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

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The following Determination of Attainment approval for Maryland appears in the May 22, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Maryland; Baltimore Nonattainment Area Determinations of Attainment of the 1997 Annual Fine Particulate Standard - 77 FR 30208 (Final Rule)

SUMMARY:EPA is taking action to finalize two separate and independent determinations regarding the fine particulate matter (PM2.5) nonattainment area of Baltimore (hereafter referred to as the “Baltimore Area” or “Area”). First, EPA is determining that the Baltimore Area has attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA). This determination is based upon complete, quality-assured, and certified ambient air monitoring data for the 2008 – 2010 monitoring period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS, and data available to date for 2011 in EPA’s Air Quality System (AQS) database showing that the Area continues to attain. Under EPA’s PM2.5 implementation regulations, this final determination suspends obligation of the Area to submit an attainment demonstration and associated reasonably available control measures and reasonably available control technologies (RACM/RACT), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to the attainment of the standard for so long as the Area continues to attain the 1997 annual PM2.5 NAAQS. EPA is also determining, based on complete quality-assured and certified monitoring data for the 2007 – 2009 monitoring period, that the Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010. EPA is finalizing a determination of attainment for the Baltimore Area, in accordance with the requirements of the (CAA).

This final rule becomes effective on June 21, 2012.

The following Determinations of Attainment approval for Delaware and Pennsylvania appears in the May 16, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Delaware, New Jersey, and Pennsylvania; Determinations of Attainment of the 1997 Annual Fine Particulate Standard for the Philadelphia-Wilmington Nonattainment Area - 77 FR 28782 (Final Rule)

SUMMARY:EPA is making two determinations regarding the Philadelphia-Wilmington, PA-NJ-DE fine particulate (PM2.5) nonattainment area (the Philadelphia Area). First, EPA is making a determination that the Philadelphia Area has attained the 1997 annual PM2.5 national ambient air quality standard (NAAQS) by its attainment date of April 5, 2010. This determination is based upon quality assured and certified ambient air monitoring data that show the area monitored attainment of the 1997 annual PM2.5 NAAQS for the 2007-2009 monitoring period. Second, EPA is making a clean data determination, finding that the Philadelphia Area has attained the 1997 PM2.5 NAAQS, based on quality assured and certified ambient air monitoring data for the 2007-2009 and 2008-2010 monitoring periods. In accordance with EPA’s applicable PM2.5 implementation rule, this determination suspends the requirement for the Philadelphia Area to submit an attainment demonstration, reasonably available control measures/reasonably available control technology (RACM/RACT), a reasonable further progress (RFP) plan, and contingency measures related to attainment of the 1997 annual PM2.5 NAAQS for so long as the area continues to attain the 1997 annual PM2.5 NAAQS. These actions are being taken under the Clean Air Act (CAA).

This final rule becomes effective on June 15, 2012.

The following SIP revision approval for Delaware appears in the May 15, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to the Control of Nitrogen Oxides Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries - 77 FR 28489 (Final Rule)

SUMMARY:EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. This revision amends Delaware’s regulation that establishes controls for nitrogen oxides (NOx) emissions from industrial boilers and process heaters at petroleum refineries. The revision is a NOx emission limit for the fluid catalytic cracking unit carbon monoxide (CO) boiler at the Delaware City Refinery to provide for a facility-wide NOx emission cap compliance alternative. EPA is approving this SIP revision in accordance with the requirements of the Clean Air Act (CAA).

This rule is effective on June 14, 2012.

The following SIP Revision approval for Maryland appears in the May 15, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Maryland; Permit to Construct Exemptions - 77 FR 28491 (Final Rule), 77 FR 28543 (Proposed Rule)

SUMMARY: EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The revisions pertain to sources which are exempt from preconstruction permitting requirements under Maryland’s New Source Review (NSR) program. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

This rule is effective on July 16, 2012. Interested parties may submit comments to EPA by June 14, 2012. Instructions on how to submit comments are contained in each rulemaking Notice.

The following SIP Revision approval for Pennsylvania appears in the May 14, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Nonattainment New Source Review Rules - 77 FR 28261 (Final Rule)

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania on August 9, 2007. This revision pertains to the preconstruction permitting requirements of Pennsylvania’s nonattainment New Source Review (NSR) program. The revision is intended to update Pennsylvania’s nonattainment NSR regulations to meet EPA’s 2002 NSR Reform regulations (NSR Reform), and to satisfy the requirements related to antibacksliding. Additionally, the proposed revision makes clarifying changes to regulations that are not related to NSR Reform. This action is being taken under the Clean Air Act (CAA).

This rule becomes effective on June 13, 2012.

The following Determination of Clean Data/Determination of Clean Data Approval for West Virginia appears in the May 14, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Ohio; Determination of Clean Data for the 2006 24-Hour Fine Particulate Standard for the Steubenville-Weirton Area - 77 FR 28264 (Final Rule)

SUMMARY: EPA is making a final determination regarding the two-state Steubenville- Weirton, Ohio-West Virginia nonattainment area (hereafter referred to as the “Steubenville-Weirton Area” or “Area”) for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS). EPA is determining that the Steubenville-Weirton Area has attained the 24-hour 2006 PM2.5 NAAQS. This determination is based upon complete, quality assured, and certified ambient air monitoring data showing that this area has monitored attainment of the 24-hour 2006 PM2.5 NAAQS based on the 2008 – 2010 data. EPA’s determination suspends the obligation of Ohio and West Virginia to submit, with respect to this area, attainment demonstrations, associated reasonably available control measures (RACM), reasonable further progress plans, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the 2006 PM2.5 standard for so long as the Area continues to meet the 24-hour 2006 PM2.5 NAAQS.

This final rule becomes effective on June 13, 2012.

The following proposed SIP revision approvals Maryland appear in the May 14, 2012 Federal Register:

1. Approval and Promulgation of Air Quality Implementation Plans; Maryland; Offset Lithographic Printing and Letterpress Printing Regulations - 77 FR 28336 (Proposed Rule).

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland (Maryland). This revision pertains to amendments to the Code of Maryland (COMAR) 26.11.19.11, Lithographic and Letterpress Printing. Maryland’s SIP revision meets the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA’s Control Techniques Guidelines (CTG) for offset lithographic printing and letterpress printing. This will help Maryland attain and maintain the National Ambient Air Quality Standard (NAAQS) for ozone. This action is being taken under the Clean Air Act (CAA).

Interested parties may submit comments to EPA by June 13, 2012. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.

2. Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonably Available Control Technology for the 1997 8-Hour Ozone National Ambient Air Quality Standard - 77 FR 28338 (Proposed Rule).

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision pertains to the requirements for meeting reasonably available control technology (RACT) for the 1997 8-hour ozone national ambient air quality standard (NAAQS). These requirements are based on: A certification that previously adopted RACT controls in Maryland’s SIP, that were approved by EPA under the 1-hour ozone NAAQS, are based on the currently available technically and economically feasible controls, and that they continue to represent RACT for the 1997 8-hour ozone NAAQS implementation purposes; a negative declaration demonstrating that no facilities exist in the State for the applicable control technique guideline (CTG) categories; and adoption of new or more stringent RACT determinations. This action is being taken in accordance with the requirements of the Clean Air Act (CAA).

Interested parties may submit comments to EPA by June 13, 2012. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking..

The following SIP Revision approval for Maryland appears in the May 4, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Maryland; Approval of 2011 Consent Decree to Control Emissions from the GenOn Chalk Point Generating Station; Removal of 1978 and 1979 Consent Orders - 77 FR 26438 (Final Rule), 77 FR 26474 (Proposed Rule)

SUMMARY: EPA is taking direct final action to approve State Implementation Plan (SIP) revisions submitted by the Maryland Department of the Environment (MDE) pertaining to the GenOn Chalk Point Generating Station (Chalk Point). These revisions approve specific provisions of a 2011 Consent Decree between MDE and GenOn to reduce particulate matter (PM), sulfur oxides (SOx), and nitrogen oxides (NOx) from Chalk Point. These revisions also remove the 1978 and 1979 Consent Orders for the Chalk Point generating station from the Maryland SIP as those Consent Orders have been superseded by the 2011 Consent Decree. EPA is approving these SIP revisions because the reductions of PM, SOx, and NOx are beneficial for reducing ambient levels of the PM, sulfur dioxide (SO2), nitrogen dioxide (NO2) and ozone. They also reduce visible emissions from Chalk Point. This action is being taken under the Clean Air Act (CAA).

This rule is effective on July 3, 2012. Interested parties may submit comments to EPA by June 4, 2012. Instructions on how to submit comments are contained in each rulemaking notice.

The following SIP Revision approval for Maryland appears in the May 2, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Maryland; Removal of the 1980 Consent Order for the Maryland Slag Company - 77 FR 25901 (Final Rule), 77 FR 25953 (Proposed Rule)

SUMMARY: EPA is taking direct final action to approve a revision to the Maryland State Implementation Plan (SIP). The revision removes a 1980 Consent Order issued to the Maryland Slag Company (now known as MultServ). The 1980 Consent Order is no longer required to satisfy any applicable Federal regulations and the Clean Air Act (CAA). EPA is approving this revision in accordance with the requirements of the CAA.

This rule is effective on July 2, 2012. Interested parties may submit comments to EPA by June 1, 2012. Instructions on how to submit comments are contained in each rulemaking notice.

The following SIP revision approval for Virginia appears in the April 26, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Transcontinental Gas Pipe Line Corporation Permit From State Implementation Plan - 77 FR 24843 (Direct final rule), 77 FR 24883 (Proposed Rule)

SUMMARY: EPA is taking direct final action to approve a revision to the Virginia State Implementation Plan (SIP). The revision pertains to a Transcontinental Gas Pipe Line Corporation (Transco) operating permit that EPA approved into the Virginia SIP to meet nitrogen oxides (NOX) reduction requirements for large stationary internal combustion engines under the NOX SIP Call. Transco Station 175 has permanently shut down, and this revision removes the permit from the Virginia SIP. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

This rule is effective on June 25, 2012. Interested parties may submit comments to EPA by May 29, 2012. Instructions on how to submit comments are contained in each rulemaking notice.

The following proposed SIP revision approval for Virginia appears in the April 17, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Virginia; Deferral for CO2 Emissions from Bioenergy and other Biogenic Sources Under the Prevention of Significant Deterioration Program - 77 FR 23178 (Proposed Rule)

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Virginia Department of Environmental Quality (VADEQ) on December 14, 2011. This revision proposes to defer until July 21, 2014 the application of the Prevention of Significant Deterioration (PSD) permitting requirements to biogenic carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources in the Commonwealth of Virginia. This action is being taken under the Clean Air Act (CAA).

Interested parties may submit comments to EPA by May 18, 2012. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.

The following SIP revision approval for Delaware appears in the April 13, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to the Handling, Storage, and Disposal of Volatile Organic Compounds Emissions; Automobile and Light-Duty Truck Coating Operations; Paper Coating; Coating of Flat Wood Paneling; Graphic Art Systems; and Industrial Cleaning Solvents - 77 FR 22224 (Final Rule)

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. This revision amends the control of volatile organic compound (VOC) emissions from industrial cleaning solvents facilities; automobile and light-duty truck coating operations; paper, film, and foil coating units; flat wood paneling products; and flexible packaging printing presses. EPA is approving this SIP revision to meet the requirements to implement reasonably available control technology (RACT) controls on emission sources covered by EPA’s control techniques guidelines (CTG) in accordance with the requirements of the Clean Air Act (CAA).

This rule is effective on May 14, 2012.

The following proposed SIP Revision approval for Pennsylvania appears in the April 12, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Streamlining Amendments to the Plan Approval Regulations - 77 FR 21908 (Proposed Rule)

SUMMARY: EPA is proposing to grant limited approval to a State Implementation Plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) on April 14, 2009. The revision pertains to PADEP’s plan approval requirements for the construction, modification, and operation of sources, and is primarily intended to streamline the process for minor permitting actions. This action is being taken under the Clean Air Act (CAA).

Interested parties may submit comments to EPA by May 14, 2012. Instructions on how to submit comments are contained in the rulemaking notice.

The following Determination of Attainment approval for Pennsylvania appears in the March 29, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determinations of Clean Data for the 2006 24-Hour Fine Particulate Standard for the Harrisburg-Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster Nonattainment Areas - 77 FR 18922 (Final Rule)

SUMMARY: EPA is making a final determination regarding the Harrisburg-Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster nonattainment areas (hereafter referred to as “Areas”) for the 24-hour 2006 fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). EPA is determining that the Areas have clean data for the 24-hour 2006 PM2.5 NAAQS. These determinations are based upon complete, quality-assured, quality controlled, and certified ambient air monitoring data showing that these Areas have monitored attainment of the 24-hour 2006 PM2.5 NAAQS based on the 2008-2010 data in EPA’s Air Quality System (AQS) database. EPA’s determinations relieve these Areas from the requirements to submit 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 for so long as these Areas continue to meet the 24-hour 2006 PM2.5 NAAQS.

This rule becomes effective on April 30, 2012.

The following proposed SIP Revision approval for Pennsylvania appears in the March 29, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Nonattainment New Source Review; Fine Particulate Matter (PM2.5) - 77 FR 18987 (Proposed Rule)

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions pertaining to Pennsylvania’s nonattainment New Source Review (NSR) program incorporate preconstruction permitting regulations for fine particulate matter (PM2.5) into the Pennsylvania SIP. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

Interested parties may submit comments to EPA by April 30, 2012. Instructions on how to submit comments are contained in the rulemaking notice.

The following Determination of Clean Data/Determination of Attainment Approvals for Delaware, Maryland, and Pennsylvania appear in the March 26, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Delaware, Maryland, New Jersey, and Pennsylvania; Determinations of Attainment of the 1997 8-Hour Ozone Standard for the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area - 77 FR 17341(Final Rule).

SUMMARY: EPA is making two determinations regarding the Philadelphia-Wilmington-Atlantic City, PA–NJ–MD–DE 8-hour ozone moderate nonattainment area (the Philadelphia Area). First, EPA is determining that the Philadelphia Area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon complete, quality assured, and certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2008–2010 monitoring period. In accordance with EPA’s applicable ozone implementation rule, this clean data determination suspends the requirement for the Philadelphia Area to submit an attainment demonstration, reasonably available control measures (RACM), a reasonable further progress (RFP) plan and contingency measures related to attainment of the 1997 8-hours ozone NAAQS. These requirements shall be suspended for so long as the area continues to attain the 1997 8-hour ozone NAAQS. Second, EPA is determining that the Philadelphia Area has attained the 1997 8-hour ozone NAAQS by its attainment date of June 15, 2011. These actions are being taken under the Clean Air Act (CAA).

This final rule becomes effective on April 25, 2012.

The following SIP revision limited approval and limited disapproval for West Virginia appears in the March 23, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Regional Haze State Implementation Plan - 77 FR 16937 (Final Rule).

SUMMARY: EPA is finalizing the limited approval and limited disapproval of West Virginia’s Regional Haze State Implementation Plan (SIP) revision. EPA is taking this action because West Virginia’s SIP revision, as a whole, strengthens the West Virginia SIP. We are finalizing our limited disapproval of the same SIP revision 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). This action is being taken in accordance with the requirements of the Clean Air Act (CAA) and EPA’s rules for states to prevent and remedy future and existing anthropogenic impairment of visibility in mandatory Class I areas through a regional haze program. EPA is also approving 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.

This final rule becomes effective on April 23, 2012.

The following proposed SIP revision approval Maryland appears in the March 19, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Maryland; Maryland; Preconstruction Requirements-Prevention of Significant Deterioration and Nonattainment New Source Review - 77 FR 15985 (Proposed Rule).

SUMMARY: EPA is proposing to approve several revisions to the Maryland State Implementation Plan (SIP) submitted by the Maryland Department of the Environment (MDE). These revisions pertain to preconstruction requirements under the Prevention of Significant Deterioration (PSD) and non-attainment New Source Review (NSR) programs. The proposed SIP revisions will satisfy the following required SIP elements: NSR Reform, NOx as a precursor to ozone, PM2.5, and Greenhouse Gases (GHGs). Additionally, EPA is proposing, as a separate action, to approve Maryland’s submittals for purposes of meeting the infrastructure requirements of the Clean Air Act (CAA) which relate to Maryland's PSD permitting program and are necessary to implement, maintain, and enforce the 1997 8-hour ozone and PM2.5 National Ambient Air Quality Standards (NAAQS) and the 2006 PM2.5 NAAQS. This action is being taken under the CAA.

Interested parties may submit comments to EPA by April 18, 2012. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.

The following Determination of Attainment withdrawal of approval for Delaware, New Jersey, and Pennsylvania appears in the March 13, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Determinations of Attainment of the 1997 Annual Fine Particulate Standard for the Philadelphia-Wilmington Nonattainment Area; Withdrawal of Direct Final Rule – 77 FR 14697

SUMMARY: Due to an adverse comment, EPA is withdrawing the direct final rule, published on January 23, 2012 (77 FR 3147), that made two determinations regarding the Philadelphia-Wilmington fine particulate (PM2.5) nonattainment area (the Philadelphia Area), which is comprised of the New Castle County in Delaware; Burlington, Camden, and Gloucester Counties in New Jersey; and Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties in Pennsylvania. First, EPA made a determination that the Philadelphia Area attained the 1997 annual PM2.5 national ambient air quality standard (NAAQS) by its attainment date of April 5, 2010. Second, EPA made a clean data determination, finding that the Philadelphia Area has attained the 1997 PM2.5 NAAQS, based on quality assured and certified ambient air monitoring data for the 2007-2009 and 2008-2010 monitoring periods. In the direct final rule, EPA stated that if we received adverse comment by February 22, 2012, the rule would be withdrawn and not take effect. EPA subsequently received adverse comments. EPA will address the comments received in a subsequent final action based upon the proposed action also published on January 23, 2012 (77 FR 3223). EPA will not institute a second comment period on this action.

The direct final rule is withdrawn as of March 13, 2012.

The following Determination of Attainment approval for the District of Columbia, Maryland, and Virginia appears in the February 28, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, and Virginia; Determinations of Attainment of the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Washington, DC-MD-VA 8-Hour Ozone Moderate Nonattainment Area –77 FR 11739 (Final Rule)

SUMMARY: EPA is making two determinations regarding the Washington, DC-MD-VA moderate 8-hour ozone nonattainment area (the Washington Area). First, EPA is making a determination that the Washington Area has attained the 1997 8-hour ozone national ambient air quality standard (NAAQS) by its June 15, 2010 attainment date. This determination is based upon complete, quality assured, and certified ambient air monitoring data that show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007-2009 monitoring period. Second, EPA is making a clean data determination, finding that the Washington Area has attained the 1997 8-hour ozone NAAQS, based on complete, quality assured, and certified ambient air monitoring data for the 2007-2009 and 2008-2010 monitoring periods. In accordance with EPA’s applicable ozone implementation rule, this clean data determination suspends the requirement for the Washington Area to submit an attainment demonstration, reasonably available control measures (RACM), a reasonable further progress (RFP) plan and contingency measures related to attainment of the 1997 8-hours ozone NAAQS. These requirements shall be suspended for so long as the area continues to attain the 1997 8-hour ozone NAAQS. These actions are being taken under the Clean Air Act (CAA).

This final rule becomes effective on March 29, 2012.

The following proposed SIP revision approval for Maryland appears in the February 28, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Maryland; Regional Haze State Implementation Plan - 77 FR 11827 (Proposed Rule).

SUMMARY: EPA is proposing to approve a revision to the Maryland State Implementation Plan (SIP) submitted by the State of Maryland through the Maryland Department of the Environment (MDE) on February 13, 2012, 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 to determine that the Regional Haze plan submitted by Maryland satisfies the requirements of the CAA. EPA is taking this action pursuant to those provisions of the CAA. 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.

Interested parties may submit comments to EPA by March 29, 2012. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.

The following proposed SIP revision approval for West Virginia appears in the February 22, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Amendments to West Virginia’s Ambient Air Quality Standards –77 FR 10423 (Proposed Rule)

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of West Virginia (West Virginia). This revision pertains to amendments of West Virginia’s Legislative Rule regarding ambient air quality standards (45CSR8- Ambient Air Quality Standards). These amendments incorporate by reference the National Ambient Air Quality Standards (NAAQS) for sulfur dioxide, particulate matter, carbon monoxide, ozone, nitrogen dioxide, and lead. This action is being taken under the Clean Air Act (CAA).

Interested parties may submit comments to EPA by March 23, 2012. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.

The following SIP revision limited approval for Maryland appears in the February 10, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Maryland; Preconstruction Permitting Requirements for Electric Generating Stations in Maryland –77 FR 6963 (Final Rule).

SUMMARY: EPA is granting limited approval of a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE). This SIP revision revises and supplements the Maryland SIP by adding the preconstruction permitting requirements for electric generating stations that are required to receive a Certificate of Public Convenience and Necessity (CPCN) from the Maryland Public Service Commission (PSC) before commencing construction or modification. The SIP revision also requires electric generating stations to obtain a preconstruction permit from MDE when a CPCN is not required under the PSC regulations and statutes. EPA is granting limited approval of these revisions to Maryland’s preconstruction program for electric generating stations in accordance with the requirements of the Clean Air Act (CAA).

This rule becomes effective on March 12, 2012.

The following SIP Revision approval for Virginia appears in the February 3, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to Virginia’s Regulation Regarding the Sulfur Dioxide National Ambient Air Quality Standard – 77 FR 5400 (Final Rule)

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia (Virginia). This revision pertains to amendments of Virginia’s regulations regarding the 2010 1-hour primary national ambient air quality standard (NAAQS) for sulfur dioxide (SO2). This action is being taken under the Clean Air Act (CAA).

This rule is effective on March 5, 2012.

The following proposed SIP revision approval for Delaware appears in the February 2, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to the Handling, Storage, and Disposal of Volatile Organic Compounds Emissions – 77 FR 5207 (Proposed Rule)

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision amends the control of volatile organic compound (VOC) emissions from industrial cleaning solvents facilities, automobile and light duty truck coating operations, paper, film, foil coating units, flat wood paneling products, and flexible packaging printing presses. This action is being taken under the Clean Air Act (CAA).

Interested parties may submit comments to EPA by March 5, 2012. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.

The following SIP revision approval for the District of Columbia appears in the February 2, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Regional Haze State Implementation Plan – 77 FR 5191 (Final Rule)

SUMMARY: EPA is approving the District of Columbia Regional Haze Plan, a revision to the District of Columbia State Implementation Plan (SIP) addressing Clean Air Act (CAA) requirements and EPA's rules for states to prevent and remedy future and existing anthropogenic impairment of visibility in mandatory Class I areas through a regional haze program. EPA is also approving this revision since it meets 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.

This final rule becomes effective on March 5, 2012.

The following Determination of Nonattainment action (40 CFR Part 81) for Maryland appears in the February 1, 2012 Federal Register:

Determination of Failure to Attain by 2005 and Determination of Current Attainment of the 1-Hour Ozone National Ambient Air Quality Standards in the Baltimore Nonattainment Area in Maryland - 77 FR 4901 (Final Rule).

SUMMARY:EPA is making a determination that the Baltimore moderate 8-hour ozone nonattainment area (the Baltimore Area) did not attain the 1997 8-hour ozone national ambient air quality standard (NAAQS) by its June 15, 2011 attainment date. The attainment date for moderate ozone nonattainment areas was June 15, 2010. However, the Baltimore Area qualified for a 1-year extension of its attainment date and EPA extended the area’s attainment date to June 15, 2011. This determination is based on EPA’s review of complete, quality assured, and certified ambient air quality monitoring data for the 2008-2010 monitoring period that are available in the EPA Air Quality System (AQS) database. As a result of this determination, the Baltimore Area is reclassified by operation of law as a serious 8-hour ozone nonattainment area for the 1997 8-hour ozone standard. Consequently, the State of Maryland must submit State Implementation Plan (SIP) revisions for the Baltimore Area to meet the Clean Air Act (CAA) requirements for serious ozone nonattainment areas. In this action, EPA is setting the due date for the State of Maryland to submit the necessary SIP revisions to EPA as no later than September 30, 2012. The serious area attainment date for the Baltimore Area is as expeditiously as practicable, but not later than June 15, 2013. This action is being taken under the CAA.

This rule becomes effective on March 2, 2012.

The following proposed Determination of Attainment actions (40 CFR Parts 52 and 81) for Maryland appears in the February 1, 2012 Federal Register:

Determination of Failure to Attain by 2005 and Determination of Current Attainment of the 1-Hour Ozone National Ambient Air Quality Standards in the Baltimore Nonattainment Area in Maryland - 77 FR 4940 (Proposed Rule)

SUMMARY: EPA is proposing to determine that the Baltimore severe 1-hour ozone nonattainment area failed to attain the 1-hour ozone National Ambient Air Quality Standards (NAAQS) by the applicable attainment date of November 15, 2005, based on three years of complete, quality-assured and certified ambient air quality monitoring data for 2003 through 2005. In addition, EPA is proposing to determine that the Baltimore area is currently attaining the 1-hour ozone NAAQS. This proposed determination is based upon the most recent three years, 2008-2010, of complete, quality-assured and certified ambient air monitoring data showing the area has monitored attainment of the 1-hour ozone NAAQS. EPA’s review shows that the area has attained the 1-hour ozone NAAQS since the 2006-2008 monitoring period and that it continues to attain the 1-hour ozone NAAQS. If this latter proposed determination is made final, the requirement for the State of Maryland to submit contingency measures related to attainment of the 1-hour ozone NAAQS in the Baltimore severe 1-hour ozone nonattainment area shall be suspended.

Interested parties may submit comments to EPA by March 2, 2012. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking

The following proposed SIP Revision limited approval for Pennsylvania appears in the January 26, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Regional Haze State Implementation Plan - 77 FR 3984 (Proposed Rule)

SUMMARY: 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 (D.C. 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.

Interested parties may submit comments to EPA by February 27, 2012. Instructions on how to submit comments are contained in the rulemaking notice.

The following SIP Revision approval for Virginia appears in the January 26, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Virginia; Consumer and Commercial Products – 77 FR 3928 (Final Rule)

SUMMARY: 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).

This rule is effective on February 27, 2012.

The following proposed SIP revision limited approval and disapproval for Virginia appears in the January 25, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Virginia; Regional Haze State Implementation Plan - 77 FR 3691 (Proposed Rule)

SUMMARY: EPA is proposing a limited approval and a limited disapproval of six revisions to the Virginia State Implementation Plan (SIP) submitted by the Commonwealth of Virginia, through the Department of Environmental Quality (VADEQ), that address regional haze for the first implementation period. These revisions address the requirements of the Clean Air Act (CAA or Act) and EPA’s rules that require states to prevent any future and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas (national parks and wilderness 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 Virginia on the basis that the revisions, as a whole, strengthen the Virginia SIP. Also in this action, EPA is proposing a limited disapproval of these same SIP revisions because of the 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 (D.C. Circuit) to EPA of the Clean Air Interstate Rule (CAIR). 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.

Interested parties may submit comments to EPA by February 24, 2012. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.

The following SIP Revision approval for Pennsylvania appears in the January 24, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Clean Vehicles Program - 77 FR 3386 (Final Rule)

SUMMARY: 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.

This rule becomes effective on February 23, 2012.

The following Section 111(d)/129 Plan revision approval for West Virginia appears in the January 24, 2012 Federal Register:

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 - 77 FR 3389 (Final Rule), 77 FR 3422 (Proposed Rule)

SUMMARY: 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.

This rule is effective on March 26, 2012. Interested parties may submit comments to EPA by February 23, 2012. Instructions on how to submit comments are contained in each rulemaking notice.

The following Determination of Attainment approval for Delaware, New Jersey, and Pennsylvania appears in the January 23, 2012 Federal Register:

SUMMARY: EPA is taking direct final action to make two determinations regarding the Philadelphia-Wilmington fine particulate (PM2.5) nonattainment area (the Philadelphia Area). First, EPA is making a determination that the Philadelphia Area has attained the 1997 annual PM2.5 national ambient air quality standard (NAAQS) by its attainment date of April 5, 2010. This determination is based upon quality assured and certified ambient air monitoring data that show the area has monitored attainment of the 1997 annual PM2.5 NAAQS for the 2007-2009 monitoring period. Second, EPA is making a clean data determination, finding that the Philadelphia Area has attained the 1997 PM2.5 NAAQS, based on quality assured and certified ambient air monitoring data for the 2007-2009 and 2008-2010 monitoring periods. In accordance with EPA’s applicable PM2.5 implementation rule, this determination suspends the requirement for the Philadelphia Area to submit an attainment demonstration, reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures related to attainment of the 1997 annual PM2.5 NAAQS for so long as the area continues to attain the 1997 annual PM2.5 NAAQS. Although these requirements are suspended, EPA is not precluded from acting upon these elements at any time if submitted to EPA for review and approval. These actions are being taken under the Clean Air Act (CAA).

This rule is effective on March 23, 2012. Interested parties may submit comments to EPA by February 22, 2012. Instructions on how to submit comments are contained in each rulemaking notice.

The following proposed SIP revision approval for Delaware appears in the January 23, 2012 Federal Register:

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision amends Delaware’s regulation that establishes controls for nitrogen oxides (NOx) emissions from industrial boilers and process heaters at petroleum refineries by including a NOx emission limit for the fluid catalytic cracking unit carbon monoxide (CO) boiler at the Delaware City Refinery and providing for a facilitywide NOx emission cap compliance alternative. This SIP revision also includes a demonstration that these amendments to the existing Delaware regulation will not interfere with the attainment or maintenance of any National Ambient Air Quality Standards (NAAQS) or any other applicable requirement of the Clean Air Act (CAA). This action is being taken under the CAA.

Interested parties may submit comments to EPA by February 22, 2012. Instructions on how to submit comments are contained in the Notice of Proposed Rulemaking.

The following proposed Determination of Attainment approval for Pennsylvania appears in the January 20, 2012 Federal Register:

SUMMARY: EPA is proposing to determine that the Harrisburg-Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster nonattainment areas (hereafter referred to as “Areas”) for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) have clean data for the 2006 24-hour PM2.5 NAAQS. These proposed determinations are based upon quality-assured, quality-controlled, and certified ambient air monitoring data showing that these areas have monitored attainment of the 2006 PM2.5 NAAQS based on the 2008-2010 data available in EPA’s Air Quality System (AQS) database. If these proposed determinations are made final, the requirements for these Areas to submit an attainment demonstration, associated reasonably available control measures (RACM), a reasonable further progress plan (RFP), contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the standard shall be suspended for so long as these Areas continue to meet the 2006 24-hour PM2.5 NAAQS. This action is being taken under the Clean Air Act (CAA).

Interested parties may submit comments to EPA by February 20, 2012. Instructions on how to submit comments are contained in the rulemaking notice.

The following proposed SIP Revision approval for Pennsylvania appears in the January 20, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Nonattainment New Source Review Rules - 77 FR 2937 (Proposed Rule)

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania on August 9, 2007. This revision pertains to the preconstruction permitting requirements of Pennsylvania’s nonattainment New Source Review (NSR) program. The revision is intended to update Pennsylvania’s nonattainment NSR regulations to meet EPA’s 2002 NSR Reform regulations (NSR Reform), and to satisfy the requirements related to antibacksliding. Additionally, the proposed revision makes clarifying changes to regulations that are not related to NSR Reform. This action is being taken under the Clean Air Act (CAA).

Interested parties may submit comments to EPA by February 20, 2012. Instructions on how to submit comments are contained in the rulemaking notice.

The following Determination of Attainment approvals for the District of Columbia, Maryland, Virginia, and West Virginia appears in the January 10, 2012 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; District of Columbia,Maryland, Virginia, and West Virginia; Determinations of Attainment of the 1997 Fine Particle Standard for the Metropolitan Washington, DC-MD-VA and Martinsburg- Hagerstown, WV-MD Nonattainment Areas - 77 FR 1411 (Final Rule)

SUMMARY: EPA is making determinations that the Metropolitan Washington, District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle (PM2.5) nonattainment area and the Martinsburg-Hagerstown, West Virginia-Maryland (WV-MD) PM2.5 nonattainment area (hereafter referred to as “Areas”) have attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by their applicable attainment date of April 5, 2010. These determinations are based upon complete, quality-assured, and certified ambient air monitoring data for the 2007-2009 monitoring period. EPA is finding these Areas to be in attainment, in accordance with the requirements of the Clean Air Act (CAA).

This final rule becomes effective on February 9, 2012.

The following SIP Revision approval for Virginia appears in the December 12, 2011 Federal Register:

Approval and Promulgation of Air Quality Implementation Plans; Virginia; General Conformity Requirements for Federal Agencies Applicable to Federal Actions- 76 FR 77150 (Final Rule), 76 FR 77182 (Proposed Rule)

SUMMARY: EPA is taking direct final action to approve revisions to the Virginia State Implementation Plan (SIP). The revision consists of a regulation adopted by Virginia to incorporate revisions to Federal general conformity requirements promulgated in July of 2006 and in April of 2010. EPA is approving this Virginia SIP revision to update its state general conformity requirements rule for Federal agencies applicable to Federal actions (Virginia's General Conformity Rule) to align with the Federal General Conformity Requirements Rule. This approval action is being taken in accordance with the requirements of the Clean Air Act (CAA).

This rule is effective on February 10, 2012. Interested parties may submit comments to EPA by January 11, 2012. Instructions on how to submit comments are contained in each rulemaking notice.

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