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State Implementation Plan (SIP) Revision & Designated Pollutant Plan Approvals
To search for Federal Register Notices by page number, visit the GPO Access web site.
The following SIP Revision withdrawal of approval for Virginia appears in the November 23, 2009 Federal Register:
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to Clean Air Interstate Rule Sulfur Dioxide Trading Program; Withdrawal of Direct Final Rule - 74 FR 61037
SUMMARY: Due to an adverse comment, EPA is withdrawing the direct final rule to approve the timing change for the first phase of the sulfur dioxide (SO2) trading budget under the Commonwealth of Virginia's approved Clean Air Interstate Rule (CAIR) regulations. In the direct final rule published on October 22, 2009 (74 FR 54485), we stated that if we received adverse comment by November 23, 2009, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comment received in a subsequent final action based upon the proposed action also published on October 22, 2009 (74 FR 54534). EPA will not institute a second comment period on this action.
The following Determination of Attainment approvals for Maryland, Ohio, and West Virginia appear in the November 20, 2009 Federal Register:
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Maryland; Ohio; Determinations of Attainment for the 1997 Fine Particulate Matter Standard - 74 FR 60199 (Final Rule)
SUMMARY: EPA is making determinations that three areas designated nonattainment for the 1997 fine particulate (PM2.5) National Ambient Air Quality Standard (NAAQS) have attained the 1997 PM2.5 NAAQS. These are the Martinsburg-Hagerstown, WV-MD nonattainment area; the Parkersburg-Marietta, WV-OH nonattainment area; and the Wheeling, WV-OH nonattainment area. These determinations are based upon complete, quality assured, quality controlled, and certified ambient air monitoring data that show that these areas have monitored attainment of the 1997 PM2.5 NAAQS during the 2006 - 2008 monitoring period. Currently available monitoring data for 2009 are consistent with continued attainment of the standard. The intended effect of these actions is to finalize these attainment determinations for these areas. With these final determinations, the requirements for States to submit for these areas an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the standard are suspended for so long as the areas continue to meet the 1997 PM2.5 NAAQS. EPA’s determinations that these areas have attained the 1997 PM2.5 NAAQS are not equivalent to the redesignation of the areas to attainment. These actions do not constitute redesignations to attainment under section 107(d)(3) of the Clean Air Act (CAA), because we do not yet have an approved maintenance plan for these areas as required under that section and section 175A of the CAA, nor a determination that these areas have met the other requirements for redesignation. The designation status of these areas remains nonattainment for the 1997 PM2.5 NAAQS until such time as EPA determines that these areas meet the CAA requirements for redesignation to attainment.
This final rule becomes effective on November 20, 2009.
The following SIP Revision approval for Virginia appears in the November 20, 2009 Federal Register:
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Transportation Conformity Regulations - 74 FR 60194 (Final Rule), 74 FR 60227 (Proposed Rule)
SUMMARY: EPA is taking direct final action to approve revisions to the State Implementation Plan (SIP) submitted by the Commonwealth of Virginia. This revision establishes Virginia’s transportation conformity requirements. After they have been approved, the Commonwealth’s regulations will govern transportation conformity determinations in the Commonwealth of Virginia. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).
This rule is effective on January 19, 2010. Interested parties may submit comments to EPA by December 21, 2009. Instructions on how to submit comments are contained in each rulemaking notice.
The following proposed SIP revision approval for Virginia appears in the November 3, 2009 Federal Register:
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to Existing Regulation Provisions Concerning Case-by-Case Reasonably Available Control Technology - 74 FR 56754 (Proposed Rule).
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This SIP revision consists of amendments to the Commonwealth's existing regulations in order to clarify and recodify provisions covering case-by-case reasonably available control technology (RACT), as well as to add the 1997 8-hour ozone standard RACT requirements to the Commonwealth's regulations. This action is being taken under the Clean Air Act (CAA).
Interested parties may submit comments to EPA by December 3, 2009. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.
The following SIP approval for Maryland appears in the October 30, 2009 Federal Register:
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Clean Air Interstate Rule - 74 FR 56117 (Final rule).
SUMMARY: EPA is approving State Implementation Plan (SIP) revisions submitted by the State of Maryland, with the exception of its 2009 nitrogen oxides (NOX) ozone season and NOX annual allocations, its 2009 set-aside allocations and the Compliance Supplement Pool (CSP) allocations. The revisions establish budget trading programs for nitrogen oxides (NOX) annual, NOX ozone season, and sulfur dioxides (SO2) annual emissions to address the requirements of EPA's Clean Air Interstate Rule (CAIR). Maryland will meet its CAIR requirements by participating in the EPA-administered regional cap-and-trade program for NOX annual, NOX ozone season, and SO2 annual emissions. EPA is determining that the SIP revisions fully implement the CAIR requirements for Maryland. Although the DC Circuit found CAIR to be flawed, the rule was remanded without vacatur and thus remains in place. Thus, EPA is continuing to take action on CAIR SIPs as appropriate. CAIR, as promulgated, requires States to reduce emissions of SO2 and NOX that significantly contribute to, or interfere with maintenance of, the national ambient air quality standards (NAAQS) for fine particulates and/or ozone in any downwind state. CAIR establishes budgets for SO2 and NOX for States that contribute significantly to nonattainment in downwind States and requires the significantly contributing States to submit SIP revisions that implement these budgets. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participation in EPA-administered cap-and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions. In the SIP revisions that EPA is approving, Maryland will meet CAIR requirements by participating in these cap-and-trade programs. EPA is approving the SIP revisions, with the exceptions noted, as fully implementing the CAIR requirements for Maryland. Consequently, this action will also cause the CAIR Federal Implementation Plans (CAIR FIPs) concerning SO2, NOX annual, and NOX ozone season emissions by Maryland sources to be automatically withdrawn.
This final rule is effective on October 30, 2009.
The following SIP Revision approval for Virginia appears in the October 22, 2009 Federal Register:
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to Clean Air Interstate Rule Sulfur Dioxide Trading Program - 74 FR 54485 (Final Rule), 74 FR 54534 (Proposed Rule).
SUMMARY: EPA is taking direct final action to approve a revision to the Commonwealth of Virginia State Implementation Plan (SIP). The revision pertains to the timing for the first phase of the sulfur dioxide (SO2) trading budget under the Commonwealth's approved regulations that implement the requirements of the Clean Air Interstate Rule (CAIR). EPA is approving this revision to change the start date of Virginia's CAIR SO2 trading budget from the control period in 2009 to the control period in 2010 in accordance with the requirements of the Clean Air Act (CAA).
Interested parties may submit comments to EPA by November 23, 2009. Instructions on how to submit comments are contained in each rulemaking notice.
The following SIP revision approval for Delaware appears in the October 8, 2009 Federal Register:
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Regulation To Reduce Idling of Heavy-Duty Vehicles - 74 FR 51792 (Final Rule); 74 FR 51823 (Proposed Rule).
SUMMARY: EPA is taking direct final action to approve revisions to the Delaware State Implementation Plan (SIP). The revision contains a regulation to reduce engine idling time for operation of most heavy-duty vehicles in the state, with certain exceptions. EPA is approving this revision to the Delaware SIP governing idling of heavy duty vehicles in the State of Delaware. EPA's approval of this SIP revision is being done in accordance with the requirements of the Clean Air Act (CAA).
This rule becomes effective on December 7, 2009. Interested parties may submit comments to EPA by November 9, 2009. Instructions on how to submit comments are contained in each rulemaking notice.