80 FR 55279 - Approval and Promulgation of Air Quality Implementation Plans; State of Nebraska; Cross-State Air Pollution Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 178 (September 15, 2015)
Federal Register Volume 80, Issue 178 (September 15, 2015)
| Page Range | 55279-55280 | |
| FR Document | 2015-20630 |
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)] [Proposed Rules] [Pages 55279-55280] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20630] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0565; FRL-9932-85-Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Nebraska; Cross-State Air Pollution Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) submitted by the State of Nebraska in a letter dated March 30, 2015. This SIP revision provides Nebraska's state-determined allowance allocations for existing electric generating units (EGUs) in the State for the 2016 control periods and replaces the allowance allocations for the 2016 control periods established by EPA under the Cross-State Air Pollution Rule (CSAPR). The CSAPR addresses the ``good neighbor'' provision of the Clean Air Act (CAA or Act) that requires states to reduce the transport of pollution that significantly affects downwind air quality. In this action EPA is proposing approval of Nebraska's SIP revision, incorporating the state-determined allocations for the 2016 control periods into the SIP, and amending the regulatory text of the CSAPR Federal [[Page 55280]] Implementation Plan (FIP) to reflect this approval and inclusion of the state-determined allocations. EPA is proposing to approve Nebraska's SIP revision because it meets the requirements of the CAA and the CSAPR requirements to replace EPA's allowance allocations for the 2016 control periods. This action is being proposed pursuant to the CAA and its implementing regulations. EPA's allocations of CSAPR trading program allowances for Nebraska for control periods in 2017 and beyond remain in place until the State submits and EPA approves state- determined allocations for those control periods through another SIP. The CSAPR FIPs for Nebraska remain in place until such time as the State decides to replace the FIPs with a SIP revision. DATES: Comments on this proposed action must be received in writing by October 15, 2015. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2015-0565, by mail to Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7214 or by email at [email protected]. SUPPLEMENTARY INFORMATION: In the final rules section of this Federal Register, EPA is approving the state's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxides. Dated: August 12, 2015. Mark Hague, Acting Regional Administrator, Region 7. [FR Doc. 2015-20630 Filed 9-14-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules 55279
8. Taking of Private Property Security Management Directive 023–01 this part, entry into this area is
This proposed rule would not cause a and Commandant Instruction prohibited unless authorized by the
taking of private property or otherwise M16475.lD, which guide the Coast Captain of the Port Ohio Valley or a
have taking implications under Guard in complying with the National designated representative.
Executive Order 12630, Governmental Environmental Policy Act of 1969 (2) Persons or vessels requiring entry
Actions and Interference with (NEPA) (42 U.S.C. 4321–4370f), and into or passage through the area must
Constitutionally Protected Property have made a preliminary determination request permission from the Captain of
Rights. that this action is one of a category of the Port Ohio Valley or a designated
actions that do not individually or representative. U.S. Coast Guard Sector
9. Civil Justice Reform cumulatively have a significant effect on Ohio Valley may be contacted on VHF
This proposed rule meets applicable the human environment. This proposed Channel 13 or 16, or at 1–800–253–
standards in sections 3(a) and 3(b)(2) of rule involves the Captain of the Port 7465.
Executive Order 12988, Civil Justice Ohio Valley establishing a special local (3) All persons and vessels shall
Reform, to minimize litigation, regulation for all waters of the comply with the instructions of the
eliminate ambiguity, and reduce Tennessee River beginning at mile Captain of the Port Ohio Valley and
burden. marker 255.0 and ending at mile marker designated U.S. Coast Guard patrol
256.5 to provide safety for the personnel. On-scene U.S. Coast Guard
10. Protection of Children From participants of the ‘‘Shoals Dragon Boat patrol personnel include commissioned,
Environmental Health Risks Festival.’’ This rule is categorically warrant, and petty officers of the U.S.
We have analyzed this proposed rule excluded from further review under Coast Guard.
under Executive Order 13045, paragraph 34(g) of Figure 2–1 of the
Dated: August 13, 2015.
Protection of Children from Commandant Instruction. A preliminary
R.V. Timme,
Environmental Health Risks and Safety environmental analysis checklist
supporting this determination and a Captain, U.S. Coast Guard, Captain of the
Risks. This rule is not an economically
Port Ohio Valley.
significant rule and would not create an Categorical Exclusion Determination are
available in the docket where indicated [FR Doc. 2015–23169 Filed 9–14–15; 8:45 am]
environmental risk to health or risk to
safety that might disproportionately under ADDRESSES. We seek any BILLING CODE 9110–04–P
affect children. comments or information that may lead
to the discovery of a significant
11. Indian Tribal Governments environmental impact from this ENVIRONMENTAL PROTECTION
This proposed rule does not have proposed rule. AGENCY
tribal implications under Executive
Order 13175, Consultation and List of Subjects in 33 CFR Part 100 40 CFR Part 52
Coordination with Indian Tribal Marine safety, Navigation (water), [EPA–R07–OAR–2015–0565; FRL–9932–85–
Governments, because it would not have Reporting and recordkeeping Region 7]
a substantial direct effect on one or requirements, Waterways.
more Indian tribes, on the relationship For the reasons discussed in the Approval and Promulgation of Air
between the Federal Government and preamble, the U.S. Coast Guard Quality Implementation Plans; State of
Indian tribes, or on the distribution of proposes to amend 33 CFR part 100 as Nebraska; Cross-State Air Pollution
power and responsibilities between the follows: Rule
Federal Government and Indian tribes.
PART 100—SAFETY OF LIFE ON AGENCY: Environmental Protection
12. Energy Effects NAVIGABLE WATERWAYS Agency (EPA).
This proposed rule is not a ACTION: Proposed rule.
‘‘significant energy action’’ under ■ 1. The authority citation for part 100
Executive Order 13211, Actions continues to read as follows: SUMMARY: The Environmental Protection
Concerning Regulations That Authority: 33 U.S.C. 1233. Agency (EPA) is proposing to approve
Significantly Affect Energy Supply, revisions to the State Implementation
■ 2. A new special local regulation Plan (SIP) submitted by the State of
Distribution, or Use because it is not a 100.801T01–0671 is added to read as
‘‘significant regulatory action’’ under Nebraska in a letter dated March 30,
follows: 2015. This SIP revision provides
Executive Order 12866 and is not likely
to have a significant adverse effect on § 100.801T01–0671 Special Local Nebraska’s state-determined allowance
the supply, distribution, or use of Regulation; Tennessee River Mile 255.0 to allocations for existing electric
energy. The Administrator of the Office River Mile 256.5, Florence, AL. generating units (EGUs) in the State for
of Information and Regulatory Affairs (a) Location. All waters of the the 2016 control periods and replaces
has not designated it as a significant Tennessee River beginning at mile the allowance allocations for the 2016
energy action. Therefore, it does not marker 255.0 and ending at mile marker control periods established by EPA
require a Statement of Energy Effects 256.5 at Florence, AL. under the Cross-State Air Pollution Rule
under Executive Order 13211. (b) Periods of enforcement. This (CSAPR). The CSAPR addresses the
proposed rule will be enforced from ‘‘good neighbor’’ provision of the Clean
13. Technical Standards 8:00 a.m. to 5:00 p.m. on October 3, Air Act (CAA or Act) that requires states
mstockstill on DSK4VPTVN1PROD with PROPOSALS
This proposed rule does not use 2015. The Captain of the Port Ohio to reduce the transport of pollution that
technical standards. Therefore, we did Valley or a designated representative significantly affects downwind air
not consider the use of voluntary will inform the public through quality. In this action EPA is proposing
consensus standards. broadcast notice to mariners of the approval of Nebraska’s SIP revision,
enforcement period for the special local incorporating the state-determined
14. Environment regulation. allocations for the 2016 control periods
We have analyzed this proposed rule (c) Regulations. (1) In accordance with into the SIP, and amending the
under Department of Homeland the general regulations in § 100.801 of regulatory text of the CSAPR Federal
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![55280 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Proposed Rules
Implementation Plan (FIP) to reflect this this rule and if that part can be severed BCAA’s jurisdiction, including
approval and inclusion of the state- from the remainder of the rule, EPA may implementation of the minor new
determined allocations. EPA is adopt as final those parts of the rule that source review and nonattainment new
proposing to approve Nebraska’s SIP are not the subject of an adverse source review permitting programs. This
revision because it meets the comment. For additional information, action also proposes approval of a small
requirements of the CAA and the see the direct final rule which is located set of BCAA regulatory provisions that
CSAPR requirements to replace EPA’s in the rules section of this Federal replace or supplement parts of Ecology’s
allowance allocations for the 2016 Register. general air quality regulations.
control periods. This action is being DATES: Comments must be received on
List of Subjects in 40 CFR Part 52
proposed pursuant to the CAA and its or before October 15, 2015.
implementing regulations. EPA’s Environmental protection, Air
ADDRESSES: Submit your comments,
allocations of CSAPR trading program pollution control, Incorporation by
reference, Intergovernmental relations, identified by Docket ID No. EPA–R10–
allowances for Nebraska for control
Nitrogen dioxide, Ozone, Particulate OAR–2015–0600, by any of the
periods in 2017 and beyond remain in
matter, Reporting and recordkeeping following methods:
place until the State submits and EPA A. www.regulations.gov: Follow the
approves state-determined allocations requirements, Sulfur dioxides.
on-line instructions for submitting
for those control periods through Dated: August 12, 2015. comments.
another SIP. The CSAPR FIPs for Mark Hague, B. Mail: Jeff Hunt, EPA Region 10,
Nebraska remain in place until such Acting Regional Administrator, Region 7. Office of Air, Waste and Toxics (AWT–
time as the State decides to replace the [FR Doc. 2015–20630 Filed 9–14–15; 8:45 am] 150), 1200 Sixth Avenue, Suite 900,
FIPs with a SIP revision.
BILLING CODE 6560–50–P Seattle, WA 98101.
DATES: Comments on this proposed C. Email: R10-Public_Comments@
action must be received in writing by epa.gov.
October 15, 2015. ENVIRONMENTAL PROTECTION D. Hand Delivery: EPA Region 10
ADDRESSES: Submit your comments, AGENCY Mailroom, 9th Floor, 1200 Sixth
identified by Docket ID No. EPA–R07– Avenue, Suite 900, Seattle, WA 98101.
OAR–2015–0565, by mail to Lachala 40 CFR Part 52 Attention: Jeff Hunt, Office of Air, Waste
Kemp, Environmental Protection [EPA–R10–OAR–2015–0600: FRL–9934–07– and Toxics, AWT–150. Such deliveries
Agency, Air Planning and Development Region 10] are only accepted during normal hours
Branch, 11201 Renner Boulevard, of operation, and special arrangements
Lenexa, Kansas 66219. Comments may Approval and Promulgation of should be made for deliveries of boxed
also be submitted electronically or Implementation Plans; Washington: information.
through hand delivery/courier by Additional Regulations for the Benton Instructions: Direct your comments to
following the detailed instructions in Clean Air Agency Jurisdiction Docket ID No. EPA–R10–OAR–2015–
the ADDRESSES section of the direct final 0600. The EPA’s policy is that all
AGENCY: Environmental Protection
rule located in the rules section of this comments received will be included in
Agency.
Federal Register. the public docket without change and
ACTION: Proposed rule.
FOR FURTHER INFORMATION CONTACT: may be made available online at
Lachala Kemp, Environmental SUMMARY: The Environmental Protection www.regulations.gov, including any
Protection Agency, Air Planning and Agency (EPA) is proposing to approve personal information provided, unless
Development Branch, 11201 Renner revisions to the Washington State the comment includes information
Boulevard, Lenexa, Kansas 66219 at Implementation Plan (SIP) that were claimed to be Confidential Business
(913) 551–7214 or by email at submitted by the Department of Ecology Information (CBI) or other information
kemp.lachala@epa.gov. (Ecology) in coordination with Benton the disclosure of which is restricted by
SUPPLEMENTARY INFORMATION: In the Clean Air Agency (BCAA) on August 25, statute. Do not submit information that
final rules section of this Federal 2015. In the fall of 2014 and spring of you consider to be CBI or otherwise
Register, EPA is approving the state’s 2015, the EPA approved numerous protected through www.regulations.gov
SIP revision as a direct final rule revisions to Ecology’s general air quality or email. The www.regulations.gov Web
without prior proposal because the regulations. However, our approval of site is an ‘‘anonymous access’’ system,
Agency views this as a noncontroversial the updated Ecology regulations applied which means the EPA will not know
revision amendment and anticipates no only to geographic areas where Ecology, your identity or contact information
relevant adverse comments to this and not a local air authority, has unless you provide it in the body of
action. A detailed rationale for the jurisdiction, and statewide to source your comment. If you send an email
approval is set forth in the direct final categories over which Ecology has sole comment directly to the EPA without
rule. If no relevant adverse comments jurisdiction. Under the Washington going through www.regulations.gov your
are received in response to this action, Clean Air Act local clean air agencies, email address will be automatically
no further activity is contemplated in such as BCAA, have the option of captured and included as part of the
relation to this action. If EPA receives adopting equally stringent or more comment that is placed in the public
relevant adverse comments, the direct stringent standards or requirements in docket and made available on the
final rule will be withdrawn and all lieu of Ecology’s general air quality Internet. If you submit an electronic
mstockstill on DSK4VPTVN1PROD with PROPOSALS
public comments received will be regulations, if they so choose. Therefore, comment, the EPA recommends that
addressed in a subsequent final rule the EPA stated that we would evaluate you include your name and other
based on this proposed action. EPA will the general air quality regulations as contact information in the body of your
not institute a second comment period they apply to local jurisdictions in comment and with any disk or CD–ROM
on this action. Any parties interested in separate, future actions. If finalized, this you submit. If the EPA cannot read your
commenting on this action should do so proposed action would allow BCAA to comment due to technical difficulties
at this time. Please note that if EPA rely primarily on Ecology’s general air and cannot contact you for clarification,
receives adverse comment on part of quality regulations for sources within the EPA may not be able to consider
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Document Created: 2015-12-15 10:09:25
Document Modified: 2015-12-15 10:09:25
| 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 on this proposed action must be received in writing by October 15, 2015. | |
| Contact | Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7214 or by email at [email protected] | |
| FR Citation | 80 FR 55279 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Dioxides |
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