81 FR 83158 - Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of the Ohio Portion of the Campbell-Clermont KY-OH Sulfur Dioxide Nonattainment Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 224 (November 21, 2016)
Federal Register Volume 81, Issue 224 (November 21, 2016)
| Page Range | 83158-83160 | |
| FR Document | 2016-27852 |
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)] [Rules and Regulations] [Pages 83158-83160] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27852] [[Page 83158]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA R05 OAR 2015-0599; FRL-9955-37-Region 5] Designation of Areas for Air Quality Planning Purposes; Ohio; Redesignation of the Ohio Portion of the Campbell-Clermont KY-OH Sulfur Dioxide Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is redesignating the Ohio portion of the Campbell-Clermont KY-OH sulfur dioxide (SO2 ) nonattainment area from nonattainment to attainment. The Ohio portion of this area consists of Pierce Township in Clermont County, Ohio. EPA is also approving Ohio's maintenance plan, submitted on August 11, 2015. The primary emission source in the area has permanently closed, and the air quality in the area is now meeting the SO2 standard. EPA received one comment in support of the redesignation. DATES: This final rule is effective on November 21, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2015-0599. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Mary Portanova, Environmental Engineer, at (312) 353-5954 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-5954, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. What comments were received on the proposal? III. How does this affect the finding of failure to submit? IV. What action is EPA taking? V. Statutory and Executive Order Reviews I. Background On July 20, 2016 (81 FR 47144), EPA proposed to redesignate the Ohio portion of the Campbell-Clermont KY-OH nonattainment area to attainment of the 2010 SO2 National Ambient Air Quality Standard (NAAQS), because Ohio demonstrated that the most culpable source had closed, because the local SO2 monitor was now registering attainment, and because various additional analyses showed that no other sources in or near the area were causing or contributing to violations in the area. The Ohio portion of the nonattainment area consists of Pierce Township in Clermont County. EPA also proposed to approve Ohio's maintenance plan for this area. II. What comments were received on the proposal? EPA received one comment on the proposal. Cheri A. Budzynski commented on August 19, 2016, on behalf of the Ohio Utility Group and its member companies (the Utilities). The comment states that the Utilities support the proposed action and believe that it should be finalized. This was the only comment EPA received on this notice of proposed rulemaking. III. How does this affect the finding of failure to submit? On March 18, 2016 (81 FR 14736), EPA published a finding that Ohio had failed to submit a nonattainment State Implementation Plan (SIP) for the Campbell-Clermont KY-OH SO2 nonattainment area by the required deadline of April 4, 2015. Because the main SO2 emission source in the nonattainment area had closed and the design value at the Campbell County, Kentucky, air quality monitor was in attainment of the SO2 standard after 2014, instead of a full nonattainment SIP for this area, Ohio decided to submit a redesignation request. Ohio presented this decision in its April 3, 2015, nonattainment SIP submittal, and submitted its redesignation request on August 11, 2015. EPA's March 18, 2016, finding of failure to submit would require the imposition of sanctions if the SIP requirements are not met within 18 months; that is, by October 18, 2017. Since EPA is finalizing the redesignation of the Ohio portion of the Campbell- Clermont KY-OH SO2 nonattainment area before October 18, 2017, EPA no longer requires Ohio to submit a nonattainment SIP for the area, and the sanctions described in the March 18, 2016, finding will not take effect. IV. What action is EPA taking? EPA is redesignating Pierce Township, Clermont County, Ohio, to attainment of the 2010 SO2 NAAQS. Pierce Township is the Ohio portion of the Campbell-Clermont KY-OH SO2 nonattainment area. Ohio has met the CAA requirements for redesignation. EPA is also approving Ohio's maintenance plan, submitted on August 11, 2015. In accordance with 5 U.S.C. 553(d), EPA finds there is good cause for this action to become effective immediately upon publication. This is because a delayed effective date is unnecessary due to the nature of a redesignation to attainment, which relieves the area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule grants or recognizes an exemption or relieves a restriction, and section 553(d)(3), which allows an effective date less than 30 days after publication as otherwise provided by the agency for good cause found and published with the rule. The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, this rule relieves Ohio of various requirements for the Ohio portion of the Campbell-Clermont area. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for this action to become effective on the date of publication of this action. V. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of the [[Page 83159]] maintenance plan under CAA section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those required by state law. A redesignation to attainment does not in and of itself impose any new requirements, but rather results in the application of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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). 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 20, 2017. 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 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: November 9, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. 40 CFR parts 52 and 81 are 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. 0 2. In Sec. 52.1870 the table in paragraph (e) is amended by adding an entry for ``SO 2 (2010)'' in alphabetical order under ``Summary of Criteria Pollutant Maintenance Plan'' to read as follows: Sec. 52.1870 Identification of plan. * * * * * (e) * * * EPA-Approved Ohio Nonregulatory And Quasi-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable geographical Title or non-attainment area State date EPA approval Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * ---------------------------------------------------------------------------------------------------------------- Summary of Criteria Pollutant Maintenance Plan ---------------------------------------------------------------------------------------------------------------- * * * * * * SO2 (2010)................... Campbell-Clermont 8/11/2015 11/21/2016, [insert (Pierce Township in Federal Register Clermont County). citation]. * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 83160]] 0 3. Section 52.1881 is amended by adding paragraph (a)(16) to read as follows: Sec. 52.1881 Control strategy: Sulfur oxides (sulfur dioxide). (a) * * * (16) Approval--The 2010 SO2 maintenance plan for the Ohio portion of the Campbell-Clermont KY-OH (Pierce Township, Clermont County), has been approved as submitted on August 11, 2015. * * * * * PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 4. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 0 5. Section 81.336 is amended by revising the entry for ``Campbell- Clermont Counties, KY-OH'' in the table entitled ``Ohio--2010 Sulfur Dioxide NAAQS [Primary]'' to read as follows: Sec. 81.336 Ohio. * * * * * Ohio--2010 Sulfur Dioxide NAAQS [Primary] ------------------------------------------------------------------------ Designation Designated area ---------------------------------------- Date Type ------------------------------------------------------------------------ Campbell-Clermont Counties, KY- 11/21/16 Attainment. OH \1\. Clermont County (part): Pierce Township * * * * * * ------------------------------------------------------------------------ \1\ Excludes Indian country located in each area, if any, unless otherwise specified. * * * * * [FR Doc. 2016-27852 Filed 11-18-16; 8:45 am] BILLING CODE 6560-50-P
![83158 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION Region 5, 77 West Jackson Boulevard, August 11, 2015. EPA’s March 18, 2016,
AGENCY Chicago, Illinois 60604, (312) 353–5954, finding of failure to submit would
Portanova.mary@epa.gov. require the imposition of sanctions if
40 CFR Parts 52 and 81 SUPPLEMENTARY INFORMATION: the SIP requirements are not met within
[EPA R05 OAR 2015–0599; FRL–9955–37– Throughout this document whenever 18 months; that is, by October 18, 2017.
Region 5] ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Since EPA is finalizing the
EPA. This supplementary information redesignation of the Ohio portion of the
Designation of Areas for Air Quality section is arranged as follows: Campbell-Clermont KY-OH SO2
Planning Purposes; Ohio; I. Background
nonattainment area before October 18,
Redesignation of the Ohio Portion of II. What comments were received on the 2017, EPA no longer requires Ohio to
the Campbell-Clermont KY-OH Sulfur proposal? submit a nonattainment SIP for the area,
Dioxide Nonattainment Area III. How does this affect the finding of failure and the sanctions described in the
to submit? March 18, 2016, finding will not take
AGENCY: Environmental Protection IV. What action is EPA taking? effect.
Agency (EPA). V. Statutory and Executive Order Reviews
ACTION: Final rule.
IV. What action is EPA taking?
I. Background EPA is redesignating Pierce
SUMMARY: In accordance with the Clean On July 20, 2016 (81 FR 47144), EPA Township, Clermont County, Ohio, to
Air Act (CAA), the Environmental proposed to redesignate the Ohio attainment of the 2010 SO2 NAAQS.
Protection Agency (EPA) is portion of the Campbell-Clermont KY– Pierce Township is the Ohio portion of
redesignating the Ohio portion of the OH nonattainment area to attainment of the Campbell-Clermont KY-OH SO2
Campbell-Clermont KY-OH sulfur the 2010 SO2 National Ambient Air nonattainment area. Ohio has met the
dioxide (SO2) nonattainment area from Quality Standard (NAAQS), because CAA requirements for redesignation.
nonattainment to attainment. The Ohio Ohio demonstrated that the most EPA is also approving Ohio’s
portion of this area consists of Pierce culpable source had closed, because the maintenance plan, submitted on August
Township in Clermont County, Ohio. local SO2 monitor was now registering 11, 2015.
EPA is also approving Ohio’s attainment, and because various In accordance with 5 U.S.C. 553(d),
maintenance plan, submitted on August additional analyses showed that no EPA finds there is good cause for this
11, 2015. The primary emission source other sources in or near the area were action to become effective immediately
in the area has permanently closed, and causing or contributing to violations in upon publication. This is because a
the air quality in the area is now the area. The Ohio portion of the delayed effective date is unnecessary
meeting the SO2 standard. EPA received nonattainment area consists of Pierce due to the nature of a redesignation to
one comment in support of the Township in Clermont County. EPA attainment, which relieves the area from
redesignation. also proposed to approve Ohio’s certain CAA requirements that would
DATES: This final rule is effective on maintenance plan for this area. otherwise apply to it. The immediate
November 21, 2016. effective date for this action is
II. What comments were received on authorized under both 5 U.S.C.
ADDRESSES: EPA has established a the proposal? 553(d)(1), which provides that
docket for this action under Docket ID EPA received one comment on the rulemaking actions may become
No. EPA–R05–OAR–2015–0599. All proposal. Cheri A. Budzynski effective less than 30 days after
documents in the docket are listed on commented on August 19, 2016, on publication if the rule grants or
the www.regulations.gov Web site. behalf of the Ohio Utility Group and its recognizes an exemption or relieves a
Although listed in the index, some member companies (the Utilities). The restriction, and section 553(d)(3), which
information is not publicly available, comment states that the Utilities allows an effective date less than 30
i.e., Confidential Business Information support the proposed action and believe days after publication as otherwise
(CBI) or other information whose that it should be finalized. This was the provided by the agency for good cause
disclosure is restricted by statute. only comment EPA received on this found and published with the rule. The
Certain other material, such as notice of proposed rulemaking. purpose of the 30-day waiting period
copyrighted material, is not placed on prescribed in section 553(d) is to give
the Internet and will be publicly III. How does this affect the finding of
affected parties a reasonable time to
available only in hard copy form. failure to submit?
adjust their behavior and prepare before
Publicly available docket materials are On March 18, 2016 (81 FR 14736), the final rule takes effect. This rule,
available either through EPA published a finding that Ohio had however, does not create any new
www.regulations.gov or at the failed to submit a nonattainment State regulatory requirements such that
Environmental Protection Agency, Implementation Plan (SIP) for the affected parties would need time to
Region 5, Air and Radiation Division, 77 Campbell-Clermont KY-OH SO2 prepare before the rule takes effect.
West Jackson Boulevard, Chicago, nonattainment area by the required Rather, this rule relieves Ohio of various
Illinois 60604. This facility is open from deadline of April 4, 2015. Because the requirements for the Ohio portion of the
8:30 a.m. to 4:30 p.m., Monday through main SO2 emission source in the Campbell-Clermont area. For these
Friday, excluding Federal holidays. We nonattainment area had closed and the reasons, EPA finds good cause under 5
recommend that you telephone Mary design value at the Campbell County, U.S.C. 553(d)(3) for this action to
asabaliauskas on DSK3SPTVN1PROD with RULES
Portanova, Environmental Engineer, at Kentucky, air quality monitor was in become effective on the date of
(312) 353–5954 before visiting the attainment of the SO2 standard after publication of this action.
Region 5 office. 2014, instead of a full nonattainment
FOR FURTHER INFORMATION CONTACT: SIP for this area, Ohio decided to submit V. Statutory and Executive Order
Mary Portanova, Environmental a redesignation request. Ohio presented Reviews
Engineer, Control Strategies Section, Air this decision in its April 3, 2015, Under the CAA, redesignation of an
Programs Branch (AR–18J), nonattainment SIP submittal, and area to attainment and the
Environmental Protection Agency, submitted its redesignation request on accompanying approval of the
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![Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations 83159
maintenance plan under CAA section safety risks subject to Executive Order action must be filed in the United States
107(d)(3)(E) are actions that affect the 13045 (62 FR 19885, April 23, 1997); Court of Appeals for the appropriate
status of a geographical area and do not • Is not a significant regulatory action circuit by January 20, 2017. Filing a
impose any additional regulatory subject to Executive Order 13211 (66 FR petition for reconsideration by the
requirements on sources beyond those 28355, May 22, 2001); Administrator of this final rule does not
required by state law. A redesignation to • Is not subject to requirements of affect the finality of this action for the
attainment does not in and of itself Section 12(d) of the National purposes of judicial review nor does it
impose any new requirements, but Technology Transfer and Advancement extend the time within which a petition
rather results in the application of Act of 1995 (15 U.S.C. 272 note) because for judicial review may be filed, and
requirements contained in the CAA for application of those requirements would shall not postpone the effectiveness of
areas that have been redesignated to be inconsistent with the CAA; and such rule or action. This action may not
attainment. Moreover, the Administrator • Does not provide EPA with the be challenged later in proceedings to
is required to approve a SIP submission discretionary authority to address, as enforce its requirements. (See section
that complies with the provisions of the appropriate, disproportionate human 307(b)(2).)
CAA and applicable Federal regulations. health or environmental effects, using
42 U.S.C. 7410(k); 40 CFR 52.02(a). practicable and legally permissible List of Subjects
Thus, in reviewing SIP submissions, methods, under Executive Order 12898 40 CFR Part 52
EPA’s role is to approve state choices, (59 FR 7629, February 16, 1994).
provided that they meet the criteria of In addition, the SIP is not approved Environmental protection, Air
the CAA. Accordingly, this action to apply on any Indian reservation land pollution control, Incorporation by
merely approves state law as meeting or in any other area where EPA or an reference, Intergovernmental relations,
Federal requirements and does not Indian tribe has demonstrated that a Reporting and recordkeeping
impose additional requirements beyond tribe has jurisdiction. In those areas of requirements, Sulfur oxides.
those imposed by state law. For that Indian country, the rule does not have 40 CFR Part 81
reason, this action: tribal implications and will not impose
• Is not a significant regulatory action substantial direct costs on tribal Environmental protection, Air
subject to review by the Office of governments or preempt tribal law as pollution control, National parks,
Management and Budget under specified by Executive Order 13175 (65 Wilderness areas.
Executive Orders 12866 (58 FR 51735, FR 67249, November 9, 2000). Dated: November 9, 2016.
October 4, 1993) and 13563 (76 FR 3821, The Congressional Review Act, 5 Robert A. Kaplan,
January 21, 2011); U.S.C. 801 et seq., as added by the Small Acting Regional Administrator, Region 5.
• Does not impose an information Business Regulatory Enforcement
collection burden under the provisions Fairness Act of 1996, generally provides 40 CFR parts 52 and 81 are amended
of the Paperwork Reduction Act (44 that before a rule may take effect, the as follows:
U.S.C. 3501 et seq.); agency promulgating the rule must
PART 52—APPROVAL AND
• Is certified as not having a submit a rule report, which includes a
copy of the rule, to each House of the PROMULGATION OF
significant economic impact on a
Congress and to the Comptroller General IMPLEMENTATION PLANS
substantial number of small entities
under the Regulatory Flexibility Act (5 of the United States. EPA will submit a
■ 1. The authority citation for part 52
U.S.C. 601 et seq.); report containing this action and other
continues to read as follows:
• Does not contain any unfunded required information to the U.S. Senate,
mandate or significantly or uniquely the U.S. House of Representatives, and Authority: 42 U.S.C. 7401 et seq.
affect small governments, as described the Comptroller General of the United ■ 2. In § 52.1870 the table in paragraph
in the Unfunded Mandates Reform Act States prior to publication of the rule in (e) is amended by adding an entry for
of 1995 (Pub. L. 104–4); the Federal Register. A major rule ‘‘SO2 (2010)’’ in alphabetical order
• Does not have Federalism cannot take effect until 60 days after it under ‘‘Summary of Criteria Pollutant
implications as specified in Executive is published in the Federal Register. Maintenance Plan’’ to read as follows:
Order 13132 (64 FR 43255, August 10, This action is not a ‘‘major rule’’ as
1999); defined by 5 U.S.C. 804(2). § 52.1870 Identification of plan.
• Is not an economically significant Under section 307(b)(1) of the CAA, * * * * *
regulatory action based on health or petitions for judicial review of this (e) * * *
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographical or non-attainment
Title State date EPA approval Comments
area
* * * * * *
Summary of Criteria Pollutant Maintenance Plan
asabaliauskas on DSK3SPTVN1PROD with RULES
* * * * * *
SO2 (2010) ........ Campbell-Clermont (Pierce Township in 8/11/2015 11/21/2016, [insert Federal Register cita-
Clermont County). tion].
* * * * * *
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■ 3. Section 52.1881 is amended by has been approved as submitted on Authority: 42 U.S.C. 7401, et seq.
adding paragraph (a)(16) to read as August 11, 2015.
follows: ■ 5. Section 81.336 is amended by
* * * * * revising the entry for ‘‘Campbell-
§ 52.1881 Control strategy: Sulfur oxides Clermont Counties, KY-OH’’ in the table
(sulfur dioxide). PART 81–-DESIGNATION OF AREAS
entitled ‘‘Ohio—2010 Sulfur Dioxide
(a) * * * FOR AIR QUALITY PLANNING
NAAQS [Primary]’’ to read as follows:
(16) Approval—The 2010 SO2 PURPOSES
maintenance plan for the Ohio portion § 81.336 Ohio.
of the Campbell-Clermont KY-OH ■ 4. The authority citation for part 81 * * * * *
(Pierce Township, Clermont County), continues to read as follows:
OHIO—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area
Date Type
Campbell-Clermont Counties, KY-OH 1 ................................................................................................................ 11/21/16 Attainment.
Clermont County (part):
Pierce Township
* * * * * *
1 Excludes Indian country located in each area, if any, unless otherwise specified.
* * * * * facilities are unable to meet the criteria Multimedia submissions (audio, video,
[FR Doc. 2016–27852 Filed 11–18–16; 8:45 am] for passing their annual QA/QC test etc.) must be accompanied by a written
BILLING CODE 6560–50–P because their emissions are now lower comment. The written comment is
than the range previously set during considered the official comment and
their correlation testing. We are should include discussion of all points
ENVIRONMENTAL PROTECTION modifying the procedure to allow you wish to make. The EPA will
AGENCY facilities to extend their PM CEMS generally not consider comments or
correlation regression line to the lowest comment contents located outside of the
40 CFR Part 60 PM CEMS response obtained during the primary submission (e.g., on the Web,
[EPA–HQ–OAR–2016–0382; FRL–9955–20– annual RCA or RRA, when these PM Cloud, or other file sharing system). For
OAR] CEMS responses are less than the lowest additional submission methods, the full
RIN 2060–AT15
response used to develop the existing EPA public comment policy,
correlation curve. This change will information about CBI or multimedia
Revisions to Procedure 2—Quality ensure that facilities that have reduced submissions, and general guidance on
Assurance Requirements for their emissions since completing their making effective comments, please visit
Particulate Matter Continuous correlation testing will no longer be http://www2.epa.gov/dockets/
Emission Monitoring Systems at penalized because their lower emissions commenting-epa-dockets.
Stationary Sources fall outside their initial response range.
FOR FURTHER INFORMATION CONTACT:
This action also corrects a typographical
AGENCY: Environmental Protection Questions concerning this direct final
error in the procedure.
Agency (EPA). rule should be addressed to Ms.
DATES: This rule is effective on February Kimberly Garnett, U.S. Environmental
ACTION: Direct final rule. 21, 2017 without further notice, unless Protection Agency, Office of Air Quality
SUMMARY: The Environmental Protection the EPA receives adverse comment by Planning and Standards, Air Quality
Agency (EPA) is taking direct final December 21, 2016. If the EPA receives Assessment Division, Measurement
action to update a procedure in the New adverse comment, we will publish a Technology Group (E143–02), Research
Source Performance Standards (NSPS). timely withdrawal in the Federal Triangle Park, NC 27711; telephone
The procedure provides the ongoing Register informing the public that the number: (919) 541–1158; fax number:
quality assurance/quality control (QA/ rule will not take effect. (919) 541-0516; email address:
QC) procedures for assessing the ADDRESSES: Submit your comments, garnett.kim@epa.gov.
acceptability of particulate matter (PM) identified by Docket ID No. EPA–HQ– SUPPLEMENTARY INFORMATION: The
continuous emissions monitoring OAR–2016–0382, to the Federal information in this SUPPLEMENTARY
systems (CEMS). The procedure eRulemaking Portal: http:// INFORMATION section of this preamble is
explains the criteria for passing an www.regulations.gov. Follow the online organized as follows:
annual response correlation audit (RCA) instructions for submitting comments.
asabaliauskas on DSK3SPTVN1PROD with RULES
and the criteria for passing an annual Once submitted, comments cannot be I. General Information
A. Why is the EPA using a direct final rule?
relative response audit (RRA). The edited or withdrawn. The EPA may
B. Does this action apply to me?
procedure currently contains a publish any comment received to its C. Where can I obtain a copy of this action?
requirement that the annual QA/QC test public docket. Do not submit D. Judicial Review
results for affected facilities must fall electronically any information you II. This Final Action
within the same response range that was consider to be Confidential Business III. Statutory and Executive Order Reviews
used to develop the existing PM CEMS Information (CBI) or other information A. Executive Order 12866: Regulatory
correlation curve. As a result, some whose disclosure is restricted by statute. Planning and Review and Executive
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Document Created: 2018-02-14 08:34:18
Document Modified: 2018-02-14 08:34:18
| 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 final rule is effective on November 21, 2016. | |
| Contact | Mary Portanova, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-5954, [email protected] | |
| FR Citation | 81 FR 83158 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
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