80 FR 51136 - Air Plan Approval; Michigan and Wisconsin; 2006 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 163 (August 24, 2015)
Federal Register Volume 80, Issue 163 (August 24, 2015)
| Page Range | 51136-51141 | |
| FR Document | 2015-20771 |
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)] [Rules and Regulations] [Pages 51136-51141] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20771] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2009-0805; FRL-9932-65-Region 5] Air Plan Approval; Michigan and Wisconsin; 2006 PM2.5 NAAQS PSD and Visibility Infrastructure SIP Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of state implementation plan (SIP) submissions from Michigan regarding Prevention of Significant Deterioration (PSD) and Wisconsin regarding visibility infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2006 fine particulate matter (PM2.5 ) 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. DATES: This direct final rule will be effective October 23, 2015, unless EPA receives adverse comments by September 23, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2009-0805 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 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. 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 [[Page 51137]] 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 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), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION section is arranged as follows: I. What is the background of these SIP submissions? II. What is EPA's review of these SIP submissions? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is the background of these SIP submissions? This rulemaking addresses submissions from the Michigan Department of Environmental Quality (MDEQ) and the Wisconsin Department of Natural Resources (WDNR). The states submitted their infrastructure SIPs for the 2006 PM2.5 NAAQS on the following dates: Michigan-- August 15, 2011, supplemented on July 9, 2012; Wisconsin--January 24, 2011, supplemented on March 28, 2011 and June 29, 2012. The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and these SIP submissions are to provide for the ``implementation, maintenance, and enforcement'' of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. This specific rulemaking is only taking action on the PSD elements of the Michigan submittal and the visibility element of the Wisconsin submittal. The majority of the other infrastructure elements were addressed in a proposed rulemaking published August 2, 2012, (77 FR 45992). Final action was taken on those elements on October 29, 2012, (77 FR 65478).\1\ The infrastructure elements for PSD are found in CAA 110(a)(2)(C), 110(a)(2)(D), and 110(a)(2)(J) and will be discussed in detail below. The infrastructure elements for visibility are also in CAA section 110(a)(2)(D). For further discussion on the background of infrastructure submittals, see 77 FR 45992. --------------------------------------------------------------------------- \1\ For Michigan, action was taken on sections 110(a)(2)(A) through (H), and (J) through (M), except for the prevention of significant deterioration requirements in sections 110(a)(2)(C), (D)(i)(II), and (J), the visibility portion of 110(a)(2)(D)(i)(II), and the state board requirements in (E)(ii). For Wisconsin, action was taken on sections 110(a)(2)(A) through (H), and (J) through (M), except the prevention of significant deterioration requirements in sections 110(a)(2)(C), (D)(i)(II), and (J), the visibility portion of (D)(i)(II), and the state board requirements in (E)(ii). --------------------------------------------------------------------------- II. What is EPA's review of these SIP submissions? A. Michigan--PSD PSD infrasture elements are addressed in different sections of the CAA: Sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J). 1. Section 110(a)(2)(C)--Program for Enforcement of Control Measures; PSD States are required to include a program providing for enforcement of all SIP measures and the regulation of construction of new or modified stationary sources to meet new source review (NSR) requirements under PSD and nonattainment new source review (NNSR) programs. Part C of the CAA (sections 160-169B) addresses PSD, while part D of the CAA (sections 171-193) addresses NNSR requirements. The evaluation of each state's submission addressing the infrastructure SIP requirements of section 110(a)(2)(C) covers: (i) Enforcement of SIP measures; (ii) PSD provisions that explicitly identify oxides of nitrogen (NOX ) as a precursor to ozone in the PSD program; (iii) identification of precursors to PM2.5 and the identification of PM2.5 and PM10 \2\ condensables in the PSD program; (iv) PM2.5 increments in the PSD program; and, (v) Greenhouse Gas(GHG) permitting and the ``Tailoring Rule.'' \3\ --------------------------------------------------------------------------- \2\ PM10 refers to particles with diameters between 2.5 and 10 microns, oftentimes referred to as ``coarse'' particles. \3\ EPA highlights this statutory requirement in an October 2, 2007, guidance document entitled ``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards'' and has issued additional guidance documents, the most recent on September 13, 2013, ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and (2)'' (2013 memo). --------------------------------------------------------------------------- (i) Enforcement of SIP Measures The enforcement of SIP measures provision was approved in the October 29, 2012 rulemaking (77 FR 65478) for the 2006 PM2.5 . (ii): PSD Provisions That Explicitly Identify NOX as a Precursor to Ozone in the PSD Program EPA's ``Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 2; Final Rule to Implement Certain Aspects of the 1990 Amendments Relating to New Source Review and Prevention of Significant Deterioration as They Apply in Carbon Monoxide, Particulate Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase 2 Rule) was published on November 29, 2005 (see 70 FR 71612). Among other requirements, the Phase 2 Rule obligated states to revise their PSD programs to explicitly identify NOX as a precursor to ozone (70 FR 71612 at 71679, 71699-71700). This requirement was codified in 40 CFR 51.166. The Phase 2 Rule required that states submit SIP revisions incorporating the requirements of the rule, including those identifying NOX as a precursor to ozone, by June 15, 2007 (see 70 FR 71612 at 71683, November 29, 2005). EPA approved revisions to Michigan's PSD SIP reflecting these requirements on April 4, 2014 (see 79 FR 18802), and therefore finds that Michigan has met the set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2006 PM2.5 NAAQS. (iii): Identification of Precursors to PM2.5 and the Identification of PM2.5 and PM10 Condensables in the PSD Program On May 16, 2008 (see 73 FR 28321), EPA issued the Final Rule on the ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5 )'' (2008 NSR Rule). The 2008 NSR Rule finalized several new requirements for SIPs to address sources that emit direct PM2.5 and other pollutants that contribute to secondary PM2.5 formation. One of these [[Page 51138]] requirements is for NSR permits to address pollutants responsible for the secondary formation of PM2.5, otherwise known as precursors. In the 2008 rule, EPA identified precursors to PM2.5 for the PSD program to be sulfur dioxide (SO2 ) and NOX (unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates that NOX emissions in an area are not a significant contributor to that area's ambient PM2.5 concentrations). The 2008 NSR Rule also specifies that volatile organic compounds (VOCs) are not considered to be precursors to PM2.5 in the PSD program unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of VOCs in an area are significant contributors to that area's ambient PM2.5 concentrations. The explicit references to SO2, NOX , and VOCs as they pertain to secondary PM2.5 formation are codified at 40 CFR 51.166(b)(49)(i)(b) and 40 CFR 52.21(b)(50)(i)(b). As part of identifying pollutants that are precursors to PM2.5, the 2008 NSR Rule also required states to revise the definition of ``significant'' as it relates to a net emissions increase or the potential of a source to emit pollutants. Specifically, 40 CFR 51.166(b)(23)(i) and 40 CFR 52.21(b)(23)(i) define ``significant'' for PM2.5 to mean the following emissions rates: 10 tons per year (tpy) of direct PM2.5 ; 40 tpy of SO2 ; and 40 tpy of NOX (unless the state demonstrates to the Administrator's satisfaction or EPA demonstrates that NOX emissions in an area are not a significant contributor to that area's ambient PM2.5 concentrations). The deadline for states to submit SIP revisions to their PSD programs incorporating these changes was May 16, 2011 (see 73 FR 28321 at 28341).\4\ --------------------------------------------------------------------------- \4\ EPA notes that on January 4, 2013, the U.S. Court of Appeals for the D.C. Circuit, in Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.), held that EPA should have issued the 2008 NSR Rule in accordance with the CAA's requirements for PM10 nonattainment areas (Title I, Part D, subpart 4), and not the general requirements for nonattainment areas under subpart 1. As the subpart 4 provisions apply only to nonattainment areas, EPA does not consider the portions of the 2008 rule that address requirements for PM2.5 attainment and unclassifiable areas to be affected by the court's opinion. Moreover, EPA does not anticipate the need to revise any PSD requirements promulgated by the 2008 NSR Rule in order to comply with the court's decision. Accordingly, EPA's approval of Michigan's infrastructure SIP as to elements (C),(D)(i)(II), or (J) with respect to the PSD requirements promulgated by the 2008 implementation rule does not conflict with the court's opinion. The court's decision with respect to the nonattainment NSR requirements promulgated by the 2008 implementation rule also does not affect EPA's action on the present infrastructure action. EPA interprets the CAA to exclude nonattainment area requirements, including requirements associated with a nonattainment NSR program, from infrastructure SIP submissions due three years after adoption or revision of a NAAQS. Instead, these elements are typically referred to as nonattainment SIP or attainment plan elements, which would be due by the dates statutorily prescribed under subparts 2 through 5 under part D, extending as far as 10 years following designations for some elements. --------------------------------------------------------------------------- The 2008 NSR Rule did not require states to immediately account for gases that could condense to form particulate matter, known as condensables, in PM2.5 and PM10 emission limits in NSR permits. Instead, EPA determined that states had to account for PM2.5 and PM10 condensables for applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits beginning on or after January 1, 2011. This requirement is codified in 40 CFR 51.166(b)(49)(i)(a) and 40 CFR 52.21(b)(50)(i)(a). Revisions to states' PSD programs incorporating the inclusion of condensables were required be submitted to EPA by May 16, 2011 (see 73 FR 28321 at 28341). EPA approved revisions to Michigan's PSD SIP reflecting these requirements on April 4, 2014 (see 79 FR 18802), and therefore proposes that Michigan has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2006 PM2.5 NAAQS. (iv): PM2.5 increments in the PSD program On October 20, 2010, EPA issued the final rule on the ``Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5 )--Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR Rule). This rule established several components for making PSD permitting determinations for PM2.5 , including a system of ``increments'' which is the mechanism used to estimate significant deterioration of ambient air quality for a pollutant. These increments are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c), and are included in the table below. Table 1--PM2.5 Increments Established by the 2010 NSR Rule in Micrograms Per Cubic Meter ------------------------------------------------------------------------ Annual arithmetic 24-hour max mean ------------------------------------------------------------------------ Class I............................... 1 2 Class II.............................. 4 9 Class III............................. 8 18 ------------------------------------------------------------------------ The 2010 NSR Rule also established a new ``major source baseline date'' for PM2.5 as October 20, 2010, and a new trigger date for PM2.5 as October 20, 2011. These revisions are codified in 40 CFR 51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 40 CFR 52.21(b)(14)(i)(c) and (b)(14)(ii)(c). Lastly, the 2010 NSR Rule revised the definition of ``baseline area'' to include a level of significance of 0.3 micrograms per cubic meter, annual average, for PM2.5. This change is codified in 40 CFR 51.166(b)(15)(i) and 40 CFR 52.21(b)(15)(i). On April 4, 2014 (79 FR 18802), EPA finalized approval of the applicable infrastructure SIP PSD revisions; therefore, we are proposing that Michigan has met this set of infrastructure SIP requirements of section 110(a)(2)(C) with respect to the 2006 PM2.5 NAAQS. (v): GHG permitting and the ``Tailoring Rule'' With respect to CAA Sections 110(a)(2)(C) and (J), EPA interprets the CAA to require each state to make an infrastructure SIP submission for a new or revised NAAQS that demonstrates that the air agency has a complete PSD permitting program meeting the current requirements for all regulated NSR pollutants. The requirements of section 110(a)(2)(D)(i)(II) may also be satisfied by demonstrating the air agency has a complete PSD permitting program correctly addressing all regulated NSR pollutants. Michigan has shown that it currently has a PSD program in place that covers all regulated NSR pollutants, including GHGs. On June 23, 2014, the United States Supreme Court issued a decision addressing the application of PSD permitting requirements to GHG emissions. Utility Air Regulatory Group v. Environmental Protection Agency, 134 S.Ct. 2427. The Supreme Court said that the EPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD permit. The Court also said that the EPA could continue to require that PSD permits, otherwise required based on emissions of pollutants other than GHGs, contain limitations on GHG emissions based on the application of Best Available Control Technology (BACT). In order to act consistently with its understanding of the Court's decision pending further judicial action to effectuate the decision, the EPA is not continuing to apply EPA regulations that would require that SIPs include permitting requirements that the Supreme Court found impermissible. Specifically, EPA is not applying the [[Page 51139]] requirement that a state's SIP-approved PSD program require that sources obtain PSD permits when GHGs are the only pollutant (i) that the source emits or has the potential to emit above the major source thresholds, or (ii) for which there is a significant emissions increase and a significant net emissions increase from a modification (e.g. 40 CFR 51.166(b)(48)(v)). EPA anticipates a need to revise Federal PSD rules and for many states to revise their existing SIP-approved PSD programs in light of the Supreme Court opinion. The timing and content of subsequent EPA actions with respect to the EPA regulations and state PSD program approvals are expected to be informed by additional legal process before the United States Court of Appeals for the District of Columbia Circuit. At this juncture, EPA is not expecting states to have revised their PSD programs for purposes of infrastructure SIP submissions and is only evaluating such submissions to ensure that the state's program correctly addresses GHGs consistent with the Supreme Court's decision. At present, EPA is proposing that Michigan's SIP is sufficient to satisfy sections 110(a)(2)(C), (D)(i)(II), and (J) with respect to GHGs because the PSD permitting program previously approved by EPA into the SIP continues to require that PSD permits (otherwise required based on emissions of pollutants other than GHGs) contain limitations on GHG emissions based on the application of BACT. Although the approved Michigan PSD permitting program may currently contain provisions that are no longer necessary in light of the Supreme Court decision, this does not render the infrastructure SIP submission inadequate to satisfy Section 110(a)(2)(C), (D)(i)(II), and (J). The SIP contains the necessary PSD requirements at this time, and the application of those requirements is not impeded by the presence of other previously- approved provisions regarding the permitting of sources of GHGs that EPA does not consider necessary at this time in light of the Supreme Court decision. For the purposes of the 2006 PM2.5 NAAQS infrastructure SIPs, EPA reiterates that NSR Reform regulations are not within the scope of these actions. Therefore, we are not taking action on existing NSR Reform regulations for Michigan. EPA approved Michigan's minor NSR program on May 6, 1980 (see 45 FR 29790); and since that date, MDEQ and EPA have relied on the existing minor NSR program to ensure that new and modified sources not captured by the major NSR permitting programs do not interfere with attainment and maintenance of the NAAQS. Certain sub-elements in this section overlap with elements of section 110(a)(2)(D)(i), section 110(a)(2)(E) and section 110(a)(2)(J). These links will be discussed in the appropriate areas below. 2. Section 110(a)(2)(D)(i)(II)--Interstate transport Section 110(a)(2)(D)(i)(II) requires that SIPs include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality or to protect visibility in another state. EPA notes that Michigan's satisfaction of the applicable infrastructure SIP PSD requirements for the 2006 PM2.5 NAAQS have been detailed in the section addressing section 110(a)(2)(C). EPA further notes that the proposed actions in that section related to PSD are consistent with the proposed actions related to PSD for section 110(a)(2)(D)(i)(II), and they are reiterated below. EPA has previously approved revisions to Michigan's SIP that meet certain requirements obligated by the Phase 2 Rule and the 2008 NSR Rule. These revisions included provisions that: Explicitly identify NOX as a precursor to ozone, explicitly identify SO2 and NOX as precursors to PM2.5 , and regulate condensable PM2.5 and PM10 in applicability determinations and establishing emissions limits. EPA has also previously approved revisions to Michigan's SIP that incorporate the PM2.5 increments and the associated implementation regulations including the major source baseline date, trigger date, and level of significance for PM2.5 per the 2010 NSR Rule. EPA is proposing that Michigan's SIP contains provisions that adequately address the 2006 PM2.5 NAAQS. States also have an obligation to ensure that sources located in nonattainment areas do not interfere with a neighboring state's PSD program. One way that this requirement can be satisfied is through an NNSR program consistent with the CAA that addresses any pollutants for which there is a designated nonattainment area within the state. Michigan's EPA-approved NNSR regulations found in Part 2 of the SIP, specifically in Michigan Administrative Code sections R 336.1220 and R 336.1221, are consistent with 40 CFR 51.165, or 40 CFR part 51, appendix S. Therefore, EPA proposes that Michigan has met all of the applicable PSD requirements for the 2006 PM2.5 NAAQS for transport prong 3 related to section 110(a)(2)(D)(i)(II). 3. Section 110(a)(2)(J)--Consultation With Government Officials; Public Notifications; PSD; Visibility Protection States must meet applicable requirements of section 110(a)(2)(C) related to PSD. MDEQ's PSD program in the context of infrastructure SIPs has already been discussed in the paragraphs addressing section 110(a)(2)(C) and 110(a)(2)(D)(i)(II), and EPA notes that the proposed actions for those sections are consistent with the proposed actions for this portion of section 110(a)(2)(J). Therefore, EPA proposes that Michigan has met all of the infrastructure SIP requirements for PSD associated with section 110(a)(2)(J) for the 2006 PM2.5 NAAQS. B. Wisconsin--Section 110(a)(2)(D)(i)(II)--Interstate Transport With regard to the applicable requirements for visibility protection of section 110(a)(2)(D)(i)(II), states are subject to visibility and regional haze program requirements under part C of the CAA (which includes sections 169A and 169B, addressing visibility protection). The 2013 Memo states that these requirements can be satisfied by an approved SIP addressing reasonably attributable visibility impairment, if required, or an approved SIP addressing regional haze. On August 7, 2012, EPA published its final approval of Wisconsin's regional haze plan (see 77 FR 46952). Therefore, EPA is proposing that Wisconsin has met the visibility protection requirements of section 110(a)(2)(D)(i)(II) for the 2006 PM2.5 NAAQS. III. What action is EPA taking? EPA is approving the PSD related infrastructure requirements for Michigan's 2006 PM2.5 NAAQS submittals found in CAA sections 110(a)(2)(C), (D)(i)(II), and (J). EPA is also approving the visibility related infrastructure requirements for Wisconsin's 2006 PM2.5 NAAQS submittals found in CAA section 110 (a)(2)(D)(i)(II). We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective October 23, 2015 without [[Page 51140]] further notice unless we receive relevant adverse written comments by September 23, 2015. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective October 23, 2015. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 23, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: August 10, 2015. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--[AMENDED] 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. In Sec. 52.1170, the table in paragraph (e) is amended by revising the entry for ``Section 110(a)(2) Infrastructure Requirements for the 2006 24-Hour PM 2.5 NAAQS'' to read as follows: Sec. 52.1170 Identification of plan. * * * * * (e) * * * [[Page 51141]] EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State EPA approval date Comments provision nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Infrastructure Statewide........... 8/15/2011, 8/24/2015, [Insert This action Requirements for the 2006 24- 7/9/2012 page number where addresses the Hour PM2.5 NAAQS. the document following CAA begins]. elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). We are not taking action on the visibility protection requirements of (D)(i)(II) and the state board requirements of (E)(ii). We will address these requirements in a separate action. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.2591 is amended by revising paragraph (c) to read as follows: Sec. 52.2591 Section 110(a)(2) Infrastructure Requirements. * * * * * (c) Approval and Disapproval -- In a January 24, 2011, submittal, supplemented on March 28, 2011, and June 29, 2012, Wisconsin certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2006 24- hour PM2.5 NAAQS. EPA is approving Wisconsin's submission addressing the infrastructure SIP requirements of section 110(a)(2)(A), (B), (C) with respect to enforcement and the GHG permitting threshold PSD requirement, (D)(i)(II) with respect to the GHG permitting threshold PSD requirement and visibility protection, (D)(ii), (E) except for state board requirements, (F) through (H), (J) except for narrow prevention of significant deterioration requirements, and (K) through (M). We are not finalizing action on (D)(i)(I), the state board requirements of (E)(ii), and the PSD requirement of NOX as a precursor to ozone in (C), (D)(i)(II), and (J). We will address these requirements in a separate action. We are disapproving narrow portions of Wisconsin's infrastructure SIP submission addressing the relevant prevention of significant deterioration requirements of the 2008 NSR Rule (identifying PM2.5 precursors and the regulation of PM2.5 and PM10 condensables in permits) with respect to section 110(a)(2)(C), (D)(i)(II), and (J). * * * * * [FR Doc. 2015-20771 Filed 8-21-15; 8:45 am] BILLING CODE 6560-50-P
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EPA–APPROVED MISSOURI NONREGULATORY PROVISIONS
Applicable geographic State submittal
Name of nonregulatory SIP provision area or nonattainment EPA approval date Explanation
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area
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(66) Cross State Air Pollution Rule—State-Deter- Statewide ...................... 3/30/15 8/24/15 and [Insert Fed-
mined Allowance Allocations for the 2016 con- eral Register citation].
trol periods.
■ 3. Section 52.1326 is amended by ENVIRONMENTAL PROTECTION Maintenance Section, Air Programs
adding paragraphs (a)(3) and (b)(3) to AGENCY Branch (AR–18J), U.S. Environmental
read as follows: Protection Agency, 77 West Jackson
40 CFR Part 52 Boulevard, Chicago, Illinois 60604.
§ 52.1326 Interstate pollutant transport Such deliveries are only accepted
[EPA–R05–OAR–2009–0805; FRL–9932–65–
provisions; What are the FIP requirements Region 5] during the Regional Office normal hours
for decreases in emissions of nitrogen of operation, and special arrangements
oxides? Air Plan Approval; Michigan and should be made for deliveries of boxed
(a) * * * Wisconsin; 2006 PM2.5 NAAQS PSD information. The Regional Office official
(3) Pursuant to § 52.38(a)(3), and Visibility Infrastructure SIP hours of business are Monday through
Missouri’s state-determined TR NOX Requirements Friday, 8:30 a.m. to 4:30 p.m., excluding
Annual allowance allocations AGENCY: Environmental Protection Federal holidays.
Instructions: Direct your comments to
established in the March 30, 2015, SIP Agency (EPA). Docket ID. EPA–R05–OAR–2009–0805.
revision replace the unit-level TR NOX ACTION: Direct final rule. EPA’s policy is that all comments
Annual allowance allocation provisions received will be included in the public
SUMMARY: The Environmental Protection
of the TR NOX Annual Trading Program docket without change and may be
Agency (EPA) is approving elements of
at 40 CFR 97.411(a) for the State for the made available online at
state implementation plan (SIP)
2016 control period with a list of TR submissions from Michigan regarding www.regulations.gov, including any
NOX Annual units that commenced Prevention of Significant Deterioration personal information provided, unless
operation prior to January 1, 2010, in (PSD) and Wisconsin regarding the comment includes information
the State and the state-determined visibility infrastructure requirements of claimed to be Confidential Business
amount of TR NOX Annual allowances section 110 of the Clean Air Act (CAA) Information (CBI) or other information
allocated to each unit on such list for for the 2006 fine particulate matter whose disclosure is restricted by statute.
the 2016 control period, as approved by (PM2.5) National Ambient Air Quality Do not submit information that you
EPA on August 24, 2015, [Insert Federal Standards (NAAQS). The infrastructure consider to be CBI or otherwise
Register citation]. requirements are designed to ensure that protected through www.regulations.gov
(b) * * * the structural components of each or email. The www.regulations.gov Web
state’s air quality management program site is an ‘‘anonymous access’’ system,
(3) Pursuant to § 52.38(b)(3), which means EPA will not know your
Missouri’s state-determined TR NOX are adequate to meet the state’s
responsibilities under the CAA. identity or contact information unless
Ozone Season allowance allocations you provide it in the body of your
DATES: This direct final rule will be
established in the March 30, 2015, SIP comment. If you send an email
effective October 23, 2015, unless EPA
revision replace the unit-level TR NOX comment directly to EPA without going
receives adverse comments by
Ozone Season allowance allocation through www.regulations.gov your email
September 23, 2015. If adverse
provisions of the TR NOX Ozone Season comments are received, EPA will address will be automatically captured
Trading Program at 40 CFR 97.511(a) for publish a timely withdrawal of the and included as part of the comment
the State for the 2016 control period direct final rule in the Federal Register that is placed in the public docket and
with a list of TR NOX Ozone Season informing the public that the rule will made available on the Internet. If you
units that commenced operation prior to not take effect. submit an electronic comment, EPA
January 1, 2010, in the State and the ADDRESSES: Submit your comments,
recommends that you include your
state-determined amount of TR NOX identified by Docket ID No. EPA–R05– name and other contact information in
Ozone Season allowances allocated to OAR–2009–0805 by one of the following the body of your comment and with any
each unit on such list for the 2016 methods: disk or CD–ROM you submit. If EPA
control period, as approved by EPA on 1. www.regulations.gov: Follow the cannot read your comment due to
August 24, 2015, [Insert Federal on-line instructions for submitting technical difficulties and cannot contact
Register citation]. comments. you for clarification, EPA may not be
2. Email: aburano.douglas@epa.gov. able to consider your comment.
[FR Doc. 2015–20774 Filed 8–21–15; 8:45 am]
3. Fax: (312) 408–2279. Electronic files should avoid the use of
BILLING CODE 6560–50–P 4. Mail: Douglas Aburano, Chief, special characters, any form of
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Attainment Planning and Maintenance encryption, and be free of any defects or
Section, Air Programs Branch (AR–18J), viruses.
U.S. Environmental Protection Agency, Docket: All documents in the docket
77 West Jackson Boulevard, Chicago, are listed in the www.regulations.gov
Illinois 60604. index. Although listed in the index,
5. Hand Delivery: Douglas Aburano, some information is not publicly
Chief, Attainment Planning and available, e.g., CBI or other information
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![Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 51137
whose disclosure is restricted by statute. promulgating a new or revised NAAQS. condensables in the PSD program; (iv)
Certain other material, such as Section 110(a)(2) includes a list of PM2.5 increments in the PSD program;
copyrighted material, will be publicly specific elements that ‘‘[e]ach such and, (v) Greenhouse Gas(GHG)
available only in hard copy. Publicly plan’’ submission must address. This permitting and the ‘‘Tailoring Rule.’’ 3
available docket materials are available specific rulemaking is only taking action
(i) Enforcement of SIP Measures
either electronically in on the PSD elements of the Michigan
www.regulations.gov or in hard copy at submittal and the visibility element of The enforcement of SIP measures
the Environmental Protection Agency, the Wisconsin submittal. The majority provision was approved in the October
Region 5, Air and Radiation Division, 77 of the other infrastructure elements 29, 2012 rulemaking (77 FR 65478) for
West Jackson Boulevard, Chicago, were addressed in a proposed the 2006 PM2.5.
Illinois 60604. This facility is open from rulemaking published August 2, 2012, (ii): PSD Provisions That Explicitly
8:30 a.m. to 4:30 p.m., Monday through (77 FR 45992). Final action was taken Identify NOX as a Precursor to Ozone in
Friday, excluding Federal holidays. We on those elements on October 29, 2012, the PSD Program
recommend that you telephone Sarah (77 FR 65478).1 The infrastructure
elements for PSD are found in CAA EPA’s ‘‘Final Rule to Implement the 8-
Arra, Environmental Scientist, at (312)
110(a)(2)(C), 110(a)(2)(D), and Hour Ozone National Ambient Air
886–9401 before visiting the Region 5
110(a)(2)(J) and will be discussed in Quality Standard—Phase 2; Final Rule
office.
to Implement Certain Aspects of the
FOR FURTHER INFORMATION CONTACT:
detail below. The infrastructure
1990 Amendments Relating to New
Sarah Arra, Environmental Scientist, elements for visibility are also in CAA
Source Review and Prevention of
Attainment Planning and Maintenance section 110(a)(2)(D). For further
Significant Deterioration as They Apply
Section, Air Programs Branch (AR–18J), discussion on the background of
in Carbon Monoxide, Particulate Matter,
Environmental Protection Agency, infrastructure submittals, see 77 FR
and Ozone NAAQS; Final Rule for
Region 5, 77 West Jackson Boulevard, 45992.
Reformulated Gasoline’’ (Phase 2 Rule)
Chicago, Illinois 60604, (312) 886–9401, II. What is EPA’s review of these SIP was published on November 29, 2005
arra.sarah@epa.gov. submissions? (see 70 FR 71612). Among other
SUPPLEMENTARY INFORMATION: requirements, the Phase 2 Rule
A. Michigan—PSD
Throughout this document whenever obligated states to revise their PSD
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean PSD infrasture elements are addressed programs to explicitly identify NOX as
EPA. This SUPPLEMENTARY INFORMATION in different sections of the CAA: a precursor to ozone (70 FR 71612 at
section is arranged as follows: Sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 71679, 71699–71700). This requirement
and 110(a)(2)(J). was codified in 40 CFR 51.166.
I. What is the background of these SIP
submissions? 1. Section 110(a)(2)(C)—Program for The Phase 2 Rule required that states
II. What is EPA’s review of these SIP Enforcement of Control Measures; PSD submit SIP revisions incorporating the
submissions? requirements of the rule, including
III. What action is EPA taking?
States are required to include a those identifying NOX as a precursor to
IV. Statutory and Executive Order Reviews program providing for enforcement of ozone, by June 15, 2007 (see 70 FR
all SIP measures and the regulation of 71612 at 71683, November 29, 2005).
I. What is the background of these SIP construction of new or modified EPA approved revisions to Michigan’s
submissions? stationary sources to meet new source PSD SIP reflecting these requirements
This rulemaking addresses review (NSR) requirements under PSD on April 4, 2014 (see 79 FR 18802), and
submissions from the Michigan and nonattainment new source review therefore finds that Michigan has met
Department of Environmental Quality (NNSR) programs. Part C of the CAA the set of infrastructure SIP
(MDEQ) and the Wisconsin Department (sections 160–169B) addresses PSD, requirements of section 110(a)(2)(C)
of Natural Resources (WDNR). The while part D of the CAA (sections 171– with respect to the 2006 PM2.5 NAAQS.
states submitted their infrastructure 193) addresses NNSR requirements.
The evaluation of each state’s (iii): Identification of Precursors to PM2.5
SIPs for the 2006 PM2.5 NAAQS on the
submission addressing the and the Identification of PM2.5 and PM10
following dates: Michigan—August 15,
infrastructure SIP requirements of Condensables in the PSD Program
2011, supplemented on July 9, 2012;
Wisconsin—January 24, 2011, section 110(a)(2)(C) covers: (i) On May 16, 2008 (see 73 FR 28321),
supplemented on March 28, 2011 and Enforcement of SIP measures; (ii) PSD EPA issued the Final Rule on the
June 29, 2012. provisions that explicitly identify ‘‘Implementation of the New Source
The requirement for states to make a oxides of nitrogen (NOX) as a precursor Review (NSR) Program for Particulate
SIP submission of this type arises out of to ozone in the PSD program; (iii) Matter Less than 2.5 Micrometers
CAA section 110(a)(1). Pursuant to identification of precursors to PM2.5 and (PM2.5)’’ (2008 NSR Rule). The 2008
section 110(a)(1), states must make SIP the identification of PM2.5 and PM10 2 NSR Rule finalized several new
submissions ‘‘within 3 years (or such requirements for SIPs to address sources
1 For Michigan, action was taken on sections
shorter period as the Administrator may that emit direct PM2.5 and other
110(a)(2)(A) through (H), and (J) through (M), except
prescribe) after the promulgation of a for the prevention of significant deterioration
pollutants that contribute to secondary
national primary ambient air quality requirements in sections 110(a)(2)(C), (D)(i)(II), and PM2.5 formation. One of these
standard (or any revision thereof),’’ and (J), the visibility portion of 110(a)(2)(D)(i)(II), and
these SIP submissions are to provide for the state board requirements in (E)(ii). For 3 EPA highlights this statutory requirement in an
Wisconsin, action was taken on sections October 2, 2007, guidance document entitled
the ‘‘implementation, maintenance, and
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110(a)(2)(A) through (H), and (J) through (M), except ‘‘Guidance on SIP Elements Required Under
enforcement’’ of such NAAQS. The the prevention of significant deterioration Sections 110(a)(1) and (2) for the 1997 8-hour
statute directly imposes on states the requirements in sections 110(a)(2)(C), (D)(i)(II), and Ozone and PM2.5 National Ambient Air Quality
duty to make these SIP submissions, (J), the visibility portion of (D)(i)(II), and the state Standards’’ and has issued additional guidance
board requirements in (E)(ii). documents, the most recent on September 13, 2013,
and the requirement to make the 2 PM
10 refers to particles with diameters between ‘‘Guidance on Infrastructure State Implementation
submissions is not conditioned upon 2.5 and 10 microns, oftentimes referred to as Plan (SIP) Elements under Clean Air Act Sections
EPA’s taking any action other than ‘‘coarse’’ particles. 110(a)(1) and (2)’’ (2013 memo).
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![51140 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
further notice unless we receive relevant affect small governments, as described This action is not a ‘‘major rule’’ as
adverse written comments by September in the Unfunded Mandates Reform Act defined by 5 U.S.C. 804(2).
23, 2015. If we receive such comments, of 1995 (Pub. L. 104–4); Under section 307(b)(1) of the CAA,
we will withdraw this action before the • Does not have Federalism petitions for judicial review of this
effective date by publishing a implications as specified in Executive action must be filed in the United States
subsequent document that will Order 13132 (64 FR 43255, August 10, Court of Appeals for the appropriate
withdraw the final action. All public 1999); circuit by October 23, 2015. Filing a
comments received will then be • Is not an economically significant petition for reconsideration by the
addressed in a subsequent final rule regulatory action based on health or Administrator of this final rule does not
based on the proposed action. EPA will safety risks subject to Executive Order affect the finality of this action for the
not institute a second comment period. 13045 (62 FR 19885, April 23, 1997); purposes of judicial review nor does it
Any parties interested in commenting • Is not a significant regulatory action extend the time within which a petition
on this action should do so at this time. subject to Executive Order 13211 (66 FR for judicial review may be filed, and
Please note that if EPA receives adverse 28355, May 22, 2001); shall not postpone the effectiveness of
comment on an amendment, paragraph, • Is not subject to requirements of such rule or action. Parties with
or section of this rule and if that Section 12(d) of the National objections to this direct final rule are
provision may be severed from the Technology Transfer and Advancement encouraged to file a comment in
remainder of the rule, EPA may adopt Act of 1995 (15 U.S.C. 272 note) because response to the parallel notice of
as final those provisions of the rule that application of those requirements would proposed rulemaking for this action
are not the subject of an adverse be inconsistent with the Clean Air Act; published in the proposed rules section
comment. If we do not receive any and of today’s Federal Register, rather than
comments, this action will be effective • Does not provide EPA with the file an immediate petition for judicial
October 23, 2015. discretionary authority to address, as review of this direct final rule, so that
appropriate, disproportionate human EPA can withdraw this direct final rule
IV. Statutory and Executive Order health or environmental effects, using
Reviews and address the comment in the
practicable and legally permissible proposed rulemaking. This action may
Under the CAA, the Administrator is methods, under Executive Order 12898 not be challenged later in proceedings to
required to approve a SIP submission (59 FR 7629, February 16, 1994). enforce its requirements. (See section
that complies with the provisions of the In addition, the SIP is not approved 307(b)(2).)
CAA and applicable Federal regulations. to apply on any Indian reservation land
42 U.S.C. 7410(k); 40 CFR 52.02(a). or in any other area where EPA or an List of Subjects in 40 CFR Part 52
Thus, in reviewing SIP submissions, Indian tribe has demonstrated that a Environmental protection, Air
EPA’s role is to approve state choices, tribe has jurisdiction. In those areas of pollution control, Incorporation by
provided that they meet the criteria of Indian country, the rule does not have reference, Intergovernmental relations,
the CAA. Accordingly, this action tribal implications and will not impose Particulate matter, Reporting and
merely approves state law as meeting substantial direct costs on tribal recordkeeping requirements.
Federal requirements and does not governments or preempt tribal law as
impose additional requirements beyond specified by Executive Order 13175 (65 Dated: August 10, 2015.
those imposed by state law. For that FR 67249, November 9, 2000). Susan Hedman,
reason, this action: The Congressional Review Act, 5 Regional Administrator, Region 5.
• Is not a ‘‘significant regulatory U.S.C. 801 et seq., as added by the Small 40 CFR part 52 is amended as follows:
action’’ subject to review by the Office Business Regulatory Enforcement
of Management and Budget under Fairness Act of 1996, generally provides PART 52—[AMENDED]
Executive Orders 12866 (58 FR 51735, that before a rule may take effect, the
October 4, 1993) and 13563 (76 FR 3821, agency promulgating the rule must ■ 1. The authority citation for part 52
January 21, 2011); submit a rule report, which includes a continues to read as follows:
• Does not impose an information copy of the rule, to each House of the Authority: 42 U.S.C. 7401 et seq.
collection burden under the provisions Congress and to the Comptroller General
of the Paperwork Reduction Act (44 of the United States. EPA will submit a ■ 2. In § 52.1170, the table in paragraph
U.S.C. 3501 et seq.); report containing this action and other (e) is amended by revising the entry for
• Is certified as not having a required information to the U.S. Senate, ‘‘Section 110(a)(2) Infrastructure
significant economic impact on a the U.S. House of Representatives, and Requirements for the 2006 24-Hour
substantial number of small entities the Comptroller General of the United PM2.5 NAAQS’’ to read as follows:
under the Regulatory Flexibility Act (5 States prior to publication of the rule in
U.S.C. 601 et seq.); the Federal Register. A major rule § 52.1170 Identification of plan.
• Does not contain any unfunded cannot take effect until 60 days after it * * * * *
mandate or significantly or uniquely is published in the Federal Register. (e) * * *
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![Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations 51141
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
Name of nonregulatory geographic State submittal EPA approval date Comments
SIP provision or nonattain- date
ment area
* * * * * * *
Section 110(a)(2) Infra- Statewide .... 8/15/2011, 8/24/2015, [Insert page This action addresses the following CAA elements:
structure Requirements 7/9/2012 number where the docu- 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G),
for the 2006 24-Hour ment begins]. (H), (J), (K), (L), and (M). We are not taking action
PM2.5 NAAQS. on the visibility protection requirements of (D)(i)(II)
and the state board requirements of (E)(ii). We will
address these requirements in a separate action.
* * * * * * *
■ 3. Section 52.2591 is amended by ENVIRONMENTAL PROTECTION receives such comment, EPA will
revising paragraph (c) to read as follows: AGENCY publish a timely withdrawal of this
direct final rule in the Federal Register
§ 52.2591 Section 110(a)(2) Infrastructure 40 CFR Part 271 and inform the public that this
Requirements. authorization will not take effect.
[EPA–R04–RCRA–2015–0294; FRL–9932–
* * * * * 93–Region 4] ADDRESSES: Submit your comments,
(c) Approval and Disapproval — In a identified by Docket ID No. EPA–R04–
January 24, 2011, submittal, North Carolina: Final Authorization of RCRA–2015–0294, by one of the
supplemented on March 28, 2011, and State Hazardous Waste Management following methods:
June 29, 2012, Wisconsin certified that Program Revisions • Federal eRulemaking Portal:
the State has satisfied the infrastructure www.regulations.gov. Follow the on-line
AGENCY: Environmental Protection
SIP requirements of section 110(a)(2)(A) instructions for submitting comments.
Agency (EPA). • Email: gleaton.gwen@epa.gov.
through (H), and (J) through (M) for the ACTION: Direct final rule. • Fax: (404) 562–9964 (prior to
2006 24-hour PM2.5 NAAQS. EPA is faxing, please notify the EPA contact
approving Wisconsin’s submission SUMMARY: North Carolina has applied to
listed below).
the United States Environmental
addressing the infrastructure SIP • Mail: Send written comments to
requirements of section 110(a)(2)(A), Protection Agency (EPA) for final
Gwendolyn Gleaton, RCRA Programs
(B), (C) with respect to enforcement and authorization of changes to its
and Materials Management Section,
the GHG permitting threshold PSD hazardous waste program under the
Materials and Waste Management
requirement, (D)(i)(II) with respect to Resource Conservation and Recovery
Branch, Resource Conservation and
Act (RCRA). EPA has determined that
the GHG permitting threshold PSD Restoration Division, U.S.
these changes satisfy all requirements
requirement and visibility protection, Environmental Protection Agency,
needed to qualify for final authorization,
(D)(ii), (E) except for state board Atlanta Federal Center, 61 Forsyth
and is authorizing the State’s changes
requirements, (F) through (H), (J) except Street SW., Atlanta, Georgia 30303–
through this direct final rule. In the
for narrow prevention of significant 8960.
‘‘Proposed Rules’’ section of today’s • Hand Delivery or Courier: Deliver
deterioration requirements, and (K) Federal Register, EPA is also publishing
through (M). We are not finalizing your comments to Gwendolyn Gleaton,
a separate document that serves as the RCRA Programs and Materials
action on (D)(i)(I), the state board proposal to authorize these changes.
requirements of (E)(ii), and the PSD Management Section, Materials and
EPA believes this action is not Waste Management Branch, Resource
requirement of NOX as a precursor to controversial and does not expect Conservation and Restoration Division,
ozone in (C), (D)(i)(II), and (J). We will comments that oppose it. Unless EPA U.S. Environmental Protection Agency,
address these requirements in a separate receives written comments that oppose Atlanta Federal Center, 61 Forsyth
action. We are disapproving narrow this authorization during the comment Street SW., Atlanta, Georgia 30303–
portions of Wisconsin’s infrastructure period, the decision to authorize North 8960. Such deliveries are only accepted
SIP submission addressing the relevant Carolina’s changes to its hazardous during the Regional Office’s normal
prevention of significant deterioration waste program will take effect. If EPA hours of operation, and special
requirements of the 2008 NSR Rule receives comments that oppose this arrangements should be made for
(identifying PM2.5 precursors and the action, EPA will publish a document in deliveries of boxed information.
regulation of PM2.5 and PM10 the Federal Register withdrawing Instructions: EPA must receive your
condensables in permits) with respect to today’s direct final rule before it takes comments by September 23, 2015.
section 110(a)(2)(C), (D)(i)(II), and (J). effect, and the separate document Direct your comments to Docket ID No.
published in today’s ‘‘Proposed Rules’’ EPA–R04–RCRA–2015–0294. EPA’s
* * * * * section of this Federal Register will policy is that all comments received
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[FR Doc. 2015–20771 Filed 8–21–15; 8:45 am]
serve as the proposal to authorize the will be included in the public docket
BILLING CODE 6560–50–P
changes. without change and may be made
DATES: This final authorization will available online at www.regulations.gov,
become effective on October 23, 2015 including any personal information
unless EPA receives adverse written provided, unless the comment includes
comment by September 23, 2015. If EPA information claimed to be Confidential
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Document Created: 2015-12-15 10:55:00
Document Modified: 2015-12-15 10:55:00
| 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 | Direct final rule. | |
| Dates | This direct final rule will be effective October 23, 2015, unless EPA receives adverse comments by September 23, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected] | |
| FR Citation | 80 FR 51136 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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