83 FR 4614 - Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Revisions to the Transportation Conformity Consultation Process
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 22 (February 1, 2018)
Federal Register Volume 83, Issue 22 (February 1, 2018)
| Page Range | 4614-4617 | |
| FR Document | 2018-01853 |
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)] [Proposed Rules] [Pages 4614-4617] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01853] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-0AR-2017-0753; FRL-9973-45-Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Revisions to the Transportation Conformity Consultation Process AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by Colorado on May 16, 2017. The May 16, 2017 SIP revision addresses minor changes and typographical corrections to the transportation conformity requirements of Colorado's Regulation Number 10 ``Criteria for Analysis of Conformity.'' These actions are being taken under section 110 of the Clean Air Act. DATES: Written comments must be received on or before March 5, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08- OAR-2017-0753 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to the public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information, the disclosure of which 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. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, [[Page 4615]] cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6479, or [email protected]. SUPPLEMENTARY INFORMATION: I. General Information What should I consider as I prepare my comments for the EPA? a. Submitting CBI. Do not submit CBI to the EPA through www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. b. Tips for Preparing Your Comments. When submitting comments, remember to: 1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). 2. Follow directions--The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. 4. Describe any assumptions and provide any technical information and/or data that you used. 5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. 6. Provide specific examples to illustrate your concerns, and suggest alternatives. 7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. 8. Make sure to submit your comments by the comment period deadline identified. II. Background The EPA is proposing approval of minor revisions to Colorado's Regulation Number 10 which is entitled ``Criteria for Analysis of Conformity'' (hereafter, ``Regulation No. 10''). We note the most recent prior SIP revisions to Regulation No. 10, that we approved, occurred on March 4, 2014 (79 FR 12079). The purpose of Regulation No. 10 is to address the transportation conformity SIP requirements of section 176(c) of the Clean Air Act (CAA) and 40 CFR 51.390(b). In addition, Regulation No. 10 also addresses the following transportation conformity SIP element requirements; 40 CFR 93.105 which formalizes the consultation procedures; 40 CFR 93.122(a)(4)(ii) which addresses written commitments to control measures that are not included in a Metropolitan Planning Organization's (MPOs) transportation plan and transportation improvement program that must be obtained prior to a conformity determination; and 40 CFR 93.125(c) which addresses written commitments to mitigation measures that must be obtained prior to a project-level conformity determination.\1\ --------------------------------------------------------------------------- \1\ A conformity SIP includes a state's specific criteria and procedures for certain aspects of the transportation conformity process consistent with the federal conformity rule. A conformity SIP does not contain motor vehicle emissions budgets, emissions inventories, air quality demonstrations, or control measures. See EPA's Guidance for Developing Transportation Conformity State Implementation Plans (SIPs) for further background: https://nepis.epa.gov/Exe/ZyPDF.cgi/P1002W5B.PDF?Dockey=P1002W5B.PDF. --------------------------------------------------------------------------- III. What was the State's process to submit a SIP revision to the EPA? Section 110(k) of the CAA addresses our actions on submissions of revisions to a SIP. The CAA requires states to observe certain procedural requirements in developing SIP revisions for submittal to the EPA. Section 110(a)(2) of the CAA requires that each SIP revision be adopted after reasonable notice and public hearing. This must occur prior to the revision being submitted by a state. For the May 16, 2017 revisions to Regulation No. 10, the Colorado Air Quality Control Commission (AQCC) held a public hearing for those revisions on February 18, 2016. There were no public comments. The AQCC adopted the revisions to Regulation No. 10 directly after the hearing. This SIP revision became state effective on March 30, 2016 and was submitted by Dr. Larry Wolk, Executive Director of the Colorado Department of Public Health and Environment (CDPHE), and on behalf of the Governor, to the EPA on May 16, 2017. We have evaluated the State's May 16, 2017 submittal for Regulation No. 10 and have determined that the State met the requirements for reasonable notice and public hearing under section 110(a)(2) of the CAA. By operation of law under section 110(k)(1)(B) of the CAA, the State's May 16, 2017 submittal was deemed complete by the EPA on November 25, 2017. IV. EPA's Evaluation of the State's May 16, 2017 Submittal The EPA has reviewed the revisions to Regulation No. 10 that were submitted by the State on May 16, 2017 and we are proposing to approve these revisions. We reviewed the State's submittal to assure consistency with the transportation conformity requirements in 40 CFR 51.390(b), that establish the requirements for conformity consultation SIPs and to the transportation conformity requirements in 40 CFR 93.105, 93.122(a)(4)(ii) and 93.125(c).2 3 We also consulted our document ``Guidance for Developing Transportation Conformity State Implementation Plans (SIPs),'' EPA-420-B-09-001, dated January 2009.\4\ --------------------------------------------------------------------------- \2\ ``40 CFR 93 Transportation Conformity Rule PM2.5 and PM10 Amendments; Final Rule,'' March 24, 2010, 75 FR 14260. \3\ ``40 CFR 93 Transportation Conformity Rule Restructuring Amendments; Final Rule,'' March 14, 2012, 77 FR 14979. \4\ See: http://www.epa.gov/otaq/stateresources/transconf/policy/420b09001.pdf --------------------------------------------------------------------------- Our review regarding the revisions to Regulation No. 10 included the following: (a) The Title to Regulation No. 10. The revisions to the title included typographic changes to the title such as capitalization, use of lower case letters to remove capitalization of particular words and inclusion of a sentence regarding the editor's notes at the end of the regulation. Except for the addition of the sentence regarding the editor's notes, we otherwise note that only typographic changes were performed and no words or terms were added or deleted. (b) Section II. ``Definitions.'' The EPA has reviewed and finds acceptable the revisions and clarifications that the state made to the definition of ``Routine Conformity Determination.'' These revisions to Regulation No. 10 were designed to streamline the transportation conformity process by allowing the CDPHE to provide concurrence for a wider range of routine [[Page 4616]] transportation conformity determinations without the need for a public hearing before the AQCC. This change to the routine conformity determination definition will reduce the burden on the AQCC, the CDPHE and transportation MPOs while continuing to ensure that air quality transportation conformity requirements are met. In addition, we note that the changes also include the provision that notwithstanding this general definition, the CDPHE or the AQCC may, at its discretion, request that any transportation conformity determination be reviewed by the AQCC. The EPA notes that such a review may also include a public hearing before the AQCC. (c) Typographical corrections were made to the following sections: Section II, definition of Review Team; Section III, subsections III.A.2, III.A.3, III.B.1.a, III.C.1.b.(2), III.C.1.g and III.F.3. (d) Section VI. ``Statements of Basis, Specific Statutory Authority, and Purpose.'' The EPA notes that the changes to this section VI in the State's regulation merely provide information for the State regarding the SIP revision and are not necessary for an approvable Transportation Conformity Consultation SIP element whose purpose is to meet the requirements of CAA section 176(c)(4)(E) and 40 CFR 51.390. Therefore, the EPA is not taking any action on this section. V. Summary of the EPA's Proposed Action For the reasons discussed in section IV above, and under CAA section 110(k)(3), the EPA is proposing to approve the Regulation No. 10 revisions to Section II to the definition of ``Routine Conformity Determination.'' In addition, we are proposing approval of the typographic corrections to the Regulation No. 10 title, to Section II and to the Section III subsections III.A.2, III.A.3, III.B.1.a, III.C.1.b.(2), III.C.1.g and III.F.3. The EPA notes that revisions were also made to Colorado's Regulation No. 10, section VI ``Statements of Basis, Specific Statutory Authority, and Purpose''; however, the EPA is not taking any action on the revisions to this section. The revisions to section VI are only informational in nature for the State and do not require federal approval into the SIP. VI. Consideration of Section 110(1) of the Clean Air Act Under section 110(l) of the CAA, the EPA cannot approve a SIP revision if the revision would interfere with any applicable requirements concerning attainment and Reasonable Further Progress toward attainment of the National Ambient Air Quality Standards (NAAQS), or any other applicable requirement of the CAA. The EPA proposes to determine that the portions of Regulation No. 10 that we are acting on are consistent with the applicable requirements of the CAA. Furthermore, these portions do not relax any previously approved SIP provision; thus they do not otherwise interfere with attainment and maintenance of the NAAQS. In addition, section 110(l) of the CAA requires that each revision to an implementation plan submitted by a state shall be adopted by the state after reasonable notice and opportunity for public hearing. On February 18, 2016, the AQCC held a public hearing and the AQCC adopted the revisions to Regulation No. 10 directly after the hearing. This SIP revision became state effective on March 30, 2016. Therefore, the CAA section 110(l) requirements are satisfied. VII. Incorporation by Reference In this rule, the 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, the EPA is proposing to incorporate by reference the approval of portions of Regulation No. 10 as submitted by the State of Colorado and as discussed above in section IV of this preamble. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 8 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). VIII. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. 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 proposed 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 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, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, and Volatile Organic Compounds. Authority: 42 U.S.C. 7401 et seq. [[Page 4617]] Dated: January 24, 2018. Debra H. Thomas, Acting Regional Administrator, Region 8. [FR Doc. 2018-01853 Filed 1-31-18; 8:45 am] BILLING CODE 6560-50-P
![4614 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules
extending from 6.3-mile radius to 10.5 PART 71—DESIGNATION OF CLASS A, Executive Airport extending from the 6.3-
miles (decreased from 11.2 miles) B, C, D, AND E AIRSPACE AREAS; AIR mile radius to 11.3 miles southeast of the
northwest of the airport. Also, due to a airport, and within 2 miles each side of the
TRAFFIC SERVICE ROUTES; AND 311° bearing from Austin Executive Airport
recent change to FAA Order 7400.2L, REPORTING POINTS extending from the 6.3-mile radius to 10.5
Procedures for Handling Airspace miles northwest of the airport.
Matters, dated October 12, 2017, the ■ 1. The authority citation for part 71
continues to read as follows: Issued in Fort Worth, Texas, on January 23,
name of the city associated with the
2018.
airport is removed from the airspace Authority: 49 U.S.C. 106(f), 106(g); 40103,
Christopher L. Southerland,
designation. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389. Acting Manager, Operations Support Group,
Controlled airspace is necessary for ATO Central Service Center.
the safety and management of Standard § 71.1 [Amended] [FR Doc. 2018–01796 Filed 1–31–18; 8:45 am]
Instrument Approach Procedures
■ 2. The incorporation by reference in BILLING CODE 4910–13–P
(SIAPs) for IFR operations at this
14 CFR 71.1 of FAA Order 7400.11B,
airport.
Airspace Designations and Reporting
Class D and E airspace designations Points, dated August 3, 2017, and
are published in paragraph 5000, 6002, ENVIRONMENTAL PROTECTION
effective September 15, 2017, is AGENCY
and 6005, respectively, of FAA Order amended as follows:
7400.11B, dated August 3, 2017, and 40 CFR Part 52
effective September 15, 2017, which is Paragraph 5000 Class D Airspace.
incorporated by reference in 14 CFR * * * * * [EPA–R08–0AR–2017–0753; FRL–9973–45–
71.1. The Class D and E airspace Region 8]
ASW TX D Austin, TX [New]
designations listed in this document
Austin Executive Airport, TX Approval and Promulgation of Air
will be published subsequently in the
(Lat. 30°23′51″ N, long. 97°33′59″ W) Quality Implementation Plans; State of
Order.
That airspace extending upward from the Colorado; Revisions to the
Regulatory Notices and Analyses surface to and including 3,000 feet MSL Transportation Conformity
within a 4.1-mile radius of Austin Executive Consultation Process
The FAA has determined that this Airport. This Class D airspace area is
regulation only involves an established effective during the specific dates and times AGENCY: Environmental Protection
body of technical regulations for which established in advance by a Notice to Agency (EPA).
frequent and routine amendments are Airmen. The effective date and time will ACTION: Proposed rule.
necessary to keep them operationally thereafter be continuously published in the
current, is non-controversial and Chart Supplement. SUMMARY: The Environmental Protection
unlikely to result in adverse or negative * * * * * Agency (EPA) is proposing to approve a
comments. It, therefore: (1) Is not a State Implementation Plan (SIP)
Paragraph 6002 Class E Surface Area
‘‘significant regulatory action’’ under Airspace. revision submitted by Colorado on May
Executive Order 12866; (2) is not a 16, 2017. The May 16, 2017 SIP revision
* * * * * addresses minor changes and
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44 ASW TX E2 Austin, TX [New] typographical corrections to the
FR 11034; February 26, 1979); and (3) Austin Executive Airport, TX transportation conformity requirements
does not warrant preparation of a (Lat. 30°23′51″ N, long. 97°33′59″ W) of Colorado’s Regulation Number 10
regulatory evaluation as the anticipated That airspace within a 4.1-mile radius of ‘‘Criteria for Analysis of Conformity.’’
impact is so minimal. Since this is a Austin Executive Airport. This Class E These actions are being taken under
routine matter that will only affect air airspace area is effective during the specific section 110 of the Clean Air Act.
dates and times established in advance by a DATES: Written comments must be
traffic procedures and air navigation, it
Notice to Airmen. The effective date and time
is certified that this rule, when received on or before March 5, 2018.
will thereafter be continuously published in
promulgated, would not have a the Chart Supplement. ADDRESSES: Submit your comments,
significant economic impact on a * * * * * identified by Docket ID No. EPA–R08–
substantial number of small entities OAR–2017–0753 at https://
under the criteria of the Regulatory Paragraph 6005 Class E Airspace Areas www.regulations.gov. Follow the online
Flexibility Act. Extending Upward From 700 Feet or More instructions for submitting comments.
Above the Surface of the Earth. Once submitted, comments cannot be
Environmental Review * * * * * edited or removed from
This proposal will be subject to an ASW TX E5 Austin, TX [Amended] www.regulations.gov. The EPA may
environmental analysis in accordance Point of Origin publish any comment received to the
with FAA Order 1050.1F, (Lat. 30°17′55″ N, long. 97°42′06″ W) public docket. Do not submit
‘‘Environmental Impacts: Policies and Lakeway Airpark, TX electronically any information you
Procedures’’ prior to any FAA final (Lat. 30°21′27″ N, long. 97°59′40″ W) consider to be Confidential Business
regulatory action. Austin Executive Airport, TX Information (CBI) or other information,
(Lat. 30°23′51″ N, long. 97°33′59″ W) the disclosure of which is restricted by
Lists of Subjects in 14 CFR Part 71 Lago Vista-Rusty Allen Airport, TX statute. Multimedia submissions (audio,
daltland on DSKBBV9HB2PROD with PROPOSALS
Airspace, Incorporation by reference, (30°29′55″ N, long. 97°58′59″ W) video, etc.) must be accompanied by a
Navigation (air). That airspace extending upward from 700 written comment. The written comment
feet above the surface within a 14-mile radius
is considered the official comment and
The Proposed Amendment of the Point of Origin, and within a 6.4-mile
radius of Lakeway Airpark, and within a 6.4- should include discussion of all points
Accordingly, pursuant to the mile radius of Lago Vista-Rusty Allen you wish to make. The EPA will
authority delegated to me, the Federal Airport, and within a 6.3-mile radius of generally not consider comments or
Aviation Administration proposes to Austin Executive Airport, and within 2 miles comment contents located outside of the
amend 14 CFR part 71 as follows: each side of the 131° bearing from Austin primary submission (i.e., on the web,
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![Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules 4617
Dated: January 24, 2018. other file sharing system). For The EPA has addressed the interstate
Debra H. Thomas, additional submission methods, please transport requirements of CAA section
Acting Regional Administrator, Region 8. contact Sherry Fuerst, 214–665–6454, 110(a)(2)(D)(i)(I) with respect to PM2.5 in
[FR Doc. 2018–01853 Filed 1–31–18; 8:45 am] fuerst.sherry@epa.gov. For the full EPA several past regulatory actions. In 2011,
BILLING CODE 6560–50–P public comment policy, information we promulgated the Cross-State Air
about CBI or multimedia submissions, Pollution Rule (CSAPR, 76 FR 48208,
and general guidance on making August 8, 2011) in order to address the
ENVIRONMENTAL PROTECTION effective comments, please visit http:// obligations of states—and of the EPA
AGENCY www2.epa.gov/dockets/commenting- when states have not met their
epa-dockets. obligations—under CAA section
40 CFR Part 52 Docket: The index to the docket for 110(a)(2)(D)(i)(I) to prohibit air pollution
[EPA–R06–OAR–2015–0851; FRL–9973–16– this action is available electronically at contributing significantly to
Region 6] www.regulations.gov and in hard copy nonattainment in, or interfering with
at the EPA Region 6, 1445 Ross Avenue, maintenance by, any other state with
Approval and Promulgation of Suite 700, Dallas, Texas. While all regard to several NAAQS, including the
Implementation Plans; Louisiana; documents in the docket are listed in 1997 annual and 2006 24-hour PM2.5
Interstate Transport Requirements for the index, some information may be NAAQS.1 In that rule, we considered
the 2012 PM2.5 NAAQS publicly available only at the hard copy states linked to downwind receptors if
AGENCY: Environmental Protection location (e.g., copyrighted material), and they were projected to contribute more
Agency (EPA). some may not be publicly available at than the threshold amount (1% of the
either location (e.g., CBI). standard) of PM2.5 pollution for the 1997
ACTION: Proposed rule.
FOR FURTHER INFORMATION CONTACT:
and 2006 PM2.5 NAAQS (76 FR 48208,
SUMMARY: Pursuant to the Federal Clean Sherry Fuerst, 214–665–6454, 48239–43). The EPA has not established
Air Act (CAA or Act), the fuerst.sherry@epa.gov. To inspect the a threshold amount for the 2012 PM2.5
Environmental Protection Agency (EPA) hard copy materials, please schedule an NAAQS. In 2016 we provided an
is proposing to approve portions of the appointment with Ms. Fuerst or Mr. Bill informational memorandum (the memo)
Louisiana State Implementation Plan Deese at 214–665–7253. about the steps states should follow as
(SIP) submittal and a technical they develop and review SIPs that
SUPPLEMENTARY INFORMATION: address this provision of the CAA for
supplement addressing the CAA
requirement that SIPs address the Throughout this document wherever the 2012 PM2.5 NAAQS.2
potential for interstate transport of air ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. B. Louisiana SIP Submittal Pertaining to
pollution to significantly contribute to the 2012 PM2.5 NAAQS and Interstate
nonattainment or interfere with I. Background Transport of Air Pollution
maintenance of the 2012 fine particulate
matter (PM2.5) National Ambient Air A. The PM2.5 NAAQS and Interstate On December 11, 2015, Louisiana
Quality Standards (NAAQS) in other Transport of Air Pollution submitted a SIP revision to address the
states. EPA is proposing to determine Under section 109 of the CAA, we requirements of CAA section 110(a)(1)
that emissions from Louisiana sources establish NAAQS to protect human and (2) including a section to address
do not contribute significantly to health and public welfare. In 2012, we the requirements of CAA section
nonattainment in, or interfere with established a new annual NAAQS for 110(a)(2)(D)(i)(I) for the 2012 PM2.5
maintenance by, any other state with PM2.5 of 12 micrograms per cubic meter NAAQS. The submittal stated that the
regard to the 2012 PM2.5 NAAQS. (mg/m3), (78 FR 3085, January 15, 2013). State had adequate provisions to
DATES: Written comments must be The CAA requires states to submit, prohibit air pollutant emissions from
received on or before March 5, 2018. within three years after promulgation of within the State that significantly
ADDRESSES: Submit your comments, a new or revised standard, SIPs meeting contribute to nonattainment or interfere
identified by Docket Number EPA–R06– the applicable ‘‘infrastructure’’ elements with maintenance of the 2012 PM2.5
OAR–2015–0851, at http:// of sections 110(a)(1) and (2). One of NAAQS stating, ‘‘Air quality modeling
www.regulations.gov or via email to these applicable infrastructure elements, evaluating interstate transport for the
fuerst.sherry@epa.gov. Follow the CAA section 110(a)(2)(D)(i), requires 2006 PM2.5 supported the conclusion
online instructions for submitting SIPs to contain provisions to prohibit that Louisiana did not impact on either
comments. Once submitted, comments certain adverse air quality effects on downwind nonattainment or
cannot be edited or removed from neighboring states due to interstate maintenance receptors. The air quality
Regulations.gov. The EPA may publish transport of pollution. There are four modeling performed for the Transport
any comment received to its public sub-elements within CAA section Rule found that the impact was less
docket. Do not submit electronically any 110(a)(2)(D)(i). This action reviews how than the 1 percent threshold (79 FR
information you consider to be the first two sub-elements, contained in 4436, January 28, 2014). Currently
Confidential Business Information (CBI) CAA section 110(a)(2)(D)(i)(I), were Louisiana is in compliance with the
or other information whose disclosure is addressed in an infrastructure SIP new standard.’’ On July 7, 2017, the
restricted by statute. Multimedia submission from Louisiana for the 2012 State submitted a letter to EPA serving
submissions (audio, video, etc.) must be PM2.5 NAAQS. These sub-elements
daltland on DSKBBV9HB2PROD with PROPOSALS
1 Federal Implementation Plans; Interstate
accompanied by a written comment. require that each SIP for a new or
Transport of Fine Particulate Matter and Ozone and
The written comment is considered the revised NAAQS contain adequate Correction of SIP Approvals, 76 FR 48207 (August
official comment and should include provisions to prohibit any source or 8, 2011) (codified as amended at 40 CFR 52.38 and
discussion of all points you wish to other type of emissions activity in one 52.39 and 40 CFR part 97).
2 Information on the Interstate Transport ‘‘Good
make. The EPA will generally not state that will ‘‘contribute significantly
Neighbor’’ Provision for the 2012 Fine Particulate
consider comments or comment to nonattainment’’ or ‘‘interfere with Matter National Ambient Air Quality Standards
contents located outside of the primary maintenance’’ of the applicable air under Clean Air Act Section 110(a)(2)(D)(i)(I) March
submission (i.e. on the web, cloud, or quality standard in any other state. 17, 2016 from Stephen D. Page.
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Document Created: 2018-10-26 13:48:01
Document Modified: 2018-10-26 13:48:01
| 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 | Written comments must be received on or before March 5, 2018. | |
| Contact | Tim Russ, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6479, or [email protected] | |
| FR Citation | 83 FR 4614 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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