83 FR 24267 - Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; VOC Definition Update and Removal of Obsolete Gasoline Vapor Recovery Regulations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 102 (May 25, 2018)
Federal Register Volume 83, Issue 102 (May 25, 2018)
| Page Range | 24267-24269 | |
| FR Document | 2018-11313 |
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)] [Proposed Rules] [Pages 24267-24269] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11313] [[Page 24267]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2017-0279; FRL-9978-64--Region 5] Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; VOC Definition Update and Removal of Obsolete Gasoline Vapor Recovery Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: EPA is proposing to approve a request submitted by the Wisconsin Department of Natural Resources (WDNR) on May 16, 2017, to revise the Wisconsin State Implementation Plan (SIP). The submission includes amendments to the Wisconsin Administrative Code updating the definition of ``volatile organic compound (VOC)'' to add eight compounds to the list of exempted compounds. These revisions are based on EPA rulemakings in 2012, 2013, and 2014, which added these compounds to the list of chemical compounds that are excluded from the Federal definition of VOC because, in their intended used, they make negligible contributions to tropospheric ozone formation. In addition, WDNR is also requesting to withdraw several previously approved provisions of the Wisconsin Administrative Code from the SIP concerning the State's Stage II vapor recovery (Stage II) program that terminated in 2012. EPA approved the removal of the Stage II program as a component of the Wisconsin SIP in 2013, including the approval of a demonstration under section 110(l) of the Clean Air Act (CAA) that addressed emissions impacts associated with the removal of the program. DATES: Comments must be received on or before June 25, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2017-0279 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background for this action? A. When did the State submit the SIP revision to EPA? B. Did Wisconsin hold public hearings on this SIP revision? II. What is EPA proposing to approve? III. What is EPA's analysis of the SIP revision? IV. What action is EPA proposing to take? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. What is the background for this action? A. When did the State submit the SIP revision to EPA? WDNR submitted to EPA a revision to the Wisconsin SIP for approval on May 16, 2017. The SIP revision primarily updates the definition of VOC at Wisconsin Administrative Code Chapter NR 400.02(162) and removes obsolete State provisions concerning the State's Stage II program that terminated in 2012 in Southeast Wisconsin. B. Did Wisconsin hold public hearings on this SIP revision? WDNR conducted a public hearing in Madison, Wisconsin on November 5, 2015. II. What is EPA proposing to approve? EPA is proposing to approve a Wisconsin SIP revision that updates the definition of VOC at Wisconsin Administrative Code Chapter NR 400.02(162) to add Trans-1,3,3,3-tetrafluoropropene (HFO-1234ze), HCF2 OCF2 H (HFE-134), HCF2 OCF2 OCF2 H (HFE-236cal2), HCF2 OCF2 CF2 OCF2 H (HFE- 338pcc13), HCF2 OCF2 OCF2 CF2 OCF2 H (H-Galaden 1040X or H-Galden ZT 130 (or 150 or 180), Trans-1-chloro- 3,3,3-triflouroprop-1-ene (SolsticeTM 1233zd(E)), 2,3,3,3- tetraflouropropene (HFO-1234yf), and 2-amino-2-methyl-1-propanol (AMP; CAS number 124-68-5) to the list of excluded compounds at NR 400.02(162). Wisconsin took this action based on EPA's 2012, 2013, and 2014 rulemakings in which EPA determined that these compounds have a negligible contribution to tropospheric ozone formation and thus should be excluded from the definition of VOC codified at 40 CFR 51.100(s). See 77 FR 37610 (June 22, 2012); 78 FR 9823 (February 12, 2013); 78 FR 62451 (October 22, 2013); 78 FR 53029 (August 28, 2013); and 79 FR 18037 (March 27, 2014). This action also proposes to approve minor grammatical edits for clarity in NR 420.02(39), NR 420.03(4)(b)3, NR 420.04(1)(b)4, and NR 420.04(3)(c)1. EPA is also proposing to approve the withdrawal of several remaining provisions from the Wisconsin SIP that are related to the Stage II vapor recovery program that was terminated by Wisconsin in 2012. Wisconsin originally submitted a SIP revision to EPA on November 18, 1992, to satisfy the requirement of section 182(b)(3) of the CAA. The revision applied to the counties of Kenosha, Kewanee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha, and was incorporated into the WDNR's 1993-94 ozone 15% Control Plan. EPA fully approved Wisconsin's Stage II program on August 13, 1993 (53 FR 43080), including the program's legal authority and administrative requirements found in Section 285.31 of the Wisconsin Statutes and Chapter NR 420.045 of the Wisconsin Administrative Code. On November 12, 2012, WDNR submitted a SIP revision requesting the removal of Stage II requirements under NR 420.045 of the Wisconsin Administrative Code from the Wisconsin SIP. To support the removal of the Stage II requirements, the revision included a section 110(l) demonstration addressing the emissions impacts associated with the removal of the program. On November 4, 2013 (78 FR 65875), EPA approved the removal of the Stage II requirements under NR 420.045 of the Wisconsin Administrative Code from the Wisconsin SIP. In this action EPA proposes to approve the removal of the [[Page 24268]] residual Stage II provisions that remained in place after the program was decommissioned. These provisions are NR 420.02(8m), 420.02(26), 420.02(32), 420.02(38m), NR 425.035, NR 439.06(3)(i), NR 484.05(4), NR 484.05(5), and NR 494.04. III. What is EPA's analysis of the SIP revision? In 2005, EPA received a petition asking EPA to exempt HCF2 OCF2 H (HFE-134), HCF2 OCF2 OCF2 H (HFE-236cal2), HCF2 OCF2 CF2 OCF2 H (HFE- 338pcc13), and HCF2 OCF2 OCF2 CF2 OCF2 H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) from the definition of VOC. Based on the level of reactivity of these chemical compounds, EPA concluded that these compounds make negligible contributions to tropospheric ozone formation (78 FR 9823, February 12, 2013). Therefore, on February 12, 2013, EPA amended 40 CFR 51.100(s)(1) to exclude these compounds from the definition of VOC for purposes of preparing SIPs to attain the national ambient air quality standard for ozone under title I of the CAA (78 FR 9823). EPA's action became effective March 14, 2013. Wisconsin's SIP revision is consistent with EPA's action amending the definition of VOC at 40 CFR 51.100(s). In 2009, EPA received a petition asking EPA to exempt 2,3,3,3- tetrafluoropropene (HFO-1234yf) from the definition of VOC. Based on the level of reactivity of this chemical compound, EPA concluded that this compound makes a negligible contribution to tropospheric ozone formation (78 FR 62451, October 22, 2013). Therefore, on October 22, 2013, EPA amended 40 CFR 51.100(s)(1) to exclude this compound from the definition of VOC for purposes of preparing SIPs to attain the national ambient air quality standard for ozone under title I of the CAA (78 FR 62451). EPA's action became effective November 21, 2013. Wisconsin's SIP revision is consistent with EPA's action amending the definition of VOC at 40 CFR 51.100(s). In 2009, EPA received a petition asking EPA to exempt Trans- 1,3,3,3-tetrafluoropropene (HFO-1234ze) from the definition of VOC. Based on the level of reactivity of this chemical compound, EPA concluded that this compound makes a negligible contribution to tropospheric ozone formation (77 FR 37610, June 22, 2012). Therefore, on June 22, 2012, EPA amended 40 CFR 51.100(s)(1) to exclude this compound from the definition of VOC for purposes of preparing SIPs to attain the national ambient air quality standard for ozone under title I of the CAA (77 FR 37610). EPA's action became effective July 23, 2012. Wisconsin's SIP revision is consistent with EPA's action amending the definition of VOC at 40 CFR 51.100(s). In 2011, EPA received a petition asking EPA to exempt Trans 1- chloro-3,3,3-trifluoroprop-1-ene from the definition of VOC. Based on the level of reactivity of this chemical compound, EPA concluded that this compound makes a negligible contribution to tropospheric ozone formation (78 FR 53029, August 28, 2013). Therefore, on August 28, 2013, EPA amended 40 CFR 51.100(s)(1) to exclude this compound from the definition of VOC for purposes of preparing SIPs to attain the national ambient air quality standard for ozone under title I of the CAA (78 FR 53029). EPA's action became effective September 27, 2013. Wisconsin's SIP revision is consistent with EPA's action amending the definition of VOC at 40 CFR 51.100(s). In 2012, EPA received a petition asking EPA to exempt 2-amino-2- methyl-1-propanol (AMP; CAS number 124-68-5) from the definition of VOC. Based on the level of reactivity of this chemical compound, EPA concluded that this compound makes a negligible contribution to tropospheric ozone formation (79 FR 18037, March 27, 2014). Therefore, on March 27, 2014, EPA amended 40 CFR 51.100(s)(1) to exclude this compound from the definition of VOC for purposes of preparing SIPs to attain the national ambient air quality standard for ozone under title I of the CAA (79 FR 17037). EPA's action became effective June 25, 2014. Wisconsin's SIP revision is consistent with EPA's action amending the definition of VOC at 40 CFR 51.100(s). As stated above, EPA has determined that the compounds outlined in Wisconsin's SIP revision all qualify as negligibly reactive with respect to their contribution to tropospheric ozone formation. Although states are not obligated to exclude from control as VOCs those compounds that the EPA has found to be negligibly reactive, states may not take credit for controlling these compounds in their ozone control strategies. In addition, the proposed approval of changes in NR 420.02(39), NR 420.03(4)(b)3, NR 420.04(1)(b)4, and NR 420.04(3)(c)1 are administrative in nature only, and do not have any negative impact on air quality. As discussed previously in this action, WDNR submitted a SIP revision on November 12, 2012, requesting the removal of Stage II requirements under NR 420.045 of the Wisconsin Administrative Code from the Wisconsin SIP. To support the removal of the Stage II requirements, the revision included a section 110(l) demonstration addressing the emissions impacts associated with the removal of the program. On November 4, 2013 (78 FR 65875) EPA approved the removal of the Stage II requirements from the Wisconsin SIP. In this action EPA is proposing to approve the removal of residual Stage II provisions NR 420.02(8m), 420.02(26), 420.02(32), 420.02(38m), NR 425.035, NR 439.06(3)(i), NR 484.05(4), NR 484.05(5), and NR 494.04, which remained in place after the program was decommissioned at the state level. The removal of these provisions from the SIP does not have any negative impact on air quality in Southeast Wisconsin, since the state addressed the overall emissions impact resulting from the 2012 termination of the Stage II program. See 78 FR 65875. IV. What action is EPA proposing to take? EPA is proposing to approve the revision to the Wisconsin SIP submitted by WDNR on May 16, 2017, because the revision is consistent with EPA's prior actions revising the definition of VOC. In addition, the removal of remaining Stage II program provisions from the SIP meets all applicable requirements, and it will not interfere with reasonable further progress or attainment of any of the national ambient air quality standards. V. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference revisions to Wisconsin Administrative Code provisions NR 400.02(162), NR 420.02(39), NR 420.0 3(4)(b)3, NR 420.04(1)(b)4, and NR 420.04(3)(c)1, published in the Wisconsin Register #727 on July 25, 2016 and became effective August 1, 2016. EPA has made, and will continue to make, these documents generally available through www.regulations.gov and at the EPA Region 5 Office (please contact the person identified in the For FURTHER INFORMATION CONTACT section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission [[Page 24269]] that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. 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 CAA; and Does not provide 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 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Volatile organic compounds. Dated: May 16, 2018. Cathy Stepp, Regional Administrator, Region 5. [FR Doc. 2018-11313 Filed 5-24-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Proposed Rules 24267
ENVIRONMENTAL PROTECTION submissions (audio, video, etc.) must be 400.02(162) to add Trans-1,3,3,3-
AGENCY accompanied by a written comment. tetrafluoropropene (HFO-1234ze),
The written comment is considered the HCF2OCF2H (HFE-134),
40 CFR Part 52 official comment and should include HCF2OCF2OCF2H (HFE-236cal2),
[EPA–R05–OAR–2017–0279; FRL–9978– discussion of all points you wish to HCF2OCF2CF2OCF2H (HFE-338pcc13),
64—Region 5] make. EPA will generally not consider HCF2OCF2OCF2CF2OCF2H (H-Galaden
comments or comment contents located 1040X or H-Galden ZT 130 (or 150 or
Approval and Promulgation of Air outside of the primary submission (i.e., 180), Trans-1-chloro-3,3,3-triflouroprop-
Quality Implementation Plans; on the web, cloud, or other file sharing 1-ene (SolsticeTM 1233zd(E)), 2,3,3,3-
Wisconsin; VOC Definition Update and system). For additional submission tetraflouropropene (HFO-1234yf), and 2-
Removal of Obsolete Gasoline Vapor methods, please contact the person amino-2-methyl-1-propanol (AMP; CAS
Recovery Regulations identified in the FOR FURTHER number 124–68–5) to the list of
INFORMATION CONTACT section. For the excluded compounds at NR 400.02(162).
AGENCY: Environmental Protection Wisconsin took this action based on
Agency (EPA). full EPA public comment policy,
information about CBI or multimedia EPA’s 2012, 2013, and 2014
ACTION: Proposed rule. rulemakings in which EPA determined
submissions, and general guidance on
SUMMARY: EPA is proposing to approve making effective comments, please visit that these compounds have a negligible
a request submitted by the Wisconsin http://www2.epa.gov/dockets/ contribution to tropospheric ozone
Department of Natural Resources commenting-epa-dockets. formation and thus should be excluded
(WDNR) on May 16, 2017, to revise the FOR FURTHER INFORMATION CONTACT: from the definition of VOC codified at
Wisconsin State Implementation Plan Francisco J. Acevedo, Mobile Source 40 CFR 51.100(s). See 77 FR 37610 (June
(SIP). The submission includes Program Manager, Control Strategies 22, 2012); 78 FR 9823 (February 12,
amendments to the Wisconsin Section, Air Programs Branch (AR–18J), 2013); 78 FR 62451 (October 22, 2013);
Administrative Code updating the Environmental Protection Agency, 78 FR 53029 (August 28, 2013); and 79
definition of ‘‘volatile organic Region 5, 77 West Jackson Boulevard, FR 18037 (March 27, 2014). This action
compound (VOC)’’ to add eight Chicago, Illinois 60604, (312) 886–6061, also proposes to approve minor
compounds to the list of exempted acevedo.francisco@epa.gov. grammatical edits for clarity in NR
compounds. These revisions are based 420.02(39), NR 420.03(4)(b)3, NR
SUPPLEMENTARY INFORMATION:
on EPA rulemakings in 2012, 2013, and 420.04(1)(b)4, and NR 420.04(3)(c)1.
Throughout this document whenever EPA is also proposing to approve the
2014, which added these compounds to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the list of chemical compounds that are withdrawal of several remaining
EPA. This supplementary information provisions from the Wisconsin SIP that
excluded from the Federal definition of section is arranged as follows:
VOC because, in their intended used, are related to the Stage II vapor recovery
I. What is the background for this action? program that was terminated by
they make negligible contributions to A. When did the State submit the SIP
tropospheric ozone formation. In Wisconsin in 2012. Wisconsin originally
revision to EPA? submitted a SIP revision to EPA on
addition, WDNR is also requesting to B. Did Wisconsin hold public hearings on
withdraw several previously approved November 18, 1992, to satisfy the
this SIP revision?
provisions of the Wisconsin II. What is EPA proposing to approve? requirement of section 182(b)(3) of the
Administrative Code from the SIP III. What is EPA’s analysis of the SIP CAA. The revision applied to the
concerning the State’s Stage II vapor revision? counties of Kenosha, Kewanee,
recovery (Stage II) program that IV. What action is EPA proposing to take? Manitowoc, Milwaukee, Ozaukee,
V. Incorporation by Reference Racine, Sheboygan, Washington and
terminated in 2012. EPA approved the VI. Statutory and Executive Order Reviews
removal of the Stage II program as a Waukesha, and was incorporated into
I. What is the background for this the WDNR’s 1993–94 ozone 15%
component of the Wisconsin SIP in
action? Control Plan. EPA fully approved
2013, including the approval of a
Wisconsin’s Stage II program on August
demonstration under section 110(l) of A. When did the State submit the SIP 13, 1993 (53 FR 43080), including the
the Clean Air Act (CAA) that addressed revision to EPA? program’s legal authority and
emissions impacts associated with the
WDNR submitted to EPA a revision to administrative requirements found in
removal of the program.
the Wisconsin SIP for approval on May Section 285.31 of the Wisconsin
DATES: Comments must be received on Statutes and Chapter NR 420.045 of the
16, 2017. The SIP revision primarily
or before June 25, 2018. Wisconsin Administrative Code.
updates the definition of VOC at
ADDRESSES: Submit your comments, On November 12, 2012, WDNR
Wisconsin Administrative Code Chapter
identified by Docket ID No. EPA–R05– NR 400.02(162) and removes obsolete submitted a SIP revision requesting the
OAR–2017–0279 at http:// State provisions concerning the State’s removal of Stage II requirements under
www.regulations.gov, or via email to Stage II program that terminated in 2012 NR 420.045 of the Wisconsin
blakley.pamela@epa.gov. For comments in Southeast Wisconsin. Administrative Code from the
submitted at Regulations.gov, follow the Wisconsin SIP. To support the removal
online instructions for submitting B. Did Wisconsin hold public hearings of the Stage II requirements, the revision
comments. Once submitted, comments on this SIP revision? included a section 110(l) demonstration
cannot be edited or removed from WDNR conducted a public hearing in addressing the emissions impacts
amozie on DSK3GDR082PROD with PROPOSALS1
Regulations.gov. For either manner of Madison, Wisconsin on November 5, associated with the removal of the
submission, EPA may publish any 2015. program. On November 4, 2013 (78 FR
comment received to its public docket. 65875), EPA approved the removal of
Do not submit electronically any II. What is EPA proposing to approve? the Stage II requirements under NR
information you consider to be EPA is proposing to approve a 420.045 of the Wisconsin
Confidential Business Information (CBI) Wisconsin SIP revision that updates the Administrative Code from the
or other information whose disclosure is definition of VOC at Wisconsin Wisconsin SIP. In this action EPA
restricted by statute. Multimedia Administrative Code Chapter NR proposes to approve the removal of the
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![Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Proposed Rules 24269
that complies with the provisions of the List of Subjects in 40 CFR Part 52 complete the required fields, and enter
CAA and applicable Federal regulations. Environmental protection, Air or attach your comments.
42 U.S.C. 7410(k); 40 CFR 52.02(a). pollution control, Incorporation by • Mail: Submit written comments to
Thus, in reviewing SIP submissions, reference, Intergovernmental relations, Barry A. Thom, Regional Administrator,
EPA’s role is to approve state choices, Nitrogen oxides, Ozone, Volatile organic West Coast Region, NMFS, 501 W Ocean
provided that they meet the criteria of compounds. Blvd., Ste. 4200, Long Beach, CA
the CAA. Accordingly, this action 90802–4250; Attn: Joshua Lindsay.
merely approves State law as meeting Dated: May 16, 2018. • Instructions: Comments sent by any
Federal requirements and does not Cathy Stepp, other method, to any other address or
impose additional requirements beyond Regional Administrator, Region 5. individual, or received after the end of
those imposed by State law. For that [FR Doc. 2018–11313 Filed 5–24–18; 8:45 am] the comment period, may not be
reason, this action: BILLING CODE 6560–50–P considered by NMFS. All comments
• Is not a ‘‘significant regulatory received are a part of the public record
action’’ subject to review by the Office and will generally be posted for public
of Management and Budget under DEPARTMENT OF COMMERCE viewing on www.regulations.gov
Executive Orders 12866 (58 FR 51735, without change. All personal identifying
October 4, 1993) and 13563 (76 FR 3821, National Oceanic and Atmospheric information (e.g., name, address, etc.),
January 21, 2011); Administration confidential business information, or
• Does not impose an information otherwise sensitive information
collection burden under the provisions 50 CFR Part 660 submitted voluntarily by the sender will
of the Paperwork Reduction Act (44 be publicly accessible. NMFS will
[Docket No. 180320301–8301–01]
U.S.C. 3501 et seq.); accept anonymous comments (enter
RIN 0648–XG121 ‘‘N/A’’ in the required fields if you wish
• Is certified as not having a
to remain anonymous).
significant economic impact on a Fisheries Off West Coast States; Copies of the report ‘‘Assessment of
substantial number of small entities Coastal Pelagic Species Fisheries; Pacific Sardine Resource in 2018 for
under the Regulatory Flexibility Act (5 Annual Specifications U.S.A. Management in 2017–2018’’ are
U.S.C. 601 et seq.); available http://www.pcouncil.org/wp-
• Does not contain any unfunded AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and content/uploads/2017/03/G5a_Stock_
mandate or significantly or uniquely Assessment_Rpt_Full_ElectricOnly_
affect small governments, as described Atmospheric Administration (NOAA),
Commerce. Apr2017BB.pdf, and may be obtained
in the Unfunded Mandates Reform Act from the West Coast Region (see
of 1995 (Pub. L. 104–4); ACTION: Proposed rule.
ADDRESSES).
• Does not have Federalism SUMMARY: NMFS proposes to implement FOR FURTHER INFORMATION CONTACT:
implications as specified in Executive annual management measures and catch Joshua Lindsay, West Coast Region,
Order 13132 (64 FR 43255, August 10, limits for the northern subpopulation of NMFS, (562) 980–4034, joshua.lindsay@
1999); Pacific sardine (hereafter, Pacific noaa.gov.
• Is not an economically significant sardine), for the fishing year from July SUPPLEMENTARY INFORMATION: NMFS
regulatory action based on health or 1, 2018, through June 30, 2019. The manages the Pacific sardine fishery in
safety risks subject to Executive Order proposed action would prohibit directed the U.S. exclusive economic zone (EEZ)
13045 (62 FR 19885, April 23, 1997); commercial fishing for Pacific sardine off the Pacific coast (California, Oregon,
• Is not a significant regulatory action off the coasts of Washington, Oregon, and Washington) in accordance with the
subject to Executive Order 13211 (66 FR and California, except in the live bait, Coastal Pelagic Species (CPS) Fishery
28355, May 22, 2001); tribal, or minor directed fisheries, or as Management Plan (FMP). The FMP and
• Is not subject to requirements of incidental catch in other fisheries. The its implementing regulations require
Section 12(d) of the National incidental harvest of Pacific sardine NMFS to set annual catch levels for the
Technology Transfer and Advancement would initially be limited to 40-percent Pacific sardine fishery based on the
Act of 1995 (15 U.S.C. 272 note) because by weight of all fish per trip when annual specification framework and
application of those requirements would caught with other CPS or up to 2 metric control rules in the FMP. These control
be inconsistent with the CAA; and tons (mt) when caught with non-CPS. rules include the harvest guideline (HG)
• Does not provide EPA with the The proposed annual catch limit (ACL) control rule, which, in conjunction with
discretionary authority to address, as for the 2018–2019 Pacific sardine the overfishing limit (OFL) and
appropriate, disproportionate human fishing year is 7,000 mt. This proposed acceptable biological catch (ABC) rules
health or environmental effects, using rule is intended to conserve and manage in the FMP, are used to manage harvest
practicable and legally permissible the Pacific sardine stock off the U.S. levels for Pacific sardine, in accordance
methods, under Executive Order 12898 West Coast. with the Magnuson-Stevens Fishery
(59 FR 7629, February 16, 1994). DATES: Comments must be received by Conservation and Management Act
In addition, the SIP is not approved June 11, 2018. (Magnuson-Stevens Act), 16 U.S.C. 1801
to apply on any Indian reservation land ADDRESSES: You may submit comments et seq.
or in any other area where EPA or an on this document, identified by NOAA– During public meetings each year, the
amozie on DSK3GDR082PROD with PROPOSALS1
Indian tribe has demonstrated that a NMFS–2018–0044, by any of the Southwest Fishery Science Center
tribe has jurisdiction. In those areas of following methods: (SWFSC) presents the estimated
Indian country, the rule does not have • Electronic Submissions: Submit all biomass for Pacific sardine to the Pacific
tribal implications and will not impose electronic public comments via the Fishery Management Council’s
substantial direct costs on tribal Federal e-Rulemaking Portal. Go to (Council) CPS Management Team
governments or preempt tribal law as www.regulations.gov/ (Team), the Council’s CPS Advisory
specified by Executive Order 13175 (65 #!docketDetail;D=NOAA-NMFS-2018- Subpanel (Subpanel) and the Council’s
FR 67249, November 9, 2000). 0044, click the ‘‘Comment Now!’’ icon, Scientific and Statistical Committee
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Document Created: 2018-05-25 02:12:41
Document Modified: 2018-05-25 02:12:41
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before June 25, 2018. | |
| Contact | Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061, [email protected] | |
| FR Citation | 83 FR 24267 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Ozone and Volatile Organic Compounds |
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