82 FR 18268 - Determination of Attainment by the Attainment Date for the 2008 Ozone Standard; Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE Nonattainment Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 73 (April 18, 2017)
Federal Register Volume 82, Issue 73 (April 18, 2017)
| Page Range | 18268-18272 | |
| FR Document | 2017-07826 |
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)] [Proposed Rules] [Pages 18268-18272] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07826] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0638; FRL-9960-02-Region 3] Determination of Attainment by the Attainment Date for the 2008 Ozone Standard; Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to determine that the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE marginal ozone nonattainment area (the Philadelphia Area) has attained the 2008 ozone national ambient air quality standard (NAAQS) by the July 20, 2016 attainment date. This proposed determination is based on complete, certified, and quality assured ambient air quality monitoring data for the Philadelphia Area for the 2013-2015 monitoring period. This proposed determination does not constitute a redesignation to attainment. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before May 18, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2016-0638 at https://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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, please contact the person identified in the ``For Further Information Contact'' section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background A. Statutory Requirement--Determination of Attainment by the Attainment Date Section 181(b)(2) of the CAA requires EPA to determine, within 6 months of an ozone nonattainment area's attainment date, whether that area attained the ozone standard by that date. Section 181(b)(2) of the CAA also requires that areas that have not attained the standard by their attainment deadlines be reclassified to either the next higher classification (e.g., marginal to moderate, moderate to serious, etc.) or to the classifications applicable to the areas' design values in Table 1 of 40 CFR 51.1103. CAA section 181(a)(5) provides a mechanism by which the EPA Administrator may grant a 1-year extension of an area's attainment deadline, provided that the relevant states meet certain criteria. B. The Philadelphia Area and Its Attainment Date On July 18, 1997 at 62 FR 38855, EPA promulgated a revised ozone NAAQS of 0.08 parts per million (ppm), averaged over eight hours. This standard was determined to be more protective of public health than the previous 1979 1-hour ozone standard. In 2008, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm (the 2008 ozone NAAQS). See 73 FR 16436 (March 27, 2008). In a May 21, 2012 final rule, the Philadelphia Area was designated as marginal nonattainment for the more stringent 2008 ozone NAAQS, effective on July 20, 2012. 77 FR 30088, 30143. [[Page 18269]] The Philadelphia Area consists of Bucks, Chester, Delaware, Montgomery and Philadelphia Counties in Pennsylvania; Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean and Salem Counties in New Jersey; Cecil County, Maryland; and New Castle County in Delaware. See 40 CFR 81.331, 81.339, 81.321, and 81.308.\1\ --------------------------------------------------------------------------- \1\ In 2015, EPA revised the 8-hour ozone NAAQS from 0.075 ppm to 0.070 ppm (the 2015 ozone NAAQS). See 80 FR 65292 (October 26, 2015). The initial area designations for the 2015 ozone NAAQS are required by October 2017. Those designations will be based on ambient air quality monitoring data for the 2014-2016 monitoring period. This proposed rulemaking action does not address the 2015 ozone NAAQS. --------------------------------------------------------------------------- In a separate rulemaking action, also published on May 21, 2012 and effective on July 20, 2012, EPA established the air quality thresholds that define the classifications assigned to all nonattainment areas for the 2008 ozone NAAQS (the Classifications Rule). See 77 FR 30160. This rule also established December 31 of each relevant calendar year as the attainment date for all nonattainment area classification categories. Section 181 of the CAA provides that the attainment deadline for ozone nonattainment areas is ``as expeditiously as practicable'' but no later than the prescribed dates provided in Table 1 of that section. In the Classifications Rule, EPA translated the deadlines in Table 1 of CAA section 181 for purposes of the 2008 standard by measuring those deadlines from the effective date of the new designations, but extended those deadlines by several months to December 31 of the corresponding calendar year. Pursuant to a challenge of EPA's interpretation of the attainment deadlines, on December 23, 2014, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a decision rejecting, among other things, the Classifications Rule's attainment deadlines for the 2008 ozone nonattainment areas. NRDC v. EPA, 777 F.3d 456, 464- 69 (D.C. Cir. 2014). The D.C. Circuit ruled that EPA did not have statutory authority under the CAA to extend those deadlines to the end of the calendar year. Accordingly, as part of the final rule, ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan (SIP) Requirements,'' for the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) (hereinafter, SIP Requirements Rule), EPA modified the maximum attainment dates for all nonattainment areas for the 2008 ozone NAAQS, consistent with the D.C. Circuit's decision. The SIP Requirements Rule established a maximum deadline for marginal nonattainment areas of three years from the effective date of designation, or July 20, 2015, to attain the 2008 ozone NAAQS. See 80 FR at 12268; 40 CFR 51.1103. In a final rulemaking action published on May 4, 2016, EPA determined that the Philadelphia Area did not attain the 2008 ozone NAAQS by its July 20, 2015 attainment date, based on ambient air quality monitoring data for the 2012 through 2014 monitoring period. In that same action, EPA determined that the Philadelphia Area qualified for a 1-year extension of its attainment date, as provided in section 181(a)(5) of the CAA and interpreted by regulation at 40 CFR 51.1107, and granted the requested extension. EPA established the new attainment date for the Philadelphia Area as July 20, 2016 to be based on ambient air quality monitoring data for the 2013-2015 monitoring period. See 81 FR 26697 (May 4, 2016).\2\ --------------------------------------------------------------------------- \2\ On July 5, 2016, the State of Delaware filed a petition for review (the Petition) of that portion of EPA's May 4, 2016 final rule granting the Philadelphia Area a 1-year extension of the 2008 ozone NAAQS attainment date, under CAA 181(a)(5), 42 U.S.C. 7511(a)(5), from July 20, 2015, to July 20, 2016. The Petition was filed in the U.S. Court of Appeals for the District of Columbia Circuit. See State of Delaware Department of Natural Resources & Environmental Control v. United States Environmental Protection Agency, No. 16-1230. --------------------------------------------------------------------------- II. EPA's Analysis of the Relevant Air Quality Data Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone NAAQS is attained at a monitoring site when the three-year average of the annual fourth highest daily maximum 8-hour average ambient air quality ozone concentration is less than or equal to 0.075 ppm. This three-year average is referred to as the design value. When the design value is less than or equal to 0.075 ppm at each ambient air quality monitoring site within the area, then the area is deemed to be meeting the NAAQS. 40 CFR part 50, appendix P dictates that concentrations shall be reported in ppm to the third decimal place, with additional digits to the right being truncated. Thus, a computed three-year average ozone concentration of 0.0759 ppm or lower would meet the standard, but 0.0760 ppm or higher is over the standard. EPA's proposed determination of attainment for the Philadelphia Area is based upon data that has been collected and quality-assured in accordance with 40 CFR part 58 and recorded in EPA's Air Quality System (AQS) database. Ambient air quality monitoring data for the three-year period must also meet a data completeness requirement. 40 CFR part 50, appendix P. The ambient air quality monitoring data completeness requirement is met when the three-year average of the percent (%) of required monitoring days with valid ambient monitoring data is greater than 90%, and no single year has less than 75% data completeness, as determined according to 40 CFR part 50, appendix P. Tables 1 and 2 show the data completeness and ozone design values, respectively, for each of the 18 monitors in the Philadelphia Area for years 2013 through 2015. Table 1--2013-2015 Philadelphia Area Ozone Monitor Data Completeness ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Percent data completeness 2013-2015 ------------------------------------------------ average State County Site ID percent Comment 2013 2014 2015 completeness ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Delaware................................. New Castle.................. 100031007 97 94 100 97 ....................................... 100031010 77 74 91 81 Incomplete \a\. 100031013 91 99 93 94 ....................................... 100032004 86 83 87 85 Incomplete \a\. Maryland................................. Cecil....................... 240150003 98 95 89 94 ....................................... New Jersey............................... Atlantic.................... 340010006 96 99 96 97 ....................................... New Jersey............................... Camden...................... 340070002 100 100 100 100 ....................................... New Jersey............................... Camden...................... 340071001 96 100 97 98 ....................................... New Jersey............................... Cumberland.................. 340110007 99 100 99 99 ....................................... New Jersey............................... Gloucester.................. 340150002 99 84 96 93 ....................................... [[Page 18270]] New Jersey............................... Mercer...................... 340210005 100 100 99 100 ....................................... New Jersey............................... Mercer...................... 340219991 92 100 99 97 ....................................... New Jersey............................... Ocean....................... 340290006 100 100 100 100 ....................................... Pennsylvania............................. Bucks....................... 420170012 100 99 96 98 ....................................... Pennsylvania............................. Chester..................... 420290100 100 94 97 97 ....................................... Pennsylvania............................. Delaware.................... 420450002 100 98 96 98 ....................................... Pennsylvania............................. Montgomery.................. 420910013 100 99 99 99 ....................................... Pennsylvania............................. Philadelphia................ 421010004 100 98 100 99 ....................................... Pennsylvania............................. Philadelphia................ 421010024 97 94 100 97 ....................................... Pennsylvania............................. Philadelphia................ 421010048 6 93 98 66 Site began operation October 2013 \b\. Pennsylvania............................. Philadelphia................ 421011002 82 .............. .............. 27 Site shut down in July 2013 \b\. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Notes: a. Monitoring data at these sites does not meet completeness criteria set forth in 40 CFR part 50 Appendix P, section 2.3(b). b. The monitoring site shutdowns and startups are included in the City of the Philadelphia's Air Management Services (AMS) July 2013 Annual Network Plan. AMS submitted the monitoring plan to EPA on July 1, 2013, and EPA approved it on December 10, 2013. As shown in Table 1, two monitoring sites in Philadelphia County do not meet the completeness criteria set out in 40 CFR part 50, appendix P. However, the reasons for the completeness issues were the shutdown of one monitor and startup of another monitor that were approved by EPA in the City of Philadelphia's AMS July 2013 Annual Network Plan. Because three years of complete data is not possible at these monitoring sites, EPA does not look for valid design values at these sites. Table 1 also shows that two monitors in New Castle County, Delaware, AQS ID # 100031010 (also known as the ``Brandywine'' monitor), and AQS ID # 100032004 (also known as the ``MLK'' monitor), which are maintained by the Delaware Department of Natural Resources and Environmental Control (DNREC), had insufficient data in the 2013 through 2015 period to meet the data completeness requirements in 40 CFR part 50, appendix P. As stated previously, the three-year average of the percent of required monitoring days with valid ambient monitoring data must be greater than 90%, with no single year having less than 75% data completeness. The ozone season for the Philadelphia Area \3\ runs from April 1 through October 31. Therefore, a complete ozone season for this area contains 214 possible monitoring days, with at least 160 days of valid ozone season ambient monitoring data needed to meet the 75% data completeness requirement. Because of missed monitoring days at the Brandywine and MLK monitors (AQS ID # 100031010 and # 100032004), the design value for these two monitors would not be considered valid without further measures being taken to meet the data completeness requirements for these two monitors. Therefore, EPA conducted an analysis of the meteorological data and a regression analysis in order to meet the data completeness requirements for the Brandywine and MLK monitors. EPA also conducted a substitution analysis as a check on the validity of the meteorological analysis and regression analysis. Using these methods, EPA was able to ``add'' enough ozone season days for each of the two monitors to meet the data completeness requirements of 40 CFR part 50, appendix P. Further detail on the missing monitor data at these two Delaware monitors and on the data completeness analysis undertaken by EPA for those monitors is provided in the January 10, 2017 Technical Support Document (TSD) prepared by EPA. This TSD is included in the docket for this rulemaking (EPA-R03-OAR-2016-0638) and is also available online at www.regulations.gov. --------------------------------------------------------------------------- \3\ 40 CFR part 58, appendix D specifies the applicable ``ozone season'' for the Philadelphia Area. --------------------------------------------------------------------------- After ensuring data completeness for those two Delaware monitors (AQS ID # 100031010 and # 100032004), EPA reviewed the ozone ambient air quality monitoring data for the monitoring period from 2013 through 2015 for all the monitors in the Philadelphia Area, as recorded in the AQS database, in accordance with the requirements of 40 CFR part 50. As shown in Table 2, below, all 2013-2015 design values are less than or equal to 0.075 ppm. Therefore, EPA concludes the Philadelphia Area has attained the 2008 ozone NAAQS by July 20, 2016 based upon monitored ozone data for the 2013 through 2015 period in accordance with requirements in 40 CFR part 50. Table 2--2013-2015 Philadelphia Area 2008 Ozone Design Values -------------------------------------------------------------------------------------------------------------------------------------------------------- 4th highest daily maximum 2013-2015 State County Site ID ------------------------------------------------ Design value 2013 2014 2015 (ppm) -------------------------------------------------------------------------------------------------------------------------------------------------------- Delaware.................................. New Castle.................. 100031007 0.062 0.071 0.065 0.066 100031010 0.063 0.074 0.071 \a\ 0.069 100031013 0.067 0.069 0.069 0.068 100032004 0.067 0.068 0.072 \a\ 0.069 Maryland.................................. Cecil....................... 240150003 0.072 0.074 0.074 0.073 New Jersey................................ Atlantic.................... 340010006 0.070 0.061 0.068 0.066 [[Page 18271]] New Jersey................................ Camden...................... 340070002 0.065 0.068 0.079 0.070 New Jersey................................ Camden...................... 340071001 0.068 0.068 0.072 0.069 New Jersey................................ Cumberland.................. 340110007 0.061 0.067 0.068 0.065 New Jersey................................ Gloucester.................. 340150002 0.073 0.070 0.076 0.073 New Jersey................................ Mercer...................... 340210005 0.070 0.071 0.073 0.071 New Jersey................................ Mercer...................... 340219991 0.069 0.071 0.075 0.071 New Jersey................................ Ocean....................... 340290006 0.070 0.072 0.075 0.072 Pennsylvania.............................. Bucks....................... 420170012 0.073 0.071 0.082 0.075 Pennsylvania.............................. Chester..................... 420290100 0.068 0.071 0.068 0.069 Pennsylvania.............................. Delaware.................... 420450002 0.069 0.073 0.074 0.072 Pennsylvania.............................. Montgomery.................. 420910013 0.069 0.072 0.073 0.071 Pennsylvania.............................. Philadelphia................ 421010004 0.047 0.058 0.057 0.054 Pennsylvania.............................. Philadelphia................ 421010024 0.068 0.072 0.079 0.073 Pennsylvania.............................. Philadelphia................ 421010048 0.036 0.068 0.078 .............. Pennsylvania.............................. Philadelphia................ 421011002 0.071 .............. .............. .............. -------------------------------------------------------------------------------------------------------------------------------------------------------- Notes: a. Monitoring data at these sites did not meet completeness criteria set forth in 40 CFR part 50 Appendix P 2.3(b) prior to EPA undertaking the analyses set forth in the TSD. EPA acknowledges that preliminary 2014 through 2016 ambient air quality monitoring data, which has not been quality assured or certified, shows potential violations of the 2008 ozone NAAQS in the Philadelphia Area.\4\ However, this does not affect EPA's proposed determination of attainment by the attainment date for section 181(b)(2) of the CAA. This determination for section 181(b)(2) is an evaluation of the Philadelphia Area's design value as of its attainment date, July 20, 2016, considering 2013-2015 ozone monitored data, and does not consider air quality monitoring data from any other monitoring period. --------------------------------------------------------------------------- \4\ On January 19, 2017, EPA received an email request from the Pennsylvania Department of Environmental Protection (PADEP) requesting EPA remove certain data from the PADEP Philadelphia monitors based on exceptional events. EPA is considering PADEP's request related to monitoring data for 2016, but has not taken further action at this time. --------------------------------------------------------------------------- III. Proposed Action EPA evaluated ozone data from air quality monitors in the Philadelphia Area in order to determine the Area's attainment status under the 2008 ozone NAAQS. State and local agencies responsible for ozone air monitoring networks supplied and quality assured the data. All the monitoring sites in the Philadelphia Area had design values equal to or less than 0.075 ppm based on the 2013 through 2015 monitoring period. Considering that review, EPA concludes that this area attained the 2008 ozone NAAQS based on complete, quality assured and certified data for the 2013 through 2015 ozone seasons. Thus, EPA proposes to determine, in accordance with its statutory obligations under section 181(b)(2)(A) of the CAA, that the Philadelphia Area attained the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016. EPA's proposed determination is in accordance with applicable regulatory requirements under 81 FR 26697 (with respect to issuance of the 1-year extension of the attainment date for Philadelphia Area) and with the related provisions of the SIP Requirements Rule (40 CFR 51.1103). This proposed determination of attainment does not constitute a redesignation to attainment. Redesignations require states to meet a number of additional criteria, including EPA approval of a state plan to maintain the air quality standard for 10 years after redesignation. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews This rulemaking action proposes to make a determination of attainment of the 2008 ozone NAAQS based on air quality and, if finalized, would not impose additional requirements. For that reason, this proposed determination of attainment: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, this proposed rulemaking to determine that the Philadelphia Area attained the 2008 ozone NAAQS by its July 20, 2016 attainment date does not have tribal implications, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because this proposed determination of attainment does not apply in Indian country located in the states and because EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. [[Page 18272]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Ozone, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: March 2, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. Dated: March 1, 2017. Catherine McCabe, Acting Regional Administrator, Region II. [FR Doc. 2017-07826 Filed 4-17-17; 8:45 am] BILLING CODE 6560-50-P
![18268 Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Proposed Rules
DEPARTMENT OF HEALTH AND circumstances exist. If FDA determines confidential business information (CBI)
HUMAN SERVICES a categorical exclusion applies, neither or other information whose disclosure is
an environmental assessment nor an restricted by statute. Multimedia
Food and Drug Administration environmental impact statement is submissions (audio, video, etc.) must be
required. If FDA determines a accompanied by a written comment.
21 CFR Part 573 categorical exclusion does not apply, we The written comment is considered the
[Docket No. FDA–2017–F–0969] will request an environmental official comment and should include
assessment and make it available for discussion of all points you wish to
Canadian Oilseed Processor public inspection. make. EPA will generally not consider
Association; Filing of Food Additive Dated: April 12, 2017. comments or comment contents located
Petition (Animal Use) outside of the primary submission (i.e.
Anna K. Abram,
on the web, cloud, or other file sharing
AGENCY: Food and Drug Administration, Deputy Commissioner for Policy, Planning, system). For additional submission
HHS. Legislation, and Analysis.
methods, please contact the person
[FR Doc. 2017–07770 Filed 4–17–17; 8:45 am]
ACTION: Notice of petition. identified in the ‘‘For Further
BILLING CODE 4164–01–P Information Contact’’ section. For the
SUMMARY: The Food and Drug full EPA public comment policy,
Administration (FDA or we) is information about CBI or multimedia
announcing that the Canadian Oilseed ENVIRONMENTAL PROTECTION submissions, and general guidance on
Processors Association has filed a AGENCY making effective comments, please visit
petition proposing that the food additive https://www.epa.gov/dockets/
regulations be amended to provide for 40 CFR Part 52 commenting-epa-dockets.
the safe use of spent bleaching clay as [EPA–R03–OAR–2016–0638; FRL–9960–02– FOR FURTHER INFORMATION CONTACT:
a flow agent in canola meal for all Region 3] Gregory Becoat, (215) 814–2036, or by
livestock and poultry species. email at becoat.gregory@epa.gov.
Additionally, the petition proposes that Determination of Attainment by the
SUPPLEMENTARY INFORMATION:
the existing regulations be amended to Attainment Date for the 2008 Ozone
provide for the safe use of silicon Standard; Philadelphia-Wilmington- I. Background
dioxide and diatomaceous earth for use Atlantic City, PA–NJ–MD–DE A. Statutory Requirement—
as components of spent beaching clay. Nonattainment Area Determination of Attainment by the
DATES: The food additive petition was AGENCY: Environmental Protection Attainment Date
filed on December 20, 2016. Agency (EPA). Section 181(b)(2) of the CAA requires
FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule. EPA to determine, within 6 months of
Chelsea Trull, Center for Veterinary an ozone nonattainment area’s
Medicine, Food and Drug SUMMARY: The Environmental Protection
attainment date, whether that area
Administration, 7519 Standish Pl., Agency (EPA) is proposing to determine
attained the ozone standard by that date.
Rockville, MD 20855, 240–402–6729, that the Philadelphia-Wilmington-
Section 181(b)(2) of the CAA also
Chelsea.trull@fda.hhs.gov. Atlantic City, PA–NJ–MD–DE marginal
requires that areas that have not attained
SUPPLEMENTARY INFORMATION: Under the ozone nonattainment area (the
the standard by their attainment
Federal Food, Drug, and Cosmetic Act Philadelphia Area) has attained the
deadlines be reclassified to either the
(section 409(b)(5) (21 U.S.C. 348(b)(5)), 2008 ozone national ambient air quality
next higher classification (e.g., marginal
notice is given that a food additive standard (NAAQS) by the July 20, 2016
to moderate, moderate to serious, etc.)
petition (FAP 2299) has been filed by attainment date. This proposed
or to the classifications applicable to the
the Canadian Oilseed Processors determination is based on complete,
areas’ design values in Table 1 of 40
Association, 404–167 Lombard Ave., certified, and quality assured ambient
CFR 51.1103. CAA section 181(a)(5)
Winnipeg MB R3B 0T6, Canada. The air quality monitoring data for the
provides a mechanism by which the
petition proposes to amend Title 21 of Philadelphia Area for the 2013–2015
EPA Administrator may grant a 1-year
the Code of Federal Regulations (CFR) monitoring period. This proposed
extension of an area’s attainment
in part 573 Food Additives Permitted in determination does not constitute a
deadline, provided that the relevant
Feed and Drinking Water of Animals (21 redesignation to attainment. This action
states meet certain criteria.
CFR part 573) to provide for the safe use is being taken under the Clean Air Act
of spent bleaching clay as a flow agent (CAA). B. The Philadelphia Area and Its
in canola meal for all livestock and DATES: Written comments must be Attainment Date
poultry species. Additionally, the received on or before May 18, 2017. On July 18, 1997 at 62 FR 38855, EPA
submission proposes that the existing ADDRESSES: Submit your comments, promulgated a revised ozone NAAQS of
regulations be amended to provide for identified by Docket ID No. EPA–R03– 0.08 parts per million (ppm), averaged
the safe use of silicon dioxide (21 CFR OAR–2016–0638 at https:// over eight hours. This standard was
573.940) and diatomaceous earth (21 www.regulations.gov, or via email to determined to be more protective of
CFR 573.340) for use as components of rehn.brian@epa.gov. For comments public health than the previous 1979 1-
sradovich on DSK3GMQ082PROD with PROPOSALS2
spent beaching clay. submitted at Regulations.gov, follow the hour ozone standard. In 2008, EPA
The petitioner has claimed that this online instructions for submitting revised the 8-hour ozone NAAQS from
action is categorically excluded under comments. Once submitted, comments 0.08 to 0.075 ppm (the 2008 ozone
21 CFR 25.32(r) because it is of a type cannot be edited or removed from NAAQS). See 73 FR 16436 (March 27,
that does not individually or Regulations.gov. For either manner of 2008). In a May 21, 2012 final rule, the
cumulatively have a significant effect on submission, EPA may publish any Philadelphia Area was designated as
the human environment. In addition, comment received to its public docket. marginal nonattainment for the more
the petitioner has stated that, to their Do not submit electronically any stringent 2008 ozone NAAQS, effective
knowledge, no extraordinary information you consider to be on July 20, 2012. 77 FR 30088, 30143.
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![18272 Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Proposed Rules
List of Subjects in 40 CFR Part 52 discussion of all points you wish to the preconstruction permit requirements
Environmental protection, Air make. EPA will generally not consider under VADEQ’s major NSR permit
pollution control, Ozone, Incorporation comments or comment contents located program. The revision affects sources
by reference, Intergovernmental outside of the primary submission (i.e. subject to VADEQ’s Prevention of
relations, Reporting and recordkeeping on the web, cloud, or other file sharing Significant Deterioration (PSD) program,
requirements. system). For additional submission which applies in areas which are in
methods, please contact the person attainment with (or unclassifiable for)
Authority: 42 U.S.C. 7401 et seq. identified in the ‘‘For Further the NAAQS, as well as affecting sources
Dated: March 2, 2017. Information Contact’’ section. For the subject to its nonattainment NSR permit
Cecil Rodrigues, full EPA public comment policy, program, applicable in areas not in
Acting Regional Administrator, Region III. information about CBI or multimedia attainment with the NAAQS. By letter
submissions, and general guidance on dated March 1, 2017, VADEQ officially
Dated: March 1, 2017.
making effective comments, please visit withdrew a small and specific portion of
Catherine McCabe,
http://www2.epa.gov/dockets/ the October 16, 2015 submittal from
Acting Regional Administrator, Region II. consideration for approval into the
commenting-epa-dockets.
[FR Doc. 2017–07826 Filed 4–17–17; 8:45 am] Virginia SIP. A copy of the letter has
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
David Talley, (215) 814–2117, or by been included in the docket for this
email at talley.david@epa.gov. action. Further discussion of the
withdrawal is provided in section II.A
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
of this notice.
AGENCY I. Background II. Summary of SIP Revision and EPA
40 CFR Part 52 The CAA’s NSR programs are Analysis
preconstruction review and permitting Generally, the October 16, 2015 SIP
[EPA–R03–OAR–2016–0052; FRL–9961–50-
programs applicable to new and submittal revision (as amended March
Region 3]
modified stationary sources of air 1, 2017) (hereinafter referred to as the
Approval and Promulgation of Air pollutants regulated under the CAA. 2015 NSR SIP Revision) is intended to
Quality Implementation Plans; Virginia; The NSR programs of the CAA include make the Virginia Administrative Code
Major New Source Review a combination of air quality planning regulations at 9VAC5 consistent with
and air pollution control technology the federal NSR program at 40 CFR
AGENCY: Environmental Protection program requirements. Briefly, section 51.165 and 51.166. The specific changes
Agency (EPA). 109 of the CAA requires EPA to to 9VAC5 are intended to: (1) Allow the
ACTION: Proposed rule. promulgate primary national ambient use of a 10-year lookback period to
air quality standards (NAAQS) to calculate pre-change emissions for
SUMMARY: The Environmental Protection
protect public health and secondary sources other than electric utility steam
Agency (EPA) is proposing to approve
NAAQS to protect public welfare. Once generating units (EGUs); (2) Allow the
revisions to the Commonwealth of
EPA sets those standards, states must use of different lookback periods for
Virginia state implementation plan
develop, adopt, and submit to EPA for different regulated NSR pollutants; (3)
(SIP). The revisions amend Virginia’s
approval a SIP that contains emissions Extend the effective period for
major source New Source Review (NSR)
limitations and other control measures plantwide applicability limits (PALs) to
regulations to make them consistent
to attain and maintain the NAAQS. 10 years; and, (4) Allow replacement
with the federal program. EPA is
Pursuant to section 110, each SIP is units to be treated as existing units, and
proposing to approve these revisions to
required to contain a preconstruction thus provide the ability to use baseline
the Virginia SIP in accordance with the
review program for the construction and actual and projected actual emissions
requirements of the Clean Air Act
modification of any stationary source of when determining applicability.
(CAA).
air pollution to assure that the NAAQS Additionally, there are a number of
DATES: Written comments must be are achieved and maintained; to protect minor changes which are strictly
received on or before May 18, 2017. areas of clean air; to protect air quality- administrative in nature, consisting of
ADDRESSES: Submit your comments, related values (such as visibility) in small grammatical revisions, or re-
identified by Docket ID No. EPA–R03– national parks and other areas; to assure numbering. EPA is proposing to approve
OAR–2016–0052 at http:// that appropriate emissions controls are VADEQ’s 2015 NSR SIP Revision as a
www.regulations.gov, or via email to applied; to maximize opportunities for revision to the Virginia SIP because it
miller.linda@epa.gov. For comments economic development consistent with meets the federal requirements of 40
submitted at Regulations.gov, follow the the preservation of clean air resources; CFR 51.165 and 51.165, and CAA
online instructions for submitting and, to ensure that any decision to sections 110(a) and 173. Additionally,
comments. Once submitted, comments increase air pollution is made only after the revisions are in accordance with
cannot be edited or removed from full public consideration of the section 110(l) of the CAA because they
Regulations.gov. For either manner of consequences of the decision. Section will not interfere with any applicable
submission, EPA may publish any 172 of the CAA requires a permit requirement concerning attainment and
comment received to its public docket. program in areas which are not attaining reasonable further progress, or any other
sradovich on DSK3GMQ082PROD with PROPOSALS2
Do not submit electronically any the NAAQS, and section 173 provides applicable CAA requirement.
information you consider to be the specific requirements for that permit
confidential business information (CBI) program. A. Baseline Actual Emissions
or other information whose disclosure is On October 16, 2015, the Virginia NSR applicability is determined by
restricted by statute. Multimedia Department of Environmental Quality comparing the pre-change emissions of
submissions (audio, video, etc.) must be (VADEQ), on behalf of the the project to the post-change emissions
accompanied by a written comment. Commonwealth of Virginia, submitted a and determining whether the net
The written comment is considered the formal revision to the Virginia SIP. The increase is ‘‘significant.’’ For new units,
official comment and should include SIP revision consists of amendments to pre-change (baseline) emissions are
VerDate Sep<11>2014 15:58 Apr 17, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\18APP1.SGM 18APP1](https://thefederalregister.org/doc/82_FR_18341/page/5.svg)
Document Created: 2017-04-18 00:00:11
Document Modified: 2017-04-18 00:00:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before May 18, 2017. | |
| Contact | Gregory Becoat, (215) 814-2036, or by email at [email protected] | |
| FR Citation | 82 FR 18268 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Ozone; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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