80 FR 54468 - Wisconsin; Disapproval of Infrastructure SIP With Respect to Oxides of Nitrogen as a Precursor to Ozone Provisions for the 2006 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 175 (September 10, 2015)
Federal Register Volume 80, Issue 175 (September 10, 2015)
| Page Range | 54468-54471 | |
| FR Document | 2015-22863 |
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)] [Proposed Rules] [Pages 54468-54471] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22863] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2009-0805; FRL-9933-66-Region 5] Wisconsin; Disapproval of Infrastructure SIP With Respect to Oxides of Nitrogen as a Precursor to Ozone Provisions for the 2006 PM2.5 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to disapprove an element of State Implementation Plan (SIP) submissions from Wisconsin regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2006 fine particulate matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action pertains specifically to an infrastructure requirement for states to correctly address oxides of nitrogen (NOX ) as a precursor to ozone in their respective prevention of significant deterioration (PSD) programs. DATES: Comments must be received on or before October 13, 2015. 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 [[Page 54469]] 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 whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the U.S. Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Sarah Arra, Environmental Scientist, at (312) 886-9401, before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [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 should I consider as I prepare my comments for EPA? II. What is the background of this SIP submission? III. What is EPA's review of this SIP submission? IV. What action is EPA taking? V. Statutory and Executive Order Reviews. I. What should I consider as I prepare my comments for EPA? When submitting comments, remember to: 1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date, and page number). 2. Follow directions--EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. 4. Describe any assumptions and provide any technical information and/or data that you used. 5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. 6. Provide specific examples to illustrate your concerns, and suggest alternatives. 7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. 8. Make sure to submit your comments by the comment period deadline identified. II. What is the background of this SIP submission? This rulemaking addresses a January 24, 2011, submission supplemented on June 29, 2012, from the Wisconsin Department of Natural Resources (WDNR) intended to address all applicable infrastructure requirements for the 2006 PM2.5 NAAQS. The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and these SIP submissions are to provide for the ``implementation, maintenance, and enforcement'' of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. This specific rulemaking is only taking action on a specific requirement of PSD, NOX as a precursor to ozone, which is a component under the infrastructure elements described in CAA sections 110(a)(2)(C), (D)(i)(II), and (J). The majority of the other infrastructure elements were approved in an October 29, 2012 (77 FR 65478) rulemaking. III. What is EPA's review of this SIP submission? On September 13, 2013, EPA issued ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' (2013 Memo). As noted in the 2013 Memo, pursuant to CAA section 110(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. WDNR provided public comment opportunities on both its January 24, 2011 and October 29, 2012 submittals. EPA is also soliciting comments on the specific requirement we are evaluating in this proposed rulemaking. WDNR provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in section 110(a)(2) for the 2006 PM2.5 NAAQS, as applicable. The following review only evaluates the state's submissions for 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 [[Page 54470]] (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). During the comment period following the proposed approval for the infrastructure requirements of the 1997 ozone and PM2.5 NAAQS (76 FR 23757), two commenters observed that although EPA proposed to approve Wisconsin's infrastructure SIP as meeting the correct requirements for NOx as a precursor to ozone in the State's PSD program, Wisconsin's PSD SIP does not contain the most recent PSD program revisions required by EPA for this purpose. A subsequent review of Wisconsin's PSD SIP indicated that the commenters were correct in their assertion. Specifically, Wisconsin had not made necessary revisions to its PSD program with respect to the identification of NOX as a precursor to ozone, consistent with the explicit requirements of the Phase 2 Rule. This led EPA to disapprove Wisconsin's infrastructure SIP in June 2012 for this narrow portion of section 110(a)(2)(C) with respect to the 1997 ozone and PM2.5 (77 FR 35870). This final disapproval triggered the requirement under section 110(c) that EPA promulgate a Federal Implementation Plan (FIP) no later than two years from the effective date of the disapproval unless the State corrects the deficiency, and the Administrator approves the plan revision before the Administrator promulgates such FIP. Wisconsin has taken multiple steps to address NOX as a precursor to ozone in its PSD rules, starting in June 2012 with a note in rule. The state followed up with rule changes, effective August 2014, and SIP approved on October 6, 2014. (79 FR 60064) Prior to the effective date of the August 2014 rules, four additional areas requiring updated language were identified by EPA. Wisconsin was too far in the rule process to add additional changes at that point. Wisconsin immediately started a new rule package to address these additional areas, but these changes will not be effective until approximately August 2016 due to the length of the administrative rule process in Wisconsin. In our initial rulemaking on Wisconsin's 2006 PM2.5 infrastructure SIP, we did not take action on this provision because of our previous disapproval. However, a proposed consent decree \1\ between the Sierra Club and EPA requires EPA to take action on this portion of Wisconsin's submittal by November 30, 2015. Today's disapproval does not trigger a new FIP clock because the missing provisions are the same as those disapproved in the 1997 ozone and PM2.5 action. The evaluation of a state's PSD program is a requirement under the elements described in section 110 (a)(2)(C) and (J), and the most common way to comply with section 110(a)(2)(D)(i)(II). Therefore, EPA is proposing to narrowly disapprove the PSD provision of NOX as a precursor to ozone in the PSD portion of these three elements. --------------------------------------------------------------------------- \1\ Case 3:12-cv-06472-CRB, filed on January 21, 2015. --------------------------------------------------------------------------- IV. What action is EPA taking? EPA is proposing to narrowly disapprove portions of a submission from Wisconsin certifying that its current SIP is sufficient to meet required infrastructure elements. Specifically, EPA is proposing to disapprove the NOX as a precursor to ozone provisions for the PSD portions of infrastructure elements under CAA sections 110(a)(2)(C), (D)(i)(II), and (J) for the 2006 PM2.5 NAAQS. V. Statutory and Executive Order Reviews Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and, therefore, is not subject to review by the Office of Management and Budget. Paperwork Reduction Act This rulemaking does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Regulatory Flexibility Act This action merely proposes to disapprove state law as not meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Unfunded Mandates Reform Act Because this rulemaking proposes to disapprove pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). Executive Order 13132: Federalism This action also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to disapprove a state rule, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and would not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This proposed rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it proposes to disapprove a state rule. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Because it is not a ``significant regulatory action'' under Executive Order 12866 or a ``significant energy action,'' this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). [[Page 54471]] National Technology Transfer Advancement Act In reviewing state submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the state to use voluntary consensus standards (VCS), EPA has no authority to disapprove a state submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a state submission, to use VCS in place of a state submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: August 28, 2015. Susan Hedman, Regional Administrator, Region 5. [FR Doc. 2015-22863 Filed 9-9-15; 8:45 am] BILLING CODE 6560-50-P
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§ 28.6151–1 Time and place for paying tax Code pays 15 percent of a penalty for § 28.7701–1 Tax return preparer.
shown on returns. understatement of taxpayer’s liability, For the definition of the term tax
The tax due under this part 28 must and for procedural matters relating to return preparer, see § 301.7701–15 of
be paid at the time prescribed in the investigation, assessment, and this chapter.
§ 28.6071–1 for filing the return, and at collection of the penalties under section John Dalrymple,
the place prescribed in § 28.6091–1 for 6694(a) and (b), the rules under
filing the return. Deputy Commissioner for Services and
§ 1.6694–4 of this chapter apply. Enforcement.
§ 28.6694–1 Section 6694 penalties (b) Effective/applicability date. This [FR Doc. 2015–22574 Filed 9–9–15; 8:45 am]
applicable to return preparer. section applies to returns and claims for BILLING CODE 4830–01–P
(a) In general. For general rules refund filed, and advice provided, on or
regarding section 6694 penalties after the date of publication of a
applicable to preparers of returns or Treasury decision adopting these rules ENVIRONMENTAL PROTECTION
claims for refund of the tax under as final regulations in the Federal AGENCY
chapter 15 of subtitle B of the Internal Register.
Revenue Code (Code), see § 1.6694–1 of 40 CFR Part 52
this chapter. § 28.6695–1 Other assessable penalties
with respect to the preparation of tax [EPA–R05–OAR–2009–0805; FRL–9933–66–
(b) Effective/applicability date. This Region 5]
section applies to returns and claims for returns for other persons.
refund filed, and advice provided, on or (a) In general. A person who is a tax Wisconsin; Disapproval of
after the date of publication of a return preparer of any return or claim Infrastructure SIP With Respect to
Treasury decision adopting these rules for refund of any tax under chapter 15 Oxides of Nitrogen as a Precursor to
as final regulations in the Federal of subtitle B of the Internal Revenue Ozone Provisions for the 2006 PM2.5
Register. Code (Code) is subject to penalties for NAAQS
§ 28.6694–2 Penalties for understatement failure to furnish a copy to the taxpayer AGENCY: Environmental Protection
due to an unreasonable position. under section 6695(a) of the Code, Agency (EPA).
(a) In general. A person who is a tax failure to sign the return under section ACTION: Proposed rule.
return preparer of any return or claim 6695(b) of the Code, failure to furnish an
for refund of any tax under chapter 15 identification number under section SUMMARY: The Environmental Protection
of subtitle B of the Code is subject to 6695(c) of the Code, failure to retain a Agency (EPA) is proposing to
penalties under section 6694(a) in the copy or list under section 6695(d) of the disapprove an element of State
manner stated in § 1.6694–2 of this Code, failure to file a correct Implementation Plan (SIP) submissions
chapter. information return under section from Wisconsin regarding the
(b) Effective/applicability date. This 6695(e) of the Code, and negotiation of infrastructure requirements of section
section applies to returns and claims for a check under section 6695(f) of the 110 of the Clean Air Act (CAA) for the
refund filed, and advice provided, on or Code, in the manner stated in § 1.6695– 2006 fine particulate matter (PM2.5)
after the date of publication of a 1 of this chapter. National Ambient Air Quality Standard
Treasury decision adopting these rules (NAAQS). The infrastructure
as final regulations in the Federal (b) Effective/applicability date. This requirements are designed to ensure that
Register. section applies to returns and claims for the structural components of each
refund filed on or after the date of state’s air quality management program
§ 28.6694–3 Penalty for understatement publication of a Treasury decision are adequate to meet the state’s
due to willful, reckless, or intentional adopting these rules as final regulations responsibilities under the CAA. This
conduct.
in the Federal Register. action pertains specifically to an
(a) In general. A person who is a tax infrastructure requirement for states to
return preparer of any return or claim § 28.6696–1 Claims for credit or refund by correctly address oxides of nitrogen
for refund of any tax under chapter 15 tax return preparers and appraisers.
(NOX) as a precursor to ozone in their
of subtitle B of the Code is subject to (a) In general. For rules regarding respective prevention of significant
penalties under section 6694(b) in the claims for credit or refund by a tax deterioration (PSD) programs.
manner stated in § 1.6694–3 of this
return preparer who prepared a return DATES: Comments must be received on
chapter.
or claim for refund for any tax under or before October 13, 2015.
(b) Effective/applicability date. This
section applies to returns and claims for chapter 15 of subtitle B of the Internal ADDRESSES: Submit your comments,
refund filed, and advice provided, on or Revenue Code (Code), or by an appraiser identified by Docket ID No. EPA–R05–
after the date of publication of a that prepared an appraisal in connection OAR–2009–0805 by one of the following
Treasury decision adopting these rules with such a return or claim for refund methods:
as final regulations in the Federal under section 6695A of the Code, the 1. www.regulations.gov: Follow the
Register. rules under § 1.6696–1 of this chapter on-line instructions for submitting
will apply. comments.
§ 28.6694–4 Extension of period of 2. Email: aburano.douglas@epa.gov.
collection when tax return preparer pays 15 (b) Effective/applicability date. This 3. Fax: (312) 408–2279.
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percent of a penalty for understatement of section applies to returns and claims for 4. Mail: Douglas Aburano, Chief,
taxpayer’s liability and certain other refund filed, appraisals, and advice Attainment Planning and Maintenance
procedural matters. provided, on or after the date of Section, Air Programs Branch (AR–18J),
(a) In general. For rules relating to the publication of a Treasury decision U.S. Environmental Protection Agency,
extension of the period of collection adopting these rules as final regulations 77 West Jackson Boulevard, Chicago,
when a tax return preparer who in the Federal Register. Illinois 60604.
prepared a return or claim for refund of 5. Hand Delivery: Douglas Aburano,
tax under chapter 15 of subtitle B of the Chief, Attainment Planning and
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Maintenance Section, Air Programs Monday through Friday, excluding The requirement for states to make a
Branch (AR–18J), U.S. Environmental Federal holidays. We recommend that SIP submission of this type arises out of
Protection Agency, 77 West Jackson you telephone Sarah Arra, CAA section 110(a)(1). Pursuant to
Boulevard, Chicago, Illinois 60604. Environmental Scientist, at (312) 886– section 110(a)(1), states must make SIP
Such deliveries are only accepted 9401, before visiting the Region 5 office. submissions ‘‘within 3 years (or such
during the Regional Office normal hours FOR FURTHER INFORMATION CONTACT: shorter period as the Administrator may
of operation, and special arrangements Sarah Arra, Environmental Scientist, prescribe) after the promulgation of a
should be made for deliveries of boxed Attainment Planning and Maintenance national primary ambient air quality
information. The Regional Office official Section, Air Programs Branch (AR–18J), standard (or any revision thereof),’’ and
hours of business are Monday through U.S. Environmental Protection Agency, these SIP submissions are to provide for
Friday, 8:30 a.m. to 4:30 p.m., excluding Region 5, 77 West Jackson Boulevard, the ‘‘implementation, maintenance, and
Federal holidays. Chicago, Illinois 60604, (312) 886–9401, enforcement’’ of such NAAQS. The
Instructions: Direct your comments to arra.sarah@epa.gov. statute directly imposes on states the
Docket ID. EPA–R05–OAR–2009–0805. duty to make these SIP submissions,
SUPPLEMENTARY INFORMATION:
EPA’s policy is that all comments and the requirement to make the
Throughout this document whenever
received will be included in the public submissions is not conditioned upon
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
docket without change and may be EPA’s taking any action other than
EPA. This supplementary information
made available online at promulgating a new or revised NAAQS.
section is arranged as follows:
www.regulations.gov, including any Section 110(a)(2) includes a list of
personal information provided, unless I. What should I consider as I prepare my specific elements that ‘‘[e]ach such
the comment includes information comments for EPA? plan’’ submission must address.
claimed to be Confidential Business II. What is the background of this SIP This specific rulemaking is only
submission?
Information (CBI) or other information taking action on a specific requirement
III. What is EPA’s review of this SIP
whose disclosure is restricted by statute. submission?
of PSD, NOX as a precursor to ozone,
Do not submit information that you IV. What action is EPA taking? which is a component under the
consider to be CBI or otherwise V. Statutory and Executive Order Reviews. infrastructure elements described in
protected through www.regulations.gov CAA sections 110(a)(2)(C), (D)(i)(II), and
or email. The www.regulations.gov Web I. What should I consider as I prepare (J). The majority of the other
site is an ‘‘anonymous access’’ system, my comments for EPA? infrastructure elements were approved
which means EPA will not know your When submitting comments, in an October 29, 2012 (77 FR 65478)
identity or contact information unless remember to: rulemaking.
you provide it in the body of your 1. Identify the rulemaking by docket III. What is EPA’s review of this SIP
comment. If you send an email number and other identifying submission?
comment directly to EPA without going information (subject heading, Federal
through www.regulations.gov your email Register date, and page number). On September 13, 2013, EPA issued
address will be automatically captured 2. Follow directions—EPA may ask ‘‘Guidance on Infrastructure State
and included as part of the comment you to respond to specific questions or Implementation Plan (SIP) Elements
that is placed in the public docket and organize comments by referencing a under Clean Air Act Sections 110(a)(1)
made available on the Internet. If you Code of Federal Regulations (CFR) part and 110(a)(2)’’ (2013 Memo). As noted
submit an electronic comment, EPA or section number. in the 2013 Memo, pursuant to CAA
recommends that you include your 3. Explain why you agree or disagree; section 110(a), states must provide
name and other contact information in suggest alternatives and substitute reasonable notice and opportunity for
the body of your comment and with any language for your requested changes. public hearing for all infrastructure SIP
disk or CD–ROM you submit. If EPA 4. Describe any assumptions and submissions. WDNR provided public
cannot read your comment due to provide any technical information and/ comment opportunities on both its
technical difficulties and cannot contact or data that you used. January 24, 2011 and October 29, 2012
you for clarification, EPA may not be 5. If you estimate potential costs or submittals. EPA is also soliciting
able to consider your comment. burdens, explain how you arrived at comments on the specific requirement
Electronic files should avoid the use of your estimate in sufficient detail to we are evaluating in this proposed
special characters, any form of allow for it to be reproduced. rulemaking. WDNR provided a detailed
encryption, and be free of any defects or 6. Provide specific examples to synopsis of how various components of
viruses. illustrate your concerns, and suggest its SIP meet each of the applicable
Docket: All documents in the docket alternatives. requirements in section 110(a)(2) for the
are listed in the www.regulations.gov 7. Explain your views as clearly as 2006 PM2.5 NAAQS, as applicable. The
index. Although listed in the index, possible, avoiding the use of profanity following review only evaluates the
some information is not publicly or personal threats. state’s submissions for PSD provisions
available, e.g., CBI or other information 8. Make sure to submit your that explicitly identify NOX as a
whose disclosure is restricted by statute. comments by the comment period precursor to ozone in the PSD program.
Certain other material, such as deadline identified. EPA’s ‘‘Final Rule to Implement the 8-
copyrighted material, will be publicly Hour Ozone National Ambient Air
available only in hard copy. Publicly II. What is the background of this SIP Quality Standard—Phase 2; Final Rule
rmajette on DSK2VPTVN1PROD with PROPOSALS
available docket materials are available submission? to Implement Certain Aspects of the
either electronically in This rulemaking addresses a January 1990 Amendments Relating to New
www.regulations.gov or in hard copy at 24, 2011, submission supplemented on Source Review and Prevention of
the U.S. Environmental Protection June 29, 2012, from the Wisconsin Significant Deterioration as They Apply
Agency, Region 5, Air and Radiation Department of Natural Resources in Carbon Monoxide, Particulate Matter,
Division, 77 West Jackson Boulevard, (WDNR) intended to address all and Ozone NAAQS; Final Rule for
Chicago, Illinois 60604. This facility is applicable infrastructure requirements Reformulated Gasoline’’ (Phase 2 Rule)
open from 8:30 a.m. to 4:30 p.m., for the 2006 PM2.5 NAAQS. was published on November 29, 2005
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National Technology Transfer Connecticut’s infrastructure identity or contact information unless
Advancement Act requirements of the Clean Air Act you provide it in the body of your
In reviewing state submissions, EPA’s regarding prevention of significant comment. If you send an email
role is to approve state choices, deterioration requirements to treat comment directly to EPA without going
provided that they meet the criteria of nitrogen oxides as a precursor to ozone through www.regulations.gov your email
the CAA. In this context, in the absence and to establish a minor source baseline address will be automatically captured
of a prior existing requirement for the date for PM2.5 emissions. Lastly, EPA is and included as part of the comment
state to use voluntary consensus proposing to approve three statutes that is placed in the public docket and
standards (VCS), EPA has no authority submitted by Connecticut in support of made available on the Internet. If you
to disapprove a state submission for their demonstration that the submit an electronic comment, EPA
failure to use VCS. It would thus be infrastructure requirements of the CAA recommends that you include your
inconsistent with applicable law for have been met. name and other contact information in
EPA, when it reviews a state The infrastructure requirements are the body of your comment and with any
submission, to use VCS in place of a designed to ensure that the structural disk or CD–ROM you submit. If EPA
state submission that otherwise satisfies components of each state’s air quality cannot read your comment due to
the provisions of the CAA. Thus, the management program are adequate to technical difficulties and cannot contact
requirements of section 12(d) of the meet the state’s responsibilities under you for clarification, EPA may not be
National Technology Transfer and the CAA. able to consider your comment.
Advancement Act of 1995 (15 U.S.C. DATES: Comments must be received on Electronic files should avoid the use of
272 note) do not apply. or before October 13, 2015. special characters, any form of
ADDRESSES: Submit your comments, encryption, and be free of any defects or
List of Subjects in 40 CFR Part 52 identified by the appropriate Docket ID viruses.
Environmental protection, Air number as indicated in the instructions Docket: All documents in the docket
pollution control, Incorporation by section below, by one of the following are listed in the www.regulations.gov
reference, Intergovernmental relations, methods: index. Although listed in the index,
Particulate matter, Reporting and 1. www.regulations.gov: Follow the some information is not publicly
recordkeeping requirements. on-line instructions for submitting available, e.g., CBI or other information
comments. whose disclosure is restricted by statute.
Dated: August 28, 2015. Certain other material, such as
Susan Hedman, 2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047. copyrighted material, will be publicly
Regional Administrator, Region 5. available only in hard copy. Publicly
4. Mail: Anne Arnold, Manager, Air
[FR Doc. 2015–22863 Filed 9–9–15; 8:45 am]
Quality Planning Unit, Air Programs available docket materials are available
BILLING CODE 6560–50–P Branch, Mail Code OEP05–2, U.S. at http://www.regulations.gov or in hard
Environmental Protection Agency, 5 copy at U.S. Environmental Protection
Post Office Square, Suite 100, Boston, Agency, EPA New England Regional
ENVIRONMENTAL PROTECTION Massachusetts 02109–3912. Office, Air Programs Branch, 5 Post
AGENCY 5. Hand Delivery: Anne Arnold, Office Square, Boston, Massachusetts.
Manager, Air Quality Planning Unit, Air This facility is open from 8:30 a.m. to
40 CFR Part 52 4:30 p.m., Monday through Friday,
Programs Branch, Mail Code OEP05–2,
[EPA–R01–OAR–2015–0198; FRL–9933–38– U.S. Environmental Protection Agency, excluding Federal holidays.
Region 1] 5 Post Office Square, Suite 100, Boston, FOR FURTHER INFORMATION CONTACT:
Massachusetts 02109–3912. Such Alison Simcox, Environmental
Approval and Promulgation of Air Scientist, Air Quality Planning Unit, Air
deliveries are only accepted during the
Quality Implementation Plans; Programs Branch (Mail Code OEP05–
Regional Office normal hours of
Connecticut; Infrastructure State 02), U.S. Environmental Protection
operation, and special arrangements
Implementation Plan Requirements Agency, Region 1, 5 Post Office Square,
should be made for deliveries of boxed
AGENCY: Environmental Protection information. The Regional Office official Suite 100, Boston, Massachusetts
Agency (EPA). hours of business are Monday through 02109–3912; (617) 918–1684;
ACTION: Proposed rule. Friday, 8:30 a.m. to 4:30 p.m., excluding simcox.alison@epa.gov.
Federal holidays. SUPPLEMENTARY INFORMATION:
SUMMARY: The Environmental Protection Instructions: Direct your comments to Throughout this document whenever
Agency (EPA) is proposing to approve Docket ID. EPA–R01–OAR–2015–0198. ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
elements of State Implementation Plan EPA’s policy is that all comments EPA. This supplementary information
(SIP) submissions from Connecticut received will be included in the public section is arranged as follows:
regarding the infrastructure docket without change and may be I. What should I consider as I prepare my
requirements of Clean Air Act (CAA or made available online at comments for EPA?
Act) for the 2008 lead (Pb), 2008 8-hr www.regulations.gov, including any II. What is the background of these State
ozone, 2010 nitrogen dioxide (NO2), and personal information provided, unless Implementation Plan submissions?
2010 sulfur dioxide (SO2) National the comment includes information A. What Connecticut SIP submissions does
Ambient Air Quality Standards claimed to be Confidential Business this rulemaking address?
rmajette on DSK2VPTVN1PROD with PROPOSALS
(NAAQS). EPA is also proposing to Information (CBI) or other information B. Why did the state make these SIP
convert conditional approvals for whose disclosure is restricted by statute. submissions?
several infrastructure requirements for Do not submit information that you C. What is the scope of this rulemaking?
III. What guidance is EPA using to evaluate
the 1997 8-hour ozone NAAQS and for consider to be CBI or otherwise these SIP submissions?
the 1997 and 2006 fine particle (PM2.5) protected through www.regulations.gov IV. What is the result of EPA’s review of
NAAQS to full approval under the CAA. or email. The www.regulations.gov Web these SIP submissions?
Furthermore, we are proposing to newly site is an ‘‘anonymous access’’ system, A. Section 110(a)(2)(A)—Emission Limits
conditionally approve elements of which means EPA will not know your and Other Control Measures
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Document Created: 2015-12-15 10:04:24
Document Modified: 2015-12-15 10:04:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before October 13, 2015. | |
| Contact | Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-9401, [email protected] | |
| FR Citation | 80 FR 54468 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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