81 FR 69446 - Risk-Informed Changes to Loss-of-Coolant Accident Technical Requirements
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 194 (October 6, 2016)
Federal Register Volume 81, Issue 194 (October 6, 2016)
| Page Range | 69446-69448 | |
| FR Document | 2016-24189 |
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)] [Proposed Rules] [Pages 69446-69448] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24189] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules [[Page 69446]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 [NRC-2004-0006, NRC-2002-0018] RIN 3150-AH29 Risk-Informed Changes to Loss-of-Coolant Accident Technical Requirements AGENCY: Nuclear Regulatory Commission. ACTION: Rulemaking activity; discontinuation. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing a rulemaking activity titled, ``Risk-Informed Changes to Loss-Of- Coolant Accident Technical Requirements.'' The purpose of this action is to inform members of the public of the discontinuation of this rulemaking and to provide a brief discussion of the NRC's decision to discontinue it. This rulemaking activity will no longer be reported in the NRC's portion of the Unified Agenda of Regulatory and Deregulatory Actions (the Unified Agenda). DATES: Effective October 6, 2016, the rulemaking activity discussed in this document is discontinued. ADDRESSES: Please refer to Docket ID NRC-2004-0006 for the rulemaking and Docket ID NRC-2002-0018 for the petition for rulemaking (PRM), PRM- 50-75, when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2004-0006 for the rulemaking and Docket ID NRC-2002-0018 for PRM-50-75. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Robert Beall, Office of Nuclear Reactor Regulations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3874; email: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Process for Discontinuing Rulemaking Activities III. Discussion IV. Petition for Rulemaking (PRM-50-75) V. Conclusion I. Background In SECY-16-0009, ``Recommendations Resulting from the Integrated Prioritization and Re-Baselining of Agency Activities,'' dated January 31, 2016 (ADAMS Accession No. ML16028A189), the NRC staff requested Commission approval to implement recommendations on work to be shed, de-prioritized, or performed with fewer resources. One of the items listed to be shed (i.e., discontinued) was a rulemaking titled, ``Risk- Informed Changes to Loss-Of-Coolant Accident Technical Requirements,'' that would have amended Sec. 50.46 of title 10 of the Code of Federal Regulations (10 CFR), ``Acceptance criteria for emergency core cooling systems (ECCS) for light-water nuclear power reactors'' (50.46a ECCS rulemaking). In the Staff Requirements Memorandum (SRM) for SECY-16- 0009, dated April 13, 2016 (ADAMS Accession No. ML16104A158), the Commission approved discontinuing the 50.46a ECCS rulemaking, and directed the NRC staff to publish a Federal Register notice to inform the public that the rule is being discontinued. A discussion of the NRC's decision to discontinue the rulemaking on ``Risk-Informed Changes to Loss-Of-Coolant Accident Technical Requirements'' is provided in Section III of this document. II. Process for Discontinuing Rulemaking Activities When the NRC staff identifies a rulemaking activity that can be discontinued, it will request, through a Commission paper, approval from the Commission to discontinue the rule. The Commission provides its decision by issuing an SRM. If the Commission approves discontinuing the rulemaking activity, the NRC staff will inform the public of the Commission's decision. A rulemaking activity may be discontinued at any stage of the rulemaking process. For a rulemaking activity that has received public comments, the NRC staff will consider those comments before discontinuing it; however, the NRC staff will not provide individual comment responses. After Commission approval to discontinue the rulemaking activity, the NRC staff will update the next edition of the Unified Agenda to indicate that the rulemaking is discontinued. The rulemaking activity will appear in the completed section of that edition of the Unified Agenda, but will not appear in subsequent editions. III. Discussion In the SRM for SECY-02-0057,\1\ ``Update to SECY-01-0133, `Fourth Status Report on Study of Risk-Informed Changes to the Technical Requirements of 10 CFR part 50 (Option 3) and Recommendations on Risk- Informed Changes to 10 CFR 50.46 (ECCS Acceptance Criteria),' '' dated March 31, 2003 (ADAMS Accession No. [[Page 69447]] ML030910476), the Commission directed the NRC staff to prepare a proposed rule that would provide a risk-informed alternative maximum loss-of-coolant accident (LOCA) break size. On June 9, 2003, and July 24, 2003, the NRC staff held two public meetings \2\ to obtain stakeholder feedback on this proposed rule. As a result of these interactions, the NRC staff found differences between the stated Commission objectives and industry stakeholder interests. --------------------------------------------------------------------------- \1\ SECY-02-0057, ``Update to SECY-01-0133, `Fourth Status Report on Study of Risk-Informed Changes to the Technical Requirements of 10 CFR part 50 (Option 3) and Recommendations on Risk-Informed Changes to 10 CFR 50.46 (ECCS Acceptance Criteria),' '' dated March 29, 2002 (ADAMS Accession No. ML020660607). \2\ Meeting Summaries: June 9, 2003 (ADAMS Accession No. ML031810178), and July 24, 2003 (ADAMS Accession No. ML032130059). --------------------------------------------------------------------------- To reach a common understanding of the objectives of the rulemaking, the NRC staff requested additional Commission direction in SECY-04-0037, ``Issues Related to Proposed Rulemaking to Risk-Inform Requirements Related to Large Break Loss-of-Coolant Accident (LOCA) Break Size and Plans for Rulemaking on LOCA with Coincident Loss-of- Offsite Power,'' dated March 3, 2004 (ADAMS Accession No. ML040490133). The Commission directed the NRC staff in the SRM for SECY-04-0037, dated July 1, 2004 (ADAMS Accession No. ML041830412), to determine an appropriate risk-informed alternative break size and remove breaks larger than this size from the design-basis event category. In SECY-05-0052, ``Proposed Rulemaking for `Risk-Informed Changes to Loss-of-Coolant Accident Technical Requirements,' '' dated March 29, 2005 (ADAMS Accession No. ML050480172), the NRC staff provided a proposed rule to the Commission for approval. In the SRM for SECY-05- 0052, dated July 29, 2005 (ADAMS Accession No. ML052100416), the Commission approved publication of the proposed rule. On November 7, 2005, the NRC published the proposed rule in the Federal Register (70 FR 67597). After evaluating the public comments, the NRC staff completed the draft final rule language. On October 31 and November 1, 2006, the NRC staff met with the Advisory Committee on Reactor Safeguards (ACRS) to discuss the draft final rule. In a letter dated November 16, 2006 (ADAMS Accession No. ML063190465), the ACRS recommended that the NRC staff not issue the rule in its current form and suggested numerous changes, primarily to strengthen the assurance of defense-in-depth provided for large pipe breaks. The NRC staff evaluated the ACRS recommendations and, in SECY-07- 0082, ``Rulemaking to Make Risk-Informed Changes to Loss-of-Coolant Accident Technical Requirements; 10 CFR 50.46a, `Alternative Acceptance Criteria for Emergency Core Cooling Systems for Light Water Nuclear Power Reactors,' '' dated May 16, 2007 (ADAMS Accession No. ML070180692), sought additional Commission direction on both the priority of the rule and the issues raised by the ACRS. In the SRM for SECY-07-0082, dated August 10, 2007 (ADAMS Accession No. ML072220595), the Commission approved the NRC staff's recommendations for a revised rule priority and an approach for addressing ACRS concerns and completing the final rule. The NRC staff modified the rule by making numerous substantive changes in the draft final rule. The NRC published a supplemental proposed rule for public comment on August 10, 2009 (74 FR 40006). The NRC staff evaluated the public comments received on the supplemental proposed rule and prepared a revised draft final rule. The draft final rule language was made publicly available on May 12, 2010, in the rulemaking docket on www.regulations.gov (NRC-2004-0006). The NRC staff prepared the final draft rule and discussed it in meetings with the ACRS subcommittee and full committee on September 22 and October 7, 2010. The ACRS provided its views on the rule to the Commission in a letter dated October 20, 2010 (ADAMS Accession No. ML102850279). In SECY-10-0161, ``Final Rule: Risk-Informed Changes to Loss-of- Coolant Accident Technical Requirements (10 CFR 50.46(a)) (RIN 3150- AH29),'' dated December 10, 2010 (ADAMS Accession No. ML102210460), the NRC staff submitted a final rulemaking package to the Commission for approval. The Commission's review of the final rule was suspended to address higher-priority issues associated with the March 2011 Fukushima Dai-ichi accident. On April 20, 2012, the NRC staff requested to withdraw the 50.46a ECCS final rule from Commission consideration so that the NRC staff could review the rule and ensure its compatibility with the ongoing regulatory framework activities under Recommendation 1 of the Fukushima Near-Term Task Force report (ADAMS Accession No. ML111861807). The Commission approved the NRC staff's request in the SRM for SECY-10-0161, dated April 26, 2012 (ADAMS Accession No. ML12117A121). In SECY-16-0009, the NRC staff recommended that the 50.46a ECCS rulemaking be discontinued. Based on interactions with the nuclear industry, the NRC staff understood that there were concerns with the potential implementation burden of the rule. The NRC staff's Regulatory Analysis for the 50.46a ECCS final rule (ADAMS Accession No. ML103230250) discussed the comments submitted by the Boiling Water Reactor Owners Group which conveyed that it would be extremely difficult to evaluate the cost-benefit due to uncertainties about the true cost of adopting the 50.46a ECCS rule. Furthermore, at a public meeting on the Risk Management Regulatory Framework paper, certain industry representatives indicated that the industry would not be interested in implementing the final rule. As explained in SECY-16-0009, this rule would be voluntary if issued, so licensees could choose to not implement the requirements. Therefore, the NRC staff believes that there is minimal adverse impact on the NRC's mission, principles, or values by discontinuing this rulemaking. In the SRM for SECY-16-0009, the Commission approved the NRC staff's recommendation to discontinue this rulemaking. In summary, the NRC has decided not to proceed with this rulemaking activity because there is minimal adverse impact on our mission, principles, or values and the industry has indicated that there may not be much interest in implementing the final rule. IV. Petition for Rulemaking (PRM-50-75) On February 6, 2002, Anthony R. Pietrangelo, on behalf of the Nuclear Energy Institute (NEI), filed PRM-50-75 requesting that the NRC amend 10 CFR 50.46 to allow licensees to use an alternative to the double-ended guillotine break of the largest pipe in the reactor coolant system (ADAMS Accession No. ML020630082). On April 8, 2002 (67 FR 16654), the NRC published a notice of receipt and request for public comment for PRM-50-75. The comment period closed on June 24, 2002, and the NRC received 18 comment letters (ADAMS Accession No. ML082460625). The NRC staff determined that the issues raised in PRM-50-75 were appropriate for consideration and, in fact, the issues were already being considered in the 50.46a ECCS rulemaking. On November 6, 2008, the NRC published a Federal Register document (73 FR 66000) stating that the NRC would address the substantive comments filed in PRM-50-75 as part of the 50.46a ECCS rulemaking. In SECY-16-0009, the staff recommended discontinuing the 50.46a [[Page 69448]] ECCS rulemaking and stated that PRM-50-75 would be addressed by alternative means. The NRC will issue a separate Federal Register document to disposition PRM-50-75. V. Conclusion The NRC is no longer pursuing the ``Risk-Informed Changes to Loss- Of-Coolant Accident Technical Requirements'' rulemaking for the reasons discussed in this document. In the next edition of the Unified Agenda, the NRC will update the entry for this rulemaking and reference this document to indicate that the 50.46a ECCS rulemaking is no longer being pursued. This rulemaking activity will appear in the completed section of that edition of the Unified Agenda, but will not appear in subsequent editions. If the NRC decides to pursue a similar or related rulemaking in the future, it will inform the public through a new rulemaking entry in the Unified Agenda. Dated at Rockville, Maryland, this 13th day of September 2016. For the Nuclear Regulatory Commission. Victor M. McCree, Executive Director for Operations. [FR Doc. 2016-24189 Filed 10-5-16; 8:45 am] BILLING CODE 7590-01-P
![69446
Proposed Rules Federal Register
Vol. 81, No. 194
Thursday, October 6, 2016
This section of the FEDERAL REGISTER in the FOR FURTHER INFORMATION Memorandum (SRM) for SECY–16–
contains notices to the public of the proposed CONTACT section of this document. 0009, dated April 13, 2016 (ADAMS
issuance of rules and regulations. The • NRC’s Agencywide Documents Accession No. ML16104A158), the
purpose of these notices is to give interested Access and Management System Commission approved discontinuing
persons an opportunity to participate in the (ADAMS): You may obtain publicly- the 50.46a ECCS rulemaking, and
rule making prior to the adoption of the final available documents online in the directed the NRC staff to publish a
rules.
ADAMS Public Documents collection at Federal Register notice to inform the
http://www.nrc.gov/reading-rm/ public that the rule is being
NUCLEAR REGULATORY adams.html. To begin the search, select discontinued.
COMMISSION ‘‘ADAMS Public Documents’’ and then A discussion of the NRC’s decision to
select ‘‘Begin Web-based ADAMS discontinue the rulemaking on ‘‘Risk-
10 CFR Part 50 Search.’’ For problems with ADAMS, Informed Changes to Loss-Of-Coolant
please contact the NRC’s Public Accident Technical Requirements’’ is
[NRC–2004–0006, NRC–2002–0018] Document Room (PDR) reference staff at provided in Section III of this
RIN 3150–AH29 1–800–397–4209, 301–415–4737, or by document.
email to pdr.resource@nrc.gov. The
II. Process for Discontinuing
Risk-Informed Changes to Loss-of- ADAMS accession number for each
Rulemaking Activities
Coolant Accident Technical document referenced in this document
Requirements (if that document is available in When the NRC staff identifies a
ADAMS) is provided the first time that rulemaking activity that can be
AGENCY: Nuclear Regulatory a document is referenced. discontinued, it will request, through a
Commission. • NRC’s PDR: You may examine and Commission paper, approval from the
ACTION: Rulemaking activity; purchase copies of public documents at Commission to discontinue the rule.
discontinuation. the NRC’s PDR, Room O1–F21, One The Commission provides its decision
White Flint North, 11555 Rockville by issuing an SRM. If the Commission
SUMMARY: The U.S. Nuclear Regulatory Pike, Rockville, Maryland 20852. approves discontinuing the rulemaking
Commission (NRC) is discontinuing a FOR FURTHER INFORMATION CONTACT: activity, the NRC staff will inform the
rulemaking activity titled, ‘‘Risk- Robert Beall, Office of Nuclear Reactor public of the Commission’s decision.
Informed Changes to Loss-Of-Coolant Regulations, U.S. Nuclear Regulatory A rulemaking activity may be
Accident Technical Requirements.’’ The Commission, Washington, DC 20555– discontinued at any stage of the
purpose of this action is to inform 0001; telephone: 301–415–3874; email: rulemaking process. For a rulemaking
members of the public of the Robert.Beall@nrc.gov. activity that has received public
discontinuation of this rulemaking and comments, the NRC staff will consider
SUPPLEMENTARY INFORMATION:
to provide a brief discussion of the those comments before discontinuing it;
NRC’s decision to discontinue it. This Table of Contents however, the NRC staff will not provide
rulemaking activity will no longer be I. Background individual comment responses.
reported in the NRC’s portion of the II. Process for Discontinuing Rulemaking After Commission approval to
Unified Agenda of Regulatory and Activities discontinue the rulemaking activity, the
Deregulatory Actions (the Unified III. Discussion NRC staff will update the next edition
Agenda). IV. Petition for Rulemaking (PRM–50–75) of the Unified Agenda to indicate that
V. Conclusion the rulemaking is discontinued. The
DATES: Effective October 6, 2016, the
rulemaking activity discussed in this I. Background rulemaking activity will appear in the
document is discontinued. completed section of that edition of the
In SECY–16–0009, Unified Agenda, but will not appear in
ADDRESSES: Please refer to Docket ID ‘‘Recommendations Resulting from the subsequent editions.
NRC–2004–0006 for the rulemaking and Integrated Prioritization and Re-
Docket ID NRC–2002–0018 for the Baselining of Agency Activities,’’ dated III. Discussion
petition for rulemaking (PRM), PRM– January 31, 2016 (ADAMS Accession In the SRM for SECY–02–0057,1
50–75, when contacting the NRC about No. ML16028A189), the NRC staff ‘‘Update to SECY–01–0133, ‘Fourth
the availability of information regarding requested Commission approval to Status Report on Study of Risk-Informed
this document. You may obtain implement recommendations on work Changes to the Technical Requirements
publicly-available information related to to be shed, de-prioritized, or performed of 10 CFR part 50 (Option 3) and
this document using any of the with fewer resources. One of the items Recommendations on Risk-Informed
following methods: listed to be shed (i.e., discontinued) was Changes to 10 CFR 50.46 (ECCS
• Federal Rulemaking Web site: Go to a rulemaking titled, ‘‘Risk-Informed
sradovich on DSK3GMQ082PROD with PROPOSALS
Acceptance Criteria),’ ’’ dated March 31,
http://www.regulations.gov and search Changes to Loss-Of-Coolant Accident 2003 (ADAMS Accession No.
for Docket ID NRC–2004–0006 for the Technical Requirements,’’ that would
rulemaking and Docket ID NRC–2002– have amended § 50.46 of title 10 of the 1 SECY–02–0057, ‘‘Update to SECY–01–0133,
0018 for PRM–50–75. Address questions Code of Federal Regulations (10 CFR), ‘Fourth Status Report on Study of Risk-Informed
about NRC dockets to Carol Gallagher; ‘‘Acceptance criteria for emergency core Changes to the Technical Requirements of 10 CFR
part 50 (Option 3) and Recommendations on Risk-
telephone: 301–415–3463; email: cooling systems (ECCS) for light-water Informed Changes to 10 CFR 50.46 (ECCS
Carol.Gallagher@nrc.gov. For technical nuclear power reactors’’ (50.46a ECCS Acceptance Criteria),’ ’’ dated March 29, 2002
questions, contact the individual listed rulemaking). In the Staff Requirements (ADAMS Accession No. ML020660607).
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![69448 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules
ECCS rulemaking and stated that PRM– direct PM2.5 or a PM2.5 plan precursor I. Background
50–75 would be addressed by pollutant.
A. PM2.5 NAAQS
alternative means. The NRC will issue a
separate Federal Register document to Any comments must arrive by
DATES: Under section 109 of the Clean Air
disposition PRM–50–75. November 7, 2016. Act (CAA or ‘‘Act’’), the EPA has
established national ambient air quality
V. Conclusion ADDRESSES: Submit your comments,
standards (NAAQS or ‘‘standards’’) for
identified by Docket ID No. EPA–R09–
The NRC is no longer pursuing the certain pervasive air pollutants (referred
OAR–2016–0494 at http://
‘‘Risk-Informed Changes to Loss-Of- to as ‘‘criteria pollutants’’) and conducts
www.regulations.gov, or via email to
Coolant Accident Technical periodic reviews of the NAAQS to
Rory Mays at mays.rory@epa.gov. For
Requirements’’ rulemaking for the determine whether they should be
comments submitted at Regulations.gov,
reasons discussed in this document. In revised or whether new NAAQS should
follow the online instructions for
the next edition of the Unified Agenda, be established.
submitting comments. Once submitted, On July 1, 1987 (52 FR 24634), the
the NRC will update the entry for this comments cannot be edited or removed
rulemaking and reference this document EPA replaced the original standard for
from Regulations.gov. For either manner particulate matter, measured as total
to indicate that the 50.46a ECCS of submission, the EPA may publish any
rulemaking is no longer being pursued. suspended particulate matter (TSP) (i.e.,
comment received to its public docket. particles roughly 30 micrometers or
This rulemaking activity will appear in Do not submit electronically any
the completed section of that edition of less), with new standards that replaced
information you consider to be TSP as the indicator for particulate
the Unified Agenda, but will not appear Confidential Business Information (CBI)
in subsequent editions. If the NRC matter with a new indicator that
or other information whose disclosure is includes only those particles with an
decides to pursue a similar or related restricted by statute. Multimedia
rulemaking in the future, it will inform aerodynamic diameter less than or equal
submissions (audio, video, etc.) must be to a nominal 10 micrometers (PM10).
the public through a new rulemaking accompanied by a written comment.
entry in the Unified Agenda. On July 18, 1997 (62 FR 38652), the
The written comment is considered the EPA revised the standards for
Dated at Rockville, Maryland, this 13th day official comment and should include particulate matter by establishing new
of September 2016. discussion of all points you wish to standards for particles with an
For the Nuclear Regulatory Commission. make. The EPA will generally not aerodynamic diameter less than or equal
Victor M. McCree, consider comments or comment to a nominal 2.5 micrometers (PM2.5).
Executive Director for Operations. contents located outside of the primary The EPA established primary and
[FR Doc. 2016–24189 Filed 10–5–16; 8:45 am] submission (i.e., on the Web, cloud, or secondary annual and 24-hour
BILLING CODE 7590–01–P
other file sharing system). For standards for PM2.5.1 The annual
additional submission methods, please primary and secondary standards were
contact the person identified in the FOR set at 15.0 micrograms per cubic meter
FURTHER INFORMATION CONTACT section. (mg/m3), based on a 3-year average of
ENVIRONMENTAL PROTECTION
For the full EPA public comment policy, annual mean PM2.5 concentrations, and
AGENCY
information about CBI or multimedia the 24-hour primary and secondary
40 CFR Part 52 submissions, and general guidance on standards were set at 65 mg/m3, based on
making effective comments, please visit the 3-year average of the 98th percentile
[EPA–R09–OAR–2016–0494; FRL–9953–65– http://www2.epa.gov/dockets/ of 24-hour PM2.5 concentrations at each
Region 9] commenting-epa-dockets. monitoring site within an area. See 40
Findings of Failure To Attain the 1997 FOR FURTHER INFORMATION CONTACT: Rory CFR 50.7. Collectively, we refer herein
PM2.5 Standards; California; San Mays, Air Planning Office (AIR–2), EPA to the 1997 24-hour and annual PM2.5
Joaquin Valley Region 9, (415) 972–3227, mays.rory@ NAAQS as the ‘‘1997 PM2.5 NAAQS’’ or
epa.gov. ‘‘1997 PM2.5 standards.’’ 2 The EPA
AGENCY: Environmental Protection
Agency (EPA). SUPPLEMENTARY INFORMATION: 1 For a given air pollutant, ‘‘primary’’ NAAQS are
those determined by the EPA as requisite to protect
ACTION: Proposed rule. Throughout this document, ‘‘we’’, ‘‘us’’ the public health, allowing an adequate margin of
and ‘‘our’’ refer to the EPA. safety, and ‘‘secondary’’ standards are those
SUMMARY: The Environmental Protection determined by the EPA as requisite to protect the
Agency (EPA) is proposing to determine Table of Contents public welfare from any known or anticipated
that the San Joaquin Valley I. Background adverse effects associated with the presence of such
nonattainment area failed to attain the air pollutant in the ambient air. See CAA section
A. PM2.5 NAAQS 109(b).
1997 annual and 24-hour fine B. San Joaquin Valley Designations, 2 On October 17, 2006 (71 FR 61144), the EPA
particulate matter (PM2.5) national Classifications, and Attainment Dates for revised the level of the 24-hour PM2.5 standards to
ambient air quality standards by the 1997 PM2.5 NAAQS 35 mg/m3, and on January 15, 2013 (78 FR 3086),
December 31, 2015 ‘‘Serious’’ area II. Proposed Determination and the EPA revised the primary annual PM2.5 standard
Consequences to a level of 12.0 mg/m3. We recently published a
attainment date. This proposed final rule revoking the 1997 primary annual PM2.5
determination is based upon monitored A. Applicable Statutory and Regulatory
NAAQS for areas designated (or redesignated)
air quality data from 2013 through 2015. Provisions attainment for that standard and revising the
sradovich on DSK3GMQ082PROD with PROPOSALS
If the EPA finalizes this determination B. Monitoring Network Considerations regulations governing implementation of the PM2.5
C. Data Considerations and Proposed standards. See 81 FR 58010 (August 24, 2016).
as proposed, the State of California will However, because the San Joaquin Valley remains
Determination
be required to submit a revision to the D. Consequences for Serious PM2.5 designated nonattainment for the 1997 annual
California State Implementation Plan Nonattainment Area Failing To Attain primary PM2.5 standard, the 1997 primary annual
that, among other elements, provides for PM2.5 standard will remain in effect in the San
Standards by Attainment Date Joaquin Valley under the EPA’s recent PM2.5
expeditious attainment of the 1997 III. Proposed Action and Request for Public implementation rule until such time as the area is
PM2.5 standards and for a five percent Comment redesignated to attainment for that standard. Thus,
annual reduction in the emissions of IV. Statutory and Executive Order Reviews even though the EPA has lowered the 24-hour and
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Document Created: 2016-10-06 02:38:31
Document Modified: 2016-10-06 02:38:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Rulemaking activity; discontinuation. | |
| Dates | Effective October 6, 2016, the rulemaking activity discussed in this document is discontinued. | |
| Contact | Robert Beall, Office of Nuclear Reactor Regulations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3874; email: [email protected] | |
| FR Citation | 81 FR 69446 | |
| RIN Number | 3150-AH29 |
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