82 FR 58341 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Clean Air Interstate Rule Trading Programs Replaced by Cross-State Air Pollution Rule Trading Programs; Withdrawal of Direct Final Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 237 (December 12, 2017)
Federal Register Volume 82, Issue 237 (December 12, 2017)
| Page Range | 58341-58342 | |
| FR Document | 2017-26408 |
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)] [Rules and Regulations] [Pages 58341-58342] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26408] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0574; FRL-9971-56-Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Clean Air Interstate Rule Trading Programs Replaced by Cross-State Air Pollution Rule Trading Programs; Withdrawal of Direct Final Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. ----------------------------------------------------------------------- SUMMARY: Due to receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the September 25, 2017 direct final rule that approved two state implementation plan (SIP) revisions submitted by the State of West Virginia removing the Clean Air Interstate Rule (CAIR) annual nitrogen oxide (NOX ) and annual sulfur dioxide (SO2 ) trading programs from the West Virginia SIP. DATES: The direct final rule published at 82 FR 44525 on September 25, 2017 is withdrawn as of December 12, 2017. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On July 13, 2016, the State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), submitted three SIP revisions requesting that EPA remove from its SIP three regulations that implemented the CAIR (70 FR 25162, May 12, 2005) trading programs: Regulation 45CSR39--Control of Annual Nitrogen Oxides Emissions, Regulation 45CSR40--Control of Ozone Season Nitrogen Oxides Emissions, and Regulation 45CSR41--Control of Annual Sulfur Dioxide Emissions. The September 25, 2017 action pertained to the two submittals that requested removal of 45CSR39 and 45CSR41, the CAIR annual NOX and annual SO2 trading programs, respectively, from the West Virginia SIP. The submittal pertaining to removal of the CAIR ozone season NOX trading program was not a part of that action and is being addressed in a separate action. In the direct final rule published on September 25, 2017 (82 FR 44525), EPA stated that if EPA received adverse comments by October 25, 2017, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment from an anonymous commenter. [[Page 58342]] Because an adverse comment was received, EPA is withdrawing the direct final rule approving the revisions to the West Virginia SIP that remove the CAIR annual trading programs for NOX and SO2 . EPA will address the comment received in a subsequent final action based upon the proposed rulemaking action also published on September 25, 2017 (82 FR 44544), for the two July 13, 2016 SIP submissions. EPA will not institute a second comment period on this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: November 22, 2017. Cosmo Servidio, Regional Administrator, Region III. 0 Accordingly, the amendments to Sec. 52.2520(c) published on September 25, 2017 (82 FR 44525), which were to become effective December 26, 2017, are withdrawn as of December 12, 2017. [FR Doc. 2017-26408 Filed 12-11-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations 58341
fixed income, PHAs using streamlined (i) Social Security, Supplemental ENVIRONMENTAL PROTECTION
income determinations must apply a Security Income, Supplemental AGENCY
COLA or COLAs to the family’s sources Disability Insurance.
of fixed income, provided that the (ii) Federal, state, local, or private 40 CFR Part 52
family certifies both that 90 percent or pension plans. [EPA–R03–OAR–2016–0574; FRL–9971–56–
more of their unadjusted income is fixed (iii) Annuities or other retirement Region 3]
income and that their sources of fixed benefit programs, insurance policies,
income have not changed from the disability or death benefits, or other Approval and Promulgation of Air
previous year. For non-fixed income, similar types of periodic receipts. Quality Implementation Plans; West
the PHA may choose, but is not (iv) Any other source of income Virginia; Removal of Clean Air
required, to make appropriate subject to adjustment by a verifiable Interstate Rule Trading Programs
adjustments pursuant to paragraph (a) of COLA or current rate of interest. Replaced by Cross-State Air Pollution
this section. (3) Method of streamlined income Rule Trading Programs; Withdrawal of
(ii) When less than 90 percent of a determination. A PHA using the Direct Final Rule
family’s unadjusted income consists of streamlined income determination must
AGENCY: Environmental Protection
fixed income, PHAs using streamlined adjust a family’s income according to
Agency (EPA).
income determinations must apply a the percentage of a family’s unadjusted
COLA to each of the family’s sources of income that is from fixed income. ACTION: Withdrawal of direct final rule.
fixed income individually. The PHA (i) When 90 percent or more of a SUMMARY: Due to receipt of an adverse
must determine all other income family’s unadjusted income consists of comment, the Environmental Protection
pursuant to paragraph (a) of this section. fixed income, PHAs using streamlined Agency (EPA) is withdrawing the
(4) COLA rate applied by PHAs. PHAs income determinations must apply a September 25, 2017 direct final rule that
using streamlined income COLA or COLAs to the family’s fixed- approved two state implementation plan
determinations must adjust a family’s income sources, provided that the (SIP) revisions submitted by the State of
fixed income using a COLA or current family certifies both that 90 percent or West Virginia removing the Clean Air
interest rate that applies to each specific more of their unadjusted income is fixed Interstate Rule (CAIR) annual nitrogen
source of fixed income and is available income and that their sources of fixed oxide (NOX) and annual sulfur dioxide
from a public source or through tenant- income have not changed from the (SO2) trading programs from the West
provided, third-party-generated previous year. For non-fixed income, Virginia SIP.
documentation. If no public verification the PHA may choose, but is not
DATES: The direct final rule published at
or tenant-provided documentation is required, to make appropriate
adjustments pursuant to paragraph (a) of 82 FR 44525 on September 25, 2017 is
available, then the owner must obtain
this section withdrawn as of December 12, 2017.
third-party verification of the income
amounts in order to calculate the change (ii) When less than 90 percent of a FOR FURTHER INFORMATION CONTACT:
in income for the source. family’s unadjusted income consists of Marilyn Powers, (215) 814–2308, or by
fixed income, PHAs using streamlined email at powers.marilyn@epa.gov.
(5) Triennial verification. For any
income determined pursuant to a income determinations must apply a SUPPLEMENTARY INFORMATION: On July
streamlined income determination, a COLA to each of the family’s sources of 13, 2016, the State of West Virginia,
PHA must obtain third-party fixed income individually. The PHA through the West Virginia Department
verification of all income amounts every must determine all other income of Environmental Protection (WVDEP),
3 years. pursuant to paragraph (a) of this section. submitted three SIP revisions requesting
(4) COLA rate applied by PHAs. PHAs that EPA remove from its SIP three
* * * * *
using streamlined income regulations that implemented the CAIR
PART 982—SECTION 8 TENANT- determinations must adjust a family’s (70 FR 25162, May 12, 2005) trading
BASED ASSISTANCE: HOUSING fixed income using a COLA or current programs: Regulation 45CSR39—Control
CHOICE VOUCHER PROGRAM interest rate that applies to each specific of Annual Nitrogen Oxides Emissions,
source of fixed income and is available Regulation 45CSR40—Control of Ozone
■ 9. The authority citation for part 982 from a public source or through tenant- Season Nitrogen Oxides Emissions, and
continues to read as follows: provided, third-party-generated Regulation 45CSR41—Control of
documentation. If no public verification Annual Sulfur Dioxide Emissions. The
Authority: 42 U.S.C. 1437f and 3535(d).
or tenant-provided documentation is September 25, 2017 action pertained to
■ 10. In § 982.516, revise paragraph (b) available, then the owner must obtain the two submittals that requested
to read as follows: third-party verification of the income removal of 45CSR39 and 45CSR41, the
amounts in order to calculate the change CAIR annual NOX and annual SO2
§ 982.516 Family income and composition:
in income for the source. trading programs, respectively, from the
Annual and interim reexaminations.
(5) Triennial verification. For any West Virginia SIP. The submittal
* * * * * income determined pursuant to a pertaining to removal of the CAIR ozone
(b) Streamlined income streamlined income determination, a season NOX trading program was not a
determination—(1) General. A PHA may PHA must obtain third-party part of that action and is being
elect to apply a streamlined income verification of all income amounts every addressed in a separate action. In the
determination to families receiving 3 years. direct final rule published on September
fixed income as described in paragraph
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* * * * * 25, 2017 (82 FR 44525), EPA stated that
(b)(3) of this section. if EPA received adverse comments by
(2) Definition of ‘‘fixed income’’. For Dated: November 8, 2017. October 25, 2017, the rule would be
purposes of this section, ‘‘fixed income’’ Pamela H. Patenaude, withdrawn and not take effect. EPA
means periodic payments at reasonably Deputy Secretary. subsequently received an adverse
predictable levels from one or more of [FR Doc. 2017–26697 Filed 12–11–17; 8:45 am] comment from an anonymous
the following sources: BILLING CODE 4210–67–P; 5743–04–P commenter.
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![58342 Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
Because an adverse comment was York’s state-wide non-attainment new 8-hour ozone National Ambient Air
received, EPA is withdrawing the direct source review certification as sufficient Quality Standard (NAAQS or standard).
final rule approving the revisions to the for purposes of satisfying the 2008 The EPA proposed to approve New
West Virginia SIP that remove the CAIR 8-hour ozone NAAQS. The EPA is York’s Ozone Transport Region RACT
annual trading programs for NOX and approving New York’s certification that SIP as it applies to non-control
SO2. EPA will address the comment there are no sources within the State for technique guideline major sources of
received in a subsequent final action the following CTGs: Manufacture of VOCs and major sources of oxides of
based upon the proposed rulemaking Vegetable Oils and Application of nitrogen. The EPA also proposed to
action also published on September 25, Agricultural Pesticides. This action is approve the State of New York’s state-
2017 (82 FR 44544), for the two July 13, being taken in accordance with the wide non-attainment new source review
2016 SIP submissions. EPA will not requirements of the Clean Air Act. certification as sufficient for purposes of
institute a second comment period on DATES: This final rule is effective on satisfying the 2008 8-hour ozone
this action. January 11, 2018. NAAQS.3 In addition, the EPA proposed
ADDRESSES: The EPA has established a to approve New York’s certification that
List of Subjects in 40 CFR Part 52 there are no sources within the State for
docket for this action under Docket ID
Environmental protection, Air Number EPA–R02–OAR–2017–0459. All the following CTGs: (a) Manufacture of
pollution control, Incorporation by documents in the docket are listed on Vegetable Oils and (b) Application of
reference, Nitrogen oxides, Ozone, the http://www.regulations.gov website. Agricultural Pesticides.
Particulate matter, Reporting and Although listed in the index, some The proposed approval was
recordkeeping requirements, Sulfur information is not publicly available, conditioned on New York finalizing
oxides. e.g., Confidential Business Information revisions to RACT requirements related
(CBI) or other information whose sources subject to the industrial
Dated: November 22, 2017.
disclosure is restricted by statute. cleaning solvents control techniques
Cosmo Servidio,
Certain other material, such as guidelines (CTG). As the SIP submittal
Regional Administrator, Region III. indicates, the RACT requirements for
copyrighted material, is not placed on
■ Accordingly, the amendments to the internet and will be publicly the 2008 ozone NAAQS have been
§ 52.2520(c) published on September 25, available only in hard copy form. fulfilled with the exception of sources
2017 (82 FR 44525), which were to Publicly available docket materials are subject to the industrial cleaning
become effective December 26, 2017, are available electronically through http:// solvents CTG. In the SIP submittal, New
withdrawn as of December 12, 2017. www.regulations.gov. York committed to address sources
[FR Doc. 2017–26408 Filed 12–11–17; 8:45 am] subject to this CTG through a timely
FOR FURTHER INFORMATION CONTACT: revision to Title 6 of the New York
BILLING CODE 6560–50–P
Anthony (Ted) Gardella, Environmental Codes, Rules and Regulations Part 226
Protection Agency, 290 Broadway, New entitled, ‘‘Solvent Metal Cleaning
York, New York 10007–1866, at (212) Processes’’ (6 NYCRR Part 226).
ENVIRONMENTAL PROTECTION
637–3892, or by email at Therefore, consistent with section
AGENCY
Gardella.Anthony@epa.gov. 110(k)(4) of the Clean Air Act (CAA),
40 CFR Part 52 SUPPLEMENTARY INFORMATION: The the EPA’s September 14, 2017
SUPPLEMENTARY INFORMATION section is rulemaking, signed September 6, 2017
[EPA–R02–OAR–2017–0459; FRL–9971–83–
arranged as follows: and published September 14, 2017,
Region 2]
Table of Contents proposed to conditionally approve New
Approval and Promulgation of York’s December 2014 SIP submittal. On
I. What is the background for this action? September 6, 2017, New York
Implementation Plans; New York;
II. What comments were received in response
Reasonably Available Control supplemented its SIP submittal with a
to the EPA’s proposed action?
Technology for the 2008 8-Hour Ozone III. What action is the EPA taking? letter to the EPA committing to fulfill
National Ambient Air Quality IV. What are the consequences if a condition the requirements of the industrial
Standards is not met? cleaning solvents CTG by finalizing
A. What are the Act’s provisions for revisions to Part 226 by November 30,
AGENCY: Environmental Protection sanctions? 2018. Therefore, based on the State’s
Agency. B. What Federal implementation plan September 6, 2017 commitment letter,
ACTION: Final rule. provisions apply if a state fails to submit the EPA is conditionally approving New
an approvable plan?
V. Statutory and Executive Order Reviews York’s December 2014 SIP submittal, as
SUMMARY: The Environmental Protection it applies to CTG requirements for VOC
Agency (EPA) is conditionally I. What is the background for this major sources, for purposes of
approving a State Implementation Plan action? implementing RACT statewide for the
(SIP) submitted by the State of New 2008 8-hour ozone NAAQS.
York for purposes of implementing On September 14, 2017 (82 FR 43209),
the EPA published a Notice of Proposed The specific details of New York’s
Reasonably Available Control December 2014 SIP submittal and the
Technology (RACT) for the 2008 8-hour Rulemaking that proposed to
conditionally approve the State of New rationale for the EPA’s approval action
ozone National Ambient Air Quality are explained in the EPA’s proposed
Standard (NAAQS) related to control of York’s December 22, 2014 State
Implementation Plan (SIP) submittal,1 rulemaking and are not restated in this
volatile organic compounds (VOCs)
from industrial cleaning solvents. The for purposes of implementing
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Reasonably Available Control capable of meeting by the application of control
EPA is approving New York’s Ozone technology that is reasonably available considering
Transport Region RACT SIP as it applies Technology (RACT) 2 for the 2008 technological and economic feasibility (44 FR
to non-control technique guideline 53762, September 17, 1979).
1 New York supplemented its SIP submittal by 3 New York’s nonattainment new source review
major sources of VOCs and major letter dated September 6, 2017. certification addresses both the New York-Northern
sources of oxides of nitrogen. The EPA 2 The EPA has defined RACT as the lowest New Jersey-Long Island, NY-NJ-CT and the
is also approving the State of New emission limitation that a particular source is Jamestown nonattainment areas.
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Document Created: 2018-10-25 10:47:47
Document Modified: 2018-10-25 10:47:47
| 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 44525 on September 25, 2017 is withdrawn as of December 12, 2017. | |
| Contact | Marilyn Powers, (215) 814-2308, or by email at [email protected] | |
| FR Citation | 82 FR 58341 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Oxides; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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