82 FR 14611 - Air Plan Approval; Georgia; Atlanta; Requirements for the 2008 8-Hour Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 54 (March 22, 2017)
Federal Register Volume 82, Issue 54 (March 22, 2017)
| Page Range | 14611-14614 | |
| FR Document | 2017-05459 |
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)] [Rules and Regulations] [Pages 14611-14614] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05459] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0248; FRL-9957-89-Region 4] Air Plan Approval; Georgia; Atlanta; Requirements for the 2008 8- Hour Ozone Standard AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve the portion of a state implementation plan (SIP) revision submitted on February 6, 2015, by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD), addressing the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) for the Atlanta, Georgia 2008 8-hour ozone nonattainment area (hereinafter referred to as the ``Atlanta Area'' or ``Area''). The Atlanta Area is comprised of 15 counties in Atlanta (Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale). This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations. DATES: This direct final rule is effective May 22, 2017 without further notice, unless EPA receives adverse comments by April 21, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2015-0248 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Kelly Sheckler of 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. Mrs. Sheckler can be reached by telephone at (404) 562-9222 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.075 ppm. Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined in appendix I of part 50. Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating the NAAQS based on the three most recent years of ambient air quality data at the conclusion of the designation process. The Atlanta Area was designated nonattainment for the 2008 8-hour ozone NAAQS on April 30, 2012 (effective July 20, 2012) using 2009-2011 ambient air quality data. See 77 FR 30088 (May 21, 2012). At the time of designation, the Atlanta Area was classified as a marginal nonattainment area. On March 6, 2015, EPA issued a final rule entitled, ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements'' (SIP Requirements Rule), which establishes the requirements that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where air quality exceeds the 2008 8-hour [[Page 14612]] ozone NAAQS.\1\ See 80 FR 12264. Areas that were designated as marginal ozone nonattainment areas were required to attain the 2008 8-hour ozone NAAQS no later than July 20, 2015, based on 2012-2014 monitoring data. See 40 CFR 51.1103. The Atlanta Area did not attain the 2008 8-hour ozone NAAQS by July 20, 2015, and therefore on April 11, 2016, the EPA Administrator signed a final rule reclassifying the Atlanta Area from a marginal nonattainment area to a moderate nonattainment area for the 2008 8-hour ozone standard. See 81 FR 26697 (May 4, 2016). Moderate areas are required to attain the 2008 8-hour ozone NAAQS no later than July 20, 2018, six years after the effective date of the initial nonattainment designations.\2\ See 40 CFR 51.1103. --------------------------------------------------------------------------- \1\ The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2008 ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress (RFP), reasonably available control technology, reasonably available control measures, major new source review, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. The rule also revokes the 1997 ozone NAAQS and establishes anti-backsliding requirements. \2\ Subsequent to the reclassification of the Atlanta Area, EPA determined that the Area has attained the 2008 8-hour ozone NAAQS based on 2013-2015 monitoring data. See 81 FR 45419 (July 14, 2016). However, an attainment determination is not equivalent to a redesignation under CAA section 107(d)(3). The Area will remain nonattainment for the 2008 8-hour ozone NAAQS and subject to the NNSR requirements for that NAAQS until such time as EPA determines that the Area meets the requirements for redesignation to attainment. --------------------------------------------------------------------------- Based on the initial nonattainment designation for the 2008 8-hour ozone standard, Georgia was required to develop a SIP revision addressing certain CAA requirements for the Atlanta Area. On February 6, 2015, Georgia submitted a SIP revision addressing the emissions inventory, emissions statements, and NNSR requirements related to the 2008 8-hour ozone NAAQS for the Atlanta Area.\3\ On August 11, 2015, EPA approved Georgia's SIP revision as meeting the requirements of sections 110, 182(a)(1), and 182(a)(3)(B) of the CAA by addressing the emissions inventory and emissions statements requirements for the 2008 8-hour ozone NAAQS for the Atlanta Area. See 80 FR 48036. EPA is now taking action on the NNSR portion of Georgia's February 6, 2015, SIP revision. EPA's analysis of how this SIP revision addresses the NNSR requirements for the 2008 8-hour ozone NAAQS is provided below. --------------------------------------------------------------------------- \3\ States have three years after the effective date of designation for the 2008 8-hour ozone NAAQS to submit SIP revisions addressing NNSR for their nonattainment areas. See 40 CFR 51.1114. Georgia's SIP revision also certified that its SIP-approved state regulation addressing nonattainment new source review for all new stationary sources and modified existing stationary sources in the Atlanta Area, 391-3-1-.03(8)--Permit Requirements, exceeds the requirements of section 182(a)(2)(C) for the 2008 8-hour ozone NAAQS. However, EPA does not believe that the two-year deadline contained in CAA section 182(a)(2)(C) applies to NNSR SIP revisions for implementing the 8-hour ozone NAAQS. See 80 FR 12264, 12267 (March 6, 2015); 70 FR 71612, 71683 (November 29, 2005). The submission of NNSR SIPs due on November 15, 1992, satisfied the requirement for states to submit NNSR SIP revisions to meet the requirements of CAA sections 172(c)(5) and 173 within two years after the date of enactment of the 1990 CAA Amendments. Id. --------------------------------------------------------------------------- II. Analysis of Georgia's Nonattainment New Source Review Requirements The minimum SIP requirements for NNSR permitting programs for the 2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR 51.1114. These NNSR program requirements include those promulgated in the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (75 FR 71018 (November 29, 2005)) and the SIP Requirements Rule implementing the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule, the SIP for each ozone nonattainment area must contain NNSR provisions that: Set major source thresholds for NOX and VOC pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2); classify physical changes as a major source if the change would constitute a major source by itself pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase of NOX as a significant net emissions increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases of VOC emissions in extreme ozone nonattainment areas as a significant net emissions increase and a major modification for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and NOX as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); provide that the requirements applicable to VOC also apply to NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i)-(iii) (renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the 2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008 8-hour ozone NAAQS, the SIP for each ozone nonattainment area designated nonattainment for the 2008 8-hour ozone NAAQS and designated nonattainment for the 1997 ozone NAAQS on April 6, 2015, must also contain NNSR provisions that include the anti-backsliding requirements at 40 CFR 51.1105. See 40 CFR 51.165(a)(12). Georgia's longstanding SIP-approved NNSR program, established in Air Quality Control Rule 391-3-1-.03(8)--Permit Requirements, applies to the construction and modification of major stationary sources in nonattainment areas. In its February 6, 2015 SIP revision, Georgia certifies that the version of Air Quality Control Rule 391-3-1-.03(8) in the SIP exceeds the federal NNSR requirements for the Atlanta Area. EPA last approved revisions to the SIP-approved version of Georgia's NNSR rule in 2010 addressing, among other things, the NNSR requirements in the Phase 2 Rule that were relevant to the counties designated as nonattainment for the 1997 8-hour ozone NAAQS in and around the Atlanta metropolitan area (1997 Atlanta Area) and that were not already satisfied by the SIP-approved rule.\4\ See 75 FR 71020 (November 22, 2010). Georgia's rule revision did not include Phase 2 Rule requirements for 8-hour ozone nonattainment areas classified as serious or above because the 1997 Atlanta Area was classified as a moderate nonattainment area. --------------------------------------------------------------------------- \4\ The 1997 Atlanta Area was comprised of Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton Counties. --------------------------------------------------------------------------- The version of Rule 391-3-1-.03(8) that is contained in the current SIP has not changed since the 2010 rulemaking.\5\ This version of the rule covers the entire Atlanta Area and remains adequate to meet all applicable NNSR requirements for the 2008 8-hour ozone NAAQS. The Phase 2 requirements for 8-hour ozone nonattainment areas classified as serious or above remain inapplicable because the Atlanta Area is classified as a moderate nonattainment area for the 2008 8-hour NAAQS and the anti-backsliding requirements added in the 2008 8-hour ozone implementation rule are inapplicable because the Atlanta Area was redesignated to attainment for the 1997 8-hour ozone NAAQS in 2013. --------------------------------------------------------------------------- \5\ The entry for Rule 391-3-1-.03 in the table of SIP-approved Georgia regulations at 40 CFR 52.570(e) is incorrect. The ``Explanation'' associated with the version of 391-3-1-.03 approved by EPA on April 9, 2013 (78 FR 21065) should read ``Changes specifically to (6)--Exemptions'' rather than ``Changes specifically to (8)--Permit Requirements.'' EPA will correct this inadvertent error in a future action. --------------------------------------------------------------------------- III. Final Action EPA is approving the portion of Georgia's February 6, 2015, SIP revision addressing the NNSR requirements for the 2008 8-hour ozone NAAQS for the Atlanta Area. EPA has concluded that the State's submission fulfills the 40 [[Page 14613]] CFR 51.1114 revision requirement and meets the requirements of CAA section 110 and the minimum SIP requirements of 40 CFR 51.165. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the NNSR portion of the SIP revision should adverse comments be filed. This rule will be effective May 22, 2017 without further notice unless the Agency receives adverse comments by April 21, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on May 22, 2017 and no further action will be taken on the proposed rule. IV. 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 May 22, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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 dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 7, 2017. V. Anne Heard, Acting 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 L--Georgia 0 2. In Sec. 52.570, the table in paragraph (e) is amended by adding the entry ``2008 8-hour ozone NAAQS Nonattainment New Source Review Requirements for the Atlanta Area'' at the end of the table to read as follows: Sec. 52.570 Identification of plan. * * * * * (e) * * * [[Page 14614]] EPA-Approved Georgia Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2008 8-hour ozone NAAQS Bartow, Cherokee, 2/6/2015 3/22/2017, [insert Nonattainment New Source Review Clayton, Cobb, Federal Register Requirements for the Atlanta Coweta, DeKalb, citation]. Area. Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale Counties. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-05459 Filed 3-21-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Rules and Regulations 14611
Court of Appeals for the appropriate ENVIRONMENTAL PROTECTION additional submission methods, the full
circuit by May 22, 2017. Filing a AGENCY EPA public comment policy,
petition for reconsideration by the information about CBI or multimedia
Administrator of this final rule does not 40 CFR Part 52 submissions, and general guidance on
affect the finality of this rule for the [EPA–R04–OAR–2015–0248; FRL–9957–89– making effective comments, please visit
purposes of judicial review nor does it Region 4] http://www2.epa.gov/dockets/
extend the time within which a petition commenting-epa-dockets.
for judicial review may be filed, and Air Plan Approval; Georgia; Atlanta; FOR FURTHER INFORMATION CONTACT:
shall not postpone the effectiveness of Requirements for the 2008 8-Hour Kelly Sheckler of the Air Regulatory
such rule or action. This action may not Ozone Standard Management Section, Air Planning and
be challenged later in proceedings to AGENCY: Environmental Protection Implementation Branch, Air, Pesticides
enforce its requirements (see section Agency. and Toxics Management Division, U.S.
CAA 307(b)(2)). ACTION: Direct final rule. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
List of Subjects in 40 CFR Part 52 SUMMARY: The Environmental Protection Atlanta, Georgia 30303–8960. Mrs.
Agency (EPA) is taking direct final Sheckler can be reached by telephone at
Air pollution control, Environmental action to approve the portion of a state
protection, Incorporation by reference, (404) 562–9222 or via electronic mail at
implementation plan (SIP) revision sheckler.kelly@epa.gov.
Intergovernmental relations, Lead, submitted on February 6, 2015, by the
Nitrogen oxides, Ozone, Particulate SUPPLEMENTARY INFORMATION:
State of Georgia, through the Georgia
matter, Reporting and recordkeeping Environmental Protection Division (GA I. Background
requirements, Sulfur dioxide. EPD), addressing the nonattainment
new source review (NNSR) On March 12, 2008, EPA promulgated
Authority: 42 U.S.C. 7401 et seq.
requirements for the 2008 8-hour ozone a revised 8-hour ozone NAAQS of 0.075
Dated: March 14, 2017. National Ambient Air Quality Standards parts per million (ppm). See 73 FR
E. Scott Pruitt, (NAAQS) for the Atlanta, Georgia 2008 16436 (March 27, 2008). Under EPA’s
Administrator. 8-hour ozone nonattainment area regulations at 40 CFR 50.15, the 2008 8-
(hereinafter referred to as the ‘‘Atlanta hour ozone NAAQS is attained when
Part 52, Chapter I, Title 40 of the Code the 3-year average of the annual fourth-
Area’’ or ‘‘Area’’). The Atlanta Area is
of Federal Regulations is amended as highest daily maximum 8-hour average
comprised of 15 counties in Atlanta
follows: (Bartow, Cherokee, Clayton, Cobb, ambient air quality ozone
Coweta, DeKalb, Douglas, Fayette, concentrations is less than or equal to
PART 52—APPROVAL AND 0.075 ppm. Ambient air quality
Forsyth, Fulton, Gwinnett, Henry,
PROMULGATION OF monitoring data for the 3-year period
Newton, Paulding, and Rockdale). This
IMPLEMENTATION PLANS must meet a data completeness
action is being taken pursuant to the
Clean Air Act (CAA or Act) and its requirement. The ambient air quality
■ 1. The authority citation for part 52 implementing regulations. monitoring data completeness
continues to read as follows: DATES: This direct final rule is effective requirement is met when the average
Authority: 42 U.S.C. 7401 et seq. May 22, 2017 without further notice, percent of days with valid ambient
unless EPA receives adverse comments monitoring data is greater than 90
Subpart F—California by April 21, 2017. If EPA receives such percent, and no single year has less than
comments, it will publish a timely 75 percent data completeness as
■ 2. Section 52.270 is amended by withdrawal of the direct final rule in the determined in appendix I of part 50.
adding paragraph (b)(2)(v) to read as Federal Register and inform the public Upon promulgation of a new or
follows: that the rule will not take effect. revised NAAQS, the CAA requires EPA
ADDRESSES: Submit your comments, to designate as nonattainment any area
§ 52.270 Significant deterioration of air identified by Docket ID No. EPA–R04– that is violating the NAAQS based on
quality. OAR–2015–0248 at http:// the three most recent years of ambient
* * * * * www.regulations.gov. Follow the online air quality data at the conclusion of the
(b) * * * instructions for submitting comments. designation process. The Atlanta Area
Once submitted, comments cannot be was designated nonattainment for the
(2) * * * 2008 8-hour ozone NAAQS on April 30,
edited or removed from Regulations.gov.
(v) Those projects that are major EPA may publish any comment received 2012 (effective July 20, 2012) using
stationary sources or major to its public docket. Do not submit 2009–2011 ambient air quality data. See
modifications for emissions of PM2.5 or electronically any information you 77 FR 30088 (May 21, 2012). At the time
its precursors under § 52.21, and those consider to be Confidential Business of designation, the Atlanta Area was
projects that are major stationary Information (CBI) or other information classified as a marginal nonattainment
sources under § 52.21 with the potential whose disclosure is restricted by statute. area. On March 6, 2015, EPA issued a
to emit PM2.5 or its precursors at a rate Multimedia submissions (audio, video, final rule entitled, ‘‘Implementation of
that would meet or exceed the rates etc.) must be accompanied by a written the 2008 National Ambient Air Quality
specified at § 52.21(b)(23)(i). comment. The written comment is Standards for Ozone: State
jstallworth on DSK7TPTVN1PROD with RULES
considered the official comment and Implementation Plan Requirements’’
* * * * * (SIP Requirements Rule), which
[FR Doc. 2017–05557 Filed 3–21–17; 8:45 am] should include discussion of all points
you wish to make. EPA will generally establishes the requirements that state,
BILLING CODE 6560–50–P tribal, and local air quality management
not consider comments or comment
contents located outside of the primary agencies must meet as they develop
submission (i.e., on the web, cloud, or implementation plans for areas where
other file sharing system). For air quality exceeds the 2008 8-hour
VerDate Sep<11>2014 14:52 Mar 21, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\22MRR1.SGM 22MRR1](https://thefederalregister.org/doc/82_FR_14665/page/1.svg)
![14614 Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Rules and Regulations
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State submittal
Name of nonregulatory SIP Applicable geographic or non- date/effective EPA approval date Explanation
provision attainment area date
* * * * * * *
2008 8-hour ozone NAAQS Bartow, Cherokee, Clayton, 2/6/2015 3/22/2017, [insert Federal
Nonattainment New Source Cobb, Coweta, DeKalb, Register citation].
Review Requirements for Douglas, Fayette, Forsyth,
the Atlanta Area. Fulton, Gwinnett, Henry,
Newton, Paulding, and
Rockdale Counties.
[FR Doc. 2017–05459 Filed 3–21–17; 8:45 am] Monday through Friday, excluding legal objection to any aspect of this regulation
BILLING CODE 6560–50–P holidays. The telephone number for the and may also request a hearing on those
Public Reading Room is (202) 566–1744, objections. You must file your objection
and the telephone number for the OPP or request a hearing on this regulation
ENVIRONMENTAL PROTECTION Docket is (703) 305–5805. Please review in accordance with the instructions
AGENCY the visitor instructions and additional provided in 40 CFR part 178. To ensure
information about the docket available proper receipt by EPA, you must
40 CFR Part 180 at http://www.epa.gov/dockets. identify docket ID number EPA–HQ–
[EPA–HQ–OPP–2016–0337; FRL–9958–10] FOR FURTHER INFORMATION, CONTACT: OPP–2016–0337 in the subject line on
Michael Goodis, Registration Division the first page of your submission. All
Fatty Acids, Montan-Wax, Ethoxylated; (7505P), Office of Pesticide Programs, objections and requests for a hearing
Tolerance Exemption Environmental Protection Agency, 1200 must be in writing, and must be
Pennsylvania Ave. NW., Washington, received by the Hearing Clerk on or
AGENCY: Environmental Protection before May 22, 2017. Addresses for mail
Agency (EPA). DC 20460–0001; main telephone
number: (703) 305–7090; email address: and hand delivery of objections and
ACTION: Final rule. hearing requests are provided in 40 CFR
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION: 178.25(b).
SUMMARY: This regulation establishes an
exemption from the requirement of a In addition to filing an objection or
I. General Information hearing request with the Hearing Clerk
tolerance for residues of fatty acids,
montan-wax, ethoxylated (CAS No. A. Does this action apply to me? as described in 40 CFR part 178, please
68476–04–0) when used as an inert You may be potentially affected by submit a copy of the filing (excluding
ingredient in a pesticide chemical this action if you are an agricultural any Confidential Business Information
formulation. Clariant Corporation producer, food manufacturer, or (CBI)) for inclusion in the public docket.
submitted a petition to EPA under the pesticide manufacturer. The following Information not marked confidential
Federal Food, Drug, and Cosmetic Act list of North American Industrial pursuant to 40 CFR part 2 may be
(FFDCA), requesting an exemption from Classification System (NAICS) codes is disclosed publicly by EPA without prior
the requirement of a tolerance. This not intended to be exhaustive, but rather notice. Submit the non-CBI copy of your
regulation eliminates the need to provides a guide to help readers objection or hearing request, identified
establish a maximum permissible level determine whether this document by docket ID number EPA–HQ–OPP–
for residues of fatty acids, montan-wax, applies to them. Potentially affected 2016–0337, by one of the following
ethoxylated on food or feed entities may include: methods.
commodities. • Crop production (NAICS code 111). • Federal eRulemaking Portal: http://
DATES: This regulation is effective • Animal production (NAICS code www.regulations.gov. Follow the online
March 22, 2017. Objections and requests 112). instructions for submitting comments.
for hearings must be received on or • Food manufacturing (NAICS code Do not submit electronically any
before May 22, 2017, and must be filed 311). information you consider to be CBI or
in accordance with the instructions • Pesticide manufacturing (NAICS other information whose disclosure is
provided in 40 CFR part 178 (see also code 32532). restricted by statute.
Unit I.C. of the SUPPLEMENTARY B. How can I get electronic access to • Mail: OPP Docket, Environmental
INFORMATION). other related information? Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
ADDRESSES: The docket for this action, You may access a frequently updated NW., Washington, DC 20460–0001.
identified by docket identification (ID) electronic version of 40 CFR part 180
number EPA–HQ–OPP–2016–0337, is through the Government Printing • Hand Delivery: To make special
available at http://www.regulations.gov Office’s e-CFR site at http:// arrangements for hand delivery or
or at the Office of Pesticide Programs www.ecfr.gov/cgi-bin/text- delivery of boxed information, please
jstallworth on DSK7TPTVN1PROD with RULES
Regulatory Public Docket (OPP Docket) idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ follow the instructions at http://
in the Environmental Protection Agency 40tab_02.tpl. www.epa.gov/dockets/contacts.html.
Docket Center (EPA/DC), West William Additional instructions on
Jefferson Clinton Bldg., Rm. 3334, 1301 C. Can I file an objection or hearing commenting or visiting the docket,
Constitution Ave. NW., Washington, DC request? along with more information about
20460–0001. The Public Reading Room Under FFDCA section 408(g), 21 dockets generally, is available at http://
is open from 8:30 a.m. to 4:30 p.m., U.S.C. 346a, any person may file an www.epa.gov/dockets.
VerDate Sep<11>2014 14:52 Mar 21, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\22MRR1.SGM 22MRR1](https://thefederalregister.org/doc/82_FR_14665/page/4.svg)
Document Created: 2017-03-22 03:58:14
Document Modified: 2017-03-22 03:58:14
| 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 | Direct final rule. | |
| Dates | This direct final rule is effective May 22, 2017 without further notice, unless EPA receives adverse comments by April 21, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Kelly Sheckler of 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. Mrs. Sheckler can be reached by telephone at (404) 562-9222 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 14611 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR