80 FR 78135 - Air Plan Approval; NH; Infrastructure State Implementation Plan Requirements for Ozone, Lead, and Nitrogen Dioxide
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 241 (December 16, 2015)
Federal Register Volume 80, Issue 241 (December 16, 2015)
| Page Range | 78135-78141 | |
| FR Document | 2015-31525 |
[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)] [Rules and Regulations] [Pages 78135-78141] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31525] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2012-0950; A-1-FRL-9940-15-Region 1] Air Plan Approval; NH; Infrastructure State Implementation Plan Requirements for Ozone, Lead, and Nitrogen Dioxide AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) submissions from New Hampshire regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2008 lead, 2008 ozone, and 2010 nitrogen dioxide National Ambient Air Quality Standards (NAAQS). EPA is also converting conditional approvals for several infrastructure requirements for the 1997 and 2006 fine particle (PM2.5 ) NAAQS to full approval under the CAA. Furthermore, we are updating the classification for one of New Hampshire's air quality control regions for ozone based on recent air quality monitoring data collected by the state, and are granting the state's request for an exemption from the infrastructure SIP contingency plan obligation for ozone. Last, we are conditionally approving certain elements of New Hampshire's submittal relating to prevention of significant deterioration requirements. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. DATES: This rule is effective on January 15, 2016. [[Page 78136]] ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2012-0950. All documents in the docket are listed on the http://www.regulations.gov Web site, although some information, such as confidential business information or other information whose disclosure is restricted by statute is not publically available. 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 at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square, Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Copies of the documents relevant to this action are also available for public inspection during normal business hours, by appointment at: Air Resources Division, Department of Environmental Services, 6 Hazen Drive, P.O. Box 95, Concord, NH 03302-0095. FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1046; [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. Background and Purpose II. Public Comments III. Final Action IV. Statutory and Executive Order Reviews I. Background and Purpose This rulemaking addresses infrastructure SIP submissions from the New Hampshire Department of Environmental Services (NH-DES) for the 2008 ozone, 2008 lead (Pb), and 2010 nitrogen dioxide (NO2 ) national ambient air quality standards (NAAQS). The state submitted these infrastructure SIPs on the following dates: 2008 lead NAAQS-- November 7, 2011; 2008 ozone NAAQS--December 31, 2012; and 2010 NO2 NAAQS--January 28, 2013. This rulemaking also addresses certain infrastructure SIP elements for the 1997 and 2006 fine particle (PM2.5 ) \1\ NAAQS for which EPA previously issued a conditional approval. See 77 FR 63228, October 16, 2012. The state submitted these infrastructure SIPs on April 3, 2008, and September 18, 2009, respectively. Additionally, in this final rulemaking we are updating the classification for one of New Hampshire's air quality control regions for ozone based on recent air quality monitoring data collected by the state, and are granting the state's request for an exemption from the infrastructure SIP contingency plan obligation for ozone. Last, we are conditionally approving certain elements of New Hampshire's submittal relating to prevention of significant deterioration (PSD) requirements. --------------------------------------------------------------------------- \1\ PM2.5 refers to particulate matter of 2.5 microns or less in diameter, oftentimes referred to as ``fine'' particles. --------------------------------------------------------------------------- II. Public Comments EPA received just one set of comments in response to the NPR. Those comments--the full set of which are included in the docket for this final rulemaking--were submitted by the Sierra Club and focused overwhelmingly on our proposed approval of New Hampshire's infrastructure SIP for the 2010 SO2 NAAQS, which is not addressed in this final rulemaking. Relevant to this action, one aspect of the comments touched glancingly on the infrastructure submittals for the 2008 ozone and 2010 NO2 NAAQS. EPA received no public comments on our proposed approval of New Hampshire's infrastructure submittals for the 2008 lead NAAQS. Comment: The commenter argued, among other things, that EPA must disapprove the SIP submittal for the 2010 SO2 NAAQS, because New Hampshire did not include a submittal to satisfy section 110(D)(i)(I) (the so-called ``Good Neighbor'' provision). In a footnote, the commenter contended that New Hampshire had similarly not included a submittal to satisfy the same provision for the 2008 ozone or 2010 NO2 NAAQS. The commenter argued that these omissions, coming as they did more than three years after EPA's promulgation of a new or revised NAAQS, are in violation of the Act and the Supreme Court's ruling in EPA v. EME Homer City Generation, LP.\2\ Accordingly, the commenter contended that ``EPA must take immediate action here to disapprove the SO2 I-SIP Certification (as well as the 2008 ozone and 2010 NO2 I-SIPs, for that matter) and initiate the FIP [Federal Implementation Plan] process with regard to the I-SIP's `` `Good Neighbor' provisions.'' --------------------------------------------------------------------------- \2\ 134 S. Ct. 1584 (2014). --------------------------------------------------------------------------- Response: To be clear, EPA reiterates that this final rulemaking does not address New Hampshire's infrastructure SIP submittal for the 2010 SO2 NAAQS. EPA will take final action on that submittal in a future final action, which will include a response to the Sierra Club's comments as to that submittal. Section 110(a)(2)(D)(i)(I) addresses emissions that significantly contribute to nonattainment or interfere with maintenance of the NAAQS in another state. However, although EPA is acting on New Hampshire's submittals for the 2008 ozone and 2010 NO2 NAAQS in this rulemaking, EPA is not taking any action with respect to section 110(D)(i)(I). As the commenter notes, New Hampshire did not include any provisions to address the requirements of section 110(a)(2)(D)(i)(I) in its December 31, 2012 and January 28, 2013 infrastructure SIP submittals for the 2008 ozone and 2010 NO2 NAAQS, respectively. In the NPR, EPA did not propose to take any action with respect to New Hampshire's obligations pursuant to section 110(a)(2)(D)(i)(I) for the December 31, 2012 and January 28, 2013 infrastructure SIP submittals. Because New Hampshire did not make a submission in its December 31, 2012 and January 28, 2013 SIP submittals to address the requirements of section 110(a)(2)(D)(i)(I), EPA is not required to have proposed or to take final SIP approval or disapproval action on this element under section 110(k) of the CAA. In this case, there has been no substantive submission for EPA to evaluate under section 110(k). Nor does the lack of a submission addressing section 110(a)(2)(D)(i)(I) require EPA to disapprove New Hampshire's December 31, 2012 and January 28, 2013 SIP submittals as to the other elements of section 110(a)(2). EPA interprets its authority under section 110(k)(3) of the CAA as affording EPA the discretion to approve, or conditionally approve, individual elements of New Hampshire's infrastructure SIP submissions, separate and apart from any action with respect to the requirements of section 110(a)(2)(D)(i)(I). EPA views discrete infrastructure SIP requirements in section 110(a)(2), such as the requirements of 110(a)(2)(D)(i)(I), as severable from the other infrastructure elements and interprets section 110(k)(3) as allowing it to act on [[Page 78137]] individual severable measures in a plan submission. On August 21, 2012, the D.C. Circuit issued a decision in EME Homer City Generation, L.P. v. EPA holding, among other things, that states had no obligation to submit good neighbor SIPs until the EPA had first quantified each state's good neighbor obligation.\3\ Accordingly, under that decision the submission deadline for good neighbor SIPs under the CAA would not necessarily be tied to the promulgation of a new or revised NAAQS. While the EPA sought review first with the D.C. Circuit en banc and then with the United States Supreme Court, the EPA complied with the D.C. Circuit's ruling during the pendency of its appeal. The D.C. Circuit declined to consider EPA's appeal en banc, but, on April 29, 2014, the Supreme Court reversed the D.C. Circuit's EME Homer City opinion and held, among other things, that under the plain language of the CAA, states must submit SIPs addressing the good neighbor requirement in CAA section 110(a)(2)(D)(i)(I) within three years of promulgation of a new or revised NAAQS, regardless of whether the EPA first provides guidance, technical data or rulemaking to quantify the state's obligation. --------------------------------------------------------------------------- \3\ 696 F.3d 7, 31 (D.C. Cir. 2012). --------------------------------------------------------------------------- With respect to the 2008 ozone NAAQS, on November 18, 2014, the Sierra Club and WildEarth Guardians filed a complaint in U.S. District Court for the Northern District of California seeking an order to compel the EPA to make findings of failure to submit good neighbor SIPs for over twenty states, including New Hampshire. On May 15, 2015, the court entered judgment ordering the EPA to sign a notice issuing its findings of failure to submit with respect to the 2008 ozone NAAQS interstate transport SIPs for states addressed in the case. Effective August 12, 2015, EPA found that 24 states, including New Hampshire, had not made a complete good neighbor SIP submittal for the 2008 ozone NAAQS to meet the requirements of section 110(a)(2)(D)(i)(I). See 80 FR 39961 (July 13, 2015). Pursuant to CAA section 110(c)(1), EPA is authorized and obligated to promulgate a FIP, if EPA takes any of the following actions: (1) Finds that a state has failed to make a required SIP submission; (2) finds that a required submission was incomplete; or (3) disapproves a required SIP submission in whole or in part. Accordingly, EPA must issue a relevant FIP with respect to the 2008 ozone NAAQS within two years, if New Hampshire has not submitted, and EPA has not approved, a plan revision appropriately addressing the good neighbor provision requirements. Thus, EPA is not required to issue a FIP at this time but will take appropriate action at a future date. With respect to the 2010 NO2 NAAQS, EPA has not issued a similar finding of failure to submit and, consequently, the two-year FIP clock has not yet begun to run. EPA agrees in general that sections 110(a)(1) and (a)(2) of the CAA require states to submit, within three years of promulgation of a new or revised NAAQS, a plan that addresses cross-state air pollution under section 110(a)(2)(D)(i)(I). In this rulemaking, however, EPA is only approving portions of New Hampshire's infrastructure SIP submissions for the 2010 NO2 NAAQS, which did not include provisions for interstate transport under section 110(a)(2)(D)(i)(I). A finding of failure to submit a SIP submission for the 2010 NO2 NAAQS addressing section 110(a)(2)(D)(i)(I) could occur in a separate rulemaking. As that issue was not addressed in the July 17, 2015 NPR,\4\ and is thus not pertinent to this rulemaking, EPA provides no further response. In sum, New Hampshire's obligations regarding interstate transport of pollution for the 2008 ozone and 2010 NO2 NAAQS will be addressed in later rulemakings. --------------------------------------------------------------------------- \4\ See 80 FR 42446, 42452 (July 17, 2015) (``In today's rulemaking, EPA is not proposing to approve or disapprove New Hampshire's compliance with section 110(a)(2)(D)(i)(I) with respect to the 2008 ozone, 2010 NO2 and 2010 SO2 NAAQS, since New Hampshire's infrastructure SIPs for these NAAQS do not include a submittal with respect to transport for sub-element 1, prongs 1 and 2.''). --------------------------------------------------------------------------- III. Final Action EPA is approving SIP submissions from New Hampshire certifying that the state's current SIP is sufficient to meet the required infrastructure elements under sections 110(a)(1) and (2) for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS, with the exception of certain aspects relating to the state's PSD program which we are conditionally approving. On September 25, 2015, we conditionally approved the portion of New Hampshire's PSD program that pertains to providing notification to neighboring states of certain permitting actions in New Hampshire. See 80 FR 57722. Therefore, we are conditionally approving herein the related portions of New Hampshire's infrastructure SIP submittals affected by our September 25, 2015 conditional approval. A summary of EPA's actions regarding these infrastructure SIP requirements are contained in Table 1 below. Table 1--Action Taken on NH Infrastructure SIP Submittals for Listed NAAQS ------------------------------------------------------------------------ Element 2008 Pb 2008 Ozone 2010 NO2 ------------------------------------------------------------------------ (A): Emission limits and other A A A control measures............. (B): Ambient air quality A A A monitoring and data system... (C)(i): Enforcement of SIP A A A measures..................... (C)(ii): PSD program for major A* A* A* sources and major modifications................ (C)(iii): Permitting program A A A for minor sources and minor modifications................ (D)(i)(I): Contribute to A NS NS nonattainment/interfere with maintenance of NAAQS (prongs 1 and 2)..................... (D)(i)(II): PSD (prong 3)..... A* A* A* (D)(i)(II): Visibility A A A Protection (prong 4)......... (D)(ii): Interstate Pollution A* A* A* Abatement.................... (D)(ii): International A A A Pollution Abatement.......... (E)(i): Adequate resources.... A A A (E)(ii): State boards......... A A A (E)(iii): Necessary assurances NA NA NA with respect to local agencies..................... (F): Stationary source A A A monitoring system............ (G): Emergency power.......... A A A (H): Future SIP revisions..... A A A (I): Nonattainment area plan + + + or plan revisions under part D............................ (J)(i): Consultation with A A A government officials......... (J)(ii): Public notification.. A A A [[Page 78138]] (J)(iii): PSD................. A* A* A* (J)(iv): Visibility protection + + + (K): Air quality modeling and A A A data......................... (L): Permitting fees.......... A A A (M): Consultation and A A A participation by affected local entities............... ------------------------------------------------------------------------ In the above table, the key is as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ A...................................... Approve. A*..................................... Approve, but conditionally approve aspect of PSD program relating to notification to neighboring states. +...................................... Not germane to infrastructure SIPs. NS..................................... No Submittal. NA..................................... Not applicable. ------------------------------------------------------------------------ Also, with respect to the 1997 and 2006 PM2.5 NAAQS, EPA is approving New Hampshire's infrastructure SIP submittals requirements pertaining to elements (A) and (E)(ii), and the PSD elements (C)(ii), (D)(i)(II) (prong 3), and (J)(iii) for which a conditional approval was previously issued. See 77 FR 63228, October 16, 2012. As discussed in our July 17, 2015 notice of proposed rulemaking (``NPR'') (see 80 FR 42446), New Hampshire has since met the conditions outlined in our October 16, 2012 action. However, in keeping with the conditional approval we are issuing today for the 2008 lead, 2008 ozone, and 2010 NO2 NAAQS with respect to the notification to neighboring states aspect of the state's PSD program, we are also newly conditionally approving New Hampshire's infrastructure SIP submittals for elements (C)(ii), (D)(i)(II) (prong 3), (D)(ii), and (J)(iii) for the 1997 and 2006 PM2.5 NAAQS. In addition, we are incorporating into the New Hampshire SIP the following New Hampshire statutes which were included for approval in New Hampshire's infrastructure SIP submittals: Title I, The State and Its Government, Chapter 21-O: Department of Environmental Services, Section 21-O:11, Air Resources Council. Title X Public Health, Chapter 125-C Air Pollution Control, Section 125-C:1--Declaration of Policy and Purpose; Section 125-C:2-- Definitions; Section 125-C:4--Rulemaking Authority; Subpoena Power; Section 125-C:6--Powers and Duties of the Commissioner; Section 125- C:8--Administration of Chapter; Delegation of Duties; Section 125-C:9-- Authority of the Commissioner in Cases of Emergency; Section 125-C:10-- Devices Contributing to Air Pollution; Section 125-C:10a--Municipal Waste Combustion Units; Section 125-C:11--Permit Required; Section 125- C:12--Administrative Requirements; Section 125-C:13--Criteria for Denial; Suspension or Revocation; Modification; Section 125-C:14-- Rehearings and Appeals; Section 125-C:18--Existing Remedies Unimpaired; Section 125-C:19--Protection of Powers; and Section 125-C:21-- Severability. Title X Public Health, Chapter 125-O: Multiple Pollutant Reduction Program, Section 125-O:1--Findings and Purpose; and Section 125-O:3-- Integrated Power Plant Strategy. Additionally, we are updating the classification at 40 CFR 52.1521 for the Merrimack Valley--Southern New Hampshire air quality control region for ozone based on recent air quality monitoring data collected by the state, and are granting, pursuant to 40 CFR 51.152(d)(1), the state's request for an exemption from the infrastructure SIP contingency plan obligation for ozone. EPA is conditionally approving an aspect of New Hampshire's SIP revision submittals pertaining to the state's PSD program. The outstanding issue with the PSD program concerns the lack of a requirement that neighboring states be notified of the issuance of a PSD permit by the New Hampshire Department of Environmental Services. On September 25, 2015, we conditionally approved New Hampshire's PSD program for this reason. See 80 FR 57722. Accordingly, we are also conditionally approving this aspect of New Hampshire's infrastructure SIP revisions for the 2008 lead, 2008 ozone, 2010 NO2 , 1997 PM2.5 , and 2006 PM2.5 NAAQS. New Hampshire must submit to EPA a SIP submittal addressing the above mentioned deficiency in the state's PSD program within the timeframe provided by our September 25, 2015 action. If the State fails to do so, the elements we are conditionally approving in this rulemaking will be disapproved on that date. EPA will notify the State by letter that this action has occurred. At that time, this commitment will no longer be a part of the approved New Hampshire SIP. EPA subsequently will publish a document in the Federal Register notifying the public that the conditional approval automatically converted to a disapproval. If the State meets its commitment within the applicable timeframe, the conditionally approved submission will remain a part of the SIP until EPA takes final action approving or disapproving the new submittal. If EPA disapproves the new submittal, the conditionally approved aspect of New Hampshire's PSD program will also be disapproved at that time. If EPA approves the revised PSD program submittal, then the portions of New Hampshire's infrastructure SIP submittals that were conditionally approved will be fully approved in their entirety and replace the conditional approval in the SIP. In addition, final disapproval of an infrastructure SIP submittal triggers the Federal implementation plan (FIP) requirement under section 110(c). Other specific requirements of infrastructure SIPs and the rationale for EPA's final action on New Hampshire's submittals are explained in the NPR and will not be restated here. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act 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 Clean Air Act. 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 [[Page 78139]] 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 (Public Law 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 16, 2016. 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: December 2, 2015. H. Curtis Spalding, Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: 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. Subpart EE--New Hampshire 0 2. Section 52.1519 is amended by removing and reserving paragraphs (a)(3) and (4) and adding paragraphs (a)(6) through (10) to read as follows: Sec. 52.1519 Identification of plan--conditional approval. (a) * * * (6) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on December 31, 2012, is conditionally approved for Clean Air Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it relates to the aspect of the PSD program pertaining to providing notification to neighboring states of certain permitting activity being considered by New Hampshire. This conditional approval is contingent upon New Hampshire taking actions to address these requirements as detailed within a final conditional approval dated September 25, 2015. (7) 2008 Lead NAAQ: The 110(a)(2) infrastructure SIP submitted on November 7, 2011, is conditionally approved for Clean Air Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it relates to the aspect of the PSD program pertaining to providing notification to neighboring states of certain permitting activity being considered by New Hampshire. This conditional approval is contingent upon New Hampshire taking actions to address these requirements as detailed within a final conditional approval dated September 25, 2015. (8) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on January 28, 2013, is conditionally approved for Clean Air Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it relates to the aspect of the PSD program pertaining to providing notification to neighboring states of certain permitting activity being considered by New Hampshire. This conditional approval is contingent upon New Hampshire taking actions to address these requirements as detailed within a final conditional approval dated September 25, 2015. (9) 1997 PM 2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on April 3, 2008, is conditionally approved for Clean Air Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it relates to the aspect of the PSD program pertaining to providing notification to neighboring states of certain permitting activity being considered by New Hampshire. This conditional approval is contingent upon New Hampshire taking actions to address these requirements as detailed within a final conditional approval dated September 25, 2015. (10) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on September 18, 2009, is conditionally approved for Clean Air Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it relates to the aspect of the PSD program pertaining to providing notification to neighboring states of certain permitting activity being considered by New Hampshire. This conditional approval is contingent upon New Hampshire taking actions to address these requirements as detailed within a final conditional approval dated September 25, 2015. 0 3. Section 52.1520 is amended by: 0 a. In the table in paragraph (c), adding three entries at the end of the table; and 0 b. In the table in paragraph (e), adding six entries at the end of the table. The additions read as follows: Sec. 52.1520 Identification of plan. * * * * * (c) * * * [[Page 78140]] EPA-Approved New Hampshire Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approved date \1\ Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Title 1 of the New Hampshire Department of 7/1/86 12/16/15 [Insert Federal Register Section 21-O:11, Air Resources Council. Statues: The State and Its Environmental citation]. Government, Chapter 21-O. Services. Title X of the New Hampshire Air Pollution 7/1/79 12/16/15 [Insert Federal Register Section 125-C:1--Declaration of Policy and Purpose; Statutes: Public Health, Control. citation]. Section 125-C:2--Definitions; Section 125-C:4-- Chapter 125-C. Rulemaking Authority; Subpoena Power; Section 125- C:6--Powers and Duties of the Commissioner; Section 125-C:8--Administration of Chapter; Delegation of Duties; Section 125-C:9--Authority of the Commissioner in Cases of Emergency; Section 125-C:10--Devices Contributing to Air Pollution; Section 125-C:10a--Municipal Waste Combustion Units; Section 125-C:11--Permit Required; Section 125-C:12--Administrative Requirements; Section 125- C:13--Criteria for Denial; Suspension or Revocation; Modification; Section 125-C:14-- Rehearings and Appeals; Section 125-C:18--Existing Remedies Unimpaired; Section 125-C:19--Protection of Powers; and Section 125-C:21--Severability. Title X of the New Hampshire Multiple 7/1/2002 12/16/15 [Insert Federal Register Section 125-O:1--Findings and Purpose; Section 125-- Statutes: Public Health, Pollutant citation]. O:3--Integrated Power Plant Strategy. Chapter 125-O. Reduction Program. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. * * * * * (e) * * * New Hampshire NonRegulatory -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State provision nonattainment submittal date/ EPA approved date \3\ Explanations area effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure SIP for 2008 Statewide....... 12/31/2012 12/16/15 [Insert Federal Register Approved submittal, except for certain aspects ozone NAAQS. citation]. relating to PSD which were conditionally approved. See 52.1519. Infrastructure SIP for the Statewide....... 11/7/2011 12/16/15 [Insert Federal Register Approved submittal, except for certain aspects 2008 Lead NAAQS. citation]. relating to PSD which were conditionally approved. See 52.1519. Infrastructure SIP for the Statewide....... 1/28/2013 12/16/15 [Insert Federal Register Approved submittal, except for certain aspects 2010 NO2 NAAQS. citation]. relating to PSD which were conditionally approved. See 52.1519. Infrastructure SIP for the Statewide....... 7/3/2012 12/16/15 [Insert Federal Register Items that were previously conditionally approved 1997 PM2.5 NAAQS. citation]. on 10/16/12 now fully approved. Infrastructure SIP for 2006 Statewide....... 9/18/2009 12/16/15 [Insert Federal Register Items that were previously conditionally approved PM2.5 NAAQS. citation]. on 10/16/12 now fully approved. Request for exemption from Merrimack 12/31/2012 12/16/15 [Insert Federal Register State's request for exemption from contingency plan contingency plan obligation. Valley--Souther citation]. obligation, made pursuant to 40 CFR 51.122(d), is n New Hampshire granted in light of the area's designation as AQCR. unclassifiable/attainment for the 2008 ozone NAAQS. -------------------------------------------------------------------------------------------------------------------------------------------------------- \3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. [[Page 78141]] 0 4. In Sec. 52.1521, revise the table to read as follows: Sec. 52.1521 Classification of regions. * * * * * ---------------------------------------------------------------------------------------------------------------- Pollutant ------------------------------------------------------------------------------- Air quality control region Particulate Nitrogen Carbon matter Sulfur oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Androscoggin Valley Interstate.. IA IA III III III Central New Hampshire Intrastate III III III III III Merrimack Valley--Southern New I I III III I Hampshire Interstate........... ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-31525 Filed 12-15-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations 78135
facilitated Exchange (FFE) platform. subpart N require that such costs be Dated: December 8, 2015.
Certain changes that affect FFE included in the 10-year budget plan Andrew M. Slavitt,
processes may make a waiver proposal submitted by the state. Acting Administrator, Centers for Medicare
not feasible to implement at this time. & Medicaid Services.
Until further guidance is issued, the VI. Public Input on Waiver Proposals Dated: December 11, 2015.
Federal platform cannot accommodate Consistent with the statutory Sylvia M. Burwell,
different rules for different states. For Secretary, Department of Health and Human
provisions of Section 1332, regulations
example, waivers that would require Services.
at 31 CFR 33.112 and 45 CFR 155.1312
changes to the calculation of Exchange Approved: December 10, 2015.
financial assistance, non-standard require states to provide a public notice
and comment period for a waiver Mark J. Mazur,
enrollment period determinations,
customized plan management review application sufficient to ensure a Assistant Secretary of the Treasury (Tax
meaningful level of public input prior to Policy).
options, or changes to the design used
submitting an application. As part of the [FR Doc. 2015–31563 Filed 12–11–15; 4:15 pm]
to display plan options are generally not
feasible at this time due to operational public notice and comment period, a BILLING CODE 4150–28–P
limitations. In addition, the Federal state with one or more Federally-
platform cannot accommodate changes recognized tribes must conduct a
to its plan management templates in the separate process for meaningful ENVIRONMENTAL PROTECTION
near term. States contemplating a consultation with such tribes. Because AGENCY
waiver that requires such changes may State Innovation Waiver applications
consider establishing their own platform may vary significantly in their 40 CFR Part 52
administered by the state. complexity and breadth, the regulations
As noted in Section I.D. of this provide states with flexibility in [EPA–R01–OAR–2012–0950; A–1–FRL–
guidance, costs associated with changes determining the length of the comment 9940–15–Region 1]
to Federal administrative processes are period required to allow for meaningful
taken into account in determining Air Plan Approval; NH; Infrastructure
and robust public engagement. The State Implementation Plan
whether a waiver application satisfies
comment period must be sufficient to Requirements for Ozone, Lead, and
the deficit neutrality requirement.
Regulations at 31 CFR part 33 and 45 ensure a meaningful level of public Nitrogen Dioxide
CFR part 155, subpart N require that input and in no case can be less than 30
days. AGENCY: Environmental Protection
such costs be included in the 10-year Agency (EPA).
budget plan submitted by the state. Consistent with HHS regulations,
ACTION: Final rule.
B. Internal Revenue Service waiver applications must be posted
online in a manner that meets national SUMMARY: The Environmental Protection
Certain changes that affect Internal standards to assure access to individuals
Revenue Service (IRS) administrative Agency (EPA) is approving elements of
with disabilities. Such standards are State Implementation Plan (SIP)
processes may make a waiver proposal issued by the Architectural and
not feasible to implement. At this time, submissions from New Hampshire
Transportation Barriers Compliance regarding the infrastructure
the IRS is not generally able to
Board, and are referred to as ‘‘section requirements of the Clean Air Act (CAA
administer different sets of rules in
different states. As a result, while a state 508’’ standards. Alternatively, the or Act) for the 2008 lead, 2008 ozone,
may propose to entirely waive the World Wide Web Consortium’s Web and 2010 nitrogen dioxide National
application of one or more of the tax Content Accessibility Guidelines Ambient Air Quality Standards
provisions listed in Section 1332 to (WCAG) 2.0 Level AA standards would (NAAQS). EPA is also converting
taxpayers in the state, it is generally not also be considered as acceptable conditional approvals for several
feasible to design a waiver that would national standard for Web site infrastructure requirements for the 1997
require the IRS to administer an accessibility. For more information, see and 2006 fine particle (PM2.5) NAAQS to
alteration to these provisions for the WCAG Web site at http:// full approval under the CAA.
taxpayers in the state. For example, it is www.w3.org/TR/WCAG20/. Furthermore, we are updating the
generally not feasible to have the IRS classification for one of New
Section 1332 and its implementing Hampshire’s air quality control regions
administer a different set of eligibility regulations also require the Federal
rules for the premium tax credit for for ozone based on recent air quality
Government to provide a public notice monitoring data collected by the state,
residents of a particular state. States and comment period, once the
contemplating a waiver proposal that and are granting the state’s request for
Secretaries receive an application. The an exemption from the infrastructure
includes a modified version of a Federal
period must be sufficient to ensure a SIP contingency plan obligation for
tax provision may consider waiving the
provision entirely and relying on a tax meaningful level of public input and ozone. Last, we are conditionally
program administered by the state. must not impose requirements that are approving certain elements of New
In addition, a waiver proposal that in addition to, or duplicative of, Hampshire’s submittal relating to
completely waives one or more tax requirements imposed under the prevention of significant deterioration
provisions in a state may create Administrative Procedures Act, or requirements.
administrative costs for the IRS. As requirements that are unreasonable or The infrastructure requirements are
noted in Section I.D. above, costs unnecessarily burdensome with respect designed to ensure that the structural
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associated with changes to Federal to state compliance. As with the components of each state’s air quality
administrative processes are taken into comment period described above, the management program are adequate to
account in determining whether a length of the comment period should meet the state’s responsibilities under
waiver application satisfies the deficit reflect the complexity of the proposal the CAA.
neutrality requirement. Regulations at and in no case can be less than 30 days. DATES: This rule is effective on January
31 CFR part 33 and 45 CFR part 155, 15, 2016.
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![78136 Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations
ADDRESSES: EPA has established a and 2010 NO2 NAAQS—January 28, here to disapprove the SO2 I–SIP
docket for this action under Docket 2013. Certification (as well as the 2008 ozone
Identification No. EPA–R01–OAR– This rulemaking also addresses and 2010 NO2 I–SIPs, for that matter)
2012–0950. All documents in the docket certain infrastructure SIP elements for and initiate the FIP [Federal
are listed on the http:// the 1997 and 2006 fine particle (PM2.5) 1 Implementation Plan] process with
www.regulations.gov Web site, although NAAQS for which EPA previously regard to the I–SIP’s ‘‘ ‘Good Neighbor’
some information, such as confidential issued a conditional approval. See 77 provisions.’’
business information or other FR 63228, October 16, 2012. The state Response: To be clear, EPA reiterates
information whose disclosure is submitted these infrastructure SIPs on that this final rulemaking does not
restricted by statute is not publically April 3, 2008, and September 18, 2009, address New Hampshire’s infrastructure
available. Certain other material, such as respectively. Additionally, in this final SIP submittal for the 2010 SO2 NAAQS.
copyrighted material, is not placed on rulemaking we are updating the EPA will take final action on that
the Internet and will be publicly classification for one of New submittal in a future final action, which
available only in hard copy form. Hampshire’s air quality control regions will include a response to the Sierra
Publicly available docket materials are for ozone based on recent air quality Club’s comments as to that submittal.
available at http://www.regulations.gov monitoring data collected by the state, Section 110(a)(2)(D)(i)(I) addresses
or at the U.S. Environmental Protection and are granting the state’s request for emissions that significantly contribute
Agency, EPA New England Regional an exemption from the infrastructure to nonattainment or interfere with
Office, Office of Ecosystem Protection, SIP contingency plan obligation for maintenance of the NAAQS in another
Air Quality Planning Unit, 5 Post Office ozone. Last, we are conditionally state. However, although EPA is acting
Square, Suite 100, Boston, MA. EPA approving certain elements of New on New Hampshire’s submittals for the
requests that if at all possible, you Hampshire’s submittal relating to 2008 ozone and 2010 NO2 NAAQS in
contact the contact listed in the FOR prevention of significant deterioration this rulemaking, EPA is not taking any
FURTHER INFORMATION CONTACT section to (PSD) requirements. action with respect to section
schedule your inspection. The Regional 110(D)(i)(I). As the commenter notes,
II. Public Comments New Hampshire did not include any
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to EPA received just one set of provisions to address the requirements
4:30 p.m., excluding legal holidays. comments in response to the NPR. of section 110(a)(2)(D)(i)(I) in its
Copies of the documents relevant to this Those comments—the full set of which December 31, 2012 and January 28, 2013
action are also available for public are included in the docket for this final infrastructure SIP submittals for the
inspection during normal business rulemaking—were submitted by the 2008 ozone and 2010 NO2 NAAQS,
hours, by appointment at: Air Resources Sierra Club and focused respectively. In the NPR, EPA did not
overwhelmingly on our proposed propose to take any action with respect
Division, Department of Environmental
approval of New Hampshire’s to New Hampshire’s obligations
Services, 6 Hazen Drive, P.O. Box 95,
infrastructure SIP for the 2010 SO2 pursuant to section 110(a)(2)(D)(i)(I) for
Concord, NH 03302–0095.
NAAQS, which is not addressed in this the December 31, 2012 and January 28,
FOR FURTHER INFORMATION CONTACT: Bob
final rulemaking. Relevant to this 2013 infrastructure SIP submittals.
McConnell, Environmental Engineer, Because New Hampshire did not
Air Quality Planning Unit, Air Programs action, one aspect of the comments
touched glancingly on the infrastructure make a submission in its December 31,
Branch (Mail Code OEP05–02), U.S. 2012 and January 28, 2013 SIP
Environmental Protection Agency, submittals for the 2008 ozone and 2010
NO2 NAAQS. EPA received no public submittals to address the requirements
Region 1, 5 Post Office Square, Suite of section 110(a)(2)(D)(i)(I), EPA is not
100, Boston, Massachusetts, 02109– comments on our proposed approval of
New Hampshire’s infrastructure required to have proposed or to take
3912; (617) 918–1046; final SIP approval or disapproval action
mcconnell.robert@epa.gov. submittals for the 2008 lead NAAQS.
Comment: The commenter argued, on this element under section 110(k) of
SUPPLEMENTARY INFORMATION: the CAA. In this case, there has been no
Throughout this document whenever among other things, that EPA must
disapprove the SIP submittal for the substantive submission for EPA to
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean evaluate under section 110(k). Nor does
EPA. 2010 SO2 NAAQS, because New
Hampshire did not include a submittal the lack of a submission addressing
Organization of this document. The section 110(a)(2)(D)(i)(I) require EPA to
following outline is provided to aid in to satisfy section 110(D)(i)(I) (the so-
disapprove New Hampshire’s December
locating information in this preamble. called ‘‘Good Neighbor’’ provision). In a
31, 2012 and January 28, 2013 SIP
footnote, the commenter contended that
I. Background and Purpose submittals as to the other elements of
New Hampshire had similarly not
II. Public Comments section 110(a)(2). EPA interprets its
III. Final Action included a submittal to satisfy the same
authority under section 110(k)(3) of the
IV. Statutory and Executive Order Reviews provision for the 2008 ozone or 2010
CAA as affording EPA the discretion to
NO2 NAAQS. The commenter argued
approve, or conditionally approve,
I. Background and Purpose that these omissions, coming as they did
individual elements of New
more than three years after EPA’s
This rulemaking addresses Hampshire’s infrastructure SIP
promulgation of a new or revised
infrastructure SIP submissions from the submissions, separate and apart from
NAAQS, are in violation of the Act and
New Hampshire Department of any action with respect to the
the Supreme Court’s ruling in EPA v.
Environmental Services (NH–DES) for requirements of section
EME Homer City Generation, LP.2
the 2008 ozone, 2008 lead (Pb), and 110(a)(2)(D)(i)(I). EPA views discrete
tkelley on DSK3SPTVN1PROD with RULES
2010 nitrogen dioxide (NO2) national Accordingly, the commenter contended infrastructure SIP requirements in
that ‘‘EPA must take immediate action
ambient air quality standards (NAAQS). section 110(a)(2), such as the
The state submitted these infrastructure 1 PM
requirements of 110(a)(2)(D)(i)(I), as
2.5 refers to particulate matter of 2.5 microns
SIPs on the following dates: 2008 lead or less in diameter, oftentimes referred to as ‘‘fine’’ severable from the other infrastructure
NAAQS—November 7, 2011; 2008 particles. elements and interprets section
ozone NAAQS—December 31, 2012; 2 134 S. Ct. 1584 (2014). 110(k)(3) as allowing it to act on
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![78140 Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State effective
State citation Title/subject EPA approved date 1 Explanations
date
* * * * * * *
Title 1 of the New Hamp- Department of Environ- 7/1/86 12/16/15 [Insert Federal Section 21–O:11, Air Resources Council.
shire Statues: The mental Services. Register citation].
State and Its Govern-
ment, Chapter 21-O.
Title X of the New Hamp- Air Pollution Control ........ 7/1/79 12/16/15 [Insert Federal Section 125–C:1—Declaration of Policy
shire Statutes: Public Register citation]. and Purpose; Section 125–C:2—Defini-
Health, Chapter 125–C. tions; Section 125–C:4—Rulemaking
Authority; Subpoena Power; Section
125–C:6—Powers and Duties of the
Commissioner; Section 125–C:8—Ad-
ministration of Chapter; Delegation of
Duties; Section 125–C:9—Authority of
the Commissioner in Cases of Emer-
gency; Section 125–C:10—Devices
Contributing to Air Pollution; Section
125–C:10a—Municipal Waste Combus-
tion Units; Section 125–C:11—Permit
Required; Section 125–C:12—Adminis-
trative Requirements; Section 125–
C:13—Criteria for Denial; Suspension
or Revocation; Modification; Section
125–C:14—Rehearings and Appeals;
Section 125–C:18—Existing Remedies
Unimpaired; Section 125–C:19—Pro-
tection of Powers; and Section 125–
C:21—Severability.
Title X of the New Hamp- Multiple Pollutant Reduc- 7/1/2002 12/16/15 [Insert Federal Section 125–O:1—Findings and Purpose;
shire Statutes: Public tion Program. Register citation]. Section 125—O:3—Integrated Power
Health, Chapter 125–O. Plant Strategy.
1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
* * * * * (e) * * *
NEW HAMPSHIRE NONREGULATORY
State submittal
Name of nonregulatory Applicable geographic or date/effective EPA approved date 3 Explanations
SIP provision nonattainment area date
* * * * * * *
Infrastructure SIP for Statewide ......................... 12/31/2012 12/16/15 [Insert Federal Approved submittal, except for certain as-
2008 ozone NAAQS. Register citation]. pects relating to PSD which were con-
ditionally approved. See 52.1519.
Infrastructure SIP for the Statewide ......................... 11/7/2011 12/16/15 [Insert Federal Approved submittal, except for certain as-
2008 Lead NAAQS. Register citation]. pects relating to PSD which were con-
ditionally approved. See 52.1519.
Infrastructure SIP for the Statewide ......................... 1/28/2013 12/16/15 [Insert Federal Approved submittal, except for certain as-
2010 NO2 NAAQS. Register citation]. pects relating to PSD which were con-
ditionally approved. See 52.1519.
Infrastructure SIP for the Statewide ......................... 7/3/2012 12/16/15 [Insert Federal Items that were previously conditionally
1997 PM2.5 NAAQS. Register citation]. approved on 10/16/12 now fully ap-
proved.
Infrastructure SIP for Statewide ......................... 9/18/2009 12/16/15 [Insert Federal Items that were previously conditionally
2006 PM2.5 NAAQS. Register citation]. approved on 10/16/12 now fully ap-
proved.
Request for exemption Merrimack Valley—South- 12/31/2012 12/16/15 [Insert Federal State’s request for exemption from con-
from contingency plan ern New Hampshire Register citation]. tingency plan obligation, made pursu-
obligation. AQCR. ant to 40 CFR 51.122(d), is granted in
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light of the area’s designation as
unclassifiable/attainment for the 2008
ozone NAAQS.
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
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![Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations 78141
■ 4. In § 52.1521, revise the table to read § 52.1521 Classification of regions.
as follows: * * * * *
Pollutant
Air quality control region Particulate Nitrogen Carbon
Sulfur oxides Ozone
matter dioxide monoxide
Androscoggin Valley Interstate ............................................ IA IA III III III
Central New Hampshire Intrastate ...................................... III III III III III
Merrimack Valley—Southern New Hampshire Interstate .... I I III III I
[FR Doc. 2015–31525 Filed 12–15–15; 8:45 am] Jefferson Clinton Bldg., Rm. 3334, 1301 C. How can I file an objection or hearing
BILLING CODE 6560–50–P Constitution Ave. NW., Washington, DC request?
20460–0001. The Public Reading Room Under FFDCA section 408(g), 21
is open from 8:30 a.m. to 4:30 p.m., U.S.C. 346a, any person may file an
ENVIRONMENTAL PROTECTION Monday through Friday, excluding legal objection to any aspect of this regulation
AGENCY holidays. The telephone number for the and may also request a hearing on those
Public Reading Room is (202) 566–1744, objections. You must file your objection
40 CFR Part 180 and the telephone number for the OPP or request a hearing on this regulation
[EPA–HQ–OPP–2008–0762; FRL–9939–54] Docket is (703) 305–5805. Please review in accordance with the instructions
the visitor instructions and additional provided in 40 CFR part 178. To ensure
Bacillus Amyloliquefaciens MBI600 information about the docket available proper receipt by EPA, you must
(Antecedent Bacillus Subtilis MBI600); at http://www.epa.gov/dockets. identify docket ID number EPA–HQ–
Amendment to an Exemption From the FOR FURTHER INFORMATION CONTACT: OPP–2008–0762 in the subject line on
Requirement of a Tolerance Robert McNally, Biopesticides and the first page of your submission. All
AGENCY: Environmental Protection Pollution Prevention Division (7511P), objections and requests for a hearing
Agency (EPA). Office of Pesticide Programs, must be in writing, and must be
Environmental Protection Agency, 1200 received by the Hearing Clerk on or
ACTION: Final rule.
Pennsylvania Ave. NW., Washington, before February 16, 2016. Addresses for
SUMMARY: This regulation amends the DC 20460–0001; main telephone mail and hand delivery of objections
existing exemption from the number: (703) 305–7090; email address: and hearing requests are provided in 40
requirement of a tolerance for residues BPPDFRNotices@epa.gov. CFR 178.25(b).
of the microbial pesticide Bacillus In addition to filing an objection or
SUPPLEMENTARY INFORMATION: hearing request with the Hearing Clerk
subtilis strain MBI600 to change the
name to Bacillus amyloliquefaciens I. General Information as described in 40 CFR part 178, please
strain MBI600 (antecedent Bacillus submit a copy of the filing (excluding
A. Does this action apply to me? any Confidential Business Information
subtilis strain MBI600) in or on all food
commodities, including residues You may be potentially affected by (CBI)) for inclusion in the public docket.
resulting from post-harvest uses, when this action if you are an agricultural Information not marked confidential
applied or used in accordance with producer, food manufacturer, or pursuant to 40 CFR part 2 may be
good agricultural practices. BASF pesticide manufacturer. The following disclosed publicly by EPA without prior
Corporation submitted a petition to EPA list of North American Industrial notice. Submit the non-CBI copy of your
under the Federal Food, Drug, and Classification System (NAICS) codes is objection or hearing request, identified
Cosmetic Act (FFDCA), requesting an not intended to be exhaustive, but rather by docket ID number EPA–HQ–OPP–
amendment to the existing exemption provides a guide to help readers 2008–0762, by one of the following
from the requirement of a tolerance. determine whether this document methods:
This regulation eliminates the need to • Federal eRulemaking Portal: http://
applies to them. Potentially affected
establish a maximum permissible level www.regulations.gov. Follow the online
entities may include:
for residues of Bacillus instructions for submitting comments.
• Crop production (NAICS code 111). Do not submit electronically any
amyloliquefaciens strain MBI600.
• Animal production (NAICS code information you consider to be CBI or
DATES: This regulation is effective
112). other information whose disclosure is
December 16, 2015. Objections and restricted by statute.
requests for hearings must be received • Food manufacturing (NAICS code
311). • Mail: OPP Docket, Environmental
on or before February 16, 2016, and Protection Agency Docket Center (EPA/
must be filed in accordance with the • Pesticide manufacturing (NAICS DC), (28221T), 1200 Pennsylvania Ave.
instructions provided in 40 CFR part code 32532). NW., Washington, DC 20460–0001.
178 (see also Unit I.C. of the • Hand Delivery: To make special
B. How can I get electronic access to
SUPPLEMENTARY INFORMATION). arrangements for hand delivery or
other related information?
ADDRESSES: The docket for this action, delivery of boxed information, please
identified by docket identification (ID) You may access a frequently updated follow the instructions at http://
tkelley on DSK3SPTVN1PROD with RULES
number EPA–HQ–OPP–2008–0762, is electronic version of 40 CFR part 180 www.epa.gov/dockets/contacts.html.
available at http://www.regulations.gov through the Government Printing Additional instructions on
or at the Office of Pesticide Programs Office’s e-CFR site at http:// commenting or visiting the docket,
Regulatory Public Docket (OPP Docket) www.ecfr.gov/cgi-bin/text- along with more information about
in the Environmental Protection Agency idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ dockets generally, is available at http://
Docket Center (EPA/DC), West William 40tab_02.tpl. www.epa.gov/dockets.
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Document Created: 2015-12-16 01:00:48
Document Modified: 2015-12-16 01:00:48
| 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 rule is effective on January 15, 2016. | |
| Contact | Bob McConnell, Environmental Engineer, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1046; [email protected] | |
| FR Citation | 80 FR 78135 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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