81 FR 50628 - Air Plan Approval; Florida; Regional Haze Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 148 (August 2, 2016)
Federal Register Volume 81, Issue 148 (August 2, 2016)
| Page Range | 50628-50630 | |
| FR Document | 2016-18155 |
[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)] [Rules and Regulations] [Pages 50628-50630] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18155] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0361; FRL-9950-01-Region 4] Air Plan Approval; Florida; Regional Haze Progress Report AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Florida through the Florida Department of Environmental Protection (FDEP) on March 10, 2015. Florida's March 10, 2015, SIP revision (Progress Report) addresses requirements of the Clean Air Act (CAA or Act) and EPA's rules that require states to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of a state's existing SIP addressing regional haze (regional haze plan). EPA is approving Florida's Progress Report on the basis that it addresses the progress report and adequacy determination requirements for the first implementation period for regional haze. DATES: This rule will be effective September 1, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0361. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person 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 Federal holidays. FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached by phone at (404) 562-9043 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Under the Regional Haze Rule,\1\ each state is required to submit a progress [[Page 50629]] report in the form of a SIP revision every five years that evaluates progress towards the RPGs for each mandatory Class I Federal area (also referred to as Class I area in this rulemaking) within the state and for each mandatory Class I Federal area outside the state which may be affected by emissions from within the state. See 40 CFR 51.308(g). Each state is also required to submit, at the same time as the progress report, a determination of the adequacy of the state's existing regional haze plan. See 40 CFR 51.308(h). The first progress report is due five years after submittal of the initial regional haze plan. On March 19, 2010, FDEP submitted the State's first regional haze plan in accordance with 40 CFR 51.308(b).\2\ --------------------------------------------------------------------------- \1\ Located in 40 CFR part 51, subpart P. \2\ On August 29, 2013, EPA fully approved Florida's regional haze plan (as amended on August 31, 2010, and September 17, 2012). See 78 FR 53250. --------------------------------------------------------------------------- On March 10, 2015, FDEP submitted its regional haze progress report, reporting progress made in the first implementation period towards the RPGs for Class I Federal areas in the State and for Class I Federal areas outside the State that are affected by emissions from sources within Florida. This submittal also includes a negative declaration pursuant to 40 CFR 51.308(h)(1) that the State's regional haze plan requires no substantive revision to achieve the established regional haze visibility improvement goals for 2018. In a notice of proposed rulemaking (NPRM) published on May 24, 2016 (81 FR 32702), EPA proposed to approve Florida's Progress Report on the basis that it satisfies the requirements of 40 CFR 51.308(g) and (h). No comments were received on the May 24, 2016, proposed rulemaking. The details of Florida's submittal and the rationale for EPA's actions are further explained in the NPRM. See 81 FR 32702 (May 24, 2016). II. Final Action EPA is approving Florida's Regional Haze Progress Report SIP revision, submitted by the State on March 10, 2015, as meeting the applicable regional haze requirements set forth in 40 CFR 51.308(g) and (h). III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 3, 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, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Dated: July 20, 2016. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 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 K--Florida 0 2. Section 52.520(e), is amended by adding the entry ``March 2015 Regional Haze Progress Report'' at the end of the table to read as follows: Sec. 52.520 Identification of plan. * * * * * (e) * * * [[Page 50630]] EPA-Approved Florida Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State effective EPA approval Federal Register Provision date date notice Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * March 2015 Regional Haze 3/10/2015.......... 8/2/2016 [Insert citation of .................... Progress Report. publication]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-18155 Filed 8-1-16; 8:45 am] BILLING CODE 6560-50-P
![50628 Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations
PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. Interest’’ and entries ‘‘R307–104–01’’,
PROMULGATION OF ‘‘R307–104–02’’, and ‘‘R307–104–03’’ to
Subpart TT—Utah read as follow:
IMPLEMENTATION PLANS
■ 2. Amend § 52.2320, paragraph (c) § 52.2320 Identification of plan.
■ 1. The authority citation for part 52
table, by adding in numerical order, * * * * *
continues to read as follows:
center heading ‘‘R307–104. Conflict of (c) * * *
State Final rule
Rule No. Rule title effective citation, Comments
date date
* * * * * * *
R307–104. Conflict of Interest
R307–104–01 ........................... Authority .................................. 6/01/2016 ................................ [Insert Federal Register cita-
tion], 8/02/2016.
R307–104–02 ........................... Purpose ................................... 6/01/2016 ................................ [Insert Federal Register cita-
tion], 8/02/2016.
R307–104–03 ........................... Disclosure of conflict of inter- 6/01/2016 ................................ [Insert Federal Register cita-
est. tion], 8/02/2016.
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION some information may not be publicly
AGENCY available, i.e., Confidential Business
■ 3. Amend § 52.2355 by adding
Information or other information whose
paragraph (c) to read as follows: 40 CFR Part 52 disclosure is restricted by statute.
§ 52.2355 Section 110(a)(2) infrastructure [EPA–R04–OAR–2015–0361; FRL–9950–01– Certain other material, such as
requirements. Region 4] copyrighted material, is not placed on
the Internet and will be publicly
* * * * *
Air Plan Approval; Florida; Regional available only in hard copy form.
(c) Gary R. Herbert, Governor, State of Haze Progress Report Publicly available docket materials are
Utah, provided submissions to meet the available either electronically through
infrastructure requirements for the State AGENCY: Environmental Protection
www.regulations.gov or in hard copy at
of Utah for the 1997 PM2.5 NAAQS on Agency (EPA).
the Air Regulatory Management Section,
December 3, 2007; 2006 PM2.5 NAAQS ACTION: Final rule.
Air Planning and Implementation
on September 21, 2010; 2008 Pb SUMMARY: The Environmental Protection Branch, Air, Pesticides and Toxics
NAAQS on January 19, 2012; 2008 Agency (EPA) is approving a State Management Division, U.S.
ozone NAAQS on January 31, 2013; Implementation Plan (SIP) revision Environmental Protection Agency,
2010 NO2 NAAQS on January 31, 2013; submitted by the State of Florida Region 4, 61 Forsyth Street SW.,
2010 SO2 NAAQS on June 2, 2013; and through the Florida Department of Atlanta, Georgia 30303–8960. EPA
2012 PM2.5 on December 4, 2015. The Environmental Protection (FDEP) on requests that if at all possible, you
State’s Infrastructure SIP is approved March 10, 2015. Florida’s March 10, contact the person listed in the FOR
with respect to the 1997 and 2006 PM2.5 2015, SIP revision (Progress Report) FURTHER INFORMATION CONTACT section to
NAAQS with respect to CAA Section addresses requirements of the Clean Air schedule your inspection. The Regional
110(a)(1) and element (D)(ii) of Section Act (CAA or Act) and EPA’s rules that Office’s official hours of business are
110(a)(2). The State’s Infrastructure SIP require states to submit periodic reports Monday through Friday 8:30 a.m. to
is approved with respect to the 2008 describing progress towards reasonable 4:30 p.m., excluding Federal holidays.
ozone NAAQS with respect to CAA progress goals (RPGs) established for FOR FURTHER INFORMATION CONTACT:
Section 110(a)(1) and the following regional haze and a determination of the Sean Lakeman, Air Regulatory
adequacy of a state’s existing SIP Management Section, Air Planning and
elements of Section 110(a)(2): (A), (B),
addressing regional haze (regional haze Implementation Branch, Air, Pesticides
(C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G),
plan). EPA is approving Florida’s and Toxics Management Division, U.S.
(H), (J), (K), (L), and (M). The State’s Progress Report on the basis that it Environmental Protection Agency,
Infrastructure SIP is approved with addresses the progress report and Region 4, 61 Forsyth Street SW.,
respect to the 2008 Pb, 2010 SO2, 2010 adequacy determination requirements Atlanta, Georgia 30303–8960. Mr.
NO2, and 2012 PM2.5 NAAQS with for the first implementation period for Lakeman can be reached by phone at
respect to CAA Section 110(a)(1) and regional haze. (404) 562–9043 and via electronic mail
the following elements of Section DATES: This rule will be effective at lakeman.sean@epa.gov.
110(a)(2): (A), (C), (D)(i)(II) prong 3, September 1, 2016. SUPPLEMENTARY INFORMATION:
Lhorne on DSK30JT082PROD with RULES
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and ADDRESSES: EPA has established a
(M). docket for this action under Docket I. Background
[FR Doc. 2016–18154 Filed 8–1–16; 8:45 am] Identification No. EPA–R04–OAR– Under the Regional Haze Rule,1 each
BILLING CODE 6560–50–P 2015–0361. All documents in the docket state is required to submit a progress
are listed on the www.regulations.gov
Web site. Although listed in the index, 1 Located in 40 CFR part 51, subpart P.
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![50630 Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State EPA approval
Provision effective Federal Register notice Explanation
date
date
* * * * * * *
March 2015 Regional Haze Progress Report .. 3/10/2015 ... 8/2/2016 [Insert citation of publication] ...........................
[FR Doc. 2016–18155 Filed 8–1–16; 8:45 am] calculations for the first-round 2016 NUSA allocations under the CSAPR
BILLING CODE 6560–50–P NUSA allowance allocations. EPA also NOX annual, NOX ozone season, and
described the process for submitting any SO2 (Group 1 and Group 2) trading
objections to the preliminary programs, respectively.
ENVIRONMENTAL PROTECTION calculations. Pursuant to CSAPR’s allowance
AGENCY In response to the May 27 NODA, recordation timing requirements, the
EPA received one written objection allocated NUSA allowances will be
40 CFR Part 97 addressing CSAPR NOX annual and recorded in sources’ AMS accounts by
[FRL–9949–93–OAR] NOX ozone season allowance August 1, 2016. EPA notes that an
recordations for 2016 to Missouri’s allocation or lack of allocation of
Allocations of Cross-State Air existing CSAPR units, and the number allowances to a given unit does not
Pollution Rule Allowances From New of allowances shown as available for constitute a determination that CSAPR
Unit Set-Asides for the 2016 allocation to Missouri’s new units in does or does not apply to the unit. EPA
Compliance Year 2016 in the May 27 NODA under those also notes that NUSA allocations are
programs. Due to an allowance subject to potential correction if a unit
AGENCY: Environmental Protection recordation error, two facilities in to which NUSA allowances have been
Agency (EPA). Missouri with existing units did not allocated for a given compliance year is
ACTION: Final rule; notice of data receive the CSAPR NOX annual and not actually an affected unit as of
availability (NODA). ozone season existing unit allowance January 1 (or May 1 in the case of the
SUMMARY: The Environmental Protection allocations specified in Missouri’s NOX ozone season program) of the
Agency (EPA) is providing notice of approved 2016 CSAPR State compliance year.1
emission allowance allocations to Implementation Plan (SIP). This error in (Authority: 40 CFR 97.411(b), 97.511(b),
certain units under the new unit set- turn impacted the number of NUSA 97.611(b), and 97.711(b).)
aside (NUSA) provisions of the Cross- allowances shown in the May 27 NODA
as available for allocation to Missouri’s Dated: July 18, 2016.
State Air Pollution Rule (CSAPR)
new units for 2016 under those Reid P. Harvey,
federal implementation plans (FIPs) and
is responding to objections to programs. EPA corrected the recordation Director, Clean Air Markets Division, Office
error to the existing units by recording of Atmospheric Programs, Office of Air and
preliminary calculations. EPA has Radiation.
completed final calculations for the first a total of four additional CSAPR NOX
round of NUSA allowance allocations Annual allowances and two additional [FR Doc. 2016–18152 Filed 8–1–16; 8:45 am]
for the 2016 compliance year and has CSAPR NOX Ozone Season allowances BILLING CODE 6560–50–P
posted spreadsheets containing the to two facilities in Missouri, consistent
calculations on EPA’s Web site. The with the allocations for those facilities
specified by Missouri in their 2016 ENVIRONMENTAL PROTECTION
final allocations are unchanged from the AGENCY
preliminary calculations. EPA will CSAPR SIP. EPA in turn adjusted
record the allocated allowances in downward the number of allowances
available for allocation in Missouri’s 40 CFR Part 180
sources’ Allowance Management
System (AMS) accounts by August 1, 2016 CSAPR NOX Annual and CSAPR EPA–HQ–OPP–2012–0843; FRL–9947–78]
2016. NOX Ozone Season NUSA’s by four and
two allowances, respectively. Since the Cloquintocet-mexyl; Pesticide
DATES: August 2, 2016. downward correction to the number of Tolerances
FOR FURTHER INFORMATION CONTACT: allowances available in Missouri’s 2016
Questions concerning this action should AGENCY: Environmental Protection
NUSAs was relatively small, the number Agency (EPA).
be addressed to Robert Miller at (202) of allowances allocated to new units in
343–9077 or miller.robertl@epa.gov or to ACTION: Final rule.
Missouri in the first round was not
Kenon Smith at (202) 343–9164 or affected. SUMMARY: This regulation establishes
smith.kenon@epa.gov. The final unit-by-unit data and tolerances for residues of cloquintocet-
SUPPLEMENTARY INFORMATION: Under the allowance allocation calculations are set mexyl and its acid metabolite in or on
CSAPR FIPs, a portion of each state forth in Excel spreadsheets titled multiple commodities which are
budget for each of the four CSAPR ‘‘CSAPR_NUSA_2016_NOx_Annual_ identified and discussed later in this
emissions trading programs is reserved 1st_Round_Final_Data’’, ‘‘CSAPR_ document when cloquintocet-mexyl is
as a NUSA from which allowances are NUSA_2016_NOx_OS_1st_Round_ used as an inert ingredient (herbicide
Lhorne on DSK30JT082PROD with RULES
allocated to eligible units through an Final_Data’’, and ‘‘CSAPR_NUSA_2016_ safener) in pesticide formulations
annual one- or two-round process. In a SO2_1st_Round_Final_Data’’, available containing the new active ingredient
NODA published in the Federal on EPA’s Web site at http://www.epa. halauxifen-methyl (XDE-729 methyl).
Register on May 27, 2016 (81 FR 33636), gov/crossstaterule/actions.html. The
EPA described the allocation process three spreadsheets show EPA’s final 1 See 40 CFR 97.411(c), 97.511(c), 97.611(c), and
and provided notice of preliminary determinations of first-round 2016 97.711(c).
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Document Created: 2016-08-02 01:47:40
Document Modified: 2016-08-02 01:47:40
| 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 will be effective September 1, 2016. | |
| Contact | Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached by phone at (404) 562-9043 and via electronic mail at [email protected] | |
| FR Citation | 81 FR 50628 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds |
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