January 24, 2012
Final Rules
- Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Clean Vehicles Program. 40 CFR Part 52 [EPA–R03–OAR–2011–0605; FRL–9620–2]. Final rule. EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision
contains Pennsylvania’s Clean Vehicle Program, which adopts California’s second generation low emission vehicle program for light-duty vehicles (LEV II). The Clean Air Act (CAA) contains specific authority allowing any state to adopt new motor vehicle emissions standards that are identical to California’s standards in lieu of applicable Federal standards. Pennsylvania has adopted a Clean Vehicle Program that incorporates by reference provisions of California’s LEV II rules and specifies a transition mechanism for compliance with these clean vehicle standards in Pennsylvania. EPA is approving this SIP revision, in accordance with the requirements of the CAA, which will help Pennsylvania to achieve and
maintain attainment of the National Ambient Air Quality Standard (NAAQS) for ozone. DATES: Effective Date: This final rule is effective on February 23, 2012. - Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants, State of West Virginia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Plan Revision. 40 CFR Part 62 [EPA–R03–OAR–2011–0848; FRL–9620–6]. Direct final rule. EPA is taking direct final action to approve a revision to the West Virginia hospital/medical/infectious waste incinerator (HMIWI) Section 111(d)/129 plan (the ‘‘plan’’). The revision contains a modified state rule for solid waste combustion that was updated as a result of the October 6, 2009 amendments to Federal Emission Guidelines (EG) and New Source Performance Standards (NSPS), 40 CFR part 60, subparts Ce and Ec respectively. While West Virginia’s revised regulation contains requirements for various types of solid waste incineration units, the revisions and approval action relate only to HMIWI units.
DATES: This rule is effective March 26, 2012 without further notice, unless EPA
receives adverse written comment by February 23, 2012. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.
Proposed rules
- Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Determination of Attainment of the One-Hour Ozone Standard for the Springfield (Western Massachusetts) Nonattainment Area. 40 CFR Part 52
[EPA–R01–OAR–2012–0008; A–1–FRL–9621–4]. Proposed rule. The EPA is proposing to determine that the Springfield (Western Massachusetts), serious one-hour ozone nonattainment area did not meet the applicable deadline of December 31, 2003 for attaining the one-hour National Ambient Air Quality Standard (NAAQS) for ozone. This proposed determination is based upon complete, certified, quality-assured ambient air quality monitoring data for the 2001–2003 monitoring period showing that the area had an expected ozone exceedance rate above the level of the now revoked onehour ozone NAAQS during that period. Separate from and independent of this proposed determination, EPA is also proposing to determine that the Springfield (Western Massachusetts) serious one-hour ozone nonattainment area currently attains the now revoked one-hour NAAQS for ozone, based upon complete, quality-assured, certified ambient air monitoring data for the 2007–2009 and 2008–2010 monitoring periods. Preliminary one-hour ozone data available for 2011 also show the area continues to meet the one-hour NAAQS for ozone. If EPA finalizes its determination that the area is currently attaining the one-hour standard, the obligation to submit one-hour ozone contingency measures will be suspended. EPA is proposing these determinations under the Clean Air Act. DATES: Written comments must be received on or before February 23, 2012. - Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; State of West Virginia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Plan Revision. 40 CFR Part 62 [EPA–R03–OAR–2011–0848; FRL–9620–7]. Proposed rule. EPA proposes to approve a revision to the West Virginia hospital/medical/infectious waste incinerator (HMIWI) Section 111(d)/129 plan (the ‘‘plan’’). The revision contains a modified state rule for solid waste combustion that was updated as a result of the October 6, 2009 amendments to federal Emission Guidelines (EG) and New Source Performance Standards (NSPS), 40 CFR part 60, subparts Ce and Ec respectively. This revision and approval action relate only to HMIWI units. In the Final Rules section of this Federal Register, EPA is approving the
State of West Virginia’s HMIWI plan revision submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial
action and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. 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: Comments must be received in writing by February 23, 2012.
Notices
- Agency Information Collection Activities; Proposed Collection; Comment Request; NESHAP for Radionuclides (Renewal); EPA ICR No. 1100.14. [EPA–HQ–OAR–2003–0085; FRL–9622–1]. 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 is scheduled to expire on July 31, 2012. 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 March 26, 2012. - National Environmental Justice Advisory Council; Notification of Public Teleconference Meeting and Public Comment. [FRL–9621–9]. Notice. Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92–463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National
Environmental Justice Advisory Council (NEJAC) will host a public teleconference meeting on Friday, January 27, 2012, from 1 p.m. to 3 p.m. Eastern Time. The primary topics of discussion will be: (1) Following up on action items from the October 2011 NEJAC public meeting, (2) providing an update on NEJAC membership solicitation, and (3) saying farewell to retiring NEJAC members. This meeting is open to the public. There will be a public comment period from 2:30 p.m. to 3 p.m. Eastern Time. Members of the public are encouraged to provide comments relevant to the topics of the meeting.
For additional information about registering to attend the meeting or to provide public comment, please see the ‘‘Registration’’ and SUPPLEMENTARY INFORMATION sections below. Due to a limited number of telephone lines,
attendance will be on a first-come, first served basis. There is no fee to attend,
but pre-registration is required. Registration for the teleconference meeting closes at 11 a.m. Eastern Time on Monday, January 23, 2012. The deadline to sign-up for public comment, or to submit written public comments, is also Monday, January 23, 2012. DATES: The NEJAC teleconference meeting on Friday, January 27, 2012, will begin promptly at 1 p.m. Eastern Time. Registration: To register by email, send an email to NEJACTeleconJan2012 @AlwaysPursuingExcellence.com with ‘‘Register for the NEJAC January 2012
Teleconference’’ in the subject line. Please provide your name, organization,
city and state, email address, and telephone number for follow-up. To register by Phone or Fax, send a fax (please print) or leave a voice message with your name, organization, city and state, email address, and telephone number at (877) 773–1489. Please specify which meeting you are registering to attend (e.g., NEJAC–January 2012 Teleconference). Please also state whether you would like to be put on the list to provide public comment, and whether you are submitting written comments before the Monday, January 23, 2012, deadline. Non-English speaking attendees wishing to arrange for a foreign language interpreter may also make appropriate arrangements using the email address or telephone/fax number. - National Advisory Council for Environmental Policy and Technology. [FRL–9622–4]. Notice. Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public teleconference of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT members represent academia, industry, non-governmental organizations, and local, state, and tribal governments. The purpose of this teleconference is for NACEPT to discuss and approve draft advice letters addressing two topics: (1) The need for technologies that can help address environmental problems experienced by environmental justice communities and other vulnerable populations, and (2) leadership development and organizational transformation at EPA. A copy of the agenda for the meeting will be posted at http://www.epa.gov/ofacmo/nacept/calnacept.htm.
DATES: NACEPT will hold a public teleconference on Tuesday, January 31, 2012, from 3 p.m. to 6 p.m. Eastern Standard Time. Due to logistical complications, EPA is announcing the meeting with less than 15 days public notice.
January 26, 2012
Final Rules
- Approval and Promulgation of Air Quality Implementation Plans; Virginia; Consumer and Commercial Products. 40 CFR Part 52 [EPA–R03–OAR–2011–0730; FRL–9620–9]. Final rule. EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of
Virginia. The SIP revision adds a new chapter (9VAC5–45—Consumer and Commercial Products) in order to control volatile organic compounds (VOC) from portable fuel containers, consumer products, architectural and industrial (AIM) coatings, adhesives and sealants, and asphalt paving operations within the Northern Virginia and Fredericksburg VOC Emissions Control Areas. The SIP revision also includes new and revised documents incorporated by reference into the Virginia regulations (9VAC5–20–21—Documents Incorporated by Reference)
in order to support the new and revised regulations. This action is being taken under the Clean Air Act (CAA). DATES: Effective Date: This final rule is effective on February 27, 2012. - Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Infrastructure Requirements for 1997 8-Hour Ozone and the 1997 and 2006 PM2.5 NAAQS. 40 CFR Part 52 [EPA–R06–OAR–2008–0637; FRL–9622–5]. Final rule. EPA is approving submittals from the State of Oklahoma pursuant to
the Clean Air Act (CAA or the Act) that address the infrastructure elements specified in the CAA, necessary to implement, maintain, and enforce the 1997 8-hour ozone and the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or standards). This action is being taken under the CAA. DATES: This final rule is effective on February 27, 2012.
Proposed Rules
- Approval and Promulgation of Air Quality Implementation Plans; Illinois; Regional Haze. 40 CFR Part 52 [EPA–R05–OAR–2011–0598; FRL–9622–6]. Proposed rule. EPA is proposing to approve revisions to the Illinois State Implementation Plan (SIP) addressing regional haze for the first implementation period. Illinois submitted its regional haze plan on June 24, 2011. The Illinois regional haze plan addresses Clean Air Act (CAA) section 169B and Regional Haze Rule requirements for states to remedy any existing and prevent future
anthropogenic impairment of visibility at mandatory Class I areas. EPA is also
proposing to approve two state rules and incorporating two permits into the
SIP. DATES: Comments must be received on or before February 27, 2012. - Approval and Promulgation of Air Quality Implementation Plans; Indiana; Regional Haze. 40 CFR Part 52 [EPA–R05–OAR–2011–0080; FRL–9622–7]. Proposed rule. EPA is proposing a limited approval of revisions to the Indiana
State Implementation Plan (SIP) addressing regional haze for the first implementation period. Indiana submitted its regional haze plan on January 14, 2011, and supplemented it on March 10, 2011. The Indiana regional haze plan addresses the requirements of the Clean Air Act (CAA or Act) and Regional Haze Rule (RHR) requirements for states to remedy any existing and prevent future anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ‘‘regional haze program’’). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing a limited approval of these SIP revisions to implement the regional haze requirements for Indiana on the basis that the revisions, as a whole, strengthen the Indiana SIP. In a separate action, EPA has previously proposed a limited disapproval of the Indiana regional haze SIP because of the deficiencies in Indiana’s regional haze
SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) to EPA of the Clean Air Interstate Rule (CAIR). Consequently, we are not proposing to take action in this notice
to address the state’s reliance on CAIR to meet certain regional haze requirements. DATES: Comments must be received on or before February 27, 2012. - Approval and Promulgation of Air Quality Implementation Plans; Indiana;
Regional Haze. 40 CFR Part 52 [EPA–R05–OAR–2011–0080; FRL–9622–7]. Proposed rule. EPA is proposing a limited approval of revisions to the Indiana
State Implementation Plan (SIP) addressing regional haze for the first implementation period. Indiana submitted its regional haze plan on January 14, 2011, and supplemented it on March 10, 2011. The Indiana regional haze plan addresses the requirements of the Clean Air Act (CAA or Act) and Regional Haze Rule (RHR) requirements for states to remedy any existing and prevent future anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ‘‘regional haze program’’). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing a limited approval of these SIP revisions to implement the regional haze requirements for Indiana on the basis that the revisions, as a whole, strengthen the Indiana SIP. In a separate action, EPA has previously proposed a limited disapproval of the Indiana regional haze SIP because of the deficiencies in Indiana’s regional haze
SIP submittal arising from the remand by the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) to EPA of the Clean Air Interstate Rule
(CAIR). Consequently, we are not proposing to take action in this notice
to address the state’s reliance on CAIR to meet certain regional haze
requirements. DATES: Comments must be received on or before February 27, 2012. - Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Regional Haze State Implementation Plan. 40 CFR Part 52 [EPA–R03–OAR–2012–0002, FRL–9622–2]. Proposed rule. EPA is proposing limited approval of a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP) on
December 20, 2010 that addresses regional haze for the first implementation period. This revision addresses the requirements of the Clean Air Act (CAA) and EPA’s rules that require states to prevent any future, and remedy any existing, anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants from numerous sources located over a wide geographic area (also referred to as the ‘‘regional haze program’’). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. EPA is proposing a limited approval of this SIP revision to implement the regional haze requirements for Pennsylvania on the basis that the revisions, as a whole, strengthen the Pennsylvania SIP. EPA is also proposing to approve this revision as meeting the infrastructure requirements 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. In a separate action, EPA has previously
proposed a limited disapproval of the Pennsylvania regional haze SIP because
of deficiencies in the Commonwealth’s regional haze SIP submittal arising from
the remand by the U.S. Court of Appeals for the District of Columbia (DC Circuit)
to EPA of the Clean Air Interstate Rule (CAIR), see 76 FR 82219, December 30,
2011. Consequently, we are not taking action in this notice to address the Commonwealth’s reliance on CAIR to meet certain regional haze requirements.
DATES: Comments must be received on or before February 27, 2012.
January 28, 2012
Proposed Rules
- Air Quality Implementation Plans; Kentucky; Attainment Plan for the Kentucky Portion of the Huntington- Ashland 1997 Annual PM2.5 Nonattainment Area. 40 CFR Parts 52 and 81 [EPA–R04–OAR–2010–0255–201116; FRL–9624–2]. Proposed rule. EPA is proposing to approve a state implementation plan (SIP)
revision submitted by the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), to EPA on December 3, 2008, for the purpose of providing for attainment of the 1997 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) in the Kentucky portion of the Huntington-Ashland, West Virginia-Kentucky-Ohio PM2.5 nonattainment area (hereafter referred to as the ‘‘Huntington-Ashland Area’’ or ‘‘Area’’). The Huntington-Ashland Area is comprised of Boyd County and a portion of Lawrence County in Kentucky; Cabell and Wayne Counties
and a portion of Mason County in West Virginia; and Lawrence and Scioto
Counties and portions of Adams and Gallia Counties in Ohio. The Kentucky
plan (hereafter referred to as the ‘‘attainment plan’’) pertains only to the Kentucky portion of the Huntington-Ashland Area. EPA is now proposing to
approve Kentucky’s submittal regarding reasonably available control technology
(RACT) and reasonably available control measures (RACM); reasonable further
progress (RFP); base-year and attainment-year emissions inventories; contingency measures; and, for transportation conformity purposes, an
insignificance determination for PM2.5 and nitrogen oxides (NOX) for the
mobile source contribution to ambient PM2.5 levels for the Commonwealth’s
portion of the Huntington-Ashland Area. This action is being taken in accordance with the Clean Air Act (CAA or Act) and the ‘‘Clean Air Fine Particle Implementation Rule,’’ hereafter referred to as the ‘‘PM2.5 Implementation
Rule,’’ issued by EPA on April 25, 2007. The States of West Virginia and Ohio
have provided separate SIP revisions with attainment plans for their portions
for the Huntington-Ashland Area. EPA will act on those SIP revisions in rulemaking separate from today’s rulemaking. DATES: Written comments must be received on or before February 29, 2012. - National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources. 40 CFR Part 63 [EPA–HQ–OAR–2008–0334; FRL–9621–7]. Proposed rule. On October 29, 2009, the EPA promulgated national emission standards for the control of hazardous air pollutants for nine area source categories in the chemical manufacturing sector: Agricultural
Chemicals and Pesticides Manufacturing, Cyclic Crude and Intermediate Production, Industrial Inorganic Chemical Manufacturing, Industrial Organic Chemical Manufacturing, Inorganic Pigments Manufacturing, Miscellaneous Organic Chemical Manufacturing, Plastic Materials and Resins Manufacturing,
Pharmaceutical Production and Synthetic Rubber Manufacturing. Following that action, the Administrator received a petition for reconsideration. In response to the petition, the EPA is reconsidering and requesting comment on several provisions of the final rule. The EPA is also proposing certain revisions to its approach for addressing malfunctions and taking comment on those revisions. The EPA is further soliciting comment on the standards applicable during startup and shutdown periods, as set forth in the final rule. Additionally, the EPA is proposing amendments and technical corrections to the final rule to clarify applicability and compliance issues raised by stakeholders subject to the final rule. DATES: Comments. Comments must be received on or before March 30, 2012. Public Hearing. If anyone contacts EPA requesting to speak at a public
hearing by February 9, 2012, a public hearing will be held on February 14, 2012. For further information on the public hearing and requests to speak, contact Ms. Janet Eck at (919) 541–7946 to verify that a hearing will be held. If a public hearing is held, it will be held at 10 a.m. at the EPA’s Environmental Research Center Auditorium, Research Triangle Park, North Carolina, or an alternate site nearby.
Notices
- Ecusta Mill Site, Pisgah Forest, Transylvania County, NC; Notice of Amended Settlement. [EPA–R4–SFUND 2012-; FRL–9624–1]. Notice. Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has
amended a settlement for resolution of past response and future costs concerning the Ecusta Mill Superfund Site located in Pisgah Forest, Transylvania County, North Carolina. DATES: The Agency will consider public comments on the settlement until February 29, 2012. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is
inappropriate, improper, or inadequate.
