80 FR 47862 - Approval and Promulgation of State Implementation Plans; State of Colorado; Interstate Transport of Pollution for the 2006 24-Hour PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 153 (August 10, 2015)
Federal Register Volume 80, Issue 153 (August 10, 2015)
| Page Range | 47862-47864 | |
| FR Document | 2015-19500 |
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)] [Rules and Regulations] [Pages 47862-47864] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19500] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2012-0346; FRL-9932-04-Region 8] Approval and Promulgation of State Implementation Plans; State of Colorado; Interstate Transport of Pollution for the 2006 24-Hour PM2.5 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a May 11, 2012 State Implementation Plan (SIP) submission from the State of Colorado that is intended to demonstrate that its SIP meets certain interstate transport requirements of the Clean Air Act (Act or CAA) for the 2006 fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS). This submission addresses the requirement that Colorado's SIP contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. EPA is determining that Colorado's existing SIP contains adequate provisions to ensure that air emissions in Colorado do not significantly contribute to nonattainment or interfere with maintenance of the 2006 24-hour PM2.5 NAAQS in any other state, or interfere with another state's measures to prevent significant deterioration of air quality or to protect visibility. EPA is also approving the portion of Colorado's submission that addresses the CAA requirement that SIPs contain adequate provisions related to interstate and international pollution abatement. DATES: This final rule is effective on September 9, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2012-0346. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado [[Page 47863]] 80202-1129. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-7104, [email protected]. I. Background On September 21, 2006, EPA promulgated a final rule revising the 1997 24-hour primary and secondary NAAQS for PM2.5 from 65 micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\ (October 17, 2006, 71 FR 61144). Section 110(a)(1) of the CAA requires each state to submit to EPA, within three years (or such shorter period as the Administrator may prescribe) after the promulgation of a primary or secondary NAAQS or any revision thereof, a SIP that provides for the ``implementation, maintenance, and enforcement'' of such NAAQS. EPA refers to these specific submittals as ``infrastructure'' SIPs because they are intended to address basic structural SIP requirements for new or revised NAAQS. For the 2006 24-hour PM2.5 NAAQS, these infrastructure SIPs were due on September 21, 2009. CAA section 110(a)(2) includes a list of specific elements that ``[e]ach such plan submission'' must meet. The interstate transport provisions in CAA section 110(a)(2)(D)(i) (also called ``good neighbor'' provisions) require each state to submit a SIP that prohibits emissions that will have certain adverse air quality effects in other states. CAA section 110(a)(2)(D)(i) identifies four distinct elements related to the impacts of air pollutants transported across state lines. The two elements under 110(a)(2)(D)(i)(I) require SIPs to contain adequate provisions to prohibit any source or other type of emissions activity within the state from emitting air pollutants that will (element 1) contribute significantly to nonattainment in any other state with respect to any such national primary or secondary NAAQS, and (element 2) interfere with maintenance by any other state with respect to the same NAAQS. The two elements under 110(a)(2)(D)(i)(II) require SIPs to contain adequate provisions to prohibit emissions that will interfere with measures required to be included in the applicable implementation plan for any other state under part C (element 3) to prevent significant deterioration of air quality or (element 4) to protect visibility. CAA section 110(a)(2)(D)(ii) requires that each SIP shall contain adequate provisions insuring compliance with applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement). On May 11, 2012, the Colorado Department of Public Health and Environment (CDPHE) submitted an interstate transport SIP which concluded that Colorado meets all of the requirements of CAA section 110(a)(2)(D)(i) for the 2006 24-hour PM2.5 NAAQS.\1\ The State's May 11, 2012 interstate transport submission and June 4, 2010 infrastructure SIP certification for the 2006 24-hour PM2.5 NAAQS both overlooked the requirements of CAA section 110(a)(2)(D)(ii), which requires that each SIP shall contain adequate provisions insuring compliance with applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement). The State submitted a clarification letter on March 12, 2015, which explained that the State had inadvertently left discussion of 110(a)(2)(D)(ii) out of the 2006 24-hour PM2.5 infrastructure certification.\2\ EPA proposed approval of all 110(a)(2)(D)(i) and 110(a)(2)(D)(ii) elements of Colorado's May 11, 2012 submission on May 12, 2015 (80 FR 27121). --------------------------------------------------------------------------- \1\ Colorado's SIP, dated May 11, 2012, is included in the docket for this action. \2\ Colorado's certification letter is available in the docket for this action. --------------------------------------------------------------------------- II. Response to Comments EPA did not receive any comments on the May 12, 2015 proposal. III. Final Rule EPA is approving all four interstate transport elements of CAA Section 110(a)(2)(D)(i) from Colorado's May 11, 2012 submission. This approval is based on EPA's finding that emissions from Colorado do not significantly contribute to nonattainment or interfere with maintenance of the 2006 24-hour PM2.5 NAAQS in any other state and that the existing Colorado SIP is, therefore, adequate to meet the requirements of CAA section 110(a)(2)(D)(i) for the 2006 24-hour PM2.5 NAAQS. EPA is also approving the 110(a)(2)(D)(ii) portion of Colorado's submission, based on our finding that the State's existing SIP is adequate to meet the requirements of this element for the 2006 24-hour PM2.5 NAAQS. IV. Statutory and Executive Orders Review Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act 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 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 Order 12866 (58 FR 51735, October 4, 1993); 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). 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 [[Page 47864]] 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 9, 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 CAA section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 23, 2015. Debra H. Thomas, Acting Regional Administrator, Region 8. 40 CFR part 52 is amended to read 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. Subpart G--Colorado 0 2. Section 52.352 is amended by adding paragraph (c) to read as follows: Sec. 52.352 Interstate transport. * * * * * (c) Addition to the Colorado State Implementation Plan of the Colorado Interstate Transport SIP regarding 2006 PM 2.5 Standards for all four of the CAA section 110(a)(2)(D)(i) requirements submitted by the Governor's designee on May 11, 2012. [FR Doc. 2015-19500 Filed 8-7-15; 8:45 am] BILLING CODE 6560-50-P
![47862 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
Dated: February 19, 2015. (1) Board of Supervisors of Pima ENVIRONMENTAL PROTECTION
Alexis Strauss, County, Arizona, Ordinance No. 1993– AGENCY
Acting Regional Administrator, Region IX. 128, Section 1, 17.040.190
‘‘Composition’’ Section 6, 17.24.040 40 CFR Part 52
Editorial Note: This document was
received for publication by the Office of the ‘‘Reporting for compliance evaluations’’ [EPA–R08–OAR–2012–0346; FRL–9932–04–
Federal Register on August 4, 2015. adopted September 28, 1993. Region 8]
Part 52, chapter I, title 40 of the Code (2) Board of Supervisors of Pima
Approval and Promulgation of State
of Federal Regulations is amended as County, Arizona, Ordinance 2005–43, Implementation Plans; State of
follows: Chapter 17.12, Permits and Permit Colorado; Interstate Transport of
Revisions, section 2,17.12.040 Pollution for the 2006 24-Hour PM2.5
PART 52—APPROVAL AND ‘‘Reporting Requirements’’ adopted NAAQS
PROMULGATION OF April 19, 2005.
IMPLEMENTATION PLANS AGENCY: Environmental Protection
(170) The following plan was Agency (EPA).
■ 1. The authority citation for part 52 submitted on September 4, 2014 by the
ACTION: Final rule.
continues to read as follows: Governor’s designee.
Authority: 42 U.S.C. 7401 et seq. (i) Incorporation by reference. SUMMARY: The Environmental Protection
Agency (EPA) is approving a May 11,
(A) Pinal County Air Quality Control 2012 State Implementation Plan (SIP)
Subpart D—Arizona
District. submission from the State of Colorado
■ 2. Section 52.120 is amended by (1) Pinal County Board of Supervisors, that is intended to demonstrate that its
adding paragraphs (c)(166), (167), (168), Resolution No. 072314–AQ1, 1–3–140, SIP meets certain interstate transport
(169), and (170) to read as follows: Definitions, 74, Hearing Board, requirements of the Clean Air Act (Act
§ 52.120 Identification of plan. including new text that is underlined or CAA) for the 2006 fine particulate
and excluding removed text which was matter (PM2.5) National Ambient Air
* * * * * Quality Standards (NAAQS). This
(c) * * * struck by the board, effective July 23,
2014. submission addresses the requirement
(166) The following plan was
that Colorado’s SIP contain adequate
submitted on October 14, 2011, by the ■ 3. Section 52.123 is amended by
provisions prohibiting air emissions that
Governor’s designee. revising paragraphs (l), (m), and (n) to
(i) [Reserved] will have certain adverse air quality
read as follows: effects in other states. EPA is
(ii) Additional materials.
(A) Arizona Department of § 52.123 Approval status. determining that Colorado’s existing SIP
Environmental Quality. contains adequate provisions to ensure
* * * * * that air emissions in Colorado do not
(1) Arizona State Implementation Plan
Revision under Clean Air Act Section (l) 1997 8-hour ozone NAAQS: The significantly contribute to
110(a)(1) and (2); Implementation of the SIPs submitted on October 14, 2009 and nonattainment or interfere with
2008 Lead National Ambient Air August 24, 2012 are fully or partially maintenance of the 2006 24-hour PM2.5
Quality Standards, excluding the disapproved for Clean Air Act (CAA) NAAQS in any other state, or interfere
appendices. elements 110(a)(2)(C), (D)(ii), (J) and (K) with another state’s measures to prevent
(167) The following plan was for all portions of the Arizona SIP. significant deterioration of air quality or
submitted on December 27, 2012 by the to protect visibility. EPA is also
(m) 1997 PM2.5 NAAQS: The SIPs approving the portion of Colorado’s
Governor’s designee. submitted on October 14, 2009 and
(i) [Reserved] submission that addresses the CAA
(ii) Additional materials. August 24, 2012 are fully or partially requirement that SIPs contain adequate
(A) Arizona Department of disapproved for Clean Air Act (CAA) provisions related to interstate and
Environmental Quality. elements 110(a)(2)(C), (D)(ii), (J) and (K) international pollution abatement.
(1) Arizona State Implementation Plan for all portions of the Arizona SIP. DATES: This final rule is effective on
Revision under Clean Air Act Section (n) 2006 PM2.5 NAAQS: The SIPs September 9, 2015.
110(a)(1) and (2); 2008 8-hour Ozone submitted on October 14, 2009 and ADDRESSES: EPA has established a
NAAQS, excluding the appendices. August 24, 2012 are fully or partially docket for this action under Docket ID
(168) The following plan was disapproved for Clean Air Act (CAA) No. EPA–R08–OAR–2012–0346. All
submitted on December 6, 2013 by the documents in the docket are listed on
elements 110(a)(2)(C), (D)(i)(II) (interfere
Governor’s designee. the www.regulations.gov Web site.
(i) Incorporation by reference. with measures in any other state to
(A) Maricopa County Air Quality prevent significant deterioration of air Although listed in the index, some
Department. quality), (D)(ii), (J) and (K) for all information is not publicly available,
(1) Maricopa County Air Pollution portions of the Arizona SIP. e.g., Confidential Business Information
Control Regulations, Rule 100 (‘‘General [FR Doc. 2015–19499 Filed 8–7–15; 8:45 am]
(CBI) or other information whose
Provisions and Definitions’’), section disclosure is restricted by statute.
BILLING CODE 6560–50–P
100 (‘‘General’’), subsection 108 Certain other material, such as
(‘‘Hearing Board’’), revised September copyrighted material, is not placed on
25, 2013. the Internet and will be publicly
(169) The following plan was available only in hard copy form.
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submitted on December 19, 2013 by the Publicly available docket materials are
Governor’s designee. available either electronically through
(i) [Reserved] www.regulations.gov or in hard copy at
(ii) Additional materials. the Air Program, Environmental
(A) Pima County Department of Protection Agency (EPA), Region 8,
Environmental Quality. 1595 Wynkoop Street, Denver, Colorado
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![Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations 47863
80202–1129. EPA requests that if at all other state under part C (element 3) to IV. Statutory and Executive Orders
possible, you contact the individual prevent significant deterioration of air Review
listed in the FOR FURTHER INFORMATION quality or (element 4) to protect Under the CAA, the Administrator is
CONTACT section to view the hard copy visibility. CAA section 110(a)(2)(D)(ii) required to approve a SIP submission
of the docket. You may view the hard requires that each SIP shall contain that complies with the provisions of the
copy of the docket Monday through adequate provisions insuring Act and applicable federal regulations
Friday, 8:00 a.m. to 4:00 p.m., excluding compliance with applicable (42 U.S.C. 7410(k), 40 CFR 52.02(a)).
federal holidays. requirements of sections 126 and 115 Thus, in reviewing SIP submissions,
FOR FURTHER INFORMATION CONTACT: (relating to interstate and international EPA’s role is to approve state choices,
Adam Clark, Air Program, U.S. pollution abatement). provided that they meet the criteria of
Environmental Protection Agency On May 11, 2012, the Colorado the CAA. Accordingly, this action
(EPA), Region 8, Mail Code 8P–AR, Department of Public Health and merely approves state law as meeting
1595 Wynkoop Street, Denver, Colorado Environment (CDPHE) submitted an federal requirements and does not
80202–1129, 303–312–7104, interstate transport SIP which impose additional requirements beyond
clark.adam@epa.gov. concluded that Colorado meets all of the those imposed by state law. For that
I. Background requirements of CAA section reason, this action:
On September 21, 2006, EPA
110(a)(2)(D)(i) for the 2006 24-hour • Is not a ‘‘significant regulatory
PM2.5 NAAQS.1 The State’s May 11, action’’ subject to review by the Office
promulgated a final rule revising the 2012 interstate transport submission
1997 24-hour primary and secondary of Management and Budget under
and June 4, 2010 infrastructure SIP Executive Order 12866 (58 FR 51735,
NAAQS for PM2.5 from 65 micrograms certification for the 2006 24-hour PM2.5
per cubic meter (mg/m3) to 35 mg/m3 October 4, 1993);
(October 17, 2006, 71 FR 61144).
NAAQS both overlooked the • Does not impose an information
requirements of CAA section collection burden under the provisions
Section 110(a)(1) of the CAA requires
110(a)(2)(D)(ii), which requires that each of the Paperwork Reduction Act (44
each state to submit to EPA, within
three years (or such shorter period as SIP shall contain adequate provisions U.S.C. 3501 et seq.);
the Administrator may prescribe) after insuring compliance with applicable • Is certified as not having a
the promulgation of a primary or requirements of sections 126 and 115 significant economic impact on a
secondary NAAQS or any revision (relating to interstate and international substantial number of small entities
thereof, a SIP that provides for the pollution abatement). The State under the Regulatory Flexibility Act (5
‘‘implementation, maintenance, and submitted a clarification letter on March U.S.C. 601 et seq.);
enforcement’’ of such NAAQS. EPA 12, 2015, which explained that the State • Does not contain any unfunded
refers to these specific submittals as had inadvertently left discussion of mandate or significantly or uniquely
‘‘infrastructure’’ SIPs because they are 110(a)(2)(D)(ii) out of the 2006 24-hour affect small governments, as described
intended to address basic structural SIP PM2.5 infrastructure certification.2 EPA in the Unfunded Mandates Reform Act
requirements for new or revised proposed approval of all 110(a)(2)(D)(i) of 1995 (Pub. L. 104–4);
NAAQS. For the 2006 24-hour PM2.5 and 110(a)(2)(D)(ii) elements of • Does not have federalism
NAAQS, these infrastructure SIPs were Colorado’s May 11, 2012 submission on implications as specified in Executive
due on September 21, 2009. CAA May 12, 2015 (80 FR 27121). Order 13132 (64 FR 43255, August 10,
section 110(a)(2) includes a list of II. Response to Comments 1999);
specific elements that ‘‘[e]ach such plan • Is not an economically significant
submission’’ must meet. EPA did not receive any comments on regulatory action based on health or
The interstate transport provisions in the May 12, 2015 proposal. safety risks subject to Executive Order
CAA section 110(a)(2)(D)(i) (also called 13045 (62 FR 19885, April 23, 1997);
III. Final Rule • Is not a significant regulatory action
‘‘good neighbor’’ provisions) require
each state to submit a SIP that prohibits EPA is approving all four interstate subject to Executive Order 13211 (66 FR
emissions that will have certain adverse transport elements of CAA Section 28355, May 22, 2001);
air quality effects in other states. CAA 110(a)(2)(D)(i) from Colorado’s May 11, • Is not subject to requirements of
section 110(a)(2)(D)(i) identifies four 2012 submission. This approval is based Section 12(d) of the National
distinct elements related to the impacts on EPA’s finding that emissions from Technology Transfer and Advancement
of air pollutants transported across state Colorado do not significantly contribute Act of 1995 (15 U.S.C. 272 note) because
lines. The two elements under to nonattainment or interfere with application of those requirements would
110(a)(2)(D)(i)(I) require SIPs to contain maintenance of the 2006 24-hour PM2.5 be inconsistent with the CAA; and,
adequate provisions to prohibit any NAAQS in any other state and that the • Does not provide EPA with the
source or other type of emissions existing Colorado SIP is, therefore, discretionary authority to address, as
activity within the state from emitting adequate to meet the requirements of appropriate, disproportionate human
air pollutants that will (element 1) CAA section 110(a)(2)(D)(i) for the 2006 health or environmental effects, using
contribute significantly to 24-hour PM2.5 NAAQS. practicable and legally permissible
nonattainment in any other state with EPA is also approving the methods, under Executive Order 12898
respect to any such national primary or 110(a)(2)(D)(ii) portion of Colorado’s (59 FR 7629, February 16, 1994).
secondary NAAQS, and (element 2) submission, based on our finding that The SIP is not approved to apply on
interfere with maintenance by any other the State’s existing SIP is adequate to any Indian reservation land or in any
state with respect to the same NAAQS. other area where EPA or an Indian tribe
Lhorne on DSK7TPTVN1PROD with RULES
meet the requirements of this element
The two elements under for the 2006 24-hour PM2.5 NAAQS. has demonstrated that a tribe has
110(a)(2)(D)(i)(II) require SIPs to contain jurisdiction. In those areas of Indian
adequate provisions to prohibit 1 Colorado’s SIP, dated May 11, 2012, is included
country, the rule does not have tribal
emissions that will interfere with in the docket for this action. implications and will not impose
measures required to be included in the 2 Colorado’s certification letter is available in the substantial direct costs on tribal
applicable implementation plan for any docket for this action. governments or preempt tribal law as
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![47864 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
specified by Executive Order 13175 (65 § 52.352 Interstate transport. under Amendment 97. Due to the
FR 67249, November 9, 2000). * * * * * directed fishing closure, significant
The Congressional Review Act, 5 (c) Addition to the Colorado State amounts of non-pollock groundfish
U.S.C. 801 et seq., as added by the Small Implementation Plan of the Colorado remain unharvested by the Non-
Business Regulatory Enforcement Interstate Transport SIP regarding 2006 Rockfish Program CV Sector, and
Fairness Act of 1996, generally provides PM2.5 Standards for all four of the CAA fishermen, shoreside processors, and
that before a rule may take effect, the section 110(a)(2)(D)(i) requirements communities that participate in the
agency promulgating the rule must submitted by the Governor’s designee Non-Rockfish Program CV Sector have
submit a rule report, which includes a on May 11, 2012. limited alternatives to mitigate the
copy of the rule, to each House of the [FR Doc. 2015–19500 Filed 8–7–15; 8:45 am] resulting significant, negative economic
Congress and to the Comptroller General BILLING CODE 6560–50–P
effects. This emergency rule is necessary
of the United States. EPA will submit a to relieve a restriction that is preventing
report containing this action and other non-pollock groundfish harvest by the
required information to the U.S. Senate, DEPARTMENT OF COMMERCE Non-Rockfish Program CV Sector while
the U.S. House of Representatives, and continuing to limit the amount of
the Comptroller General of the United National Oceanic and Atmospheric Chinook salmon PSC used by this
States prior to publication of the rule in Administration sector. This rule is intended to promote
the Federal Register. A major rule the goals and objectives of the
cannot take effect until 60 days after it 50 CFR Part 679 Magnuson-Stevens Fishery
is published in the Federal Register. Conservation and Management Act, the
[Docket No. 150629564–5564–01] FMP, and other applicable law.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). RIN 0648–BF24 DATES: The amendments to
Under section 307(b)(1) of the Clean § 679.21(i)(2)(iii) and (i)(7)(i) are
Fisheries of the Exclusive Economic effective August 10, 2015. The
Air Act, petitions for judicial review of Zone Off Alaska; Prohibited Species
this action must be filed in the United amendment to § 679.21(i)(8) is effective
Catch; Emergency Rule August 10, 2015, through December 31,
States Court of Appeals for the
appropriate circuit by October 9, 2015. AGENCY: National Marine Fisheries 2015. Comments must be received by
Filing a petition for reconsideration by Service (NMFS), National Oceanic and September 9, 2015.
the Administrator of this final rule does Atmospheric Administration (NOAA), ADDRESSES: You may submit comments,
not affect the finality of this action for Commerce. identified by NOAA-NMFS-2015-0082,
the purposes of judicial review nor does ACTION: Emergency rule; request for by any of the following methods:
it extend the time within which a comments. • Electronic Submission: Submit all
petition for judicial review may be filed, electronic public comments via the
and shall not postpone the effectiveness SUMMARY: This emergency rule Federal e-Rulemaking Portal. Go to
of such rule or action. This action may establishes a 1,600 Chinook salmon www.regulations.gov/
not be challenged later in proceedings to prohibited species catch (PSC) limit for #!docketDetail;D=NOAA-NMFS-2015-
enforce its requirements. (See CAA the Western and Central Gulf of Alaska 0082, click the ‘‘Comment Now!’’ icon,
section 307(b)(2).) (GOA) Non-Rockfish Program trawl complete the required fields, and enter
catcher vessel sector (Non-Rockfish or attach your comments.
List of Subjects in 40 CFR Part 52 Program CV Sector) that is immediately • Mail: Submit written comments to
available for use by the sector until the Glenn Merrill, Assistant Regional
Environmental protection, Air
limit is reached or December 31, 2015. Administrator, Sustainable Fisheries
pollution control, Incorporation by
On January 1, 2015, an annual Chinook Division, Alaska Region NMFS, Attn:
reference, Intergovernmental relations,
salmon PSC limit of 2,700 Chinook Ellen Sebastian. Mail comments to P.O.
Nitrogen dioxide, Ozone, Particulate
salmon became available for use by the Box 21668, Juneau, AK 99802–1668.
matter, Reporting and recordkeeping
Non-Rockfish Program CV Sector Instructions: Comments sent by any
requirements, Volatile organic
implementing Amendment 97 to the other method, to any other address or
compounds.
Fishery Management Plan for individual, or received after the end of
Authority: 42 U.S.C. 7401 et seq. Groundfish of the GOA (FMP). On May the comment period, may not be
Dated: July 23, 2015. 3, 2015, and considerably earlier than considered by NMFS. All comments
Debra H. Thomas, had been expected, NMFS prohibited received are a part of the public record
Acting Regional Administrator, Region 8. directed fishing for groundfish by the and will generally be posted for public
Non-Rockfish Program CV Sector after viewing on www.regulations.gov
40 CFR part 52 is amended to read as determining that the sector had without change. All personal identifying
follows: exceeded its annual PSC limit of 2,700 information (e.g., name, address),
Chinook salmon. The North Pacific confidential business information, or
PART 52—APPROVAL AND Fishery Management Council and otherwise sensitive information
PROMULGATION OF NMFS recently discovered that the use submitted voluntarily by the sender will
IMPLEMENTATION PLANS of Chinook salmon PSC by the Non- be publicly accessible. NMFS will
Rockfish Program CV Sector in the first accept anonymous comments (enter ‘‘N/
■ 1. The authority citation for Part 52 few months of 2015 was exorbitantly A’’ in the required fields if you wish to
continues to read as follows: greater than the historical use, which remain anonymous).
Lhorne on DSK7TPTVN1PROD with RULES
Authority: 42 U.S.C. 7401 et seq. was relied on in developing the Chinook Electronic copies of the Regulatory
salmon PSC limit for this sector, and Impact Review (RIR), and the
Subpart G—Colorado that this discrepancy in use was not Categorical Exclusion prepared for this
foreseen when the PSC limit of 2,700 emergency rule may be obtained from
■ 2. Section 52.352 is amended by Chinook salmon for the Non-Rockfish http://www.regulations.gov or from the
adding paragraph (c) to read as follows: Program CV Sector was implemented Alaska Region Web site at http://
VerDate Sep<11>2014 14:22 Aug 07, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\10AUR1.SGM 10AUR1](https://thefederalregister.org/doc/80_FR_48015/page/3.svg)
Document Created: 2015-12-15 12:12:03
Document Modified: 2015-12-15 12:12:03
| 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 September 9, 2015. | |
| Contact | Adam Clark, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-7104, [email protected] | |
| FR Citation | 80 FR 47862 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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