80 FR 50205 - Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Ozone, 2008 Lead, and 2010 NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 160 (August 19, 2015)
Federal Register Volume 80, Issue 160 (August 19, 2015)
| Page Range | 50205-50207 | |
| FR Document | 2015-20377 |
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)] [Rules and Regulations] [Pages 50205-50207] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20377] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2012-0972, FRL-9932-52-Region 8] Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Ozone, 2008 Lead, and 2010 NO2 National Ambient Air Quality Standards; Colorado AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) revisions from the State of Colorado to demonstrate the State meets infrastructure requirements of the Clean Air Act (Act, CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on March 12, 2008; lead (Pb) on October 15, 2008; and nitrogen dioxide (NO2 ) on January 22, 2010. Section 110(a) of the CAA requires that each state submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA. DATES: This rule is effective September 18, 2015. ADDRESSES: The EPA has established a docket for this action under Docket Identification Number EPA-R08-OAR-2012-0972. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in the hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 8, Office of Partnership and Regulatory Assistance, Air Program, 1595 Wynkoop Street, Denver, Colorado, 80202-1129. The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. The Regional Office's official hours of business are Monday through Friday, 8:00 a.m.-4:00 p.m., excluding federal holidays. An electronic copy of the State's SIP compilation is also available at http://www.epa.gov/region8/air/sip.html. FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563, [email protected]. [[Page 50206]] SUPPLEMENTARY INFORMATION: I. Background Infrastructure requirements for SIPs are provided in section 110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific infrastructure elements that a SIP must contain or satisfy. The elements that are the subject of this action are described in detail in our notice of proposed rulemaking (NPR) published on June 1, 2015 (80 FR 30974). The NPR proposed approval of Colorado's submissions with respect to the following infrastructure elements for the 2008 ozone, 2008 Pb, and 2010 NO2 NAAQS: (A), (C) with respect to minor NSR and PSD requirements, (D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M); (B) for the 2008 Pb and 2008 ozone NAAQS and conditional approval of (B) for the 2010 NO2 NAAQS; and D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS. EPA will act separately on infrastructure element (D)(i)(I), interstate transport elements 1 and 2 for the 2008 ozone NAAQS. The reasons for our approvals are provided in detail in the NPR. II. Response to Comments No comments were received on our June 1, 2015 NPR. III. Final Action EPA is approving the following infrastructure elements for the 2008 ozone, 2008 Pb, and 2010 NO2 NAAQS: CAA 110(a)(2) (A), (C) with respect to minor NSR and PSD requirements, (D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is approving element (B) for the 2008 Pb and 2008 ozone NAAQS and conditionally approving (B) for the 2010 NO2 NAAQS. Finally, EPA is approving D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS. EPA will act separately on infrastructure element (D)(i)(I), interstate transport elements 1 and 2 for the 2008 ozone NAAQS.\1\ --------------------------------------------------------------------------- \1\ This action also corrects an error to a Federal Register citation in our NPR (80 FR 30974, June 1, 2015) on page 30978. The NPR incorrectly cites approval of the State's SIP-approved minor NSR program at 68 FR 37744 rather than the correct citation of 44 FR 57401 (Oct. 5, 1979). --------------------------------------------------------------------------- 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 some state law as meeting federal requirements and disapproves other state law because it does not meet federal requirements; this action 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, Oct. 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, Aug. 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, Feb. 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 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 19, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 30, 2015. Shaun L. McGrath, 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 52.353 is amended by adding paragraph (c) to read as follows: Sec. 52.353 Section 110(a)(2) infrastructure requirements. * * * * * (c) The Colorado Department of Public Health and Environment provided submissions to meet infrastructure requirements for the State [[Page 50207]] of Colorado for the 2008 ozone, 2008 lead, and 2010 NO 2 NAAQS were received on December 31, 2012, July 26, 2012, and March 7, 2013, respectively. The State's Infrastructure SIP is approved with respect to the 2008 ozone, 2008 lead, and 2010 NO2 NAAQS with respect to section (110)(a)(1) and the following elements of section (110)(a)(2): (A), (C) with respect to minor NSR and PSD requirements, (D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M); (B) for the 2008 Pb and 2008 ozone NAAQS and conditional approval of (B) for the 2010 NO2 NAAQS; and D(i)(I) elements 1 and 2 for the 2008 Pb and 2010 NO2 NAAQS. [FR Doc. 2015-20377 Filed 8-18-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations 50205
appropriate, disproportionate human the Federal Register. A major rule Dated: July 22, 2015.
health or environmental effects, using cannot take effect until 60 days after it H. Curtis Spalding,
practicable and legally permissible is published in the Federal Register. Regional Administrator, EPA New England.
methods, under Executive Order 12898 This action is not a ‘‘major rule’’ as
(59 FR 7629, February 16, 1994). defined by 5 U.S.C. 804(2). Part 52 of chapter I, title 40 of the
In addition, the SIP is not approved Under section 307(b)(1) of the Clean Code of Federal Regulations is amended
to apply on any Indian reservation land Air Act, petitions for judicial review of as follows:
or in any other area where EPA or an this action must be filed in the United
Indian tribe has demonstrated that a States Court of Appeals for the PART 52—APPROVAL AND
tribe has jurisdiction. In those areas of appropriate circuit by October 19, 2015. PROMULGATION OF
Indian country, the rule does not have Filing a petition for reconsideration by IMPLEMENTATION PLANS
tribal implications and will not impose the Administrator of this final rule does
substantial direct costs on tribal not affect the finality of this action for ■ 1. The authority citation for part 52
governments or preempt tribal law as the purposes of judicial review nor does continues to read as follows:
specified by Executive Order 13175 (65 it extend the time within which a Authority: 42 U.S.C. 7401 et seq.
FR 67249, November 9, 2000). petition for judicial review may be filed,
The Congressional Review Act, 5 and shall not postpone the effectiveness Subpart OO—Rhode Island
U.S.C. 801 et seq., as added by the Small of such rule or action. This action may
Business Regulatory Enforcement not be challenged later in proceedings to ■ 2. In § 52.2070, the table in paragraph
Fairness Act of 1996, generally provides enforce its requirements. (See section (c) ‘‘EPA-Approved Rhode Island
that before a rule may take effect, the 307(b)(2).) Regulations’’, is amended by revising
agency promulgating the rule must
List of Subjects in 40 CFR Part 52 the entry for the state citation ‘‘Air
submit a rule report, which includes a
Pollution Control Regulation 37’’ to read
copy of the rule, to each House of the Environmental protection, Air
as follows:
Congress and to the Comptroller General pollution control, Carbon monoxide,
of the United States. EPA will submit a Incorporation by reference, § 52.2070 Identification of plan.
report containing this action and other Intergovernmental relations, Lead, * * * * *
required information to the U.S. Senate, Nitrogen dioxide, Ozone, Particulate
the U.S. House of Representatives, and matter, Reporting and recordkeeping (c) * * *
the Comptroller General of the United requirements, Sulfur oxides, Volatile EPA—Approved Rhode Island
States prior to publication of the rule in organic compounds. Regulations
State
State citation Title/subject EPA approval date Explanations
effective date
* * * * * * *
Air Pollution Control Regula- Rhode Island’s Low Emission 12/22/2005 8/19/2015 [Insert Federal Adopts California LEV II
tion 37. Vehicle Program. Register citation]. standards.
* * * * * * *
* * * * * infrastructure requirements of the Clean and will be publicly available only in
[FR Doc. 2015–20373 Filed 8–18–15; 8:45 am] Air Act (Act, CAA) for the National the hard copy form. Publicly available
BILLING CODE 6560–50–P Ambient Air Quality Standards docket materials are available either
(NAAQS) promulgated for ozone on electronically through http://
March 12, 2008; lead (Pb) on October www.regulations.gov or in hard copy at
ENVIRONMENTAL PROTECTION 15, 2008; and nitrogen dioxide (NO2) on EPA Region 8, Office of Partnership and
AGENCY January 22, 2010. Section 110(a) of the Regulatory Assistance, Air Program,
CAA requires that each state submit a 1595 Wynkoop Street, Denver,
40 CFR Part 52 SIP for the implementation, Colorado, 80202–1129. The EPA
[EPA–R08–OAR–2012–0972, FRL–9932–52– maintenance, and enforcement of each requests that you contact the individual
Region 8] NAAQS promulgated by EPA. listed in the FOR FURTHER INFORMATION
DATES: This rule is effective September CONTACT section to view the hard copy
Promulgation of State Implementation 18, 2015. of the docket. The Regional Office’s
Plan Revisions; Infrastructure official hours of business are Monday
ADDRESSES: The EPA has established a
Requirements for the 2008 Ozone, 2008 through Friday, 8:00 a.m.–4:00 p.m.,
docket for this action under Docket
Lead, and 2010 NO2 National Ambient excluding federal holidays. An
Identification Number EPA–R08–OAR–
Air Quality Standards; Colorado electronic copy of the State’s SIP
2012–0972. All documents in the docket
AGENCY: Environmental Protection are listed on the http:// compilation is also available at http://
Agency (EPA). www.regulations.gov Web site. Although www.epa.gov/region8/air/sip.html.
listed in the index, some information
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ACTION: Final rule. FOR FURTHER INFORMATION CONTACT:
may not be publicly available, i.e., Abby Fulton, Air Program, U.S.
SUMMARY: The Environmental Protection Confidential Business Information or Environmental Protection Agency
Agency (EPA) is approving elements of other information the disclosure of (EPA), Region 8, Mail Code 8P–AR,
State Implementation Plan (SIP) which is restricted by statute. Certain 1595 Wynkoop Street, Denver, Colorado
revisions from the State of Colorado to other material, such as copyrighted 80202–1129, 303–312–6563,
demonstrate the State meets material, is not placed on the Internet fulton.abby@epa.gov.
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![Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations 50207
of Colorado for the 2008 ozone, 2008 ADDRESSES: The docket for this action, or request a hearing on this regulation
lead, and 2010 NO2 NAAQS were identified by docket identification (ID) in accordance with the instructions
received on December 31, 2012, July 26, number EPA–HQ–OPP–2014–0633, is provided in 40 CFR part 178. To ensure
2012, and March 7, 2013, respectively. available at http://www.regulations.gov proper receipt by EPA, you must
The State’s Infrastructure SIP is or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
approved with respect to the 2008 Regulatory Public Docket (OPP Docket) OPP–2014–0633 in the subject line on
ozone, 2008 lead, and 2010 NO2 in the Environmental Protection Agency the first page of your submission. All
NAAQS with respect to section Docket Center (EPA/DC), West William objections and requests for a hearing
(110)(a)(1) and the following elements of Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
section (110)(a)(2): (A), (C) with respect Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or
to minor NSR and PSD requirements, 20460–0001. The Public Reading Room before October 19, 2015. Addresses for
(D)(i)(II) elements 3 and 4, (D)(ii), (E), is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections
(F), (G), (H), (J), (K), (L), and (M); (B) for Monday through Friday, excluding legal and hearing requests are provided in 40
the 2008 Pb and 2008 ozone NAAQS holidays. The telephone number for the CFR 178.25(b).
and conditional approval of (B) for the Public Reading Room is (202) 566–1744, In addition to filing an objection or
2010 NO2 NAAQS; and D(i)(I) elements and the telephone number for the OPP hearing request with the Hearing Clerk
1 and 2 for the 2008 Pb and 2010 NO2 Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please
NAAQS. the visitor instructions and additional submit a copy of the filing (excluding
information about the docket available any Confidential Business Information
[FR Doc. 2015–20377 Filed 8–18–15; 8:45 am]
at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
Information not marked confidential
Susan Lewis, Registration Division pursuant to 40 CFR part 2 may be
ENVIRONMENTAL PROTECTION (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
AGENCY Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
Pennsylvania Ave. NW., Washington, objection or hearing request, identified
40 CFR Part 180 DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP–
number: (703) 305–7090; email address: 2014–0633, by one of the following
[EPA–HQ–OPP–2014–0633; FRL–9931–07]
RDFRNotices@epa.gov. methods:
• Federal eRulemaking Portal: http://
Methane Sulfonic Acid; Exemption SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online
from the Requirement of a Tolerance I. General Information instructions for submitting comments.
AGENCY: Environmental Protection Do not submit electronically any
A. Does this action apply to me? information you consider to be CBI or
Agency (EPA).
You may be potentially affected by other information whose disclosure is
ACTION: Final rule. restricted by statute.
this action if you are an agricultural
SUMMARY: This regulation establishes an producer, food manufacturer, or • Mail: OPP Docket, Environmental
exemption from the requirement of a pesticide manufacturer. The following Protection Agency Docket Center (EPA/
tolerance for residues of methane list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
sulfonic acid (CAS Reg. No.75–75–2) Classification System (NAICS) codes is NW., Washington, DC 20460–0001.
not intended to be exhaustive, but rather • Hand Delivery: To make special
when used as an inert ingredient
provides a guide to help readers arrangements for hand delivery or
(acidifying agent) in pesticide
determine whether this document delivery of boxed information, please
formulations applied to animals at a
applies to them. Potentially affected follow the instructions at http://
maximum concentration not to exceed
entities may include: www.epa.gov/dockets/contacts.html.
3% by weight and when used as an inert
ingredient in antimicrobial pesticide • Crop production (NAICS code 111). Additional instructions on
formulations applied to food-contact • Animal production (NAICS code commenting or visiting the docket,
112). along with more information about
surfaces in public eating places, dairy-
• Food manufacturing (NAICS code dockets generally, is available at
processing equipment, and food- http://www.epa.gov/dockets.
311).
processing equipment and utensils at a
• Pesticide manufacturing (NAICS II. Petition for Exemption
concentration not to exceed 5,000 parts
code 32532).
per million (ppm). Lewis & Harrison, on In the Federal Register of March 4,
behalf of BASF Corporation, submitted B. How can I get electronic access to 2015 (80 FR 11613) (FRL–9922–68),
a petition to EPA under the Federal other related information? EPA issued a document pursuant to
Food, Drug, and Cosmetic Act (FFDCA), You may access a frequently updated FFDCA section 408, 21 U.S.C. 346a,
requesting establishment of an electronic version of 40 CFR part 180 announcing the filing of a pesticide
exemption from the requirement of a through the Government Printing petition inert ingredient (PP IN–10720)
tolerance. This regulation eliminates the Office’s e-CFR site at http:// by Lewis & Harrison, 122 C Street NW.,
need to establish a maximum www.ecfr.gov/cgi-bin/text- Suite 505, Washington, DC 20001 on
permissible level for residues of idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ behalf of BASF Corporation, 100 Park
methane sulfonic acid. 40tab_02.tpl. Avenue, Florham Park, NJ 07932. The
DATES: This regulation is effective petition requested that 40 CFR 180.930
August 19, 2015. Objections and C. How can I file an objection or hearing and 40 CFR 180.940(a) be amended by
rmajette on DSK2VPTVN1PROD with RULES
requests for hearings must be received request? establishing an exemption from the
on or before October 19, 2015], and Under FFDCA section 408(g), 21 requirement of a tolerance for residues
must be filed in accordance with the U.S.C. 346a, any person may file an of methane sulfonic acid (CAS Reg.
instructions provided in 40 CFR part objection to any aspect of this regulation No.75–75–2) when used as an inert
178 (see also Unit I.C. of the and may also request a hearing on those ingredient (acidifying agent) in pesticide
SUPPLEMENTARY INFORMATION). objections. You must file your objection formulations applied to animals at a
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Document Created: 2015-12-15 11:58:42
Document Modified: 2015-12-15 11:58:42
| 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 rule is effective September 18, 2015. | |
| Contact | Abby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563, [email protected] | |
| FR Citation | 80 FR 50205 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Greenhouse Gases; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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