Federal Register Proposed Rules, Rules and Notices May 20, 2013

Monday, May 20,2013


1.  Access to Confidential Business Information: [FR DOC# 2013-11975] SUMMARY: EPA will authorize its contractor ABT Associates, Incorporated (ABT) and six (6) auditing organizations: Perry Johnson Registrars, Inc.; SGS North America, Inc.; SAI Global; Orion Registrar, Inc.; NSF- ISR International, and T[Uuml]V S[Uuml]D America, Inc., also known as the “Certifying Bodies”, to access Confidential Business Information (CBI) which has been submitted to EPA under the authority of all sections of the Resource Conservation and Recovery Act (RCRA) of 1976, as amended. EPA has issued regulations that outline business confidentiality provisions for the Agency and require all EPA Offices that receive information designated by the submitter, as CBI to abide by these provisions.

2. Agency Information Collection Activities; Proposals, Submissions, and Approvals:  [FR DOC# 2013-11930] SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

Proposed Rules

1. Air Quality State Implementation Plans; Approvals and Promulgations: [FR DOC# 2013-11868] SUMMARY: EPA is proposing to approve in part, and disapprove in part, the State Implementation Plan (SIP) submission, submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP) on October 31, 2011, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by the EPA, which is commonly referred to as an “infrastructure” SIP. FDEP certified that the Florida SIP contains provisions that ensure the 2008 8-hour ozone NAAQS are implemented, enforced, and maintained in Florida (hereafter referred to as “infrastructure submission”). EPA is now taking two related actions on FDEP’s infrastructure submission for Florida. First, EPA is proposing to disapprove in part portions of Florida’s infrastructure submission as it relates to the regulation of greenhouse gas (GHG) emissions. Second, EPA is proposing to determine that Florida’s infrastructure submission, addresses all other required infrastructure elements for the 2008 8-hour ozone NAAQS, with the exception of the aforementioned portions and the requirement that the SIP include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures to protect visibility in another state.

Approval and Promulgation of State Implementation Plans; State of Utah; Interstate Transport of Pollution for the 2006 PM2.5 [FR DOC# 2013-11974] SUMMARY: EPA is proposing to disapprove a portion of a State Implementation Plan (SIP) submission from the State of Utah that is intended to demonstrate that its SIP meets certain interstate transport requirements of the Clean Air Act (“Act” or “CAA”) for the 2006 fine particulate matter (“PM<INF>2.5</INF>”) National Ambient Air Quality Standards (NAAQS). This SIP submission addresses the requirement that Utah’s SIP contain adequate provisions to prohibit air emissions from adversely affecting another state’s air quality through interstate transport. Specifically, EPA is proposing to disapprove the portion of the Utah SIP submission that addresses the CAA requirement prohibiting emissions from Utah sources from significantly contributing to nonattainment of the 2006 PM<INF>2.5</INF> NAAQS in any other state or interfering with maintenance of the 2006 PM<INF>2.5</INF> NAAQS by any other state. Under a recent court decision, this disapproval does not trigger an obligation for EPA to promulgate a Federal Implementation Plan (FIP) to address these interstate transport requirements.

2. Air Quality State Implementation Plans; Partial Approvals and Partial Disapprovals: [FR DOC# 2013-11976] SUMMARY: EPA is proposing to approve in part and disapprove in part revisions to Arizona’s State Implementation Plan (SIP) for its regional haze program based on our evaluation of its supplemental submittal dated May 3, 2013. The State’s new submittal revises Arizona’s SIP that was submitted on February 28, 2011. The new revisions are in response to EPA’s proposed rule published in the Federal Register on December 21, 2012. Specifically, we propose to approve Arizona’s most recent emissions inventory for 2008, the reasonable progress analysis of coarse mass and fine soils, and aspects of the analyses and determinations of Best Available Retrofit Technology (BART) controls for four sources. These sources are Freeport-McMoRan Incorporated (FMMI) Miami Smelter, American Smelting and Refining Company (ASARCO) Hayden Smelter, Catalyst Paper, and Arizona Electric Power Cooperative (AEPCO) Apache Generating Station. However, we are proposing to disapprove other revisions to the reasonable progress analysis and some aspects of the revised BART analyses and determinations. We describe in today’s action the major elements of the State’s new SIP submittal and our assessment in terms of why we are proposing to approve or disapprove these revised elements. Today’s action does not address any other parts of Arizona’s SIP. Regional haze is caused by emissions of air pollutants from numerous sources located over a broad geographic area. The Clean Air Act (CAA) requires states to adopt and submit to EPA SIPs that assure reasonable progress toward the national goal of achieving natural visibility conditions by 2064 in 156 national parks and wilderness areas designated as Class I areas.

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