80 FR 8547 - Approval and Promulgation of Implementation Plans; Guam
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 32 (February 18, 2015)
Federal Register Volume 80, Issue 32 (February 18, 2015)
| Page Range | 8547-8550 | |
| FR Document | 2015-03178 |
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)] [Rules and Regulations] [Pages 8547-8550] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03178] [[Page 8547]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [GU122-NBK; FRL 9923-01-Region 9] Approval and Promulgation of Implementation Plans; Guam AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is completing the process begun in 2005 to revise the format of the ``identification of plan'' section in 40 CFR part 52 for the Guam State Implementation Plan (SIP). Specifically, the EPA is adding the nonregulatory provisions and quasi-regulatory measures to the revised ``identification of plan'' section. The nonregulatory provisions and quasi-regulatory measures affected by this format revision have been previously submitted by the Territory of Guam and approved by the EPA. DATES: This rule is effective on February 18, 2015. ADDRESSES: Nonregulatory and quasi-regulatory SIP materials are available for inspection at Air Division, EPA Region IX, 75 Hawthorne Street, San Francisco, 94105-3901 and online at EPA Region IX's Web site. FOR FURTHER INFORMATION CONTACT: Kevin Gong, Rules Office (AIR-4), U.S. Environmental Protection Agency, Region IX, (415) 972-3073, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Background II. Public Comments III. Statutory and Executive Order Reviews I. Background Under the Clean Air Act (CAA or ``Act''), each state is required to have a state implementation plan (SIP) which contains the control measures and strategies which will be used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. The control measures and strategies must be formally adopted by each state after the public has had an opportunity to comment on them. They are then submitted to the EPA as SIP revisions on which the EPA must formally act. The SIP is a living document which can be revised by the state as necessary to address the unique air pollution problems in the state. Therefore, the EPA from time to time must take action on SIP revisions which may contain new or revised regulations as being part of the SIP. On May 31, 1972 (37 FR 10842), the EPA approved, with certain exceptions, the initial SIPs for 50 states, four territories and the District of Columbia. Since 1972, each state and territory has submitted numerous SIP revisions, either on their own initiative, or because they were required to as a result of various amendments to the CAA. The EPA codifies its approvals and disapprovals of SIPs and SIP revisions in 40 CFR part 52 (``Approval and promulgation of implementation plans''). Within 40 CFR part 52, there are 58 subparts (subparts A through FFF). Subpart A contains general provisions and certain requirements applicable to all states and territories, while subparts B through DDD and FFF contain requirements that are specific to a given state or territory. Subpart EEE contains historical information pertaining to the EPA's actions on SIP material originally submitted by states to the National Air Pollution Control Administration, Department of Health Education and Welfare in 1970. Until 1997, the first or second section of each subpart within 40 CFR part 52 (other than subparts A and EEE) was called ``identification of plan.'' On May 22, 1997 (62 FR 27968), the EPA established a new format for the ``identification of plan'' sections assigned to each subpart in 40 CFR part 52 (except A and EEE). With the new format, revised ``identification of plan'' sections contain five subsections: (a) Purpose and scope, (b) Incorporation by reference, (c) EPA approved regulations, (d) EPA approved source specific permits, and (e) EPA approved nonregulatory provisions and quasi-regulatory measures. ``Nonregulatory provisions and quasi-regulatory measures'' refers to such items as transportation control measures, certain statutory provisions, control strategies, and monitoring networks. In our May 1997 rule, we indicated that the EPA would begin to phase-in the new format on a state-by-state basis. Please see our May 1997 rule for more information concerning the revised format for SIPs. The Guam SIP is identified in subpart AAA (``Guam'') of part 52. As with other State SIPs, the EPA has taken a number of actions since 1972 with respect to the Guam SIP. In 2005, we revised the format of the ``identification of plan'' section in subpart AAA in accordance with the revised format described above. See 70 FR 20473 (April 20, 2005). In our 2005 final rule, we did not complete the process of revising the format for the ``identification of plan'' section in that we did not list the nonregulatory provisions and quasi-regulatory measures portion of the Guam SIP, but we are doing so in today's action. II. Public Comments The EPA has determined that today's rule falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) that, upon finding ``good cause,'' authorizes agencies to dispense with public participation; and section 553(d)(3), which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply revises the codification of provisions that are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' Public comment is ``unnecessary'' and ``contrary to the public interest'' since the codification only reflects existing law. Immediate notice in the CFR benefits the public by clearly identifying the current nonregulatory provisions and quasi-regulatory measures of the Guam SIP. III. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). Because the agency has made a ``good cause'' finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the SUPPLEMENTARY INFORMATION (II. Public Comments) section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental [[Page 8548]] mandate, as described in sections 203 or 204 of UMRA. This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not an economically significant regulatory action based on health or safety risks. This rule does not involve technical standards; thus the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public internet. Today's action simply reformats the codification of provisions that are already in effect as a matter of law in Federal and approved State programs. 5 U.S.C. 808(2). As stated previously, the EPA has made such a good cause finding, including the reasons therefore, and established an effective date of February 18, 2015. The 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). The EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Guam SIP compilation had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, the EPA sees no need to reopen the 60-day period for filing such petitions for judicial review for this reformatting of portions of the ``Identification of plan'' section of 40 CFR 52.2670 for Guam. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: February 5, 2015. Jared Blumenfeld, Regional Administrator, Region IX. Part 52, 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 AAA--Guam 0 2. Section 52.2670 is amended by adding paragraph (e) to read as follows: Sec. 52.2670 Identification of plan. * * * * * (e) EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures. EPA Approved Guam Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- Applicable State Name of SIP provision geographic or submittal EPA approval date Explanation nonattainment area date ---------------------------------------------------------------------------------------------------------------- Implementation Plan for Compliance With the Ambient Air Quality Standards For Territory of Guam ---------------------------------------------------------------------------------------------------------------- Section I: Public Hearing........ State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original 48638. SIP. See 40 CFR 52.2673(c)(1). Section II: Introduction......... State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original 48638. SIP. See 40 CFR 52.2673(c)(1). Section III: Legal authority..... State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original 48638. SIP. See 40 CFR 52.2673(c)(1). Section IV: Ambient air quality State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original standards and air pollution 48638. SIP. This is a control regulations. narrative discussion only. The approved regulations are listed in the table in 40 CFR 52.2670(c). Section V: Emission inventory.... State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original 48638. SIP. See 40 CFR 52.2673(c)(1). Section VI: Air quality data..... State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original 48638. SIP. See 40 CFR 52.2673(c)(1). Section VII: Classification of State-wide.......... 1/25/1972 5/31/1972, 37 FR Included as part of Region. 10842. the original SIP. See 40 CFR 52.2673(b). Section VIII: Control Strategy [[Page 8549]] Subsection A (Control State-wide.......... 1/25/1972 5/31/1972, 37 FR Included as part of Strategy for Sulfur Oxides). 10842. the original SIP. See 40 CFR 52.2673(b). Territory of Guam NAP for SO2 Piti Nonattainment 6/30/1982 5/15/1984, 49 FR Narrative and Area. 20495. Control Strategy portion of the Piti nonattainment plan, Addendum B, ``Preliminary Results of SO2 Dispersion Modeling;'' and ``Official Report of Public Hearing.'' The remaining portions of the addenda are for informational purposes only. See 40 CFR 52.2673(c)(5). Subsection B (Control State-wide.......... 1/25/1972 5/31/1972, 37 FR Included as part of Strategy for Particulate 10842. the original SIP. Matter). See 40 CFR 52.2673(b). Subsection B of Section VIII (Control Strategies), as submitted on August 14, 1973, was erroneously listed as approved in 40 CFR 52.2670(c)(1), now designated at 40 CFR 52.2673(c)(1). See list of disapproval actions at 43 FR 59066 (December 19, 1978) Subsection C (SET II State-wide.......... 8/14/1973 12/19/1978, 43 FR Revision to original Pollutants--Carbon Monoxide, 59066. SIP. See 40 CFR Hydrocarbons, Photochemical 52.2673(c)(1). Oxidants, and Nitrogen Dioxide). Letter from Paul H. Calvo, State-wide.......... 11/24/1982 8/14/1985 50 FR Negative declaration Guam EPA, to Kathleen M. 32697. indicating no Lead Bennett, EPA, dated November Sources in Guam. 24, 1982. See 40 CFR 52.2673(c)(6). Section IX: Complex sources...... State-wide.......... 8/14/1973 2/25/1974, 39 FR Revision to original 7285. SIP. See 40 CFR 52.2673(c)(1). Section X: Air quality State-wide.......... 5/22/1984 1/22/1985, 50 FR Superseded previous surveillance network. 2820. version of Section 10 approved at October 19, 1978 (43 FR 48638). See 40 CFR 52.2673(c)(5). Section XI: Emergency Episode State-wide.......... 1/25/1972 5/31/1972, 37 FR Included as part of System. 10842. the original SIP. See 40 CFR 52.2673(b). Section XI: Source surveillance State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original system. 48638. SIP. See 40 CFR 52.2673(c)(1). Section XIII: Review of New State-wide.......... 1/25/1972 5/31/1972, 37 FR Included as part of Source and Modifications. 10842. the original SIP. See 40 CFR 52.2673(b). Section XIII: Compliance Schedule State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original 48638. SIP. See 40 CFR 52.2673(c)(1). Section XV. Resources............ State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original 48638. SIP. See 40 CFR 52.2673(c)(1). Section XVI: Intergovernmental State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original cooperation. 48638. SIP. See 40 CFR 52.2673(c)(1). Appendix A: Notice and minutes of State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original public hearing. 48638. SIP. See 40 CFR 52.2673(c)(1). Appendix C: Public Law 11-191.... State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original 48638. SIP. Enacted on December 7, 1972. Titled, ``Guam Environmental Protection Agency Act.'' See 40 CFR 52.2673(c)(1). Appendix F: Summary of air State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original quality data. 48638. SIP. See 40 CFR 52.2673(c)(1). Appendix G: Steam power plant State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original parameters. 48638. SIP. See 40 CFR 52.2673(c)(1). [[Page 8550]] Appendix H: Diffusion model State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original computer printout. 48638. SIP. See 40 CFR 52.2673(c)(1). Appendix J: Minutes and letters State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original of public hearing on compliance 48638. SIP. See 40 CFR schedules. 52.2673(c)(1). Appendix K: Inventory data for State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original 1973. 48638. SIP. See 40 CFR 52.2673(c)(1). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-03178 Filed 2-17-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8547
ENVIRONMENTAL PROTECTION submitted to the EPA as SIP revisions format of the ‘‘identification of plan’’
AGENCY on which the EPA must formally act. section in subpart AAA in accordance
The SIP is a living document which with the revised format described above.
40 CFR Part 52 can be revised by the state as necessary See 70 FR 20473 (April 20, 2005). In our
to address the unique air pollution 2005 final rule, we did not complete the
[GU122–NBK; FRL 9923–01–Region 9]
problems in the state. Therefore, the process of revising the format for the
Approval and Promulgation of EPA from time to time must take action ‘‘identification of plan’’ section in that
Implementation Plans; Guam on SIP revisions which may contain we did not list the nonregulatory
new or revised regulations as being part provisions and quasi-regulatory
AGENCY: Environmental Protection of the SIP. On May 31, 1972 (37 FR measures portion of the Guam SIP, but
Agency (EPA). 10842), the EPA approved, with certain we are doing so in today’s action.
ACTION: Final rule; notice of exceptions, the initial SIPs for 50 states,
four territories and the District of II. Public Comments
administrative change.
Columbia. Since 1972, each state and The EPA has determined that today’s
SUMMARY: The Environmental Protection territory has submitted numerous SIP rule falls under the ‘‘good cause’’
Agency (EPA) is completing the process revisions, either on their own initiative, exemption in section 553(b)(3)(B) of the
begun in 2005 to revise the format of the or because they were required to as a Administrative Procedure Act (APA)
‘‘identification of plan’’ section in 40 result of various amendments to the that, upon finding ‘‘good cause,’’
CFR part 52 for the Guam State CAA. The EPA codifies its approvals authorizes agencies to dispense with
Implementation Plan (SIP). Specifically, and disapprovals of SIPs and SIP public participation; and section
the EPA is adding the nonregulatory revisions in 40 CFR part 52 (‘‘Approval 553(d)(3), which allows an agency to
provisions and quasi-regulatory and promulgation of implementation make a rule effective immediately
measures to the revised ‘‘identification plans’’). (thereby avoiding the 30-day delayed
of plan’’ section. The nonregulatory Within 40 CFR part 52, there are 58 effective date otherwise provided for in
provisions and quasi-regulatory subparts (subparts A through FFF). the APA). Today’s rule simply revises
measures affected by this format Subpart A contains general provisions the codification of provisions that are
revision have been previously submitted and certain requirements applicable to already in effect as a matter of law in
by the Territory of Guam and approved all states and territories, while subparts Federal and approved State programs.
by the EPA. B through DDD and FFF contain Under section 553 of the APA, an
requirements that are specific to a given agency may find good cause where
DATES: This rule is effective on February
state or territory. Subpart EEE contains procedures are ‘‘impractical,
18, 2015.
historical information pertaining to the unnecessary, or contrary to the public
ADDRESSES: Nonregulatory and quasi- EPA’s actions on SIP material originally interest.’’ Public comment is
regulatory SIP materials are available for submitted by states to the National Air ‘‘unnecessary’’ and ‘‘contrary to the
inspection at Air Division, EPA Region Pollution Control Administration, public interest’’ since the codification
IX, 75 Hawthorne Street, San Francisco, Department of Health Education and only reflects existing law. Immediate
94105–3901 and online at EPA Region Welfare in 1970. notice in the CFR benefits the public by
IX’s Web site. Until 1997, the first or second section clearly identifying the current
FOR FURTHER INFORMATION CONTACT: of each subpart within 40 CFR part 52 nonregulatory provisions and quasi-
Kevin Gong, Rules Office (AIR–4), U.S. (other than subparts A and EEE) was regulatory measures of the Guam SIP.
Environmental Protection Agency, called ‘‘identification of plan.’’ On May
III. Statutory and Executive Order
Region IX, (415) 972–3073, 22, 1997 (62 FR 27968), the EPA
Reviews
gong.kevin@epa.gov. established a new format for the
‘‘identification of plan’’ sections Under Executive Order 12866 (58 FR
SUPPLEMENTARY INFORMATION:
assigned to each subpart in 40 CFR part 51735, October 4, 1993), this action is
Throughout this document, ‘‘we,’’ ‘‘us’’ not a ‘‘significant regulatory action’’ and
52 (except A and EEE). With the new
and ‘‘our’’ refer to the EPA. therefore is not subject to review by the
format, revised ‘‘identification of plan’’
Table of Contents sections contain five subsections: (a) Office of Management and Budget. For
Purpose and scope, (b) Incorporation by this reason, this action is also not
I. Background reference, (c) EPA approved regulations, subject to Executive Order 13211,
II. Public Comments (d) EPA approved source specific ‘‘Actions Concerning Regulations That
III. Statutory and Executive Order Reviews permits, and (e) EPA approved Significantly Affect Energy Supply,
nonregulatory provisions and quasi- Distribution, or Use’’ (66 FR 28355, May
I. Background 22, 2001). Because the agency has made
regulatory measures. ‘‘Nonregulatory
Under the Clean Air Act (CAA or provisions and quasi-regulatory a ‘‘good cause’’ finding that this action
‘‘Act’’), each state is required to have a measures’’ refers to such items as is not subject to notice-and-comment
state implementation plan (SIP) which transportation control measures, certain requirements under the Administrative
contains the control measures and statutory provisions, control strategies, Procedure Act or any other statute as
strategies which will be used to attain and monitoring networks. In our May indicated in the SUPPLEMENTARY
and maintain the national ambient air 1997 rule, we indicated that the EPA INFORMATION (II. Public Comments)
quality standards (NAAQS). The SIP is would begin to phase-in the new format section above, it is not subject to the
extensive, containing such elements as on a state-by-state basis. Please see our regulatory flexibility provisions of the
mstockstill on DSK4VPTVN1PROD with RULES
emission inventories, monitoring May 1997 rule for more information Regulatory Flexibility Act (5 U.S.C. 601
networks, attainment demonstrations, concerning the revised format for SIPs. et seq.), or to sections 202 and 205 of the
and enforcement mechanisms. The The Guam SIP is identified in subpart Unfunded Mandates Reform Act of 1995
control measures and strategies must be AAA (‘‘Guam’’) of part 52. As with other (UMRA) (Pub. L. 104–4). In addition,
formally adopted by each state after the State SIPs, the EPA has taken a number this action does not significantly or
public has had an opportunity to of actions since 1972 with respect to the uniquely affect small governments or
comment on them. They are then Guam SIP. In 2005, we revised the impose a significant intergovernmental
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![8550 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
EPA APPROVED GUAM NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
State
Applicable geographic or
Name of SIP provision submittal EPA approval date Explanation
nonattainment area date
Appendix H: Diffusion model State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See
computer printout. 40 CFR 52.2673(c)(1).
Appendix J: Minutes and let- State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See
ters of public hearing on 40 CFR 52.2673(c)(1).
compliance schedules.
Appendix K: Inventory data for State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See
1973. 40 CFR 52.2673(c)(1).
[FR Doc. 2015–03178 Filed 2–17–15; 8:45 am] warranted to its 2012 approval of the 1. Application of MRYS BACT to LOS Unit
BILLING CODE 6560–50–P NOX BART limits for these units. 2
2. Application of MRYS BACT to Coyote
DATES: This final action is effective D. Comments on Visibility Benefits
March 20, 2015. E. Comments on Legal Issues
ENVIRONMENTAL PROTECTION
ADDRESSES: EPA has established a 1. BACT versus BART Determinations
AGENCY 2. Consideration of the Presumptive NOX
docket for this action under Docket ID
BART Emissions Limit
40 CFR Part 52 No. EPA–R08–OAR–2010–0406. All 3. Collateral Estoppel
documents in the docket are listed in 4. EPA versus State Authority
[EPA–R08–OAR–2010–0406; FRL–9922–80–
OAR] the http://www.regulations.gov index. 5. Scope of Reconsideration Action
Although listed in the index, some F. Comments Generally in Favor of Our
Approval and Promulgation of information is not publicly available, Proposal
Implementation Plans; North Dakota; e.g., Confidential Business Information G. Comments Generally Against Our
Regional Haze State Implementation (CBI) or other information whose Proposal
disclosure is restricted by statute. IV. Statutory and Executive Order Reviews
Plan; Federal Implementation Plan for
Interstate Transport of Pollution Certain other material, such as Definitions
Affecting Visibility and Regional Haze; copyrighted material, is not placed on
the Internet and will be publicly For the purpose of this document, we
Reconsideration are giving meaning to certain words or
available only in hard-copy form.
AGENCY: Environmental Protection Publicly available docket materials are initials as follows:
Agency. • The word Act or initials CAA mean
available either electronically through
ACTION: Notice of final action on or refer to the Clean Air Act, unless the
http://www.regulations.gov or in hard
reconsideration. context indicates otherwise.
copy at the Air Program, Environmental • The initials ASOFA mean or refer to
Protection Agency (EPA), Region 8, advanced separated overfire air.
SUMMARY: On April 6, 2012,
1595 Wynkoop St., Denver, Colorado • The initials BACT mean or refer to
Environmental Protection Agency (EPA)
80202–1129. EPA requests that if at all best available control technology.
published a final rule partially
possible, you contact the individual • The initials BART mean or refer to
approving and partially disapproving a
listed in the FOR FURTHER INFORMATION best available retrofit technology.
North Dakota State Implementation Plan
(SIP) submittal addressing regional haze
CONTACT section to view the hard copy • The initials EPA or the words we,
of the docket. You may view the hard us or our mean or refer to the United
submitted by the Governor of North
copy of the docket Monday through States Environmental Protection
Dakota on March 3, 2010, along with
Friday, 8:00 a.m. to 4:00 p.m., excluding Agency.
North Dakota’s SIP Supplement No. 1
submitted on July 27, 2010, and SIP
federal holidays. • The initials FIP mean or refer to
Amendment No. 1 submitted on July 28, FOR FURTHER INFORMATION CONTACT: Gail Federal Implementation Plan.
2011. The Administrator subsequently Fallon, Air Program, U.S. • The initials LOS mean or refer to
received a petition requesting EPA to Environmental Protection Agency, Leland Olds Station.
Region 8, Mailcode 8P–AR, 1595 • The initials MRYS mean or refer to
reconsider its approval of certain
Wynkoop Street, Denver, Colorado, Milton R. Young Station.
elements of North Dakota’s regional • The initials NDDH mean or refer to
haze SIP. Specifically, the petition 80202–1129, (303) 312–6281,
Fallon.Gail@epa.gov. the North Dakota Department of Health.
raised several objections to EPA’s • The words North Dakota and State
approval of the State’s best available SUPPLEMENTARY INFORMATION: mean the State of North Dakota unless
retrofit technology (BART) emission the context indicates otherwise.
limits for nitrogen oxides (NOX) for Table of Contents
• The initials NOX mean or refer to
Milton R. Young Station (MRYS) Units I. Background nitrogen oxides.
1 and 2 and Leland Olds Station (LOS) II. Today’s Action • The initials NPS mean or refer to
Unit 2. On March 15, 2013, EPA A. Issue for Which Reconsideration Was the National Park Service.
announced its decision to reconsider its Granted • The initials NSR mean or refer to
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approval of the State’s NOX BART limits B. Basis for Today’s Final Action
III. Issues Raised by Commenters and EPA’s
new source review.
for these facilities. In the same action,
Responses • The initials PRB mean or refer to
EPA proposed to affirm its prior A. Comments on Technical Feasibility of the Powder River Basin.
approval of these elements of North SCR • The initials PSD mean or refer to
Dakota’s SIP. As a result of this B. Comments on Emission Limits for SNCR prevention of signification deterioration.
reconsideration process, EPA has C. Comments on Application of MRYS • The initials SCR mean or refer to
concluded that no changes are BACT Court Ruling to Other Units selective catalytic reduction.
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Document Created: 2018-02-16 11:10:55
Document Modified: 2018-02-16 11:10:55
| 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; notice of administrative change. | |
| Dates | This rule is effective on February 18, 2015. | |
| Contact | Kevin Gong, Rules Office (AIR-4), U.S. Environmental Protection Agency, Region IX, (415) 972-3073, [email protected] | |
| FR Citation | 80 FR 8547 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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