80 FR 54725 - Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 176 (September 11, 2015)
Federal Register Volume 80, Issue 176 (September 11, 2015)
| Page Range | 54725-54728 | |
| FR Document | 2015-22864 |
[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)] [Rules and Regulations] [Pages 54725-54728] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22864] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0704; FRL-9933-62-Region 5] Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2 , and 2010 SO2 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve some elements of state implementation plan (SIP) submissions from Wisconsin regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 ozone, 2010 nitrogen dioxide (NO2 ), and 2010 sulfur dioxide (SO2 ) 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. The [[Page 54726]] proposed rulemaking associated with this final action was published on April 20, 2015, and EPA received no comments during the comment period, which ended on May 20, 2015. DATES: This final rule is effective on October 13, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2014-0704. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the 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 Eric Svingen, Environmental Engineer, at (312) 353-4489 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [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 action is EPA taking? III. Statutory and Executive Order Reviews. I. What is the background of these SIP submissions? A. What state submissions does this rulemaking address? This rulemaking addresses June 20, 2013, submissions and a January 28, 2015, clarification from the Wisconsin Department of Natural Resources (WDNR) intended to address all applicable infrastructure requirements for the 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. B. Why did the state make these SIP submissions? Under section 110(a)(1) and (2) of the CAA, states are required to submit infrastructure SIPs to ensure that their SIPs provide for implementation, maintenance, and enforcement of the NAAQS, including the 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. These submissions must contain any revisions needed for meeting the applicable SIP requirements of section 110(a)(2), or certifications that their existing SIPs for the NAAQS already meet those requirements. EPA has highlighted this statutory requirement in multiple guidance documents. The most recent, entitled ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'', was published on September 13, 2013. C. What is the scope of this rulemaking? EPA is acting upon the SIP submissions from Wisconsin that address the infrastructure requirements of CAA section 110(a)(1) and (2) for the 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. The requirement for states to make SIP submissions of this type arises out of CAA section 110(a)(1), which states that 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. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA section 110(a)(1) and (2) as ``infrastructure SIP'' submissions. Although the term ``infrastructure SIP'' does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA, such as SIP submissions that address the nonattainment planning requirements of part D and the Prevention of Significant Deterioration (PSD) requirements of part C of title I of the CAA, and ``regional haze SIP'' submissions required to address the visibility protection requirements of CAA section 169A. This rulemaking will not cover three substantive areas because they are not integral to acting on a state's infrastructure SIP submissions: (i) Existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction (''SSM'') at sources, that may be contrary to the CAA and EPA's policies addressing such excess emissions; (ii) existing provisions related to ``director's variance'' or ``director's discretion'' that purport to permit revisions to SIP approved emissions limits with limited public notice or without requiring further approval by EPA, that may be contrary to the CAA; and, (iii) existing provisions for PSD programs that may be inconsistent with current requirements of EPA's ``Final NSR Improvement Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA has the authority to address each one of these substantive areas in separate rulemakings. A detailed history, interpretation, and rationale as they relate to infrastructure SIP requirements can be found in EPA's May 13, 2014, proposed rule entitled, ``Infrastructure SIP Requirements for the 2008 Lead NAAQS'' in the section, ``What is the scope of this rulemaking?'' (see 79 FR 27241 at 27242-27245). II. What action is EPA taking? EPA is taking final action to approve most elements of submissions from Wisconsin certifying that its current SIP is sufficient to meet the required infrastructure elements under section 110(a)(1) and (2) for the 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. The proposed rulemaking associated with this final action was published on April 20, 2015 (75 FR 21685), and EPA received no comments during the comment period, which ended on May 20, 2015. EPA is therefore taking final action to approve, as proposed, most elements of Wisconsin's submissions. EPA's actions for the state's satisfaction of infrastructure SIP requirements, by element of section 110(a)(2) and NAAQS, are contained in the table below. [[Page 54727]] ------------------------------------------------------------------------ 2008 Element Ozone 2010 NO2 2010 SO2 ------------------------------------------------------------------------ (A)--Emission limits and other A A A control measures................... (B)--Ambient air quality monitoring/ A A A data system........................ (C)1--Program for enforcement of A A A control measures................... (C)2--PSD........................... NA NA NA (D)1--I Prong 1: Interstate NA A NA transport--significant contribution (D)2--I Prong 2: Interstate NA A NA transport--interfere with maintenance........................ (D)3--II Prong 3: Interstate NA NA NA transport--prevention of significant deterioration.......... (D)4--II Prong 4: Interstate A A A transport--protect visibility...... (D)5--Interstate and international A A A pollution abatement................ (E)1--Adequate resources............ A A A (E)2--State board requirements...... NA NA NA (F)--Stationary source monitoring A A A system............................. (G)--Emergency power................ A A A (H)--Future SIP revisions........... A A A (I)--Nonattainment planning NA NA NA requirements of part D............. (J)1--Consultation with government A A A officials.......................... (J)2--Public notification........... A A A (J)3--PSD........................... NA NA NA (J)4--Visibility protection......... A A A (K)--Air quality modeling/data...... A A A (L)--Permitting fees................ A A A (M)--Consultation and participation A A A by affected local entities......... ------------------------------------------------------------------------ In the above table, the key is as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ A......................................... Approve. NA........................................ No Action/Separate Rulemaking. ------------------------------------------------------------------------ III. 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 CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 November 10, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides. Dated: August 27, 2015. Susan Hedman, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: [[Page 54728]] PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. Section 52.2591 is amended by adding paragraphs (g), (h), and (i) to read as follows: Sec. 52.2591 Section 110(a)(2) infrastructure requirements. * * * * * (g) Approval--In a June 20, 2013, submission with a January 28, 2015, clarification, 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 2008 ozone NAAQS. We are not taking action on the prevention of significant deterioration requirements related to section 110(a)(2)(C), (D)(i)(II), and (J), the transport provisions in section 110(a)(2)(D)(i)(I), and the state board requirements of (E)(ii). We will address these requirements in a separate action. (h) Approval--In a June 20, 2013, submission with a January 28, 2015, clarification, 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 2010 nitrogen dioxide (NO 2 ) NAAQS. We are not taking action on the prevention of significant deterioration requirements related to section 110(a)(2)(C), (D)(i)(II), and (J), and the state board requirements of (E)(ii). We will address these requirements in a separate action. (i) Approval--In a June 20, 2013, submission with a January 28, 2015, clarification, 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 2010 sulfur dioxide (SO2 ) NAAQS. We are not taking action on the prevention of significant deterioration requirements related to section 110(a)(2)(C), (D)(i)(II), and (J), the transport provisions in section 110(a)(2)(D)(i)(I), and the state board requirements of (E)(ii). We will address these requirements in a separate action. [FR Doc. 2015-22864 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations 54725
Indian tribe has demonstrated that a action must be filed in the United States and recordkeeping requirements, Sulfur
tribe has jurisdiction. In those areas of Court of Appeals for the appropriate dioxide.
Indian country, the rule does not have circuit by November 10, 2015. Filing a Dated: August 28, 2015.
tribal implications and will not impose petition for reconsideration by the
substantial direct costs on tribal Administrator of this final rule does not Susan Hedman,
governments or preempt tribal law as affect the finality of this action for the Regional Administrator, Region 5.
specified by Executive Order 13175 (65 purposes of judicial review nor does it 40 CFR part 52 is amended as follows:
FR 67249, November 9, 2000). extend the time within which a petition
The Congressional Review Act, 5 for judicial review may be filed, and PART 52—APPROVAL AND
U.S.C. 801 et seq., as added by the Small shall not postpone the effectiveness of PROMULGATION OF
Business Regulatory Enforcement such rule or action. Parties with IMPLEMENTATION PLANS
Fairness Act of 1996, generally provides objections to this direct final rule are
that before a rule may take effect, the encouraged to file a comment in ■ 1. The authority citation for part 52
agency promulgating the rule must response to the parallel notice of continues to read as follows:
submit a rule report, which includes a proposed rulemaking for this action
copy of the rule, to each House of the published in the proposed rules section Authority: 42 U.S.C. 7401 et seq.
Congress and to the Comptroller General of today’s Federal Register, rather than
■ 2. Section 52.770, the table in
of the United States. EPA will submit a file an immediate petition for judicial
report containing this action and other paragraph (c) is amended by revising the
review of this direct final rule, so that
required information to the U.S. Senate, entry for Rule 7–4.1–21 ‘‘Walsh and
EPA can withdraw this direct final rule
the U.S. House of Representatives, and Kelly sulfur dioxide emission
and address the comment in the
the Comptroller General of the United limitations’’ under the subheading
proposed rulemaking. This action may
States prior to publication of the rule in entitled ‘‘Rule 4.1 Lake County Sulfur
not be challenged later in proceedings to
the Federal Register. A major rule Dioxide Emission Limitations’’ under
enforce its requirements. (See section
cannot take effect until 60 days after it the heading entitled ‘‘Article 7. Sulfur
307(b)(2).)
is published in the Federal Register. Dioxide Rules’’ to read as follows:
This action is not a ‘‘major rule’’ as List of Subjects in 40 CFR Part 52
§ 52.770 Identification of plan.
defined by 5 U.S.C. 804(2). Environmental protection, Air
Under section 307(b)(1) of the CAA, pollution control, Emissions Reporting, * * * * *
petitions for judicial review of this Incorporation by reference, Reporting (c) * * *
EPA-APPROVED INDIANA REGULATIONS
Indiana Indiana
Subject EPA Approval date Notes
citation effective date
* * * * * * *
Article 7. Sulfur Dioxide Rules
* * * * * * *
Rule 4.1 Lake County Sulfur Dioxide Emission Limitations
* * * * * * *
7–4.1–21 ........................... Walsh and Kelly sulfur dioxide emission limitations .. 5/29/2015 9/11/2015, [insert Federal
Register citation].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The Environmental Protection
[FR Doc. 2015–22716 Filed 9–10–15; 8:45 am] AGENCY Agency (EPA) is taking final action to
BILLING CODE 6560–50–P approve some elements of state
40 CFR Part 52 implementation plan (SIP) submissions
from Wisconsin regarding the
[EPA–R05–OAR–2014–0704; FRL–9933–62– infrastructure requirements of section
Region 5] 110 of the Clean Air Act (CAA) for the
2008 ozone, 2010 nitrogen dioxide
Air Plan Approval; Wisconsin;
(NO2), and 2010 sulfur dioxide (SO2)
Infrastructure SIP Requirements for
National Ambient Air Quality Standards
rmajette on DSK7SPTVN1PROD with RULES
the 2008 Ozone, 2010 NO2, and 2010
SO2 NAAQS (NAAQS). The infrastructure
requirements are designed to ensure that
AGENCY: Environmental Protection the structural components of each
Agency (EPA). state’s air quality management program
are adequate to meet the state’s
ACTION: Final rule. responsibilities under the CAA. The
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proposed rulemaking associated with B. Why did the state make these SIP Prevention of Significant Deterioration
this final action was published on April submissions? (PSD) requirements of part C of title I of
20, 2015, and EPA received no Under section 110(a)(1) and (2) of the the CAA, and ‘‘regional haze SIP’’
comments during the comment period, CAA, states are required to submit submissions required to address the
which ended on May 20, 2015. infrastructure SIPs to ensure that their visibility protection requirements of
DATES: This final rule is effective on SIPs provide for implementation, CAA section 169A.
October 13, 2015. maintenance, and enforcement of the This rulemaking will not cover three
ADDRESSES: EPA has established a NAAQS, including the 2008 ozone, substantive areas because they are not
docket for this action under Docket ID 2010 NO2, and 2010 SO2 NAAQS. These integral to acting on a state’s
No. EPA–R05–OAR–2014–0704. All submissions must contain any revisions infrastructure SIP submissions: (i)
documents in the docket are listed on needed for meeting the applicable SIP Existing provisions related to excess
the www.regulations.gov Web site. requirements of section 110(a)(2), or emissions during periods of start-up,
Although listed in the index, some certifications that their existing SIPs for shutdown, or malfunction (’’SSM’’) at
information is not publicly available, the NAAQS already meet those sources, that may be contrary to the
e.g., Confidential Business Information requirements. CAA and EPA’s policies addressing
(CBI) or other information whose EPA has highlighted this statutory such excess emissions; (ii) existing
disclosure is restricted by statute. requirement in multiple guidance provisions related to ‘‘director’s
Certain other material, such as documents. The most recent, entitled variance’’ or ‘‘director’s discretion’’ that
copyrighted material, is not placed on ‘‘Guidance on Infrastructure State purport to permit revisions to SIP
the Internet and will be publicly Implementation Plan (SIP) Elements approved emissions limits with limited
available only in hard copy form. under CAA Sections 110(a)(1) and (2)’’, public notice or without requiring
Publicly available docket materials are was published on September 13, 2013. further approval by EPA, that may be
available either electronically through contrary to the CAA; and, (iii) existing
www.regulations.gov or in hard copy at C. What is the scope of this rulemaking?
provisions for PSD programs that may
the Environmental Protection Agency, EPA is acting upon the SIP be inconsistent with current
Region 5, Air and Radiation Division, 77 submissions from Wisconsin that requirements of EPA’s ‘‘Final NSR
West Jackson Boulevard, Chicago, address the infrastructure requirements Improvement Rule,’’ 67 FR 80186
Illinois 60604. This facility is open from of CAA section 110(a)(1) and (2) for the (December 31, 2002), as amended by 72
8:30 a.m. to 4:30 p.m., Monday through 2008 ozone, 2010 NO2, and 2010 SO2 FR 32526 (June 13, 2007) (‘‘NSR
Friday, excluding Federal holidays. We NAAQS. The requirement for states to Reform’’). Instead, EPA has the
recommend that you telephone Eric make SIP submissions of this type arises authority to address each one of these
Svingen, Environmental Engineer, at out of CAA section 110(a)(1), which substantive areas in separate
(312) 353–4489 before visiting the states that states must make SIP rulemakings. A detailed history,
Region 5 office. submissions ‘‘within 3 years (or such interpretation, and rationale as they
FOR FURTHER INFORMATION CONTACT: Eric shorter period as the Administrator may relate to infrastructure SIP requirements
Svingen, Environmental Engineer, prescribe) after the promulgation of a can be found in EPA’s May 13, 2014,
Attainment Planning and Maintenance national primary ambient air quality proposed rule entitled, ‘‘Infrastructure
Section, Air Programs Branch (AR–18J), standard (or any revision thereof),’’ and SIP Requirements for the 2008 Lead
Environmental Protection Agency, these SIP submissions are to provide for NAAQS’’ in the section, ‘‘What is the
Region 5, 77 West Jackson Boulevard, the ‘‘implementation, maintenance, and scope of this rulemaking?’’ (see 79 FR
Chicago, Illinois 60604, (312) 353–4489, enforcement’’ of such NAAQS. The 27241 at 27242–27245).
svingen.eric@epa.gov. statute directly imposes on states the
SUPPLEMENTARY INFORMATION: duty to make these SIP submissions, II. What action is EPA taking?
Throughout this document whenever and the requirement to make the EPA is taking final action to approve
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean submissions is not conditioned upon most elements of submissions from
EPA. This supplementary information EPA’s taking any action other than Wisconsin certifying that its current SIP
section is arranged as follows: promulgating a new or revised NAAQS. is sufficient to meet the required
I. What is the background of these SIP Section 110(a)(2) includes a list of infrastructure elements under section
submissions? specific elements that ‘‘[e]ach such 110(a)(1) and (2) for the 2008 ozone,
II. What action is EPA taking? plan’’ submission must address.
III. Statutory and Executive Order Reviews. 2010 NO2, and 2010 SO2 NAAQS.
EPA has historically referred to these
SIP submissions made for the purpose The proposed rulemaking associated
I. What is the background of these SIP
of satisfying the requirements of CAA with this final action was published on
submissions?
section 110(a)(1) and (2) as April 20, 2015 (75 FR 21685), and EPA
A. What state submissions does this ‘‘infrastructure SIP’’ submissions. received no comments during the
rulemaking address? Although the term ‘‘infrastructure SIP’’ comment period, which ended on May
This rulemaking addresses June 20, does not appear in the CAA, EPA uses 20, 2015. EPA is therefore taking final
2013, submissions and a January 28, the term to distinguish this particular action to approve, as proposed, most
2015, clarification from the Wisconsin type of SIP submission from elements of Wisconsin’s submissions.
Department of Natural Resources submissions that are intended to satisfy EPA’s actions for the state’s
(WDNR) intended to address all other SIP requirements under the CAA, satisfaction of infrastructure SIP
rmajette on DSK7SPTVN1PROD with RULES
applicable infrastructure requirements such as SIP submissions that address requirements, by element of section
for the 2008 ozone, 2010 NO2, and 2010 the nonattainment planning 110(a)(2) and NAAQS, are contained in
SO2 NAAQS. requirements of part D and the the table below.
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PART 52—APPROVAL AND ENVIRONMENTAL PROTECTION ‘‘Communications on Errors PCA
PROMULGATION OF AGENCY August 2015’’). These communications
IMPLEMENTATION PLANS outlined several errors in the regulatory
40 CFR Part 63 text of the final rule (80 FR 44772).
■ 1. The authority citation for part 52 [EPA–HQ–OAR–2011–0817; FRL–9933–76– These all pertain to monitoring
continues to read as follows: OAR] requirements. The EPA agrees that these
are errors (typographical and
RIN 2060–AQ93 unintended phrasing or omissions), and
Authority: 42 U.S.C. 7401 et seq.
is correcting these errors in this
■ 2. Section 52.2591 is amended by National Emission Standards for document. We are also removing two
adding paragraphs (g), (h), and (i) to Hazardous Air Pollutants for the passages (which consisted of four
read as follows: Portland Cement Manufacturing sentences) that were inadvertently left
Industry and Standards of in the final amendments, but were
§ 52.2591 Section 110(a)(2) infrastructure Performance for Portland Cement discussed by the EPA as being removed
requirements. Plants; Correction in the Response to Comment (RTC)
* * * * * AGENCY: Environmental Protection document for the final amendments (see
(g) Approval—In a June 20, 2013, Agency (EPA). docket item EPA–HQ–OAR–2011–0817–
submission with a January 28, 2015, ACTION: Final rule; correcting 0870, page 8). In the RTC, we discussed
clarification, Wisconsin certified that amendments. that data substitution is not an allowed
the state has satisfied the infrastructure practice when determining compliance,
SIP requirements of section 110(a)(2)(A) SUMMARY: The Environmental Protection but these four sentences discuss
through (H), and (J) through (M) for the Agency (EPA) published a final rule in procedures for data substitution.
2008 ozone NAAQS. We are not taking the Federal Register on July 27, 2015, Leaving these sentences in the rule,
titled National Emission Standards for thus, does not reflect the EPA’s stated
action on the prevention of significant
Hazardous Air Pollutants for the intention, and would lead to confusion
deterioration requirements related to
Portland Cement Manufacturing given the direct conflict between the
section 110(a)(2)(C), (D)(i)(II), and (J),
Industry and Standards of Performance RTC document and the rule text.
the transport provisions in section We are making one further technical
for Portland Cement Plants. This final
110(a)(2)(D)(i)(I), and the state board correction involving timing of
rule makes technical corrections and
requirements of (E)(ii). We will address clarifications to the regulations performance tests. The correction keeps
these requirements in a separate action. published in that final rule. The rule in place the specified time by which
(h) Approval—In a June 20, 2013, also includes a provision describing performance tests must be conducted,
submission with a January 28, 2015, performance testing requirements when but will no longer set out a window of
clarification, Wisconsin certified that a source demonstrates compliance with time in which the test must be
the state has satisfied the infrastructure the hydrochloric acid (HCl) emissions conducted. The net effect is that
SIP requirements of section 110(a)(2)(A) standard using a continuous emissions performance tests can be conducted
through (H), and (J) through (M) for the monitoring system (CEMS) for sulfur earlier than the window of time in the
2010 nitrogen dioxide (NO2) NAAQS. dioxide measurement and reporting. current rule text if a source desires to
We are not taking action on the DATES: Effective September 9, 2015. conduct its performance test earlier. The
prevention of significant deterioration EPA had already indicated in the RTC
FOR FURTHER INFORMATION CONTACT: Ms.
document that it was making this
requirements related to section Sharon Nizich, Sector Policies and
change (see docket item EPA–HQ–OAR–
110(a)(2)(C), (D)(i)(II), and (J), and the Programs Division (D243–04), Office of
2011–0817–0870, page 5). The EPA
state board requirements of (E)(ii). We Air Quality Planning and Standards,
regards this amendment as a
will address these requirements in a U.S. Environmental Protection Agency,
clarification (the current rule could be
separate action. Research Triangle Park, North Carolina
interpreted to allow earlier testing) so
(i) Approval—In a June 20, 2013, 27711, telephone number: (919) 541–
that the rule reads precisely as intended,
2825; facsimile number: (919) 541–5450;
submission with a January 28, 2015, as stated by the EPA in the RTC
email address: nizich.sharon@epa.gov.
clarification, Wisconsin certified that document.
For information about the applicability
the state has satisfied the infrastructure of the national emission standards for List of Subjects in 40 CFR Part 63
SIP requirements of section 110(a)(2)(A) hazardous air pollutants or new source
through (H), and (J) through (M) for the Environmental protection,
performance standards, contact Mr. Administrative practice and procedure,
2010 sulfur dioxide (SO2) NAAQS. We Patrick Yellin, Monitoring, Assistance
are not taking action on the prevention Air pollution control, Hazardous
and Media Programs Division (2227A), substances, Intergovernmental relations,
of significant deterioration requirements Office of Enforcement and Compliance Reporting and recordkeeping
related to section 110(a)(2)(C), (D)(i)(II), Assurance, U.S. Environmental requirements.
and (J), the transport provisions in Protection Agency, 1200 Pennsylvania
section 110(a)(2)(D)(i)(I), and the state For the reasons set out in the
Avenue, Washington, DC 20460;
board requirements of (E)(ii). We will preamble, title 40, chapter I of the Code
telephone number (202) 564–2970;
address these requirements in a separate of Federal Regulations is amended as
email address yellin.patrick@epa.gov.
follows:
action. SUPPLEMENTARY INFORMATION:
rmajette on DSK7SPTVN1PROD with RULES
[FR Doc. 2015–22864 Filed 9–10–15; 8:45 am]
Summary of Technical Corrections PART 63—NATIONAL EMISSION
BILLING CODE 6560–50–P STANDARDS FOR HAZARDOUS AIR
The EPA received communications POLLUTANTS FOR SOURCE
from representatives of the Portland CATEGORIES
cement industry on five occasions in
August 2015 (see memo to the docket ■ 1. The authority citation for part 63
(EPA–HQ–OAR–2011–0817) titled, continues to read as follows:
VerDate Sep<11>2014 15:06 Sep 10, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1](https://thefederalregister.org/doc/80_FR_54901/page/4.svg)
Document Created: 2015-12-15 09:59:29
Document Modified: 2015-12-15 09:59:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on October 13, 2015. | |
| Contact | Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected] | |
| FR Citation | 80 FR 54725 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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