83 FR 29458 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New Hampshire; Delegation of Authority
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 122 (June 25, 2018)
Federal Register Volume 83, Issue 122 (June 25, 2018)
| Page Range | 29458-29460 | |
| FR Document | 2018-13552 |
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)] [Rules and Regulations] [Pages 29458-29460] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13552] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R01-OAR-2018-0069; FRL-9979-29-Region 1] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; New Hampshire; Delegation of Authority AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing its action to codify into the Code of Federal Regulations (CFR) the delegation of authority to implement and enforce the Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or before October 14, 2010 (SSI Federal Plan) to the New Hampshire Department of Environmental Services (NH DES). The SSI Federal Plan addresses the implementation and enforcement of the emission guidelines applicable to existing SSI units located in areas not covered by an approved and currently effective state plan. The SSI Federal Plan imposes emission limits [[Page 29459]] and other control requirements for existing affected SSI facilities which will reduce designated pollutants. This action is being taken under the Clean Air Act (CAA). DATES: This rule is effective on July 25, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2018-0069. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact 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 legal holidays. FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxic, & Indoor Programs Unit, U.S. Environmental Protection Agency, Region 1, 5 Post Office Square--Suite 100, Mail Code: OEP05-2, Boston, MA, 02109- 3912, tel. (617) 918-1287, email [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. What action is the EPA taking today? II. What was submitted by the NH DES and how did the EPA respond? III. What comments were received in response to the EPA's proposed action? IV. What is the EPA's conclusion? V. Statutory and Executive Order Reviews I. What action is the EPA taking today? The EPA is finalizing through codification of regulatory text in 40 CFR part 62, subpart EE the delegation of authority to implement and enforce the SSI Federal Plan to the NH DES. A Memorandum of Agreement (MoA), which became effective on December 22, 2017, serves as the transfer mechanism for the implementation and enforcement authority to NH DES. However, nothing in this action, nor in the MoA, shall be construed to prohibit the EPA from enforcing the SSI Federal Plan. II. What was submitted by the NH DES and how did the EPA respond? On November 14, 2017, the NH DES submitted to the EPA a request for delegation of authority from the EPA to implement and enforce the SSI Federal Plan. The EPA prepared the MoA that defined the policies, responsibilities, and procedures by which the SSI Federal Plan would be administered by both the NH DES and the EPA, pursuant to 40 CFR part 62, subpart LLL for SSI units. Condition I.E. of the MoA states, ``The delegation of the Federal Plan to New Hampshire shall become effective upon authorized signature of both the NH DES and the EPA.'' \1\ On December 18, 2017, Mr. Robert R. Scott, Commissioner of NH DES signed the MoA, and on December 22, 2017, Mr. Ken Moraff, as Acting Regional Administrator of EPA Region 1 signed the MoA. The MoA became effective upon signature by Mr. Ken Moraff on December 22, 2017. --------------------------------------------------------------------------- \1\ See the Memorandum of Agreement Between New Hampshire Department of Environmental Services and The United States Environmental Protection Agency, Region 1 Sewage Sludge Incinerators Federal Plan Delegation. The reader may refer to it in the docket for this rulemaking at www.regulations.gov (see Docket ID Number EPA-R01-OAR-2018-0069). --------------------------------------------------------------------------- III. What comments were received in response to the EPA's proposed action? The EPA published a proposed rulemaking concerning this action on March 16, 2018. See 83 FR 11652. In response to the EPA's March 16, 2018 proposed rulemaking action, we received a number of anonymous comments on the proposed action that were not germane to the proposal and/or did not specify what changes should be made to the NH DES delegation of the SSI Federal Plan. Many of the comments identified and pertained to issues that are outside the scope of, and do not reference, the proposed action. Therefore, EPA will not provide any further specific responses to these comments. EPA did however receive one comment which could be construed to refer to the proposed rulemaking for the NH DES SSI Federal Plan delegation. Comment: A single anonymous comment, much of which included information that was not germane to EPA's proposed rulemaking for the NH DES SSI Federal Plan delegation, also stated that ``The Rule created potentially unduly burdensome requirements [sic] Given the extremely limited pollutant loadings and relative high costs, according to EPA's own analysis, these requirements appear to be ripe for substantial reduction or elimination. this [sic] entire subcategory would be excluded by rule given the de minimis amount of pollution.'' Response: If ``The Rule'' in the submitted comment refers to EPA's March 16, 2018 (83 FR 11652) proposed rulemaking, EPA disagrees with the comment because this action merely codifies the delegation of an existing Federal requirement to the State and does not impose additional requirements beyond those imposed by existing Federal regulations. IV. What is the EPA's conclusion? For the reasons described above and in EPA's proposal, the EPA is finalizing its action to codify into the CFR the delegation of authority to implement and enforce the SSI Federal Plan to NH DES. EPA will codify the delegation and reference to the MoA at 40 CFR part 62 subpart EE, thus satisfying the procedural requirements outlined in EPA's Delegation Manual.\2\ --------------------------------------------------------------------------- \2\ Section 7-139 of the EPA's Delegation Manual is entitled ``Implementation and Enforcement of 111(d)(2) and 111(d)/129(b)(3) Federal Plans'' and the reader may refer to it in the docket for this rulemaking at www.regulations.gov (see Docket ID Number EPA- R01-OAR-2018-0069). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a state plan submission that complies with the provisions of the CAA section 111(d) and 129(b)(2) and applicable Federal regulations. 42 U.S.C. 7411(d) and 7429(b)(2); 40 CFR 62.02(a). Thus, in reviewing state plan submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves a state delegation request as meeting Federal requirements and does not impose additional requirements beyond those already 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); This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866; Does not impose an information collection burden under the provisions [[Page 29460]] of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide 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, this rulemaking does not 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 62 Environmental protection, Air pollution control, Administrative practice and procedure, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Waste treatment and disposal. Dated: June 18, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1. Part 62 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 0 1. The authority citation for part 62 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart EE--New Hampshire 0 2. Add an undesignated center heading and Sec. 62.7465 to subpart EE to read as follows: Air Emissions From Existing Sewage Sludge Incineration Units Sec. 62.7465 Identification of plan--delegation of authority. (a) Letter from the New Hampshire Department of Environmental Services (NH DES), submitted November 14, 2017, requested delegation of authority from the EPA to implement and enforce the Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or before October 14, 2010 (SSI Federal Plan). The SSI Federal Plan will be administered by both the NH DES and the EPA pursuant to 40 CFR part 62 subpart LLL. (b) Identification of sources. The SSI Federal Plan applies to owners or operators of existing facilities that meet all three of the following criteria: (1) The SSI unit(s) commenced construction on or before October 14, 2010; (2) The SSI unit(s) meets the definition of an SSI unit as defined in Sec. 62.16045; and (3) The SSI unit(s) is not exempt under Sec. 62.15860. (c) On December 18, 2017 Mr. Robert R. Scott, Commissioner of NH DES, signed the Memorandum of Agreement (MoA) which defines the policies, responsibilities, and procedures by which the SSI Federal Plan will be administered. On December 22, 2017, Mr. Ken Moraff, as Acting Regional Administrator of EPA Region 1, signed the MoA. (d) The delegation is fully effective as of December 22, 2017. [FR Doc. 2018-13552 Filed 6-22-18; 8:45 am] BILLING CODE 6560-50-P
![29458 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
■ b. Revising the entries under ‘‘Section VIII,’’ ‘‘Section XI,’’ and The revisions read as follows:
Regulation No. 62.5, Standard No. 4, for ‘‘Section XII’’; and
■ c. Removing the entry under § 52.2120 Identification of plan.
‘‘Section II,’’ ‘‘Section III,’’ ‘‘Section V,’’
Regulation No. 62.5, Standard No. 4, for * * * * *
‘‘Section IV’’ (c) * * *
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State
State citation Title/subject effective EPA approval date Explanation
date
* * * * * * *
Regulation No. 62.5 ......... Air Pollution Control Standards.
Standard No. 1 ................ Emissions from Fuel Burning Operations.
Section I ........................... Visible Emissions ............................................. 6/27/2014 6/25/2018, [Insert cita- Except for subparagraph C ‘‘Special Provi-
tion of publication]. sions,’’ including those versions submitted
by the State on July 18, 2011 and August
12, 2015. Therefore, subparagraph C re-
tains the version that was state effective
October 26, 2001.
Section II ......................... Particulate Matter Emissions ........................... 6/27/2014 6/25/2018, [Insert cita-
tion of publication].
Section III ........................ Sulfur Dioxide Emissions ................................. 6/27/2014 6/25/2018, [Insert cita-
tion of publication].
Section IV ........................ Opacity Monitoring Requirements ................... 9/23/2016 6/25/2018, [Insert cita- Except subparagraph B ‘‘Continuous Opacity
tion of publication]. Monitor Reporting Requirements,’’ including
those versions submitted by the State on
August 8, 2014 and August 12, 2015.
Therefore, subparagraph B retains the
version that was state effective September
28, 2012.
* * * * * * *
Section VI ........................ Periodic Testing ............................................... 6/27/2014 6/25/2018, [Insert cita-
tion of publication].
* * * * * * *
Standard No. 4 ................ Emissions From Process Industries.
* * * * * * *
Section II ......................... Sulfuric Acid Manufacturing ............................. 6/27/2014 6/25/2018, [Insert cita-
tion of publication].
Section III ........................ Kraft Pulp and Paper Manufacturing Plants .... 6/27/2014 6/25/2018, [Insert cita-
tion of publication].
Section V ......................... Cotton Gins ...................................................... 6/27/2014 6/25/2018, [Insert cita-
tion of publication].
* * * * * * *
Section VIII ...................... Other Manufacturing ........................................ 6/24/2016 6/25/2018, [Insert cita-
tion of publication].
* * * * * * *
Section XI ........................ Total Reduced Sulfur Emissions of Kraft Pulp 6/27/2014 6/25/2018, [Insert cita-
Mills. tion of publication].
Section XII ....................... Periodic Testing ............................................... 6/24/2016 6/25/2018, [Insert cita-
tion of publication].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The Environmental Protection
[FR Doc. 2018–13446 Filed 6–22–18; 8:45 am] AGENCY Agency (EPA) is finalizing its action to
BILLING CODE 6560–50–P codify into the Code of Federal
40 CFR Part 62 Regulations (CFR) the delegation of
authority to implement and enforce the
[EPA–R01–OAR–2018–0069; FRL–9979–29– Federal Plan Requirements for Sewage
Region 1] Sludge Incineration Units Constructed
on or before October 14, 2010 (SSI
Approval and Promulgation of State Federal Plan) to the New Hampshire
Plans for Designated Facilities and Department of Environmental Services
Pollutants; New Hampshire; Delegation (NH DES). The SSI Federal Plan
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of Authority addresses the implementation and
enforcement of the emission guidelines
AGENCY: Environmental Protection applicable to existing SSI units located
Agency (EPA). in areas not covered by an approved and
ACTION: Final rule. currently effective state plan. The SSI
Federal Plan imposes emission limits
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![Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations 29459
and other control requirements for However, nothing in this action, nor in Given the extremely limited pollutant
existing affected SSI facilities which the MoA, shall be construed to prohibit loadings and relative high costs,
will reduce designated pollutants. This the EPA from enforcing the SSI Federal according to EPA’s own analysis, these
action is being taken under the Clean Plan. requirements appear to be ripe for
Air Act (CAA). substantial reduction or elimination.
II. What was submitted by the NH DES
DATES: This rule is effective on July 25, this [sic] entire subcategory would be
and how did the EPA respond?
2018. excluded by rule given the de minimis
ADDRESSES: EPA has established a On November 14, 2017, the NH DES amount of pollution.’’
docket for this action under Docket submitted to the EPA a request for Response: If ‘‘The Rule’’ in the
Identification No. EPA–R01–OAR– delegation of authority from the EPA to submitted comment refers to EPA’s
2018–0069. All documents in the docket implement and enforce the SSI Federal March 16, 2018 (83 FR 11652) proposed
are listed on the https:// Plan. The EPA prepared the MoA that rulemaking, EPA disagrees with the
www.regulations.gov website. Although defined the policies, responsibilities, comment because this action merely
listed in the index, some information is and procedures by which the SSI codifies the delegation of an existing
not publicly available, i.e., Confidential Federal Plan would be administered by Federal requirement to the State and
Business Information (CBI) or other both the NH DES and the EPA, pursuant does not impose additional
information whose disclosure is to 40 CFR part 62, subpart LLL for SSI requirements beyond those imposed by
restricted by statute. Certain other units. Condition I.E. of the MoA states, existing Federal regulations.
material, such as copyrighted material, ‘‘The delegation of the Federal Plan to
New Hampshire shall become effective IV. What is the EPA’s conclusion?
is not placed on the internet and will be
publicly available only in hard copy upon authorized signature of both the For the reasons described above and
form. Publicly available docket NH DES and the EPA.’’ 1 On December in EPA’s proposal, the EPA is finalizing
materials are available at https:// 18, 2017, Mr. Robert R. Scott, its action to codify into the CFR the
www.regulations.gov or at the U.S. Commissioner of NH DES signed the delegation of authority to implement
Environmental Protection Agency, EPA MoA, and on December 22, 2017, Mr. and enforce the SSI Federal Plan to NH
New England Regional Office, Office of Ken Moraff, as Acting Regional DES. EPA will codify the delegation and
Ecosystem Protection, Air Quality Administrator of EPA Region 1 signed reference to the MoA at 40 CFR part 62
Planning Unit, 5 Post Office Square— the MoA. The MoA became effective subpart EE, thus satisfying the
Suite 100, Boston, MA. EPA requests upon signature by Mr. Ken Moraff on procedural requirements outlined in
that if at all possible, you contact the December 22, 2017. EPA’s Delegation Manual.2
contact listed in the FOR FURTHER III. What comments were received in V. Statutory and Executive Order
INFORMATION CONTACT section to response to the EPA’s proposed action? Reviews
schedule your inspection. The Regional
Office’s official hours of business are The EPA published a proposed Under the Clean Air Act, the
Monday through Friday, 8:30 a.m. to rulemaking concerning this action on Administrator is required to approve a
4:30 p.m., excluding legal holidays. March 16, 2018. See 83 FR 11652. In state plan submission that complies
FOR FURTHER INFORMATION CONTACT:
response to the EPA’s March 16, 2018 with the provisions of the CAA section
Patrick Bird, Air Permits, Toxic, & proposed rulemaking action, we 111(d) and 129(b)(2) and applicable
Indoor Programs Unit, U.S. received a number of anonymous Federal regulations. 42 U.S.C. 7411(d)
Environmental Protection Agency, comments on the proposed action that and 7429(b)(2); 40 CFR 62.02(a). Thus,
Region 1, 5 Post Office Square—Suite were not germane to the proposal and/ in reviewing state plan submissions,
100, Mail Code: OEP05–2, Boston, MA, or did not specify what changes should EPA’s role is to approve state choices,
02109–3912, tel. (617) 918–1287, email be made to the NH DES delegation of provided that they meet the criteria of
bird.patrick@epa.gov. the SSI Federal Plan. Many of the the CAA. Accordingly, this action
comments identified and pertained to merely approves a state delegation
SUPPLEMENTARY INFORMATION:
issues that are outside the scope of, and request as meeting Federal requirements
Throughout this document whenever
do not reference, the proposed action. and does not impose additional
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Therefore, EPA will not provide any requirements beyond those already
EPA.
further specific responses to these imposed by state law. For that reason,
Table of Contents comments. this action:
I. What action is the EPA taking today?
EPA did however receive one • Is not a significant regulatory action
II. What was submitted by the NH DES and comment which could be construed to subject to review by the Office of
how did the EPA respond? refer to the proposed rulemaking for the Management and Budget under
III. What comments were received in NH DES SSI Federal Plan delegation. Executive Orders 12866 (58 FR 51735,
response to the EPA’s proposed action? Comment: A single anonymous October 4, 1993) and 13563 (76 FR 3821,
IV. What is the EPA’s conclusion? comment, much of which included
V. Statutory and Executive Order Reviews
January 21, 2011);
information that was not germane to • This action is not expected to be an
I. What action is the EPA taking today? EPA’s proposed rulemaking for the NH Executive Order 13771 regulatory action
DES SSI Federal Plan delegation, also because this action is not significant
The EPA is finalizing through stated that ‘‘The Rule created potentially
codification of regulatory text in 40 CFR under Executive Order 12866;
unduly burdensome requirements [sic]
part 62, subpart EE the delegation of • Does not impose an information
authority to implement and enforce the collection burden under the provisions
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1 See the Memorandum of Agreement Between
SSI Federal Plan to the NH DES. A New Hampshire Department of Environmental
Memorandum of Agreement (MoA), Services and The United States Environmental 2 Section 7–139 of the EPA’s Delegation Manual
which became effective on December Protection Agency, Region 1 Sewage Sludge is entitled ‘‘Implementation and Enforcement of
Incinerators Federal Plan Delegation. The reader 111(d)(2) and 111(d)/129(b)(3) Federal Plans’’ and
22, 2017, serves as the transfer may refer to it in the docket for this rulemaking at the reader may refer to it in the docket for this
mechanism for the implementation and www.regulations.gov (see Docket ID Number EPA– rulemaking at www.regulations.gov (see Docket ID
enforcement authority to NH DES. R01–OAR–2018–0069). Number EPA–R01–OAR–2018–0069).
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of the Paperwork Reduction Act (44 PART 62—APPROVAL AND DEPARTMENT OF COMMERCE
U.S.C. 3501 et seq.); PROMULGATION OF STATE PLANS
• Is certified as not having a FOR DESIGNATED FACILITIES AND National Oceanic and Atmospheric
significant economic impact on a POLLUTANTS Administration
substantial number of small entities
under the Regulatory Flexibility Act (5 ■ 1. The authority citation for part 62 50 CFR Part 216
U.S.C. 601 et seq.); continues to read as follows: RIN 0648–XG306
• Does not contain any unfunded Authority: 42 U.S.C. 7401 et seq.
Extension of Opening Date for
mandate or significantly or uniquely
Subsistence Taking of Northern Fur
affect small governments, as described Subpart EE—New Hampshire
Seals on the Pribilof Islands; St.
in the Unfunded Mandates Reform Act
George Island
of 1995 (Pub. L. 104–4); ■ 2. Add an undesignated center
• Does not have Federalism heading and § 62.7465 to subpart EE to AGENCY: National Marine Fisheries
implications as specified in Executive read as follows: Service (NMFS), National Oceanic and
Order 13132 (64 FR 43255, August 10, Atmospheric Administration (NOAA),
Air Emissions From Existing Sewage Commerce.
1999);
Sludge Incineration Units
• Is not an economically significant ACTION: Temporary rule; extension of
regulatory action based on health or § 62.7465 Identification of plan— opening date.
safety risks subject to Executive Order delegation of authority.
SUMMARY: NMFS is extending the
13045 (62 FR 19885, April 23, 1997); (a) Letter from the New Hampshire opening date of the subsistence use
• Is not a significant regulatory action Department of Environmental Services season of the Eastern Pacific stock of
subject to Executive Order 13211 (66 FR (NH DES), submitted November 14, northern fur seals (Callorhinus ursinus)
28355, May 22, 2001); 2017, requested delegation of authority by opening the season on June 20, 2018,
• Is not subject to requirements of from the EPA to implement and enforce in response to a request from the
Section 12(d) of the National the Federal Plan Requirements for Traditional Council of St. George Island,
Technology Transfer and Advancement Sewage Sludge Incineration Units Tribal Government. The subsistence use
Act of 1995 (15 U.S.C. 272 note) because Constructed on or before October 14, regulations at 50 CFR 216.72(a)
application of those requirements would 2010 (SSI Federal Plan). The SSI Federal authorize the extension of the northern
be inconsistent with the Clean Air Act; Plan will be administered by both the fur seal harvest earlier than the
and NH DES and the EPA pursuant to 40 scheduled opening date of June 23. The
opening of the season three days earlier
• Does not provide EPA with the CFR part 62 subpart LLL.
is intended to provide meat for the
discretionary authority to address, as (b) Identification of sources. The SSI community of St. George Island in
appropriate, disproportionate human Federal Plan applies to owners or response to the unavailability of food in
health or environmental effects, using operators of existing facilities that meet the community store due to unforeseen
practicable and legally permissible all three of the following criteria: flight cancellations and the complete
methods, under Executive Order 12898
(1) The SSI unit(s) commenced consumption of fur seal meat from
(59 FR 7629, February 16, 1994).
construction on or before October 14, harvests in 2017.
In addition, this rulemaking does not 2010; DATES: The opening for the sub-adult
apply on any Indian reservation land or male fur seal harvest is effective at 12:01
in any other area where EPA or an (2) The SSI unit(s) meets the
definition of an SSI unit as defined in a.m., Alaska local time, June 20, 2018,
Indian tribe has demonstrated that a until 11:59 p.m., Alaska local time,
tribe has jurisdiction. In those areas of § 62.16045; and
August 8, 2018, per the regulations at 50
Indian country, the rule does not have (3) The SSI unit(s) is not exempt CFR 216.72(d)(1).
tribal implications and will not impose under § 62.15860.
FOR FURTHER INFORMATION CONTACT:
substantial direct costs on tribal (c) On December 18, 2017 Mr. Robert Michael Williams, NMFS Alaska
governments or preempt tribal law as
R. Scott, Commissioner of NH DES, Region, 907–271–5117,
specified by Executive Order 13175 (65
signed the Memorandum of Agreement michael.williams@noaa.gov.
FR 67249, November 9, 2000).
(MoA) which defines the policies, SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 62 responsibilities, and procedures by
which the SSI Federal Plan will be Background
Environmental protection, Air administered. On December 22, 2017, St. George Island is a remote island
pollution control, Administrative Mr. Ken Moraff, as Acting Regional located in the Bering Sea populated by
practice and procedure, Carbon Alaska Native residents who rely upon
Administrator of EPA Region 1, signed
monoxide, Intergovernmental relations, marine mammals as a major food source
the MoA.
Lead, Nitrogen dioxide, Particulate and cornerstone of their culture.
matter, Reporting and recordkeeping (d) The delegation is fully effective as
Regulations issued under the authority
requirements, Sulfur oxides, Waste of December 22, 2017.
of the Fur Seal Act authorize
treatment and disposal. [FR Doc. 2018–13552 Filed 6–22–18; 8:45 am] Pribilovians to take fur seals on the
Dated: June 18, 2018. BILLING CODE 6560–50–P Pribilof Islands if such taking is for
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Alexandra Dunn, subsistence uses and not accomplished
Regional Administrator, EPA Region 1. in a wasteful manner (50 CFR 216.71).
The residents of St. George Island are
Part 62 of chapter I, title 40 of the currently authorized by regulations
Code of Federal Regulations is amended under the FSA Section 105 (16 U.S.C.
as follows: 1155) to harvest male fur seals 124.5
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Document Created: 2018-06-23 02:29:37
Document Modified: 2018-06-23 02:29:37
| 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 on July 25, 2018. | |
| Contact | Patrick Bird, Air Permits, Toxic, & Indoor Programs Unit, U.S. Environmental Protection Agency, Region 1, 5 Post Office Square--Suite 100, Mail Code: OEP05-2, Boston, MA, 02109- 3912, tel. (617) 918-1287, email [email protected] | |
| FR Citation | 83 FR 29458 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Administrative Practice and Procedure; Carbon Monoxide; Intergovernmental Relations; Lead; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Waste Treatment and Disposal |
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