82 FR 40072 - Air Plan Approval; Alabama: PSD Replacement Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 163 (August 24, 2017)
Federal Register Volume 82, Issue 163 (August 24, 2017)
| Page Range | 40072-40075 | |
| FR Document | 2017-17342 |
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)] [Rules and Regulations] [Pages 40072-40075] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17342] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0371; FRL-9966-47-Region 4] Air Plan Approval; Alabama: PSD Replacement Units AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a portion of Alabama's State Implementation Plan (SIP) revision submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), on May 7, 2012. The portion of the revision that EPA is approving relates to the State's Prevention of Significant Deterioration (PSD) permitting regulations. In particular, the revision adds a definition of ``replacement unit'' and provides that a replacement unit is a type of existing emissions unit under the definition of ``emissions unit.'' This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This direct final rule is effective October 23, 2017 without further notice, unless EPA receives adverse comment by September 25, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No EPA-R04- OAR-2017-0371 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, 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: Andres Febres of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Febres can be reached by telephone at (404) 562-8966 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What action is the Agency taking? On May 7, 2012, ADEM submitted a SIP revision for EPA's approval that includes, among other things, changes to Alabama's PSD permitting regulations as part of the State's New Source Review (NSR) permitting program.\1\ The NSR program, established in parts C and D of title I of the CAA and EPA's implementing regulations at 40 CFR 51.165, 40 CFR 51.166, and 40 CFR 52.21, is a preconstruction review and permitting program applicable to new major stationary sources of regulated NSR pollutants and major modifications at existing major stationary sources. A major modification is defined as any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source. See 40 CFR 51.165(a)(1), 51.166(b)(2)(i), and 52.21(b)(2)(i). --------------------------------------------------------------------------- \1\ EPA's regulations governing the implementation of NSR permitting programs are contained in 40 CFR 51.160--51.166; 52.21, 52.24; and part 51, appendix S. The CAA NSR program is composed of three separate programs: PSD, NNSR, and Minor NSR. PSD is established in part C of title I of the CAA and applies in areas that meet the NAAQS--``attainment areas''--as well as areas where there is insufficient information to determine if the area meets the NAAQS--``unclassifiable areas.'' The NNSR program is established in part D of title I of the CAA and applies in areas that are not in attainment of the NAAQS--``nonattainment areas.'' The Minor NSR program addresses construction or modification activities that do not qualify as ``major'' and applies regardless of the designation of the area in which a source is located. Together, these programs are referred to as the NSR programs. --------------------------------------------------------------------------- In this document, EPA is taking direct final action to approve the portions of this submittal that make changes to ADEM Administrative Code Rule 335-3-14-.04--``Air Permits Authorizing Construction in Clean Air Areas [Prevention of Significant Deterioration Permitting (PSD)].'' Alabama's May 7, 2012, SIP submittal changes the PSD regulations at Rule 335-3-14-.04 by adding a definition of ``replacement unit'' and by modifying the definition of ``emissions unit'' to expressly include replacement units as existing emissions units. As revised in the May 5, 2017, withdrawal letter discussed in Section III, below, these changes are similar to those made to the Federal PSD regulations at 40 CFR 52.21(b)(7) and (33) in the rule titled ``Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Reconsideration'' See 68 FR 63021 (November 7, 2003) (hereinafter referred to as the NSR Reform Reconsideration Rule). EPA is not taking action on the portions of Alabama's May 7, 2012, submittal regarding ADEM Administrative Code Chapter 335-3-10-- ``Standards of Performance for New Stationary Sources,'' and Chapter 335-3-11--``National Emission Standards for Hazardous Air Pollutants.'' In the submittal, Alabama acknowledges that these regulations are not part of Alabama's SIP and states that the ``revisions to these [regulations] are not proposed to be incorporated into Alabama's SIP.'' II. Background A. NSR Reform On December 31, 2002, EPA published final rule revisions to the CAA's PSD and Nonattainment New Source Review (NNSR) programs. See 67 FR 80186 (hereinafter referred to as the 2002 NSR Rule). The revisions included several major changes to the NSR program, including the addition of an actual-to-projected-actual emissions test for determining NSR applicability for existing emissions units. Following publication, EPA received numerous petitions requesting reconsideration of several aspects of the final rule. On July 30, 2003 (68 FR 44624), EPA granted reconsideration on six issues, including whether replacement units should be allowed to use the actual-to- projected-actual applicability test to determine whether installing a replacement unit results in a significant emissions increase. On November 7, 2003, EPA published the NSR Reform Reconsideration Rule. See 68 FR 63021. In the reconsideration [[Page 40073]] rule, EPA continued to allow the owner or operator of a major stationary source to use the actual-to-projected-actual applicability test to determine whether installing a replacement unit results in a significant emissions increase. EPA also modified the rules by: (1) Adding a definition of ``replacement unit,'' and (2) revising the definition of ``emissions unit'' to clarify that a replacement unit is considered an existing emissions unit and therefore is eligible for the actual-to-projected-actual test for major NSR applicability determinations. The 2002 NSR Rule and the NSR Reform Reconsideration Rule are hereinafter collectively referred to as the ``2002 NSR Reform Rules.'' B. Equipment Replacement Provision Under Federal regulations, certain activities are not considered to be a physical change or a change in the method of operation at a source, and thus do not trigger NSR review. One category of such activities is routine maintenance, repair and replacement (RMRR). On October 27, 2003, EPA published a rule titled ``Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Equipment Replacement Provision of the Routine Maintenance, Repair and Replacement Exclusion'' (hereinafter referred to as the ERP Rule). See 68 FR 61248. The ERP Rule provided criteria for determining whether an activity falls within the RMRR exemption. The ERP Rule provided a list of equipment replacement activities that are exempt from NSR permitting requirements, while ensuring that industries maintain safe, reliable, and efficient operations that will have little or no impact on emissions. Under the ERP Rule, a facility undergoing equipment replacement would not be required to undergo NSR review if the facility replaced any component of a process unit with an identical or functionally equivalent component. The rule included several modifications to the NSR rules to explain what would qualify as an identical or functionally equivalent component. Shortly after the October 27, 2003 rulemaking, several parties filed petitions for review of the ERP Rule in the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit). The D.C. Circuit stayed the effective date of the rule pending resolution of the petitions. A collection of environmental groups, public interest groups, and States, subsequently filed a petition for reconsideration with EPA, requesting that the Agency reconsider certain aspects of the ERP Rule. EPA granted the petition for reconsideration on July 1, 2004. See 69 FR 40278.\2\ After the reconsideration, EPA published its final response on June 10, 2005, which stated that the Agency would not change any aspects of the ERP. See 70 FR 33838 (June 10, 2005). On March 17, 2006, the D.C. Circuit acted on the petitions for review and vacated the ERP Rule.\3\ --------------------------------------------------------------------------- \2\ The reconsideration granted by EPA opened a new 60-day public comment period, and carried out a new public hearing, only on three issues of the ERP. These three issues included: (1) The basis for determining that the ERP was allowable under the CAA; (2) the basis for selecting the cost threshold (20 percent of the replacement cost of the process unit) that was used in the final rule to determine if a replacement was routine; and (3) a simplified procedure for incorporating a Federal Implementation Plan into State Plans to accommodate changes to the NSR rules. \3\ New York v. EPA, 443 F.3d 880 (D.C. Cir. 2006). --------------------------------------------------------------------------- III. Analysis of the State's Submittal Alabama's May 7, 2012, SIP revision makes changes to the State's PSD permitting regulations by adding a definition of ``replacement unit'' at Rule 335-3-14-.04(2)(bbb) and by modifying the definition of ``emissions unit'' at Rule 335-3-14-.04(2)(g) to expressly include replacement units as existing emissions units. As of the date of the submittal, these changes were intended to reflect revisions to the Federal regulations regarding replacement units included in the NSR Reform Reconsideration Rule and to reflect revisions regarding functionally equivalent components in the ERP Rule, as described in Sections II.A and II.B of this action, above. The SIP revision initially sought to add a definition of ``replacement unit'' at Rule 335-3-14-.04(2)(bbb) that combined the Federal definition of ``replacement unit'' with language concerning functionally equivalent units and basic design parameters from the ERP Rule. However, the ERP Rule was vacated by the D.C. Circuit following the submittal of Alabama's SIP revision. Accordingly, on May 5, 2017, Alabama submitted a letter to EPA withdrawing, among other things, portions of the definition of ``replacement unit'' form its May 7, 2012, SIP revision that incorporated language from the ERP Rule with the exception of one sentence in subparagraph (bbb)(3) that provides an example of a ``basic design parameter'' as it relates to a replacement unit. EPA has evaluated this sentence, and the Agency believes that it is simply an illustrative example and that Alabama's provisions relating to RMRR remain consistent with Federal provisions and the CAA regarding RMRR. Pursuant to the withdrawal letter, the text of Rule 335-3-14-.04(2)(bbb)(3) for incorporation into the SIP reads as follows: Replacement unit means an emissions unit for which all the criteria listed in subparagraphs (2)(bbb)1. through 4. of this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. A replacement unit is subject to all permitting requirements for modifications under this rule. 1. The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit. 2. The emissions unit is identical to or functionally equivalent to the replaced emissions unit. 3. The replacement does not alter the basic design parameters of the process unit. Basic design parameters of a replaced unit shall also include all source specific emission limits and/or monitoring requirements. 4. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. In Rule 335-3-14-.04(2)(g), Alabama revises the definition of ``Emissions Unit'' by adding a new sentence at subparagraph (g)(2) that expressly includes replacement units as existing emissions units. This sentence references the new definition of ``replacement unit'' at Rule 335-3-14-.04(2)(bbb), as presented above, and is consistent with the Federal definition of the term ``replacement unit'' at 40 CFR 52.21(b)(33). EPA has concluded that adding this change and Rule 335-3- 14-.04(2)(bbb) to the SIP will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the CAA. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of ADEM Administrative Code Rules 335-3-14-.04(2)(g) and 335-3-14-.04(2)(bbb), state effective on May 29, 2012. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the [[Page 40074]] State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\4\ --------------------------------------------------------------------------- \4\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Final Action EPA is taking direct final action to approve the portions of Alabama's May 7, 2012, SIP submittals, as revised via the State's May 5, 2017 withdrawal letter, that modify Rule 335-3-14-.04(2)(g) and add Rule 335-3-14-.04(2)(bbb), as described above. This action is limited to the two rule revisions currently before the Agency and does not modify any other PSD rules in Alabama's SIP. EPA is approving the aforementioned changes to the SIP without prior proposal because the Agency views this as a noncontroversial submittal 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 adverse comments be filed. This rule will be effective October 23, 2017 without further notice unless the Agency receives adverse comments by September 25, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on October 23, 2017 and no further action will be taken on the proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 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 be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 23, 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 this 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 7, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart B--Alabama 0 2. Section 52.50(c) is amended under ``Chapter No. 335-3-14 Air Permits'' by [[Page 40075]] revising the entry for ``Section 335-3-14-.04'' to read as follows: Sec. 52.50 Identification of plan. * * * * * (c) * * * EPA Approved Alabama Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-14 Air Permits ---------------------------------------------------------------------------------------------------------------- Section 335-3-14-.04............ Air Permits 5/29/2012 8/24/2017 [Insert As of August 24, 2017 Authorizing citation of Section 335-3-14-.04 Construction in publication]. does not include Clean Air Areas Alabama's revision to [Prevention of adopt the PM2.5 SILs Significant threshold and Deterioration provisions (as Permitting (PSD)]. promulgated in the October 20, 2010 PM2.5 PSD Increment-SILs-SMC Rule at 40 CFR 1.166(k)(2) and the term ``particulate matter emissions'' (as promulgated in the May 16, 2008 NSR PM2.5 Rule (at 40 CFR 51.166(b)(49)(vi)). * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-17342 Filed 8-23-17; 8:45 am] BILLING CODE 6560-50-P
![40072 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Rules and Regulations
directions given to them by the Captain should include discussion of all points In this document, EPA is taking direct
of the Port Buffalo, or his on-scene you wish to make. EPA will generally final action to approve the portions of
representative. not consider comments or comment this submittal that make changes to
Dated: August 17, 2017. contents located outside of the primary ADEM Administrative Code Rule 335–
Joseph S. Dufresne,
submission (i.e., on the web, cloud, or 3–14–.04—‘‘Air Permits Authorizing
other file sharing system). For Construction in Clean Air Areas
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
additional submission methods, the full [Prevention of Significant Deterioration
EPA public comment policy, Permitting (PSD)].’’ Alabama’s May 7,
[FR Doc. 2017–17933 Filed 8–23–17; 8:45 am]
information about CBI or multimedia 2012, SIP submittal changes the PSD
BILLING CODE 9110–04–P
submissions, and general guidance on regulations at Rule 335–3–14–.04 by
making effective comments, please visit adding a definition of ‘‘replacement
http://www2.epa.gov/dockets/ unit’’ and by modifying the definition of
ENVIRONMENTAL PROTECTION commenting-epa-dockets. ‘‘emissions unit’’ to expressly include
AGENCY replacement units as existing emissions
FOR FURTHER INFORMATION CONTACT:
Andres Febres of the Air Regulatory units. As revised in the May 5, 2017,
40 CFR Part 52
Management Section, Air Planning and withdrawal letter discussed in Section
[EPA–R04–OAR–2017–0371; FRL–9966–47– Implementation Branch, Air, Pesticides III, below, these changes are similar to
Region 4] those made to the Federal PSD
and Toxics Management Division, U.S.
Environmental Protection Agency, regulations at 40 CFR 52.21(b)(7) and
Air Plan Approval; Alabama: PSD (33) in the rule titled ‘‘Prevention of
Replacement Units Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr. Significant Deterioration (PSD) and
AGENCY: Environmental Protection Febres can be reached by telephone at Non-Attainment New Source Review
Agency (EPA). (404) 562–8966 or via electronic mail at (NSR): Reconsideration’’ See 68 FR
ACTION: Direct final rule. febres-martinez.andres@epa.gov. 63021 (November 7, 2003) (hereinafter
referred to as the NSR Reform
SUPPLEMENTARY INFORMATION:
SUMMARY: The Environmental Protection Reconsideration Rule).
Agency (EPA) is approving a portion of I. What action is the Agency taking? EPA is not taking action on the
Alabama’s State Implementation Plan portions of Alabama’s May 7, 2012,
(SIP) revision submitted by the State of On May 7, 2012, ADEM submitted a submittal regarding ADEM
Alabama, through the Alabama SIP revision for EPA’s approval that Administrative Code Chapter 335–3–
Department of Environmental includes, among other things, changes 10—‘‘Standards of Performance for New
Management (ADEM), on May 7, 2012. to Alabama’s PSD permitting regulations Stationary Sources,’’ and Chapter 335–
The portion of the revision that EPA is as part of the State’s New Source 3–11—‘‘National Emission Standards for
approving relates to the State’s Review (NSR) permitting program.1 The Hazardous Air Pollutants.’’ In the
Prevention of Significant Deterioration NSR program, established in parts C and submittal, Alabama acknowledges that
(PSD) permitting regulations. In D of title I of the CAA and EPA’s these regulations are not part of
particular, the revision adds a definition implementing regulations at 40 CFR Alabama’s SIP and states that the
of ‘‘replacement unit’’ and provides that 51.165, 40 CFR 51.166, and 40 CFR ‘‘revisions to these [regulations] are not
a replacement unit is a type of existing 52.21, is a preconstruction review and proposed to be incorporated into
emissions unit under the definition of permitting program applicable to new Alabama’s SIP.’’
‘‘emissions unit.’’ This action is being major stationary sources of regulated
NSR pollutants and major modifications II. Background
taken pursuant to the Clean Air Act
(CAA or Act). at existing major stationary sources. A A. NSR Reform
major modification is defined as any
DATES: This direct final rule is effective On December 31, 2002, EPA
physical change in or change in the
October 23, 2017 without further notice, method of operation of a major published final rule revisions to the
unless EPA receives adverse comment stationary source that would result in a CAA’s PSD and Nonattainment New
by September 25, 2017. If EPA receives significant emissions increase of a Source Review (NNSR) programs. See
such comments, it will publish a timely regulated NSR pollutant and a 67 FR 80186 (hereinafter referred to as
withdrawal of the direct final rule in the significant net emissions increase of that the 2002 NSR Rule). The revisions
Federal Register and inform the public pollutant from the major stationary included several major changes to the
that the rule will not take effect. source. See 40 CFR 51.165(a)(1), NSR program, including the addition of
ADDRESSES: Submit your comments, 51.166(b)(2)(i), and 52.21(b)(2)(i). an actual-to-projected-actual emissions
identified by Docket ID No EPA–R04– test for determining NSR applicability
OAR–2017–0371 at http:// 1 EPA’s regulations governing the implementation for existing emissions units.
www.regulations.gov. Follow the online of NSR permitting programs are contained in 40 Following publication, EPA received
instructions for submitting comments. CFR 51.160—51.166; 52.21, 52.24; and part 51, numerous petitions requesting
Once submitted, comments cannot be appendix S. The CAA NSR program is composed reconsideration of several aspects of the
of three separate programs: PSD, NNSR, and Minor
edited or removed from Regulations.gov. NSR. PSD is established in part C of title I of the
final rule. On July 30, 2003 (68 FR
EPA may publish any comment received CAA and applies in areas that meet the NAAQS— 44624), EPA granted reconsideration on
to its public docket. Do not submit ‘‘attainment areas’’—as well as areas where there is six issues, including whether
electronically any information you insufficient information to determine if the area replacement units should be allowed to
meets the NAAQS—‘‘unclassifiable areas.’’ The
rmajette on DSKBCKNHB2PROD with RULES
consider to be Confidential Business NNSR program is established in part D of title I of
use the actual-to-projected-actual
Information (CBI) or other information the CAA and applies in areas that are not in applicability test to determine whether
whose disclosure is restricted by statute. attainment of the NAAQS—‘‘nonattainment areas.’’ installing a replacement unit results in
Multimedia submissions (audio, video, The Minor NSR program addresses construction or a significant emissions increase. On
modification activities that do not qualify as
etc.) must be accompanied by a written ‘‘major’’ and applies regardless of the designation
November 7, 2003, EPA published the
comment. The written comment is of the area in which a source is located. Together, NSR Reform Reconsideration Rule. See
considered the official comment and these programs are referred to as the NSR programs. 68 FR 63021. In the reconsideration
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![Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Rules and Regulations 40075
revising the entry for ‘‘Section 335–3– § 52.50 Identification of plan. (c) * * *
14–.04’’ to read as follows: * * * * *
EPA APPROVED ALABAMA REGULATIONS
State effec-
State citation Title/subject EPA approval date Explanation
tive date
* * * * * * *
Chapter No. 335–3–14 Air Permits
Section 335–3–14–.04 ... Air Permits Authorizing 5/29/2012 8/24/2017 [Insert cita- As of August 24, 2017 Section 335–3–14–.04
Construction in Clean tion of publication]. does not include Alabama’s revision to adopt
Air Areas [Prevention the PM2.5 SILs threshold and provisions (as
of Significant Deterio- promulgated in the October 20, 2010 PM2.5
ration Permitting PSD Increment-SILs-SMC Rule at 40 CFR
(PSD)]. 1.166(k)(2) and the term ‘‘particulate matter
emissions’’ (as promulgated in the May 16,
2008 NSR PM2.5 Rule (at 40 CFR
51.166(b)(49)(vi)).
* * * * * * *
* * * * * Office, telephone: 727–824–5305, email: Corrections
[FR Doc. 2017–17342 Filed 8–23–17; 8:45 am] adam.bailey@noaa.gov. In the Federal Register on July 25,
BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: On July 2017, in FR Doc. 2017–15588:
25, 2017, NMFS published a final rule 1. On p. 34594, instruction 2 is
in the Federal Register (82 FR 34584) to corrected to read as follows:
DEPARTMENT OF COMMERCE implement management measures in ‘‘2. In § 622.1, revise the Table 1 entry
Amendment 37. The final rule modifies for ‘‘FMP for the Snapper-Grouper
National Oceanic and Atmospheric the fishery management unit boundaries Fishery of the South Atlantic Region,’’
Administration for hogfish in the South Atlantic by revise the entry for footnote 2, and add
establishing two hogfish stocks, a footnote 8 to Table 1 to read as follows:’’
50 CFR Part 622 Georgia through North Carolina (GA/ 2. On page 34594, footnote 2 in Table
NC) stock and a Florida Keys/East 1 to § 622.1 is corrected to read as
[Docket No. 160906822–7547–02]
Florida (FLK/EFL) stock; establishes a follows:
RIN 0648–BG33 rebuilding plan for the FLK/EFL hogfish ‘‘ 2 Black sea bass and scup are not
stock; specifies fishing levels and managed by the FMP or regulated by
Fisheries of the Caribbean, Gulf of accountability measures (AMs), and this part north of 35°15.19′ N. lat., the
Mexico, and South Atlantic; Snapper- modifies or establishes management latitude of Cape Hatteras Light, NC.’’
Grouper Fishery of the South Atlantic measures for the GA/NC and FLK/EFL Authority: 16 U.S.C. 1801 et seq.
Region; Amendment 37; Correction stocks of hogfish. The purpose of the Dated: August 21, 2017.
AGENCY: National Marine Fisheries final rule is to manage hogfish using the Chris Oliver,
Service (NMFS), National Oceanic and best scientific information available
Assistant Administrator for Fisheries,
Atmospheric Administration (NOAA), while ending overfishing and rebuilding National Marine Fisheries Service.
Commerce. the FLK/EFL hogfish stock. The final
[FR Doc. 2017–17970 Filed 8–23–17; 8:45 am]
ACTION: Final rule; correction. rule is effective August 24, 2017.
BILLING CODE 3510–22–P
Need for Correction
SUMMARY: NMFS published a final rule
on July 25, 2017, to implement As explained in the final rule for DEPARTMENT OF COMMERCE
management measures described in Amendment 37, NMFS corrected an
Amendment 37 to the Fishery error with the footnotes in Table 1 of National Oceanic and Atmospheric
Management Plan for the Snapper- § 622.1. After the final rule published, Administration
Grouper Fishery of the South Atlantic NMFS discovered an additional error in
Region (Amendment 37). This one of those footnotes addressed in the 50 CFR Part 622
notification corrects the coordinate final rule for Amendment 37. NMFS [Docket No. 160906822–7547–02]
contained in footnote 2 to Table 1 in the determined that a coordinate describing
regulatory text to be consistent with the a management boundary for black sea RIN 0648–XF602
same management boundary and bass and scup in footnote 2 was
coordinate described in other Snapper-Grouper Fishery of the South
rmajette on DSKBCKNHB2PROD with RULES
inaccurate and inconsistent with the
regulations applicable to the snapper- Atlantic; 2017 Recreational and
same management boundary referenced
grouper fishery. Commercial Closures for the Florida
in subpart I of part 622 of the Code of Keys/East Florida Stock of Hogfish in
DATES: This correction notice is effective Federal Regulations. NMFS publishes
on August 24, 2017. the South Atlantic and Gulf of Mexico
this notification to correct that mistake.
FOR FURTHER INFORMATION CONTACT: The coordinate in footnote 2 is intended AGENCY: National Marine Fisheries
Adam Bailey, NMFS Southeast Regional to be ‘‘35°15.19′’’, not ‘‘35°15.9′’’. Service (NMFS), National Oceanic and
VerDate Sep<11>2014 15:25 Aug 23, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1](https://thefederalregister.org/doc/82_FR_40235/page/4.svg)
Document Created: 2018-10-24 12:38:31
Document Modified: 2018-10-24 12:38:31
| 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 is effective October 23, 2017 without further notice, unless EPA receives adverse comment by September 25, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Andres Febres of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Febres can be reached by telephone at (404) 562-8966 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 40072 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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