80 FR 72406 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Regulation To Limit Nitrogen Oxides Emissions From Large Non-Electric Generating Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 223 (November 19, 2015)
Federal Register Volume 80, Issue 223 (November 19, 2015)
| Page Range | 72406-72408 | |
| FR Document | 2015-29369 |
[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)] [Proposed Rules] [Pages 72406-72408] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29369] [[Page 72406]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0666; FRL-9937-17-Region 3] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia; Regulation To Limit Nitrogen Oxides Emissions From Large Non-Electric Generating Units AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the District of Columbia Department of Energy and Environment (DOEE). This revision caps emissions of nitrogen oxides (NOX ) from large non-electric generating units (non-EGUs) to meet the requirements of EPA's NOX SIP Call. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before December 21, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2015-0666 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: [email protected]. C. Mail: EPA-R03-OAR-2015-0666, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-R03-OAR- 2015-0666. 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 electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 in www.regulations.gov or may be viewed during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the District of Columbia Department of Energy and Environment, Air Quality Division, 1200 1st Street NE., 5th Floor, Washington, DC 20002. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On June 19, 2015, DOEE submitted, as a revision to its SIP, a regulation to limit NOX emissions from the non-EGUs in the District that are subject to EPA's NOX SIP call. I. Background On October 27, 1998 (63 FR 57356), EPA issued a finding that required 22 states and the District of Columbia to submit SIPs to address the regional transport of ground level ozone that was significantly contributing to nonattainment or interfering with maintenance for the 1-hour and 8-hour ozone NAAQS in downwind areas, known as the NOX SIP Call. The October 27, 1998 rulemaking action established a model trading rule under 40 CFR part 96 that states could adopt to comply with the reduction requirements of the NOX SIP Call, commonly referred to as the NOX Budget Trading Program (NBTP). The NBTP established under the NOX SIP Call applied to electric generating units (EGUs) greater than 25 megawatts electric (25 MWe) and non-EGUs (large industrial boilers and turbines) with a maximum rated heat input capacity greater than 250 million British thermal units per hour (mmbtu/hr). To comply with the NOX SIP Call, the District submitted a SIP revision that incorporated by reference the 40 CFR part 96 model trading rule. On November 1, 2001 (66 FR 55099), the revision was approved into the District of Columbia SIP. On May 12, 2005 (70 FR 25162), EPA promulgated the Clean Air Interstate Rule (CAIR), which required 28 states and the District of Columbia to reduce NOX and sulfur dioxide (SO2 ) emissions that were significantly contributing to downwind nonattainment and interfering with maintenance of the 1997 8-hour ozone standard and the 1997 fine particulate matter (PM2.5 ) annual standard. The May 12, 2005 rulemaking established model trading rules for EGUs that states could adopt to comply with their reduction obligations under CAIR. The NOX SIP Call requirements continued to apply, and the CAIR model trading rules included a CAIR NOX ozone season trading program that was coordinated with the NOX SIP Call, replacing the NBTP as it applied to EGUs for those states that chose to participate in the CAIR trading program. In addition, as part of their CAIR SIP, states had the option of expanding the applicability provisions of the CAIR NOX ozone season trading program to include the non-EGUs that were trading under the NBTP. Thus, a state that elected to have non-EGUs participate in the CAIR NOX ozone season trading program would meet its NOX SIP Call obligations for both the EGUs and non-EGUs that were formerly trading under the NBTP through the CAIR trading program. On April 28, 2006 (71 FR 25328), EPA promulgated Federal implementation plans (FIPs) for all States covered by CAIR in order to ensure that the emission reductions required by CAIR were achieved on schedule. The CAIR FIPs, which applied only to EGUs, required participation in the CAIR trading programs. The CAIR FIP trading programs imposed essentially the same requirements as, and were integrated with, the respective CAIR SIP trading programs. Thus a state subject to the CAIR FIP would be meeting its NOX SIP [[Page 72407]] Call requirements with respect to its EGUs. Upon approval of a SIP revision implementing CAIR, a state's CAIR FIP would be withdrawn. Subsequently, EPA discontinued the NBTP in 2008. The District of Columbia, however, did not submit a CAIR SIP. Therefore it became subject to the CAIR FIP in January 2009, and its NOX SIP Call reductions for EGUs that were trading in the NBTP were met by the CAIR NOX ozone season trading program under the FIP.\1\ However, because the CAIR FIP did not have an option for inclusion of non-EGUs as trading participants, the District was required to submit a SIP revision to demonstrate compliance with its NOX SIP Call state budget for non-EGUs, in accordance with 40 CFR part 51.121. --------------------------------------------------------------------------- \1\ On January 1, 2015, the trading programs under the Cross- State Air Pollution Rule (CSAPR) replaced the trading programs under CAIR. EPA had promulgated CSAPR to replace CAIR after the D.C. Circuit remanded CAIR to EPA in 2008. See North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008). See also 76 FR 48208 (August 8, 2011) (promulgating CSAPR). After litigation on the merits of CSAPR, EPA began implementing CSAPR in 2015. See EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). See also 79 FR 71663 (December 3, 2014) (interim final rulemaking adjusting CSAPR's implementation dates). CSAPR does not apply to the District of Columbia. The District has no EGUs meeting the applicability criteria under CSAPR since the only EGU in the District permanently shut down in 2012. With this shut down, the District therefore also no longer has any EGU obligations under the NOX SIP Call. --------------------------------------------------------------------------- II. Summary of SIP Revision On June 19, 2015, DOEE submitted a SIP revision that addresses NOX reductions from its non-EGUs to meet its obligations under the NOX SIP Call. The submission removes, from the District's SIP, regulation Title 20 DCMR Chapter 10--Nitrogen Oxides Emissions Budget Program. Sections 1000 through 1013 of 20 DCMR Chapter 10 comprised the District's Ozone Transport Commission (OTC) NOX Budget Program, which preceded the NOX SIP Call trading program, and section 1014 incorporated by reference the NBTP. This submission replaces this regulation with revised Chapter 10--Air Quality--Non-EGU Limits on Nitrogen Oxides Emissions. The revised Chapter 10 regulation establishes a 25 ton ozone season NOX emissions cap on applicable non-EGUs \2\ in the District, and allocates the cap to the non-EGUs located at the U.S. General Services Administration Central (GSA) Heating and Refrigeration Plant, with a reallocation required whenever a new non-EGU in the District becomes subject to the NOX SIP Call. The regulation also requires continuous emissions monitoring (CEMs) of NOX emissions, recordkeeping and reporting pursuant to 40 CFR part 75 to ensure compliance with the District's non-EGU emissions cap. The submission includes a revision to an associated definition and an abbreviation in the District's regulations to ensure consistency with NOX SIP Call requirements. The submission also removes the obsolete requirements in 20 DCMR Chapter 10 for the OTC NOX Budget Program because the program ended in 2003 upon the start of the EPA NBTP under the NOX SIP Call. --------------------------------------------------------------------------- \2\ Applicable non-EGUs are the non-EGUs that were subject to the NOX SIP Call, including large industrial boilers and turbines with a maximum rated heat input capacity greater than 250 mmbtu/hr. --------------------------------------------------------------------------- Under section 110(l) of the CAA, EPA may not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable requirement under section 110 of the CAA. EPA finds the proposed removal of the regulations for the discontinued OTC and NOX SIP Call trading programs from the District's SIP will not interfere with attainment or reasonable further progress of any NAAQS nor interfere with any other applicable CAA requirement. First, the revision to the SIP merely removes outdated provisions from the SIP (i.e., the NBTP and OTC program) which are no longer effective. Second, the District's emissions budget under the NOX SIP Call was more stringent than the budget under the OTC NOX Budget Program thus providing for greater NOX reductions and protection of the NAAQS so removal of the OTC program has no effect on the NAAQS. Likewise, the CAIR NOX Ozone Season trading program budget was designed to replace the NBTP for EGUs and was more stringent than the NOX SIP Call budget, thus providing greater NOX reductions and protection of the NAAQS than the NBTP. As the District no longer has any EGUs subject to the NOX SIP Call nor to CSAPR which replaced CAIR, removal of the NBTP from the SIP has no effect on NOX emissions in the District. Finally, approval of this proposed SIP revision will maintain the NOX emission reduction requirements of the NOX SIP Call for the District's non-EGUs and allow the District to meet its remaining NOX SIP Call emissions budget. As the District no longer has any EGUs, the District has no further obligations under CSAPR, CAIR or the NOX SIP Call regarding EGUs. Therefore, removal of the previous trading programs from the District's SIP does not interfere with attainment or reasonable further progress on any NAAQS nor interfere with any applicable requirement under section 110 of the CAA. III. Proposed Action EPA's review of this material indicates that the submittal is adequate to address the emission reduction requirements of the non-EGUs under the NOX SIP Call and is in accordance with requirements in CAA section 110 and its implementing regulations. EPA is proposing to approve the District of Columbia SIP revision, submitted on June 19, 2015, that establishes a 25 ton ozone season NOX emissions cap for non-EGUs in the District. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Incorporation by Reference In this proposed rulemaking action, EPA is proposing to include in a final EPA rule, regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference revised District of Columbia regulation Title 20 DCMR, Environment, Chapter 10--Air Quality--Non-EGU Limits on Nitrogen Oxides Emissions, and the revised definition of ``Fossil fuel-fired'' in Chapter 1, General Rules. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or may be viewed at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. 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 proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); [[Page 72408]] 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, this action proposing approval of the District of Columbia regulation to limit NO X emissions from non-EGUs subject to the NOX SIP Call and approval of a related definition and abbreviation, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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. Authority: 42 U.S.C. 7401 et seq. Dated: November 6, 2015. Shawn M. Garvin, Regional Administrator, Region III. [FR Doc. 2015-29369 Filed 11-18-15; 8:45 am] BILLING CODE 6560-50-P
![72406 Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Proposed Rules
ENVIRONMENTAL PROTECTION site is an ‘‘anonymous access’’ system, a model trading rule under 40 CFR part
AGENCY which means EPA will not know your 96 that states could adopt to comply
identity or contact information unless with the reduction requirements of the
40 CFR Part 52 you provide it in the body of your NOX SIP Call, commonly referred to as
[EPA–R03–OAR–2015–0666; FRL–9937–17– comment. If you send an email the NOX Budget Trading Program
Region 3] comment directly to EPA without going (NBTP). The NBTP established under
through www.regulations.gov, your the NOX SIP Call applied to electric
Approval and Promulgation of Air email address will be automatically generating units (EGUs) greater than 25
Quality Implementation Plans; District captured and included as part of the megawatts electric (25 MWe) and non-
of Columbia; Regulation To Limit comment that is placed in the public EGUs (large industrial boilers and
Nitrogen Oxides Emissions From docket and made available on the turbines) with a maximum rated heat
Large Non-Electric Generating Units Internet. If you submit an electronic input capacity greater than 250 million
comment, EPA recommends that you British thermal units per hour (mmbtu/
AGENCY: Environmental Protection include your name and other contact hr). To comply with the NOX SIP Call,
Agency (EPA). information in the body of your the District submitted a SIP revision that
ACTION: Proposed rule. comment and with any disk or CD–ROM incorporated by reference the 40 CFR
you submit. If EPA cannot read your part 96 model trading rule. On
SUMMARY: The Environmental Protection comment due to technical difficulties November 1, 2001 (66 FR 55099), the
Agency (EPA) is proposing to approve a and cannot contact you for clarification, revision was approved into the District
State Implementation Plan (SIP) EPA may not be able to consider your of Columbia SIP.
revision submitted by the District of comment. Electronic files should avoid On May 12, 2005 (70 FR 25162), EPA
Columbia Department of Energy and the use of special characters, any form promulgated the Clean Air Interstate
Environment (DOEE). This revision caps of encryption, and be free of any defects Rule (CAIR), which required 28 states
emissions of nitrogen oxides (NOX) from or viruses. and the District of Columbia to reduce
large non-electric generating units (non- Docket: All documents in the NOX and sulfur dioxide (SO2) emissions
EGUs) to meet the requirements of electronic docket are listed in the that were significantly contributing to
EPA’s NOX SIP Call. This action is being www.regulations.gov index. Although downwind nonattainment and
taken under the Clean Air Act (CAA). listed in the index, some information is interfering with maintenance of the
DATES: Written comments must be not publicly available, i.e., CBI or other 1997 8-hour ozone standard and the
received on or before December 21, information whose disclosure is 1997 fine particulate matter (PM2.5)
2015. restricted by statute. Certain other annual standard. The May 12, 2005
material, such as copyrighted material, rulemaking established model trading
ADDRESSES: Submit your comments, rules for EGUs that states could adopt to
identified by Docket ID Number EPA– is not placed on the Internet and will be
publicly available only in hard copy comply with their reduction obligations
R03–OAR–2015–0666 by one of the under CAIR. The NOX SIP Call
following methods: form. Publicly available docket
materials are available in requirements continued to apply, and
A. www.regulations.gov. Follow the the CAIR model trading rules included
on-line instructions for submitting www.regulations.gov or may be viewed
during normal business hours at the Air a CAIR NOX ozone season trading
comments. program that was coordinated with the
B. Email: fernandez.cristina@epa.gov. Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 NOX SIP Call, replacing the NBTP as it
C. Mail: EPA–R03–OAR–2015–0666, applied to EGUs for those states that
Cristina Fernandez, Associate Director, Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are chose to participate in the CAIR trading
Office of Air Program Planning, program. In addition, as part of their
Mailcode 3AP30, U.S. Environmental available at the District of Columbia
CAIR SIP, states had the option of
Protection Agency, Region III, 1650 Department of Energy and Environment,
expanding the applicability provisions
Arch Street, Philadelphia, Pennsylvania Air Quality Division, 1200 1st Street
of the CAIR NOX ozone season trading
19103. NE., 5th Floor, Washington, DC 20002.
program to include the non-EGUs that
D. Hand Delivery: At the previously- FOR FURTHER INFORMATION CONTACT: were trading under the NBTP. Thus, a
listed EPA Region III address. Such Marilyn Powers, (215) 814–2308, or by state that elected to have non-EGUs
deliveries are only accepted during the email at powers.marilyn@epa.gov. participate in the CAIR NOX ozone
Docket’s normal hours of operation, and SUPPLEMENTARY INFORMATION: On June season trading program would meet its
special arrangements should be made 19, 2015, DOEE submitted, as a revision NOX SIP Call obligations for both the
for deliveries of boxed information. to its SIP, a regulation to limit NOX EGUs and non-EGUs that were formerly
Instructions: Direct your comments to emissions from the non-EGUs in the trading under the NBTP through the
Docket ID No. EPA–R03–OAR–2015– District that are subject to EPA’s NOX CAIR trading program.
0666. EPA’s policy is that all comments SIP call. On April 28, 2006 (71 FR 25328), EPA
received will be included in the public promulgated Federal implementation
docket without change, and may be I. Background
plans (FIPs) for all States covered by
made available online at On October 27, 1998 (63 FR 57356), CAIR in order to ensure that the
www.regulations.gov, including any EPA issued a finding that required 22 emission reductions required by CAIR
personal information provided, unless states and the District of Columbia to were achieved on schedule. The CAIR
rmajette on DSK2TPTVN1PROD with PROPOSALS
the comment includes information submit SIPs to address the regional FIPs, which applied only to EGUs,
claimed to be Confidential Business transport of ground level ozone that was required participation in the CAIR
Information (CBI) or other information significantly contributing to trading programs. The CAIR FIP trading
whose disclosure is restricted by statute. nonattainment or interfering with programs imposed essentially the same
Do not submit information that you maintenance for the 1-hour and 8-hour requirements as, and were integrated
consider to be CBI, or otherwise ozone NAAQS in downwind areas, with, the respective CAIR SIP trading
protected, through www.regulations.gov known as the NOX SIP Call. The October programs. Thus a state subject to the
or email. The www.regulations.gov Web 27, 1998 rulemaking action established CAIR FIP would be meeting its NOX SIP
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![72408 Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Proposed Rules
• is certified as not having a DEPARTMENT OF COMMERCE prepared, and NMFS approved, the FMP
significant economic impact on a under the authority of the Magnuson-
substantial number of small entities National Oceanic and Atmospheric Stevens Fishery Conservation and
under the Regulatory Flexibility Act (5 Administration Management Act (Magnuson-Stevens
U.S.C. 601 et seq.); Act), 16 U.S.C. 1801 et seq. Regulations
50 CFR Part 679 governing U.S. fisheries and
• does not contain any unfunded
[Docket No. 151027997–5997–01] implementing the FMP appear at 50
mandate or significantly or uniquely CFR parts 600 and 679.
affect small governments, as described RIN 0648–BF48 This advance notice of proposed
in the Unfunded Mandates Reform Act rulemaking would apply to owners and
of 1995 (Pub. L. 104–4); Control Date for the Trawl Limited operators of vessels that participate in
• does not have Federalism Access Fishery for Yellowfin Sole in the Federal fishery for yellowfin sole
the Bering Sea and Aleutian Islands with trawl gear in the offshore sector of
implications as specified in Executive
Order 13132 (64 FR 43255, August 10, AGENCY: National Marine Fisheries the BSAI. The BSAI is defined at § 679.2
1999); Service (NMFS), National Oceanic and and shown in Figure 1 to 50 CFR part
Atmospheric Administration (NOAA), 679.
• is not an economically significant Vessels that participate in the offshore
regulatory action based on health or Commerce.
sector of the BSAI trawl limited access
safety risks subject to Executive Order ACTION: Advance notice of proposed
fishery for yellowfin sole include
13045 (62 FR 19885, April 23, 1997); rulemaking (ANPR); control date.
catcher vessels, catcher/processors, and
• is not a significant regulatory action SUMMARY: At the request of the North motherships. Catcher vessels participate
subject to Executive Order 13211 (66 FR Pacific Fishery Management Council in the offshore sector by delivering
28355, May 22, 2001); (Council), this document announces a yellowfin sole to catcher/processors or
control date of October 13, 2015, that motherships for processing. Catcher/
• is not subject to requirements of processors participate in the offshore
Section 12(d) of the National may be used as a reference date for a
future management action to limit sector by catching and processing
Technology Transfer and Advancement yellowfin sole or by receiving and
future access to the offshore sector of
Act of 1995 (15 U.S.C. 272 note) because processing deliveries of yellowfin sole
the Bering Sea and Aleutian Islands
application of those requirements would (BSAI) trawl limited access fishery for from catcher vessels. Motherships
be inconsistent with the CAA; and yellowfin sole. This date corresponds to participate in the offshore sector by
• does not provide EPA with the the date the Council announced its receiving and processing deliveries of
discretionary authority to address, as intent to evaluate participation and yellowfin sole from catcher vessels. This
appropriate, disproportionate human effort in response to a public request to advance notice of proposed rulemaking
health or environmental effects, using consider further limits on access to the would not apply to owners and
practicable and legally permissible offshore sector of the BSAI trawl limited operators of trawl catcher vessels that
access fishery for yellowfin sole. This participate in the inshore sector of the
methods, under Executive Order 12898
document is intended to promote BSAI trawl limited access fishery for
(59 FR 7629, February 16, 1994).
awareness of possible rulemaking and yellowfin sole, i.e., vessels that deliver
In addition, this action proposing yellowfin sole to shoreside processors
provide notice to the public that any
approval of the District of Columbia rather than to catcher/processors or
participation in the offshore sector of
regulation to limit NOX emissions from the BSAI trawl limited access fishery for motherships.
non-EGUs subject to the NOX SIP Call The Council and NMFS annually
yellowfin sole after the control date may
and approval of a related definition and establish biological thresholds and
not ensure continued access to that
abbreviation, does not have tribal annual total allowable catch limits for
fishery under a future management
implications as specified by Executive groundfish species, such as yellowfin
action. This document is also intended
Order 13175 (65 FR 67249, November 9, sole, to sustainably manage the
to discourage speculative entry into the
2000), because the SIP is not approved groundfish fisheries in the BSAI. To
fishery while the Council considers
to apply in Indian country located in the achieve these objectives, NMFS requires
whether and how access to the fishery
state, and EPA notes that it will not vessel operators participating in BSAI
may be further limited under a future
groundfish fisheries to comply with
impose substantial direct costs on tribal management action.
various regulatory restrictions, such as
governments or preempt tribal law. DATES: October 13, 2015, shall be known fishery closures, to maintain catch
List of Subjects in 40 CFR Part 52 as the control date for the offshore within specified total allowable catch
sector of the BSAI trawl limited access limits. The BSAI groundfish fishery
Environmental protection, Air fishery for yellowfin sole and may be restrictions also include prohibited
pollution control, Incorporation by used as a reference for participation in species catch (PSC) limits for Pacific
reference, Intergovernmental relations, a future management action that is halibut that generally require halibut to
Nitrogen dioxide, Ozone, Reporting and consistent with the Council’s objectives be discarded when harvested. When
recordkeeping requirements. and applicable Federal laws. harvest of halibut PSC reaches the
FOR FURTHER INFORMATION CONTACT: specified halibut PSC limit for that
Authority: 42 U.S.C. 7401 et seq.
Rachel Baker: 907–586–7228 or fishery, NMFS closes directed fishing
rmajette on DSK2TPTVN1PROD with PROPOSALS
Dated: November 6, 2015. rachel.baker@noaa.gov. for the target groundfish species, even if
Shawn M. Garvin, SUPPLEMENTARY INFORMATION: NMFS the total allowable catch limit for that
Regional Administrator, Region III. manages the groundfish fisheries in the species has not been harvested. The
[FR Doc. 2015–29369 Filed 11–18–15; 8:45 am] U.S. exclusive economic zone (EEZ) of Council and NMFS have long sought to
the BSAI under the Fishery control fishing effort in the North
BILLING CODE 6560–50–P
Management Plan for Groundfish of the Pacific Ocean to ensure that fisheries are
Bering Sea and Aleutian Islands conservatively managed and do not
Management Area (FMP). The Council exceed established biological
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Document Created: 2015-12-14 13:56:42
Document Modified: 2015-12-14 13:56:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before December 21, 2015. | |
| Contact | Marilyn Powers, (215) 814-2308, or by email at [email protected] | |
| FR Citation | 80 FR 72406 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements |
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