82 FR 20274 - Air Plan Approval; Rhode Island; Repeal of NOX
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 82 (May 1, 2017)
Federal Register Volume 82, Issue 82 (May 1, 2017)
| Page Range | 20274-20276 | |
| FR Document | 2017-08655 |
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)] [Rules and Regulations] [Pages 20274-20276] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08655] [[Page 20274]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2016-0092; FRL-9961-57-Region 1] Air Plan Approval; Rhode Island; Repeal of NOX Budget Trading Program AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. This revision removes Air Pollution Control (APC) Regulation 41, entitled ``NOX Budget Trading Program'' (Rhode Island NBP) from the Rhode Island SIP. The Rhode Island NBP was a market-based cap and trade program, which was created to reduce emissions of nitrogen oxides (NOX ) from power plants and other large combustion sources in response to EPA's 1998 NOX SIP Call. By 2009, EPA's Clean Air Interstate Rule (CAIR) had effectively replaced NOX Budget Trading Programs in eastern states. CAIR has since been replaced by the Cross-State Air Pollution Rule (CSAPR), which was first implemented on January 1, 2015. Rhode Island was not covered by CAIR or CSAPR. The State's NBP was repealed under state law effective July 29, 2014. The five sources meeting the Rhode Island NBP applicability criteria have Title V permits, which contain SIP-derived NOX emissions limits, that limit their NOX emissions below the maximum emissions (936 tons) that were allowed under the Rhode Island NBP and, therefore, the requirements of the NOX SIP Call are satisfied by the emissions limits contained in those sources' permits. This renders Regulation 41 unnecessary. This action is being taken in accordance with the Clean Air Act. DATES: This direct final rule will be effective June 30, 2017, unless EPA receives adverse comments by May 31, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01- OAR-2016-0092 at http://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, the 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. The 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: Alison C. Simcox, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1684, fax number (617) 918- 0684, email [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. Background and Purpose II. EPA's Evaluation of Rhode Island's SIP Revision III. Final Action IV. Statutory and Executive Order Reviews I. Background and Purpose On October 6, 2014, Rhode Island submitted a formal revision to its State Implementation Plan (SIP). The SIP revision consists of a request to remove from its SIP Air Pollution Control (APC) Regulation 41, entitled ``NOX Budget Trading Program'' (Rhode Island NBP). The regulation is no longer needed as the subject facilities' Title V permits, which contain SIP-derived NOX emissions limits, collectively contain maximum allowable emission limitations (682 tons) that are significantly lower than the 936-ton limit in the EPA-approved Rhode Island NBP. In addition, any new sources that would be constructed are subject to the state's new source review program, which has been approved by EPA into the Rhode Island SIP (64 FR 67500; December 2, 1999). Rhode Island's NBP was a market-based cap and trade program, which was created to reduce emissions of NOX from power plants and other large combustion sources in response to EPA's NOX SIP Call (63 FR 57356; October 27, 1998). The NOX SIP call originally required 22 States, including Rhode Island, and the District of Columbia to meet statewide NOX emission budgets during each ozone season (May 1 to October 1) beginning in 2003. In February 1999, Rhode Island, Massachusetts, and Connecticut signed a memorandum of understanding agreeing to distribute the Electric Generating Unit (EGU) portions of the three states' budgets amongst themselves. Therefore, Rhode Island's SIP submittal for its Regulation 41 ``NOX Budget Trading Program'' (Rhode Island NBP) to meet NOX SIP Call requirements was approved at the same time as those from Massachusetts and Connecticut (65 FR 81743; December 27, 2000). Sources covered by the Rhode Island NBP include sources with a nameplate capacity greater than 15 megawatts electric (MWe) or with a maximum design heat input greater than 250 million British thermal units per hour (MMBtu/hr). The five sources meeting the NBP applicability criteria are Ocean State Power, Pawtucket Power Associates, Dominion Energy Manchester Street, Inc., Tiverton Power Inc., and Entergy Rhode Island State Energy, L.P. The EPA-approved Rhode Island NBP set the total NOX emission budget for all applicable sources for each control period (i.e., the May through October ozone season) at 936 tons. In May 2005, EPA issued the Clean Air Interstate Rule (CAIR) (70 FR 25162; May 12, 2005), which covered 27 eastern states and the District of Columbia. CAIR used a cap and trade program to reduce sulfur dioxide (SO2 ) and NOX emissions from power plants and other large combustion sources to meet the 1997 annual and 24-hour fine particle (PM2.5 ) and 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). By 2009, CAIR had replaced NBPs for CAIR states. CAIR was subsequently replaced by the Cross-State Air Pollution Rule (CSAPR) (76 FR 48208; August 8, 2011). CSAPR implementation began on January 1, 2015. EPA revised the CSAPR ozone-season NOX program by issuing an update to CSAPR for the 2008 ozone NAAQS, known as the CSAPR Update [[Page 20275]] (81 FR 74504; October 26, 2016). The CSAPR Update will largely replace the original CSAPR ozone-season NOX program on May 1, 2017. Rhode Island was not covered by CAIR, CSAPR, or the CSAPR Update. However, neither CAIR nor CSAPR preempted or replaced the underlying requirements of the NOX SIP Call and, therefore, Rhode Island remains subject to those requirements. In order for Rhode Island to be able to remove its NBP from the SIP, the state has demonstrated that its total NOX emission limitation under its NBP (936 tons during each ozone-season control period) would be retained. As noted earlier, all of the sources meeting the Rhode Island NBP applicability criteria have Title V permits, which contain SIP-derived NOX emissions limits, that collectively limit their allowable NOX emissions to amounts below 936 tons, and these sources also remain subject to adequate monitoring, recordkeeping and reporting requirements. On April 7, 2014, Rhode Island Department of Environmental Management (RI DEM) proposed to repeal APC Regulation No. 41 ``NOX Budget Trading Program'' and offered the public an opportunity to schedule a public hearing on or before May 8, 2014. No requests for a public hearing were requested, and repeal of this regulation under state law became effective on July 29, 2014. On October 6, 2014, RI DEM submitted a SIP revision to EPA to remove APC Regulation No. 41 from the Rhode Island SIP. II. EPA's Evaluation of Rhode Island's SIP Revision EPA has reviewed the Title V permits, and NOX emissions limits contained therein, for the five sources that meet the Rhode Island NBP applicability criteria: Ocean State Power, Pawtucket Power Associates, Dominion Energy Manchester Street, Inc., Tiverton Power Inc., and Entergy Rhode Island State Energy, L.P. These permits, which include emissions limits, and a technical support document (TSD) supporting EPA's evaluation are available in the docket for today's action. The maximum allowable NOX emissions from the five Rhode Island sources during any ozone-season control period under the Title V permits were calculated using the following conservative assumptions: (1) All units are operating at maximum capacity; and (2) all units are operating at all times throughout the ozone season. As detailed in the TSD, the maximum allowable NOX emissions were calculated to be 682 tons, well below the 936 tons allowed under the Rhode Island NBP. These calculated emissions were also compared to these sources' actual emissions during 2016, the most recent year for which emissions data is available from EPA's Clean Air Markets at https://ampd.epa.gov/ampd/. A spreadsheet showing this data is included in the docket for today's action. Actual 2016 ozone-season NOX emissions for the five sources were 221 tons, significantly below both the 682 tons allowed under the Title V permits and the 936 tons allowed under the Rhode Island NBP. Therefore, the state has been meeting, and will continue to meet, the requirements of the NOX SIP Call. Furthermore, as Rhode Island is meeting the requirements of the NOX SIP call through the implementation of the facilities' permitted NOX emissions limits, removing APC Regulation No. 41 from the Rhode Island SIP will not interfere with any applicable requirement concerning attainment of the NAAQS, reasonable further progress, or any other applicable Clean Air Act requirement; i.e., the SIP revision meets the Clean Air Act's section 110(l) anti-backsliding requirements. In addition, any new sources that would be constructed would be subject to the state's new source review program which has been approved by EPA into the Rhode Island SIP (64 FR 67500; December 2, 1999). Accordingly, EPA is approving the removal of APC Regulation No. 41 from the Rhode Island SIP. III. Final Action EPA is approving Rhode Island's request, submitted to EPA on October 6, 2014, to remove from the Rhode Island SIP APC Regulation No. 41 ``NOX Budget Trading Program.'' The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment 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 relevant adverse comments be filed. This rule will be effective June 30, 2017 without further notice unless the Agency receives relevant adverse comments by May 31, 2017. If the EPA receives such comments, then EPA will publish a notice 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. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on June 30, 2017 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. 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 [[Page 20276]] be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 30, 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, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: March 23, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations 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 OO--Rhode Island Sec. 52.2070 [Amended] 0 2. In Sec. 52.2070, in the table in paragraph (c), remove the entry ``Air Pollution Control Regulation 41''. [FR Doc. 2017-08655 Filed 4-28-17; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION cannot be edited or removed from state’s new source review program,
AGENCY Regulations.gov. For either manner of which has been approved by EPA into
submission, the EPA may publish any the Rhode Island SIP (64 FR 67500;
40 CFR Part 52 comment received to its public docket. December 2, 1999).
[EPA–R01–OAR–2016–0092; FRL–9961–57– Do not submit electronically any Rhode Island’s NBP was a market-
Region 1] information you consider to be based cap and trade program, which
Confidential Business Information (CBI) was created to reduce emissions of NOX
Air Plan Approval; Rhode Island; or other information whose disclosure is from power plants and other large
Repeal of NOX Budget Trading restricted by statute. Multimedia combustion sources in response to
Program submissions (audio, video, etc.) must be EPA’s NOX SIP Call (63 FR 57356;
accompanied by a written comment. October 27, 1998). The NOX SIP call
AGENCY: Environmental Protection originally required 22 States, including
The written comment is considered the
Agency. Rhode Island, and the District of
official comment and should include
ACTION: Direct final rule. Columbia to meet statewide NOX
discussion of all points you wish to
SUMMARY: The Environmental Protection make. The EPA will generally not emission budgets during each ozone
Agency (EPA) is approving a State consider comments or comment season (May 1 to October 1) beginning
Implementation Plan (SIP) revision contents located outside of the primary in 2003. In February 1999, Rhode
submitted by the State of Rhode Island. submission (i.e. on the web, cloud, or Island, Massachusetts, and Connecticut
This revision removes Air Pollution other file sharing system). For signed a memorandum of understanding
Control (APC) Regulation 41, entitled additional submission methods, please agreeing to distribute the Electric
‘‘NOX Budget Trading Program’’ (Rhode contact the person identified in the FOR Generating Unit (EGU) portions of the
Island NBP) from the Rhode Island SIP. FURTHER INFORMATION CONTACT section. three states’ budgets amongst
The Rhode Island NBP was a market- For the full EPA public comment policy, themselves. Therefore, Rhode Island’s
based cap and trade program, which information about CBI or multimedia SIP submittal for its Regulation 41 ‘‘NOX
was created to reduce emissions of submissions, and general guidance on Budget Trading Program’’ (Rhode Island
nitrogen oxides (NOX) from power making effective comments, please visit NBP) to meet NOX SIP Call
plants and other large combustion https://www.epa.gov/dockets/ requirements was approved at the same
sources in response to EPA’s 1998 NOX commenting-epa-dockets. time as those from Massachusetts and
SIP Call. By 2009, EPA’s Clean Air Connecticut (65 FR 81743; December 27,
FOR FURTHER INFORMATION CONTACT:
Interstate Rule (CAIR) had effectively 2000).
Alison C. Simcox, Air Quality Planning Sources covered by the Rhode Island
replaced NOX Budget Trading Programs Unit, U.S. Environmental Protection NBP include sources with a nameplate
in eastern states. CAIR has since been Agency, EPA New England Regional capacity greater than 15 megawatts
replaced by the Cross-State Air Office, 5 Post Office Square—Suite 100, electric (MWe) or with a maximum
Pollution Rule (CSAPR), which was first (Mail code OEP05–2), Boston, MA design heat input greater than 250
implemented on January 1, 2015. Rhode 02109–3912, telephone number (617) million British thermal units per hour
Island was not covered by CAIR or 918–1684, fax number (617) 918–0684, (MMBtu/hr). The five sources meeting
CSAPR. The State’s NBP was repealed email simcox.alison@epa.gov. the NBP applicability criteria are Ocean
under state law effective July 29, 2014. SUPPLEMENTARY INFORMATION: State Power, Pawtucket Power
The five sources meeting the Rhode Throughout this document whenever Associates, Dominion Energy
Island NBP applicability criteria have ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Manchester Street, Inc., Tiverton Power
Title V permits, which contain SIP- EPA. Inc., and Entergy Rhode Island State
derived NOX emissions limits, that limit Organization of this document. The Energy, L.P. The EPA-approved Rhode
their NOX emissions below the following outline is provided to aid in Island NBP set the total NOX emission
maximum emissions (936 tons) that locating information in this preamble. budget for all applicable sources for
were allowed under the Rhode Island
I. Background and Purpose each control period (i.e., the May
NBP and, therefore, the requirements of through October ozone season) at 936
the NOX SIP Call are satisfied by the II. EPA’s Evaluation of Rhode Island’s SIP
Revision tons.
emissions limits contained in those III. Final Action In May 2005, EPA issued the Clean
sources’ permits. This renders IV. Statutory and Executive Order Reviews Air Interstate Rule (CAIR) (70 FR 25162;
Regulation 41 unnecessary. This action May 12, 2005), which covered 27
is being taken in accordance with the I. Background and Purpose
eastern states and the District of
Clean Air Act. On October 6, 2014, Rhode Island Columbia. CAIR used a cap and trade
DATES: This direct final rule will be submitted a formal revision to its State program to reduce sulfur dioxide (SO2)
effective June 30, 2017, unless EPA Implementation Plan (SIP). The SIP and NOX emissions from power plants
receives adverse comments by May 31, revision consists of a request to remove and other large combustion sources to
2017. If adverse comments are received, from its SIP Air Pollution Control (APC) meet the 1997 annual and 24-hour fine
EPA will publish a timely withdrawal of Regulation 41, entitled ‘‘NOX Budget particle (PM2.5) and 1997 8-hour ozone
the direct final rule in the Federal Trading Program’’ (Rhode Island NBP). National Ambient Air Quality Standards
Register informing the public that the The regulation is no longer needed as (NAAQS). By 2009, CAIR had replaced
rule will not take effect. the subject facilities’ Title V permits, NBPs for CAIR states. CAIR was
ADDRESSES: Submit your comments, which contain SIP-derived NOX subsequently replaced by the Cross-
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identified by Docket ID No. EPA–R01– emissions limits, collectively contain State Air Pollution Rule (CSAPR) (76 FR
OAR–2016–0092 at http:// maximum allowable emission 48208; August 8, 2011). CSAPR
www.regulations.gov, or via email to limitations (682 tons) that are implementation began on January 1,
arnold.anne@epa.gov. For comments significantly lower than the 936-ton 2015. EPA revised the CSAPR ozone-
submitted at Regulations.gov, follow the limit in the EPA-approved Rhode Island season NOX program by issuing an
online instructions for submitting NBP. In addition, any new sources that update to CSAPR for the 2008 ozone
comments. Once submitted, comments would be constructed are subject to the NAAQS, known as the CSAPR Update
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![20276 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
be inconsistent with the Clean Air Act; List of Subjects in 40 CFR Part 52 the City of Philadelphia in the
and Environmental protection, Air Commonwealth of Pennsylvania. EPA is
• Does not provide EPA with the pollution control, Incorporation by accepting the negative declarations in
discretionary authority to address, as reference, Intergovernmental relations, accordance with the requirements of the
appropriate, disproportionate human Nitrogen dioxide, Ozone, Particulate CAA.
health or environmental effects, using matter, Reporting and recordkeeping DATES: This rule is effective on June 30,
practicable and legally permissible requirements, Sulfur oxides. 2017 without further notice, unless EPA
methods, under Executive Order 12898 receives adverse written comment by
Dated: March 23, 2017.
(59 FR 7629, February 16, 1994). May 31, 2017. If EPA receives such
Deborah A. Szaro, comments, it will publish a timely
In addition, the SIP is not approved Acting Regional Administrator, EPA New withdrawal of the direct final rule in the
to apply on any Indian reservation land England. Federal Register and inform the public
or in any other area where EPA or an that the rule will not take effect.
Indian tribe has demonstrated that a Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended ADDRESSES: Submit your comments,
tribe has jurisdiction. In those areas of
Indian country, the rule does not have as follows: identified by Docket ID No. EPA–R03–
tribal implications and will not impose OAR–2016–0081 at https://
PART 52—APPROVAL AND www.regulations.gov, or via email to
substantial direct costs on tribal PROMULGATION OF
governments or preempt tribal law as miller.linda@epa.gov. For comments
IMPLEMENTATION PLANS submitted at Regulations.gov, follow the
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). online instructions for submitting
■ 1. The authority citation for part 52 comments. Once submitted, comments
The Congressional Review Act, 5 continues to read as follows: cannot be edited or removed from
U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401 et seq. Regulations.gov. For either manner of
Business Regulatory Enforcement submission, EPA may publish any
Fairness Act of 1996, generally provides Subpart OO—Rhode Island comment received to its public docket.
that before a rule may take effect, the Do not submit electronically any
§ 52.2070 [Amended]
agency promulgating the rule must information you consider to be
submit a rule report, which includes a ■ 2. In § 52.2070, in the table in confidential business information (CBI)
copy of the rule, to each House of the paragraph (c), remove the entry ‘‘Air or other information whose disclosure is
Congress and to the Comptroller General Pollution Control Regulation 41’’. restricted by statute. Multimedia
of the United States. EPA will submit a [FR Doc. 2017–08655 Filed 4–28–17; 8:45 am] submissions (audio, video, etc.) must be
report containing this action and other BILLING CODE 6560–50–P accompanied by a written comment.
required information to the U.S. Senate, The written comment is considered the
the U.S. House of Representatives, and official comment and should include
the Comptroller General of the United ENVIRONMENTAL PROTECTION discussion of all points you wish to
States prior to publication of the rule in AGENCY make. EPA will generally not consider
the Federal Register. A major rule comments or comment contents located
cannot take effect until 60 days after it 40 CFR Part 62
outside of the primary submission (i.e.
is published in the Federal Register. [EPA–R03–OAR–2016–0081; FRL–9961–23– on the web, cloud, or other file sharing
This action is not a ‘‘major rule’’ as Region 3] system). For additional submission
defined by 5 U.S.C. 804(2). methods, please contact the person
Under section 307(b)(1) of the Clean Approval and Promulgation of State identified in the FOR FURTHER
Air Act, petitions for judicial review of Air Quality Plans for Designated INFORMATION CONTACT section. For the
this action must be filed in the United Facilities and Pollutants; State of full EPA public comment policy,
States Court of Appeals for the Delaware, District of Columbia, and information about CBI or multimedia
appropriate circuit by June 30, 2017. Commonwealth of Pennsylvania, City submissions, and general guidance on
Filing a petition for reconsideration by of Philadelphia; Control of Emissions making effective comments, please visit
the Administrator of this final rule does From Existing Commercial and http://www2.epa.gov/dockets/
not affect the finality of this action for Industrial Solid Waste Incinerator Units commenting-epa-dockets.
the purposes of judicial review nor does AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT:
it extend the time within which a Agency (EPA). Mary Cate Opila, (215) 814–2041, or by
petition for judicial review may be filed, ACTION: Direct final rule. email at opila.marycate@epa.gov.
and shall not postpone the effectiveness SUPPLEMENTARY INFORMATION:
of such rule or action. Parties with SUMMARY: The Environmental Protection
objections to this direct final rule are Agency (EPA) is taking direct final I. Background
encouraged to file a comment in action to notify the public that it has Sections 111(d) and 129 of the CAA
response to the parallel notice of received negative declarations relating require submittal of state plans to
proposed rulemaking for this action to commercial and industrial solid control certain pollutants (designated
published in the proposed rules section waste incineration (CISWI) units within pollutants) at existing solid waste
of today’s Federal Register, rather than the State of Delaware, the District of combustor facilities (designated
file an immediate petition for judicial Columbia, and the City of Philadelphia facilities) whenever standards of
mstockstill on DSK30JT082PROD with RULES
review of this direct final rule, so that in the Commonwealth of Pennsylvania. performance have been established by
EPA can withdraw this direct final rule These negative declarations certify that EPA under section 111(b) for new
and address the comment in the CISWI units subject to the requirements sources of the same source category and
proposed rulemaking. This action may of sections 111(d) and 129 of the Clean the EPA has established emission
not be challenged later in proceedings to Air Act (CAA) do not exist within the guidelines for such existing sources.
enforce its requirements. (See section jurisdictional boundaries of the State of When designated facilities are located in
307(b)(2)). Delaware, the District of Columbia, and a state, the state must then develop and
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Document Created: 2017-04-29 03:16:39
Document Modified: 2017-04-29 03:16:39
| 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 will be effective June 30, 2017, unless EPA receives adverse comments by May 31, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Alison C. Simcox, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1684, fax number (617) 918- 0684, email [email protected] | |
| FR Citation | 82 FR 20274 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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