82 FR 48942 - Approval and Revision of Air Quality Implementation Plans; State of New York; Regional Haze State and Federal Implementation Plans
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 203 (October 23, 2017)
Federal Register Volume 82, Issue 203 (October 23, 2017)
| Page Range | 48942-48944 | |
| FR Document | 2017-22365 |
[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)] [Proposed Rules] [Pages 48942-48944] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22365] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2017-0340; FRL-9969-72-Region 2] Approval and Revision of Air Quality Implementation Plans; State of New York; Regional Haze State and Federal Implementation Plans AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) proposes to approve a source-specific revision to the New York State Implementation Plan (SIP). The SIP revision establishes Best Available Retrofit Technology (BART) emission limits for sulfur dioxide that are identical to those set by the EPA's Federal Implementation Plan (FIP) for the Roseton Generating Station, Units 1 and 2, which was promulgated in an action taken on August 28, 2012. The EPA proposes to find that the SIP revision fulfills the requirements of the Clean Air Act and the EPA's Regional Haze Rule for the Roseton Generating Station, Units 1 and 2. In conjunction with this proposed approval, we propose to withdraw those portions of the FIP that address BART for the Roseton Generating Station, Units 1 and 2. DATES: Comment must be received on or before November 22, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02- OAR-2017-0340), to http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, 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: Irene B. Nielson, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 10007-1866 at 212-637-3586 or by email at nielson.irene@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. What action is the EPA proposing? II. What is the background information for this proposal? A. SIP and FIP Background B. Regional Haze Background C. EPA Action on New York's Regional Haze Submittals III. What is included in the NYSDEC SIP proposal? IV. What is the EPA analysis of NYSDEC's submittal? V. Incorporation by Reference VI. Statutory and Executive Order Reviews Throughout this document whenever ``Agency,'' ``we,'' ``us,'' or ``our'' is used, we mean the EPA. [[Page 48943]] I. What action is the EPA proposing? The EPA is proposing to approve a source-specific State Implementation Plan (SIP) revision for Units 1 and 2 at the Roseton Generating Station submitted by the New York State Department of Environmental Conservation (NYSDEC) on April 18, 2017. The EPA is proposing to approve emission limits for sulfur dioxide (SO2 ) for Units 1 and 2 at the Roseton Generating Station that are equivalent to the emission limits established by the EPA's Federal Implementation Plan (FIP), as promulgated on August 28, 2012 (77 FR 51915). II. What is the background information for this proposal? This section provides a brief overview of the requirements of the Clean Air Act (CAA) and Regional Haze Rule, as they apply to this particular action. Please refer to our previous rulemakings on the New York Regional Haze SIP for additional background regarding the visibility protection provisions of the CAA and the Regional Haze Rule.\1\ --------------------------------------------------------------------------- \1\ 77 FR 24794 (April 25, 2012) (proposed rule); 77 FR 27162 (May 9, 2012) (Notice of Data Availability); 77 FR 51915 (Aug. 28, 2012) (final rule). --------------------------------------------------------------------------- A. SIP and FIP Background The CAA requires each state to develop plans to meet various air quality requirements, including protection of visibility. (CAA sections 110(a), 169A, and 169B). The plans developed by a state are referred to as SIPs. A state must submit its SIPs and SIP revisions to EPA for approval. Once approved, a SIP is federally enforceable, that is enforceable by the EPA and subject to citizen suits under the CAA. If a state fails to make a required SIP submittal, or if we find that a state's required submittal is incomplete, or if we disapprove the submittal, then EPA must promulgate a FIP to fill this regulatory gap. (CAA section 110(c)(1)). B. Regional Haze Background In the 1977 Amendments to the CAA, Congress initiated a program for protecting visibility in the nation's national parks and wilderness areas. Section 169A(a)(1) of the CAA establishes as a national goal the ``prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas which impairment results from manmade air pollution.'' In 1990 Congress added section 169B to the CAA to address regional haze issues. On July 1, 1999, the EPA promulgated the Regional Haze Rule (RHR) (64 FR 35714). The requirement to submit a Regional Haze SIP applies to New York and all 50 states, the District of Columbia and the Virgin Islands. The RHR required states to submit the first implementation plan addressing regional haze visibility impairment no later than December 17, 2007. 40 CFR 51.308(b). C. EPA Action on New York's Regional Haze Submittals The EPA's final action on New York's Regional Haze SIP included approving 17 source-specific SIP revisions containing permits for Best Available Retrofit Technology (BART) and promulgating a FIP to address two sources where EPA disapproved New York's BART determinations. These two sources are the Roseton Generating Station (Units 1 and 2) and the Danskammer Generating Station (Unit 4). 77 FR 51915 (August 28, 2012). In the 2012 FIP, the EPA ``encourage[d] New York at any time to submit a SIP revision to incorporate provisions that match the terms of our FIP, or relevant portion thereof,'' explaining that if EPA approved the SIP revision, it would replace the FIP provisions (77 FR 51915). On April 18, 2017, NYSDEC responded to this by submitting a request for a source-specific SIP revision for the Roseton Generating Station, Units 1 and 2, that matches the terms of EPA's FIP. Because NYSDEC was not required to update its BART determinations beyond incorporating the BART emission limits from the 2012 FIP, the EPA has no basis to disapprove the SIP revision and supplant it with another FIP. Therefore, in this action, the EPA proposes to approve the SIP revision and remove the Roseton Generating Station, Units 1 and 2, from the FIP. This action follows EPA's proposed action to remove the Danskammer Generation Station Unit 4 from the FIP. See 82 FR 21749 (May 10, 2017). III. What is included in the NYSDEC SIP submittal? On April 18, 2017, NYSDEC submitted a request for a source-specific SIP Revision for Roseton Generating Station, Units 1 and 2, intended to replace the EPA's FIP BART emission limits and related requirements that were promulgated on August 28, 2012 (77 FR 51915). NYSDEC submitted to the EPA the Title V permit conditions 32.1 and 32.2 (pages 30-31) of the permit renewed on December 5, 2016 for the Roseton Generating Station, Units 1 and 2, and a copy of the NYSDEC ENB notice of February 15, 2017 for the proposed Roseton Generating Station SIP revision.\2\ --------------------------------------------------------------------------- \2\ In the SIP submittal and in subsequent correspondence with the EPA, NYSDEC notes the NOX and PM limits for Roseton Generating Station Units 1 and 2, which were not subject to the FIP and are not part of this SIP action, are consistent with BART limits approved by EPA in in its August 28, 2012 Final Action on New York's Regional Haze SIP (77 FR 51915). --------------------------------------------------------------------------- IV. What is the EPA analysis of NYSDEC's submittal? NYSDEC's submittal includes BART emission limits for the Roseton Generating Station, Units 1 and 2, that are identical to those contained in the EPA FIP: 0.55 pounds of SO2 per million British thermal unit (lb SO2 /MMBtu) calculated on a 24 hour average for each unit (Units 1 and 2). The EPA has evaluated and is proposing to approve NYSDEC's SIP submittal for the Roseton Generating Station, Units 1 and 2, which consists of emission limits for SO2 and other administrative requirements (i.e., monitoring, recordkeeping and reporting requirements). The SIP requirements are identical to those in the EPA's FIP promulgated on August 28, 2012. Consequently, the EPA proposes to withdraw those portions of the FIP that address BART for the Roseton Generating Station, Units 1 and 2. The EPA will fully consider all significant comments on this proposed revision to the NYSDEC SIP with regard to Roseton Generating Station. V. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference a source-specific SIP revision dated April 18, 2017, which includes BART emission limits for SO2 . The summary of emission limits and other enforceable requirements are included in section IV of this rulemaking. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 2 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). VI. Statutory and Executive Order Reviews In reviewing NYSDEC's SIP submittal, the EPA's role is to approve state choices if they meet the requirements of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not [[Page 48944]] 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 Order 12866 (58 FR 51735, October 4, 1993)) and 13563 (76 FR 3821, January 21, 2011); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866 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 (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). 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Sulfur oxides, Reporting recordkeeping requirements. Dated: September 29, 2017. Catherine R. McCabe, Acting Regional Administrator, Region 2. [FR Doc. 2017-22365 Filed 10-20-17; 8:45 am] BILLING CODE 6560-50-P
![48942 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Proposed Rules
review, under figure 2–1, paragraph PART 117—DRAWBRIDGE Clean Air Act and the EPA’s Regional
(32)(e), of the Instruction. OPERATION REGULATIONS Haze Rule for the Roseton Generating
A preliminary Record of Station, Units 1 and 2. In conjunction
Environmental Consideration and a ■ 1. The authority citation for part 117 with this proposed approval, we
Memorandum for the Record not continues to read as follows: propose to withdraw those portions of
required for this proposed rule. We seek the FIP that address BART for the
any comments or information that may Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
Roseton Generating Station, Units 1 and
lead to the discovery of a significant No. 0170.1. 2.
environmental impact from this
proposed rule. ■ 2. In § 117.273, revise paragraph (b) to DATES: Comment must be received on or
read as follows: before November 22, 2017.
G. Protest Activities
§ 117.273 Canaveral Barge Canal, ADDRESSES: Submit your comments,
The Coast Guard respects the First Canaveral, FL. identified by Docket ID No. EPA–R02–
Amendment rights of protesters. OAR–2017–0340), to http://
Protesters are asked to contact the * * * * *
(b) The drawspan of the SR401 www.regulations.gov. Follow the online
person listed in the FOR FURTHER instructions for submitting comments.
Drawbridge, mile 5.5 at Port Canaveral,
INFORMATION CONTACT section to Once submitted, comments cannot be
must open on signal; except that, from
coordinate protest activities so that your edited or removed from Regulations.gov.
6:30 a.m. to 8 a.m. and 3:30 p.m. to 5:15
message can be received without The EPA may publish any comment
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Comments will be allowed to remain closed to Business Information (CBI) or other
navigation from 11 a.m. to 2 p.m. each information whose disclosure is
We view public participation as
day. From 10 p.m. to 6 a.m. the restricted by statute. Multimedia
essential to effective rulemaking, and
drawspan must open on signal if at least submissions (audio, video, etc.) must be
will consider all comments and material
three hours notice is given. The accompanied by a written comment.
received during the comment period.
drawspan must open as soon as possible The written comment is considered the
Your comment can help shape the
for the passage of public vessels of the official comment and should include
outcome of this rulemaking. If you
United States and tugs with tows. discussion of all points you wish to
submit a comment, please include the
make. The EPA will generally not
docket number for this rulemaking, Dated: October 17, 2017.
consider comments or comment
indicate the specific section of this Peter J. Brown, contents located outside of the primary
document to which each comment Rear Admiral, U.S. Coast Guard, Commander, submission (i.e., on the web, cloud, or
applies, and provide a reason for each Seventh Coast Guard District. other file sharing system). For
suggestion or recommendation. [FR Doc. 2017–22939 Filed 10–20–17; 8:45 am]
We encourage you to submit additional submission methods, the full
comments through the Federal
BILLING CODE 9110–04–P EPA public comment policy,
eRulemaking Portal at http:// information about CBI or multimedia
www.regulations.gov. If your material submissions, and general guidance on
ENVIRONMENTAL PROTECTION making effective comments, please visit
cannot be submitted using http://
AGENCY http://www2.epa.gov/dockets/
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION commenting-epa-dockets.
40 CFR Part 52
CONTACT section of this document for FOR FURTHER INFORMATION CONTACT:
alternate instructions. [EPA–R02–OAR–2017–0340; FRL–9969–72– Irene B. Nielson, Environmental
We accept anonymous comments. All Region 2]
Protection Agency, Air Programs
comments received will be posted Branch, 290 Broadway, New York, New
Approval and Revision of Air Quality
without change to http:// York 10007–1866 at 212–637–3586 or
Implementation Plans; State of New
www.regulations.gov and will include by email at nielson.irene@epa.gov.
York; Regional Haze State and Federal
any personal information you have
Implementation Plans SUPPLEMENTARY INFORMATION:
provided. For more about privacy and
the docket, visit http:// AGENCY: Environmental Protection Table of Contents
www.regulations.gov/privacynotice. Agency (EPA).
Documents mentioned in this NPRM I. What action is the EPA proposing?
ACTION: Proposed rule.
as being available in this docket and all II. What is the background information for
public comments, will be in our online SUMMARY: The Environmental Protection this proposal?
docket at http://www.regulations.gov Agency (EPA) proposes to approve a A. SIP and FIP Background
source-specific revision to the New York B. Regional Haze Background
and can be viewed by following that
State Implementation Plan (SIP). The C. EPA Action on New York’s Regional
Web site’s instructions. Additionally, if
Haze Submittals
you go to the online docket and sign up SIP revision establishes Best Available
III. What is included in the NYSDEC SIP
for email alerts, you will be notified Retrofit Technology (BART) emission
jstallworth on DSKBBY8HB2PROD with PROPOSALS
proposal?
when comments are posted or a final limits for sulfur dioxide that are IV. What is the EPA analysis of NYSDEC’s
rule is published. identical to those set by the EPA’s submittal?
Federal Implementation Plan (FIP) for V. Incorporation by Reference
List of Subjects in 33 CFR Part 117 the Roseton Generating Station, Units 1 VI. Statutory and Executive Order Reviews
Bridges. and 2, which was promulgated in an
For the reasons discussed in the action taken on August 28, 2012. The Throughout this document whenever
preamble, the Coast Guard proposes to EPA proposes to find that the SIP ‘‘Agency,’’ ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used,
amend 33 CFR part 117 as follows: revision fulfills the requirements of the we mean the EPA.
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![Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Proposed Rules 48943
I. What action is the EPA proposing? 35714). The requirement to submit a Roseton Generating Station SIP
The EPA is proposing to approve a Regional Haze SIP applies to New York revision.2
source-specific State Implementation and all 50 states, the District of
IV. What is the EPA analysis of
Plan (SIP) revision for Units 1 and 2 at Columbia and the Virgin Islands. The
NYSDEC’s submittal?
the Roseton Generating Station RHR required states to submit the first
submitted by the New York State implementation plan addressing NYSDEC’s submittal includes BART
Department of Environmental regional haze visibility impairment no emission limits for the Roseton
Conservation (NYSDEC) on April 18, later than December 17, 2007. 40 CFR Generating Station, Units 1 and 2, that
2017. The EPA is proposing to approve 51.308(b). are identical to those contained in the
emission limits for sulfur dioxide (SO2) EPA FIP: 0.55 pounds of SO2 per
C. EPA Action on New York’s Regional
for Units 1 and 2 at the Roseton million British thermal unit (lb SO2/
Haze Submittals
Generating Station that are equivalent to MMBtu) calculated on a 24 hour average
The EPA’s final action on New York’s for each unit (Units 1 and 2).
the emission limits established by the Regional Haze SIP included approving
EPA’s Federal Implementation Plan The EPA has evaluated and is
17 source-specific SIP revisions proposing to approve NYSDEC’s SIP
(FIP), as promulgated on August 28, containing permits for Best Available
2012 (77 FR 51915). submittal for the Roseton Generating
Retrofit Technology (BART) and Station, Units 1 and 2, which consists
II. What is the background information promulgating a FIP to address two of emission limits for SO2 and other
for this proposal? sources where EPA disapproved New administrative requirements (i.e.,
York’s BART determinations. These two monitoring, recordkeeping and
This section provides a brief overview
sources are the Roseton Generating reporting requirements). The SIP
of the requirements of the Clean Air Act Station (Units 1 and 2) and the
(CAA) and Regional Haze Rule, as they requirements are identical to those in
Danskammer Generating Station (Unit the EPA’s FIP promulgated on August
apply to this particular action. Please 4). 77 FR 51915 (August 28, 2012).
refer to our previous rulemakings on the 28, 2012. Consequently, the EPA
In the 2012 FIP, the EPA proposes to withdraw those portions of
New York Regional Haze SIP for ‘‘encourage[d] New York at any time to
additional background regarding the the FIP that address BART for the
submit a SIP revision to incorporate Roseton Generating Station, Units 1 and
visibility protection provisions of the provisions that match the terms of our
CAA and the Regional Haze Rule.1 2. The EPA will fully consider all
FIP, or relevant portion thereof,’’ significant comments on this proposed
A. SIP and FIP Background explaining that if EPA approved the SIP revision to the NYSDEC SIP with regard
revision, it would replace the FIP to Roseton Generating Station.
The CAA requires each state to
provisions (77 FR 51915). On April 18,
develop plans to meet various air V. Incorporation by Reference
2017, NYSDEC responded to this by
quality requirements, including
submitting a request for a source- In this rule, the EPA is proposing to
protection of visibility. (CAA sections
specific SIP revision for the Roseton include in a final EPA rule regulatory
110(a), 169A, and 169B). The plans
Generating Station, Units 1 and 2, that text that includes incorporation by
developed by a state are referred to as
matches the terms of EPA’s FIP. Because reference. In accordance with
SIPs. A state must submit its SIPs and
NYSDEC was not required to update its requirements of 1 CFR 51.5, the EPA is
SIP revisions to EPA for approval. Once
BART determinations beyond proposing to incorporate by reference a
approved, a SIP is federally enforceable,
incorporating the BART emission limits source-specific SIP revision dated April
that is enforceable by the EPA and
from the 2012 FIP, the EPA has no basis 18, 2017, which includes BART
subject to citizen suits under the CAA.
to disapprove the SIP revision and emission limits for SO2. The summary
If a state fails to make a required SIP
supplant it with another FIP. Therefore, of emission limits and other enforceable
submittal, or if we find that a state’s
in this action, the EPA proposes to requirements are included in section IV
required submittal is incomplete, or if
approve the SIP revision and remove the of this rulemaking. The EPA has made,
we disapprove the submittal, then EPA
Roseton Generating Station, Units 1 and and will continue to make, these
must promulgate a FIP to fill this
2, from the FIP. This action follows materials generally available through
regulatory gap. (CAA section 110(c)(1)).
EPA’s proposed action to remove the www.regulations.gov and/or at the EPA
B. Regional Haze Background Danskammer Generation Station Unit 4 Region 2 Office (please contact the
In the 1977 Amendments to the CAA, from the FIP. See 82 FR 21749 (May 10, person identified in the FOR FURTHER
Congress initiated a program for 2017). INFORMATION CONTACT section of this
protecting visibility in the nation’s III. What is included in the NYSDEC preamble for more information).
national parks and wilderness areas. SIP submittal? VI. Statutory and Executive Order
Section 169A(a)(1) of the CAA On April 18, 2017, NYSDEC Reviews
establishes as a national goal the submitted a request for a source-specific
‘‘prevention of any future, and the In reviewing NYSDEC’s SIP submittal,
SIP Revision for Roseton Generating the EPA’s role is to approve state
remedying of any existing, impairment Station, Units 1 and 2, intended to
of visibility in mandatory Class I choices if they meet the requirements of
replace the EPA’s FIP BART emission the CAA. Accordingly, this action
Federal areas which impairment results limits and related requirements that
from manmade air pollution.’’ In 1990 merely approves state law as meeting
were promulgated on August 28, 2012
jstallworth on DSKBBY8HB2PROD with PROPOSALS
Congress added section 169B to the Federal requirements and does not
(77 FR 51915).
CAA to address regional haze issues. On NYSDEC submitted to the EPA the 2 In the SIP submittal and in subsequent
July 1, 1999, the EPA promulgated the Title V permit conditions 32.1 and 32.2 correspondence with the EPA, NYSDEC notes the
Regional Haze Rule (RHR) (64 FR (pages 30–31) of the permit renewed on NOX and PM limits for Roseton Generating Station
December 5, 2016 for the Roseton Units 1 and 2, which were not subject to the FIP
1 77 FR 24794 (April 25, 2012) (proposed rule); 77 and are not part of this SIP action, are consistent
FR 27162 (May 9, 2012) (Notice of Data
Generating Station, Units 1 and 2, and with BART limits approved by EPA in in its August
Availability); 77 FR 51915 (Aug. 28, 2012) (final a copy of the NYSDEC ENB notice of 28, 2012 Final Action on New York’s Regional Haze
rule). February 15, 2017 for the proposed SIP (77 FR 51915).
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![48944 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Proposed Rules
impose additional requirements beyond Dated: September 29, 2017. accompanied by a written comment.
those imposed by state law. For that Catherine R. McCabe, The written comment is considered the
reason, this action: Acting Regional Administrator, Region 2. official comment and should include
• Is not a ‘‘significant regulatory [FR Doc. 2017–22365 Filed 10–20–17; 8:45 am] discussion of all points you wish to
action’’ subject to review by the Office BILLING CODE 6560–50–P
make. The EPA will generally not
of Management and Budget under consider comments or comment
Executive Order 12866 (58 FR 51735, contents located outside of the primary
October 4, 1993)) and 13563 (76 FR ENVIRONMENTAL PROTECTION submission (i.e., on the web, cloud, or
3821, January 21, 2011); AGENCY other file sharing system). For
• is not an Executive Order 13771 (82 additional submission methods, please
FR 9339, February 2, 2017) regulatory 40 CFR Part 52 contact the person identified in the FOR
action because SIP approvals are FURTHER INFORMATION CONTACT section.
[EPA–R09–OAR–2017–0580; FRL–9969–81–
exempted under Executive Order 12866 Region 9] For the full EPA public comment policy,
• does not impose an information information about CBI or multimedia
collection burden under the provisions Contingency Measures for the 1997 submissions, and general guidance on
of the Paperwork Reduction Act (44 PM2.5 Standards; California; San making effective comments, please visit
U.S.C. 3501 et seq.); Joaquin Valley; Correction of https://www2.epa.gov/dockets/
• is certified as not having a Deficiency commenting-epa-dockets.
significant economic impact on a FOR FURTHER INFORMATION CONTACT: Rory
substantial number of small entities AGENCY: Environmental Protection Mays, EPA Region IX, (415) 972–3227,
under the Regulatory Flexibility Act (5 Agency (EPA). mays.rory@epa.gov.
U.S.C. 601 et seq.); ACTION: Proposed rule. SUPPLEMENTARY INFORMATION:
• does not contain any unfunded Throughout this document, whenever
mandate or significantly or uniquely SUMMARY: The Environmental Protection ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
affect small governments, as described Agency (EPA) is proposing to determine the EPA.
in the Unfunded Mandates Reform Act that the deficiency that formed the basis
for a disapproval of the contingency Table of Contents
of 1995 (Pub. L. 104–4);
measures submitted for the San Joaquin
• does not have Federalism I. Background
Valley nonattainment area for the 1997 II. Proposed Determination and Termination
implications as specified in Executive
fine particulate matter (PM2.5) national of Sanctions
Order (64 FR 43255, August 10, 1999);
ambient air quality standards has been III. Request for Public Comment
• is not an economically significant IV. Statutory and Executive Order Reviews
corrected. The proposed determination
regulatory action based on health or
is based on the Agency’s approval of I. Background
safety risks subject to Executive Order
revisions to the California State
13045 (62 FR 19885, April 23, 1997); Under sections 108 and 109 of the
Implementation Plan that include
• is not a significant regulatory action Clean Air Act (CAA or ‘‘Act’’), the EPA
regulations establishing standards and
subject to Executive Order 13211 (66 FR establishes national ambient air quality
other requirements relating to the
28355, May 22, 2001); standards (NAAQS). Over the years, the
control of emissions from new on-road
• is not subject to requirements of EPA has established NAAQS for
and new and in-use off-road vehicles
section 12(d) of the National particulate matter, ozone, carbon
and engines and a finding that the
Technology Transfer and Advancement monoxide, lead, nitrogen dioxide, and
purposes of the contingency measure
Act of 1995 (15 U.S.C. 272 note) because sulfur dioxide. Under CAA section 110,
requirement, as applicable to the San
application of those requirements would each state must adopt and submit state
Joaquin Valley based on its initial
be inconsistent with the CAA; and implementation plans (SIPs) to
designation as a nonattainment area for
• does not provide EPA with the implement, maintain, and enforce the
the 1997 PM2.5 standards, have been
discretionary authority to address as NAAQS within such state. Under CAA
fulfilled. If finalized as proposed, the
appropriate, disproportionate human section 107, the EPA designates areas of
sanctions clocks triggered by the
health or environmental effects, using the country as ‘‘nonattainment’’ if the
disapproval will be permanently
practicable and legally permissible area does not meet a particular NAAQS
stopped.
methods, under Executive Order 12898 or if the area contributes to ambient air
(59 FR 7629, February 16, 1994). DATES: Any comments must arrive by quality in a nearby area that does not
In addition, the SIP is not approved to November 22, 2017. meet the NAAQS. In response to a
apply on any Indian reservation land or ADDRESSES: Submit your comments, nonattainment designation, states must
in any other area where EPA or an identified by docket number EPA–R09– revise their SIPs to provide for, among
Indian tribe has demonstrated that a OAR–2017–0580 at https:// other things, reasonable further progress
tribe has jurisdiction. In those areas of www.regulations.gov, or via email to (RFP), attainment by the most
Indian country, the rule does not have Rory Mays at mays.rory@epa.gov. expeditious date practicable but no later
tribal implications and will not impose Follow the online instructions for than the applicable attainment date, and
substantial direct costs on tribal submitting comments. Once submitted, contingency measures in the event the
governments or preempt tribal law as comments cannot be edited or removed area fails to meet RFP or attainment by
specified by Executive Order 13175 (65 from Regulations.gov. For either manner the applicable attainment date. See,
jstallworth on DSKBBY8HB2PROD with PROPOSALS
FR 67249, November 9, 2000). of submission, the EPA may publish any generally, part D of title I of the CAA.
comment received to its public docket. Under CAA section 110(k), the EPA is
List of Subjects in 40 CFR Part 52 Do not submit electronically any charged with review of each SIP and SIP
Environmental protection, Air information you consider to be revision submitted by each state for
pollution control, Incorporation by Confidential Business Information (CBI) compliance with applicable CAA
reference, Intergovernmental relations, or other information whose disclosure is requirements and for approval or
Sulfur oxides, Reporting recordkeeping restricted by statute. Multimedia disapproval (in whole or in part)
requirements. submissions (audio, video, etc.) must be through notice-and-comment
VerDate Sep<11>2014 16:24 Oct 20, 2017 Jkt 244001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\23OCP1.SGM 23OCP1](https://thefederalregister.org/doc/82_FR_49145/page/3.svg)
Document Created: 2017-10-21 02:35:43
Document Modified: 2017-10-21 02:35:43
| 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 | Comment must be received on or before November 22, 2017. | |
| Contact | Irene B. Nielson, Environmental Protection Agency, Air Programs Branch, 290 Broadway, New York, New York 10007-1866 at 212-637-3586 or by email at [email protected] | |
| FR Citation | 82 FR 48942 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Sulfur Oxides and Reporting Recordkeeping Requirements |
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