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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 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).
This rule is effective on December 21, 2009. 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.
The following proposed SIP revision documents announcing the reopening of the public comment period for Maryland and West Virginia appear in the September 29, 2009 Federal Register:
1. Approval and Promulgation of Air Quality Implementation Plans; Maryland; Determination of Clean Data for the 1997 Fine Particulate Matter Standard (Reopening of Comment Period) – 74 FR 49834 (Proposed Rule)
SUMMARY: EPA is reopening the comment period for a notice of proposed rulemaking (NPR) published on July 31, 2009 (74 FR 38161). In the NPR, EPA proposed to determine that the Baltimore, Maryland portion of the Hagerstown-Martinsburg nonattainment areas for the 1997 National Ambient Air Quality Standard (NAAQS) fine particulate (PM2.5) have clean data for the 1997 PM2.5 NAAQS. EPA received comments from EarthJustice requesting that the 2009 monitored data referred to in the proposed rule be made available as part of the record and that the proposed rule either be revised or the comment period reopened to allow the public to consider the data. EPA is, therefore, reopening the comment period and including the data that was relied upon for the proposed clean data determination as well as the 2009 monitored data. The data relied upon by EPA is now provided in a Technical Support Document which is included in the record for this rulemaking. EPA is reopening the comment period through October 29, 2009. All comments received on or before October 29, 2009 will be entered into the public record and considered by EPA before taking final action on the proposed rule.
2. Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Determination of Clean Data for the 1997 Fine Particulate Matter Standard (Reopening of Comment Period) -- 74 FR 49833 (Proposed Rule).
SUMMARY: EPA is reopening the comment period for a notice of proposed rulemaking (NPR) published on July 31, 2009 (74 FR 38154) and corrected on August 27, 2009 (74 FR 43653). In the NPR, EPA proposed to determine that Berkeley County, part of the Hagerstown-Martinsburg MD-WV nonattainment area; Wood County and the Grant Tax District in Pleasants County, part of the Parkersburg-Marietta WV-OH nonattainment area; and Marshall County and Ohio County, part of the Wheeling WV-OH nonattainment area for the 1997 National Ambient Air Quality Standard (NAAQS) for fine particulate (PM2.5) have clean data for the 1997 PM2.5 NAAQS. EPA received comments from EarthJustice pertaining to the design value calculations for the Hagerstown-Martinsburg nonattainment area. EarthJustice also requested that the 2009 monitored data referred to in the proposed rule be made available as part of the record and that the proposed rule either be revised or the comment period reopened to allow the public to consider the data. EPA is therefore reopening the comment period and including the data that as relied upon for the clean data determination as well as the 2009 monitored data. The data relied upon by EPA is now provided in a Technical Support Document which is included in the record for this rulemaking. EPA is reopening the comment period through October 29, 2009. All comments received on or before October 29, 2009 will be entered into the public record and considered by EPA before taking final action on the proposed rule.
The following SIP approval for Pennsylvania appears in the September 25, 2009 Federal Register:
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determination of Clean Data for the 1997 Fine Particulate Matter Standard - 74 FR 48863 (Final Rule)
SUMMARY: EPA is determining that the Johnstown (Cambria and Indiana Counties), Lancaster (Lancaster County), Reading (Berks County), and York (York County), Pennsylvania nonattainment areas for the 1997 fine particulate matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS) have clean data for the 1997 PM2.5 NAAQS.
This action is effective on September 25, 2009.
The following proposed SIP revision approval for Pennsylvania appears in the September 24, 2009 Federal Register:
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Clean Air Interstate Rule; NOx SIP Call Rule; Amendments to NOx Control Rules - 74 FR 48695 (Proposed Rule).
SUMMARY: EPA is proposing to approve a revision to the Pennsylvania State Implementation Plan (SIP). The revision addresses the requirements of EPA’s Clean Air Interstate Rule (CAIR) and modifies other requirements in Pennsylvania’s SIP that interact with CAIR including: the termination of Pennsylvania’s NOx Budget Trading Program; statewide provisions for large, stationary internal combustion engines; statewide provisions for large cement kilns; provisions for small sources of NOx in the Pennsylvania portion of the Philadelphia 8-hour ozone nonattainment area; and emission reduction credits. Although the D.C. Circuit found CAIR to be flawed, the rule was remanded without vacatur and remains in place. Thus, EPA is continuing to take action on CAIR SIPs as appropriate. CAIR, as promulgated, requires States to reduce emissions of sulfur dioxide (SO2) and nitrogen oxides (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 revision that EPA is proposing to approve, Pennsylvania will meet CAIR requirements by participating in these cap-and-trade programs. EPA is proposing to approve the SIP revision, as interpreted and clarified herein, as fully implementing the CAIR requirements for Pennsylvania. Of note, a final approval action of this SIP revision will result in the automatic withdrawal of the CAIR FIP in Pennsylvania.
Interested parties may submit comments to EPA by October 26, 2009. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.
The following SIP Revision approval for Virginia appears in the September 4, 2009 Federal Register:
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Opacity Variance for Rocket Testing Operations Atlantic Research Corporation’s Orange County Facility - 74 FR 45766 (Final Rule), 74 FR 45795 (Proposed Rule)
SUMMARY: EPA is taking direct final action to approve revisions to the Commonwealth of Virginia State Implementation Plan (SIP). The revisions pertain to the addition of 9 VAC 5 Chapter 220, “Variance for Rocket Motor Test Operations at Atlantic Research Corporation Orange County Facility” and an opacity variance for the rocket motor test operations at Aerojet Corporation’s Orange County Facility, in lieu of the opacity limits established in the Virginia SIP. EPA is approving these revisions to the Commonwealth of Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).
This rule is effective on November 3, 2009. Interested parties may submit comments to EPA by October 5, 2009. Instructions on how to submit comments are contained in each rulemaking notice.