82 FR 43699 - Air Plan Approval; Maine; Regional Haze 5-Year Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 180 (September 19, 2017)
Federal Register Volume 82, Issue 180 (September 19, 2017)
| Page Range | 43699-43701 | |
| FR Document | 2017-19817 |
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)] [Rules and Regulations] [Pages 43699-43701] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19817] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2016-0110; FRL-9967-88-Region 1] Air Plan Approval; Maine; Regional Haze 5-Year Progress Report AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Maine on February 23, 2016. Maine's SIP revision addresses requirements of the Clean Air Act (CAA) and EPA's rules that require States to submit periodic reports describing progress toward reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the State's existing regional haze SIP. Maine's progress report notes that Maine has implemented the measures in the regional haze SIP due to be in place by the date of the progress [[Page 43700]] report and that visibility in federal Class I areas affected by emissions from Maine is improving and has already met the applicable RPGs for 2018. Maine also determined that the State's regional haze SIP is adequate to meet these reasonable progress goals for the first implementation period covering through 2018 and requires no substantive revision at this time. DATES: This rule is effective on October 19, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2016-0110. 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, i.e., 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 at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Anne McWilliams, Air Quality Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, MA 02109-3912, telephone number (617) 918-1697, fax number (617) 918-0697, email [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Background II. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Background States are required to submit a progress report in the form of a SIP revision every five years that evaluates progress towards the RPGs for each mandatory Class I Federal area within the state and in each mandatory Class I Federal area outside the state which may be affected by emissions from within the state. See 40 CFR 51.308(g). In addition, the provisions under 40 CFR 51.308(h) require States to submit, at the same time as the 40 CFR 51.308(g) progress report, a determination of the adequacy of the state's existing regional haze SIP. The first progress report SIP is due five years after submittal of the initial regional haze SIP. On July 20, 2017 (82 FR 33471), EPA published a notice of proposed rulemaking (NPR) proposing approval of Maine's February 23, 2016 Regional Haze 5-Year Progress Report SIP revision on the basis that it satisfies the requirements of 40 CFR 51.308(g) and (h). The specific details of Maine's February 23, 2016 SIP revision and the rationale for EPA's approval are discussed in the NPR and will not be restated here. EPA received one comment agreeing with EPA's assessment of Maine's February 23, 2016 Regional Haze 5-Year Progress Report. II. Final Action EPA is approving Maine's February 23, 2016 Regional Haze 5-Year Progress Report SIP submittal as meeting the requirements of 40 CFR 51.308(g) and (h). III. 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, the EPA is finalizing the incorporation by reference of New Hampshire's regulation described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through http://www.regulations.gov. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). [[Page 43701]] The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 20, 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 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, Regional haze, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 7, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart U--Maine 0 2. In Sec. 52.1020, the table in paragraph (e) is amended by adding the entry ``Regional Haze 5-Year Progress Report'' at the end of the table to read as follows: Sec. 52.1020 Identification of plan. * * * * * (e) * * * Maine Non Regulatory -------------------------------------------------------------------------------------------------------------------------------------------------------- State Name of non regulatory SIP provision Applicable geographic or submittal date/ EPA approved date \3\ Explanations nonattainment area effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Regional Haze 5-Year Progress Report................ Statewide...................... 2/23/2016 9/19/2017, [insert Progress report for the Federal Register first regional haze citation]. planning period ending in 2018. -------------------------------------------------------------------------------------------------------------------------------------------------------- \3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. [FR Doc. 2017-19817 Filed 9-18-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 43699
introductory text, (a)(1), and (c) to read the procedural or other grounds for his/ United States, or of any State, territory,
as follows: her action.* * * or the District of Columbia, or any
* * * * * subdivisions thereof, with respect to any
§ 102.72 Filing petition with general information, facts, or other matter
counsel: investigation upon motion of (c) If in connection with an 8(b)(7)
general counsel; transfer of petition and proceeding, unfair labor practice coming to that person’s knowledge in
proceeding from region to general counsel charges under other sections of the Act that person’s official capacity or with
or to another region; consolidation of have been filed and the Regional respect to the contents of any files,
proceedings in same region; severance; Director upon investigation has documents, reports, memoranda, or
procedure before general counsel in cases declined to issue a complaint upon such records of the Board or of the General
over which the general counsel has charges, he/she shall so advise the Counsel, whether in answer to a
assumed jurisdiction. parties in writing, accompanied by a subpoena or otherwise, without the
(a) Whenever it appears necessary in simple statement of the procedural or written consent of the Board or the
order to effectuate the purposes of the other grounds for his/her action.* * * Chairman of the Board if the person is
Act, or to avoid unnecessary costs or ■ 12. Amend § 102.83 by revising the in Washington, DC, and subject to the
delay, the General Counsel may permit second sentence to read as follows: supervision or control of the Board or
a petition to be filed with him/her in was subject to such supervision or
Washington, DC, or may, at any time § 102.83 Petition for referendum under control when formerly employed at the
Section 9(e)(1) of the Act; who may file; Agency; or of the General Counsel if the
after a petition has been filed with a where to file; withdrawal.
Regional Director pursuant to § 102.60, person is in a Regional Office of the
order that such petition and any * * * The petition shall be in writing Agency or is in Washington, DC, and
proceeding that may have been and signed, and either must be sworn to subject to the supervision or control of
instituted with respect thereto: before a notary public, Board agent, or the General Counsel or was subject to
other person duly authorized by law to such supervision or control when
(1) Be transferred to and continued administer oaths and take
before him/her, for the purpose of formerly employed at the Agency. A
acknowledgments or must contain a request that such consent be granted
investigation or consolidation with any declaration by the person signing it,
other proceeding which may have been must be in writing and must identify the
under the penalties of the Criminal person whose testimony is desired, the
instituted in a Regional Office or with Code, that its contents are true and
him/her; or nature of the pending proceeding, and
correct to the best of his/her knowledge the purpose to be served by the
* * * * * and belief.* * * testimony of the official.
(c) The Regional Director may ■ 13. Amend § 102.118 by revising * * * * *
exercise the powers in paragraphs (a)(2) paragraphs (a) and (b) to read as follows:
and (4) of this section with respect to National Labor Relations Board.
proceedings pending in his/her Region. § 102.118 Present and former Board Gary Shinners,
employees prohibited from producing Executive Secretary.
■ 10. Amend § 102.80 by revising documents and testifying; production of
[FR Doc. 2017–19781 Filed 9–18–17; 8:45 am]
paragraph (b) to read as follows: witnesses’ statements after direct
testimony. BILLING CODE 7545–01–P
§ 102.80 Dismissal of petition; refusal to (a) Prohibition on producing files and
process petition under expedited
procedure.
documents. Except as provided in
§ 102.117 respecting requests cognizable ENVIRONMENTAL PROTECTION
* * * * * under the Freedom of Information Act, AGENCY
(b) If it shall appear to the regional no present or former employee or
director that an expedited election is not 40 CFR Part 52
specially designated agent of the Agency
warranted but that proceedings under will produce or present any files, [EPA–R01–OAR–2016–0110; FRL–9967–88–
subpart C of this part are warranted, he/ documents, reports, memoranda, or Region 1]
she shall so notify the parties in writing records of the Board or of the General
with a simple statement of the grounds Counsel, whether in response to a Air Plan Approval; Maine; Regional
for his/her decision. subpoena duces tecum or otherwise, Haze 5-Year Progress Report
* * * * * without the written consent of the Board AGENCY: Environmental Protection
■ 11. Amend § 102.81 by revising the or the Chairman of the Board if the Agency.
first sentence of paragraph (a) and the document is in Washington, DC, and in ACTION: Final rule.
first sentence of paragraph (c) to read as control of the Board; or of the General
Counsel if the document is in a Regional SUMMARY: The Environmental Protection
follows:
Office of the Board or is in Washington, Agency (EPA) is approving a State
§ 102.81 Review by the general counsel of DC, and in the control of the General Implementation Plan (SIP) revision
refusal to proceed on charge; resumption of Counsel. A request that such consent be submitted by the State of Maine on
proceedings upon charge held during granted must be in writing and must February 23, 2016. Maine’s SIP revision
pendency of petition; review by general identify the documents to be produced, addresses requirements of the Clean Air
counsel of refusal to proceed on related the nature of the pending proceeding, Act (CAA) and EPA’s rules that require
charge.
and the purpose to be served by the States to submit periodic reports
asabaliauskas on DSKBBXCHB2PROD with RULES
(a) Where an election has been production of the documents. describing progress toward reasonable
directed by the Regional Director or the (b) Prohibition on testifying. No progress goals (RPGs) established for
Board in accordance with the provisions present or former employee or specially regional haze and a determination of the
of §§ 102.77 and 102.78, the Regional designated agent of the Agency will adequacy of the State’s existing regional
Director shall decline to issue a testify on behalf of any party to any haze SIP. Maine’s progress report notes
complaint on the charge, and he/she cause pending in any court or before the that Maine has implemented the
shall so advise the parties in writing, Board, or any other board, commission, measures in the regional haze SIP due
accompanied by a simple statement of or other administrative agency of the to be in place by the date of the progress
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The Congressional Review Act, 5 reconsideration by the Administrator of Dated: September 7, 2017.
U.S.C. 801 et seq., as added by the Small this final rule does not affect the finality Deborah A. Szaro,
Business Regulatory Enforcement of this action for the purposes of judicial Acting Regional Administrator, EPA New
Fairness Act of 1996, generally provides review nor does it extend the time England.
that before a rule may take effect, the within which a petition for judicial Part 52 of chapter I, title 40 of the
agency promulgating the rule must review may be filed, and shall not Code of Federal Regulations is amended
submit a rule report, which includes a postpone the effectiveness of such rule as follows:
copy of the rule, to each House of the or action. This action may not be
Congress and to the Comptroller General challenged later in proceedings to PART 52—APPROVAL AND
of the United States. EPA will submit a PROMULGATION OF
enforce its requirements. (See section
report containing this action and other IMPLEMENTATION PLANS
307(b)(2)).
required information to the U.S. Senate,
the U.S. House of Representatives, and List of Subjects in 40 CFR Part 52 ■ 1. The authority citation for part 52
the Comptroller General of the United continues to read as follows:
States prior to publication of the rule in Environmental protection, Air
Authority: 42 U.S.C. 7401 et seq.
the Federal Register. A major rule pollution control, Carbon monoxide,
cannot take effect until 60 days after it Incorporation by reference, Subpart U—Maine
is published in the Federal Register. Intergovernmental relations, Lead,
This action is not a ‘‘major rule’’ as Nitrogen dioxide, Ozone, Particulate ■ 2. In § 52.1020, the table in paragraph
defined by 5 U.S.C. 804(2). matter, Regional haze, Reporting and (e) is amended by adding the entry
Under section 307(b)(1) of the Clean recordkeeping requirements, Sulfur ‘‘Regional Haze 5-Year Progress Report’’
Air Act, petitions for judicial review of oxides, Volatile organic compounds. at the end of the table to read as follows:
this action must be filed in the United
States Court of Appeals for the § 52.1020 Identification of plan.
appropriate circuit by November 20, * * * * *
2017. Filing a petition for (e) * * *
MAINE NON REGULATORY
Applicable State
Name of non regulatory SIP geographic or submittal EPA approved date 3 Explanations
provision nonattainment date/effective
area date
* * * * * * *
Regional Haze 5-Year Progress Re- Statewide ............ 2/23/2016 9/19/2017, [insert Federal Reg- Progress report for the first re-
port. ister citation]. gional haze planning period
ending in 2018.
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
[FR Doc. 2017–19817 Filed 9–18–17; 8:45 am] (Cephalorhynchus hectori maui) as FOR FURTHER INFORMATION CONTACT: Lisa
BILLING CODE 6560–50–P endangered and the South Island (SI) Manning, NMFS, Office of Protected
Hector’s dolphin (C. hectori hectori) as Resources, lisa.manning@noaa.gov,
threatened under the Endangered (301) 427–8466.
DEPARTMENT OF COMMERCE Species Act (ESA). We considered SUPPLEMENTARY INFORMATION:
comments submitted on the proposed
National Oceanic and Atmospheric Background
listing rule and have determined that
Administration the Maui dolphin and the SI Hector’s On July 15, 2013, we received a
dolphin warrant listing as endangered petition from WildEarth Guardians to
50 CFR Parts 223 and 224 and threatened species, respectively. We list 81 marine species or populations as
[Docket No. 160614520–7805–02] will not designate critical habitat for endangered or threatened species under
either of these dolphin subspecies, the ESA. We determined that the
RIN 0648–XE686 petition had sufficient merit for further
because the geographical areas occupied
consideration, and status reviews were
Endangered and Threatened Wildlife by these dolphins are entirely outside
initiated for 27 of the 81 species or
and Plants: Final Rule To List the Maui U.S. jurisdiction, and we have not
populations, including the Hector’s
Dolphin as Endangered and the South identified any unoccupied areas within dolphin (Cephalorhynchus hectori; 78
Island Hector’s Dolphin as Threatened U.S. jurisdiction that are currently FR 63941, October 25, 2013; 78 FR
Under the Endangered Species Act essential to the conservation of either of 66675, November 6, 2013; 78 FR 69376,
asabaliauskas on DSKBBXCHB2PROD with RULES
these subspecies. November 19, 2013; 79 FR 9880,
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and DATES:This final rule is effective February 21, 2014; and 79 FR 10104,
Atmospheric Administration (NOAA), October 19, 2017. February 24, 2014). On September 19,
Commerce. 2016, we published a proposed rule to
ADDRESSES: Endangered Species list the Maui dolphin (Cephalorhynchus
ACTION: Final rule.
Division, NMFS Office of Protected hectori maui) as endangered and the SI
SUMMARY: We, NMFS, issue a final rule Resources (F/PR3), 1315 East West Hector’s dolphin (C. hectori hectori) as
to list the Maui dolphin Highway, Silver Spring, MD 20910. threatened (81 FR 64110). We requested
VerDate Sep<11>2014 16:10 Sep 18, 2017 Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1](https://thefederalregister.org/doc/82_FR_43879/page/3.svg)
Document Created: 2018-10-24 14:18:36
Document Modified: 2018-10-24 14:18:36
| 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 October 19, 2017. | |
| Contact | Anne McWilliams, Air Quality Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, MA 02109-3912, telephone number (617) 918-1697, fax number (617) 918-0697, email [email protected] | |
| FR Citation | 82 FR 43699 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Regional Haze; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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