82 FR 38832 - Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2010 SO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 157 (August 16, 2017)
Federal Register Volume 82, Issue 157 (August 16, 2017)
| Page Range | 38832-38834 | |
| FR Document | 2017-17221 |
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)] [Rules and Regulations] [Pages 38832-38834] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17221] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2016-0709, FRL-9966-05-Region 8] Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2010 SO2 and 2012 PM2.5 National Ambient Air Quality Standards; South Dakota AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) revisions from the State of South Dakota to demonstrate the State meets infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for sulfur dioxide (SO2 ) on June 2, 2010 and fine particulate matter (PM2.5 ) on December 14, 2012. DATES: This rule is effective on September 15, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2016-0709. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. 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 either electronically through http://www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6563, [email protected]. SUPPLEMENTARY INFORMATION: I. Background Infrastructure requirements for SIPs are set forth in section 110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific infrastructure elements that a SIP must contain or satisfy. The elements that are the subject of this action are described in detail in our notice of proposed rulemaking published on June 6, 2017 (82 FR 26007). In our proposed rule, the EPA proposed to approve and take no action on some infrastructure elements for the 2010 SO2 and 2012 PM2.5 NAAQS from the State's certifications.\1\ In this rulemaking, we are taking final action to approve infrastructure elements from the State's certifications. --------------------------------------------------------------------------- \1\ ``Where an air agency determines that the provisions in or referred to by its existing EPA approved SIP are adequate with respect to a given infrastructure SIP element (or subelement) even in light of the promulgation of a new or revised NAAQS, the air agency may make a SIP submission in the form of a certification.'' EPA's ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and (2),'' September 13, 2013, at 7. --------------------------------------------------------------------------- II. Response to Comments No comments were received on our June 6, 2017 notice of proposed rulemaking. [[Page 38833]] III. Final Action For reasons expressed in the proposed rule, the EPA is taking final action to approve infrastructure elements from the State's certifications as shown in Table 1. Elements we are taking no action on are reflected in Table 2. A comprehensive summary of infrastructure elements and new rules being approved into the South Dakota SIP through this final rule action are provided in Table 1 and Table 2. Table 1--List of South Dakota Infrastructure Elements and Revisions That the EPA Is Approving ------------------------------------------------------------------------ Approval ------------------------------------------------------------------------- December 20, 2013 submittal--2010 SO2 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). January 25, 2016 submittal--2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). ------------------------------------------------------------------------ Table 2--List of South Dakota Infrastructure Elements and Revisions That the EPA Is Taking No Action On ------------------------------------------------------------------------ No action (Revision to be made in separate rulemaking action.) ------------------------------------------------------------------------- December 20, 2013 submittal--2010 SO2 NAAQS: (D)(i)(I) prongs 1 and 2. January 25, 2016 submittal--2012 PM2.5 NAAQS: (D)(i)(I) prongs 1 and 2. ------------------------------------------------------------------------ IV. Statutory and Executive Orders Review 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, the 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 be inconsistent with the Clean Air Act; and Does not provide the 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 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). 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. The 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 October 16, 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. This action may not be challenged later in proceedings to enforce its requirements. (See CAA Section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 28, 2017. Debra H. Thomas, Acting Regional Administrator, Region 8. 40 CFR part 52 is amended to read 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 QQ--South Dakota 0 2. Section 52.2170 is amended in the table in paragraph (e) by adding an entry for ``XX. Section 110(a)(2) Infrastructure Requirements for the 2010 SO 2 and 2012 PM2.5 NAAQS'' to read as follows: Sec. 52.2170 Identification of plan. * * * * * (e) * * * [[Page 38834]] ---------------------------------------------------------------------------------------------------------------- State effective EPA effective Final rule Rule title date date citation, date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * XX. Section 110(a)(2) Submitted: 12/20/ 8/16/2017 [Insert Federal Excluding Infrastructure Requirements for 2013 and 01/25/ Register page 110(D)(i)(I), the 2010 SO2 and 2012 PM2.5 2016. number where the interstate NAAQS. document begins]. transport for the 2010 SO2 and 2012 PM2.5 NAAQS which will be acted on separately. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-17221 Filed 8-15-17; 8:45 am] BILLING CODE 6560-50-P
![38832 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State effective EPA approval
State citation Title/subject Federal Register notice
date date
* * * * * * *
Standard No. 1 .......... Emissions from Fuel Burning Operations.
Section I ..................... Visible Emissions ...................................... 9/23/2016 8/16/2017 [Insert Federal Register citation].
* * * * * * *
Section III ................... Sulfur Dioxide Emissions .......................... 9/23/2016 8/16/2017 [Insert Federal Register citation].
* * * * * * *
Section VI .................. Periodic Testing ........................................ 9/23/2016 8/16/2017 [Insert Federal Register citation].
* * * * * * *
Standard No. 4 .......... Emissions From Process Industries.
* * * * * * *
Section II .................... Sulfuric Acid Manufacturing ...................... 6/24/2016 8/16/2017 [Insert Federal Register citation].
Section III ................... Kraft Pulp and Paper Manufacturing 6/24/2016 8/16/2017 [Insert Federal Register citation].
Plants.
Section IV .................. Portland Cement Manufacturing ............... 6/24/2016 8/16/2017 [Insert Federal Register citation].
Section V ................... Cotton Gins ............................................... 6/24/2016 8/16/2017 [Insert Federal Register citation].
* * * * * * *
Section VIII ................ Other Manufacturing ................................. 6/24/2016 8/16/2017 [Insert Federal Register citation].
* * * * * * *
Section XI .................. Total Reduced Sulfur Emissions of Kraft 6/24/2016 8/16/2017 [Insert Federal Register citation].
Pulp Mills.
Section XII ................. Periodic Testing ........................................ 6/24/2016 8/16/2017 [Insert Federal Register citation].
* * * * * * *
* * * * * ADDRESSES: The EPA has established a SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–17226 Filed 8–15–17; 8:45 am] docket for this action under Docket ID
I. Background
BILLING CODE 6560–50–P No. EPA–R08–OAR–2016–0709. All
documents in the docket are listed on Infrastructure requirements for SIPs
the http://www.regulations.gov Web are set forth in section 110(a)(1) and (2)
ENVIRONMENTAL PROTECTION site. Although listed in the index, some of the CAA. Section 110(a)(2) lists the
AGENCY information is not publicly available, specific infrastructure elements that a
e.g., CBI or other information whose SIP must contain or satisfy. The
40 CFR Part 52 disclosure is restricted by statute. elements that are the subject of this
[EPA–R08–OAR–2016–0709, FRL–9966–05- Certain other material, such as action are described in detail in our
Region 8] copyrighted material, is not placed on notice of proposed rulemaking
the Internet and will be publicly published on June 6, 2017 (82 FR
Promulgation of State Implementation available only in hard copy form. 26007).
Plan Revisions; Infrastructure Publicly available docket materials are In our proposed rule, the EPA
Requirements for the 2010 SO2 and available either electronically through proposed to approve and take no action
2012 PM2.5 National Ambient Air http://www.regulations.gov or in hard on some infrastructure elements for the
Quality Standards; South Dakota copy at the Air Program, Environmental 2010 SO2 and 2012 PM2.5 NAAQS from
Protection Agency (EPA), Region 8, the State’s certifications.1 In this
AGENCY: Environmental Protection rulemaking, we are taking final action to
Agency (EPA). 1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests that if at approve infrastructure elements from
ACTION: Final rule. the State’s certifications.
all possible, you contact the individual
SUMMARY: The Environmental Protection listed in the FOR FURTHER INFORMATION II. Response to Comments
Agency (EPA) is approving elements of CONTACT section to view the hard copy No comments were received on our
State Implementation Plan (SIP) of the docket. You may view the hard June 6, 2017 notice of proposed
revisions from the State of South Dakota copy of the docket Monday through rulemaking.
to demonstrate the State meets Friday, 8:00 a.m. to 4:00 p.m., excluding
infrastructure requirements of the Clean federal holidays. 1 ‘‘Where an air agency determines that the
pmangrum on DSK3GDR082PROD with RULES
Air Act (CAA) for the National Ambient FOR FURTHER INFORMATION CONTACT: provisions in or referred to by its existing EPA
Air Quality Standards (NAAQS) approved SIP are adequate with respect to a given
Abby Fulton, Air Program, U.S. infrastructure SIP element (or subelement) even in
promulgated for sulfur dioxide (SO2) on Environmental Protection Agency light of the promulgation of a new or revised
June 2, 2010 and fine particulate matter (EPA), Region 8, Mail Code 8P–AR, NAAQS, the air agency may make a SIP submission
(PM2.5) on December 14, 2012. in the form of a certification.’’ EPA’s ‘‘Guidance on
1595 Wynkoop Street, Denver, Colorado Infrastructure State Implementation Plan (SIP)
DATES: This rule is effective on 80202–1129, (303) 312–6563, Elements under Clean Air Act Sections 110(a)(1)
September 15, 2017. fulton.abby@epa.gov. and (2),’’ September 13, 2013, at 7.
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![38834 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
EPA effective
Rule title State effective date Final rule citation, date Comments
date
* * * * * * *
XX. Section 110(a)(2) Infra- Submitted: 12/20/2013 and 8/16/2017 [Insert Federal Register Excluding 110(D)(i)(I), inter-
structure Requirements for 01/25/2016. page number where the state transport for the 2010
the 2010 SO2 and 2012 document begins]. SO2 and 2012 PM2.5
PM2.5 NAAQS. NAAQS which will be acted
on separately.
[FR Doc. 2017–17221 Filed 8–15–17; 8:45 am] Do not submit electronically any state and each Class I area outside of the
BILLING CODE 6560–50–P information you consider to be state which may be affected by
Confidential Business Information (CBI) emissions from within the state. See 40
or other information whose disclosure is CFR 51.308(g). States are also required
ENVIRONMENTAL PROTECTION restricted by statute. Multimedia to submit, at the same time as the
AGENCY submissions (audio, video, etc.) must be progress report, a determination of the
accompanied by a written comment. adequacy of the State’s existing SIP. See
40 CFR Part 52 The written comment is considered the 40 CFR 51.308(h). The first progress
[EPA–R01–OAR–2016–0626; FRL–9966–37– official comment and should include report is due five years after submittal
Region 1] discussion of all points you wish to of the initial regional haze SIP. On
make. The EPA will generally not August 26, 2009, the Vermont
Air Plan Approval; Vermont; Regional consider comments or comment Department of Environmental
Haze Five-Year Progress Report contents located outside of the primary Conservation (VT DEC) submitted the
AGENCY: Environmental Protection submission (i.e., on the web, cloud, or State’s first regional haze SIP in
Agency. other file sharing system). For accordance with the requirements of 40
additional submission methods, please CFR 51.308.2
ACTION: Direct final rule.
contact the person identified in the FOR On February 29, 2016, VT DEC
SUMMARY: The Environmental Protection FURTHER INFORMATION CONTACT section. submitted a revision to the Vermont SIP
Agency (EPA) is approving Vermont’s For the full EPA public comment policy, detailing the progress made in the first
regional haze progress report, submitted information about CBI or multimedia planning period toward implementation
on February 29, 2016 as a revision to its submissions, and general guidance on of the Long Term Strategy (LTS)
State Implementation Plan (SIP). making effective comments, please visit outlined in the Vermont’s 2009 regional
Vermont’s SIP revision addresses http://www.epa.gov/dockets/ haze SIP submittal, the visibility
requirements of the Clean Air Act (CAA) commenting-epa-dockets. improvement measured at the State’s
and EPA’s rules that require states to FOR FURTHER INFORMATION CONTACT: one Class I area, and a determination of
submit periodic reports describing the Anne K. McWilliams, Air Quality the adequacy of the State’s existing
progress toward reasonable progress Planning Unit, U.S. Environmental regional haze SIP. EPA is approving
goals (RPGs) established for regional Protection Agency, New England Vermont’s February 29, 2016 SIP
haze and a determination of adequacy of Regional Office, 5 Post Office Square— revision on the basis that it satisfies the
the State’s existing regional haze SIP. Suite 100, (Mail code OEP05–2), Boston, requirements of 40 CFR 51.308(g) and
EPA is approving Vermont’s progress MA 02109–3912, telephone (617) 918– (h).
report on the basis that it addresses the 1697, facsimile (617) 918–0697, email II. EPA’s Evaluation of Vermont’s SIP
progress report and adequacy mcwilliams.anne@epa.gov. Revision
determination requirements for the first SUPPLEMENTARY INFORMATION:
On February 29, 2016, Vermont
implementation period covering Throughout this document whenever
submitted its ‘‘Regional Haze Five-Year
through 2018. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Progress Report’’ (Progress Report) to
DATES: This direct final rule will be EPA.
EPA as a SIP revision.
effective October 16, 2017, unless EPA Table of Contents Vermont is home to one Class I area,
receives adverse comments by the Lye Brook Wilderness Area (Lye
September 15, 2017. If adverse I. Background
II. EPA’s Evaluation of Vermont’s SIP Brook). During the regional haze
comments are received, EPA will planning process, an area-of-influence
Revision
publish a timely withdrawal of the modeling analysis based on back
A. Regional Haze Progress Report
direct final rule in the Federal Register B. Determination of Adequacy of Existing trajectories was used to assess
informing the public that the rule will Regional Haze Plan Vermont’s contribution to visibility
not take effect. III. Final Action impairment at Lye Brook and other
ADDRESSES: Submit your comments, IV. Statutory and Executive Order Reviews Class I areas in other states.3 Based on
identified by Docket ID No. EPA–R01– I. Background
OAR–2016–0626 at http:// that were in existence on August 7, 1977 (42 U.S.C.
www.regulations.gov, or via email to States are required to submit a 7472(a)). Listed at 40 CFR part 81, subpart D.
arnold.anne@epa.gov. For comments progress report in the form of a SIP 2 On May 22, 2012, EPA approved Vermont’s
pmangrum on DSK3GDR082PROD with RULES
submitted at Regulations.gov, follow the revision that evaluates progress towards August 26, 2009 regional haze SIP to address the
the RPGs for each mandatory Class I first implementation period for regional haze. See
online instructions for submitting 77 FR 30212.
comments. Once submitted, comments Federal area (Class I area) 1 within the 3 Contributions to Regional Haze in the Northeast
cannot be edited or removed from and Mid-Atlantic United States, August 2006 http://
1 Areas designated as mandatory Class I Federal www.nescaum.org/documents/contributions-to-
Regulations.gov. For either manner of areas consist of national parks exceeding 6000 regional-haze-in-the-northeast-and-mid-atlantic-
submission, the EPA may publish any acres, wilderness areas and national memorial parks united-states/mane-vu_haze_contribution_
comment received to its public docket. exceeding 5000 acres, and all international parks asessment-2006-0831.pdf/.
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Document Created: 2017-08-16 10:27:17
Document Modified: 2017-08-16 10:27:17
| 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 September 15, 2017. | |
| Contact | Abby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6563, [email protected] | |
| FR Citation | 82 FR 38832 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Greenhouse Gases; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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