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State Implementation Plan (SIP) Revision & Designated Pollutant Plan Approvals


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The following proposed SIP revision approvals for the District of Columbia and Pennsylvania appear in the January 21, 2015 Federal Register:

1. Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Infrastructure Requirements for the 2008 Ozone, 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air Quality Standards; Approval of Air Pollution Emergency Episode Plan - 80 FR 2865 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve portions of three State Implementation Plan (SIP) revision submittals from the District of Columbia (hereafter “the District”) pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The District has made three separate submittals addressing the infrastructure requirements for the 2008 ozone NAAQS, the 2010 nitrogen dioxide (NO2) NAAQS, and the 2010 sulfur dioxide (SO2) NAAQS. One of the infrastructure submittals also includes the “Revised Air Quality Emergency Plan for the District of Columbia” for satisfying EPA’s requirements for air quality emergency episodes. In this rulemaking action, EPA is proposing to approve, in accordance with the requirements of the CAA: The three infrastructure SIP submissions with the exception of the portions of the submittals addressing transport of pollution and the portions of the submittals addressing the Prevention of Significant Deterioration (PSD) permitting requirements; and the District’s Air Quality Emergency Plan which also meets EPA’s requirements for air pollution prevention contingency plans.

Interested parties may submit comments to EPA by February 20, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.

2. Approval and Promulgation of Implementation Plans; Pennsylvania; Pennsylvania Regional Haze State Implementation Plan Revision: Sulfur Dioxide and Nitrogen Oxide Best Available Retrofit Technology Limits for the Cheswick Power Plant 80 FR 2841 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is proposing limited approval and limited disapproval of a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP). This SIP revision addresses the sulfur dioxide (SO2) and nitrogen oxide (NOx) Best Available Retrofit Technology (BART) requirements for Boiler Number 1 of the Cheswick Generating Station (Cheswick) in Allegheny County. EPA is proposing a limited approval of the SIP revision for Cheswick’s SO2 and NOx BART requirements on the basis that the revision corrects an error in the SIP and strengthens the Pennsylvania SIP, while EPA is also proposing a limited disapproval of this part of the SIP revision because the SIP revision relies on the Clean Air Interstate Rule (CAIR) and not the Cross-State Air Pollution Rule (CSAPR) which has replaced CAIR. EPA is proposing limited approval and limited disapproval of the Pennsylvania SIP revision addressing the SO2 and NOx BART requirements in accordance with the requirements of the Clean Air Act (CAA) and EPA’s rules for BART.

Interested parties may submit comments to EPA by February 20, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.


The following SIP revision approvals for Pennsylvania and Virginia appear in the January 21, 2015 Federal Register:

1. Approval and Promulgation of Implementation Plans; Pennsylvania; Pennsylvania Regional Haze State Implementation Plan Revision - Particulate Matter Best Available Retrofit Technology Limit for the Cheswick Power Plant in Allegheny County - 80 FR 2834 (Final Rule)

SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the Pennsylvania State Implementation Plan (SIP) submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP). This SIP revision addresses an error in the Best Available Retrofit Technology (BART) requirements for Boiler Number 1 of the Cheswick Generating Station (Cheswick) in Allegheny County. EPA is approving the portion of Pennsylvania’s SIP revision addressing the particulate matter (PM) BART requirements as it is in accordance with the requirements of the Clean Air Act (CAA) and EPA’s rules for BART.

This rule becomes effective on February 20, 2015.

2. Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to the State Implementation Plan Approved by EPA through Letter Notice Actions 80 FR 2832 (Final Rule)

SUMMARY: The Environmental Protection Agency (EPA) is taking final action on administrative changes to the Virginia State Implementation Plan (SIP) which EPA had previously approved through a Letter Notice action. The revision will allow the Commonwealth of Virginia to submit SIP revision requests to EPA via electronic submission, with a caveat. EPA has approved this revision which allows electronic submission of SIP revision requests from Virginia. The Commonwealth will continue to supply additional paper copies as currently described in, and in accordance with, the requirements of the Clean Air Act (CAA) until such time as EPA amends the Federal regulations to allow sole electronic submissions of SIP requests. EPA has determined that this action falls under the “good cause” exemption in the Administrative Procedure Act (APA), which authorizes agencies to dispense with public participation and which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA).

This rule becomes effective on January 21, 2015.


The following SIP revision approval for Pennsylvania appears in the December 29, 2014 Federal Register:

Approval and Promulgation of Air Quality Implementation Plan; Pennsylvania; Determination of Attainment for the 2008 Lead National Ambient Air Quality Standard for the Lyons Nonattainment Area - 79 FR 77911 (Final Rule)

SUMMARY: The Environmental Protection Agency (EPA) is taking final action to determine that the Lyons, Pennsylvania nonattainment area (hereafter referred to as the “Lyons Area” or “Area”) has attained the 2008 lead (Pb) national ambient air quality standard (NAAQS). On March 31, 2014, the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection, submitted a request to EPA to make a determination that the Lyons Area has attained the 2008 Pb NAAQS. This determination of attainment is based upon certified, quality-assured, and quality-controlled ambient air monitoring data from 2011-2013 which shows that the Area has monitored attainment for the 2008 Pb NAAQS. Additionally, as a result of this determination, EPA is taking final action to suspend the requirements for the Area to submit an attainment demonstration, together with reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures for failure to meet RFP or attainment deadlines for so long as the Area continues to attain the 2008 Pb NAAQS. This determination does not constitute a redesignation to attainment. The Lyons Area will remain designated nonattainment for the 2008 Pb NAAQS until such time as EPA determines that the Lyons Area meets the Clean Air Act (CAA) requirements for redesignation to attainment, including an approved maintenance plan. These actions are being taken under the Clean Air Act (CAA).

This rule becomes effective on January 28, 2015.


The following proposed SIP revision approval for Pennsylvania appears in the December 22, 2014 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request and Associated Maintenance Plan for the Reading, Pennsylvania Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard, and 2007 Base Year Inventory - 79 FR 76251 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve the Commonwealth of Pennsylvania (Commonwealth or Pennsylvania) request to redesignate to attainment the Reading, Pennsylvania nonattainment area (Reading Area or the Area) for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). In addition, EPA is proposing to approve, as a revision to the Pennsylvania State Implementation Plan (SIP), the Reading Area maintenance plan to show maintenance of the 1997 annual PM2.5 NAAQS through 2025 for the Area. The maintenance plan includes the 2017 and 2025 PM2.5 and nitrogen oxides (NOx) mobile vehicle emissions budgets (MVEBs) for the Reading Area for the 1997 annual PM2.5 NAAQS, which EPA is proposing to approve for transportation conformity purposes. EPA is also proposing to find adequate the MVEBs for Berks County. Finally, EPA is proposing to approve, as a revision to the Pennsylvania SIP, the 2007 base year emissions inventory for the Area for the 1997 annual PM2.5 NAAQS.

Interested parties may submit comments to EPA by January 21, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.


The following proposed SIP revision approval for Pennsylvania/Allegheny County appears in the December 17, 2014 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to Allegheny County Rules; Preconstruction Permit Requirements - Nonattainment New Source Review -79 FR 75104 (Proposed Rule)

SUMMARY: The Environmental Protection Agency (EPA) is proposing to grant full approval for the revisions to the Commonwealth of Pennsylvania State Implementation Plan (SIP) submitted on June 25, 2012 by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD). These revisions pertain to ACHD’s Nonattainment New Source Review (NNSR) program, and implement an incorporation by reference (IBR) of Pennsylvania’s NNSR provisions. They also correct a citation error in ACHD’s NNSR regulations. This action is in accordance with the requirements of the Clean Air Act (CAA).

Interested parties may submit comments to EPA by January 16, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.


The following SIP revision approvals for the State of Maryland appear in the December 16, 2014 Federal Register:

1. Approval and Promulgation of Air Quality Implementation Plans; Maryland; Redesignation Request and Associated Maintenance Plan for the Baltimore, Maryland Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard - 79 FR 75032 (Final Rule)

SUMMARY: The Environmental Protection Agency (EPA) is approving the State of Maryland’s request to redesignate to attainment the Baltimore, Maryland Nonattainment Area (Baltimore Area or Area) for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). EPA has determined that the Baltimore Area attained the standard and that it continues to attain the standard. In addition, EPA is approving, as a revision to the Maryland State Implementation Plan (SIP), the Baltimore Area maintenance plan to show maintenance of the 1997 annual PM2.5 NAAQS through 2025 for the Area. The maintenance plan includes the 2017 and 2025 PM2.5 and nitrogen oxides (NOx) mobile vehicle emissions budgets (MVEBs) for the Baltimore Area for the 1997 annual PM2.5 NAAQS, which EPA is approving for transportation conformity purposes. These actions are being taken under the Clean Air Act (CAA).

This rule becomes effective on December 16, 2014.

2. Approval and Promulgation of Air Quality Implementation Plans; Maryland; Redesignation Request and Associated Maintenance Plan for the Maryland Portion of the Martinsburg-Hagerstown, WV-MD Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard 79 FR 75035 (Final Rule)

SUMMARY: The Environmental Protection Agency (EPA) is approving the State of Maryland’s request to redesignate to attainment the Maryland portion of the Martinsburg-Hagerstown, WV- MD Nonattainment Area (Martinsburg Area or Area) for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). The Maryland portion of the Martinsburg Area is comprised of Washington County, Maryland. EPA has found that the Martinsburg Area attained the standard and continues to attain the standard. In addition, EPA is approving, as a revision to the Maryland State Implementation Plan (SIP), the Washington County maintenance plan to show maintenance of the 1997 annual PM2.5 NAAQS through 2025 for the Maryland portion of the Area. The maintenance plan includes the 2017 and 2025 PM2.5 and nitrogen oxides (NOx) mobile vehicle emissions budgets (MVEBs) for Washington County, Maryland for the 1997 annual PM2.5 NAAQS, which EPA is proposing to approve for transportation conformity purposes. These actions are being taken under the Clean Air Act (CAA).

This rule becomes effective on December 16, 2014.


The following proposed SIP revision approval for the District of Columbia appears in the December 11, 2014 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Preconstruction Requirements – Nonattainment New Source Review -79 FR 73508 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve an April 5, 2013 State Implementation Plan (SIP) revision submitted by the District Department of the Environment (DDOE) for the District of Columbia (D.C.). This revision pertains to D.C.’s nonattainment New Source Review (NSR) program, notably provisions for Plantwide Applicability Limits (PALs) and preconstruction permitting requirements for major sources of fine particulate matter (PM2.5). This action is being taken under the Clean Air Act (CAA).

Interested parties may submit comments to EPA by January 12, 2015.  Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.


The following SIP revision approval for Pennsylvania appears in the December 8, 2014 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Harrisburg-Lebanon-Carlisle-York Nonattainment Areas to Attainment for the 1997 Annual and the 2006 24-Hour Fine Particulate Matter Standard - 79 FR 72552 (Final Rule)

SUMMARY: The Environmental Protection Agency (EPA) is approving the Commonwealth of Pennsylvania’s requests to redesignate to attainment the Harrisburg- Lebanon-Carlisle-York nonattainment areas (hereafter “the Areas”) for the 1997 annual and 2006 24-hour fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). EPA is also determining that the Areas continue to attain the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA is also approving as revisions to the Pennsylvania State Implementation Plan (SIP) the associated maintenance plans to show maintenance of the 1997 annual and 2006 24- hour PM2.5 NAAQS through 2025 for the Areas. The maintenance plans include the 2017 and 2025 PM2.5 and nitrogen oxides (NOx) mobile vehicle emissions budgets (MVEBs) for the Areas for the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA is finding the 2017 and 2025 PM2.5 and NOx MVEBs adequate for transportation conformity purposes and is finalizing the approval of the budgets. Furthermore, EPA is approving as revisions to the Pennsylvania SIP the 2007 base year emissions inventory for the Areas for the 1997 annual and the 2006 24-hour PM2.5 NAAQS.

This rule becomes effective on December 8, 2014.


The following SIP revision approval for Pennsylvania – Allegheny County appears in the November 26, 2014 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County’s Adoption of Control Techniques Guidelines for Four Industry Categories for Control of Volatile Organic Compound Emissions - 79 FR 70470 (Final Rule)

SUMMARY: The Environmental Protection Agency (EPA) is conditionally approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania on behalf of the Allegheny County Health Department (ACHD). This SIP revision includes amendments to the ACHD Rules and Regulations, Article XXI, Air Pollution Control, and meets the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA’s Control Techniques Guidelines (CTG) standards for the following categories: miscellaneous metal and/or plastic parts surface coating processes, automobile and light-duty truck assembly coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials. Upon review of the submittal, EPA found that the average monomer volatile organic compound (VOC) content limits were referenced but not included in the regulation for fiberglass boat manufacturing materials. ACHD has committed to revising the regulation and submitting the table of VOC content limits for fiberglass boat manufacturing materials to EPA in order to address specific RACT requirements for Allegheny County. EPA is, therefore, conditionally approving this revision to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).

This rule becomes effective on December 26, 2014.


The following SIP revision approval for West Virginia appears in the November 25, 2014 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; West Virginia’s Redesignation Request and Associated Maintenance Plan of the West Virginia Portion of the Martinsburg-Hagerstown, WV-MD Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard - 79 FR 70099 (Final Rule)

SUMMARY:The Environmental Protection Agency (EPA) is approving the State of West Virginia’s request to redesignate to attainment the West Virginia portion of the Martinsburg- Hagerstown, WV-MD nonattainment area (the Martinsburg Area or Area) for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). EPA is also approving as a revision to the West Virginia State Implementation Plan (SIP) the associated maintenance plan to show maintenance of the 1997 annual PM2.5 NAAQS through 2025 for the Area. As part of this action, EPA is making a determination that the Martinsburg Area continues to attain the 1997 annual PM2.5 NAAQS. The maintenance plan includes the 2017 and 2025 PM2.5 and nitrogen oxides (NOx) mobile vehicle emissions budgets (MVEBs) for Berkeley County, West Virginia for the 1997 annual PM2.5 NAAQS which EPA is approving for transportation conformity purposes. Furthermore, EPA is approving, as a revision to the West Virginia SIP, the 2007 base year emissions inventory for the Area for the 1997 annual PM2.5 NAAQS. These actions are being taken under the Clean Air Act (CAA).

This rule becomes effective on December 26, 2014.


The following SIP revision approval for Maryland in the November 25, 2014 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Maryland; Prevention of Significant Deterioration - 79 FR 70095 (Final Rule) 79 FR 70140 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The revisions incorporate by reference (IBR) the current requirements of the Federal Prevention of Significant Deterioration (PSD) program into the Maryland SIP. Additionally, the revisions will allow Maryland’s PSD program to automatically update with any revisions to the Federal regulations. EPA is approving these revisions to Maryland’s PSD program in accordance with the requirements of the Clean Air Act (CAA).

This rule becomes effective on January 26, 2015.  Interested parties may submit comments to EPA by December 26, 2014.  Instructions on how to submit comments are contained in each rulemaking notice.  


The following SIP revision approval for Allegheny County in Pennsylvania appears in the November 6, 2014 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County; Control of Outdoor Wood-Fired Boilers - 79 FR 65901 (Final Rule)

SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania pertaining to the control of particulate matter (PM) emissions from the operation of outdoor wood-fired boilers (OWBs) in Allegheny County. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

This rule becomes effective on December 8, 2014.


The following SIP revision approval for Pennsylvania in the October 16, 2014 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; State Boards Requirements - 79 FR 62003 (Final Rule) 79 FR 62090 (Proposed Rule).

SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Pennsylvania State Implementation Plan (SIP). The SIP revision addresses the State Boards’ requirements for all criteria pollutants of the National Ambient Air Quality Standards (NAAQS). EPA is also approving a related infrastructure element from Pennsylvania’s September 24, 2012 SIP submittal for the 2008 Lead NAAQS. EPA is approving this SIP revision in accordance with the requirements of the Clean Air Act (CAA).

This rule becomes effective on December 15, 2014.  Interested parties may submit comments to EPA by November 17, 2014.  Instructions on how to submit comments are contained in each rulemaking notice.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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