80 FR 33458 - Illinois; Disapproval of State Board Infrastructure SIP Requirements for the 2006 PM2.
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 113 (June 12, 2015)
Federal Register Volume 80, Issue 113 (June 12, 2015)
| Page Range | 33458-33460 | |
| FR Document | 2015-14348 |
[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)] [Proposed Rules] [Pages 33458-33460] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14348] [[Page 33458]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2009-0805; EPA-R05-OAR-2011-0969; FRL-9928-55-Region 5] Illinois; Disapproval of State Board Infrastructure SIP Requirements for the 2006 PM[bdi2]. [bdi5] and 2008 Ozone NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to disapprove an element of State Implementation Plan (SIP) submissions from Illinois regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2006 fine particulate matter (PM2.5 ) and 2008 ozone 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. This action pertains specifically to infrastructure requirements concerning state board requirements. DATES: Comments must be received on or before July 13, 2015. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2009-0805 (2006 PM2.5 infrastructure elements) and EPA- R05-OAR-2011-0969 (2008 ozone infrastructure elements) by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: aburano.douglas@epa.gov. 3. Fax: (312) 408-2279. 4. Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2009- 0805 (2006 PM2.5 infrastructure elements) and EPA-R05-OAR- 2011-0969 (2008 ozone infrastructure elements). EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: 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., CBI 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, Environmental Scientist, 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, arra.sarah@epa.gov. 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 should I consider as I prepare my comments for EPA? II. What is the background of these SIP submissions? III. What is EPA's review of these SIP submissions? IV. What action is EPA taking? V. Statutory and Executive Order Reviews I. What should I consider as I prepare my comments for EPA? When submitting comments, remember to: 1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date, and page number). 2. Follow directions--EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. 4. Describe any assumptions and provide any technical information and/or data that you used. 5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. 6. Provide specific examples to illustrate your concerns, and suggest alternatives. 7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. 8. Make sure to submit your comments by the comment period deadline identified. II. What is the background of these SIP submissions? This rulemaking addresses August 9, 2011, and December 31, 2012, submissions from the Illinois Environmental Protection Agency (Illinois EPA) intended to address all applicable infrastructure requirements for the 2006 PM2.5 and 2008 ozone 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 [[Page 33459]] 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. This specific rulemaking is only taking action on the CAA section 110(a)(2)(E)(ii) requirement of these submittals. The majority of the other infrastructure elements were approved October 29, 2012 (77 FR 65478) and October 16, 2014 (79 FR 62042), rulemakings. III. What is EPA's review of these SIP submissions? On September 13, 2013, EPA issued ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' (2013 Memo). This guidance provides, among other things, advice on the development of infrastructure SIPs for the 2006 PM2.5 and 2008 ozone NAAQS. As noted in the 2013 Memo, pursuant to CAA section 110(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. Illinois EPA provided public comment opportunities on both submittals. EPA is also soliciting comment on our evaluation of the state's infrastructure SIP submission in this notice of proposed rulemaking. Illinois provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in section 110(a)(2) for the 2006 PM2.5 and 2008 ozone NAAQS, as applicable. The following review only evaluates the state's submissions for CAA section 110(a)(2)(E)(ii) requirements. Section 110(a)(2)(E)(ii)--Compliance With State Board Requirements of Section 128 Section 110(a)(2)(E)(ii) requires each SIP to contain provisions that comply with the state board requirements of section 128 of the CAA. That provision contains two explicit requirements: (1) That any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits and enforcement orders under this chapter, and (2) that any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed. The 2013 Memo specifies that the provisions that implement CAA section 128 would need to be contained within the SIP. ``EPA would not approve an infrastructure SIP submission that only provides a narrative description of existing air agency laws, rules, and regulations that are not approved into the SIP to address CAA section 128 requirements.'' 2013 Memo at 42. After reviewing Illinois' SIP, EPA has made the preliminary determination that it does not contain provisions to comply with section 128 of the CAA, and thus Illinois' August 9, 2011, and December 31, 2012, infrastructure SIP submissions do not meet the requirements of the CAA. While Illinois has state statutes that may address, in whole or in part, requirements related to state boards at the state level, these provisions are not included in the SIP as required by the CAA. Based on an evaluation of the Federally-approved Illinois SIP, EPA is proposing to disapprove Illinois' infrastructure SIP submission in regards to meeting the requirements of section 110(a)(2)(E)(ii) of the CAA for the 2006 PM2.5 and 2008 ozone NAAQS. IV. What action is EPA taking? EPA is proposing to disapprove a portion of submissions from Illinois certifying that its current SIP is sufficient to meet the required infrastructure element under CAA section 110(a)(2)(E)(ii) for the 2006 PM2.5 and 2008 ozone NAAQS. V. Statutory and Executive Order Reviews Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and, therefore, is not subject to review by the Office of Management and Budget. Paperwork Reduction Act This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Regulatory Flexibility Act This action merely proposes to disapprove state law as not meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Unfunded Mandates Reform Act Because this rulemaking proposes to disapprove pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). Executive Order 13132: Federalism This action also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to disapprove a state rule, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments 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 proposed 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). Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This rulemaking also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it proposes to disapprove a state rule. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Because it is not a ``significant regulatory action'' under Executive Order 12866 or a ``significant energy action,'' this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, [[Page 33460]] Distribution, or Use'' (66 FR 28355, May 22, 2001). National Technology Transfer Advancement Act In reviewing state submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the state to use voluntary consensus standards (VCS), EPA has no authority to disapprove a state submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a state submission, to use VCS in place of a state submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements. Dated: May 19, 2015. Susan Hedman, Regional Administrator, Region 5. [FR Doc. 2015-14348 Filed 6-11-15; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION (2006 PM2.5 infrastructure elements) and Region 5, 77 West Jackson Boulevard,
AGENCY EPA–R05–OAR–2011–0969 (2008 ozone Chicago, Illinois 60604, (312) 886–9401,
infrastructure elements). EPA’s policy is arra.sarah@epa.gov.
40 CFR Part 52 that all comments received will be SUPPLEMENTARY INFORMATION:
[EPA–R05–OAR–2009–0805; EPA–R05– included in the public docket without Throughout this document whenever
OAR–2011–0969; FRL–9928–55–Region 5] change and may be made available ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
online at www.regulations.gov, EPA. This supplementary information
Illinois; Disapproval of State Board including any personal information section is arranged as follows:
Infrastructure SIP Requirements for provided, unless the comment includes
I. What should I consider as I prepare my
the 2006 PM2.5 and 2008 Ozone NAAQS information claimed to be Confidential comments for EPA?
Business Information (CBI) or other II. What is the background of these SIP
AGENCY: Environmental Protection information whose disclosure is submissions?
Agency (EPA). restricted by statute. Do not submit III. What is EPA’s review of these SIP
ACTION: Proposed rule. information that you consider to be CBI submissions?
or otherwise protected through IV. What action is EPA taking?
SUMMARY: The Environmental Protection V. Statutory and Executive Order Reviews
Agency (EPA) is proposing to www.regulations.gov or email. The
disapprove an element of State www.regulations.gov Web site is an I. What should I consider as I prepare
Implementation Plan (SIP) submissions ‘‘anonymous access’’ system, which my comments for EPA?
from Illinois regarding the infrastructure means EPA will not know your identity
or contact information unless you When submitting comments,
requirements of section 110 of the Clean remember to:
Air Act (CAA) for the 2006 fine provide it in the body of your comment.
If you send an email comment directly 1. Identify the rulemaking by docket
particulate matter (PM2.5) and 2008 number and other identifying
ozone National Ambient Air Quality to EPA without going through
www.regulations.gov your email address information (subject heading, Federal
Standards (NAAQS). The infrastructure Register date, and page number).
requirements are designed to ensure that will be automatically captured and
2. Follow directions—EPA may ask
the structural components of each included as part of the comment that is
you to respond to specific questions or
state’s air quality management program placed in the public docket and made
organize comments by referencing a
are adequate to meet the state’s available on the Internet. If you submit
Code of Federal Regulations (CFR) part
responsibilities under the CAA. This an electronic comment, EPA
or section number.
action pertains specifically to recommends that you include your
3. Explain why you agree or disagree;
infrastructure requirements concerning name and other contact information in
suggest alternatives and substitute
state board requirements. the body of your comment and with any
language for your requested changes.
disk or CD–ROM you submit. If EPA
DATES: Comments must be received on 4. Describe any assumptions and
cannot read your comment due to
or before July 13, 2015. provide any technical information and/
technical difficulties and cannot contact
ADDRESSES: Submit your comments, or data that you used.
you for clarification, EPA may not be
identified by Docket ID No. EPA–R05– 5. If you estimate potential costs or
able to consider your comment.
OAR–2009–0805 (2006 PM2.5 burdens, explain how you arrived at
Electronic files should avoid the use of
infrastructure elements) and EPA–R05– your estimate in sufficient detail to
special characters, any form of
OAR–2011–0969 (2008 ozone allow for it to be reproduced.
encryption, and be free of any defects or 6. Provide specific examples to
infrastructure elements) by one of the viruses.
following methods: illustrate your concerns, and suggest
Docket: All documents in the docket alternatives.
1. www.regulations.gov: Follow the are listed in the www.regulations.gov
on-line instructions for submitting 7. Explain your views as clearly as
index. Although listed in the index, possible, avoiding the use of profanity
comments. some information is not publicly
2. Email: aburano.douglas@epa.gov. or personal threats.
3. Fax: (312) 408–2279. available, e.g., CBI or other information 8. Make sure to submit your
4. Mail: Douglas Aburano, Chief, whose disclosure is restricted by statute. comments by the comment period
Attainment Planning and Maintenance Certain other material, such as deadline identified.
Section, Air Programs Branch (AR–18J), copyrighted material, will be publicly
available only in hard copy. Publicly II. What is the background of these SIP
U.S. Environmental Protection Agency,
available docket materials are available submissions?
77 West Jackson Boulevard, Chicago,
Illinois 60604. either electronically in This rulemaking addresses August 9,
5. Hand Delivery: Douglas Aburano, www.regulations.gov or in hard copy at 2011, and December 31, 2012,
Chief, Attainment Planning and the U.S. Environmental Protection submissions from the Illinois
Maintenance Section, Air Programs Agency, Region 5, Air and Radiation Environmental Protection Agency
Branch (AR–18J), U.S. Environmental Division, 77 West Jackson Boulevard, (Illinois EPA) intended to address all
Protection Agency, 77 West Jackson Chicago, Illinois 60604. This facility is applicable infrastructure requirements
Boulevard, Chicago, Illinois 60604. open from 8:30 a.m. to 4:30 p.m., for the 2006 PM2.5 and 2008 ozone
Such deliveries are only accepted Monday through Friday, excluding NAAQS.
during the Regional Office normal hours Federal holidays. We recommend that The requirement for states to make a
srobinson on DSK5SPTVN1PROD with PROPOSALS
of operation, and special arrangements you telephone Sarah Arra, SIP submission of this type arises out of
should be made for deliveries of boxed Environmental Scientist, at (312) 886– CAA section 110(a)(1). Pursuant to
information. The Regional Office official 9401 before visiting the Region 5 office. section 110(a)(1), states must make SIP
hours of business are Monday through FOR FURTHER INFORMATION CONTACT: submissions ‘‘within 3 years (or such
Friday, 8:30 a.m. to 4:30 p.m., excluding Sarah Arra, Environmental Scientist, shorter period as the Administrator may
Federal holidays. Attainment Planning and Maintenance prescribe) after the promulgation of a
Instructions: Direct your comments to Section, Air Programs Branch (AR–18J), national primary ambient air quality
Docket ID. EPA–R05–OAR–2009–0805 U.S. Environmental Protection Agency, standard (or any revision thereof),’’ and
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these SIP submissions are to provide for body or the head of an executive agency economic impact on a substantial
the ‘‘implementation, maintenance, and with similar powers be adequately number of small entities under the
enforcement’’ of such NAAQS. The disclosed. The 2013 Memo specifies that Regulatory Flexibility Act (5 U.S.C. 601
statute directly imposes on states the the provisions that implement CAA et seq.).
duty to make these SIP submissions, section 128 would need to be contained
Unfunded Mandates Reform Act
and the requirement to make the within the SIP. ‘‘EPA would not
submissions is not conditioned upon approve an infrastructure SIP Because this rulemaking proposes to
EPA’s taking any action other than submission that only provides a disapprove pre-existing requirements
promulgating a new or revised NAAQS. narrative description of existing air under state law and does not impose
Section 110(a)(2) includes a list of agency laws, rules, and regulations that any additional enforceable duty beyond
specific elements that ‘‘[e]ach such are not approved into the SIP to address that required by state law, it does not
plan’’ submission must address. CAA section 128 requirements.’’ 2013 contain any unfunded mandate or
This specific rulemaking is only Memo at 42. significantly or uniquely affect small
taking action on the CAA section After reviewing Illinois’ SIP, EPA has governments, as described in the
110(a)(2)(E)(ii) requirement of these made the preliminary determination Unfunded Mandates Reform Act of 1995
submittals. The majority of the other that it does not contain provisions to (Pub. L. 104–4).
infrastructure elements were approved comply with section 128 of the CAA,
October 29, 2012 (77 FR 65478) and and thus Illinois’ August 9, 2011, and Executive Order 13132: Federalism
October 16, 2014 (79 FR 62042), December 31, 2012, infrastructure SIP This action also does not have
rulemakings. submissions do not meet the Federalism implications because it does
requirements of the CAA. While Illinois not have substantial direct effects on the
III. What is EPA’s review of these SIP
has state statutes that may address, in states, on the relationship between the
submissions?
whole or in part, requirements related to national government and the states, or
On September 13, 2013, EPA issued state boards at the state level, these
‘‘Guidance on Infrastructure State on the distribution of power and
provisions are not included in the SIP responsibilities among the various
Implementation Plan (SIP) Elements as required by the CAA. Based on an
under Clean Air Act Sections 110(a)(1) levels of government, as specified in
evaluation of the Federally-approved Executive Order 13132 (64 FR 43255,
and 110(a)(2)’’ (2013 Memo). This Illinois SIP, EPA is proposing to
guidance provides, among other things, August 10, 1999). This action merely
disapprove Illinois’ infrastructure SIP proposes to disapprove a state rule, and
advice on the development of submission in regards to meeting the
infrastructure SIPs for the 2006 PM2.5 does not alter the relationship or the
requirements of section 110(a)(2)(E)(ii) distribution of power and
and 2008 ozone NAAQS. As noted in of the CAA for the 2006 PM2.5 and 2008
the 2013 Memo, pursuant to CAA responsibilities established in the CAA.
ozone NAAQS.
section 110(a), states must provide Executive Order 13175: Consultation
reasonable notice and opportunity for IV. What action is EPA taking?
and Coordination With Indian Tribal
public hearing for all infrastructure SIP EPA is proposing to disapprove a Governments
submissions. Illinois EPA provided portion of submissions from Illinois
public comment opportunities on both certifying that its current SIP is In addition, the SIP is not approved
submittals. EPA is also soliciting sufficient to meet the required to apply on any Indian reservation land
comment on our evaluation of the state’s infrastructure element under CAA or in any other area where EPA or an
infrastructure SIP submission in this section 110(a)(2)(E)(ii) for the 2006 Indian tribe has demonstrated that a
notice of proposed rulemaking. Illinois PM2.5 and 2008 ozone NAAQS. tribe has jurisdiction. In those areas of
provided a detailed synopsis of how Indian country, the proposed rule does
V. Statutory and Executive Order not have tribal implications and will not
various components of its SIP meet each Reviews
of the applicable requirements in impose substantial direct costs on tribal
section 110(a)(2) for the 2006 PM2.5 and Executive Order 12866: Regulatory governments or preempt tribal law as
2008 ozone NAAQS, as applicable. The Planning and Review specified by Executive Order 13175 (65
following review only evaluates the FR 67249, November 9, 2000).
Under Executive Order 12866 (58 FR
state’s submissions for CAA section 51735, October 4, 1993), this action is Executive Order 13045: Protection of
110(a)(2)(E)(ii) requirements. not a ‘‘significant regulatory action’’ Children From Environmental Health
Section 110(a)(2)(E)(ii)—Compliance and, therefore, is not subject to review and Safety Risks
With State Board Requirements of by the Office of Management and
Budget. This rulemaking also is not subject to
Section 128 Executive Order 13045 ‘‘Protection of
Section 110(a)(2)(E)(ii) requires each Paperwork Reduction Act Children from Environmental Health
SIP to contain provisions that comply This proposed rule does not impose Risks and Safety Risks’’ (62 FR 19885,
with the state board requirements of an information collection burden under April 23, 1997), because it proposes to
section 128 of the CAA. That provision the provisions of the Paperwork disapprove a state rule.
contains two explicit requirements: (1) Reduction Act of 1995 (44 U.S.C. 3501 Executive Order 13211: Actions That
That any board or body which approves et seq.). Significantly Affect Energy Supply,
permits or enforcement orders under
srobinson on DSK5SPTVN1PROD with PROPOSALS
Regulatory Flexibility Act Distribution, or Use
this chapter shall have at least a
majority of members who represent the This action merely proposes to Because it is not a ‘‘significant
public interest and do not derive any disapprove state law as not meeting regulatory action’’ under Executive
significant portion of their income from Federal requirements and imposes no Order 12866 or a ‘‘significant energy
persons subject to permits and additional requirements beyond those action,’’ this action is also not subject to
enforcement orders under this chapter, imposed by state law. Accordingly, the Executive Order 13211, ‘‘Actions
and (2) that any potential conflicts of Administrator certifies that this Concerning Regulations That
interest by members of such board or proposed rule will not have a significant Significantly Affect Energy Supply,
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![33460 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Proposed Rules
Distribution, or Use’’ (66 FR 28355, May standards (NAAQS) nonattainment area. SUPPLEMENTARY INFORMATION: For
22, 2001). Annual emissions reporting (i.e., additional information see the direct
emissions statements) and a base year final rule which is published in the
National Technology Transfer
emissions inventory are required for all Rules Section of this Federal Register.
Advancement Act
ozone nonattainment areas. The Area is A detailed rationale for the approval is
In reviewing state submissions, EPA’s comprised of the entire county of set forth in the direct final rule. If no
role is to approve state choices, Mecklenburg and a portion of Cabarrus, adverse comments are received in
provided that they meet the criteria of Gaston, Lincoln, Rowan, Union response to this rule, no further activity
the CAA. In this context, in the absence Counties in North Carolina and a is contemplated. If EPA receives adverse
of a prior existing requirement for the portion of York County in South comments, the direct final rule will be
state to use voluntary consensus Carolina. EPA has published proposed withdrawn and all comments received
standards (VCS), EPA has no authority and direct final actions on the emissions will be addressed in a subsequent final
to disapprove a state submission for inventory and emissions statements rule based on this proposed rule. EPA
failure to use VCS. It would thus be requirements for the North Carolina will not institute a second comment
inconsistent with applicable law for portion of the bi-state Charlotte Area in period on this document. Any parties
EPA, when it reviews a state separate rulemaking documents. interested in commenting on this
submission, to use VCS in place of a document should do so at this time.
DATES: Written comments must be
state submission that otherwise satisfies
received on or before July 13, 2015 Dated: May 28, 2015.
the provisions of the CAA. Thus, the
ADDRESSES: Submit your comments, Heather McTeer Toney,
requirements of section 12(d) of the
identified by Docket ID No. EPA–R04– Regional Administrator, Region 4.
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. OAR–2014–0915 by one of the following [FR Doc. 2015–14346 Filed 6–11–15; 8:45 am]
272 note) do not apply. methods: BILLING CODE 6560–50–P
1. www.regulations.gov: Follow the
List of Subjects in 40 CFR Part 52 on-line instructions for submitting
Environmental protection, Air comments. ENVIRONMENTAL PROTECTION
pollution control, Incorporation by 2. Email: R4–ARMS@epa.gov. AGENCY
reference, Intergovernmental relations, 3. Fax: (404) 562–9019.
Ozone, Particulate matter, Reporting 40 CFR Part 82
4. Mail: ‘‘EPA–R04–OAR–2014–
and recordkeeping requirements. 0915,’’ Air Regulatory Management [EPA–HQ–OAR–2013–0369; FRL–9922–39–
Section (formerly the Regulatory OAR]
Dated: May 19, 2015.
Susan Hedman, Development Section), Air Planning and RIN 2060–AS44
Regional Administrator, Region 5. Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides Protection of Stratospheric Ozone: The
[FR Doc. 2015–14348 Filed 6–11–15; 8:45 am]
and Toxics Management Division, U.S. 2016 Critical Use Exemption From the
BILLING CODE 6560–50–P
Environmental Protection Agency, Phaseout of Methyl Bromide
Region 4, 61 Forsyth Street SW.,
AGENCY: Environmental Protection
ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960.
Agency (EPA).
AGENCY 5. Hand Delivery or Courier: Lynorae
ACTION: Proposed rule.
Benjamin, Chief, Air Regulatory
40 CFR Part 52 Management Section, Air Planning and SUMMARY: The Environmental Protection
Implementation Branch, Air, Pesticides Agency (EPA) is proposing uses that
[EPA–R04–OAR–2014–0915; FRL–9928–87–
Region 4]
and Toxics Management Division, U.S. qualify for the critical use exemption
Environmental Protection Agency, and the amount of methyl bromide that
Approval and Promulgation of Region 4, 61 Forsyth Street SW., may be produced or imported for those
Implementation Plans; South Carolina; Atlanta, Georgia 30303–8960. Such uses for the 2016 control period. EPA is
Charlotte-Rock Hill; Base Year deliveries are only accepted during the proposing this action under the
Emissions Inventory and Emissions Regional Office’s normal hours of authority of the Clean Air Act to reflect
Statements Requirements for the 2008 operation. The Regional Office’s official consensus decisions of the Parties to the
8-Hour Ozone Standard hours of business are Monday through Montreal Protocol on Substances that
Friday, 8:30 a.m. to 4:30 p.m., excluding Deplete the Ozone Layer at the Twenty-
AGENCY: Environmental Protection Federal holidays. Sixth Meeting of the Parties in
Agency. Please see the direct final rule which November 2014.
ACTION: Proposed rule. is located in the Rules section of this DATES: Comments must be received on
SUMMARY: The Environmental Protection Federal Register for detailed or before July 13, 2015.
Agency (EPA) is proposing to approve instructions on how to submit ADDRESSES: Submit your comments,
the portions of the state implementation comments. identified by Docket ID No. EPA–HQ–
plan (SIP) revisions submitted by the FOR FURTHER INFORMATION CONTACT: OAR–2013–0369, to the Federal
State of South Carolina, through South Tiereny Bell, Air Regulatory eRulemaking Portal: http://
Carolina Department of Health and Management Section, Air Planning and www.regulations.gov. Follow the online
srobinson on DSK5SPTVN1PROD with PROPOSALS
Environmental Control on August 8, Implementation Branch, Air, Pesticides instructions for submitting comments.
2014, and August 22, 2014, that address and Toxics Management Division, U.S. Once submitted, comments cannot be
the base year emissions inventory and Environmental Protection Agency, edited or withdrawn. The EPA may
emissions statements requirements for Region 4, 61 Forsyth Street SW., publish any comment received to its
the State’s portion of the bi-state Atlanta, Georgia 30303–8960. Ms. Bell public docket. Do not submit
Charlotte-Gastonia-Rock Hill North can be reached at (404) 562–9088 and electronically any information you
Carolina-South Carolina 2008 8-hour via electronic mail at bell.tiereny@ consider to be Confidential Business
ozone national ambient air quality epa.gov. Information (CBI) or other information
VerDate Sep<11>2014 17:51 Jun 11, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1](https://thefederalregister.org/doc/80_FR_33571/page/3.svg)
Document Created: 2018-02-22 10:16:11
Document Modified: 2018-02-22 10:16:11
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before July 13, 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 33458 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements |
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