83 FR 26682 - Response to Clean Air Act Section 126(b) Petitions From Delaware and Maryland

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 111 (June 8, 2018)

Page Range		26682-26683
FR Document		2018-12453

The Environmental Protection Agency (EPA) is announcing that a public hearing will be held on the EPA's proposed response to petitions from Delaware and Maryland pursuant to section 126 of the Clean Air Act (CAA or Act). The EPA is proposing to deny four CAA section 126(b) petitions submitted by the state of Delaware and one CAA section 126(b) petition submitted by the state of Maryland between July and November 2016. The hearing will be held on June 22, 2018, in Washington, DC.

Federal Register, Volume 83 Issue 111 (Friday, June 8, 2018)

[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26682-26683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12453]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2018-0295; FRL-9979-19-OAR]
RIN 2060-AT40, 2060-AT39, 2060-AT38, 2060-AT37, 2060-AT36


Response to Clean Air Act Section 126(b) Petitions From Delaware 
and Maryland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public hearing.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is announcing that a 
public hearing will be held on the EPA's proposed response to petitions 
from Delaware and Maryland pursuant to section 126 of the Clean Air Act 
(CAA or Act). The EPA is proposing to deny four CAA section 126(b) 
petitions submitted by the state of Delaware and one CAA section 126(b) 
petition submitted by the state of Maryland between July and November 
2016. The hearing will be held on June 22, 2018, in Washington, DC.

DATES: The public hearing will be held on June 22, 2018, in Washington, 
DC. Please refer to SUPPLEMENTARY INFORMATION for additional 
information on the public hearing.

ADDRESSES: 
    Public Hearing. The June 22, 2018, public hearing will be held at 
the EPA, William Jefferson Clinton East Building, Room 1153, 1201 
Constitution Avenue NW, Washington, DC 20004. Identification is 
required. If your driver's license is issued by America Samoa, you must 
present an additional form of identification to enter (see 
SUPPLEMENTARY INFORMATION for additional information on this location).
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at EPA Docket Center Reading Room, 
William Jefferson Clinton West Building, 1301 Constitution Avenue NW, 
Washington, DC 20004. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The phone

[[Page 26683]]

number for the Public Reading Room is (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: If you would like to speak at the 
public hearing, please contact Ms. Pamela Long, U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards 
(OAQPS), Air Quality Planning Division (C504-01), Research Triangle 
Park, NC 27711, telephone (919) 541-0641, fax number (919) 541-5509, 
email address long.pam@epa.gov, no later than June 20, 2018. If you 
have any questions relating to the public hearing, please contact Ms. 
Long.
    If you have questions concerning the petitions from Maryland and 
Delaware, please contact Mr. Lev Gabrilovich, U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards 
(OAQPS), Air Quality Planning Division, (C539-01), Research Triangle 
Park, NC 27711, telephone (919) 541-1496, email address 
gabrilovich.lev@epa.gov.

SUPPLEMENTARY INFORMATION: The public hearing will provide interested 
parties the opportunity to present data, views, or arguments concerning 
the EPA's proposed response to the petitions from Maryland and 
Delaware. The EPA may ask clarifying questions during the oral 
presentations, but will not respond to the presentations at that time. 
Written statements and supporting information that are submitted during 
the comment period will be considered with the same weight as any oral 
comments and supporting information presented at the public hearing. 
Written comments must be postmarked by the last day of the comment 
period.
    The public hearing will convene at 9:00 a.m. and end at 6:00 p.m. 
Eastern Time (ET) or at least two hours after the last registered 
speaker has spoken. The EPA will make every effort to accommodate all 
individuals interested in providing oral testimony. A lunch break is 
scheduled from 12:00 p.m. until 1:00 p.m. Please note that this hearing 
will be held at a U.S. government facility. Individuals planning to 
attend the hearing should be prepared to show valid picture 
identification to the security staff in order to gain access to the 
meeting room. The REAL ID Act, passed by Congress in 2005, established 
new requirements for entering federal facilities. These requirements 
took effect on July 21, 2014. If your driver's license is issued by 
American Samoa, you must present an additional form of identification 
to enter the federal building where the public hearing will be held. 
Acceptable alternative forms of identification include: Federal 
employee badges, passports, enhanced driver's licenses and military 
identification cards. For additional information for the status of your 
state regarding REAL ID, go to http://www.dhs.gov/real-id-enforcement-brief.
    If you would like to present oral testimony at the hearing, please 
notify Ms. Pamela Long, U.S. Environmental Protection Agency, Office of 
Air Quality Planning and Standards (OAQPS), Air Quality Planning 
Division (C504-01), Research Triangle Park, NC 27711, telephone (919) 
541-0641, fax number (919) 541-5509, email address long.pam@epa.gov, no 
later than 4:00 p.m. ET on June 20, 2018. Ms. Long will arrange a 
general time slot for you to speak. The EPA will make every effort to 
follow the schedule as closely as possible on the day of the hearing.
    Oral testimony will be limited to 5 minutes for each commenter. The 
EPA encourages commenters to provide the EPA with a copy of their oral 
testimony electronically (via email) or in hard copy form. Commenters 
should notify Ms. Long if they need specific translation services for 
non-English speaking commenters.
    The hearing schedule, including the list of speakers, will be 
posted on the EPA's website at https://www.epa.gov/ozone-pollution/ozone-national-ambient-air-quality-standards-naaqs-section-126-petitions prior to the hearing. Verbatim transcripts of the hearing and 
written statements will be included in the docket for the action.

How can I get copies of this document and other related information?

    The EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2018-0295 (available at http://www.regulations.gov). The 
EPA has made available information related to the proposed action on 
the following website: https://www.epa.gov/ozone-pollution/ozone-national-ambient-air-quality-standards-naaqs-section-126-petitions.

    Dated: June 5, 2018.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2018-12453 Filed 6-7-18; 8:45 am]
BILLING CODE 6560-50-P

26682 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices

Delaware’s petitions). Second, the EPA apply to all states and territories in the ENVIRONMENTAL PROTECTION
proposes to determine, based on its own United States. In addition, the proposed AGENCY
analysis, that all of the petitions fail at action addresses emissions impacts and
one or more steps of the four-step sources located in seven States, which [EPA–HQ–OAR–2018–0295; FRL–9979–19–
framework. For Delaware under step are located in multiple EPA Regions and OAR]
one, the EPA has determined there are federal circuits. The proposed action is
no air quality problems in Delaware in RIN 2060–AT40, 2060–AT39, 2060–AT38,
also based on a common core of factual 2060–AT37, 2060–AT36
the relevant years for both the 2008 and findings and analyses concerning the
2015 ozone NAAQS. The EPA has transport of pollutants between the Response to Clean Air Act Section
further evaluated the named sources 126(b) Petitions From Delaware and
different states. Furthermore, the EPA
under step three, finding: (1) That the Maryland
intends this interpretation and approach
EPA has already implemented the
control strategy identified in the to be consistently implemented AGENCY: Environmental Protection
petitions as cost-effective for three nationwide with respect to section Agency (EPA).
facilities (Conemaugh, Harrison, and 126(b) petitions for the 2008 and 2015
ACTION: Notice of public hearing.
Homer City) in the CSAPR Update, and ozone NAAQS. Courts have found
(2) that Brunner Island is already similar actions to be nationally SUMMARY: The Environmental Protection
operating and is expected to continue applicable.62 Additionally, in the report Agency (EPA) is announcing that a
operating with natural gas such that the on the 1977 Amendments that revised public hearing will be held on the EPA’s
facility has no additional cost-effective section 307(b)(1) of the CAA, Congress proposed response to petitions from
and feasible controls available. The EPA noted that the Administrator’s Delaware and Maryland pursuant to
is also proposing to deny the Maryland determination that an action is of section 126 of the Clean Air Act (CAA
petition because: (1) For those facilities ‘‘nationwide scope or effect’’ would be or Act). The EPA is proposing to deny
with SCR, the EPA has already appropriate for any action that has a four CAA section 126(b) petitions
implemented the control strategy scope or effect beyond a single judicial submitted by the state of Delaware and
identified in the petitions as cost- circuit. H.R. Rep. No. 95–294 at 323, one CAA section 126(b) petition
effective, and (2) for the facilities with 324, reprinted in 1977 U.S.C.C.A.N. submitted by the state of Maryland
SNCR, the EPA has already determined 1402–03. For these reasons, the between July and November 2016. The
that operation of SNCR is not cost- Administrator proposes to determine hearing will be held on June 22, 2018,
effective with respect to addressing that any final action related to this in Washington, DC.
transport obligations for the 2008 ozone DATES: The public hearing will be held
proposal is nationally applicable or, in
NAAQS and therefore is not required by on June 22, 2018, in Washington, DC.
the alternative, is based on a
the good neighbor provision with Please refer to SUPPLEMENTARY
respect to this NAAQS. The EPA determination of nationwide scope and
effect for purposes of section 307(b)(1). INFORMATION for additional information
requests comment on its proposed on the public hearing.
denial of Maryland’s and Delaware’s Thus, the EPA proposes that pursuant
ADDRESSES:
CAA section 126(b) petitions, including to section 307(b)(1) any petitions for
the bases for the decision described Public Hearing. The June 22, 2018,
review of any final actions regarding the
herein. public hearing will be held at the EPA,
rulemaking would be filed in the Court
William Jefferson Clinton East Building,
VI. Determinations Under Section of Appeals for the District of Columbia Room 1153, 1201 Constitution Avenue
307(b)(1) Circuit within 60 days from the date any NW, Washington, DC 20004.
final action is published in the Federal Identification is required. If your
Section 307(b)(1) of the CAA indicates
Register. driver’s license is issued by America
which Federal Courts of Appeal have
venue for petitions of review of final VII. Statutory Authority Samoa, you must present an additional
actions by EPA. This section provides, form of identification to enter (see
in part, that petitions for review must be 42 U.S.C. 7410, 7426, 7601. SUPPLEMENTARY INFORMATION for
filed in the Court of Appeals for the Dated: May 31, 2018. additional information on this location).
District of Columbia Circuit if (i) the Docket: All documents in the docket
E. Scott Pruitt,
agency action consists of ‘‘nationally are listed in the http://
Administrator. www.regulations.gov index. Although
applicable regulations promulgated, or
final action taken, by the [FR Doc. 2018–12374 Filed 6–7–18; 8:45 am] listed in the index, some information is
Administrator,’’ or (ii) such action is BILLING CODE 6560–50–P not publicly available, e.g., Confidential
locally or regionally applicable, if ‘‘such Business Information or other
action is based on a determination of information whose disclosure is
nationwide scope or effect and if in restricted by statute. Certain other
taking such action the Administrator material, such as copyrighted material,
finds and publishes that such action is will be publicly available only in hard
based on such a determination.’’ copy. Publicly available docket
The EPA proposes to find that any materials are available either
final action regarding these pending electronically in http://
section 126(b) petitions is ‘‘nationally www.regulations.gov or in hard copy at
amozie on DSK3GDR082PROD with NOTICES1

applicable’’ or, in the alternative, is EPA Docket Center Reading Room,
based on a determination of William Jefferson Clinton West
‘‘nationwide scope and effect’’ within 62 See, e.g., Texas v. EPA, 2011 U.S. App. LEXIS
Building, 1301 Constitution Avenue
the meaning of section 307(b)(1). 5654 (5th Cir. 2011) (finding SIP call to 13 states
NW, Washington, DC 20004. The Public
Through this rulemaking action, the to be nationally applicable and thus transferring the Reading Room is open from 8:30 a.m. to
EPA interprets sections 110 and 126 of case to the U.S. Court of Appeals for the D.C. 4:30 p.m., Monday through Friday,
the CAA, statutory provisions which Circuit in accordance with CAA section 307(b)(1)). excluding legal holidays. The phone

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Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices 26683

number for the Public Reading Room is driver’s licenses and military ACTION: Notice.
(202) 566–1744. identification cards. For additional
information for the status of your state SUMMARY: This notice announces EPA’s
FOR FURTHER INFORMATION CONTACT: If
regarding REAL ID, go to http:// approval of the State of Rhode Island’s
you would like to speak at the public
www.dhs.gov/real-id-enforcement-brief. request to revise/modify certain of its
hearing, please contact Ms. Pamela
If you would like to present oral EPA-authorized programs to allow
Long, U.S. Environmental Protection
testimony at the hearing, please notify electronic reporting.
Agency, Office of Air Quality Planning
and Standards (OAQPS), Air Quality Ms. Pamela Long, U.S. Environmental DATES: EPA approves the authorized
Planning Division (C504–01), Research Protection Agency, Office of Air Quality program revisions/modifications as of
Triangle Park, NC 27711, telephone Planning and Standards (OAQPS), Air June 8, 2018.
(919) 541–0641, fax number (919) 541– Quality Planning Division (C504–01), FOR FURTHER INFORMATION CONTACT:
5509, email address long.pam@epa.gov, Research Triangle Park, NC 27711, Devon Martin, U.S. Environmental
no later than June 20, 2018. If you have telephone (919) 541–0641, fax number Protection Agency, Office of
any questions relating to the public (919) 541–5509, email address Environmental Information, Mail Stop
hearing, please contact Ms. Long. long.pam@epa.gov, no later than 4:00 2823T, 1200 Pennsylvania Avenue NW,
If you have questions concerning the p.m. ET on June 20, 2018. Ms. Long will Washington, DC 20460, (202) 566–2603,
petitions from Maryland and Delaware, arrange a general time slot for you to martin.devon@epa.gov.
please contact Mr. Lev Gabrilovich, U.S. speak. The EPA will make every effort
SUPPLEMENTARY INFORMATION: On
Environmental Protection Agency, to follow the schedule as closely as
October 13, 2005, the final Cross-Media
Office of Air Quality Planning and possible on the day of the hearing.
Oral testimony will be limited to 5 Electronic Reporting Rule (CROMERR)
Standards (OAQPS), Air Quality was published in the Federal Register
minutes for each commenter. The EPA
Planning Division, (C539–01), Research (70 FR 59848) and codified as part 3 of
encourages commenters to provide the
Triangle Park, NC 27711, telephone title 40 of the CFR. CROMERR
EPA with a copy of their oral testimony
(919) 541–1496, email address establishes electronic reporting as an
electronically (via email) or in hard
gabrilovich.lev@epa.gov. acceptable regulatory alternative to
copy form. Commenters should notify
SUPPLEMENTARY INFORMATION: The Ms. Long if they need specific paper reporting and establishes
public hearing will provide interested translation services for non-English requirements to assure that electronic
parties the opportunity to present data, speaking commenters. documents are as legally dependable as
views, or arguments concerning the The hearing schedule, including the their paper counterparts. Subpart D of
EPA’s proposed response to the list of speakers, will be posted on the CROMERR requires that state, tribal or
petitions from Maryland and Delaware. EPA’s website at https://www.epa.gov/ local government agencies that receive,
The EPA may ask clarifying questions ozone-pollution/ozone-national- or wish to begin receiving, electronic
during the oral presentations, but will ambient-air-quality-standards-naaqs- reports under their EPA-authorized
not respond to the presentations at that section-126-petitions prior to the programs must apply to EPA for a
time. Written statements and supporting hearing. Verbatim transcripts of the revision or modification of those
information that are submitted during hearing and written statements will be programs and obtain EPA approval.
the comment period will be considered included in the docket for the action. Subpart D provides standards for such
with the same weight as any oral approvals based on consideration of the
comments and supporting information How can I get copies of this document electronic document receiving systems
presented at the public hearing. Written and other related information? that the state, tribe, or local government
comments must be postmarked by the The EPA has established a docket for will use to implement the electronic
last day of the comment period. this action under Docket ID No. EPA– reporting. Additionally, § 3.1000(b)
The public hearing will convene at HQ–OAR–2018–0295 (available at through (e) of 40 CFR part 3, subpart D
9:00 a.m. and end at 6:00 p.m. Eastern http://www.regulations.gov). The EPA provides special procedures for program
Time (ET) or at least two hours after the has made available information related revisions and modifications to allow
last registered speaker has spoken. The to the proposed action on the following electronic reporting, to be used at the
EPA will make every effort to website: https://www.epa.gov/ozone- option of the state, tribe or local
accommodate all individuals interested pollution/ozone-national-ambient-air- government in place of procedures
in providing oral testimony. A lunch quality-standards-naaqs-section-126- available under existing program-
break is scheduled from 12:00 p.m. until petitions. specific authorization regulations. An
1:00 p.m. Please note that this hearing Dated: June 5, 2018. application submitted under the subpart
will be held at a U.S. government Panagiotis Tsirigotis, D procedures must show that the state,
facility. Individuals planning to attend Director, Office of Air Quality Planning and tribe or local government has sufficient
the hearing should be prepared to show Standards. legal authority to implement the
valid picture identification to the [FR Doc. 2018–12453 Filed 6–7–18; 8:45 am]
electronic reporting components of the
security staff in order to gain access to programs covered by the application
BILLING CODE 6560–50–P
the meeting room. The REAL ID Act, and will use electronic document
passed by Congress in 2005, established receiving systems that meet the
new requirements for entering federal ENVIRONMENTAL PROTECTION applicable subpart D requirements.
facilities. These requirements took effect AGENCY On May 2, 2018, the Rhode Island
on July 21, 2014. If your driver’s license Department of Environmental
amozie on DSK3GDR082PROD with NOTICES1

is issued by American Samoa, you must [9978–67–OEI] Management (RI DEM) submitted an
present an additional form of application titled ‘‘NPDES e-Reporting
Cross-Media Electronic Reporting:
identification to enter the federal Tool’’ for revisions/modifications to its
Authorized Program Revision
building where the public hearing will EPA-approved programs under title 40
Approval, State of Rhode Island
be held. Acceptable alternative forms of CFR to allow new electronic reporting.
identification include: Federal AGENCY: Environmental Protection EPA reviewed RI DEM’s request to
employee badges, passports, enhanced Agency (EPA). revise/modify its EPA-authorized

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Document Created: 2018-06-08 01:23:05
Document Modified: 2018-06-08 01:23:05

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		Notice of public hearing.
Dates		The public hearing will be held on June 22, 2018, in Washington, DC. Please refer to SUPPLEMENTARY INFORMATION for additional information on the public hearing.
Contact		If you would like to speak at the public hearing, please contact Ms. Pamela Long, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards (OAQPS), Air Quality Planning Division (C504-01), Research Triangle Park, NC 27711, telephone (919) 541-0641, fax number (919) 541-5509,
FR Citation		83 FR 26682
RIN Number		2060-AT40, 2060-AT39, 2060-AT38, 2060-AT37 and 2060-AT36