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COURTHOUSE NEWS SERVICE

Federal Regulation Brief

January 15, 2008
EMPLOYMENT, ENVIRONMENT, ENERGY, RESOURCES, TRIBES
Today’s Brief Includes (Dec 28—Jan 10):

Energy (DOE)

Environmental Protection (EPA)

Interior (DOI)

Labor (DOL) – no newly published regulations this week

Labor Relations (NLRB) – no newly published regulations this week

Nuclear Regulatory Commission (NRC)

ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
ENERGY EFFICIENCY AND RENEWABLE ENERGY OFFICE (EERE)

 

Consumer products, energy conservation program, energy conservation standards, new federal commercial and multi-family high-rise residential buildings and low-rise residential buildings: Energy Conservation Standards for New Federal Commercial and Multi-Family High-Rise Residential Buildings and New Federal Low-Rise Residential Buildings, Federal Register, December 21, 2007, Volume 72, Number 245, Rules and Regulations, Page 72565, 10 CFR Parts 433, 434, and 435, Docket No. EE-RM/STD-02-112, RIN 1904-AB13, Final rule.



[TEXT]  [PDF]

(This final rule is effective January 22, 2008.)


SUMMARY: The U.S. Department of Energy (DOE) adopts with changes the interim final rule published December 4, 2006 (71 FR 70275) that implemented provisions in the Energy Policy Act of 2005 that require the DOE to establish revised energy efficiency performance standards for the construction of all new federal buildings. The standards in this final rule apply to commercial and multi-family high-rise residential buildings and low-rise residential buildings, as designed and constructed.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

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FEDERAL ENERGY REGULATORY COMMISSION (FERC)
Facilities Design, Connections and Maintenance (FAC) Reliability Standards: Facilities Design, Connections and Maintenance Reliability Standards, Federal Register, January 9, 2008, Volume 73, Number 6, Rules and Regulations, Page 1769, Part IV, 18 CFR Part 40, Docket No. RM07-3-000, Order No. 705, Final rule.

[TEXT]  [PDF]

(This final rule is effective February 8, 2008.)


SUMMARY: Under Section 215 of the Federal Power Act, the Federal Energy Regulatory Commission (FERC or Commission) approves three Reliability Standards concerning Facilities Design, Connections and Maintenance (FAC) that were developed by the North American Electric Reliability Corporation (NERC), the Commission-certified Electric Reliability Organization (ERO) responsible for developing and enforcing mandatory Reliability Standards. Also, under Section 215(d)(5), the FERC directs the ERO to develop a modification to one of the three Reliability Standards that are approved as mandatory and enforceable. The three FAC Reliability Standards, designated FAC-010-1, FAC-011-1 and FAC-014-1, require planning authorities and reliability coordinators to establish methodologies to determine system operating limits for the Bulk-Power System in the planning and operation horizons. The FCC also approves a regional difference for the Western Interconnection administered by the Western Electricity Coordinating Council which is incorporated into FAC-010-1 and FAC-011-1. In addition, the FERC accepts three new terms for the NERC Glossary of Terms Used in Reliability Standards, remands another proposed term, and directs the ERO to submit modifications to its proposed Violation Risk Factors consistent with the FERC’s prior orders.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Standards for business practices, interstate natural gas pipelines and public utilities: Standards for Business Practices for Interstate Natural Gas Pipelines; Standards for Business Practices for Public Utilities, Federal Register, January 2, 2008, Volume 73, Number 1, Rules and Regulations, Page 38, 18 CFR Parts 38 and 284, Docket Nos. RM96-1-028 and RM05-5-004, Order No. 698-A, Order on clarification and rehearing.

[TEXT]  [PDF]

(This order on clarification and rehearing is effective January 2, 2008.)


SUMMARY: This order denies requests for rehearing, and provides clarification of the final rule issued on July 16, 2007 that incorporated by reference standards dealing with coordination of scheduling between electric utilities and natural gas pipelines that were issued by the Wholesale Gas Quadrant (WGQ) and the Wholesale

Electric Quadrant (WEQ) of the North American Energy Standards Board (NAESB), and provided policy guidance on issues relating to such coordination.


THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Transparency provisions of Section 23 of the Natural Gas Act: Transparency Provisions of Section 23 of the Natural Gas Act, Federal Register, January 4, 2008, Volume 73, Number 3, Rules and Regulations, Page 1013, Part IV, 18 CFR Parts 260, 284 and 385, Docket No. RM07-10-000, Order No. 704, Final Rule.

[TEXT]  [PDF]

(This final rule is effective February 4, 2008.)


PURPOSE: The performance of Western electric and natural gas markets early in the decade shook confidence in posted market prices for energy. In examining these markets, the Federal Energy Regulatory Commission’s (FERC's) staff found that some companies submitted false information to the publishers of natural gas price indices.
SUMMARY: FERC issues regulations requiring certain natural gas market participants to report information regarding their reporting of transactions to price index publishers and their blanket sales certificate status, and to report annually certain information regarding their wholesale, physical natural gas transactions for the previous calendar year. Certain market participants engaged in a de minimis volume of transactions are not required to report information regarding their transactions for the calendar year. The reported information makes it possible to estimate the size of the physical U.S. natural gas market, to assess the use of index pricing in that market, and to determine the size of the fixed-priced trading market that produces the information. These regulations facilitate price transparency in markets for the wholesale sale of physical natural gas in interstate commerce. The proposed rule is adopted as final, with a few changes and a few clarifications.
MARKET PARTICIPANTS: The final rule requires that any buyer or seller of more than an insignificant (de minimis) volume of natural gas report aggregate volumes of relevant transactions in an annual filing using a new form, Commission Form No. 552. A market participant that buys or sells less than a de minimis volume and that operates under blanket sales certificate authority under Sec. 284.402 or Sec. 284.284 of the Commission's regulations must also submit a Form No. 552 for identification and certain reporting purposes, but is not required to report aggregate volumes of relevant transactions. A market participant that buys or sells less than a de minimis volume but that does not operate under blanket sales certificate authority need not submit a Form No. 552. Filings of the form will be due on May 1 of each year, starting on May 1, 2009 for the calendar year 2008.
AMENDMENTS: The amendments begin on page 1031 of the linked PDF document.

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ENVIRONMENTAL PROTECTION (EPA)
NEWLY PUBLISHED REGULATIONS
Air pollutants, hazardous, national emission standards, electric arc furnace steelmaking facilities: National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities, Federal Register, December 28, 2007, Volume 72, Number 248, Rules and Regulations, Page 74087, Part III, 40 CFR Part 63, EPA-HQ-OAR-2004-0083, FRL-8509-5, RIN 2060-AM71, Final rule.

[TEXT]  [PDF]

(This final rule is effective December 28, 2007. The incorporation by reference of certain publications listed in this final rule is approved by the Director of the Federal Register as of December 28, 2007.)


SUMMARY: The Environmental Protection Agency (EPA) issues national emission standards for electric arc furnace steelmaking facilities that are area sources of hazardous air pollutants. This action establishes requirements for the control of mercury emissions that are based on the maximum achievable control technology and requirements for the control of other hazardous air pollutants that are based on generally available control technology or management practices.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air pollutants, hazardous, national emission standards, hospital ethylene oxide sterilizers: National Emission Standards for Hospital Ethylene Oxide Sterilizers, Federal Register, December 28, 2007, Volume 72, Number 248, Rules and Regulations, Page 73611, 40 CFR Part 63, EPA-HQ-OAR-2005-0171, FRL-8512-1, RIN 2060-AM14, Final rule.

[TEXT]  [PDF]

(This final rule is effective December 28, 2007.)


SUMMARY: The Environmental Protection Agency (EPA) issues national emissions standards for new and existing hospital sterilizers that emit hazardous air pollutants and are area sources within the meaning of Clean Air Act section 112(a)(2). The action is based on the EPA's determination as to what constitutes the generally available control technology or management practices for the hospital sterilizer area source category.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air pollutants, hazardous, national emission standards, paint stripping and miscellaneous surface coating operations at area sources: National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources, Federal Register, January 9, 2008, Volume 73, Number 6, Rules and Regulations, Page 1737, Part III, 40 CFR Part 63, EPA-HQ-OAR-2005-0526, FRL-8508-6, RIN 2060-AN21, Final rule.

[TEXT]  [PDF]

(This final rule is effective January 9, 2008. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 9, 2008.)


SUMMARY: This action issues national emission standards for hazardous air pollutants (NESHAP) for area sources engaged in paint stripping, surface coating of motor vehicles and mobile equipment, and miscellaneous surface coating operations. The Environmental Protection Agency (EPA) lists “Paint Stripping,” “Plastic Parts and Products (Surface Coating),” and “Autobody Refinishing Paint Shops” as area sources of hazardous air pollutants (HAP) that contribute to the risk to public health in urban areas under the Integrated Urban Air Toxics Strategy. This final rule includes emissions standards that reflect the generally available control technology or management practices in each of these area source categories. “Plastic Parts and Products (Surface Coating)” is renamed “Miscellaneous Surface Coating,” and “Autobody Refinishing Paint Shops” is renamed “Motor Vehicle and Mobile Equipment

Surface Coating” to more accurately reflect the scope of these source categories.


THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air pollutants, hazardous, national emission standards, clay ceramics manufacturing, glass manufacturing, and secondary nonferrous metals processing: National Emission Standards for Hazardous Air Pollutants for Area Sources: Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous Metals Processing, Federal Register, December 26, 2007, Volume 72, Number 246, Rules and Regulations, Page 73179, Part IV, 40 CFR Part 63, EPA-HQ-OAR-2006-0424, EPA-HQ-OAR-2006-0360, EPA-HQ-OAR-2006-0940, FRL-8508-5, Final rule.

[TEXT]  [PDF]

(This final rule is effective December 26, 2007. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of December 26, 2007.)


SUMMARY: The Environmental Protection Agency (EPA) issues national emission standards for the Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous Metals Processing area source categories. Each of these three final emissions standards reflects the generally available control technology or management practices used by sources within the respective area source category.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air pollution control, new motor vehicles and engines, nonroad diesel engines, emission standards, technical amendments and Tier 3 technical relief provision, partial withdrawal and revision: Partial Removal of Direct Final Rule and Revision of the Nonroad Diesel Technical Amendments and Tier 3 Technical Relief Provision, Federal Register, December 26, 2007, Volume 72, Number 246, Rules and Regulations, Page 72955, 40 CFR Part 89, EPA-HQ-OAR-2007-0652, FRL-8509-9, RIN 2060-A037, Final rule, partial removal, revision.

[TEXT]  [PDF]

(This final rule and partial removal are effective December 26, 2007.)


SUMMARY: Because the Environmental Protection Agency (EPA) received adverse comment, it makes a partial withdrawal and revision of the direct final rule for “Nonroad Diesel Technical Amendments and Tier 3 Technical Relief Provision” published September 18, 2007.

Air pollution, standards of performance for new stationary sources, source owners and operators, deadlines to conduct performance tests, correction: Revisions to Consolidated Federal Air Rule; Correction, Federal Register, December 28, 2007, Volume 72, Number 248, Rules and Regulations, Page 73625, 40 CFR Part 65, EPA-HQ-OAR-2007-0429, FRL-8511-7, RIN 2060-A045, Correcting amendments.

[TEXT]  [PDF]

(This correction is effective December 28, 2007.)


SUMMARY: The Environmental Protection Agency (EPA) issued a final rule August 27, 2007 (effective date November 26, 2007) that revised the General Provisions for Consolidated Federal Air Rule to allow extensions to the deadline imposed for source owners and operators to conduct required performance tests in specified extraordinary (force majeure) circumstances. The final rule inadvertently stated that the EPA was revising paragraph (c) introductory text when it actually added introductory text to paragraph (c). This action corrects this formatting error.


Air programs, ambient air quality standards, national, data handling conventions and computations, correcting amendments: Interpretation of the National Ambient Air Quality Standards for PM2.5--Correcting and Simplifying Amendment, Federal Register, January 9, 2008, Volume 73, Number 6, Rules and Regulations, Page 1497, 40 CFR Part 50, EPA-HQ-OAR-2001-0017, FRL-8502-3, RIN 2060-AO59, Direct final rule.

[TEXT]  [PDF]

(This direct final rule is effective April 8, 2008 without further notice, unless the Environmental Protection Agency (EPA) receives adverse comment by February 8, 2008. If the EPA receives adverse comment, it will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect.)


SUMMARY: The Environmental Protection Agency (EPA) recently finalized changes to the data handling conventions and computations necessary to determine when the annual and 24-hour national ambient air quality standards (NAAQS) for fine particles (generally referring to particles less than or equal to 2.5 micrometers in diameter, PM2.5) are met. These changes were made in support of revisions to the NAAQS for particulate matter (PM) that were finalized in the same rulemaking. After publication, the EPA discovered an inadvertent omission in the rule text explaining the procedures for calculating the key statistic (98th percentile) involved with determining compliance with the 24-hour PM2.5 standard in locations where extra samples of PM2.5 in ambient air were taken above the specified sampling frequency. If the error in the regulatory text is left unchanged, the resulting statistic for calculating compliance with the 24-hour PM2.5 standard would be biased low at some samplers, leading to potentially incorrect determinations that an area was attaining the NAAQS. In this direct final action, the EPA corrects this error. This correction involves the replacement of the currently used statistical formula and instructions with a simpler look-up table approach which is easier for readers to understand and which retains the intended numerical consistency with the EPA's historic practice.
CORRECTION: The correction begins on page 1502 of the linked PDF document.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air programs, approval and promulgation, state plans for designated facilities and pollutants, Iowa: Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Iowa; Clean Air Mercury Rule, Federal Register, December 26, 2007, Volume 72, Number 246, Rules and Regulations, Page 72953, 40 CFR Part 62, EPA-R07-OAR-2007-0655, FRL-8510-6, Final rule.

[TEXT]  [PDF]

(This final rule is effective January 25, 2008.)


SUMMARY: The Environmental Protection Agency (EPA) approves the State Plan submitted by Iowa on August 15, 2006, and updates to rules submitted on April 26, 2007. The plan addresses the requirements of the EPA's Clean Air Mercury Rule (CAMR), promulgated on May 18, 2005, and subsequently revised on June 9, 2006. The EPA determines that the submitted State Plan fully meets the CAMR requirements for Iowa.

The CAMR requires states to regulate emissions of mercury (Hg) from large coal-fired electric generating units (EGUs). The CAMR establishes state budgets for annual EGU Hg emissions and requires states to submit State Plans to ensure that annual EGU Hg emissions do not exceed the applicable state budget. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered CAMR cap-and-trade program. In the State Plan that the EPA approves today, Iowa has met the CAMR requirements by electing to participate in the EPA trading program.


THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air programs, stratospheric ozone protection, Essential Class I ozone-depleting substances, global laboratory and analytical use exemption extension: Protection of Stratospheric Ozone: Extension of Global Laboratory and Analytical Use Exemption for Essential Class I Ozone-Depleting Substances, Federal Register, December 27, 2007, Volume 72, Number 247, Rules and Regulations, Page 73264, 40 CFR Part 82, EPA-HQ-OAR-2007-0384, FRL-8510-9, RIN 2060-AO28, Final rule.

[TEXT]  [PDF]

(This final rule is effective December 27, 2007.)


SUMMARY: The Environmental Protection Agency (EPA) extends the global laboratory and analytical use exemption for the production and import of class I ozone-depleting substances through December 31, 2011, consistent with the recent actions by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. The exemption allows persons in the United States to produce and import controlled substances for laboratory and analytical uses that have not already been identified by the EPA as nonessential. The final rule also extends the applicability of the global laboratory and analytical use exemption to the production and import of methyl bromide for specific laboratory uses. Finally, this action eliminates the testing of organic matter in coal from the global laboratory and analytical use exemption.
AMENDMENTS: 40 CFR Part 82 is amended as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
Subpart A--Production and Consumption Controls
Section 82.8 is amended by revising paragraph (b) to read as follows:
Sec. 82.8 Grant of essential use allowances and critical use allowances.
* * * * *

(b) A global exemption for class I controlled substances for essential laboratory and analytical uses shall be in effect through December 31, 2011, subject to the restrictions in appendix G of this subpart, and subject to the record-keeping and reporting requirements at Sec. 82.13(u) through (x). There is no amount specified for this exemption.

* * * * *

Section 82.13 is amended by revising paragraphs (v), (w) introductory text, and (x) to read as follows:


Sec. 82.13 Recordkeeping and reporting requirements for class I controlled substances.
* * * * *

(v) Any distributor of laboratory supplies who purchased controlled substances under the global essential laboratory and analytical use exemption must submit quarterly (except distributors following procedures in paragraph (x) of this section) the quantity of each controlled substance purchased by each laboratory customer whose certification was previously provided to the distributor pursuant to paragraph (w) of this section.

(w) A laboratory customer purchasing a controlled substance under the global essential laboratory and analytical use exemption must provide the producer, importer or distributor with a one-time-per-year certification for each controlled substance that the substance will only be used for essential laboratory and analytical uses (defined at appendix G of this subpart) and not be resold or used in manufacturing.

* * * * *

(x) Any distributor of laboratory supplies who purchased class I controlled substances under the global essential laboratory and analytical use exemption, and who only sells the class I controlled substances as reference standards for calibrating laboratory analytical equipment, may write a letter to the Administrator requesting permission to submit the reports required under paragraph (v) of this section annually rather than quarterly. The Administrator will review the request and issue a notification of permission to file annual reports if, in the Administrator's judgment, the distributor meets the requirements of this paragraph. Upon receipt of a notification of extension from the Administrator, the distributor must submit annually the quantity of each controlled substance purchased by each laboratory customer whose certification was previously provided to the distributor pursuant to paragraph (w) of this section.

* * * * *

Appendix G to subpart A of part 82 is amended by adding item paragraph 1. (d) and by adding paragraph 5. to read as follows:
Appendix G to Subpart A of Part 82--UNEP Recommendations for Conditions Applied to Exemptions and Essential Laboratory and Analytical Uses
1. * * *

d. Testing of organic matter in coal.

* * * * *

5. Pursuant to Decision XVIII/15 of the Parties to the Montreal Protocol, methyl bromide is exempted for the following approved essential laboratory and analytical purposes listed in following items (a) through (d). Use of methyl bromide for field trials is not an approved use under the global laboratory and analytical use exemption. The provisions of Appendix G, paragraphs (1), (2), (3), and (4), regarding purity, mixing, container, and reporting requirements for other exempt ODSs, also apply to the use of methyl bromide under this exemption.

a. Methyl bromide is exempted as an approved essential laboratory and analytical use as a reference or standard to calibrate equipment which uses methyl bromide, to monitor methyl bromide emission levels, or to determine methyl bromide residue levels in goods, plants and commodities;

b. Methyl bromide is exempted as an approved essential laboratory and analytical when used in laboratory toxicological studies;

c. Methyl bromide is exempted as an approved essential laboratory and analytical use to compare the efficacy of methyl bromide and its alternatives inside a laboratory; and

d. Methyl bromide is exempted as an approved essential laboratory and analytical use as a laboratory agent which is destroyed in a chemical reaction in the manner of feedstock.

THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air programs, stratospheric ozone protection, Methyl bromide phaseout, 2008 critical use exemption: Protection of Stratospheric Ozone: The 2008 Critical Use Exemption From the Phaseout of Methyl Bromide, Federal Register, December 28, 2007, Volume 72, Number 248, Rules and Regulations, Page 74117, Part IV, 40 CFR Part 82, EPA-HQ-OAR-2006-1016, FRL-8510-8, RIN 2060-A030, Final rule.

[TEXT]  [PDF]

(This final rule is effective December 28, 2007.)


SUMMARY: The Environmental Protection Agency (EPA) finalizes an exemption to the phaseout of methyl bromide to meet the needs of 2008 critical uses. Specifically, the EPA authorizes uses that qualify for the 2008 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phaseout inventory for those uses in 2008. The EPA takes action under the authority of the Clean Air Act to reflect recent consensus decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the 18th Meeting of the Parties.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.
Air quality implementation plans, approval and promulgation, various states, air quality planning purposes, designation of areas, North Carolina: Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; North Carolina; Redesignation of the Raleigh-Durham-Chapel Hill 8-Hour Ozone Nonattainment Area to Attainment for Ozone, Federal Register, December 26, 2007, Volume 72, Number 246, Rules and Regulations, Page 72948, 40 CFR Parts 52 and 81, EPA-R04-OAR-2007-0601-200747, FRL-8510-4, Final rule.

[TEXT]  [PDF]

(This final rule is effective December 26, 2007.)


SUMMARY: The Environmental Protection Agency (EPA) approves a request submitted on June 7, 2007, from the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NCDENR), to redesignate the Raleigh-Durham-Chapel Hill 8-hour ozone nonattainment area to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS, or standard). The Raleigh-Durham-Chapel Hill 8-hour ozone area is comprised of Durham, Franklin, Granville, Johnston, Orange, Person and Wake Counties in their entireties, and Baldwin, Center, New Hope and Williams Townships in Chatham County in North Carolina (the Triangle Area). The EPA's approval of the redesignation request is based on the determination that North Carolina has demonstrated that the Triangle Area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA), including the determination that the Triangle Area has attained the 8-hour ozone standard. Additionally, the EPA approves a revision to the North Carolina State Implementation Plan (SIP) including the 8-hour ozone maintenance plan for the Triangle Area that contains the new subarea 2008 and 2017 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX), and an insignificance determination for volatile organic compounds (VOCs) contribution from motor vehicle emissions to the 8-hour ozone pollution in the entire Triangle Area. Through this action, the EPA also finds the new subarea 2008 and 2017 NOX MVEBs, and the VOC insignificance determination, adequate for the purposes of transportation conformity. The EPA also makes corrections to inadvertent errors made in the proposed rulemaking published on October 3, 2007, (72 FR 56312) to Tables 1, 6, and 7.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air quality implementation plans, approval and promulgation, various states, California: Revisions to the California State Implementation Plan, Monterey Bay Unified Air Pollution Control District and San Joaquin Valley Air Pollution Control District, Federal Register, January 2, 2008, Volume 73, Number 1, Rules and Regulations, Page 48, 40 CFR Part 52, EPA-R09-OAR-2007-1074, FRL-8504-8, Direct final rule.

[TEXT]  [PDF]

(This direct final rule is effective March 3, 2008 without further notice, unless the Environmental Protection Agency (EPA) receives adverse comments by February 1, 2008. If the EPA receives such comment, it will publish a timely withdrawal in the Federal Register to notify the public that this rule will not take effect.)


SUMMARY: The Environmental Protection Agency (EPA) takes direct final action to approve revisions to the Monterey Bay Unified Air Pollution Control District (MBUAPCD) and San Joaquin Valley Air Pollution Control District (SJVAPCD) parts of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), the EPA approves local rules that address circumvention, reduction of animal matter, and volatile organic compound (VOC) emissions from gasoline bulk storage tanks, gasoline filling stations, petroleum refinery equipment, and petroleum solvent dry cleaning.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air quality implementation plans, approval and promulgation, various states, South Dakota: Approval and Promulgation of Air Quality Implementation Plan; South Dakota; Revisions to New Source Review Rules, Federal Register, December 21, 2007, Volume 72, Number 245, Rules and Regulations, Page 72617, 40 CFR Part 52, EPA-R08-OAR-2006-0928, FRL-8509-4, Final rule.

[TEXT]  [PDF]

(This final rule is effective January 22, 2008.)


SUMMARY: The Environmental Protection Agency (EPA) approves revisions to Chapter 74:36:09 of the South Dakota Administrative Rules (Prevention of Significant Deterioration) for incorporation into the South Dakota State Implementation Plan (SIP). South Dakota adopted these rule revisions on August 29, 2006 and May 14, 2007, and submitted the requests for approval to the EPA September 1, 2006 and June 28, 2007. One rule provision that the EPA had proposed to disapprove has been corrected by South Dakota. Therefore, the EPA also approves that provision. South Dakota was granted delegation of authority by the EPA July 6, 1994, to implement and enforce the federal Prevention of Significant Deterioration (PSD) permitting regulations. As part of this final rule the EPA rescinds South Dakota's delegation of authority for implementing the federal PSD regulations. This action is taken under Section 110 of the Clean Air Act (CAA).
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air quality implementation plans, approval and promulgation, various states, Virginia: Approval and Promulgation of Air Quality Implementation Plans; Virginia; Clean Air Interstate Rule Budget Trading Programs, Federal Register, December 28, 2007, Volume 72, Number 248, Rules and Regulations, Page 73602, 40 CFR Part 52, EPA-R03-OAR-2007-0381, FRL-8510-3, Final rule.

[TEXT]  [PDF]

(This final rule is effective December 28, 2007.)


SUMMARY: The Environmental Protection Agency (EPA) approves a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision establishes budget trading programs for nitrogen oxides (NOX) annual,

NOX ozone season, and sulfur dioxides (SO2) annual emissions to address the requirements of the EPA's Clean Air Interstate Rule (CAIR). Virginia 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. The EPA determines that the SIP revision fully implements the CAIR requirements for Virginia.

Because of the SIP approval, the EPA also withdraws the CAIR Federal Implementation Plan (FIP) that addresses NOX annual, NOX ozone season, and SO2 annual emissions in Virginia.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Air quality implementation plans, approval and promulgation, various states, West Virginia, Section 110(a)(1) 8-hour ozone maintenance plan and amendments to the 1-hour ozone maintenance plan: Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and Amendments to the 1-Hour Ozone Maintenance Plan, Federal Register, January 8, 2008, Volume 73, Number 5, Rules and Regulations, Page 1282, 40 CFR Part 52, EPA-R03-OAR-2007-0215, FRL-8513-8, Final rule.

[TEXT]  [PDF]

(This final rule is effective February 7, 2008.)


SUMMARY: The Environmental Protection Agency (EPA) approves State Implementation Plan (SIP) revisions submitted by West Virginia. These revisions pertain to: the maintenance plan prepared by West Virginia to maintain the 8-hour national ambient air quality standard (NAAQS) for ozone in Greenbrier County, which is designated attainment for the ozone NAAQS; and two amendments to the existing 1-hour ozone maintenance plan, which include removal of the obligation to submit a maintenance plan for the 1-hour NAAQS eight years after approval of the initial 1-hour maintenance plan, and removal of the state's obligation to implement contingency measures upon a violation of the 1-hour NAAQS. This approval is intended to ensure federal enforceability of the state air program plan and to maintain consistency between the state-adopted plan and the approved SIP.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.
Air quality implementation plans, preparation, adoption, and submittal, prevention of significant deterioration and nonattainment new source review, reasonable possibility in recordkeeping: Prevention of Significant Deterioration and Nonattainment New Source Review: Reasonable Possibility in Recordkeeping, Federal Register, December 21, 2007, Volume 72, Number 245, Rules and Regulations, Page 72607, 40 CFR Parts 51 and 52, EPA-HQ-OAR-2001-0004, FRL-8508-4, RIN-2060-AN88, Final rule.

[TEXT]  [PDF]

(This final rule is effective January 22, 2008.)


SUMMARY: This action finalizes proposed revisions to the regulations for the major new source review (NSR) programs mandated by Parts C and D of Title I of the Clean Air Act (CAA). These changes clarify the “reasonable possibility” recordkeeping and reporting standard of the 2002 NSR reform rules. The “reasonable possibility” standard identifies for sources and reviewing authorities the criteria under which an owner or operator of a major stationary source undergoing a physical change or change in the method of operation that does not trigger major NSR permitting requirements must keep records. The standard also specifies the recordkeeping and reporting requirements on such sources. As noted in the proposal, the U.S. Court of Appeals for the DC Circuit in New York v. EPA, 413 F.3d 3 (DC Cir. 2005) (New York) remanded for the Environmental Protection Agency (EPA) either to provide an acceptable explanation for its “reasonable possibility” standard or to devise an appropriately supported alternative. To satisfy the Court's remand, the EPA clarifies what constitutes “reasonable possibility” and when the “reasonable possibility” recordkeeping requirements apply.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Difenoconazole, pesticide tolerance: Difenoconazole; Pesticide Tolerance, Federal Register, January 9, 2008, Volume 73, Number 6, Rules and Regulations, Page 1503, 40 CFR Part 180, EPA-HQ-OPP-2007-0541, FRL-8343-5, Final rule.

[TEXT]  [PDF]

(This final rule is effective January 9, 2008. Any public objections and requests for hearings must be received on or before March 10, 2008, and must be filed in accordance with the instructions provided in 40 CFR Part 178 (also see Unit I.C. of the SUPPLEMENTARY INFORMATION in the linked document).)


SUMMARY: This action establishes, increases, and removes tolerances for residues of difenoconazole and also establishes tolerances for combined residues difenoconazole and its metabolite, CGA-205375, in or on various commodities. In addition, this action revokes tolerances for secondary residues in poultry, fat, meat, and meat byproducts. The amendments begin on page 1508 of the linked document. Syngenta Crop Protection, Inc. requested these tolerances under the Federal, Food, Drug, and Cosmetic Act (FFDCA).

Mesotrione, pesticide tolerance: Mesotrione; Pesticide Tolerance, Federal Register, January 9, 2008, Volume 73, Number 6, Rules and Regulations, Page 1508, 40 CFR Part 180, EPA-HQ-OPP-2006-0093, FRL-8344-3, Final rule.

[TEXT]  [PDF]

(This final rule is effective January 9, 2008. Any public objections and requests for hearings must be received on or before March 10, 2008, and must be filed in accordance with the instructions provided in 40 CFR Part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION in the linked document).)


SUMMARY: This action establishes tolerances for residues of mesotrione in or on berry, group 13; flax, seed; lingonberry; millet, grain; and millet, forage; (at .01 parts per million) and cranberry; millet, hay; and millet, straw (at .01 parts per million). Syngenta Crop Protection requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Michigan, final authorization of state hazardous waste management program revision: Michigan: Final Authorization of State Hazardous Waste Management Program Revision, Federal Register, January 7, 2008, Volume 73, Number 4, Rules and Regulations, Page 1077, 40 CFR Part 271, Docket No. EPA-R05-RCRA-2007-0722, FRL-8514-1, Final rule.

[TEXT]  [PDF]

(This final rule is effective January 7, 2008.)


SUMMARY: The Environmental Protection Agency (EPA) grants Michigan final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA received no comments on the proposed rule. The EPA determines that these changes satisfy all requirements needed to qualify for final authorization and authorizes the state's changes through this final action.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

National emission standards for hazardous air pollutants for source categories, gasoline distribution bulk terminals, bulk plants, and pipeline facilities, and gasoline dispensing facilities: National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities, Federal Register, January 10, 2008, Volume 73, Number 7, Rules and Regulations, Page 1915, Part II, 40 CFR Part 63, EPA-HQ-OAR-2006-0406, FRL-8512-3, RIN 2060-AM74, Final rule.

[TEXT]  [PDF]

(This final rule is effective January 10, 2008. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 10, 2008.)


SUMMARY: This action issues national emission standards for hazardous air pollutants for the facilities in the gasoline distribution (Stage I) area source category. The Environmental Protection Agency (EPA) issues these emission standards for hazardous air pollutants pursuant to Clean Air Act section 112(c)(3) and 112(d)(5). The EPA adds two regulations that address the facilities contained in this area source category. The first includes requirements for bulk distribution facilities, i.e., gasoline distribution bulk terminals, bulk plants, and pipeline facilities. The second includes requirements for loading of storage tanks at gasoline dispensing facilities. The EPA also incorporates by reference four test methods. This action also finalizes the EPA’s decision not to regulate the above noted facilities under Clean Air Act section 112(c)(6).
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.

Pesticide programs, pesticide tolerance crop grouping program, technical amendment: Pesticide Tolerance Crop Grouping Program; Technical Amendment, Federal Register, January 2, 2008, Volume 73, Number 1, Rules and Regulations, Page 51, 40 CFR Part 180, EPA-HQ-OPP-2007-0766, FRL-8345-4, RIN 2070-AJ28, Final rule, technical amendment.

[TEXT]  [PDF]

(This final rule, technical amendment, is effective January 2, 2008.)


SUMMARY: The Environmental Protection Agency (EPA) issued a final rule in the Federal Register of December 7, 2007 (72 FR 69150) (FRL-8343-1), regarding amendments and revisions to the pesticide tolerance crop grouping regulations. This action is issued to correct an omission in one of the crop grouping tables and to remove unnecessary scientific names from another table.
AMENDMENT: 40 CFR part 180 is amended as follows:
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