82 FR 2305 - Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality and Pinal County Air Quality Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 5 (January 9, 2017)
Federal Register Volume 82, Issue 5 (January 9, 2017)
| Page Range | 2305-2308 | |
| FR Document | 2017-00054 |
[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)] [Proposed Rules] [Pages 2305-2308] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00054] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR- 2016-0702; FRL-9957-95-Region 9] Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality and Pinal County Air Quality Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Arizona State Implementation Plan (SIP). These revisions include a state statute and certain state rules that govern air pollution sources under the Arizona Department of Environmental Quality (ADEQ) and the Pinal County Air Quality Control District (PCAQCD). These revisions concern emissions of particulate matter (PM) from construction sites, agricultural activity and other fugitive dust sources. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by February 8, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2016-0702 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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What statute and rules did the State submit? B. Are there other versions of the statute and rules? C. What is the purpose of the submitted rules and statute revisions? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules and statute? B. Do the rules and statute meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rules D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What statute and rules did the State submit? Table 1 lists the statute and rules addressed by this proposal with the dates that they were adopted by the state or local air agency and submitted by the ADEQ. [[Page 2306]] Table 1--Submitted Statute and Rules ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Local agency Rule No..................... Rule title..... Adopted Submitted ---------------------------------------------------------------------------------------------------------------- PCAQCD....................... Chapter 4--Article 1........ Fugitive Dust.. 10/28/15 12/21/15 PCAQCD....................... Chapter 4--Article 3........ Construction 10/28/15 12/21/15 Sites--Fugitiv e Dust. ---------------------------------------------------------------------------------------------------------------- Arizona Revised Statutes Statute No. Statute title Effective date Submitted (ARS) ---------------------------------------------------------------------------------------------------------------- ARS.......................... Sec. 49-424............... Duties of 4/18/14 12/21/15 Department. ---------------------------------------------------------------------------------------------------------------- Arizona Administrative Code AAC No. AAC title Amended/ Submitted (AAC) Rule No. effective date ---------------------------------------------------------------------------------------------------------------- AAC.......................... R18-2-210................... Attainment, 07/01/14 12/21/15 Nonattainment, and Unclassifiable Area Designations. AAC.......................... R18-2-610................... Definitions for 07/02/15 12/21/15 R18-2-610.01, R18-2-610.02, and R18-2- 610.03. AAC.......................... R18-2-610.03................ Agricultural PM 07/02/15 12/21/15 General Permit for Crop Operations; Pinal County PM Nonattainment Area. AAC.......................... R18-2-612................... Definitions for 07/02/15 12/21/15 R18-2-612.01. AAC.......................... R18-2-612.01................ Agricultural PM 07/02/15 12/21/15 General Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009. AAC.......................... Appendix 2.................. Test Methods 07/02/15 12/21/15 and Protocols. ---------------------------------------------------------------------------------------------------------------- On March 21, 2016, the EPA determined that the submitted revisions from ADEQ and PCAQCD listed in Table 1 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of the statute and rules? There are no previous versions of PCAQCD Chapter 4, Articles 1 and 3 in the SIP. Table 2 lists versions of the statute and rules EPA has previously approved into the SIP. Table 2--SIP-Approved Rules ---------------------------------------------------------------------------------------------------------------- Existing SIP- approved rule ARS Title superseded by this Previous approval action ---------------------------------------------------------------------------------------------------------------- Sec. 49-424.................... Duties of 49-424 (2011) 77 FR 66398 11/05/12 Department. Duties of Department. ---------------------------------------------------------------------------------------------------------------- AAC Title Existing SIP Previous Approval superseded by this action ---------------------------------------------------------------------------------------------------------------- R18-2-210........................ Attainment, Attainment, 79 FR 56656 Nonattainment, and Nonattainment, and 09/23/14 Unclassifiable Unclassifiable Area Designations. Area Designations. Appendix 2....................... Test Methods and Test Methods and 79 FR 56655 Protocols. Protocols. 09/23/15 ---------------------------------------------------------------------------------------------------------------- In addition, we note that SIP-approved rule R18-2-610, ``Definitions for R18-2-611,'' has the same AAC number as new rule R18- 2-610, ``Definitions for R18-2-610.01 R18-2-610.02, and R18-2-610.03,'' but is not superseded by the new rule. See 66 FR 51869 (October 11, 2001). Both versions of R18-2-610 will be in the SIP, but can be differentiated by their different titles and dates. C. What is the purpose of the submitted rule and statute revisions? Particulate matter, including PM equal to or less than 2.5 microns in diameter (PM2.5 ) and PM equal to or less than 10 microns in diameter (PM10 ), contributes to effects that are harmful to human health and the environment, including premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. Section 110(a) of the CAA requires states to submit regulations that control PM emissions. PCAQCD Chapter 4, Article 1--Fugitive DustNew rule applies to open areas/vacant lots, unpaved roads, unpaved lots and paved public roadways. Establishes a 20 percent opacity limit. Requires no trespassing signs, physical barriers or other effective control measures upon evidence of trespass. Limits silt content on unpaved lots and roads to eight percent and six percent respectively. PCAQCD Chapter 4, Article 3--Construction Sites--Fugitive Dust New rule designed to regulate PM 10 emissions attributed to construction activities under both stagnation and windy conditions.Limits opacity to 20 percent. ARS Sec. 49-424--Duties of Department Revised rule extends the requirement to develop and disseminate air quality dust forecasts to the Maricopa County PM 10 maintenance area and any other PM10 nonattainment or maintenance areas designated on or after December 31, 2011. [[Page 2307]] AAC R18-2-210--Attainment, Nonattainment, and Unclassifiable Area DesignationsRevised rule reflects updated 40 CFR 81.303 as amended July 1, 2014. AAC R18-2-610--Definitions for R18-2-610.01, R18-2-610.02, and R18-2- 610.03 New rule provides definitions for commercial farms general permit rule and applies to general permit rules in other specified nonattainment areas. AAC R18-2-610.03--Agricultural PM General Permit for Crop Operations; Pinal County PM Attainment Area New menu-based rule requires a general permit for commercial farms in the Pinal County PM Nonattainment Area. Requires implementation of at least one (best management practice) BMP in the following five categories: Tillage, ground operations and harvest, noncropland, commercial farm roads, and cropland. Beginning in calendar year 2017, and no more than once every subsequent three years, requires facility response to an ADEQ survey on BMP implementation. AAC R18-2-612--Definitions for R18-2-612.01 New rule provides definitions for R18-2-612.01. AAC R18-2-612.01--Agricultural PM General Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009 New menu-based rule requires a general permit for irrigation districts in nonattainment areas designated after June 1, 2009. Requires implementation of at least one BMP in the following three categories: unpaved operation and maintenance roads, canals, and unpaved utility access roads. Beginning in calendar year 2017, and no more than once every subsequent three years, requires irrigation district response to an ADEQ survey on BMP implementation. AAC Appendix 2--Test Methods and Protocol Revised rule adds section L: 40 CFR 51.128 Appendix A (1)(B) and section M: Silt Content Test Method. The EPA's technical support documents (TSDs) have more information about these rules. II. The EPA's Evaluation and Action A. How is the EPA evaluating the statute and rules? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and are limited in how they can modify certain SIP control requirements in nonattainment areas (see CAA section 193). In addition, generally, SIP rules must implement Reasonably Available Control Measures (RACM), including Reasonably Available Control Technology (RACT), in moderate PM 2.5 /PM10 nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)). The PCAQCD regulates a PM10 nonattainment area classified as moderate for the 1987 24-hour PM10 National Ambient Air Quality Standard (NAAQS) (40 CFR 81. 303).\1\ A RACM evaluation is generally performed in context of a broader plan, so we are not proposing to determine whether ADEQ has demonstrated RACM for the Pinal area as part of this notice. --------------------------------------------------------------------------- \1\ The 1997 PM10 24-hour National Ambient Air Quality Standard (primary and secondary) is 150 micrograms per cubic meter. See https://www.epa.gov/criteria-air-pollutants/naaqs-table. --------------------------------------------------------------------------- Guidance and policy documents that we use to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 1. ``State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 3. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993. 5. ``Fugitive Dust Background Document and Technical Information Document for Best Available Control Measures,'' EPA 450/2-92-004, September 1992. B. Do the rules and statute meet the evaluation criteria? We believe these rules and statute are consistent with CAA requirements and relevant guidance and fulfill the evaluation criteria. The statute and rules are clear and contain adequate testing, recordkeeping and reporting requirements to be sufficiently enforceable. The statute and rules strengthen effective requirements (e.g., by strengthening/adding general permit rules and BMPs for agricultural operations) and are consistent with CAA section 193. The statute and rules generally impose RACT-level requirements (e.g., the revisions limit silt content on unpaved lots and roads to eight percent and six percent respectively) for the affected categories. The TSDs have more information on our evaluation. C. EPA recommendations To Further Improve the Rules The TSDs describe additional rule revisions that we recommend for the next time the state and local agency modifies the rules. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rules and statute because we believe they fulfill all relevant requirements. We will accept comments from the public on this proposal until February 8, 2017. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will incorporate these rules and statute into the federally-enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the PCAQCD/ADEQ rules/statute as described in Table 1 of this notice. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 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 proposed action merely proposes to approve state law as meeting federal requirements and does [[Page 2308]] not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); 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 Clean Air Act; and does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, 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 the 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: December 20, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017-00054 Filed 1-6-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules 2305
under the Regulatory Flexibility Act (5 ENVIRONMENTAL PROTECTION official comment and should include
U.S.C. 601 et seq.); AGENCY discussion of all points you wish to
• does not contain any unfunded make. The EPA will generally not
mandate or significantly or uniquely 40 CFR Part 52 consider comments or comment
affect small governments, as described contents located outside of the primary
[EPA–R09–OAR- 2016–0702; FRL–9957–95-
in the Unfunded Mandates Reform Act Region 9] submission (i.e., on the web, cloud, or
of 1995 (Pub. L. 104–4); other file sharing system). For
• does not have Federalism Approval of Arizona Air Plan additional submission methods, please
implications as specified in Executive Revisions, Arizona Department of contact the person identified in the FOR
Order 13132 (64 FR 43255, August 10, Environmental Quality and Pinal FURTHER INFORMATION CONTACT section.
1999); County Air Quality Control District
• is not an economically significant For the full EPA public comment policy,
regulatory action based on health or AGENCY: Environmental Protection information about CBI or multimedia
safety risks subject to Executive Order Agency (EPA). submissions, and general guidance on
13045 (62 FR 19885, April 23, 1997); ACTION: Proposed rule. making effective comments, please visit
• is not a significant regulatory action http://www2.epa.gov/dockets/
subject to Executive Order 13211 (66 FR SUMMARY: The Environmental Protection commenting-epa-dockets.
28355, May 22, 2001); Agency (EPA) is proposing to approve
• is not subject to requirements of revisions to the Arizona State FOR FURTHER INFORMATION CONTACT:
Section 12(d) of the National Implementation Plan (SIP). These Christine Vineyard, EPA Region IX,
Technology Transfer and Advancement revisions include a state statute and (415) 947–4125, vineyard.christine@
Act of 1995 (15 U.S.C. 272 note) because certain state rules that govern air epa.gov.
application of those requirements would pollution sources under the Arizona
SUPPLEMENTARY INFORMATION:
be inconsistent with the CAA; and Department of Environmental Quality
• does not provide EPA with the Throughout this document, ‘‘we,’’ ‘‘us’’
(ADEQ) and the Pinal County Air
discretionary authority to address, as Quality Control District (PCAQCD). and ‘‘our’’ refer to the EPA.
appropriate, disproportionate human These revisions concern emissions of Table of Contents
health or environmental effects, using particulate matter (PM) from
practicable and legally permissible construction sites, agricultural activity I. The State’s Submittal
methods, under Executive Order 12898 and other fugitive dust sources. We are A. What statute and rules did the State
(59 FR 7629, February 16, 1994). submit?
proposing to approve local rules to
In addition, the SIP is not approved B. Are there other versions of the statute
regulate these emission sources under
to apply on any Indian reservation land and rules?
the Clean Air Act (CAA or the Act). We
or in any other area where EPA or an C. What is the purpose of the submitted
are taking comments on this proposal
Indian tribe has demonstrated that a rules and statute revisions?
and plan to follow with a final action.
tribe has jurisdiction. In those areas of II. The EPA’s Evaluation and Action
DATES: Any comments must arrive by A. How is the EPA evaluating the rules and
Indian country, the rule does not have
February 8, 2017. statute?
tribal implications as specified by
Executive Order 13175 (65 FR 67249, ADDRESSES: Submit your comments, B. Do the rules and statute meet the
November 9, 2000), nor will it impose identified by Docket ID No. EPA–R09– evaluation criteria?
substantial direct costs on tribal OAR–2016–0702 at http:// C. EPA Recommendations To Further
governments or preempt tribal law. www.regulations.gov, or via email to Improve the Rules
Steckel.Andrew@epa.gov. For comments D. Public Comment and Proposed Action
List of Subjects in 40 CFR Part 52 submitted at Regulations.gov, follow the III. Incorporation by Reference
Environmental protection, Air online instructions for submitting IV. Statutory and Executive Order Reviews
pollution control, Incorporation by comments. Once submitted, comments
cannot be edited or removed from I. The State’s Submittal
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate Regulations.gov. For either manner of A. What statute and rules did the State
matter, Reporting and recordkeeping submission, the EPA may publish any submit?
requirements, Volatile organic comment received to its public docket.
compounds. Do not submit electronically any Table 1 lists the statute and rules
Authority: 42 U.S.C. 7401 et seq. information you consider to be addressed by this proposal with the
Confidential Business Information (CBI) dates that they were adopted by the
Dated: December 20, 2016. or other information whose disclosure is state or local air agency and submitted
Heather McTeer Toney, restricted by statute. Multimedia by the ADEQ.
Regional Administrator, Region 4. submissions (audio, video, etc.) must be
[FR Doc. 2017–00162 Filed 1–6–17; 8:45 am] accompanied by a written comment.
BILLING CODE 6560–50–P The written comment is considered the
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VerDate Sep<11>2014 17:29 Jan 06, 2017 Jkt 241001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\09JAP1.SGM 09JAP1](https://thefederalregister.org/doc/82_FR_2310/page/1.svg)
![2308 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules
not impose additional requirements Particulate matter, Reporting and consider comments or comment
beyond those imposed by state law. For recordkeeping requirements. contents located outside of the primary
that reason, this proposed action: Authority: 42 U.S.C. 7401 et seq. submission (i.e., on the web, cloud, or
• Is not a ‘‘significant regulatory other file sharing system). For
action’’ subject to review by the Office Dated: December 20, 2016. additional submission methods, please
of Management and Budget under Alexis Strauss, contact the person identified in the FOR
Executive Order 12866 (58 FR 51735, Acting Regional Administrator, Region IX. FURTHER INFORMATION CONTACT section.
October 4, 1993); [FR Doc. 2017–00054 Filed 1–6–17; 8:45 am] For the full EPA public comment policy,
• does not impose an information BILLING CODE 6560–50–P information about CBI or multimedia
collection burden under the provisions submissions, and general guidance on
of the Paperwork Reduction Act (44 making effective comments, please visit
U.S.C. 3501 et seq.); ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/
• is certified as not having a AGENCY commenting-epa-dockets.
significant economic impact on a
40 CFR Parts 52 and 81 FOR FURTHER INFORMATION CONTACT:
substantial number of small entities
under the Regulatory Flexibility Act (5 Wienke Tax, EPA Region IX, (415) 947–
[EPA–R09–OAR–2016–0287; FRL–9957–63- 4192, tax.wienke@epa.gov.
U.S.C. 601 et seq.); Region 9]
• does not contain any unfunded SUPPLEMENTARY INFORMATION:
mandate or significantly or uniquely Approval of Arizona Air Plan Throughout this document, ‘‘we,’’ ‘‘us’’
affect small governments, as described Revisions; Ajo and Morenci, Arizona; and ‘‘our’’ refer to the EPA. This
in the Unfunded Mandates Reform Act Second 10-Year Sulfur Dioxide proposal addresses the second ten-year
of 1995 (Pub. L. 104–4); Maintenance Plans and Technical maintenance plans submitted by the
• does not have Federalism Correction Arizona Department of Environmental
implications as specified in Executive Quality to address the 1971 SO2 NAAQS
Order 13132 (64 FR 43255, August 10, AGENCY: Environmental Protection in the Ajo and Morenci maintenance
1999); Agency (EPA). areas, AZ. In the Rules and Regulations
• is not an economically significant ACTION: Proposed rule. section of this Federal Register, we are
regulatory action based on health or approving these second ten-year
safety risks subject to Executive Order SUMMARY: The Environmental Protection
maintenance plans in a direct final
13045 (62 FR 19885, April 23, 1997); Agency (EPA) is proposing to approve
action without prior proposal because
• is not a significant regulatory action the second ten-year maintenance plans
we believe these SIP revisions are not
subject to Executive Order 13211 (66 FR for the Ajo and Morenci areas in
controversial. If we receive adverse
28355, May 22, 2001); Arizona for the 1971 National Ambient
comments, however, we will publish a
• is not subject to requirements of Air Quality Standards (NAAQS) for
timely withdrawal of the direct final
Section 12(d) of the National sulfur dioxide (SO2), and to correct an
rule and address the comments in
Technology Transfer and Advancement error in the description of the Ajo,
subsequent action based on this
Act of 1995 (15 U.S.C. 272 note) because Arizona SO2 maintenance area in the
proposed rule. If we receive adverse
application of those requirements would Code of Federal Regulations.
comment on a distinct provision of this
be inconsistent with the Clean Air Act; DATES: Any comments on this proposal rulemaking, i.e., our action regarding
and must arrive by February 8, 2017. only one maintenance plan, we will
• does not provide the EPA with the ADDRESSES: Submit your comments, publish a timely withdrawal in the
discretionary authority to address identified by Docket ID No. EPA–R09– Federal Register indicating which
disproportionate human health or OAR–2016–0287 at http:// provisions we are withdrawing. The
environmental effects with practical, www.regulations.gov, or via email to provisions that are not withdrawn, i.e.,
appropriate, and legally permissible Wienke Tax, at tax.wienke@epa.gov. For our approval of the other maintenance
methods under Executive Order 12898 comments submitted at Regulations.gov, plan that is not the subject of an adverse
(59 FR 7629, February 16, 1994). follow the online instructions for comment, will become effective on the
In addition, the SIP is not approved to submitting comments. Once submitted, date set out above, notwithstanding
apply on any Indian reservation land or comments cannot be removed or edited adverse comment on the other
in any other area where the EPA or an from Regulations.gov. For either manner maintenance plan.
Indian tribe has demonstrated that a of submission, the EPA may publish any We do not plan to open a second
tribe has jurisdiction. In those areas of comment received to its public docket. comment period, so anyone interested
Indian country, the rule does not have Do not submit electronically any in commenting should do so at this
tribal implications and will not impose information you consider to be time. If we do not receive adverse
substantial direct costs on tribal Confidential Business Information (CBI) comments, no further activity is
governments or preempt tribal law as or other information whose disclosure is planned. For further information, please
specified by Executive Order 13175 (65 restricted by statute. Multimedia see the direct final action.
FR 67249, November 9, 2000). submissions (audio, video, etc.) must be
accompanied by a written comment. Dated: December 15, 2016.
List of Subjects in 40 CFR Part 52 The written comment is considered the Alexis Strauss,
mstockstill on DSK3G9T082PROD with PROPOSALS
Environmental protection, Air official comment and should include Acting Regional Administrator, Region IX.
pollution control, Incorporation by discussion of all points you wish to [FR Doc. 2016–31636 Filed 1–6–17; 8:45 am]
reference, Intergovernmental relations, make. The EPA will generally not BILLING CODE 6560–50–P
VerDate Sep<11>2014 17:29 Jan 06, 2017 Jkt 241001 PO 00000 Frm 00058 Fmt 4702 Sfmt 9990 E:\FR\FM\09JAP1.SGM 09JAP1](https://thefederalregister.org/doc/82_FR_2310/page/4.svg)
Document Created: 2018-10-24 11:09:25
Document Modified: 2018-10-24 11:09:25
| 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 | Any comments must arrive by February 8, 2017. | |
| Contact | Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected] | |
| FR Citation | 82 FR 2305 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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