82 FR 16927 - Air Plan Approval; Tennessee: Reasonable Measures Required
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 66 (April 7, 2017)
Federal Register Volume 82, Issue 66 (April 7, 2017)
| Page Range | 16927-16930 | |
| FR Document | 2017-06877 |
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)] [Rules and Regulations] [Pages 16927-16930] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06877] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0575; FRL-9960-57-Region 4] Air Plan Approval; Tennessee: Reasonable Measures Required AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on March 25, 1999. The SIP submittal includes a change to the TDEC regulation ``Reasonable Measures Required.'' EPA is proposing to approve this SIP revision because it is consistent with the Clean Air Act (CAA or Act) and federal regulations governing SIPs. [[Page 16928]] DATES: This direct final rule is effective June 6, 2017 without further notice, unless EPA receives adverse comment by May 8, 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-2016-0575 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: D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On March 25, 1999, TDEC submitted a change to the Tennessee rules to EPA for approval and incorporation into the Tennessee SIP. Specifically, the submittal includes a change to remove a portion of text from Tennessee Air Pollution Control Regulation (TAPCR) Rule 1200- 3-20-.02, ``Reasonable Measures Required,'' at paragraph (1). Existing paragraph (1) covers measures that air contaminant sources must take during periods of startup and shutdown and the treatment of equipment failures that are not considered to be malfunctions. This provision was originally submitted by TDEC as part of Chapter 1200-3-20, ``Limits on Emissions Due to Malfunctions, Start-ups, and Shutdowns'' on February 13, 1979, and approved by EPA on February 6, 1980 (45 FR 8004).\1\ --------------------------------------------------------------------------- \1\ The current SIP-approved version of paragraph (1) of Chapter 1200-3-20-.02 is the version that became state-effective on February 13, 1977. 40 CFR 52.2220(c). --------------------------------------------------------------------------- II. Analysis of State's Submittal The current SIP-approved version of TAPCR 1200-3-20-.02 provides, in part, that for sources that are in or are significantly affecting a nonattainment area, ``failures that are caused by poor maintenance, careless operation or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions, and shall be considered in violation of the emission standard exceeded and this rule.'' The March 25, 1999, submittal modifies the treatment of those equipment failures that are not considered malfunctions by removing the statement that such failures ``shall be considered in violation of the emission standard exceeded and this rule.'' \2\ This rule change simply eliminates language indicating that a source which experiences an equipment failure is automatically in violation of applicable emission standards and the Tennessee rule. EPA believes this change is appropriate because an instance of equipment failure does not always result in an exceedance of an emission standard. In addition, EPA notes that, in accordance with TAPCR 1200-3-13-.01, any preventable failure to properly operate control equipment may still be in violation of emission control requirements contained in specific emission standards of the Tennessee SIP. --------------------------------------------------------------------------- \2\ The provision at TAPCR 1200-3-20-.02(1) in the March 25, 1999, submittal does not include the phrase ``[f]or sources identified in Chapter 1200-3-19, or by a permit condition or an order issued by the Board or by the Technical Secretary as being in or significantly affecting a nonattainment area,'' which is currently approved into the SIP. However, EPA is processing only the revision presented in the March 25, 1999, submittal, as discussed in Section II. --------------------------------------------------------------------------- This SIP revision does not provide an exemption for any applicable emission standards, nor does it modify any applicable requirements for air contaminant sources. With this change, all applicable emission standards will continue to apply during all times. EPA is approving this revision because it is consistent with the CAA. III. Start Up, Shutdown, and Malfunction (SSM) SIP Call Considerations In this action, EPA is not approving or disapproving revisions to any existing pollutant emission limitations that apply during periods of startup, shutdown and malfunction. EPA notes that on June 12, 2015, the Agency published a formal finding that a number of states, including Tennessee, have SIPs with SSM provisions that are contrary to the CAA and existing EPA guidance. See 80 FR 33840. Accordingly, EPA issued a formal ``SIP call'' requiring the affected states to make a SIP submission to correct the SSM regulations identified by EPA as being deficient. Id. In that final action, EPA determined that TAPCR Chapters 1200-3-20 and 1200-3-5 have provisions that are contrary to the CAA, specifically TAPCR 1200-3-20-.07(1), 1200-3-20-.07(3) and 1200-3-5-.02(1). This direct final action only removes language from 1200-3-20-.02(1) indicating that an equipment failure that does not qualify as a malfunction is an automatic violation. Therefore, this final action does not impact the provisions of the Tennessee regulations implicated in the SSM SIP call and has no effect on EPA's June 12, 2015, finding of inadequacy regarding Tennessee's SIP. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of TAPCR 1200-3- 20-.02(1), entitled ``Reasonable Measures Required,'' effective November 11, 1997, which removed a statement that preventable failures of process or control equipment were presumptively in violation of applicable emission standards and the rule. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\3\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Final Action EPA is approving a change to the Tennessee SIP at TAPCR 1200-3- 20-.02, submitted March 25, 1999, because [[Page 16929]] it is consistent with the CAA and federal regulations. 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 SIP revision should adverse comments be filed. This rule will be effective June 6, 2017 without further notice unless the Agency receives adverse comments by May 8, 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 public 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 June 6, 2017 and no further action will be taken on the proposed rule. VI. 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 June 6, 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, Reporting and recordkeeping requirements. Dated: March 15, 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 RR--Tennessee 0 2. In Sec. 52.2220, table 1 in paragraph (c) is amended by revising the entry for ``1200-3-20-.02'' to read as follows: Sec. 52.2220 Identification of plan. * * * * * (c) * * * [[Page 16930]] Table 1--EPA Approved Tennessee Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- CHAPTER 1200-3-20 LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS ---------------------------------------------------------------------------------------------------------------- * * * * * * * 1200-3-20-.02................... Reasonable Measures 11/11/1997 4/7/2017, [insert ..................... Required. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-06877 Filed 4-6-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations 16927
of the Paperwork Reduction Act (44 or in any other area where EPA or an judicial review nor does it extend the
U.S.C. 3501 et seq.); Indian tribe has demonstrated that a time within which a petition for judicial
• Is certified as not having a tribe has jurisdiction. In those areas of review may be filed, and shall not
significant economic impact on a Indian country, the rule does not have postpone the effectiveness of such rule
substantial number of small entities tribal implications and will not impose or action. This action may not be
under the Regulatory Flexibility Act (5 substantial direct costs on tribal challenged later in proceedings to
U.S.C. 601 et seq.); governments or preempt tribal law as enforce its requirements. (See section
• Does not contain any unfunded specified by Executive Order 13175 (65 307(b)(2).)
mandate or significantly or uniquely FR 67249, November 9, 2000).
affect small governments, as described List of Subjects in 40 CFR Part 52
The Congressional Review Act, 5
in the Unfunded Mandates Reform Act U.S.C. 801 et seq., as added by the Small Environmental protection, Air
of 1995 (Pub. L. 104–4); Business Regulatory Enforcement pollution control, Incorporation by
• Does not have Federalism
Fairness Act of 1996, generally provides reference, Intergovernmental relations,
implications as specified in Executive
that before a rule may take effect, the Nitrogen dioxide, Ozone, Reporting and
Order 13132 (64 FR 43255, August 10,
agency promulgating the rule must recordkeeping requirements, Volatile
1999);
• Is not an economically significant submit a rule report, which includes a organic compounds.
regulatory action based on health or copy of the rule, to each House of the Dated: March 17, 2017.
safety risks subject to Executive Order Congress and to the Comptroller General Robert A. Kaplan,
13045 (62 FR 19885, April 23, 1997); of the United States. EPA will submit a
Acting Regional Administrator, Region 5.
• Is not a significant regulatory action report containing this action and other
subject to Executive Order 13211 (66 FR required information to the U.S. Senate, 40 CFR part 52 is amended as follows:
28355, May 22, 2001); the U.S. House of Representatives, and
• Is not subject to requirements of the Comptroller General of the United PART 52—APPROVAL AND
section 12(d) of the National States prior to publication of the rule in PROMULGATION OF
Technology Transfer and Advancement the Federal Register. A major rule IMPLEMENTATION PLANS
Act of 1995 (15 U.S.C. 272 note) because cannot take effect until 60 days after it
application of those requirements would is published in the Federal Register. ■ 1. The authority citation for part 52
be inconsistent with the CAA; and This action is not a ‘‘major rule’’ as continues to read as follows:
• Does not provide EPA with the defined by 5 U.S.C. 804(2).
Authority: 42 U.S.C. 7401 et seq.
discretionary authority to address, as Under section 307(b)(1) of the CAA,
appropriate, disproportionate human petitions for judicial review of this ■ 2. In § 52.770, the table in paragraph
health or environmental effects, using action must be filed in the United States (c) is amended by revising the entry for
practicable and legally permissible Court of Appeals for the appropriate ‘‘2–6–1’’ to read as follows:
methods, under Executive Order 12898 circuit by June 6, 2017. Filing a petition
(59 FR 7629, February 16, 1994). § 52.770 Identification of plan.
for reconsideration by the Administrator
In addition, the SIP is not approved of this final rule does not affect the * * * * *
to apply on any Indian reservation land finality of this action for the purposes of (c) * * *
EPA-APPROVED INDIANA REGULATIONS
Indiana Indiana
Subject EPA approval date Comments
citation effective date
Article 2. Permit Review Rules
* * * * * * *
Rule 6. Emission Reporting
2–6–1 Applicability ........................................................... 11/20/2016 4/7/2017, [insert Federal Register citation] ......... ........................
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The U.S. Environmental
[FR Doc. 2017–06887 Filed 4–6–17; 8:45 am] AGENCY Protection Agency (EPA) is taking direct
BILLING CODE 6560–50–P final action to approve a State
40 CFR Part 52 Implementation Plan (SIP) revision
submitted by the State of Tennessee,
[EPA–R04–OAR–2016–0575; FRL–9960–57– through the Tennessee Department of
Region 4] Environment and Conservation (TDEC),
on March 25, 1999. The SIP submittal
nlaroche on DSK30NT082PROD with RULES
Air Plan Approval; Tennessee: includes a change to the TDEC
Reasonable Measures Required regulation ‘‘Reasonable Measures
AGENCY: Environmental Protection Required.’’ EPA is proposing to approve
Agency. this SIP revision because it is consistent
with the Clean Air Act (CAA or Act) and
ACTION: Direct final rule.
federal regulations governing SIPs.
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DATES: This direct final rule is effective Chapter 1200–3–20, ‘‘Limits on existing pollutant emission limitations
June 6, 2017 without further notice, Emissions Due to Malfunctions, Start- that apply during periods of startup,
unless EPA receives adverse comment ups, and Shutdowns’’ on February 13, shutdown and malfunction. EPA notes
by May 8, 2017. If EPA receives such 1979, and approved by EPA on February that on June 12, 2015, the Agency
comments, it will publish a timely 6, 1980 (45 FR 8004).1 published a formal finding that a
withdrawal of the direct final rule in the number of states, including Tennessee,
II. Analysis of State’s Submittal
Federal Register and inform the public have SIPs with SSM provisions that are
that the rule will not take effect. The current SIP-approved version of contrary to the CAA and existing EPA
ADDRESSES: Submit your comments, TAPCR 1200–3–20–.02 provides, in guidance. See 80 FR 33840.
identified by Docket ID No. EPA–R04– part, that for sources that are in or are Accordingly, EPA issued a formal ‘‘SIP
OAR–2016–0575 at http:// significantly affecting a nonattainment call’’ requiring the affected states to
www.regulations.gov. Follow the online area, ‘‘failures that are caused by poor make a SIP submission to correct the
instructions for submitting comments. maintenance, careless operation or any SSM regulations identified by EPA as
Once submitted, comments cannot be other preventable upset condition or being deficient. Id. In that final action,
edited or removed from Regulations.gov. preventable equipment breakdown shall EPA determined that TAPCR Chapters
EPA may publish any comment received not be considered malfunctions, and 1200–3–20 and 1200–3–5 have
to its public docket. Do not submit shall be considered in violation of the provisions that are contrary to the CAA,
emission standard exceeded and this specifically TAPCR 1200–3–20–.07(1),
electronically any information you
rule.’’ The March 25, 1999, submittal 1200–3–20–.07(3) and 1200–3–5–.02(1).
consider to be Confidential Business
modifies the treatment of those This direct final action only removes
Information (CBI) or other information
equipment failures that are not language from 1200–3–20–.02(1)
whose disclosure is restricted by statute.
considered malfunctions by removing indicating that an equipment failure that
Multimedia submissions (audio, video,
the statement that such failures ‘‘shall does not qualify as a malfunction is an
etc.) must be accompanied by a written
be considered in violation of the automatic violation. Therefore, this final
comment. The written comment is
emission standard exceeded and this action does not impact the provisions of
considered the official comment and
rule.’’ 2 This rule change simply the Tennessee regulations implicated in
should include discussion of all points
eliminates language indicating that a the SSM SIP call and has no effect on
you wish to make. EPA will generally source which experiences an equipment
not consider comments or comment EPA’s June 12, 2015, finding of
failure is automatically in violation of inadequacy regarding Tennessee’s SIP.
contents located outside of the primary applicable emission standards and the
submission (i.e., on the Web, cloud, or Tennessee rule. EPA believes this IV. Incorporation by Reference
other file sharing system). For change is appropriate because an In this rule, EPA is finalizing
additional submission methods, the full instance of equipment failure does not regulatory text that includes
EPA public comment policy, always result in an exceedance of an incorporation by reference. In
information about CBI or multimedia emission standard. In addition, EPA accordance with requirements of 1 CFR
submissions, and general guidance on notes that, in accordance with TAPCR 51.5, EPA is finalizing the incorporation
making effective comments, please visit 1200–3–13–.01, any preventable failure by reference of TAPCR 1200–3–20–
http://www2.epa.gov/dockets/ to properly operate control equipment .02(1), entitled ‘‘Reasonable Measures
commenting-epa-dockets. may still be in violation of emission Required,’’ effective November 11, 1997,
FOR FURTHER INFORMATION CONTACT: D. control requirements contained in which removed a statement that
Brad Akers, Air Regulatory Management specific emission standards of the preventable failures of process or
Section, Air Planning and Tennessee SIP. control equipment were presumptively
Implementation Branch, Air, Pesticides This SIP revision does not provide an in violation of applicable emission
and Toxics Management Division, U.S. exemption for any applicable emission standards and the rule. Therefore, these
Environmental Protection Agency, standards, nor does it modify any materials have been approved by EPA
Region 4, 61 Forsyth Street SW., applicable requirements for air for inclusion in the SIP, have been
Atlanta, Georgia 30303–8960. Mr. Akers contaminant sources. With this change, incorporated by reference by EPA into
can be reached via telephone at (404) all applicable emission standards will that plan, are fully federally enforceable
562–9089 and via electronic mail at continue to apply during all times. EPA under sections 110 and 113 of the CAA
akers.brad@epa.gov. is approving this revision because it is as of the effective date of the final
SUPPLEMENTARY INFORMATION: consistent with the CAA. rulemaking of EPA’s approval, and will
I. Background III. Start Up, Shutdown, and be incorporated by reference by the
Malfunction (SSM) SIP Call Director of the Federal Register in the
On March 25, 1999, TDEC submitted next update to the SIP compilation.3
Considerations
a change to the Tennessee rules to EPA EPA has made, and will continue to
for approval and incorporation into the In this action, EPA is not approving make, these materials generally
Tennessee SIP. Specifically, the or disapproving revisions to any available through www.regulations.gov
submittal includes a change to remove and/or at the EPA Region 4 Office
1 The current SIP-approved version of paragraph
a portion of text from Tennessee Air (please contact the person identified in
(1) of Chapter 1200–3–20–.02 is the version that
Pollution Control Regulation (TAPCR) became state-effective on February 13, 1977. 40 CFR the FOR FURTHER INFORMATION CONTACT
Rule 1200–3–20–.02, ‘‘Reasonable 52.2220(c). section of this preamble for more
Measures Required,’’ at paragraph (1). 2 The provision at TAPCR 1200–3–20–.02(1) in
information).
Existing paragraph (1) covers measures the March 25, 1999, submittal does not include the
nlaroche on DSK30NT082PROD with RULES
phrase ‘‘[f]or sources identified in Chapter 1200–3– V. Final Action
that air contaminant sources must take 19, or by a permit condition or an order issued by
during periods of startup and shutdown the Board or by the Technical Secretary as being in EPA is approving a change to the
and the treatment of equipment failures or significantly affecting a nonattainment area,’’ Tennessee SIP at TAPCR 1200–3–20–
which is currently approved into the SIP. However,
that are not considered to be EPA is processing only the revision presented in the
.02, submitted March 25, 1999, because
malfunctions. This provision was March 25, 1999, submittal, as discussed in Section
originally submitted by TDEC as part of II. 3 62 FR 27968 (May 22, 1997).
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TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
CHAPTER 1200–3–20 LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS
* * * * * * *
1200–3–20–.02 ............................... Reasonable Measures Required ... 11/11/1997 4/7/2017, [insert Federal Register
citation].
* * * * * * *
* * * * * Identification No. EPA–R04–OAR– three years after promulgation of a new
[FR Doc. 2017–06877 Filed 4–6–17; 8:45 am] 2014–0429. All documents in the docket or revised NAAQS or within such
BILLING CODE 6560–50–P are listed on the www.regulations.gov shorter period as EPA may prescribe.
Web site. Although listed in the index, Section 110(a)(2) requires states to
some information is not publicly address basic SIP elements such as
ENVIRONMENTAL PROTECTION available, i.e., Confidential Business requirements for monitoring, basic
AGENCY Information or other information whose program requirements and legal
disclosure is restricted by statute. authority that are designed to assure
40 CFR Part 52 Certain other material, such as attainment and maintenance of the
[EPA–R04–OAR–2014–0429; FRL–9960–92– copyrighted material, is not placed on NAAQS. States were required to submit
Region 4] the Internet and will be publicly such SIPs for the 2012 Annual PM2.5
available only in hard copy form. NAAQS to EPA no later than December
Air Plan Approval; SC; Infrastructure Publicly available docket materials are 14, 2015.
Requirements for the 2012 PM2.5 available either electronically through In a proposed rulemaking published
National Ambient Air Quality Standard www.regulations.gov or in hard copy at August 23, 2016 (81 FR 57509), EPA
AGENCY: Environmental Protection the Air Regulatory Management Section, proposed to approve portions of South
Agency. Air Planning and Implementation Carolina’s December 18, 2015, SIP
Branch, Air, Pesticides and Toxics submission for the 2012 Annual PM2.5
ACTION: Final rule.
Management Division, U.S. NAAQS, with the exception of the
SUMMARY: The Environmental Protection Environmental Protection Agency, interstate transport requirements of
Agency (EPA) is taking final action to Region 4, 61 Forsyth Street SW., section 110(a)(2)(D)(i)(I) and (II) (prongs
approve portions of the State Atlanta, Georgia 30303–8960. EPA 1, 2, and 4), for which EPA did not
Implementation Plan (SIP) submission, requests that if at all possible, you propose any action. On August 22, 2016
submitted by the State of South contact the person listed in the FOR (81 FR 56512) EPA conditionally
Carolina, through the South Carolina FURTHER INFORMATION CONTACT section to
approved South Carolina’s December
Department of Health and schedule your inspection. The Regional 18, 2015, infrastructure SIP submission
Environmental Control (SC DHEC), on Office’s official hours of business are regarding prong 4 of D(i) for the 2012
December 18, 2015, to demonstrate that Monday through Friday, 8:30 a.m. to Annual PM2.5 NAAQS. Therefore, EPA
the State meets the infrastructure 4:30 p.m., excluding Federal holidays. is not taking any action today pertaining
requirements of the Clean Air Act (CAA to prong 4. With respect to the interstate
FOR FURTHER INFORMATION CONTACT:
or Act) for the 2012 Annual Fine transport requirements of section
Tiereny Bell, Air Regulatory 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA
Particulate Matter (PM2.5) national Management Section, Air Planning and
ambient air quality standard (NAAQS). will consider these requirements in
Implementation Branch, Air, Pesticides relation to South Carolina’s 2012
The CAA requires that each state adopt and Toxics Management Division, U.S.
and submit a SIP for the Annual PM2.5 NAAQS infrastructure
Environmental Protection Agency, submission in a separate rulemaking.
implementation, maintenance and Region 4, 61 Forsyth Street SW.,
enforcement of each NAAQS The details of South Carolina
Atlanta, Georgia 30303–8960. Ms. Bell submission and the rationale for EPA’s
promulgated by EPA, which is can be reached via electronic mail at
commonly referred to as an actions for this final rule are explained
bell.tiereny@epa.gov or via telephone at in the August 23, 2016, proposed
‘‘infrastructure’’ SIP. SC DHEC certified (404) 562–9088.
that the South Carolina SIP contains rulemaking. Comments on the proposed
SUPPLEMENTARY INFORMATION: rulemaking were due on or before
provisions that ensure the 2012 Annual
PM2.5 NAAQS is implemented, I. Background and Overview September 22, 2016. EPA did not
enforced, and maintained in South receive any comments, adverse or
On December 14, 2012 (78 FR 3086, otherwise.
Carolina. EPA has determined that January 15, 2013), EPA promulgated a
portions of South Carolina’s SIP satisfy II. Final Action
nlaroche on DSK30NT082PROD with RULES
revised primary annual PM2.5 NAAQS.
certain required infrastructure elements The standard was strengthened from With the exception of the interstate
for the 2012 Annual PM2.5 NAAQS. 15.0 micrograms per cubic meter (mg/ transport requirements of section
DATES: This rule is effective May 8, m3) to 12.0 mg/m3. Pursuant to section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
2017. 110(a)(1) of the CAA, States are required and 4), EPA is taking final action to
ADDRESSES: EPA has established a to submit SIPs meeting the applicable approve South Carolina’s infrastructure
docket for this action under Docket requirements of section 110(a)(2) within submission for the 2012 Annual PM2.5
VerDate Sep<11>2014 18:05 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1](https://thefederalregister.org/doc/82_FR_16993/page/4.svg)
Document Created: 2017-04-06 23:49:18
Document Modified: 2017-04-06 23:49:18
| 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 | Direct final rule. | |
| Dates | This direct final rule is effective June 6, 2017 without further notice, unless EPA receives adverse comment by May 8, 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 | D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 and via electronic mail at [email protected] | |
| FR Citation | 82 FR 16927 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Reporting and Recordkeeping Requirements |
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