80 FR 29535 - Approval and Promulgation of Air Quality Implementation Plans; Illinois; Emission Limit Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 99 (May 22, 2015)
Federal Register Volume 80, Issue 99 (May 22, 2015)
| Page Range | 29535-29537 | |
| FR Document | 2015-12355 |
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)] [Rules and Regulations] [Pages 29535-29537] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12355] [[Page 29535]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2011-0969; EPA-R05-OAR-2012-0991; EPA-R05-OAR-2013-0435; FRL-9927-94-Region-5] Approval and Promulgation of Air Quality Implementation Plans; Illinois; Emission Limit Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2 , and 2010 SO2 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve some elements of state implementation plan (SIP) submissions from Illinois regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 ozone, 2010 nitrogen dioxide (NO2 ), and 2010 sulfur dioxide (SO2 ) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. In this action, EPA is specifically approving infrastructure requirements concerning emission limits and other control measures. The proposed rulemaking associated with today's final action was published on February 27, 2015, and EPA received no comments during the comment period, which ended on March 30, 2015. DATES: This final rule is effective on June 22, 2015. ADDRESSES: EPA has established dockets for this action under Docket ID No. EPA-R05-OAR-2011-0969 (2008 ozone infrastructure SIP elements), Docket ID No. EPA-R05-OAR-2012-0991 (2010 NO2 infrastructure SIP elements), and Docket ID No. EPA-R05-OAR-2013-0435 (2010 SO2 infrastructure SIP elements). All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly-available only in hard copy. Publicly- available docket materials are available either electronically in www.regulations.gov or in hard copy at the U.S. Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Sarah Arra at (312) 886-9401 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background of these SIP submissions? II. What is our response to comments received on the proposed rulemaking? III. What action is EPA taking? IV. Statutory and Executive Order Reviews. I. What is the background of these SIP submissions? A. What state SIP submission does this rulemaking address? This rulemaking addresses three submissions from December 31, 2012, and a January 9, 2015, clarification from the Illinois Environmental Protection Agency (Illinois EPA) intended to address all applicable infrastructure requirements for the 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. B. Why did the state make these SIP submissions? Under sections 110(a)(1) and (2) of the CAA, states are required to submit infrastructure SIPs to ensure that their SIPs provide for implementation, maintenance, and enforcement of the NAAQS, including the 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. These submissions must contain any revisions needed for meeting the applicable SIP requirements of section 110(a)(2), or certifications that their existing SIPs for the NAAQS already meet those requirements. EPA has highlighted this statutory requirement in multiple guidance documents, including the most recent guidance document entitled ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and (2)'' issued on September 13, 2013. C. What is the scope of this rulemaking? EPA is acting upon the SIP submissions from Illinois that address the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and these SIP submissions are to provide for the ``implementation, maintenance, and enforcement'' of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. In this specific rulemaking, EPA is only taking action on the CAA 110(a)(2)(A) requirements of these submittals. The majority of the other infrastructure elements were finalized in an October 16, 2014 (79 FR 62042), rulemaking. II. What is our response to comments received on the proposed rulemaking? The proposed rulemaking associated with today's final action was published on February 27, 2015 (80 FR 10652), and EPA received no comments during the comment period, which ended on March 30, 2015. III. What action is EPA taking? To meet the infrastructure element under CAA section 110(a)(2)(A), IEPA has identified rules and regulations that provide control measures and limit emissions of pollutants relevant to the 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. For the reasons discussed in our proposed rulemaking, EPA is taking final action to approve, as proposed, Illinois' submittal certifying that its current SIP is sufficient to meet the required infrastructure element under CAA section 110(a)(2)(A) for the 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. IV. Statutory and Executive Order Reviews. Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not [[Page 29536]] impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 21, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Nitrogen dioxide, Sulfur dioxide, Reporting and recordkeeping requirements. Dated: May 13, 2015. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. Section 52.745 is amended by revising paragraphs (e), (f), and (g) to read as follows: Sec. 52.745 Section 110(a)(2) infrastructure requirements. * * * * * (e) Approval and Disapproval--In a December 31, 2012, submittal, Illinois certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2008 ozone NAAQS except for 110(a)(2)(D)(i)(I). EPA is approving Illinois' submission addressing the infrastructure SIP requirements of section 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(i)(II) with respect to visibility protection, (D)(ii), (E) except for state board requirements, (F) through (H), (J) except for prevention of significant deterioration, and (K) through (M). EPA is disapproving Illinois' submission addressing the prevention of significant deterioration, in (C), (D)(i)(II), and the prevention of significant deterioration (PSD) portion of (J). EPA is not taking action on the state board requirements of (E). Although EPA is disapproving portions of Illinois' submission addressing the prevention of significant deterioration, Illinois continues to implement the Federally promulgated rules for this purpose as they pertain to (C), (D)(i)(II), and the prevention of significant deterioration (PSD) portion of (J). (f) Approval and Disapproval--In a December 31, 2012, submittal, Illinois certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2010 nitrogen dioxide (NO 2 ) NAAQS. EPA is approving Illinois' submission addressing the infrastructure SIP requirements of section 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(i)(I), (D)(i)(II) with respect to visibility protection, (D)(ii), (E) except for state board requirements, (F) through (H), (J) except for prevention of significant deterioration, and (K) through (M). EPA is disapproving Illinois' submission addressing the prevention of significant deterioration, in (C), (D)(i)(II), and the prevention of significant deterioration (PSD) portion of (J). EPA is not taking action on the state board requirements of (E). Although EPA is disapproving portions of Illinois' submission addressing the prevention of significant deterioration, Illinois continues to implement the Federally promulgated rules for this purpose as they pertain to (C), (D)(i)(II), and the prevention of significant deterioration (PSD) portion of (J). (g) Approval and Disapproval--In a December 31, 2012, submittal, Illinois certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2010 sulfur dioxide (SO2 ) NAAQS except for 110(a)(2)(D)(i)(I). EPA is approving Illinois' submission addressing the infrastructure SIP requirements of section 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(i)(II) with respect to visibility protection, (D)(ii), (E) except for state board requirements, (F) through (H), (J) except for prevention of significant deterioration, and (K) through (M). EPA is disapproving Illinois' submission addressing the prevention of significant deterioration, in (C), (D)(i)(II), and the prevention of significant deterioration (PSD) portion of (J). EPA is not taking action on the state board requirements of (E). [[Page 29537]] Although EPA is disapproving portions of Illinois' submission addressing the prevention of significant deterioration, Illinois continues to implement the Federally promulgated rules for this purpose as they pertain to (C), (D)(i)(II), and the prevention of significant deterioration (PSD) portion of (J). [FR Doc. 2015-12355 Filed 5-21-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations 29535
ENVIRONMENTAL PROTECTION open from 8:30 a.m. to 4:30 p.m., NAAQS. The requirement for states to
AGENCY Monday through Friday, excluding make a SIP submission of this type
Federal holidays. We recommend that arises out of CAA section 110(a)(1).
40 CFR Part 52 you telephone Sarah Arra at (312) 886– Pursuant to section 110(a)(1), states
[EPA–R05–OAR–2011–0969; EPA–R05– 9401 before visiting the Region 5 office. must make SIP submissions ‘‘within 3
OAR–2012–0991; EPA–R05–OAR–2013– FOR FURTHER INFORMATION CONTACT: years (or such shorter period as the
0435; FRL–9927–94–Region–5] Sarah Arra, Environmental Scientist, Administrator may prescribe) after the
Attainment Planning and Maintenance promulgation of a national primary
Approval and Promulgation of Air Section, Air Programs Branch (AR–18J), ambient air quality standard (or any
Quality Implementation Plans; Illinois; U.S. Environmental Protection Agency, revision thereof),’’ and these SIP
Emission Limit Infrastructure SIP Region 5, 77 West Jackson Boulevard, submissions are to provide for the
Requirements for the 2008 Ozone, 2010 Chicago, Illinois 60604, (312) 886–9401, ‘‘implementation, maintenance, and
NO2, and 2010 SO2 NAAQS arra.sarah@epa.gov. enforcement’’ of such NAAQS. The
statute directly imposes on states the
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION:
Agency (EPA). Throughout this document whenever duty to make these SIP submissions,
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean and the requirement to make the
ACTION: Final rule.
EPA. This supplementary information submissions is not conditioned upon
SUMMARY: The Environmental Protection section is arranged as follows: EPA’s taking any action other than
Agency (EPA) is taking final action to promulgating a new or revised NAAQS.
I. What is the background of these SIP Section 110(a)(2) includes a list of
approve some elements of state
submissions? specific elements that ‘‘[e]ach such
implementation plan (SIP) submissions II. What is our response to comments
from Illinois regarding the infrastructure received on the proposed rulemaking?
plan’’ submission must address.
requirements of section 110 of the Clean III. What action is EPA taking?
In this specific rulemaking, EPA is
Air Act (CAA) for the 2008 ozone, 2010 IV. Statutory and Executive Order Reviews. only taking action on the CAA
nitrogen dioxide (NO2), and 2010 sulfur 110(a)(2)(A) requirements of these
dioxide (SO2) National Ambient Air I. What is the background of these SIP submittals. The majority of the other
Quality Standards (NAAQS). The submissions? infrastructure elements were finalized
infrastructure requirements are designed A. What state SIP submission does this in an October 16, 2014 (79 FR 62042),
to ensure that the structural components rulemaking address? rulemaking.
of each state’s air quality management II. What is our response to comments
This rulemaking addresses three
program are adequate to meet the state’s received on the proposed rulemaking?
submissions from December 31, 2012,
responsibilities under the CAA. In this
and a January 9, 2015, clarification from The proposed rulemaking associated
action, EPA is specifically approving
the Illinois Environmental Protection with today’s final action was published
infrastructure requirements concerning
Agency (Illinois EPA) intended to on February 27, 2015 (80 FR 10652), and
emission limits and other control
address all applicable infrastructure EPA received no comments during the
measures. The proposed rulemaking
requirements for the 2008 ozone, 2010 comment period, which ended on
associated with today’s final action was
NO2, and 2010 SO2 NAAQS. March 30, 2015.
published on February 27, 2015, and
EPA received no comments during the B. Why did the state make these SIP III. What action is EPA taking?
comment period, which ended on submissions? To meet the infrastructure element
March 30, 2015. Under sections 110(a)(1) and (2) of the under CAA section 110(a)(2)(A), IEPA
DATES: This final rule is effective on CAA, states are required to submit has identified rules and regulations that
June 22, 2015. infrastructure SIPs to ensure that their provide control measures and limit
ADDRESSES: EPA has established dockets SIPs provide for implementation, emissions of pollutants relevant to the
for this action under Docket ID No. maintenance, and enforcement of the 2008 ozone, 2010 NO2, and 2010 SO2
EPA–R05–OAR–2011–0969 (2008 ozone NAAQS, including the 2008 ozone, NAAQS. For the reasons discussed in
infrastructure SIP elements), Docket ID 2010 NO2, and 2010 SO2 NAAQS. These our proposed rulemaking, EPA is taking
No. EPA–R05–OAR–2012–0991 (2010 submissions must contain any revisions final action to approve, as proposed,
NO2 infrastructure SIP elements), and needed for meeting the applicable SIP Illinois’ submittal certifying that its
Docket ID No. EPA–R05–OAR–2013– requirements of section 110(a)(2), or current SIP is sufficient to meet the
0435 (2010 SO2 infrastructure SIP certifications that their existing SIPs for required infrastructure element under
elements). All documents in the docket the NAAQS already meet those CAA section 110(a)(2)(A) for the 2008
are listed in the www.regulations.gov requirements. ozone, 2010 NO2, and 2010 SO2
index. Although listed in the index, EPA has highlighted this statutory NAAQS.
some information is not publicly requirement in multiple guidance
available, e.g., Confidential Business documents, including the most recent IV. Statutory and Executive Order
Information or other information whose guidance document entitled ‘‘Guidance Reviews.
disclosure is restricted by statute. on Infrastructure State Implementation Under the CAA, the Administrator is
Certain other material, such as Plan (SIP) Elements under Clean Air Act required to approve a SIP submission
copyrighted material, will be publicly- Sections 110(a)(1) and (2)’’ issued on that complies with the provisions of the
available only in hard copy. Publicly- September 13, 2013. CAA and applicable Federal regulations.
available docket materials are available 42 U.S.C. 7410(k); 40 CFR 52.02(a).
tkelley on DSK3SPTVN1PROD with RULES
either electronically in C. What is the scope of this rulemaking? Thus, in reviewing SIP submissions,
www.regulations.gov or in hard copy at EPA is acting upon the SIP EPA’s role is to approve state choices,
the U.S. Environmental Protection submissions from Illinois that address provided that they meet the criteria of
Agency, Region 5, Air and Radiation the infrastructure requirements of CAA the CAA. Accordingly, this action
Division, 77 West Jackson Boulevard, sections 110(a)(1) and 110(a)(2) for the merely approves state law as meeting
Chicago, Illinois 60604. This facility is 2008 ozone, 2010 NO2, and 2010 SO2 Federal requirements and does not
VerDate Sep<11>2014 16:56 May 21, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1](https://thefederalregister.org/doc/80_FR_29634/page/1.svg)
![Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Rules and Regulations 29537
Although EPA is disapproving portions DATES: This final rule is effective on in managing dredged materials outside
of Illinois’ submission addressing the June 22, 2015. the specific harbors provided for in the
prevention of significant deterioration, ADDRESSES: EPA has established a original designations.
Illinois continues to implement the docket for this action under Docket ID The background for today’s action is
Federally promulgated rules for this No. EPA–R02–OW–2014–0587. All discussed in detail in EPA’s October 14,
purpose as they pertain to (C), (D)(i)(II), documents in the docket are listed on 2014, proposal (79 FR 61591). The EPA
and the prevention of significant the http://www.regulations.gov Web received two comments on the proposed
deterioration (PSD) portion of (J). site. Although listed in the index, some rule that supported the rulemaking. One
[FR Doc. 2015–12355 Filed 5–21–15; 8:45 am] information is not publicly available, of the letters raised some general
e.g., CBI or other information whose concerns about the need to ensure that
BILLING CODE 6560–50–P
disclosure is restricted by statute. sensitive marine habitats are not
Certain other material, such as adversely impacted by activities
ENVIRONMENTAL PROTECTION copyrighted material, is not placed on allowed by this rulemaking.
AGENCY Modification of the designation of
the Internet and will be publicly
ocean disposal sites under 40 CFR part
available only in hard copy form.
40 CFR Part 228 228 is essentially a preliminary,
Publicly available docket materials are
planning measure. The practical effect
available either electronically through
[EPA–R2–OW–2014–0587; FRL–9928–04- of such a designation is only to require
http://www.regulations.gov or in hard
Region 2] that if future ocean disposal activity is
copy by appointment at the Dredging,
permitted and/or authorized (in the case
Sediment and Oceans Section (CWD),
Modification of the Designations of the of Corps projects) under 40 CFR part
U.S. Environmental Protection Agency,
Caribbean Ocean Dredged Material 227, then such disposal should
Region 2, 290 Broadway, New York, NY
Disposal Sites normally be consolidated at the
10007. This Docket Facility is open from designated sites (see 33 U.S.C. 1413(b).)
AGENCY: Environmental Protection 8:30 a.m. and 4:30 p.m., Monday Modification of the designation of an
Agency (EPA). through Friday, excluding legal ocean disposal site does not authorize
ACTION: Final rule. holidays. The Docket telephone number any actual disposal and does not
is 212–637–3799. preclude EPA or the Corps from finding
SUMMARY: Through this rulemaking, the FOR FURTHER INFORMATION CONTACT: available and environmentally
U.S. Environmental Protection Agency Mark Reiss, Clean Water Division preferable alternative means of
(EPA) is modifying the designations for Region 2 (24th Floor), Environmental managing dredged materials, or from
the five Ocean Dredged Material Protection Agency, 290 Broadway New finding that certain dredged material is
Disposal Sites (ODMDS) around Puerto York, NY 10007; telephone number: not suitable for ocean disposal under
Rico (San Juan Harbor, PR ODMDS; 212–637–3799; fax number: 212–637– the applicable regulatory criteria.
Yabucoa Harbor, PR ODMDS; Ponce 3891; email address: reiss.mark@ This modification provides flexibility
Harbor, PR ODMDS; Mayaguez Harbor, epa.gov. for management of dredged material
PR ODMDS; Arecibo Harbor, PR from areas outside the harbors provided
SUPPLEMENTARY INFORMATION:
ODMDS). Currently, each of the ODMDS for in the original designations.
is restricted to only allow disposal of Table of Contents However, it should be emphasized that
dredged material from the specific I. Background modification of the designations of the
harbor for which it is named. This II. Final Action ODMDS does not constitute or imply
modification removes the restriction III. Regulatory Reviews Corps’ or EPA’s approval of open water
that limits eligibility for disposal at each IV. Statutory and Executive Order Reviews disposal of dredged material from any
of the disposal sites based solely on the specific project. Before disposal of
geographic origin of the dredged I. Background
dredged material at any site may
material. The modifications to the site Section 102(c) of the Marine commence, Essential Fish Habitat and
designations do not actually authorize Protection, Research, and Sanctuaries Endangered Species Act consultations
the disposal of any particular dredged Act (MPRSA) of 1972, as amended, 33 must be completed, and EPA and the
material at any site. All proposals to U.S.C. 1401 et seq., gives the Corps must evaluate the proposal and
dispose of dredged material at any of the Administrator of EPA the authority to authorize disposal according to the
designated sites will continue to be designate sites where ocean disposal ocean dumping regulatory criteria (40
subject to project-specific reviews and may be permitted. On October 1, 1986, CFR part 227). All projects proposed for
must still be demonstrated to satisfy the the Administrator delegated the disposal at the ODMDS will be subject
criteria for ocean dumping before any authority to designate ocean disposal to review and comment by the relevant
material is authorized for disposal. This sites to the Regional Administrator of resource agencies and the public to
rulemaking was taken to provide long- the Region in which the sites are ensure that any concerns regarding
term flexibility for management of any located. These modifications are being potential impacts associated with
dredged material that may potentially be made pursuant to that authority. EPA is transport of material from the project
derived from maintenance, conducting this rulemaking to remove area to the ODMDS are addressed before
development, or emergency activities in the geographic restrictions on the origin they are authorized for disposal. All
areas outside those harbors provided for of the dredged material that can be transport and disposal activities must
in the original designations. The disposed from the designations of the adhere to the strict provisions and
modifications to the site designations San Juan Harbor, PR Ponce Harbor, PR, restrictions laid out for each site in its
tkelley on DSK3SPTVN1PROD with RULES
are for an indefinite period of time. Each Yabucoa Harbor, PR, Mayaguez Harbor, Site Monitoring and Management Plan,
ODMDS will continue to be monitored PR and Arecibo Harbor, PR ODMDSs. which include specific monitoring and
to ensure that significant unacceptable, The site modifications in this action management requirements to avoid
adverse environmental impacts do not provide the Corps, Commonwealth of impacts to sensitive habitats. Finally,
occur as a result of dredged material Puerto Rico, municipal, and private EPA has the right to disapprove the
disposal at the site. entities with greater long term flexibility actual disposal, if it determines that
VerDate Sep<11>2014 16:56 May 21, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1](https://thefederalregister.org/doc/80_FR_29634/page/3.svg)
Document Created: 2015-12-15 15:45:34
Document Modified: 2015-12-15 15:45:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on June 22, 2015. | |
| Contact | Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected] | |
| FR Citation | 80 FR 29535 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Nitrogen Dioxide; Sulfur Dioxide and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR