83 FR 49330 - Air Plan Approval; North Carolina; Ozone NAAQS Update
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 190 (October 1, 2018)
Federal Register Volume 83, Issue 190 (October 1, 2018)
| Page Range | 49330-49332 | |
| FR Document | 2018-21328 |
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)] [Proposed Rules] [Pages 49330-49332] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21328] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2018-0531; FRL-9984-83--Region 4] Air Plan Approval; North Carolina; Ozone NAAQS Update 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 the State of North Carolina through the North Carolina Division of Air Quality (NCDAQ) with a letter dated March 21, 2018. The SIP submittal includes changes to the State's air quality rules for ozone to be consistent with the National Ambient Air Quality Standards (NAAQS). EPA is proposing to approve these provisions of the SIP revision because the State has demonstrated that these changes are consistent with the Clean Air Act (CAA or Act) and federal regulations. DATES: Comments must be received on or before October 31, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2018-0531 at https://www.regulations.gov. Follow the online [[Page 49331]] instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9088. Ms. Bell can also be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Sections 108 and 109 of the CAA govern the establishment, review, and revision, as appropriate, of the NAAQS to protect public health and welfare. The CAA requires periodic review of the air quality criteria-- the science upon which the standards are based--and the standards themselves. EPA's regulatory provisions that govern the NAAQS are found at 40 CFR 50--National Primary and Secondary Ambient Air Quality Standards. In this rule, EPA is proposing to approve revisions to the North Carolina air quality rules addressing Rule 15A NCAC 02D .0405, Ozone, in the North Carolina SIP. EPA notes that the cover letter was dated March 21, 2018.\1\ Rule 15A NCAC 02D.0405 is amended by updating air quality standards to reflect the most recent ozone NAAQS as well as making textual modifications in the following manner: Removing 0.075 parts per million (ppm) and replacing it with 0.070 ppm; deleting ``8- hour'' and replacing it with ``eight-hour''; deleting the word ``is'' and replacing it with ``shall be'' and later ``shall be deemed''; and deleting Appendix P, which referenced the 2008 Ozone Standard, and replacing it with Appendix U, which references the 2015 Ozone Standard. The SIP submission amending the North Carolina regulations to incorporate the most recent ozone NAAQS can be found in the docket for this rulemaking at www.regulations.gov and is summarized below. --------------------------------------------------------------------------- \1\ The submittal date is the date of receipt by EPA, which was April 4, 2018. --------------------------------------------------------------------------- II. EPA's Analysis of North Carolina's Submittal On October 26, 2015, EPA promulgated revised 8-hour primary and secondary ozone NAAQS, strengthening both from 0.075 ppm to 0.070 ppm (the 2015 8-hour Ozone NAAQS). See 80 FR 65292. Accordingly, in the March 21, 2018, SIP submission, North Carolina revised Rule 15A NCAC 02D .0405, ``Ozone,'' by updating the State's air quality standard to be consistent with the 2015 8-hour Ozone NAAQS promulgated by EPA in 2015. EPA is proposing to approve this change because it is consistent with the CAA and Federal regulations. III. 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 the NCDAQ Rule 15A NCAC 02D .0405 entitled ``Ozone,'' state effective January 1, 2018, which revises the ozone standard to be consistent with the 2015 ozone NAAQS. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 office (please contact the person identified in the For Further Information Contact section of this preamble for more information). IV. Proposed Action EPA is proposing to approve the State of North Carolina's March 21, 2018, SIP submission identified in sections I and II above, because these changes are consistent with the CAA and federal regulations. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 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. This action merely proposes to approve 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 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). 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by [[Page 49332]] reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 19, 2018. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. [FR Doc. 2018-21328 Filed 9-28-18; 8:45 am] BILLING CODE 6560-50-P
![49330 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules
Species Size Limits
Early-run Chinook salmon Less than 46 inches or 55 2 per day and 2 in possession.
inches and longer.
Late-run Chinook salmon .. 20 inches and longer ....... 2 per day and 2 in possession.
All other salmon ................ 16 inches and longer ....... 6 per day and 6 in possession, of which no more than 4 per day and 4 in possession
may be Coho salmon, except for the Sanctuary Area and Russian River where no
more than 2 per day and 2 in possession may be Coho salmon.
(i) In the Kenai River below Skilak found in paragraph (e)(10)(iii)(D) of this Varden or Arctic char with jigging gear
Lake, fishing is allowed with up to two section. through the ice or rod and reel gear in
baited single or treble hooks June 15 (D) Kenai River and tributaries under open waters. Seasons, areas, harvest and
through August 31. ice jigging and rod and reel; resident possession limits, and methods and
(ii) Annual harvest limits for any species. means for take are the same as for the
combination of early- and late-run (1) For Federally managed waters of taking of these resident species under
Chinook salmon are four for each permit the Kenai River and its tributaries below State of Alaska fishing regulations (5
holder. Skilak Lake outlet at river mile 50, you AAC 56, 5 AAC 57, and 5 AAC 77.540),
(iii) Incidentally caught fish, other may take resident fish species including except for the following harvest and
than salmon, are subject to regulations lake trout, rainbow trout, and Dolly possession limits:
Species Specifications Limits
Lake trout .......................... 20 inches or longer ......... 4 per day and 4 in possession.
Less than 20 inches ........ 15 per day and 15 in possession.
Dolly Varden or Arctic char In flowing waters ............. For fish less than 18 inches, 1 per day and 1 in possession.
In lakes and ponds .......... 2 per day and 2 in possession, of which only one may be 20 inches or longer, may be
harvested daily.
Rainbow or steelhead trout In flowing waters ............. For fish less than 18 inches in length, 1 per day and 1 in possession.
In lakes and ponds .......... 2 per day and 2 in possession, of which only one fish 20 inches or longer may be har-
vested daily.
(2) For Federally managed waters of Dolly Varden or Arctic char with jigging taking of these resident species under
the upper Kenai River and its tributaries gear through the ice or rod and reel gear Alaska fishing regulations (5 AAC 56, 5
above Skilak Lake outlet at river mile in open waters. Seasons, areas, harvest AAC 57, 5 AAC 77.540), except for the
50, you may take resident fish species and possession limits, and methods and following harvest and possession limits:
including lake trout, rainbow trout, and means for take are the same as for the
Species Specifications Limits
Lake trout .......................... 20 inches or longer ......... 4 per day and 4 in possession.
Less than 20 inches ........ 15 per day and 15 in possession.
From Hidden Lake ........... 2 per day and 2 in possession regardless of length.
Dolly Varden or Arctic char In flowing waters ............. For fish less than 16 inches in length, 1 per day and 1 in possession.
In lakes and ponds .......... 2 per day and 2 in possession, of which only one fish 20 inches or longer may be har-
vested daily.
Rainbow or steelhead trout In flowing waters ............. For fish less than 16 inches in length, 1 per day and 1 in possession.
In lakes and ponds .......... 2 per day and 2 in possession, of which only one fish 20 inches or longer may be har-
vested daily.
* * * * * ENVIRONMENTAL PROTECTION Carolina through the North Carolina
Dated: September 25, 2018. AGENCY Division of Air Quality (NCDAQ) with
a letter dated March 21, 2018. The SIP
Thomas C.J. Doolittle, 40 CFR Part 52 submittal includes changes to the State’s
Acting Assistant Regional Director, U.S. Fish air quality rules for ozone to be
and Wildlife Service. [EPA–R04–OAR–2018–0531; FRL–9984– consistent with the National Ambient
Dated: September 25, 2018. 83—Region 4] Air Quality Standards (NAAQS). EPA is
Thomas Whitford, proposing to approve these provisions
Air Plan Approval; North Carolina; of the SIP revision because the State has
Subsistence Program Leader, USDA–Forest Ozone NAAQS Update
Service. demonstrated that these changes are
amozie on DSK3GDR082PROD with PROPOSALS1
[FR Doc. 2018–21218 Filed 9–28–18; 8:45 am] AGENCY: Environmental Protection consistent with the Clean Air Act (CAA
Agency (EPA). or Act) and federal regulations.
BILLING CODE 4333–15–P; 3411–15–P
DATES: Comments must be received on
ACTION: Proposed rule.
or before October 31, 2018.
SUMMARY: The Environmental Protection ADDRESSES: Submit your comments,
Agency (EPA) is proposing to approve a identified by Docket ID No. EPA–R04–
State Implementation Plan (SIP) OAR–2018–0531 at https://
revision submitted by the State of North www.regulations.gov. Follow the online
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![49332 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Proposed Rules
reference, Intergovernmental relations, refrigerant. EPA is also taking comment components. First, section 608(a)
Nitrogen dioxide, Ozone, Reporting and on whether, in connection with the requires EPA to establish standards and
recordkeeping requirements, Volatile proposed changes to the legal requirements regarding the use and
organic compounds. interpretation, the 2016 Rule’s extension disposal of class I and class II
Authority: 42 U.S.C. 7401 et seq. of subpart F refrigerant management substances.1 The second component,
requirements to such substitute section 608(b), requires that the
Dated: September 19, 2018.
refrigerants should be rescinded in full. regulations issued pursuant to
Onis ‘‘Trey’’ Glenn, III, Additionally, EPA is proposing to subsection (a) contain requirements for
Regional Administrator, Region 4. extend by six to twelve months the the safe disposal of class I and class II
[FR Doc. 2018–21328 Filed 9–28–18; 8:45 am] January 1, 2019 compliance date for substances. The third component,
BILLING CODE 6560–50–P when appliances containing only section 608(c), prohibits the knowing
substitute refrigerants subject to the venting, release, or disposal of ODS
venting prohibition must comply with refrigerants 2 and their substitutes 3 in
ENVIRONMENTAL PROTECTION the appliance maintenance and leak the course of maintaining, servicing,
AGENCY repair provisions. repairing, or disposing of appliances or
DATES: Written comments must be industrial process refrigeration (IPR).
40 CFR Part 82
received by November 15, 2018. EPA This third component is also referred to
[EPA–HQ–OAR–2017–0629; FRL–9984–55– will hold a public hearing on or before as the ‘‘venting prohibition’’ in this
OAR] proposal. Section 608(c)(1) includes an
October 16, 2018. The hearing will be
RIN 2060–AT81 held in Washington, DC. More details exemption from this prohibition for
concerning the hearing can be found at ‘‘[d]e minimis releases associated with
Protection of Stratospheric Ozone: www.epa.gov/section608. good faith attempts to recapture and
Revisions to the Refrigerant ADDRESSES: Submit your comments,
recycle or safely dispose’’ of class I or
Management Program’s Extension to identified by Docket ID No. EPA–HQ– class II substances, and section 608(c)(2)
Substitutes OAR–2017–0629, at extends 608(c)(1) to substitute
www.regulations.gov. Follow the online refrigerants. Section 608(c)(2) also
AGENCY: Environmental Protection
instructions for submitting comments. includes a provision that allows the
Agency (EPA).
Once submitted, comments cannot be Administrator to exempt a substitute
ACTION: Proposed rule.
edited or removed from Regulations.gov. refrigerant from the venting prohibition
SUMMARY: The Clean Air Act (CAA) EPA may publish any comment received if he or she determines that such
prohibits knowingly venting or releasing to its public docket. Do not submit venting, release, or disposal of a
ozone-depleting and substitute electronically any information you substitute refrigerant ‘‘does not pose a
refrigerants in the course of consider to be Confidential Business threat to the environment.’’ 4
maintaining, servicing, repairing, or Information (CBI) or other information EPA first issued regulations under
disposing of appliances or industrial whose disclosure is restricted by statute. section 608 of the CAA on May 14, 1993
process refrigeration. On November 18, Multimedia submissions (audio, video, (58 FR 28660, ‘‘1993 Rule’’), to establish
2016, EPA finalized a rule that updated etc.) must be accompanied by a written the national refrigerant management
the existing refrigerant management comment. The written comment is program for ODS refrigerants recovered
requirements and extended considered the official comment and during the service, repair, or disposal of
requirements that previously applied should include discussion of all points air-conditioning and refrigeration
only to refrigerants containing an ozone- you wish to make. EPA will generally appliances. These regulations were
depleting substance (ODS) to substitute not consider comments or comment intended to substantially reduce the use
refrigerants such as hydrofluorocarbons contents located outside of the primary and emissions of refrigerants that are
that are subject to the venting submission (e.g., on the web, cloud, or ODS.
prohibition (i.e., those that have not other file sharing system). For
been exempted from that prohibition). additional submission methods, the full 1 A class I or class II substance refers to an ozone-
The Agency is revisiting the aspects of EPA public comment policy, depleting substance listed at 40 CFR part 82 subpart
the 2016 Rule that apply to equipment A, appendix A or appendix B, respectively. This
information about CBI or multimedia proposal refers to class I and class II substances
containing such substitute refrigerants. submissions, and general guidance on collectively as ozone-depleting substances, or ODS.
This action proposes changes to the making effective comments, please visit 2 The term ‘‘ODS refrigerant’’ as used in this
legal interpretation that supported that www.epa.gov/dockets/commenting-epa- proposal refers to any refrigerant or refrigerant
rule and amendments to the regulations blend in which one or more of the components is
dockets. a class I or class II substance.
based on the revised interpretation.
FOR FURTHER INFORMATION CONTACT: 3 The term ‘‘substitute’’ is defined at 40 CFR
More specifically, in connection with 82.152. In the context of the subpart F regulations,
the proposed changes to the legal Jeremy Arling by regular mail: U.S.
any refrigerant or refrigerant blend in which none
interpretation, EPA is proposing to Environmental Protection Agency, of the components is a class I or class II substance
revise the appliance maintenance and Stratospheric Protection Division is treated as a substitute, while any refrigerant or
leak repair provisions so they apply (6205T), 1200 Pennsylvania Avenue refrigerant blend in which one or more the
NW, Washington, DC 20460; by components is a class I or class II substance is
only to equipment using refrigerant regulated as an ODS refrigerant.
containing a class I or class II substance. telephone: (202) 343–9055; or by email: 4 EPA is using the term ‘‘non-exempt substitute’’
amozie on DSK3GDR082PROD with PROPOSALS1
Based on this proposed limitation of the arling.jeremy@epa.gov. in this document to refer to substitute refrigerants
that have not been exempted from the venting
leak repair requirements, this document I. General Information prohibition under CAA section 608(c)(2) and 40
further proposes to revise the list of CFR 82.154(a) in the relevant end-use. Similarly,
practices that must be followed in order A. What is the National Recycling and the term ‘‘exempt substitute’’ refers to a substitute
for refrigerant releases to be considered Emission Reduction Program? refrigerant that has been exempted from the venting
prohibition under section 608(c)(2) and § 82.154(a)
de minimis to clarify that the reference Section 608 of the CAA, titled in the relevant end-use. A few exempt substitutes
to following leak repair practices only ‘‘National Recycling and Emissions have been exempted from the venting prohibition
applies to equipment that contains ODS Reduction Program,’’ has three main in all end-uses.
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Document Created: 2018-09-29 04:26:04
Document Modified: 2018-09-29 04:26:04
| 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 October 31, 2018. | |
| Contact | Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9088. Ms. Bell can also be reached via electronic mail at [email protected] | |
| FR Citation | 83 FR 49330 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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