83 FR 13745 - Issuance of Guidance Memorandum, “Project Emissions Accounting Under the New Source Review Preconstruction Permitting Program”
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 62 (March 30, 2018)
Federal Register Volume 83, Issue 62 (March 30, 2018)
| Page Range | 13745-13746 | |
| FR Document | 2018-06430 |
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)] [Notices] [Pages 13745-13746] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06430] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9975-25-OAR] Issuance of Guidance Memorandum, ``Project Emissions Accounting Under the New Source Review Preconstruction Permitting Program'' AGENCY: Environmental Protection Agency (EPA). ACTION: Issuance of guidance memorandum. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is notifying the public that it has issued the guidance memorandum titled ``Project Emissions Accounting Under the New Source Review Preconstruction Permitting Program.'' ADDRESSES: You may view this guidance memorandum electronically at: https://www.epa.gov/nsr/project-emissions-accounting. FOR FURTHER INFORMATION CONTACT: Juan Santiago, Air Quality Policy Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number: (919) 541-1084; and email address: [email protected]. SUPPLEMENTARY INFORMATION: On March 13, 2018, the EPA issued a guidance memorandum that addresses the accounting of emissions changes resulting from a project under Step 1 of the New Source Review (NSR) applicability process in the EPA regulations. Step 1 of the NSR [[Page 13746]] applicability process requires a determination of whether a proposed project will, by itself, result in a significant emissions increase. As explained in the memorandum, it is the EPA's interpretation that its current NSR regulations provide that emissions decreases as well as increases are to be considered at Step 1 of the NSR applicability process. This interpretation is grounded in the principle that the plain language of the Clean Air Act indicates that Congress intended to apply NSR to changes that increase actual emissions and the language in the corresponding NSR regulations is consistent with that intent. Prior EPA guidance had indicated that the relevant provisions of the NSR regulations preclude the consideration of emissions decreases at Step 1. For the reasons discussed in the memorandum, the EPA has revised its interpretation of the regulatory language and will no longer apply any such interpretation reflected in prior statements on this issue. Dated: March 13, 2018. Panagiotis E. Tsirigotis, Director, Office of Air Quality Planning and Standards. [FR Doc. 2018-06430 Filed 3-29-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices 13745
FOR FURTHER INFORMATION CONTACT: allow electronic reporting under 40 CFR In the event a hearing is requested
Karen Seeh, U.S. Environmental parts 50–52, 60–65, 70, 122, 125, 141, and granted, EPA will provide notice of
Protection Agency, Office of 144, 146, 240–259, 260–270, 272–279, the hearing in the Federal Register not
Environmental Information, Mail Stop 280, 403–471, and 763 is being less than 15 days prior to the scheduled
2823T, 1200 Pennsylvania Avenue NW, published in the Federal Register: hearing date. Frivolous or insubstantial
Washington, DC 20460, (202) 566–1175, Part 52—Approval and Promulgation requests for hearing may be denied by
seeh.karen@epa.gov. of Implementation Plans; EPA. Following such a public hearing,
SUPPLEMENTARY INFORMATION: On
Part 62—Approval and Promulgation EPA will review the record of the
October 13, 2005, the final Cross-Media of State Plans for Designated Facilities hearing and issue an order either
Electronic Reporting Rule (CROMERR) and Pollutants; affirming today’s determination or
was published in the Federal Register Part 63—National Emission Standards rescinding such determination. If no
(70 FR 59848) and codified as part 3 of for Hazardous Air Pollutants for Source timely request for a hearing is received
title 40 of the CFR. CROMERR Categories; and granted, EPA’s approval of the State
Part 70—State Operating Permit of Missouri’s request to revise its part
establishes electronic reporting as an
Programs; 142—National Primary Drinking Water
acceptable regulatory alternative to
Part 123—EPA Administered Permit Regulations Implementation program to
paper reporting and establishes
Programs: The National Pollutant allow electronic reporting will become
requirements to assure that electronic
Discharge Elimination System; effective 30 days after today’s notice is
documents are as legally dependable as Part 142—National Primary Drinking
their paper counterparts. Subpart D of published, pursuant to CROMERR
Water Regulations Implementation; section 3.1000(f)(4).
CROMERR requires that state, tribal or Part 145—State Underground
local government agencies that receive, Injection Control Programs; Matthew Leopard,
or wish to begin receiving, electronic Part 239—Requirements for State Director, Office of Information Management.
reports under their EPA-authorized Permit Program Determination of [FR Doc. 2018–06429 Filed 3–29–18; 8:45 am]
programs must apply to EPA for a Adequacy; BILLING CODE 6560–50–P
revision or modification of those Part 271—Requirements for
programs and obtain EPA approval. Authorization of State Hazardous: Waste
Subpart D provides standards for such Program; ENVIRONMENTAL PROTECTION
approvals based on consideration of the Part 281—Technical Standards and AGENCY
electronic document receiving systems Corrective Action Requirements for
that the state, tribe, or local government [FRL–9975–25–OAR]
Owners and Operators of Underground
will use to implement the electronic Storage Tanks;
reporting. Additionally, § 3.1000(b) Issuance of Guidance Memorandum,
Part 403—General Pretreatment ‘‘Project Emissions Accounting Under
through (e) of 40 CFR part 3, subpart D Regulations for Existing and New
provides special procedures for program the New Source Review
Sources of Pollution; and Preconstruction Permitting Program’’
revisions and modifications to allow Part 763—Asbestos.
electronic reporting, to be used at the MoDNR was notified of EPA’s AGENCY: Environmental Protection
option of the state, tribe or local determination to approve its application Agency (EPA).
government in place of procedures with respect to the authorized programs ACTION: Issuance of guidance
available under existing program- listed above. memorandum.
specific authorization regulations. An Also, in today’s notice, EPA is
application submitted under the subpart informing interested persons that they SUMMARY: The Environmental Protection
D procedures must show that the state, may request a public hearing on EPA’s Agency (EPA) is notifying the public
tribe or local government has sufficient action to approve the State of Missouri’s that it has issued the guidance
legal authority to implement the request to revise its authorized public memorandum titled ‘‘Project Emissions
electronic reporting components of the water system program under 40 CFR Accounting Under the New Source
programs covered by the application part 142, in accordance with 40 CFR Review Preconstruction Permitting
and will use electronic document 3.1000(f). Requests for a hearing must be Program.’’
receiving systems that meet the submitted to EPA within 30 days of ADDRESSES: You may view this guidance
applicable subpart D requirements. publication of today’s Federal Register memorandum electronically at: https://
On February 14, 2018, the Missouri notice. Such requests should include www.epa.gov/nsr/project-emissions-
Department of Natural Resources the following information: (1) The accounting.
(MoDNR) submitted an application name, address and telephone number of
titled ‘‘Missouri Gateway to the individual, organization or other FOR FURTHER INFORMATION CONTACT: Juan
Environmental Management’’ for entity requesting a hearing; Santiago, Air Quality Policy Division,
revisions/modifications to its EPA- (2) A brief statement of the requesting Office of Air Quality Planning and
approved programs under title 40 CFR person’s interest in EPA’s Standards, U.S. Environmental
to allow new electronic reporting. EPA determination, a brief explanation as to Protection Agency, Research Triangle
reviewed MoDNR’s request to revise/ why EPA should hold a hearing, and Park, North Carolina 27711, telephone
modify its EPA-authorized programs any other information that the number: (919) 541–1084; and email
and, based on this review, EPA requesting person wants EPA to address: santiago.juan@epa.gov.
determined that the application met the consider when determining whether to SUPPLEMENTARY INFORMATION: On March
amozie on DSK30RV082PROD with NOTICES
standards for approval of authorized grant the request; 13, 2018, the EPA issued a guidance
program revisions/modifications set out (3) The signature of the individual memorandum that addresses the
in 40 CFR part 3, subpart D. In making the request, or, if the request is accounting of emissions changes
accordance with 40 CFR 3.1000(d), this made on behalf of an organization or resulting from a project under Step 1 of
notice of EPA’s decision to approve other entity, the signature of a the New Source Review (NSR)
Missouri’s request to revise/modify its responsible official of the organization applicability process in the EPA
following EPA-authorized programs to or other entity. regulations. Step 1 of the NSR
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![13746 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices
applicability process requires a Period Ends: 04/30/2018, Contact: displays a currently valid OMB control
determination of whether a proposed Karen Grimmer 831–647–4253 number.
project will, by itself, result in a EIS No. 20180050, Final, USFS, SD, DATES: Additional comments may be
significant emissions increase. As Black Hills Resilient Landscapes submitted on or before April 30, 2018.
explained in the memorandum, it is the Project, Review Period Ends: 04/30/ ADDRESSES: Submit your comments,
EPA’s interpretation that its current 2018, Contact: Anne Davy 406–273– referencing Docket ID Number EPA–
NSR regulations provide that emissions 1836 R10–OAR–2017–0516, to (1) EPA online
decreases as well as increases are to be EIS No. 20180051, Final, USFS, CA, using www.regulations.gov (our
considered at Step 1 of the NSR Highway 89 Safety Enhancement and preferred method), by email to R10-
applicability process. This Forest Ecosystem Restoration Project, Public_Comments@epa.gov, or by mail
interpretation is grounded in the Review Period Ends: 04/30/2018, to: EPA Docket Center, Environmental
principle that the plain language of the Contact: Ann Glubczynski 530–964– Protection Agency, Mail Code 28221T,
Clean Air Act indicates that Congress 3717 1200 Pennsylvania Ave. NW,
intended to apply NSR to changes that EIS No. 20180052, Draft, FERC, NY, Washington, DC 20460, and (2) OMB via
increase actual emissions and the Northeast Supply Enhancement email to oira_submission@omb.eop.gov.
language in the corresponding NSR Project, Comment Period Ends: 05/14/ Address comments to OMB Desk Officer
regulations is consistent with that 2018, Contact: Christine Allen 202– for EPA.
intent. 502–6847 EPA’s policy is that all comments
Prior EPA guidance had indicated that Dated: March 27, 2018. received will be included in the public
the relevant provisions of the NSR docket without change including any
Kelly Knight,
regulations preclude the consideration personal information provided, unless
Director, NEPA Compliance Division, Office
of emissions decreases at Step 1. For the the comment includes profanity, threats,
of Federal Activities.
reasons discussed in the memorandum, information claimed to be Confidential
[FR Doc. 2018–06419 Filed 3–29–18; 8:45 am]
the EPA has revised its interpretation of Business Information (CBI) or other
BILLING CODE 6560–50–P
the regulatory language and will no information whose disclosure is
longer apply any such interpretation restricted by statute.
reflected in prior statements on this FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
issue. Andra Bosneag, Office of Air and Waste,
AGENCY
Dated: March 13, 2018. Environmental Protection Agency
Panagiotis E. Tsirigotis, [EPA–R10–OAR–2017–0516; FRL–9976–07– Region 10, 1200 Sixth Ave. Seattle, WA
OEI] 98101; telephone number: (206) 553–
Director, Office of Air Quality Planning and
Standards. 1226; fax number: (206) 553–0110;
Information Collection Request
[FR Doc. 2018–06430 Filed 3–29–18; 8:45 am] email address: bosneag.andra@epa.gov.
Submitted to OMB for Review and
SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P Approval; Comment Request; Federal
Implementation Plans Under the Clean Supporting documents, which explain
Air Act for Indian Reservations in in detail the information that the EPA
ENVIRONMENTAL PROTECTION Idaho, Oregon and Washington will be collecting, are available in the
AGENCY (Renewal) public docket for this ICR. The docket
can be viewed online at
[ER–FRL–9038–4]
AGENCY: Environmental Protection www.regulations.gov or in person at the
Environmental Impact Statements; Agency (EPA). EPA Docket Center, WJC West, Room
Notice of Availability ACTION: Notice. 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number
Responsible Agency: Office of Federal SUMMARY: The Environmental Protection for the Docket Center is 202–566–1744.
Activities, General Information (202) Agency (EPA) has submitted an For additional information about EPA’s
564–7156 or https://www2.epa.gov/ information collection request (ICR), public docket, visit http://www.epa.gov/
nepa. ‘‘Federal Implementation Plans under dockets.
Weekly receipt of Environmental Impact the Clean Air Act for Indian Abstract: EPA promulgated Federal
Statements Reservations in Idaho, Oregon and Implementation Plans (FIPs) under the
Filed 03/19/2018 Through 03/23/2018 Washington (EPA ICR No. 2020.07, Clean Air Act for Indian reservations
Pursuant to 40 CFR 1506.9. OMB Control No. 2060–0558) to the located in Idaho, Oregon, and
Office of Management and Budget Washington in 40 CFR part 49 (70 FR
Notice
(OMB) for review and approval in 18074, April 8, 2005). The FIPs in the
Section 309(a) of the Clean Air Act accordance with the Paperwork final rule, also referred to as the Federal
requires that EPA make public its Reduction Act. This is a proposed Air Rules for Indian Reservations in
comments on EISs issued by other extension of the ICR, which is currently Idaho, Oregon, and Washington (FARR),
Federal agencies. EPA’s comment letters approved through March 31, 2018. include information collection
on EISs are available at: https:// Public comments were previously requirements associated with the partial
cdxnodengn.epa.gov/cdx-nepa-public/ requested via the Federal Register 82 FR delegation of administrative authority to
action/eis/search. 44177 on September 21, 2017 during a a Tribe in § 49.122; the rule for limiting
EIS No. 20180048, Draft, FHWA, TX, SH 60-day comment period. This notice visible emissions at § 49.124; fugitive
amozie on DSK30RV082PROD with NOTICES
68 from I–2/US 83 to I–69C/US 281, allows for an additional 30 days for particulate matter rule in § 49.126, the
Comment Period Ends: 05/14/2018, public comments. A fuller description wood waste burner rule in § 49.127; the
Contact: Margil Maldonado 956–702– of the ICR is given below, including its rule for limiting sulfur in fuels in
6134 estimated burden and cost to the public. § 49.130; the rule for open burning in
EIS No. 20180049, Final, NOAA, CA, An Agency may not conduct or sponsor § 49.131; the rules for general open
CALAM Monterey Peninsula Water and a person is not required to respond burning permits, agricultural burning
Supply Project FEIR/FEIS, Review to a collection of information unless it permits, and forestry and silvicultural
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Document Created: 2018-11-01 08:58:23
Document Modified: 2018-11-01 08:58:23
| 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 | Notices | |
| Action | Issuance of guidance memorandum. | |
| Contact | Juan Santiago, Air Quality Policy Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina | |
| FR Citation | 83 FR 13745 |
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