83 FR 1194 - Air Plan Approval; NC; Open Burning and Miscellaneous Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 7 (January 10, 2018)
Federal Register Volume 83, Issue 7 (January 10, 2018)
| Page Range | 1194-1195 | |
| FR Document | 2018-00028 |
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)] [Rules and Regulations] [Pages 1194-1195] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00028] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2007-0085; FRL-9972-85-Region 4] Air Plan Approval; NC; Open Burning and Miscellaneous Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Due to adverse comments received, the Environmental Protection Agency (EPA) is amending the North Carolina State Implementation Plan (SIP) to remove some provisions made effective through the direct final rule that was published on July 18, 2017. EPA stated that if adverse comments were received by the close of the comment period, the rule would be withdrawn and not take effect, or if adverse comments were received on an amendment, paragraph, or section of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. EPA received adverse comments on two specific SIP revisions. Therefore, EPA is removing only the portions of the SIP related to those two revisions. DATES: This rule is effective January 10, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2007-0085. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the 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. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, 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. Ms. Ward can be reached via telephone at (404) 562-9140, or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: On July 18, 2017, EPA published a direct final rule (82 FR 32767) approving several revisions to the North Carolina SIP. The revisions consisted of changes to or the addition of the following regulations: 15A NCAC Subchapter 2D--Air Pollution Control Requirements, Section .0101, Definitions; Section .0103, Copies of Referenced Federal Regulations; Section .1901 Purpose, Scope, and Impermissible Open Burning Section; .1902, Definitions; Section .1903, Permissible Open Burning Without An Air Quality Permit; Section .2001, Purpose, Scope, and Applicability; and 15A NCAC Subchapter 2Q--Air Quality Permits, Section .0103, Definitions; Section .0105, Copies of Referenced Documents; Section .0304, Applications; Section .0305, Application Submittal Content; Section .0806, Cotton Gins; Section .0808, Peak Shaving Generators; and Section .0810, Air Curtain Burners. On the same day, EPA published proposed rule (82 FR 32782), proposing approval of those same revisions to the North Carolina SIP and providing a 30-day comment period for both the direct final rule and the proposed rule.\1\ The direct final rule explained that if EPA received adverse comments, the Agency would withdraw the relevant portion(s) of the direct final action. EPA received adverse comments on the portions of the rulemaking related to the North Carolina regulations 15A NCAC Subchapter 2Q--Air Quality Permits, Section .0808, Peak Shaving Generators, and Section .0810, Air Curtain Burners, only. However, EPA was not able to withdraw these portions of the direct final action before the action became effective. Therefore, EPA is amending Sec. 52.1770 by removing the portions of the SIP related to these two North Carolina regulations. EPA is not [[Page 1195]] opening an additional comment period. At a later date, the Agency may finalize action on these two regulations based on the July 18, 2017 propose rule and respond to the comments in the final action. All other North Carolina regulations that were the subject of the July 18, 2017 direct final rule are not affected by this removal and were incorporated by reference into the SIP as of September 18, 2017, the effective date of the direct final rule (82 FR 32767). --------------------------------------------------------------------------- \1\ On September 6, 2017 (82 FR 42055), EPA reopened the comment period for the proposed rule, with comments due on or before September 21, 2017. --------------------------------------------------------------------------- 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: December 22, 2017. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. 40 CFR part 52 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 II--North Carolina 0 2. In section 52.1770(c), Table 1, under the heading ``Subchapter 2Q-- Air Quality Permits,'' under the heading ``Section .0800 Exclusionary Rules,'' is amended by: 0 a. Revising the entry for ``Sect. .0808''; and 0 b. Removing the entry for ``Sect. .0810'' The revision reads as follows: Sec. 52.1770 Identification of plan. * * * * * (c) * * * Table 1--EPA-Approved North Carolina Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subchapter 2Q--Air Quality Permits ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Section .0800 Exclusionary Rules ---------------------------------------------------------------------------------------------------------------- * * * * * * * Sect. .0808...................... Peak Shaving 7/1/1999 10/22/2002, 67 FR Generators. 64989. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-00028 Filed 1-9-18; 8:45 am] BILLING CODE 6560-50-P
![1194 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations
TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
Statutory civil pen- Statutory civil pen- Statutory civil pen-
alties for violations alties for violations alties for violations
that occurred after that occurred after that occurred after
November 2, 2015, November 2, 2015,
Statutory civil pen- November 2, 2015,
U.S. Code citation Environmental statute where penalties are where penalties are
alties, as enacted where penalties are
assessed on or assessed on or assessed on or
after August 1, after January 15, after January 15,
2016 but before 2017 but before 2018
January 15, 2017 January 15, 2018
42 U.S.C. 9609(b) ................... CERCLA ...................................................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722
42 U.S.C. 9609(c) ................... CERCLA ...................................................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722
42 U.S.C. 11045(a) ................. EMERGENCY PLANNING AND COMMU- 25,000 53,907 54,789 55,907
NITY RIGHT-TO-KNOW ACT (EPCRA).
42 U.S.C. 11045(b)(1)(A) ........ EPCRA ........................................................ 25,000 53,907 54,789 55,907
42 U.S.C. 11045(b)(2) ............. EPCRA ........................................................ 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722
42 U.S.C. 11045(b)(3) ............. EPCRA ........................................................ 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722
42 U.S.C. 11045(c)(1) ............. EPCRA ........................................................ 25,000 53,907 54,789 55,907
42 U.S.C. 11045(c)(2) ............. EPCRA ........................................................ 10,000 21,563 21,916 22,363
42 U.S.C. 11045(d)(1) ............. EPCRA ........................................................ 25,000 53,907 54,789 55,907
42 U.S.C. 14304(a)(1) ............. MERCURY-CONTAINING AND RE- 10,000 15,025 15,271 15,583
CHARGEABLE BATTERY MANAGE-
MENT ACT (BATTERY ACT).
42 U.S.C. 14304(g) ................. BATTERY ACT ........................................... 10,000 15,025 15,271 15,583
1 Note that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500 statutory maximum
civil penalty amount were originally enacted in 1978 (Pub. L. 95–396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92–516).
[FR Doc. 2018–00287 Filed 1–9–18; 8:45 am] website. Although listed in the index, Pollution Control Requirements, Section
BILLING CODE 6560–50–P some information may not be publicly .0101, Definitions; Section .0103, Copies
available, i.e., Confidential Business of Referenced Federal Regulations;
Information or other information whose Section .1901 Purpose, Scope, and
ENVIRONMENTAL PROTECTION disclosure is restricted by statute. Impermissible Open Burning Section;
AGENCY Certain other material, such as .1902, Definitions; Section .1903,
copyrighted material, is not placed on Permissible Open Burning Without An
40 CFR Part 52 the internet and will be publicly Air Quality Permit; Section .2001,
[EPA–R04–OAR–2007–0085; FRL–9972–85– available only in hard copy form. Purpose, Scope, and Applicability; and
Region 4] Publicly available docket materials are 15A NCAC Subchapter 2Q—Air Quality
available either electronically through Permits, Section .0103, Definitions;
Air Plan Approval; NC; Open Burning www.regulations.gov or in hard copy at Section .0105, Copies of Referenced
and Miscellaneous Revisions the Air Regulatory Management Section, Documents; Section .0304,
AGENCY: Environmental Protection Air Planning and Implementation Applications; Section .0305,
Agency (EPA). Branch, Air, Pesticides and Toxics Application Submittal Content; Section
Management Division, U.S. .0806, Cotton Gins; Section .0808, Peak
ACTION: Final rule.
Environmental Protection Agency, Shaving Generators; and Section .0810,
SUMMARY: Due to adverse comments Region 4, 61 Forsyth Street SW, Atlanta, Air Curtain Burners. On the same day,
received, the Environmental Protection Georgia 30303–8960. EPA requests that EPA published proposed rule (82 FR
Agency (EPA) is amending the North if at all possible, you contact the person 32782), proposing approval of those
Carolina State Implementation Plan listed in the FOR FURTHER INFORMATION same revisions to the North Carolina SIP
(SIP) to remove some provisions made CONTACT section to schedule your and providing a 30-day comment period
effective through the direct final rule inspection. The Regional Office’s for both the direct final rule and the
that was published on July 18, 2017. official hours of business are Monday proposed rule.1 The direct final rule
EPA stated that if adverse comments through Friday 8:30 a.m. to 4:30 p.m., explained that if EPA received adverse
were received by the close of the excluding Federal holidays. comments, the Agency would withdraw
comment period, the rule would be FOR FURTHER INFORMATION CONTACT: the relevant portion(s) of the direct final
withdrawn and not take effect, or if Nacosta C. Ward, Air Regulatory action. EPA received adverse comments
adverse comments were received on an Management Section, Air Planning and on the portions of the rulemaking
amendment, paragraph, or section of the Implementation Branch, Air, Pesticides related to the North Carolina regulations
rule, EPA may adopt as final those and Toxics Management Division, U.S. 15A NCAC Subchapter 2Q—Air Quality
provisions of the rule that are not the Environmental Protection Agency, Permits, Section .0808, Peak Shaving
subject of an adverse comment. EPA Region 4, 61 Forsyth Street SW, Atlanta, Generators, and Section .0810, Air
received adverse comments on two Georgia 30303–8960. Ms. Ward can be Curtain Burners, only. However, EPA
specific SIP revisions. Therefore, EPA is reached via telephone at (404) 562– was not able to withdraw these portions
removing only the portions of the SIP 9140, or via electronic mail at of the direct final action before the
related to those two revisions. ward.nacosta@epa.gov. action became effective. Therefore, EPA
jstallworth on DSKBBY8HB2PROD with RULES
DATES: This rule is effective January 10, SUPPLEMENTARY INFORMATION: On July is amending § 52.1770 by removing the
2018. 18, 2017, EPA published a direct final portions of the SIP related to these two
ADDRESSES: EPA has established a rule (82 FR 32767) approving several North Carolina regulations. EPA is not
docket for this action under Docket revisions to the North Carolina SIP. The 1 On September 6, 2017 (82 FR 42055), EPA
Identification No. EPA–R04–OAR– revisions consisted of changes to or the reopened the comment period for the proposed
2007–0085. All documents in the docket addition of the following regulations: rule, with comments due on or before September
are listed on the www.regulations.gov 15A NCAC Subchapter 2D—Air 21, 2017.
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![Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 1195
opening an additional comment period. Intergovernmental relations, Lead, Authority: 42 U.S.C. 7401 et seq.
At a later date, the Agency may finalize Nitrogen dioxide, Ozone, Particulate
action on these two regulations based on matter, Reporting and recordkeeping Subpart II—North Carolina
the July 18, 2017 propose rule and requirements, Sulfur oxides, Volatile
■ 2. In section 52.1770(c), Table 1,
respond to the comments in the final organic compounds.
under the heading ‘‘Subchapter 2Q—Air
action. All other North Carolina Dated: December 22, 2017. Quality Permits,’’ under the heading
regulations that were the subject of the
Onis ‘‘Trey’’ Glenn, III, ‘‘Section .0800 Exclusionary Rules,’’ is
July 18, 2017 direct final rule are not
Regional Administrator, Region 4. amended by:
affected by this removal and were
■ a. Revising the entry for ‘‘Sect. .0808’’;
incorporated by reference into the SIP as 40 CFR part 52 is amended as follows: and
of September 18, 2017, the effective date
■ b. Removing the entry for ‘‘Sect.
of the direct final rule (82 FR 32767). PART 52—APPROVAL AND .0810’’
List of Subjects in 40 CFR Part 52 PROMULGATION OF The revision reads as follows:
IMPLEMENTATION PLANS
Environmental protection, Air § 52.1770 Identification of plan.
pollution control, Carbon monoxide, ■ 1. The authority citation for part 52 * * * * *
Incorporation by reference, continues to read as follows: (c) * * *
TABLE 1—EPA-APPROVED NORTH CAROLINA REGULATIONS
State
State citation Title/subject effective EPA approval date Explanation
date
* * * * * * *
Subchapter 2Q—Air Quality Permits
* * * * * * *
Section .0800 Exclusionary Rules
* * * * * * *
Sect. .0808 ............................. Peak Shaving Generators ...... 7/1/1999 10/22/2002, 67 FR 64989.
* * * * * * *
[FR Doc. 2018–00028 Filed 1–9–18; 8:45 am] published in the Federal Register, EPA ADDRESSES: Submit comments,
BILLING CODE 6560–50–P is making an interim final determination identified by Docket ID No. EPA–R09–
that the State of Arizona (State) has OAR–2017–0255, at https://
satisfied the requirements of part D of www.regulations.gov, or via email to
ENVIRONMENTAL PROTECTION the CAA permitting program for areas R9airpermits@epa.gov. For comments
AGENCY under the jurisdiction of the Arizona submitted at Regulations.gov, follow the
Department of Environmental Quality online instructions for submitting
40 CFR Part 52 (ADEQ) with respect to fine particular comments. Once submitted, comments
[EPA–R09–OAR–2017–0255; FRL–9972–78– matter (PM2.5) precursors. The effect of cannot be removed or edited from
Region 9] this interim final determination that the Regulations.gov. For either manner of
State has corrected the deficiency in the submission, the EPA may publish any
Determination To Defer Sanctions; permitting program is that the comment received to its public docket.
Arizona Department of Environmental imposition of sanctions that were Do not submit electronically any
Quality; PM2.5 triggered by a previous limited information you consider to be
AGENCY: Environmental Protection disapproval action by EPA in 2016 is Confidential Business Information (CBI)
Agency (EPA). now deferred. If the State meets its or other information whose disclosure is
commitment that is the basis for the restricted by statute. Multimedia
ACTION: Interim final determination.
conditional approval, relief from these submissions (audio, video, etc.) must be
SUMMARY: The Environmental Protection sanctions will become permanent upon accompanied by a written comment.
Agency (EPA) is making an interim final the EPA’s full approval of the State The written comment is considered the
determination that the State of Arizona submission. If the EPA determines that official comment and should include
has corrected a deficiency in its Clean the State has not met its commitment discussion of all points you wish to
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Air Act (CAA or Act) state and the conditional approval is make. The EPA will generally not
implementation plan (SIP) provisions converted to a disapproval, these consider comments or comment
concerning air permitting. Specifically, sanctions will no longer be deferred. contents located outside of the primary
based on a proposed conditional DATES: This interim final determination submission (i.e. on the web, cloud, or
approval published elsewhere in this is effective on January 10, 2018. other file sharing system). For
Federal Register, and based on a prior However, comments will be accepted additional submission methods, please
proposed approval, previously until February 9, 2018. contact the person identified in the FOR
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Document Created: 2018-10-26 09:33:00
Document Modified: 2018-10-26 09:33:00
| 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 rule is effective January 10, 2018. | |
| Contact | Nacosta C. Ward, 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. Ms. Ward can be reached via telephone at (404) 562-9140, or via electronic mail at [email protected] | |
| FR Citation | 83 FR 1194 | |
| 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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