proposed rule,
which was published April 20, 2011, at 76 FR 22174, must be received on or
before August 18, 2011. - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities. 40 CFR Parts 174 and 180 [EPA–HQ–OPP–2011–0082; FRL–8880–1]. Proposed rule. This document announces the
Agency’s receipt of several initial filings of pesticide petitions requesting the
establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. DATES: Comments must be received on or before August 19, 2011.
Notices
- Certain New Chemicals; Receipt and Status Information. [EPA–HQ–OPPT–2011–0566; FRL–8881–3]. Notice. Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Chemical Substances Inventory (TSCA Inventory)) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish in the Federal Register a notice of receipt of a premanufacture notice (PMN) or an
application for a test marketing exemption (TME), and to publish in the
Federal Register periodic status reports on the new chemicals under review and
the receipt of notices of commencement (NOC) to manufacture those chemicals.
This document, which covers the period from May 23, 2011 to June 5, 2011, and
provides the required notice and status report, consists of the PMNs and TMEs,
both pending or expired, and the NOC to manufacture a new chemical that the
Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the specific PMN number or TME number, must be received on or before August 19, 2011.
Thursday July 21, 2011
Final Rules
- Approval and Promulgation of Air Quality Plans: State of Missouri. 40 CFR Part 52 [EPA–R07–OAR–2011–0451; FRL–9440–9]. Final rule. EPA is approving an April 20, 2011, request from the State of Missouri to exempt sources of Nitrogen Oxides (NOX) in the Missouri portion of the St. Louis (MO–IL) metropolitan 8-hour ozone nonattainment area from the Clean Air Act (CAA) requirements for
NOX Reasonably Available Control Technology (RACT) for purposes of attaining the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Missouri NOX RACT waiver request for its portion of the St. Louis metropolitan 8-hour ozone nonattainment area is based on the most recent three years of complete, qualityassured ozone monitoring data, which demonstrate that additional reductions of NOX emissions in the Area would not contribute to attainment of the 1997 8- hour ozone NAAQS. DATES: This direct final rule will be effective September 19, 2011 without further notice unless EPA receives
adverse comments by August 22, 2011. If adverse comments are received, EPA
will publish a timely withdrawal of the direct final rule in the Federal Register
informing the public that the rule will not take effect.
Proposed rules
- Approval and Promulgation of Air Quality Implementation Plans; West Virginia and Ohio; Determinations of Attainment of the 1997 Annual Fine Particle Standard for the Parkersburg- Marietta and Wheeling Nonattainment Areas. 40 CFR Part 52 [EPA–R03–OAR–2011–0469; FRL–9441–9]. Proposed rule. EPA is proposing to make a determination that the Parkersburg- Marietta, West Virginia-Ohio (WV-OH) nonattainment area and the Wheeling, WV-OH fine particle (PM2.5) nonattainment areas (hereafter referred to as ‘‘Areas’’) have attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. These determinations are based upon complete, quality-assured, and certified ambient air monitoring data for the 2007–2009 monitoring period. EPA is finding these Areas to be in
attainment, in accordance with the requirements of the Clean Air Act (CAA).
DATES: Written comments must be received on or before August 22, 2011. - Proposed Flood Elevation Determinations. 44 CFR Part 67 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–B–1038]. Proposed rule. On March 25, 2009, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 74 FR 12799. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Monroe County, Kentucky, and Incorporated Areas. Specifically, it addresses the following flooding sources: Bailey Branch (backwater effects from Cumberland River), Butler Branch (backwater effects from Cumberland River), Cumberland River,
McFarland Creek (backwater effects from Cumberland River), Meredith Creek (backwater effects from Cumberland River), Meshack Creek (backwater effects from Cumberland River), Murphy Branch (backwater effects from Cumberland River), and Ward Branch (backwater effects from Cumberland River). DATES: Comments are to be submitted on or before October 19, 2011.
Notices
- Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Public Service Company of Colorado dba Xcel Energy—Pawnee Power Station. [FRL–9442–5]. Notice. This document announces
that the EPA Administrator has responded to a citizen petition asking EPA to object to an operating permit issued by the Colorado Department of Public Health and Environment (CDPHE). Specifically, the Administrator has partially granted and partially denied the February, 2010, Petition, submitted by WildEarth Guardians (Petitioner), to object to CDPHE’s January 1, 2010, title V permit issued to Public Service Company of Colorado dba Xcel Energy (Xcel)—
Pawnee Power Station. Pursuant to section 505(b)(2) of the Clean Air Act (Act or CAA), Petitioners may seek judicial review of those portions of the petition that EPA denied in the United States Court of Appeals for the appropriate circuit. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the Act. - Designation of an Ocean Dredged Material Disposal Site (ODMDS) in the Gulf of Mexico Off the Mouth of the Atchafalaya River, St. Mary Parish, LA. [FRL–9442–4]. Notice. The U.S. EPA, Region 6, in accordance with EPA’s October 29, 1998 Notice of Policy and Procedures for Voluntary Preparation of National Environmental Policy Act (NEPA) Documents (63 FR 58045), and in
cooperation with the U.S. Army Corps of Engineers, New Orleans District (the
Corps), will prepare an EIS for the designation of an ODMDS in the Gulf of
Mexico off the mouth of the Atchafalaya River, St. Mary Parish, Louisiana. An
EIS is needed to provide the information necessary to designate an ODMDS. This
Notice of Intent is issued Pursuant to Section 102(c) of the Marine Protection,
Research and Sanctuaries Act of 1972 (MPRSA), and 40 CFR Part 228 (Criteria
for the Management of Disposal Sites for Ocean Dumping). DATES: Comments or names for the project mailing list must be submitted in writing on or before August 22, 2011.
Friday July 22, 2011
Final Rules
- Approval and Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standard; Colorado. [EPA–R08–OAR–2009–0809; FRL–9442–1]. Final rule. EPA is approving the State Implementation Plan (SIP) submission from the State of Colorado to demonstrate that the SIP meets the requirements of Sections 110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on July 18, 1997. Section 110(a)(1) of the CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIPs to ensure that they meet the requirements of the ‘‘infrastructure
elements’’ of section 110(a)(2). The State of Colorado submitted a certification,
dated January 7, 2008, that its SIP met these requirements for the 1997 ozone
NAAQS. The certification was determined to be complete on March 27, 2008 (73 FR 16205). DATES: Effective Date: This final rule is effective August 22, 2011. - Approval and Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standard; Montana. 40 CFR Part 52 [EPA–R08–OAR–2010–0298; FRL–9440–6]. Final rule. EPA is partially approving and partially disapproving the State Implementation Plan (SIP) submission from the State of Montana to
demonstrate that the SIP meets the requirements of Sections 110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on July 18, 1997. Section 110(a)(1) of the CAA
requires that each state, after a new or revised NAAQS is promulgated, review
their SIPs to ensure that they meet the requirements of the ‘‘infrastructure
elements’’ of section 110(a)(2). The State of Montana submitted two certifications, dated November 28, 2007 and December 22, 2009, that its SIP met these requirements for the 1997 ozone NAAQS. The November 28, 2007
certification was determined to be complete on March 27, 2008 (73 FR 16205).
DATES: Effective Date: This final rule is effective August 22, 2011. - Approval and Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 8-hour Ozone National Ambient Air Quality Standards; South Dakota. 40 CFR Part 52 [EPA–R08–OAR–2010–0301; FRL–9441–6]. Final rule. EPA is approving the State Implementation Plan (SIP) submission from the State of South Dakota to demonstrate that the SIP meets the
requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on July 18, 1997. The CAA requires that each state, after a new or revised NAAQS is promulgated, review their SIPs to ensure that they meet the requirements of the ‘‘infrastructure elements’’. The State of South Dakotasubmitted a certification, dated February 1, 2008, that its SIP met these requirements for the 1997 ozone NAAQS; the certification was
determined to be complete on March 27, 2008. In addition, EPA is partially
approving a June 14, 2010 SIP submittal from the State that revises the State’s
Prevention of Significant Deterioration (PSD) program. DATES: Effective Date: This final rule is effective August 22, 2011. - Approval and Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standard; Utah. 40 CFR Part 52 [EPA–R08–OAR–2010–0302; FRL–9442–2]. Final rule. EPA is approving and conditionally approving the State Implementation Plan (SIP) submission from the State of Utah to demonstrate that the SIP meets the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient Air Quality Standard (NAAQS)
promulgated for ozone on July 18, 1997. Section 110(a)(1) of the CAA requires
that each state, after a new or revised NAAQS is promulgated, review their SIPs to ensure that they meet the requirements of the ‘‘infrastructure elements’’ of section 110(a)(2). The State of Utah submitted two certifications, dated December 3, 2007, and December 21, 2009, that its SIP met these requirements for the 1997 ozone NAAQS. The December 3, 2007 certification was determined to be complete on March 27, 2008 (73 FR 16205). DATES: Effective Date: This final rule is effective August 22, 2011.
Proposed rules
- Definition of Solid Waste. 40 CFR Parts 260, 261 and 266 [EPA–HQ–RCRA–2010–0742; FRL–9431–4]. Proposed rule. The Environmental Protection
Agency (EPA or the Agency) is proposing to revise certain exclusions from the definition of solid waste for hazardous secondary materials intended for reclamation that would otherwise be regulated under Subtitle C of the
Resource Conservation and Recovery Act (RCRA). The purpose of these
proposed revisions is to ensure that the recycling regulations, as implemented,
encourage reclamation in a way that does not result in increased risk to human health and the environment from discarded hazardous secondary material.
DATES: Comments must be received on or before September 20, 2011. - Regional Haze State Implementation Plan; State of Nevada; Extension of Comment Period. 40 CFR Part 51 [EPA–R09–OAR–2011–0130; FRL–9442–3]. Proposed rule. On June 22, 2011, the EPA proposed to approve the Nevada State
Implementation Plan (SIP) to implement the regional haze program for the first
planning period through July 31, 2018. The EPA is extending the deadline for written comments on the proposed approval of the Regional Haze SIP by 30
days to August 22, 2011. The EPA received requests for an extension from
attorneys representing a consortium of environmental groups and the Moapa
Paiutes Tribe. The requests were based on a need for more time to review the
technical materials that form the basis of Nevada’s Regional Haze SIP and EPA’s
proposed approval. The EPA finds that the request is reasonable given the complexity of the Regional Haze Rule requirements and EPA’s proposed approval of the technical analyses presented in Nevada’s plan. DATES: The comment period for the proposed rule published June 22, 2011 (76 FR 36450), is extended. Comments must be received on or before August 22, 2011.
Notices
- Notice of Availability of the External Review Draft of the Guidance for Applying Quantitative Data to Develop Data-Derived Extrapolation Factors for Interspecies and Intraspecies Extrapolation; Extension of Public Comment Period. [EPA–HQ–ORD–2009–0694; FRL–9442–8]. Notice. On June 9, 2011 the U.S. Environmental Protection Agency (EPA) announced the release of the External Review Draft of ‘‘Guidance for Applying Quantitative Data to Develop Data- Derived Extrapolation Factors for Interspecies and Intraspecies
Extrapolation’’ for public comment (76 FR 33752–33753). With this notice EPA
is announcing an extension of the comment period to August 9, 2011. EPA is releasing this draft document solely for the purpose of seeking public comment prior to external peer review. The document will undergo independent peer review during an expert peer review meeting, which will be convened, organized and conducted by an EPA contractor in 2011. The date of the external peer review meeting will be announced in a subsequent Federal Register notice. All comments received by the docket closing date, August 9, 2011, will be shared with the external peer review panel for their consideration. Comments received after
the close of the comment period may be considered by EPA when it finalizes the
document. This document has not been formally disseminated by EPA. This
draft guidance does not represent and should not be construed to represent
EPA policy viewpoint, or determination. Members of the public may obtain the
draft interim guidance from http://www.regulations.gov; or www.epa.gov/raf/DDEF/index.htm or from Dr. Michael Broder via the contact information below.
DATES: All comments received by the docket closing date, August 9, 2011, will
be shared with the external peer review panel for their consideration. Comments
received beyond that time may be considered by EPA when it finalizes the document. - Protection of Stratospheric Ozone: Request for Applications for Essential Use Allowances for 2013 and 2014. [FRL–9442–9]. Notice. The Environmental Protection Agency is requesting applications for essential use allowances for calendar years 2013 and 2014. Essential use allowances provide exemptions from
the phaseout of production and import of ozone-depleting substances. Essential
use allowances must be authorized by the Parties to the Montreal Protocol on
Substances that Deplete the Ozone Layer. The U.S. Government will use the applications received in response to this notice as the basis for its nomination of essential uses at the 24th Meeting of the Parties to the Protocol, to be held in 2012. DATES: Applications for essential use allowances must be submitted to EPA no later than September 20, 2011 in order for the U.S. Government to
complete its review and to submit nominations to the United Nations Environment Programme and the Protocol Parties in a timely manner.