82 FR 45241 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Clean Air Interstate Rule (CAIR) Trading Programs

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range		45241-45242
FR Document		2017-20723

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of removing regulations from the Virginia SIP that established EPA-administered annual NO<INF>X</INF>, ozone season NO<INF>X</INF>, and sulfur dioxide (SO<INF>2</INF>) trading programs under the Clean Air Interstate Rule (CAIR). These EPA-administered trading programs under CAIR were discontinued on December 31, 2014 upon the implementation of the Cross- State Air Pollution Rule (CASPR), which was promulgated by EPA to replace CAIR. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017)

[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Proposed Rules]
[Pages 45241-45242]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20723]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0215; FRL-9968-32-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Removal of Clean Air Interstate Rule (CAIR) Trading Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
the state implementation plan (SIP) revision submitted by the 
Commonwealth of Virginia for the purpose of removing regulations from 
the Virginia SIP that established EPA-administered annual 
NOX, ozone season NOX, and sulfur dioxide 
(SO2) trading programs under the Clean Air Interstate Rule 
(CAIR). These EPA-administered trading programs under CAIR were 
discontinued on December 31, 2014 upon the implementation of the Cross-
State Air Pollution Rule (CASPR), which was promulgated by EPA to 
replace CAIR. In the Final Rules section of this Federal Register, EPA 
is approving the State's SIP submittal as a direct final rule without 
prior proposal because the Agency views this as a noncontroversial 
submittal and anticipates no adverse comments. A detailed rationale for 
the approval is set forth in the direct final rule. If no adverse 
comments are received in response to this action, no further activity 
is contemplated. If EPA receives adverse comments, the direct final 
rule will be withdrawn and all public comments received will be 
addressed in a subsequent final rule based on this proposed rule. EPA 
will not institute a second comment period. Any parties interested in 
commenting on this action should do so at this time.

DATES: Comments must be received in writing by October 30, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0215 at https://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. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814 2043, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: For further information, please see the 
information provided in the direct final action, with the same title, 
that is located in the ``Rules and Regulations'' section of this 
Federal Register publication. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.


[[Page 45242]]


    Dated: September 8, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-20723 Filed 9-27-17; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Proposed Rules 45241

governmental unit or, if there are no public approval occurring on or after the adverse comments are received in
such boundaries, the area in which a date that is 90 days after publication of response to this action, no further
unit may exercise such sovereign the Treasury decision adopting these activity is contemplated. If EPA receives
powers that make that unit a rules as final regulations in the Federal adverse comments, the direct final rule
governmental unit for purposes of Register. For bonds issued pursuant to will be withdrawn and all public
§ 1.103–1 and this section. a public approval occurring before that comments received will be addressed in
(2) Governmental unit has the date, see § 5f.103–2 as contained in 26 a subsequent final rule based on this
meaning of ‘‘State or local governmental CFR part 5f, revised as of the date of the proposed rule. EPA will not institute a
unit’’ as defined in § 1.103–1. Thus, a most recent annual revision. second comment period. Any parties
governmental unit is a State, territory, a interested in commenting on this action
possession of the United States, the PART 5f—TEMPORARY INCOME TAX should do so at this time.
District of Columbia, or any political REGULATIONS UNDER THE TAX
subdivision thereof. EQUITY AND FISCAL RESPONSIBILITY DATES: Comments must be received in
(3) Host approval is defined in ACT OF 1982 writing by October 30, 2017.
paragraph (b)(3) of this section. ADDRESSES: Submit your comments,
■ Par. 3. The authority citation for part
(4) Issuer approval is defined in identified by Docket ID No. EPA–R03–
5f continues to read in part as follows:
paragraph (b)(2) of this section. OAR–2017–0215 at https://
(5) Mortgage revenue bonds mean Authority: 26 U.S.C. 7805 * * *
www.regulations.gov, or via email to
qualified mortgage bonds as defined in
§ 5f.103–2 [Removed] stahl.cynthia@epa.gov. For comments
section 143(a), qualified veterans’
■ Par. 4. Section 5f.103–2 is removed. submitted at Regulations.gov, follow the
mortgage bonds as defined in section
online instructions for submitting
143(b), or refunding bonds issued to Kirsten Wielobob, comments. Once submitted, comments
finance mortgages of owner-occupied Deputy Commissioner for Services and cannot be edited or removed from
residences pursuant to applicable law in Enforcement.
Regulations.gov. For either manner of
effect prior to enactment of section [FR Doc. 2017–20661 Filed 9–27–17; 8:45 am] submission, the EPA may publish any
143(a) or section 143(b). BILLING CODE 4830–01–P comment received to its public docket.
(6) Proceeds means ‘‘proceeds’’ as
Do not submit electronically any
defined in § 1.141–1(b), except that it
information you consider to be
does not include disposition proceeds. ENVIRONMENTAL PROTECTION
(7) Project generally means one or confidential business information (CBI)
AGENCY or other information whose disclosure is
more capital projects or facilities,
including land, buildings, equipment, restricted by statute. Multimedia
40 CFR Part 52 submissions (audio, video, etc.) must be
and other property, to be financed with
an issue, that are located on the same [EPA–R03–OAR–2017–0215; FRL–9968–32– accompanied by a written comment.
site, or adjacent or proximate sites used Region 3] The written comment is considered the
for similar purposes, and that are official comment and should include
Approval and Promulgation of Air discussion of all points you wish to
subject to the public approval Quality Implementation Plans; Virginia;
requirement of section 147(f). For an make. EPA will generally not consider
Removal of Clean Air Interstate Rule comments or comment contents located
issue of mortgage revenue bonds or an (CAIR) Trading Programs
issue of qualified student loan bonds as outside of the primary submission (i.e.
defined in section 144(b), the term AGENCY: Environmental Protection on the web, cloud, or other file sharing
project means the mortgage loans or Agency (EPA). system). For additional submission
qualified student loans to be financed ACTION: Proposed rule.
methods, please contact the person
with the proceeds of the issue. For an identified in the FOR FURTHER
SUMMARY: The Environmental Protection INFORMATION CONTACT section. For the
issue of qualified 501(c)(3) bonds as
defined in section 145, the term project Agency (EPA) proposes to approve the full EPA public comment policy,
means a project as defined in the first state implementation plan (SIP) revision information about CBI or multimedia
sentence of this definition, and also is submitted by the Commonwealth of submissions, and general guidance on
deemed to include working capital Virginia for the purpose of removing making effective comments, please visit
expenditures to be financed with regulations from the Virginia SIP that https://www2.epa.gov/dockets/
proceeds of the issue. established EPA-administered annual commenting-epa-dockets.
(8) Public approval information is NOX, ozone season NOX, and sulfur
FOR FURTHER INFORMATION CONTACT: Sara
defined in paragraph (f)(6)(i) of this dioxide (SO2) trading programs under
Calcinore, (215) 814 2043, or by email
section. the Clean Air Interstate Rule (CAIR).
at calcinore.sara@epa.gov.
(9) Public hearing is defined in These EPA-administered trading
paragraph (d)(1) of this section. programs under CAIR were SUPPLEMENTARY INFORMATION: For
(10) Reasonable public notice is discontinued on December 31, 2014 further information, please see the
defined in paragraph (d)(4) of this upon the implementation of the Cross- information provided in the direct final
section. State Air Pollution Rule (CASPR), action, with the same title, that is
(11) Voter referendum means a vote which was promulgated by EPA to located in the ‘‘Rules and Regulations’’
by the voters of the affected replace CAIR. In the Final Rules section section of this Federal Register
jstallworth on DSKBBY8HB2PROD with PROPOSALS

governmental unit conducted in the of this Federal Register, EPA is publication. Please note that if EPA
same manner and time as voter approving the State’s SIP submittal as a receives adverse comment on an
referenda on matters relating to direct final rule without prior proposal amendment, paragraph, or section of
governmental spending or bond because the Agency views this as a this rule and if that provision may be
issuances by the governmental unit noncontroversial submittal and severed from the remainder of the rule,
under applicable State and local law. anticipates no adverse comments. A EPA may adopt as final those provisions
(h) Applicability date. This section detailed rationale for the approval is set of the rule that are not the subject of an
applies to bonds issued pursuant to a forth in the direct final rule. If no adverse comment.

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45242 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Proposed Rules

Dated: September 8, 2017. submitted at Regulations.gov, follow the A. Conformity
Cecil Rodrigues, online instructions for submitting B. Changes in Allowable Emissions
comments. Once submitted, comments C. Air Quality Trends
Acting Regional Administrator, Region III.
D. Compliance With Section 110(a)(2) of
[FR Doc. 2017–20723 Filed 9–27–17; 8:45 am] cannot be edited or removed from the CAA
BILLING CODE 6560–50–P Regulations.gov. For either manner of E. Equivalency Techniques
submission, EPA may publish any VII. EPA’s Proposed Action
comment received to its public docket. VIII. Incorporation by Reference
ENVIRONMENTAL PROTECTION Do not submit electronically any IX. Statutory and Executive Order Reviews
AGENCY information you consider to be I. Why was New Hampshire required to
Confidential Business Information (CBI) submit an SO2 plan for the Central New
40 CFR Part 52 or other information whose disclosure is Hampshire Nonattainment area?
[EPA–R01–OAR–2017–0083; FRL–9968–43– restricted by statute. Multimedia
Region 1] submissions (audio, video, etc.) must be On June 22, 2010, EPA promulgated a
accompanied by a written comment. new 1-hour primary SO2 NAAQS of 75
Air Plan Approval; New Hampshire; The written comment is considered the parts per billion (ppb), which is met at
Nonattainment Plan for the Central official comment and should include an ambient air quality monitoring site
New Hampshire SO2 Nonattainment discussion of all points you wish to when the 3-year average of the annual
Area make. EPA will generally not consider 99th percentile of 1-hour daily
comments or comment contents located maximum concentrations does not
AGENCY: Environmental Protection exceed 75 ppb, as determined in
Agency (EPA). outside of the primary submission (i.e.,
on the web, cloud, or other file sharing accordance with appendix T of 40 CFR
ACTION: Proposed rule. part 50. See 75 FR 35520, codified at 40
system). For additional submission
methods, please contact the person CFR 50.17(a)–(b). On August 5, 2013,
SUMMARY: The Environmental Protection
identified in the FOR FURTHER EPA designated a first set of 29 areas of
Agency (EPA) is proposing to approve
INFORMATION CONTACT section. For the
the country as nonattainment for the
the State Implementation Plan (SIP)
full EPA public comment policy, 2010 SO2 NAAQS, including the Central
revision that the State of New
information about CBI or multimedia New Hampshire Nonattainment Area
Hampshire submitted to EPA on January
submissions, and general guidance on within the State of New Hampshire. See
31, 2017 for attaining the 1-hour sulfur
making effective comments, please visit 78 FR 47191, codified at 40 CFR part 81,
dioxide (SO2) primary national ambient
http://www.epa.gov/dockets/ subpart C. These area designations were
air quality standard (NAAQS) for the
effective October 4, 2013. Section 191 of
Central New Hampshire Nonattainment commenting-epa-dockets.
the CAA directs states to submit SIPs for
Area. This plan (herein called a FOR FURTHER INFORMATION CONTACT:
areas designated as nonattainment for
‘‘nonattainment plan’’) includes New Leiran Biton, EPA New England, 5 Post the SO2 NAAQS to EPA within 18
Hampshire’s attainment demonstration Office Square Suite 100, Mail Code months of the effective date of the
and other elements required under the OEP05–2, Boston, MA 02109–3912; designation, i.e., by no later than April
Clean Air Act (CAA). In addition to an phone: 617–918–1267; fax: 617–918– 4, 2015 in this case. These SIPs are
attainment demonstration, the 0267; email: biton.leiran@epa.gov. required to demonstrate that their
nonattainment plan addresses the SUPPLEMENTARY INFORMATION: respective areas will attain the NAAQS
requirement for meeting reasonable Throughout this document whenever as expeditiously as practicable, but no
further progress (RFP) toward ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean later than 5 years from the effective date
attainment of the NAAQS, reasonably EPA. of designation, which is October 4,
available control measures and
Table of Contents 2018.
reasonably available control technology For a number of areas, including the
(RACM/RACT), base-year and I. Why was New Hampshire required to Central New Hampshire Nonattainment
projection-year emission inventories, submit an SO2 plan for the Central New Area, EPA published a notice on March
and contingency measures. As a part of Hampshire Nonattainment area?
II. Requirements for SO2 Nonattainment Area 18, 2016 that New Hampshire and other
approving the attainment pertinent states had failed to submit the
demonstration, EPA is also proposing to Plans
III. Attainment Demonstration and Longer- required SO2 nonattainment plan by the
approve SO2 emission limits and Term Averaging submittal deadline. See 81 FR 14736.
associated compliance parameters for IV. Review of Modeled Attainment Plan This finding initiated a deadline under
Merrimack Station into the New A. Model Selection and Modeling CAA section 179(a) for the potential
Hampshire SIP. EPA proposes to Components imposition of new source and highway
conclude that New Hampshire has B. Area of Analysis funding sanctions, and for EPA to
appropriately demonstrated that the C. Receptor Grid
promulgate a federal implementation
nonattainment plan provisions provide D. Meteorological Data
E. Source Characterization plan (FIP) under section 110(c) of the
for attainment of the 2010 1-hour CAA. In response to the requirement for
F. Emissions Data
primary SO2 NAAQS in the Central New G. Emission Limits SO2 nonattainment plan submittals,
Hampshire Nonattainment Area by the 1. Enforceability New Hampshire submitted a
applicable attainment date and that the 2. Longer-Term Average Limits nonattainment plan for the Central New
nonattainment plan meets the other H. Background Concentrations Hampshire Nonattainment Area on
jstallworth on DSKBBY8HB2PROD with PROPOSALS

applicable requirements under the CAA. I. Summary of Results January 31, 2017. Pursuant to New
DATES: Comments must be received on V. Review of Other Plan Requirements Hampshire’s January 31, 2017 submittal
or before October 30, 2017. A. Emissions Inventory
and EPA’s subsequent letter dated
B. RACM/RACT
ADDRESSES: Submit your comments, March 20, 2017 to New Hampshire
C. New Source Review (NSR)
identified by Docket ID No. EPA–R01– D. Reasonable Further Progress (RFP) finding the submittal complete and
OAR–2017–0083 at http:// E. Contingency Measures noting the stopping of the sanctions
www.regulations.gov, or via email to VI. Additional Elements of New Hampshire’s deadline, these sanctions under section
biton.leiran@epa.gov. For comments Submittal 179(a) will not be imposed. However, to

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Document Created: 2017-09-28 01:33:04
Document Modified: 2017-09-28 01:33:04

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		Comments must be received in writing by October 30, 2017.
Contact		Sara Calcinore, (215) 814 2043, or by email at [email protected]
FR Citation		82 FR 45241