82 FR 9164 - Approval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements To Address Interstate Transport for the 2008 Ozone NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 22 (February 3, 2017)
Federal Register Volume 82, Issue 22 (February 3, 2017)
| Page Range | 9164-9166 | |
| FR Document | 2017-02191 |
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)] [Rules and Regulations] [Pages 9164-9166] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02191] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2014-0812; FRL-9958-82-Region 9] Approval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements To Address Interstate Transport for the 2008 Ozone NAAQS AGENCY: The Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the Nevada Division of Environmental Protection (NDEP) to address the interstate transport requirements of Clean Air Act (CAA) with respect to the 2008 ozone national ambient air quality standard (NAAQS). We are approving the portion of the Nevada SIP pertaining to requirements prohibiting significant contributions from Nevada to nonattainment or interference with maintenance in another state. DATES: This final rule is effective on March 6, 2017. ADDRESSES: EPA has established docket number EPA-R09-OAR-2014-0812 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105- 3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi- volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR- 2), EPA, Region IX, (415) 972-3856, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' refer to the EPA. Table of Contents I. Background II. Public Comments III. Final Action IV. Statutory and Executive Order Reviews I. Background Sections 110(a)(1) and (2) of the CAA require states to address basic SIP requirements to implement, maintain and enforce the NAAQS no later than three years after the promulgation of a new or revised standard. Section 110(a)(2) outlines the specific requirements that each state is required to address in this SIP submission that collectively constitute the ``infrastructure'' of a state's air quality management program. A SIP submittal that addresses these requirements is referred to as an ``infrastructure SIP'' (I-SIP). In particular, CAA section 110(a)(2)(D)(i)(I) requires that each SIP for a new or revised NAAQS contain adequate provisions to prohibit any source or other type of emissions activity within the state from emitting air pollutants that will ``contribute significantly to nonattainment'' (``prong 1'') or ``interfere with maintenance'' (``prong 2'') of the applicable NAAQS in any other state. This action addresses the section 110(a)(2)(D)(i) requirements of prong 1 and prong 2 with respect to Nevada's I-SIP submission. On March 27, 2008, the EPA issued a revised NAAQS for ozone.\1\ This action triggered a requirement for states to submit an I-SIP to address the applicable requirements of section 110(a)(2) within three years of issuance of the revised NAAQS. On April 10, 2013, NDEP submitted the ``Nevada State Implementation Plan for the 2008 8-Hour Ozone NAAQS: Demonstration of Adequacy'' (``2013 Submittal'') to address all of the CAA section 110(a)(2) requirements for the 2008 8- hour ozone NAAQS. On March 25, 2016, NDEP submitted, ``2016 Supplement to the Nevada State Implementation Plan for the 2008 8-Hour Primary Ozone NAAQS: Clean Air Act Section 110(a)(2)(D)(i)(I)'' (``2016 Supplement''). --------------------------------------------------------------------------- \1\ National Ambient Air Quality Standards for Ozone; Final Rule, 73 FR 16436 (March 27, 2008). --------------------------------------------------------------------------- On November 3, 2015, the EPA issued a partial approval and partial disapproval of Nevada's 2013 I-SIP submittal for the 2008 ozone, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS, including the following actions on infrastructure SIP requirements: Approval of SIP elements relating to CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II)-- visibility transport (``prong 4''), (E), (F), (G), (H), (I), (K), (L) and (M); partial approval, for Clark County, and partial disapproval, for Washoe County and the remainder of the state, of SIP elements relating to CAA sections 110(a)(2)(C), (D)(i)(II)--interference with Prevention of Significant Deterioration (``prong 3''), (D)(ii) (interstate pollution abatement and international air pollution) and (J); and, for NOX only, approval of SIP elements relating to prong 1 and prong 2 of CAA section 110(a)(2)(D)(i)(I).\2\ Our November 3, 2015, partial approval and partial disapproval took no action on the Nevada 2013 Submittal with regard to prong 1 and prong 2 of the interstate transport requirements for the 2008 ozone NAAQS, but the proposal did state our intention to take action in a subsequent rulemaking. The EPA must take final action by February 13, 2017, on the provisions of the Nevada 2013 Submittal and 2016 Supplement addressing the requirements of prong 1 and prong 2, pursuant to a judgment by the District of Nevada in Nevada v. McCarthy.\3\ --------------------------------------------------------------------------- \2\ Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Ozone, NO2 and SO2 , 80 FR 67652 (November 3, 2015). \3\ See Judgment, Nevada v. McCarthy, Case 3:15-cv-00396-HDM-WGC (D. Nev. June 22, 2016). --------------------------------------------------------------------------- On December 6, 2016, the EPA proposed to approve the 2013 SIP Submittal and the 2016 Supplement addressing the infrastructure requirements of CAA section 110(a)(2)(D)(i) for the 2008 ozone [[Page 9165]] NAAQS.\4\ The rationale supporting the EPA's actions is explained in our proposal notice and the associated Technical Support Document (TSD) and will not be restated here. The proposed rule and TSD are available online at http://www.regulations.gov, Docket ID number EPA-R09-OAR- 2014-0812. --------------------------------------------------------------------------- \4\ ``Air Quality State Implementation Plans; Approvals and Promulgations: Nevada; Infrastructure Requirements to Address Interstate Transport for the 2008 Ozone NAAQS,'' 81 FR 87857 (December 6, 2016). --------------------------------------------------------------------------- II. Public Comments The EPA received no comments on the proposed action during the public comment period. III. Final Action Under CAA section 110(k)(3), and based on the evaluation and rationale presented in the proposed rule, the related TSD, and this final rule, the EPA is approving Nevada's SIP as meeting the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) prong 1 and prong 2 for the 2008 ozone NAAQS. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 13132 (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 Clean Air Act; and does not provide the 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 the 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 4, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Air pollution control, Approval and promulgation of implementation plans, Environmental protection, Incorporation by reference, Oxides of nitrogen, Ozone, and Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: January 13, 2017. Deborah Jordan, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart DD--Nevada 0 2. In Sec. 52.1470, paragraph (e), the table is amended by adding, under the heading ``Air Quality Implementation Plan for the State of Nevada'' an entry after the entry ``Nevada's Clean Air Act Sec. 110(a)(1) and (2) State Implementation Plan for the 2008 ozone NAAQS, excluding appendices A-F for NDEP; excluding the cover letter to NDEP and attachments A and B for Clark County; and excluding the cover letter to NDEP and Attachments A and B for Washoe County'' to read as follows: Sec. 52.1470 Identification of plan. * * * * * (e) * * * [[Page 9166]] EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- Applicable geographic State Name of SIP provision or nonattainment area submittal date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA \1\ ---------------------------------------------------------------------------------------------------------------- * * * * * * * Supplement to the Nevada State-wide............ 3/25/2016 [Insert Federal Interstate Division of Environmental Register transport Protection Portion of the citation] 2/3/ supplement to the Nevada ``Infrastructure'' SIP 2017. ``Infrastructure' for the 2008 Ozone NAAQS: CAA ' SIP for NDEP, Sec. 110(a)(2)(D)(i)(I), Clark County and Interstate Transport; excluding Washoe County for the cover letter to EPA Region the 2008 8-hour 9 and attachments A and 2. ozone standard. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * * * \1\ The organization of this table generally follows from the organization of the State of Nevada's original 1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi- regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR 52.1470(c). 0 3. Section 52.1472 is amended by revising paragraph (h) to read as follows: Sec. 52.1472 Approval status. * * * * * (h) 2008 8-hour ozone NAAQS: The SIPs submitted on December 20, 2012 are partially disapproved for CAA elements 110(a)(2)(C), (D)(ii), and (J) for the NDEP and Washoe County portions of the Nevada SIP. * * * * * [FR Doc. 2017-02191 Filed 2-2-17; 8:45 am] BILLING CODE 6560-50-P
![9164 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
is determining that this rule is of ADDRESSES: EPA has established docket triggered a requirement for states to
nationwide scope or effect. number EPA–R09–OAR–2014–0812 for submit an I–SIP to address the
Under section 307(b)(1) of the CAA, this action. Generally, documents in the applicable requirements of section
petitions for judicial review of this docket for this action are available 110(a)(2) within three years of issuance
action must be filed in the United States electronically at http:// of the revised NAAQS. On April 10,
Court of Appeals for the District of www.regulations.gov or in hard copy at 2013, NDEP submitted the ‘‘Nevada
Columbia Circuit within 60 days from EPA Region IX, 75 Hawthorne Street, State Implementation Plan for the 2008
the date this final action is published in San Francisco, California 94105–3901. 8-Hour Ozone NAAQS: Demonstration
the Federal Register. Filing a petition While all documents in the docket are of Adequacy’’ (‘‘2013 Submittal’’) to
for review by the Administrator of this listed at http://www.regulations.gov, address all of the CAA section 110(a)(2)
final action does not affect the finality some information may be publicly requirements for the 2008 8-hour ozone
of the action for the purposes of judicial available only at the hard copy location NAAQS. On March 25, 2016, NDEP
review, nor does it extend the time (e.g., copyrighted material, large maps, submitted, ‘‘2016 Supplement to the
within which a petition for judicial multi-volume reports), and some may Nevada State Implementation Plan for
review must be filed, and shall not not be available in either location (e.g., the 2008 8-Hour Primary Ozone
postpone the effectiveness of such rule confidential business information NAAQS: Clean Air Act Section
or action. (CBI)). To inspect the hard copy 110(a)(2)(D)(i)(I)’’ (‘‘2016 Supplement’’).
materials, please schedule an
List of Subjects in 40 CFR Part 52 On November 3, 2015, the EPA issued
appointment during normal business
Environmental protection, Approval a partial approval and partial
hours with the contact listed in the FOR
and promulgation of implementation disapproval of Nevada’s 2013 I–SIP
FURTHER INFORMATION CONTACT section.
plans, Administrative practice and submittal for the 2008 ozone, 2010
FOR FURTHER INFORMATION CONTACT: Tom
procedures, Air pollution control, nitrogen dioxide, and 2010 sulfur
Kelly, Air Planning Office (AIR–2), EPA, dioxide NAAQS, including the
Incorporation by reference, Region IX, (415) 972–3856,
Intergovernmental relations, and following actions on infrastructure SIP
kelly.thomasp@epa.gov. requirements: Approval of SIP elements
Reporting and recordkeeping SUPPLEMENTARY INFORMATION:
requirements. relating to CAA sections 110(a)(2)(A),
Throughout this document, the terms (B), (C), (D)(i)(II)—visibility transport
Dated: January 13, 2017. ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. (‘‘prong 4’’), (E), (F), (G), (H), (I), (K), (L)
Gina McCarthy, and (M); partial approval, for Clark
Table of Contents
Administrator. County, and partial disapproval, for
I. Background
[FR Doc. 2017–02188 Filed 2–2–17; 8:45 am]
II. Public Comments Washoe County and the remainder of
BILLING CODE 6560–50–P III. Final Action the state, of SIP elements relating to
IV. Statutory and Executive Order Reviews CAA sections 110(a)(2)(C), (D)(i)(II)—
interference with Prevention of
ENVIRONMENTAL PROTECTION I. Background Significant Deterioration (‘‘prong 3’’),
AGENCY Sections 110(a)(1) and (2) of the CAA (D)(ii) (interstate pollution abatement
require states to address basic SIP and international air pollution) and (J);
40 CFR Part 52 requirements to implement, maintain and, for NOX only, approval of SIP
[EPA–R09–OAR–2014–0812; FRL–9958–82– and enforce the NAAQS no later than elements relating to prong 1 and prong
Region 9] three years after the promulgation of a 2 of CAA section 110(a)(2)(D)(i)(I).2 Our
new or revised standard. Section November 3, 2015, partial approval and
Approval of Air Quality State 110(a)(2) outlines the specific partial disapproval took no action on
Implementation Plans; Nevada; requirements that each state is required the Nevada 2013 Submittal with regard
Infrastructure Requirements To to address in this SIP submission that to prong 1 and prong 2 of the interstate
Address Interstate Transport for the collectively constitute the transport requirements for the 2008
2008 Ozone NAAQS ‘‘infrastructure’’ of a state’s air quality ozone NAAQS, but the proposal did
management program. A SIP submittal state our intention to take action in a
AGENCY: The Environmental Protection
that addresses these requirements is subsequent rulemaking. The EPA must
Agency (EPA).
referred to as an ‘‘infrastructure SIP’’ (I– take final action by February 13, 2017,
ACTION: Final rule. SIP). In particular, CAA section on the provisions of the Nevada 2013
110(a)(2)(D)(i)(I) requires that each SIP Submittal and 2016 Supplement
SUMMARY: The Environmental Protection
for a new or revised NAAQS contain addressing the requirements of prong 1
Agency (EPA) is approving State
adequate provisions to prohibit any and prong 2, pursuant to a judgment by
Implementation Plan (SIP) revisions
source or other type of emissions the District of Nevada in Nevada v.
submitted by the Nevada Division of
activity within the state from emitting McCarthy.3
Environmental Protection (NDEP) to
air pollutants that will ‘‘contribute
address the interstate transport On December 6, 2016, the EPA
significantly to nonattainment’’ (‘‘prong
requirements of Clean Air Act (CAA) proposed to approve the 2013 SIP
1’’) or ‘‘interfere with maintenance’’
with respect to the 2008 ozone national Submittal and the 2016 Supplement
(‘‘prong 2’’) of the applicable NAAQS in
ambient air quality standard (NAAQS). addressing the infrastructure
any other state. This action addresses
asabaliauskas on DSK3SPTVN1PROD with RULES
We are approving the portion of the requirements of CAA section
the section 110(a)(2)(D)(i) requirements
Nevada SIP pertaining to requirements 110(a)(2)(D)(i) for the 2008 ozone
of prong 1 and prong 2 with respect to
prohibiting significant contributions
Nevada’s I–SIP submission.
from Nevada to nonattainment or On March 27, 2008, the EPA issued a
2 Partial Approval and Partial Disapproval of Air
interference with maintenance in revised NAAQS for ozone.1 This action
Quality State Implementation Plans; Nevada;
another state. Infrastructure Requirements for Ozone, NO2 and
SO2, 80 FR 67652 (November 3, 2015).
DATES: This final rule is effective on 1 National Ambient Air Quality Standards for 3 See Judgment, Nevada v. McCarthy, Case 3:15–
March 6, 2017. Ozone; Final Rule, 73 FR 16436 (March 27, 2008). cv–00396–HDM–WGC (D. Nev. June 22, 2016).
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![9166 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable EPA
geographic or State submittal
Name of SIP provision approval Explanation
nonattainment date date
area
AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA 1
* * * * * * *
Supplement to the Nevada Division of En- State-wide ...... 3/25/2016 [Insert Federal Reg- Interstate transport supplement to the ‘‘In-
vironmental Protection Portion of the ister citation] 2/3/ frastructure’’ SIP for NDEP, Clark
Nevada ‘‘Infrastructure’’ SIP for the 2017. County and Washoe County for the
2008 Ozone NAAQS: CAA 2008 8-hour ozone standard.
§ 110(a)(2)(D)(i)(I), Interstate Transport;
excluding the cover letter to EPA Re-
gion 9 and attachments A and 2.
* * * * * * *
* * * * * * *
1 The
organization of this table generally follows from the organization of the State of Nevada’s original 1972 SIP, which was divided into 12
sections. Nonattainment and maintenance plans, among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small
Business Stationary Source Technical and Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or
quasi-regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR 52.1470(c).
■ 3. Section 52.1472 is amended by life in the state. Since that time, the state A. Statutory and Regulatory Background
revising paragraph (h) to read as adopted revised criteria for copper B. EPA’s Actions on Oregon’s Freshwater
follows: (which EPA is approving in parallel Copper and Cadmium Criteria
C. General Recommended Approach for
with this final rulemaking), but has not
§ 52.1472 Approval status. Deriving Aquatic Life Criteria
adopted a revised acute criterion for III. Freshwater Cadmium Aquatic Life
* * * * * cadmium and thus EPA is establishing Criteria
(h) 2008 8-hour ozone NAAQS: The a federal freshwater acute criterion for A. EPA’s National Recommended
SIPs submitted on December 20, 2012 cadmium that takes into account the Cadmium Criteria
are partially disapproved for CAA best available science, EPA policies, B. Final Acute Cadmium Criterion for
elements 110(a)(2)(C), (D)(ii), and (J) for guidance and legal requirements, to Oregon’s Freshwaters
the NDEP and Washoe County portions protect aquatic life uses in Oregon. C. Additional Considerations for
of the Nevada SIP. Calculation of Site-Dependent Cadmium
DATES: This final rule is effective on Criteria
* * * * * March 6, 2017. IV. Implementation of Final Cadmium
[FR Doc. 2017–02191 Filed 2–2–17; 8:45 am] ADDRESSES: EPA has established a Criterion in Oregon
BILLING CODE 6560–50–P docket for this action under Docket ID V. Critical Low-Flows and Mixing Zones
No. EPA–HQ–OW–2016–0012. All VI. Endangered Species Act
documents in the docket are listed on VII. Applicability of Criteria
ENVIRONMENTAL PROTECTION the http://www.regulations.gov Web VIII. Alternative Regulatory Approaches and
AGENCY Implementation Mechanisms
site. Although listed in the index, some A. Designating Uses
40 CFR Part 131 information is not publicly available, B. Site-Specific Criteria
e.g., CBI or other information whose C. Variances
[EPA–HQ–OW–2016–0012; FRL–9958–40– disclosure is restricted by statute. D. Compliance Schedules
OW] Certain other material, such as IX. Economic Analysis
copyrighted material, is not placed on A. Identifying Affected Entities
RIN 2040–AF60
the Internet and will be publicly B. Method for Estimating Costs
available only in hard copy form. C. Results
Aquatic Life Criteria for Cadmium in X. Statutory and Executive Order Reviews
Oregon Publicly available docket materials are A. Executive Order 12866 (Regulatory
available electronically through http:// Planning and Review) and Executive
AGENCY: Environmental Protection www.regulations.gov. Order 13563 (Improving Regulation and
Agency (EPA). Regulatory Review)
FOR FURTHER INFORMATION CONTACT:
ACTION: Final rule. B. Paperwork Reduction Act
Erica Fleisig, Office of Water, Standards
and Health Protection Division (4305T), C. Regulatory Flexibility Act
SUMMARY: The Environmental Protection D. Unfunded Mandates Reform Act
Agency (EPA) is establishing a federal Environmental Protection Agency, 1200 E. Executive Order 13132 (Federalism)
Clean Water Act (CWA) aquatic life Pennsylvania Avenue NW., Washington, F. Executive Order 13175 (Consultation
criterion for freshwaters under the state DC 20460; telephone number: (202) and Coordination With Indian Tribal
asabaliauskas on DSK3SPTVN1PROD with RULES
of Oregon’s jurisdiction, to protect 566–1057; email address: fleisig.erica@ Governments)
aquatic life from the effects of exposure epa.gov. G. Executive Order 13045 (Protection of
Children From Environmental Health
to harmful levels of cadmium. In 2013, SUPPLEMENTARY INFORMATION: This final
and Safety Risks)
EPA determined that the freshwater rule is organized as follows: H. Executive Order 13211 (Actions That
acute cadmium criterion and freshwater I. General Information Significantly Affect Energy Supply,
acute and chronic copper criteria that A. Does this action apply to me? Distribution, or Use)
Oregon adopted in 2004 did not meet B. How did EPA develop this final rule? I. National Technology Transfer and
CWA requirements to protect aquatic II. Background Advancement Act of 1995
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Document Created: 2018-02-01 14:34:34
Document Modified: 2018-02-01 14:34:34
| 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 | Final rule. | |
| Dates | This final rule is effective on March 6, 2017. | |
| Contact | Tom Kelly, Air Planning Office (AIR- 2), EPA, Region IX, (415) 972-3856, [email protected] | |
| FR Citation | 82 FR 9164 | |
| CFR Associated | Air Pollution Control; Approval and Promulgation of Implementation Plans; Environmental Protection; Incorporation by Reference; Oxides of Nitrogen; Ozone and Volatile Organic Compounds |
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