82 FR 58115 - Air Plan Approval; Florida; Stationary Sources Emissions Monitoring; Withdrawal
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 236 (December 11, 2017)
Federal Register Volume 82, Issue 236 (December 11, 2017)
| Page Range | 58115-58116 | |
| FR Document | 2017-26633 |
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)] [Rules and Regulations] [Pages 58115-58116] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26633] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0500; FRL-9971-72-Region 4] Air Plan Approval; Florida; Stationary Sources Emissions Monitoring; Withdrawal AGENCY: Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. ----------------------------------------------------------------------- SUMMARY: Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the October 13, 2017, direct final rule that would have approved changes to the Florida Department of Environmental Protection (FDEP) State Implementation Plan (SIP) to revise Florida's requirements and procedures for emissions monitoring at stationary sources. EPA will address the comment in a separate final action based upon the proposed rulemaking action, also published on October 13, 2017. DATES: The direct final rule published at 82 FR 47636, on October 13, 2017, is withdrawn effective December 11, 2017. FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Febres can be reached via telephone at (404) 562-8966 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: On October 13, 2017 (82 FR 47636), EPA published a direct final rule approving a portion of a SIP revision submitted by the State of Florida, through FDEP on February 1, 2017, for the purpose of revising Florida's requirements and procedures for emissions monitoring at stationary sources. Florida's February 1, 2017, SIP submittal included amendments to three Florida Administrative Code (F.A.C.) rule sections, as well as the removal of one F.A.C. rule section from the Florida SIP in order to eliminate redundant language and make updates to the requirements for emissions monitoring at stationary sources. Additionally, the October 13, 2017, direct final rule included a correction to remove an additional F.A.C. rule that was previously approved for removal from the SIP in a separate action but was never removed. In the direct final rule, EPA explained that the Agency was publishing the rule without prior proposal because the Agency viewed the submittal as a non-controversial SIP amendment and anticipated no adverse comments. Further, EPA explained that the Agency was publishing a separate document in the proposed rules section of the Federal Register to serve as the proposal to approve the SIP revision should an adverse comment be filed. EPA also noted that the rule would be effective generally 30 days after the close of the public comment period, without further notice unless the Agency received adverse comment by the close of the public comment period. EPA explained that if the Agency received such [[Page 58116]] comments, then EPA would publish a document withdrawing the final rule and informing the public that the rule would not take effect. It was also explained that all public comments received would then be addressed in a subsequent final rule based on the proposed rule, and that EPA would not institute a second comment period on this action. EPA received one adverse comment from a single Commenter on the aforementioned changes. EPA will address the comment in a separate final action based on the proposed action also published on October 13, 2017 (82 FR 47662). In addition, because information in the docket was not fully accessible to the public during the initial comment period, in a separate action EPA will reopen the comment period for the proposed rule. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: November 21, 2017. Onis ``Trey'' Glenn, III Regional Administrator, Region 4. 0 Accordingly, the amendment to 40 CFR 52.520(c) published on October 13, 2017 (82 FR 47636), is withdrawn effective December 11, 2017. [FR Doc. 2017-26633 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations 58115
E. Unfunded Mandates Reform Act Department of Homeland Security Delegation the October 13, 2017, direct final rule
No. 0170.1. that would have approved changes to
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T08–0986 to read as the Florida Department of
follows: Environmental Protection (FDEP) State
Federal agencies to assess the effects of
Implementation Plan (SIP) to revise
their discretionary regulatory actions. In § 165.T08–0986 Safety Zone; Lower Florida’s requirements and procedures
particular, the Act addresses actions Mississippi River, New Orleans, LA. for emissions monitoring at stationary
that may result in the expenditure by a
(a) Location. The following area is a sources. EPA will address the comment
State, local, or tribal government, in the
safety zone: All navigable waters of the in a separate final action based upon the
aggregate, or by the private sector of
Lower Mississippi River above Head of proposed rulemaking action, also
$100,000,000 (adjusted for inflation) or
Passes, New Orleans, LA between mile published on October 13, 2017.
more in any one year. Though this rule
marker 94.0 and mile marker 95.0. DATES: The direct final rule published at
will not result in such expenditure, we
(b) Effective period. This section is 82 FR 47636, on October 13, 2017, is
do discuss the effects of this rule
effective from 8:30 p.m. through 9:30 withdrawn effective December 11, 2017.
elsewhere in this preamble.
p.m. on January 6, 2018. FOR FURTHER INFORMATION CONTACT:
F. Environment (c) Regulations. (1) In accordance with Andres Febres, Air Regulatory
We have analyzed this rule under the general regulations in § 165.23 of Management Section, Air Planning and
Department of Homeland Security this part, entry into this zone is Implementation Branch, Air, Pesticides
Management Directive 023–01 and prohibited unless specifically and Toxics Management Division, U.S.
Commandant Instruction M16475.lD, authorized by the Captain of the Port Environmental Protection Agency,
which guide the Coast Guard in Sector New Orleans (COTP) or Region 4, 61 Forsyth Street SW.,
complying with the National designated representative. A designated Atlanta, Georgia 30303–8960. Mr.
Environmental Policy Act of 1969 representative is a commissioned, Febres can be reached via telephone at
(NEPA) (42 U.S.C. 4321–4370f), and warrant, or petty officer of the U.S. (404) 562–8966 or via electronic mail at
have determined that this action is one Coast Guard assigned to units under the febres-martinez.andres@epa.gov.
of a category of actions that do not operational control of USCG Sector New SUPPLEMENTARY INFORMATION: On
individually or cumulatively have a Orleans. October 13, 2017 (82 FR 47636), EPA
significant effect on the human (2) Vessels requiring entry into this published a direct final rule approving
environment. This rule involves a safety safety zone must request permission a portion of a SIP revision submitted by
zone lasting one hour on one mile of from the COTP or a designated the State of Florida, through FDEP on
navigable waters between mile marker representative. They may be contacted February 1, 2017, for the purpose of
(MM) 94.0 and MM 95.0 of the Lower on VHF–FM Channel 16 or 67. revising Florida’s requirements and
Mississippi River. Normally such (3) Persons and vessels permitted to procedures for emissions monitoring at
actions are categorically excluded from enter this safety zone must transit at stationary sources. Florida’s February 1,
further review under paragraph L60(a) their slowest safe speed and comply 2017, SIP submittal included
of Appendix A, Table 1 of DHS with all lawful directions issued by the amendments to three Florida
Instruction Manual 023–01–001–01, COTP or the designated representative. Administrative Code (F.A.C.) rule
Rev. 01. A Record of Environmental (d) Information broadcasts. The COTP sections, as well as the removal of one
Consideration (REC) is available in the or a designated representative will F.A.C. rule section from the Florida SIP
docket for this rulemaking. inform the public through Broadcast in order to eliminate redundant
Notices to Mariners of any changes in language and make updates to the
G. Protest Activities the planned schedule. requirements for emissions monitoring
The Coast Guard respects the First Dated: December 4, 2017. at stationary sources. Additionally, the
Amendment rights of protesters. Wayne R. Arguin, October 13, 2017, direct final rule
Protesters are asked to contact the Captain, U.S. Coast Guard, Captain of the included a correction to remove an
person listed in the FOR FURTHER Port New Orleans. additional F.A.C. rule that was
INFORMATION CONTACT section to [FR Doc. 2017–26561 Filed 12–8–17; 8:45 am] previously approved for removal from
coordinate protest activities so that your BILLING CODE 9110–04–P the SIP in a separate action but was
message can be received without never removed.
jeopardizing the safety or security of In the direct final rule, EPA explained
people, places, or vessels. that the Agency was publishing the rule
ENVIRONMENTAL PROTECTION
without prior proposal because the
List of Subjects in 33 CFR Part 165 AGENCY
Agency viewed the submittal as a non-
Harbors, Marine safety, Navigation 40 CFR Part 52 controversial SIP amendment and
(water), Reporting and recordkeeping anticipated no adverse comments.
requirements, Security measures, [EPA–R04–OAR–2017–0500; FRL–9971–72– Further, EPA explained that the Agency
Waterways. Region 4] was publishing a separate document in
For the reasons discussed in the the proposed rules section of the
Air Plan Approval; Florida; Stationary
preamble, the Coast Guard to amend 33 Federal Register to serve as the proposal
Sources Emissions Monitoring;
CFR part 165 as follows: to approve the SIP revision should an
Withdrawal
adverse comment be filed. EPA also
sradovich on DSK3GMQ082PROD with RULES
PART 165—REGULATED NAVIGATION AGENCY: Environmental Protection noted that the rule would be effective
AREAS AND LIMITED ACCESS AREAS Agency (EPA). generally 30 days after the close of the
ACTION: Withdrawal of direct final rule. public comment period, without further
■ 1. The authority citation for part 165 notice unless the Agency received
continues to read as follows: SUMMARY: Due to the receipt of an adverse comment by the close of the
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; adverse comment, the Environmental public comment period. EPA explained
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Protection Agency (EPA) is withdrawing that if the Agency received such
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![58116 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
comments, then EPA would publish a ensure that Minnesota emissions do not applicable infrastructure elements, CAA
document withdrawing the final rule significantly contribute to section 110(a)(2)(D)(i), requires SIPs to
and informing the public that the rule nonattainment or interfere with contain ‘‘good neighbor’’ provisions to
would not take effect. It was also maintenance of the 2008 ozone NAAQS prohibit certain adverse air quality
explained that all public comments in any other state. The proposed effects on neighboring states due to
received would then be addressed in a rulemaking associated with this final interstate transport of pollution. There
subsequent final rule based on the action was published on July 17, 2017, are four sub-elements within CAA
proposed rule, and that EPA would not and EPA received no comments during section 110(a)(2)(D)(i). This action
institute a second comment period on the comment period, which ended on addresses the first two sub-elements of
this action. August 16, 2017. the good neighbor provisions, at CAA
EPA received one adverse comment DATES: This final rule is effective on section 110(a)(2)(D)(i)(I). These sub-
from a single Commenter on the January 10, 2018. elements require that each SIP for a new
aforementioned changes. EPA will ADDRESSES: EPA has established a or revised standard contain adequate
address the comment in a separate final docket for this action under Docket ID provisions to prohibit any source or
action based on the proposed action also No. EPA–R05–OAR–2016–0327. All other type of emissions activity within
published on October 13, 2017 (82 FR documents in the docket are listed on the state from emitting air pollutants
47662). In addition, because information the www.regulations.gov Web site. that will ‘‘contribute significantly to
in the docket was not fully accessible to Although listed in the index, some nonattainment’’ or ‘‘interfere with
the public during the initial comment information is not publicly available, maintenance’’ of the applicable air
period, in a separate action EPA will i.e., Confidential Business Information quality standard in any other state.
reopen the comment period for the (CBI) or other information whose II. EPA’s Analysis of Minnesota’s
proposed rule. disclosure is restricted by statute. Submittal
List of Subjects in 40 CFR Part 52 Certain other material, such as On May 26, 2016, the State of
copyrighted material, is not placed on Minnesota submitted a revision to its
Environmental protection, Air the Internet and will be publicly
pollution control, Carbon monoxide, SIP to address the first two sub-elements
available only in hard copy form. of the good neighbor provisions, at CAA
Incorporation by reference, Publicly available docket materials are
Intergovernmental relations, Lead, section 110(a)(2)(D)(i)(I). Specifically,
available either through Minnesota’s submission asserts that the
Nitrogen dioxide, Ozone, Particulate www.regulations.gov or at the
matter, Reporting and recordkeeping state’s SIP contains adequate provisions
Environmental Protection Agency, to prohibit any source or other type of
requirements, Sulfur oxides, Volatile Region 5, Air and Radiation Division, 77
organic compounds. emissions activity within the state from
West Jackson Boulevard, Chicago, emitting air pollutants that will
Dated: November 21, 2017. Illinois 60604. This facility is open from ‘‘contribute significantly to
Onis ‘‘Trey’’ Glenn, III 8:30 a.m. to 4:30 p.m., Monday through nonattainment’’ or ‘‘interfere with
Regional Administrator, Region 4. Friday, excluding Federal holidays. We maintenance’’ of the 2008 ozone
■ Accordingly, the amendment to 40 recommend that you telephone Eric standard in any other state. The SIP
CFR 52.520(c) published on October 13, Svingen, Environmental Engineer, at submission highlights rules and statutes
2017 (82 FR 47636), is withdrawn (312) 353–4489 before visiting the already in Minnesota’s SIP that limit
effective December 11, 2017. Region 5 office. emissions of nitrogen oxides (NOX) and
FOR FURTHER INFORMATION CONTACT: Eric volatile organic compounds (VOC), the
[FR Doc. 2017–26633 Filed 12–8–17; 8:45 am]
Svingen, Environmental Engineer, precursor pollutants contributing to
BILLING CODE 6560–50–P
Attainment Planning and Maintenance ozone formation. The submission also
Section, Air Programs Branch (AR–18J), notes that Minnesota sources are subject
ENVIRONMENTAL PROTECTION Environmental Protection Agency, to a Federal Implementation Plan (FIP)
AGENCY Region 5, 77 West Jackson Boulevard, for the Cross-State Air Pollution Rule
Chicago, Illinois 60604, (312) 353–4489, (CSAPR) at 40 CFR 52.1240, and are
40 CFR Part 52 svingen.eric@epa.gov. required to reduce annual emissions of
SUPPLEMENTARY INFORMATION: NOX in support of the 2006 NAAQS for
[EPA–R05–OAR–2016–0327; FRL–9971–61– fine particulate matter (PM2.5).
Region 5]
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA developed technical information
Air Plan Approval; Minnesota; 2008 EPA. This supplementary information and a related analysis to assist states
Ozone Transport section is arranged as follows: with meeting section 110(a)(2)(D)(i)(I)
I. Background
requirements for the 2008 ozone
AGENCY: Environmental Protection II. EPA’s Analysis of Minnesota’s Submittal NAAQS, and used this technical
Agency (EPA). III. What action is EPA taking? analysis to support the CSAPR Update
ACTION: Final rule. IV. Statutory and Executive Order Reviews for the 2008 Ozone NAAQS (‘‘CSAPR
Update’’).1 EPA’s analysis confirms the
SUMMARY: The Environmental Protection I. Background assertion in Minnesota’s submittal:
Agency (EPA) is approving a May 26, On March 12, 2008, EPA revised the Minnesota does not significantly
2016, State Implementation Plan (SIP) levels of the primary and secondary contribute to nonattainment or interfere
submission from Minnesota that is ozone standards from 0.08 parts per with maintenance of the 2008 ozone
sradovich on DSK3GMQ082PROD with RULES
intended to demonstrate that the million (ppm) to 0.075 ppm (73 FR standard in any other state.
Minnesota SIP meets certain interstate 16436). The CAA requires states to On July 17, 2017 (82 FR 32673), EPA
transport requirements of the Clean Air submit, within three years after published a rule proposing to approve
Act (CAA) for the 2008 ozone National promulgation of a new or revised Minnesota’s interstate transport SIP for
Ambient Air Quality Standards standard, SIPs meeting the applicable purposes of meeting the CAA section
(NAAQS). EPA is approving this SIP as ‘‘infrastructure’’ elements of sections
containing adequate provisions to 110(a)(1) and (2). One of these 1 81 FR 74504 (October 26, 2016).
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Document Created: 2017-12-09 01:49:59
Document Modified: 2017-12-09 01:49:59
| 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 published at 82 FR 47636, on October 13, 2017, is withdrawn effective December 11, 2017. | |
| Contact | Andres Febres, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Febres can be reached via telephone at (404) 562-8966 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 58115 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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