82 FR 51349 - Air Plan Approval; New Hampshire; Rules for Open Burning and Incinerators; Withdrawal of Direct Final Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 213 (November 6, 2017)
Federal Register Volume 82, Issue 213 (November 6, 2017)
| Page Range | 51349-51350 | |
| FR Document | 2017-24113 |
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)] [Rules and Regulations] [Pages 51349-51350] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24113] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2017-0138; FRL-9970-41-Region 1] Air Plan Approval; New Hampshire; Rules for Open Burning and Incinerators; Withdrawal of Direct Final Rule AGENCY: Environmental Protection Agency. ACTION: Withdrawal of direct final rule. ----------------------------------------------------------------------- SUMMARY: Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the September 6, 2017 direct final rule approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. New Hampshire's SIP revision establishes emission standards and operating practices for incinerators and wood waste burners that are not regulated pursuant to federal incinerator standards. This action is being taken in accordance with the Clean Air Act. DATES: The direct final rule was published on September 6, 2017 (82 FR 42037), and is withdrawn effective November 6, 2017. FOR FURTHER INFORMATION CONTACT: Alison Simcox, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109--3912, telephone (617) 918-1684, facsimile (617) 918-0684, email [email protected]. SUPPLEMENTARY INFORMATION: In the direct final rule, EPA stated that if adverse comments were submitted by October 6, 2017, the rule would be withdrawn and not take effect. EPA received an adverse comment prior to the close of the comment period and, therefore, is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed rule also published on September 6, 2017 (82 FR 42054). EPA will not institute a second comment period on this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, [[Page 51350]] Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Regional haze, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 24, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA New England. PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 Accordingly, the amendments to 40 CFR 52.1520 published in the Federal Register on September 6, 2017 (82 FR 42037), on page 42040 are withdrawn effective November 6, 2017. [FR Doc. 2017-24113 Filed 11-3-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 51349
State, local, or tribal government, in the (1) Safety zone one includes all Dated: November 1, 2017.
aggregate, or by the private sector of navigable waters within 250 yards of the Scott E. Anderson,
$100,000,000 (adjusted for inflation) or dredge barge 549 and associated Captain, U.S. Coast Guard, Captain of the
more in any one year. Though this rule equipment operating in Mifflin Range Port, Delaware Bay.
will not result in such an expenditure, and Anchorage 9 near the entrance to [FR Doc. 2017–24068 Filed 11–3–17; 8:45 am]
we do discuss the effects of this rule Mantua Creek, upriver of green buoy 63, BILLING CODE 9110–04–P
elsewhere in this preamble. on the Delaware River.
F. Environment (2) Safety zone two includes all
navigable waters within 250 yards of the ENVIRONMENTAL PROTECTION
We have analyzed this rule under AGENCY
dive barge 543 and associated
Department of Homeland Security
equipment operating in Mifflin range
Management Directive 023–01 and 40 CFR Part 52
and Anchorage 9 near the entrance to
Commandant Instruction M16475.lD,
which guide the Coast Guard in Mantua Creek, upriver of green buoy 63, [EPA–R01–OAR–2017–0138; FRL–9970–41–
complying with the National on the Delaware River. Region 1]
Environmental Policy Act of 1969 (42 (b) Definitions. (1) Captain of the Port
Air Plan Approval; New Hampshire;
U.S.C. 4321–4370f), and have means the Commander Sector Delaware
Rules for Open Burning and
determined that this action is a category Bay or any Coast Guard commissioned,
Incinerators; Withdrawal of Direct Final
of actions that do not individually or warrant, or petty officer who has been Rule
cumulatively have a significant effect on authorized by the Captain of the Port to
the human environment. This rule act on his behalf. AGENCY: Environmental Protection
involves a safety zone that encompasses (2) Designated representative means Agency.
all navigable waters within 250 yards of any Coast Guard commissioned, warrant ACTION: Withdrawal of direct final rule.
a dredge, diving operations, pipeline or petty officer who has been authorized
removal operations and all associated by the Captain of the Port, Delaware SUMMARY: Due to the receipt of an
equipment. It is categorically excluded Bay, to assist with the enforcement of adverse comment, the Environmental
from further review under paragraph safety zones described in paragraph (a) Protection Agency (EPA) is withdrawing
34(g) of Figure 2–1 of the Commandant the September 6, 2017 direct final rule
of this section.
Instruction. A Record of Environmental approving a State Implementation Plan
Consideration supporting this (c) Regulations. The general safety (SIP) revision submitted by the State of
determination is available in the docket zone regulations found in 33 CFR part New Hampshire. New Hampshire’s SIP
where indicated under ADDRESSES. 165 subpart C apply to the safety zone revision establishes emission standards
created by this section. and operating practices for incinerators
G. Protest Activities and wood waste burners that are not
(1) Entry into or transiting within
The Coast Guard respects the First either safety zone is prohibited unless regulated pursuant to federal incinerator
Amendment rights of protesters. vessels obtain permission from the standards. This action is being taken in
Protesters are asked to contact the Captain of the Port via VHF–FM accordance with the Clean Air Act.
person listed in the FOR FURTHER channel 16, or make satisfactory passing DATES: The direct final rule was
INFORMATION CONTACT section to arrangements via VHF–FM channels 13 published on September 6, 2017 (82 FR
coordinate protest activities so that your or 65, with the towing vessel SHELBY 42037), and is withdrawn effective
message can be received without per this section and the rules of the November 6, 2017.
jeopardizing the safety or security of Road (33 CFR subchapter E). Vessels FOR FURTHER INFORMATION CONTACT:
people, places or vessels. requesting to transit shall contact the Alison Simcox, Air Quality Planning
List of Subjects in 33 CFR Part 165 towing vessel SHELBY on channel 13 or Unit, U.S. Environmental Protection
65, at least 1 hour, as well as 30 Agency, New England Regional Office, 5
Harbors, Marine Safety, Navigation minutes, prior to arrival. Post Office Square—Suite 100, (Mail
(water), Reporting and recordkeeping
(2) Vessels granted permission to code OEP05–2), Boston, MA 02109—
requirements, Security measures,
enter and transit the safety zone must do 3912, telephone (617) 918–1684,
Waterways.
so in accordance with any directions or facsimile (617) 918–0684, email
For the reasons discussed in the simcox.alison@epa.gov.
orders of the Captain of the Port, his
preamble, the Coast Guard amends 33
designated representative, or the towing SUPPLEMENTARY INFORMATION: In the
CFR part 165 as follows:
vessel SHELBY. No person or vessel direct final rule, EPA stated that if
PART 165—REGULATED NAVIGATION may enter or remain in a safety zone adverse comments were submitted by
AREAS AND LIMITED ACCESS AREAS without permission from the Captain of October 6, 2017, the rule would be
the Port or the towing vessel SHELBY. withdrawn and not take effect. EPA
■ 1. The authority citation for part 165 (3) At least one side of the main received an adverse comment prior to
continues to read as follows: navigational channel will be kept clear the close of the comment period and,
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; for safe passage of vessels. therefore, is withdrawing the direct final
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; rule. EPA will address the comment in
(4) This section applies to all vessels a subsequent final action based upon
Department of Homeland Security Delegation
that intend to transit through the safety the proposed rule also published on
No. 0170.1.
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zone except vessels that are engaged in September 6, 2017 (82 FR 42054). EPA
■ 2. Add § 165.T05–1011, to read as the following operations: Enforcement
follows: will not institute a second comment
of laws; service of aids to navigation, period on this action.
§ 165.T05–1011 Safety Zone, Delaware and emergency response.
River; Pipeline Removal. (d) Enforcement periods. This section List of Subjects in 40 CFR Part 52
(a) Location. The following areas are will be enforced from November 6, Environmental protection, Air
safety zones: 2017, through December, 4 2017. pollution control, Carbon monoxide,
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![51350 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations
Incorporation by reference, such comments, it will publish a timely MDE also revised the title of COMAR
Intergovernmental relations, Lead, withdrawal of the direct final rule in the 26.11.08.07, ‘‘Requirements for
Nitrogen dioxide, Ozone, Particulate Federal Register and inform the public Municipal Waste Combustors with a
matter, Regional haze, Reporting and that the rule will not take effect. Capacity of 35 tons or greater per day
recordkeeping requirements, Sulfur ADDRESSES: Submit your comments, and less than or equal to 250 Tons Per
oxides, Volatile organic compounds. identified by Docket ID No. EPA–R03– Day,’’ to clarify that the state regulation
Dated: October 24, 2017. OAR–2017–0484 at https:// applies to small MWCs. However, this
Deborah A. Szaro, www.regulations.gov, or via email to clarification to the title of COMAR
Acting Regional Administrator, EPA New aquino.marcos@epa.gov. For comments 26.11.08.07 is a minor administrative
England. submitted at Regulations.gov, follow the change and is not part of this action.
online instructions for submitting The text of 26.11.08.07 remains
PART 52—APPROVAL AND comments. Once submitted, comments unchanged, and thus the requirements
PROMULGATION OF cannot be edited or removed from for MWCs remain unchanged. EPA is
IMPLEMENTATION PLANS Regulations.gov. For either manner of approving this revision to remove TM
submission, EPA may publish any 90–01 from Maryland’s 111(d)/129 State
■ Accordingly, the amendments to 40 comment received to its public docket. Plan for MWCs in accordance with the
CFR 52.1520 published in the Federal Do not submit electronically any requirements of the CAA as the changes
Register on September 6, 2017 (82 FR information you consider to be are administrative in nature.
42037), on page 42040 are withdrawn confidential business information (CBI)
effective November 6, 2017. II. Summary of CAA Section 111(d)/129
or other information whose disclosure is State Plan Revision and EPA Analysis
[FR Doc. 2017–24113 Filed 11–3–17; 8:45 am] restricted by statute. Multimedia
BILLING CODE 6560–50–P submissions (audio, video, etc.) must be EPA has reviewed Maryland’s
accompanied by a written comment. submittal to revise its CAA section
The written comment is considered the 111(d)/129 State Plan for MWCs in the
ENVIRONMENTAL PROTECTION official comment and should include context of the requirements of 40 CFR
AGENCY discussion of all points you wish to part 60, subpart Eb. These amendments
make. EPA will generally not consider are largely administrative in nature. In
40 CFR Part 62 this action, EPA is finalizing its
comments or comment contents located
[EPA–R03–OAR–2017–0484; FRL–9970–28– outside of the primary submission (i.e., determination that the submitted
Region 3] on the Web, cloud, or other file sharing revision meets the above-cited
system). For additional submission requirements. EPA is revising 40 CFR
Approval and Promulgation of Air methods, please contact the person part 62, subpart V (§ 62.5110 and
Quality Implementation Plans; identified in the FOR FURTHER § 61.5112) to reflect this approval.
Maryland; Continuous Opacity INFORMATION CONTACT section. For the
Monitoring Requirements for Municipal III. Final Action
full EPA public comment policy,
Waste Combustors information about CBI or multimedia EPA is approving the May 10, 2016
AGENCY: Environmental Protection submissions, and general guidance on Maryland CAA section 111(d)/129 State
Agency (EPA). making effective comments, please visit Plan revision submittal as a revision to
http://www2.epa.gov/dockets/ Maryland’s CAA section 111(d)/129
ACTION: Direct final rule.
commenting-epa-dockets. State Plan for MWCs. EPA is publishing
SUMMARY: The Environmental Protection this rule without prior proposal because
FOR FURTHER INFORMATION CONTACT:
Agency (EPA) is taking direct final EPA views this as a noncontroversial
Emily Linn, (215) 814–5273, or by email
action to approve revisions to the State amendment and anticipates no adverse
at linn.emily@epa.gov.
of Maryland’s Clean Air Act (CAA) comment. However, in the ‘‘Proposed
SUPPLEMENTARY INFORMATION: Rules’’ section of this Federal Register,
section 111(d)/129 State Plan for
municipal waste combustors (MWCs). I. Background EPA is publishing a separate document
The revisions contain Maryland’s that will serve as the proposal to
On May 10, 2016, the State of approve the 111(d)/129 State Plan
amendments to Regulations .07 and .08 Maryland submitted a formal revision
under the Code of Maryland Regulations revision if adverse comments are filed.
(MD Submittal #16–05) to its CAA This rule will be effective on January 5,
(COMAR) 26.11.08. These amendments section 111(d)/129 State Plan for MWCs.
update the MWC references to opacity 2018 without further notice unless EPA
The revisions contain Maryland’s receives adverse comment by December
compliance. The Maryland Department amendments to COMAR 26.11.08.08,
of the Environment (MDE)’s 6, 2017. If EPA receives adverse
‘‘Requirements for an Existing Large comment, EPA will publish a timely
discontinued Technical Memorandum MWC with a Capacity Greater Than 250
(TM 90–01) is no longer applicable and withdrawal in the Federal Register
Tons Per Day.’’ These amendments informing the public that the rule will
the regulations now refer to COMAR update the MWC references to opacity
26.11.31, which codifies quality not take effect. EPA will address all
compliance previously made by MDE. public comments in a subsequent final
assurance (QA) and quality control (QC) MDE’s discontinued technical
procedures for continuous opacity rule based on the proposed rule. EPA
memorandum which previously will not institute a second comment
monitors (COMs). EPA is approving this addressed QA/QC procedures for COMs,
revision to remove TM 90–01 from period on this action. Any parties
TM 90–01, is no longer state effective
Pmangrum on DSK3GDR082PROD with RULES
Maryland’s CAA section 111(d)/129 interested in commenting must do so at
and the Maryland regulations therefore this time.
State Plan in accordance with the now refer to COMAR 26.11.31, which
requirements of the CAA. codifies similar QA and QC procedures
DATES: This rule is effective on January In addition, EPA previously approved, as a revision
for COMs.1 In a state rulemaking action, to the Maryland state implementation plan, the
5, 2018 without further notice, unless regulatory requirements for QA/QC controls for
EPA receives adverse written comment 1 EPA previously approved Maryland’s State Plan COMs in COMAR 26.11.31. 81 FR 78048 (November
by December 6, 2017. If EPA receives for large MWCs on April 8, 2008 (see 73 FR 18970). 7, 2016).
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Document Created: 2017-11-07 10:30:39
Document Modified: 2017-11-07 10:30:39
| 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 | Withdrawal of direct final rule. | |
| Dates | The direct final rule was published on September 6, 2017 (82 FR 42037), and is withdrawn effective November 6, 2017. | |
| Contact | Alison Simcox, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109--3912, telephone (617) 918-1684, facsimile (617) 918-0684, email [email protected] | |
| FR Citation | 82 FR 51349 | |
| 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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