82 FR 2237 - Approval and Promulgation of Implementation Plans; Rhode Island; Clean Air Act Infrastructure State and Federal Implementation Plans

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 5 (January 9, 2017)

Page Range		2237-2239
FR Document		2016-31444

The Environmental Protection Agency (EPA) is removing several obsolete Federal Implementation Plans (FIPs) for the State of Rhode Island. These FIPs address Clean Air Act (CAA) infrastructure State Implementation Plan (SIP) requirements that have since been addressed by Rhode Island in its SIP. Therefore, EPA is removing from the Code of Federal Regulations (CFR) the corresponding FIPs. This action is being taken in accordance with the CAA.

Federal Register, Volume 82 Issue 5 (Monday, January 9, 2017)

[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Rules and Regulations]
[Pages 2237-2239]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31444]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0402; FRL-9957-27-Region 1]


Approval and Promulgation of Implementation Plans; Rhode Island; 
Clean Air Act Infrastructure State and Federal Implementation Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is removing several 
obsolete Federal Implementation Plans (FIPs) for the State of Rhode 
Island. These FIPs address Clean Air Act (CAA) infrastructure State 
Implementation Plan (SIP) requirements that have since been addressed 
by Rhode Island in its SIP. Therefore, EPA is removing from the Code of 
Federal Regulations (CFR) the corresponding FIPs. This action is being 
taken in accordance with the CAA.

DATES: This rule is effective on February 8, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2015-0402. All documents in the docket 
are listed on the http://www.regulations.gov Web site, although some 
information, such as confidential business information or other 
information whose disclosure is restricted by statute is not publically 
available. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA 
requests that, if at all possible, you contact the contact listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts, 02109-3912; (617) 918-1664; 
[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. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses infrastructure SIP submissions from the 
State of Rhode Island for the 1997 fine particle matter 
(PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008 ozone, 
2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). The 
state submitted these infrastructure SIPs on the following dates: 1997 
PM2.5--September 10, 2008; 2006 PM2.5--November 
6, 2009; 2008 Pb--October 26, 2011; 2008 ozone--January 2, 2013; 2010 
NO2--January 2, 2013; and 2010 SO2--June 27, 
2014. Details of Rhode Island's submittals and EPA evaluation of those 
submittals can be found in our Notice of Proposed Rulemaking (NPR) (81 
FR 10168; February 29, 2016).
    On April 20, 2016, EPA took final action on the vast majority of 
the elements included in these submittals (see 81 FR 23175). In today's 
action, EPA is taking final action on its proposal to remove the 
following sections from the Code of Federal Regulations (CFR): 40 CFR 
52.2073(b); 52.2075(b); and 52.2078(b). As discussed in detail in the 
NPR, these sections related to the public

[[Page 2238]]

availability of emissions data and enforcement procedures are no longer 
necessary and have become obsolete since EPA has approved the relevant 
infrastructure SIP elements. Removal of Federal Implementation language 
is reserved for the Administrator, and has not been delegated to the 
Regional Administrator, who signed the April 20, 2016 final rulemaking 
referenced above.

II. Public Comments

    EPA did not receive any comments in response to the NPR.

III. Final Action

    EPA is removing the following sections from the CFR: 40 CFR 
52.2073(b); 52.2075(b); and 52.2078(b). The Federal Implementation Plan 
requirements in these sections are no longer necessary since EPA has 
since approved the relevant Clean Air Act infrastructure SIP revisions 
submitted by Rhode Island (see 81 FR 23175; April 20, 2016). A detailed 
discussion of the rationale for our action is included in the NPR (see 
81 FR 10168; February 29, 2016).

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under EOs 12866 and 13563 (76 FR 
3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. 
Entities potentially affected directly by this rule include state, 
local and tribal governments and none of these governments are small 
governments. Other types of small entities are not directly subject to 
the requirements of this rule.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in E.O. 13132.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in E.O. 
13175. These regulation revisions do not affect the relationship or 
distribution of power and responsibilities between the federal 
government and Indian tribes.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets E.O. 13045 (62 FR 19885, April 23, 1997) as 
applying only to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the E.O. 
has the potential to influence the regulation. This action is not 
subject to E.O. 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to E.O. 13211 (66 FR 28355 (May 22, 
2001)), because it is not a significant regulatory action under E.O. 
12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to E.O. 12898 (59 
FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action is a 
procedural change and does not have any impact on human health or the 
environment.

K. Congressional Review Act

    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 rule 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 
section 804(2). This rule will be effective February 8, 2017.

L. Petitions for Judicial Review

    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 March 10, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: December 15, 2016.
Gina McCarthy,
Administrator.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULATION 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.  52.2073  [Removed and Reserved]

0
2. Section 52.2073 is removed and reserved.

[[Page 2239]]

Sec.  52.2075  [Removed and Reserved]

0
3. Section 52.2075 is removed and reserved.


Sec.  52.2078   [Removed and Reserved]

0
4. Section 52.2078 is removed and reserved.

[FR Doc. 2016-31444 Filed 1-6-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations 2237

must be filed either by using the Priority Mail), EPA’s internal mail, any the Internet and will be publicly
Environmental Appeals Board’s reliable commercial delivery service, or available only in hard copy form.
electronic filing system, by U.S. mail, or electronic means (including but not Publicly available docket materials are
by hand delivery. In addition, a motion necessarily limited to facsimile and available at http://www.regulations.gov
or a response to a motion may be email). or at the U.S. Environmental Protection
submitted by facsimile if the submission * * * * * Agency, EPA New England Regional
contains no attachments. Upon filing a ■ 12. In § 124.20, revise paragraph (d) to
Office, Office of Ecosystem Protection,
motion or response to a motion by read as follows: Air Quality Planning Unit, 5 Post Office
facsimile, the sender must, within one Square—Suite 100, Boston, MA. EPA
business day, submit the original copy § 124.20 Computation of time. requests that, if at all possible, you
to the Clerk of the Environmental * * * * * contact the contact listed in the FOR
Appeals Board either electronically, by (d) When a party or interested person FURTHER INFORMATION CONTACT section to
mail, or by hand-delivery. The may or must act within a prescribed schedule your inspection. The Regional
Environmental Appeals Board may by period after being served and service is Office’s official hours of business are
order require filing by facsimile or the made by U.S. mail, EPA’s internal mail, Monday through Friday, 8:30 a.m. to
Board’s electronic filing system, subject or reliable commercial delivery service, 4:30 p.m., excluding legal holidays.
to any appropriate conditions and 3 days shall be added to the prescribed FOR FURTHER INFORMATION CONTACT:
limitations. time. The prescribed period for acting Richard P. Burkhart, Air Quality
* * * * * after being served is not expanded by 3 Planning Unit, Air Programs Branch
(3) Service—(i) Service information. days when service is made by personal (Mail Code OEP05–02), U.S.
The first document filed by any person delivery, facsimile, or email. Environmental Protection Agency,
shall contain the name, mailing address, [FR Doc. 2016–31638 Filed 1–6–17; 8:45 am] Region 1, 5 Post Office Square, Suite
telephone number, and email address of BILLING CODE 6560–50–P 100, Boston, Massachusetts, 02109–
an individual authorized to receive 3912; (617) 918–1664;
service relating to the proceeding. burkhart.richard@epa.gov.
Parties shall promptly file any changes ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
in this information with the Clerk of the AGENCY Throughout this document whenever
Environmental Appeals Board, and ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
serve copies on all parties to the 40 CFR Part 52 EPA.
proceeding. If a party fails to furnish [EPA–R01–OAR–2015–0402; FRL–9957–27– Organization of this document. The
such information and any changes Region 1] following outline is provided to aid in
thereto, service to the party’s last known locating information in this preamble.
address shall satisfy the requirements of Approval and Promulgation of I. Background and Purpose
paragraph (i)(3) of this section. Implementation Plans; Rhode Island; II. Public Comments
(ii) Service requirements for parties. Clean Air Act Infrastructure State and III. Final Action
Petitioner must serve the petition for Federal Implementation Plans IV. Statutory and Executive Order Reviews
review on the Regional Administrator
and the permit applicant (if the AGENCY: Environmental Protection I. Background and Purpose
applicant is not the petitioner). Once an Agency (EPA). This rulemaking addresses
appeal is docketed, every document ACTION: Final rule. infrastructure SIP submissions from the
filed with the Environmental Appeals State of Rhode Island for the 1997 fine
SUMMARY: The Environmental Protection
Board must be served on all other particle matter (PM2.5), 2006 PM2.5, 2008
Agency (EPA) is removing several
parties. Service must be by first class lead (Pb), 2008 ozone, 2010 nitrogen
obsolete Federal Implementation Plans
U.S. mail, by any reliable commercial dioxide (NO2), and 2010 sulfur dioxide
(FIPs) for the State of Rhode Island.
delivery service, or, if agreed to by the (SO2) National Ambient Air Quality
These FIPs address Clean Air Act (CAA)
parties, by facsimile or other electronic Standards (NAAQS). The state
infrastructure State Implementation
means, including but not necessarily submitted these infrastructure SIPs on
Plan (SIP) requirements that have since
limited to or email. A party who the following dates: 1997 PM2.5—
been addressed by Rhode Island in its
consents to service by facsimile or other September 10, 2008; 2006 PM2.5—
SIP. Therefore, EPA is removing from
electronic means must file an November 6, 2009; 2008 Pb—October
the Code of Federal Regulations (CFR)
acknowledgement of its consent 26, 2011; 2008 ozone—January 2, 2013;
the corresponding FIPs. This action is
(identifying the type of electronic means 2010 NO2—January 2, 2013; and 2010
being taken in accordance with the
agreed to and the electronic address to SO2—June 27, 2014. Details of Rhode
CAA.
be used) with the Clerk of the Island’s submittals and EPA evaluation
Environmental Appeals Board. The DATES: This rule is effective on February of those submittals can be found in our
Environmental Appeals Board may by 8, 2017. Notice of Proposed Rulemaking (NPR)
order authorize or require service by ADDRESSES: EPA has established a (81 FR 10168; February 29, 2016).
facsimile, email, or other electronic docket for this action under Docket On April 20, 2016, EPA took final
means, subject to any appropriate Identification No. EPA–R01–OAR– action on the vast majority of the
conditions and limitations. 2015–0402. All documents in the docket elements included in these submittals
(iii) Service of rulings, orders, and are listed on the http:// (see 81 FR 23175). In today’s action,
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decisions. The Clerk of the www.regulations.gov Web site, although EPA is taking final action on its
Environmental Appeals Board must some information, such as confidential proposal to remove the following
serve copies of rulings, orders, and business information or other sections from the Code of Federal
decisions on all parties. Service may be information whose disclosure is Regulations (CFR): 40 CFR 52.2073(b);
made by U.S. mail (including by restricted by statute is not publically 52.2075(b); and 52.2078(b). As
certified mail or return receipt available. Certain other material, such as discussed in detail in the NPR, these
requested, Overnight Express and copyrighted material, is not placed on sections related to the public

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2238 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations

availability of emissions data and governments. The action imposes no Business Regulatory Enforcement
enforcement procedures are no longer enforceable duty on any state, local or Fairness Act of 1996, generally provides
necessary and have become obsolete tribal governments or the private sector. that before a rule may take effect, the
since EPA has approved the relevant agency promulgating the rule must
E. Executive Order 13132: Federalism
infrastructure SIP elements. Removal of submit a rule report, which includes a
Federal Implementation language is This action does not have federalism copy of the rule, to each House of the
reserved for the Administrator, and has implications. It will not have substantial Congress and to the Comptroller General
not been delegated to the Regional direct effects on the states, on the of the United States. EPA will submit a
Administrator, who signed the April 20, relationship between the national report containing this rule and other
2016 final rulemaking referenced above. government and the states, or on the required information to the U.S. Senate,
distribution of power and the U.S. House of Representatives, and
II. Public Comments responsibilities among the various the Comptroller General of the United
EPA did not receive any comments in levels of government, as specified in States prior to publication of the rule in
response to the NPR. E.O. 13132. the Federal Register. A major rule
III. Final Action F. Executive Order 13175: Consultation cannot take effect until 60 days after it
and Coordination With Indian Tribal is published in the Federal Register.
EPA is removing the following
Governments This action is not a ‘‘major rule’’ as
sections from the CFR: 40 CFR
defined by 5 U.S.C section 804(2). This
52.2073(b); 52.2075(b); and 52.2078(b). This action does not have tribal
rule will be effective February 8, 2017.
The Federal Implementation Plan implications as specified in E.O. 13175.
requirements in these sections are no These regulation revisions do not affect L. Petitions for Judicial Review
longer necessary since EPA has since the relationship or distribution of power
approved the relevant Clean Air Act and responsibilities between the federal Under section 307(b)(1) of the Clean
infrastructure SIP revisions submitted government and Indian tribes. Air Act, petitions for judicial review of
by Rhode Island (see 81 FR 23175; April this action must be filed in the United
G. Executive Order 13045: Protection of States Court of Appeals for the
20, 2016). A detailed discussion of the Children From Environmental Health
rationale for our action is included in appropriate circuit by March 10, 2017.
and Safety Risks Filing a petition for reconsideration by
the NPR (see 81 FR 10168; February 29,
2016). The EPA interprets E.O. 13045 (62 FR the Administrator of this final rule does
19885, April 23, 1997) as applying only not affect the finality of this rule for the
IV. Statutory and Executive Order to those regulatory actions that concern purposes of judicial review nor does it
Reviews health or safety risks, such that the extend the time within which a petition
A. Executive Order 12866: Regulatory analysis required under section 5–501 of for judicial review may be filed, and
Planning and Review and Executive the E.O. has the potential to influence shall not postpone the effectiveness of
Order 13563: Improving Regulation and the regulation. This action is not subject such rule or action. This action may not
Regulatory Review to E.O. 13045 because it does not be challenged later in proceedings to
establish an environmental standard enforce its requirements. (See section
This action is not a ‘‘significant intended to mitigate health or safety 307(b)(2).)
regulatory action’’ under the terms of risks.
Executive Order (EO) 12866 (58 FR List of Subjects in 40 CFR Part 52
51735, October 4, 1993) and is therefore H. Executive Order 13211: Actions
not subject to review under EOs 12866 Concerning Regulations That Environmental protection, Air
and 13563 (76 FR 3821, January 21, Significantly Affect Energy Supply, pollution control, Incorporation by
2011). Distribution, or Use reference, Intergovernmental relations,
This action is not subject to E.O. Lead, Nitrogen dioxide, Ozone,
B. Paperwork Reduction Act Particulate matter, Reporting and
13211 (66 FR 28355 (May 22, 2001)),
This action does not impose an because it is not a significant regulatory recordkeeping requirements, Sulfur
information collection burden under the action under E.O. 12866. oxides, Volatile organic compounds.
provisions of the Paperwork Reduction Dated: December 15, 2016.
Act, 44 U.S.C. 3501 et seq. Burden is I. National Technology Transfer and
Advancement Act (NTTAA) Gina McCarthy,
defined at 5 CFR 1320.3(b).
This rulemaking does not involve Administrator.
C. Regulatory Flexibility Act (RFA)
technical standards. Part 52 of chapter I, title 40 of the
I certify that this action will not have Code of Federal Regulations is amended
a significant economic impact on a J. Executive Order 12898: Federal
Actions To Address Environmental as follows:
substantial number of small entities
under the RFA. Entities potentially Justice in Minority Populations and PART 52—APPROVAL AND
affected directly by this rule include Low-Income Populations PROMULATION OF IMPLEMENTATION
state, local and tribal governments and The EPA believes that this action is PLANS
none of these governments are small not subject to E.O. 12898 (59 FR 7629,
governments. Other types of small February 16, 1994) because it does not ■ 1. The authority citation for part 52
entities are not directly subject to the establish an environmental health or continues to read as follows:
requirements of this rule. safety standard. This regulatory action is
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Authority: 42 U.S.C. 7401 et seq.
a procedural change and does not have
D. Unfunded Mandates Reform Act
any impact on human health or the Subpart OO—Rhode Island
(UMRA)
environment.
This action does not contain any § 52.2073 [Removed and Reserved]
unfunded mandate as described in K. Congressional Review Act
UMRA, 2 U.S.C. 1531–1538, and does The Congressional Review Act, 5 ■ 2. Section 52.2073 is removed and
not significantly or uniquely affect small U.S.C. 801 et seq., as added by the Small reserved.

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§ 52.2075 [Removed and Reserved] cannot be removed or edited from A. History of the Ajo Nonattainment and
Regulations.gov. For either manner of Maintenance Area Boundary
■ 3. Section 52.2075 is removed and V. Final Action
reserved. submission, the EPA may publish any
VI. Statutory and Executive Order Reviews
comment received to its public docket.
§ 52.2078 [Removed and Reserved] Do not submit electronically any I. Summary of Action
■ 4. Section 52.2078 is removed and information you consider to be
Confidential Business Information (CBI) We are approving the second 10-year
reserved.
or other information whose disclosure is maintenance plans for the Ajo and
[FR Doc. 2016–31444 Filed 1–6–17; 8:45 am] Morenci, Arizona SO2 maintenance
restricted by statute. Multimedia
BILLING CODE 6560–50–P
submissions (audio, video, etc.) must be areas and correcting an error in the
accompanied by a written comment. boundary description of the Ajo
The written comment is considered the maintenance area in the Code of Federal
ENVIRONMENTAL PROTECTION Regulations (CFR).1 2
AGENCY official comment and should include
discussion of all points you wish to II. Background
40 CFR Parts 52 and 81 make. The EPA will generally not
consider comments or comment A. What National Ambient Air Quality
[EPA–R09–OAR–2016–0287; FRL–9957–64– contents located outside of the primary Standards are considered in this
Region 9]
submission (i.e., on the web, cloud, or rulemaking?
Approval of Arizona Air Plan other file sharing system). For Sulfur dioxide (SO2) is the pollutant
Revisions; Ajo and Morenci, Arizona; additional submission methods, please that is the subject of this action. The
Second 10-Year Sulfur Dioxide contact the person identified in the FOR NAAQS are health-based and welfare-
Maintenance Plans and Technical FURTHER INFORMATION CONTACT section. based standards for certain ambient air
Correction For the full EPA public comment policy, pollutants. SO2 is among the ambient air
information about CBI or multimedia pollutants for which we have
AGENCY: Environmental Protection submissions, and general guidance on established a health-based standard. SO2
Agency (EPA). making effective comments, please visit causes adverse health effects by
ACTION: Direct final rule and technical http://www2.epa.gov/dockets/ reducing lung function, increasing
correction. commenting-epa-dockets. respiratory illness, altering the lung’s
You may inspect and copy the defenses and aggravating existing
SUMMARY: The Environmental Protection rulemaking docket for this notice at the cardiovascular disease. Children, the
Agency (EPA) is approving the second following location during normal elderly, and people with asthma are the
10-year maintenance plans for the Ajo business hours: Environmental most vulnerable. SO2 has a variety of
and Morenci areas in Arizona for the Protection Agency, Region IX, Air additional impacts, including acidic
1971 National Ambient Air Quality Division, Air Planning Office (AIR–2), deposition, damage to crops and
Standards (NAAQS or ‘‘standards’’) for 75 Hawthorne Street, San Francisco, CA vegetation, and corrosion of natural and
sulfur dioxide (SO2), and correcting an 94105–3901. Copies of the State man-made materials.
error in the description of the Ajo SO2 Implementation Plan materials are also In 1971, the EPA established both
maintenance area in the Code of Federal available for inspection at the address short- and long-term primary NAAQS
Regulations. Elsewhere in this Federal listed here: Arizona Department of
1 For the definition of the Ajo maintenance area,
Register, we are proposing approval and Environmental Quality, 1110 W.
see 40 CFR 81.303. Ajo is a town located in
soliciting written comment on these Washington Street, First Floor, Phoenix, northwestern Pima County, in the southwestern
actions. If we receive adverse comments AZ 85007, Phone: (602) 771–4335. portion of Arizona. The EPA designated the entire
on this direct final rule, resulting in FOR FURTHER INFORMATION CONTACT: area of Pima County as nonattainment for SO2 on
withdrawal of the entire rule or any March 3, 1978 for lack of a State recommendation.
Wienke Tax, EPA Region IX, (415) 947– The EPA approved the State’s request that the SO2-
part(s) of it, we will address those 4192, tax.wienke@epa.gov. affected portion of Pima County be limited to the
comments when we finalize the SUPPLEMENTARY INFORMATION: Elsewhere townships surrounding Ajo on April 10, 1979 (44
proposal. The EPA does not plan to in this Federal Register, we are FR 21261). Townships T11S, R6W; T11S, R5W;
institute a second comment period on T12S, R6W; T12S, R5W; and T13S, R6W comprised
proposing approval and soliciting the nonattainment area. Townships T11S, R7W;
this action. Any parties interested in written comment on this action. T12S, R7W; T13S, R5W; and T13S, R7W were
commenting must do so at this time. Throughout this document, the words designated as ‘‘cannot be classified.’’ At the time of
DATES: This rule is effective March 10, our redesignation, we incorrectly identified the
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ mean EPA. maintenance area as all townships and ranges
2017, without further notice, unless we T11S–13S, R5W–R6W as ‘‘better than national
receive adverse comments by February Table of Contents standards.’’ However, T11S, R7W; T12S, R7W;
8, 2017. If the EPA receives adverse I. Summary of Action T13S, R7W; and T13S, R5W were originally
II. Background designated as ‘‘cannot be classified’’ and should
comments, we will publish a timely have remained such. Today, we are correcting that
withdrawal in the Federal Register to A. What National Ambient Air Quality
error.
notify the public that some or all of the Standards are considered in this 2 For the definition of the Morenci maintenance
rulemaking?
provisions in this direct final rule will B. What is a State Implementation Plan?
area, see 40 CFR 81.303. Morenci is a town in
not take effect. eastern Greenlee County near the border of Arizona
C. What is the background for this action? and New Mexico. The EPA designated the entire
ADDRESSES: Submit your comments, D. What are the applicable provisions for area of Greenlee County as nonattainment for SO2
identified by Docket ID No. EPA–R09– second 10-year maintenance plans for on March 3, 1978 for lack of a State
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SO2? recommendation. The EPA approved the State’s
OAR–2016–0287 at http:// request that the SO2-affected portion of Greenlee
www.regulations.gov, or via email to III. The EPA’s evaluation of the Arizona State
submittals County be limited to the townships surrounding
Wienke Tax, Air Planning Office at A. Did the State meet the CAA procedural
Morenci on April 10, 1979 (44 FR 21261). Within
tax.wienke@epa.gov. For comments Greenlee County, Townships T3S, R28E; T3S, R29E;
requirements? T3S, R30E; T4S, R28E; T4S, R29E; T4S, R30E; T5S,
submitted at Regulations.gov, follow the B. Has the State met the substantive R28E; and T5S, R29E comprise the maintenance
online instructions for submitting maintenance plan requirements? area. Township T5S, R30E is designated as ‘‘cannot
comments. Once submitted, comments IV. Technical Correction be classified.’’

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Document Created: 2018-10-24 11:09:03
Document Modified: 2018-10-24 11:09:03

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on February 8, 2017.
Contact		Richard P. Burkhart, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1664; [email protected]
FR Citation		82 FR 2237
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds