83 FR 50556 - Air Quality Designation; Illinois; Indiana; Revised Designation of Illinois and Indiana 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 195 (October 9, 2018)
Federal Register Volume 83, Issue 195 (October 9, 2018)
| Page Range | 50556-50560 | |
| FR Document | 2018-21878 |
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)] [Proposed Rules] [Pages 50556-50560] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21878] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-R05-OAR-2018-0368; EPA-R05-OAR-2018-0556; FRL-9985-10-Region 5] Air Quality Designation; Illinois; Indiana; Revised Designation of Illinois and Indiana 2012 PM2.5 Unclassifiable Areas AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve Illinois' May 8, 2018 request to revise the designation for the entire state of Illinois from unclassifiable to unclassifiable/ attainment and Indiana's July 3, 2018 request to revise the designation for the Indiana portions of the Chicago IL-IN and Louisville KY-IN (herein referred to as Chicago and Louisville) areas from unclassifiable to unclassifiable/attainment for the 2012 primary and secondary annual fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS). EPA is proposing to approve these requests because valid, quality-assured, and certified ambient air monitoring data show that the PM2.5 monitors in the areas are meeting the 2012 primary and secondary annual PM2.5 NAAQS. This includes data from monitors in Illinois where data substitution rules have been applied consistent with applicable regulations. DATES: Comments must be received on or before November 8, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2018-0368 (Illinois) or EPA-R05-OAR-2018-0556 (Indiana) at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. [[Page 50557]] on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Michelle Becker, Life Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3901, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. What are the criteria for redesignating an area from unclassifiable to unclassifiable/attainment? III. What is EPA's rationale for proposing to revise the designation areas? IV. What action is EPA taking? V. Statutory and Executive Order Reviews I. Background The Clean Air Act (CAA) establishes a process for air quality management through the establishment and implementation of the NAAQS. After the promulgation of a new or revised NAAQS, EPA is required to designate areas, pursuant to section 107(d)(1) of the CAA, as attainment, nonattainment, or unclassifiable. On December 14, 2012, EPA promulgated a revised primary annual PM2.5 NAAQS to provide increased protection of public health from fine particle pollution (78 FR 3086, January 15, 2013). In that action, EPA revised the primary annual PM2.5 standard from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\, which is attained when the 3-year average of the annual arithmetic mean concentration does not exceed 12.0 [mu]g/m\3\. See also 40 CFR 50.18. EPA established the standards based on significant evidence and numerous health studies demonstrating that serious health effects are associated with exposures to fine particulate matter. The process for designating areas following promulgation of a new or revised NAAQS is contained in section 107(d)(1) of the CAA. On January 15, 2015 (80 FR 2206) and April 7, 2015 (80 FR 18535), EPA designated areas across the country as nonattainment, unclassifiable, or unclassifiable/attainment for the PM2.5 NAAQS based upon air quality monitoring data from monitors for calendar years 2011-2013 or 2012-2014. In the first action referenced above, EPA designated the entire state of Illinois, including the multi-state areas of Chicago, IL-IN and St. Louis, MO-IL (herein referred to as St. Louis), as unclassifiable because the ambient air quality monitoring sites lacked complete data for the relevant periods, which were from 2011-2013. Therefore, EPA could not determine, based on available information, whether those areas were meeting the 2012 PM2.5 NAAQS. EPA also designated the Louisville area as nonattainment, based on monitoring data for Clark and Floyd counties for 2011-2013 showing that a monitor in Clark County had a design value above the standard. On April 7, 2015 (80 FR 18535), EPA changed the Louisville area initial designation from nonattainment to unclassifiable. Although Indiana submitted complete, quality-assured and certified 2014 data from the Clark County monitor showing it was attaining the NAAQS, EPA noted that an air quality determination was not possible due to invalid monitoring data for neighboring Jefferson County, Kentucky. On May 8, 2018, Illinois submitted to EPA a request to ``redesignate'' the State of Illinois, including the St. Louis area, from unclassifiable to unclassifiable/attainment based on three years of quality-assured, certified ambient air monitoring data for the three-year period of 2015-2017. On July 3, 2018, Indiana submitted to EPA a request to ``redesignate'' the Louisville and Chicago areas from unclassifiable to unclassifiable/attainment based on three years of quality-assured, certified ambient air monitoring data for the three-year period of 2015-2017. II. What are the criteria for revising a designation an area from unclassifiable to unclassifiable/attainment? Section 107(d)(3) of the CAA provides the framework for changing the area designations for any NAAQS pollutants. Section 107(d)(3)(A) provides that the Administrator may notify the Governor of any state that the designation of an area should be revised ``on the basis of air quality data, planning and control considerations, or any other air quality-related considerations the Administrator deems appropriate.'' The CAA further provides in section 107(d)(3)(D) that even if the Administrator has not notified a state Governor that a designation should be revised, the Governor of any state may, on the Governor's own motion, submit a request to revise the designation of any area, and the Administrator must approve or deny the request. When approving or denying a request to redesignate an area, EPA bases its decision on the air quality data for the area as well as the considerations provided under section 107(d)(3)(A). While CAA section 107(d)(3)(E) lists specific requirements for redesignations, those requirements only apply to redesignations of nonattainment areas to attainment and therefore are not applicable in this context of a revised designation of an area from unclassifiable to unclassifiable/ attainment. In keeping with section 107(d)(3)(A), areas that request a revised designation to unclassifiable/attainment must meet the requirements for attainment areas and thus must meet the relevant NAAQS. The relevant monitoring data must be collected and quality- assured in accordance with 40 CFR part 58 and recorded in the EPA Air Quality System (AQS) database. The designated monitors generally should have remained at the same location for the duration of the monitoring period upon which the revised designation request is based.\1\ --------------------------------------------------------------------------- \1\ See Memorandum from John Calcagni, Director, EPA Air Quality Management Division, entitled ``Procedures for Processing Requests to Redesignate Areas to Attainment'' (September 4, 1992). --------------------------------------------------------------------------- Additionally, appendix N of 40 CFR part 50 specifies the data handling conventions and computations necessary for determining when the NAAQS for PM2.5 are met. Appendix N contains data substitution tests, which allow incomplete monitoring data to be considered valid in certain instances prescribed by the rules. Appendix N also provides that, when the data substitution test conditions do not apply, EPA may consider other factors, such as monitoring site closures/moves, monitoring diligence, the consistency and levels of the daily values that are available, and nearby concentrations in determining whether to use such data. See 4.1(d) of appendix N. III. What is EPA's rationale for proposing to revise the designation areas? In order to revise the designation of an area from unclassifiable to unclassifiable/attainment for the 2012 primary and secondary annual PM2.5 NAAQS, the 3-year average of annual arithmetic mean concentrations (i.e., design value) over the most recent 3-year period must be less than or equal to 12.0 [micro]g/m\3\ at all monitoring sites in [[Page 50558]] the area over the full 3-year period, as determined in accordance with 40 CFR 50.18 and appendix N of part 50. EPA reviewed PM2.5 monitoring data from monitoring stations in the state of Illinois as well as the multi-state areas of St. Louis, Chicago, and Louisville for the 2012 primary and secondary annual PM2.5 NAAQS for the 3- year period of 2015-2017. These data have been quality-assured, certified, and recorded in AQS by Illinois, Indiana, Kentucky, and Missouri. As summarized in Tables 1-4, the design values for the monitors in the areas for the 2015-2017 period are below the 2012 primary and secondary annual PM2.5 NAAQS. Table 1--2012 Annual PM2.5 Design Values for Monitors in the Chicago, IL- IN Area for 2015-2017 ------------------------------------------------------------------------ 2015-2017 Local site name Monitoring design value site ([mu]g/m\3\) ------------------------------------------------------------------------ Alsip................................... 17-031-0001 9.5 Washington High School.................. 17-031-0022 9.3 Mayfair Pump Station.................... 17-031-0052 9.1 Springfield Pump Station................ 17-031-0057 10.2 Com Ed.................................. 17-031-0076 9.5 Schiller Park........................... 17-031-3103 10.5 Summit.................................. 17-031-3301 9.7 Des Plaines............................. 17-031-4007 9.4 Northbrook.............................. 17-031-4201 8.4 Cicero.................................. 17-031-6005 10.0 Naperville.............................. 17-043-4002 8.3 Elgin................................... 17-089-0003 8.3 Aurora.................................. 17-089-0007 8.3 Cary.................................... 17-111-0001 \+\ 8.2 Joliet.................................. 17-197-1002 7.9 Braidwood............................... 17-197-1011 7.9 Washington School....................... 18-089-0006 9.3 Gary Water *............................ 18-089-0031 9.2 Purdue Calumet Powers Building *........ 18-089-2004 8.7 Water Treatment Plant *................. 18-127-0024 8.3 ------------------------------------------------------------------------ * Indiana monitor. + Data incomplete. Table 2--2012 Annual PM2.5 Design Values for St. Louis, MO-IL Monitors for 2015-2017 ------------------------------------------------------------------------ 2015-2017 Local site name Monitoring design value site ([mu]g/m\3\) ------------------------------------------------------------------------ Jerseyville............................. 17-083-0117 \+\ 8.8 Granite City............................ 17-119-1007 9.7 Alton................................... 17-119-2009 8.8 Wood River.............................. 17-119-3007 8.7 Houston................................. 17-157-0001 8.5 East St. Louis.......................... 17-163-0010 9.8 Blair Street *.......................... 29-510-0085 8.8 South Broadway *........................ 29-510-0007 8.7 Arnold West *........................... 29-099-0019 9.3 Ladue *................................. 29-189-3001 9.4 Forest Park *........................... 29-510-0094 8.5 ------------------------------------------------------------------------ * Missouri Monitor. + Data incomplete. Table 3--2012 Annual PM2.5 Design Values for Monitors in Remaining Illinois Areas for 2015-2017 ------------------------------------------------------------------------ 2015-2017 Local site name Monitoring design value site ([mu]g/m\3\) ------------------------------------------------------------------------ Champaign............................... 17-019-0006 7.9 Bondville............................... 17-019-1001 7.8 Knight Prairie.......................... 17-065-0002 8.2 Normal.................................. 17-113-2003 8.0 Decatur................................. 17-115-0013 8.4 Peoria.................................. 17-143-0037 8.2 Rock Island............................. 17-161-3002 8.1 Springfield............................. 17-167-0012 8.2 Rockford................................ 17-201-0013 8.3 ------------------------------------------------------------------------ [[Page 50559]] Table 4--2012 Annual PM2.5 Design Values for Monitors in the Louisville Area for 2015-2017 ------------------------------------------------------------------------ 2015-2017 Local site name Monitoring design value site ([mu]g/m \3\) ------------------------------------------------------------------------ Jefferson PFAU *........................ 18-019-0006 9.6 Charlestown State Park *................ 18-019-0008 8.0 Green Valley Elementary School *........ 18-043-1004 8.5 Southwick............................... 21-111-0043 9.7 Watson Lane............................. 21-111-0051 9.2 Cannons Lane............................ 21-111-0067 8.6 Durrett Lane............................ 21-111-0075 9.4 ------------------------------------------------------------------------ * Indiana monitors. There are two groups of monitoring sites with incomplete data and for which data substitution rules were applied under appendix N of 40 CFR part 50. First, Illinois had eight monitoring sites with a data capture rate below 75 percent during at least one quarter, but had valid PM2.5 annual design values after applicable data substitution test conditions were applied consistent with section 4.1(c) of appendix N under 40 CFR part 50. These substitution rules were automatically applied in the EPA AQS database, and the data from these monitors all meet the 2012 PM2.5 NAAQS.\2\ --------------------------------------------------------------------------- \2\ AQS contains ambient air pollution data collected by EPA, state, local, and tribal air pollution control agencies from over thousands of monitors and is used to assess air quality, assist in attainment/non-attainment designations, evaluate SIPs for non- attainment areas, and perform modeling for permit review analysis. --------------------------------------------------------------------------- Second, Illinois had two monitoring sites, Cary (17-111-0001) and Jerseyville (17-183-0117), that had at least one calendar quarter of data capture below 75 percent and did not meet the substitution test conditions under section 4.1(c) of appendix N. Because the substitution test conditions were not applicable, EPA considered other factors under section 4.1(d) of appendix N, such as monitoring site closures/moves, the consistency of daily levels, and nearby concentrations in determining whether the data from the monitors was valid. In addition, EPA performed a substitution test similar to the test methods specified in 4.1(c). Based on consideration of these factors, EPA determined that the data from these monitors could be used and the data showed that the areas were meeting the PM2.5 NAAQS, as described in the tables above. For more information regarding EPA's analyses, see the Technical Support Document titled ``Evaluation of IL Monitors without valid 2017 PM2.5 Design Values'' (July 2, 2018). Because the 3-year design values, based on valid, quality-assured data, demonstrate that the areas meet the 2012 primary and secondary annual PM2.5 standards, EPA is proposing to revise the designations of the entire state of Illinois, and the Indiana portions of the Chicago and Louisville areas from unclassifiable to unclassifiable/attainment for this NAAQS. IV. What action is EPA taking? EPA is proposing to approve Illinois' May 8, 2018 request to revise the designation of the entire state from unclassifiable to unclassifiable/attainment as well as Indiana's July 3, 2018 request to revise the designation of the Indiana portions of the Louisville and Chicago areas for the 2012 primary and secondary annual PM2.5 NAAQS. If finalized, approval of the revised designations requests would change the legal designation, found at 40 CFR part 81, for the state of Illinois and the Indiana counties of Lake, Porter, Clark, and Floyd from unclassifiable to unclassifiable/ attainment for the 2012 primary and secondary annual PM2.5 NAAQS. 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 CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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). 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). [[Page 50560]] List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, Particulate matter. Dated: September 25, 2018. James Payne, Acting Regional Administrator, Region 5. [FR Doc. 2018-21878 Filed 10-5-18; 8:45 am] BILLING CODE 6560-50-P
![50556 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
designated as nonattainment for the • Does not contain any unfunded ENVIRONMENTAL PROTECTION
1997 8-hour ozone NAAQS on April 6, mandate or significantly or uniquely AGENCY
2015. affect small governments, as described
Attainment status designations for in the Unfunded Mandates Reform Act 40 CFR Part 81
Illinois are found at 40 CFR 81.314. of 1995 (Pub. L. 104–4); [EPA–R05–OAR–2018–0368; EPA–R05–
With respect to the 1997 8-hour ozone • Does not have Federalism OAR–2018–0556; FRL–9985–10–Region 5]
NAAQS, all areas in Illinois attained the implications as specified in Executive
1997 8-hour ozone NAAQS prior to Air Quality Designation; Illinois;
Order 13132 (64 FR 43255, August 10, Indiana; Revised Designation of Illinois
April 6, 2015. See 77 FR 25363 (April
1999); and Indiana 2012 PM2.5 Unclassifiable
30, 2012) and 77 FR 48062 (August 13,
2012). Since all areas in Illinois were • Is not an economically significant Areas
designated as attainment or regulatory action based on health or
AGENCY: Environmental Protection
unclassifiable/attainment on April 6, safety risks subject to Executive Order
Agency (EPA).
2015 for the 1997 8-hour ozone NAAQS, 13045 (62 FR 19885, April 23, 1997);
ACTION: Proposed rule.
the anti-backsliding requirements of 40 • Is not a significant regulatory action
CFR 51.165(a)(12) do not apply for the subject to Executive Order 13211 (66 FR SUMMARY: The Environmental Protection
2008 8-hour ozone NAAQS. 28355, May 22, 2001); Agency (EPA) is proposing to approve
Accordingly, Illinois’ approved SIP does Illinois’ May 8, 2018 request to revise
not contain the anti-backsliding • Is not subject to requirements of the designation for the entire state of
provisions set forth in 40 CFR Section 12(d) of the National Illinois from unclassifiable to
51.165(a)(12). Technology Transfer and Advancement unclassifiable/attainment and Indiana’s
Act of 1995 (15 U.S.C. 272 note) because July 3, 2018 request to revise the
IV. Proposed Action application of those requirements would designation for the Indiana portions of
EPA is proposing to approve Illinois’ be inconsistent with the CAA; and the Chicago IL-IN and Louisville KY-IN
May 23, 2018 SIP revision addressing • Does not provide EPA with the (herein referred to as Chicago and
the NNSR requirements for the 2008 discretionary authority to address, as Louisville) areas from unclassifiable to
ozone NAAQS for the Chicago appropriate, disproportionate human unclassifiable/attainment for the 2012
Nonattainment Area. EPA has health or environmental effects, using primary and secondary annual fine
concluded that Illinois’ submission practicable and legally permissible particulate matter (PM2.5) National
fulfills the 40 CFR 51.1114 revision methods, under Executive Order 12898 Ambient Air Quality Standards
requirement, meets the requirements of (NAAQS). EPA is proposing to approve
(59 FR 7629, February 16, 1994).
CAA sections 110 and 172 and the these requests because valid, quality-
minimum SIP requirements of 40 CFR The proposed rule approving Illinois’ assured, and certified ambient air
51.165, as well as its obligations under 2008 8-hour ozone NAAQS NNSR SIP monitoring data show that the PM2.5
EPA’s February 3 and December 11, revision is not approved to apply on any monitors in the areas are meeting the
2017 findings. Indian reservation land or in any other 2012 primary and secondary annual
area where EPA or an Indian tribe has PM2.5 NAAQS. This includes data from
V. Statutory and Executive Order monitors in Illinois where data
demonstrated that a tribe has
Reviews substitution rules have been applied
jurisdiction. In those areas of Indian
Under the CAA, the Administrator is country, the rule does not have tribal consistent with applicable regulations.
required to approve a SIP submission implications and will not impose DATES: Comments must be received on
that complies with the provisions of the substantial direct costs on tribal or before November 8, 2018.
CAA and applicable Federal regulations. governments or preempt tribal law as ADDRESSES: Submit your comments,
42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 identified by Docket ID No. EPA–R05–
Thus, in reviewing SIP submissions, FR 67249, November 9, 2000). OAR–2018–0368 (Illinois) or EPA–R05–
EPA’s role is to approve state choices, OAR–2018–0556 (Indiana) at http://
provided that they meet the criteria of List of Subjects in 40 CFR Part 52 www.regulations.gov, or via email to
the CAA. Accordingly, this action aburano.douglass@epa.gov. For
merely approves state law as meeting Environmental protection, Air
comments submitted at Regulations.gov,
Federal requirements and does not pollution control, Carbon monoxide,
follow the online instructions for
impose additional requirements beyond Incorporation by reference,
submitting comments. Once submitted,
those imposed by state law. For that Intergovernmental relations, Nitrogen comments cannot be edited or removed
reason, this action: dioxide, Ozone, Particulate matter, from Regulations.gov. For either manner
• Is not a significant regulatory action Reporting and recordkeeping of submission, EPA may publish any
subject to review by the Office of requirements, Sulfur oxides, Volatile comment received to its public docket.
Management and Budget under organic compounds. Do not submit electronically any
Executive Orders 12866 (58 FR 51735, Dated: September 25, 2018. information you consider to be
October 4, 1993) and 13563 (76 FR 3821, James Payne, Confidential Business Information (CBI)
January 21, 2011); or other information whose disclosure is
Acting Regional Administrator, Region 5.
• Does not impose an information restricted by statute. Multimedia
amozie on DSK3GDR082PROD with PROPOSALS1
[FR Doc. 2018–21877 Filed 10–5–18; 8:45 am]
collection burden under the provisions submissions (audio, video, etc.) must be
of the Paperwork Reduction Act (44 BILLING CODE 6560–50–P accompanied by a written comment.
U.S.C. 3501 et seq.); The written comment is considered the
• Is certified as not having a official comment and should include
significant economic impact on a discussion of all points you wish to
substantial number of small entities make. EPA will generally not consider
under the Regulatory Flexibility Act (5 comments or comment contents located
U.S.C. 601 et seq.); outside of the primary submission (i.e.
VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\09OCP1.SGM 09OCP1](https://thefederalregister.org/doc/83_FR_50751/page/1.svg)
![50560 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
List of Subjects in 40 CFR Part 81 the left side of the screen, under the predation, the inadequacy of existing
Environmental protection, Air Document Type heading, click on the regulatory mechanisms, or other natural
pollution control, Particulate matter. Proposed Rule box to locate this or manmade factors on both the nesting
document. You may submit a comment and foraging grounds and migratory
Dated: September 25, 2018. by clicking on ‘‘Comment Now!’’ routes, including:
James Payne, (2) By hard copy: Submit by U.S. mail (a) Impacts to prey species;
Acting Regional Administrator, Region 5. or hand-delivery to: Public Comments (b) Predicted changes in the Gulf
[FR Doc. 2018–21878 Filed 10–5–18; 8:45 am] Processing, Attn: FWS–R4–ES–2018– Stream current due to climate change;
BILLING CODE 6560–50–P 0043; U.S. Fish and Wildlife Service, (c) Impacts from offshore and coastal
MS: BPHC, 5275 Leesburg Pike, Falls lighting;
Church, VA 22041–3803. (d) Impacts from offshore oil and gas
DEPARTMENT OF THE INTERIOR We request that you send comments exploration, development, production,
only by the methods described above. and operations; and
Fish and Wildlife Service We will post all comments on http:// (e) Impacts from offshore wind energy
www.regulations.gov. This generally operations.
50 CFR Part 17 means that we will post any personal (3) Biological, commercial trade, or
information you provide us (see other relevant data concerning any
[Docket No. FWS–R4–ES–2018–0043; threats (or lack thereof) to this species
4500030113] Information Requested, below, for more
information). and existing regulations that may be
RIN 1018–BD13 addressing those threats.
FOR FURTHER INFORMATION CONTACT: (4) Additional information concerning
Endangered and Threatened Wildlife Edwin Muñiz, Field Supervisor, U.S. the historical and current status, range,
and Plants; Threatened Species Status Fish and Wildlife Service, Caribbean distribution, and population size of this
for Black-Capped Petrel With a Section Ecological Services Field Office, P.O. species, including confirmed locations
4(d) Rule Box 491, Road 301 Km 5.1, Boquerón, of any additional populations of this
PR; telephone 787–851–7297. Persons species.
AGENCY: Fish and Wildlife Service, who use a telecommunications device (5) Information on nesting sites on the
Interior. for the deaf (TDD) may call the Federal islands of Cuba or Dominica, or other
ACTION: Proposed rule. Relay Service at 800–877–8339. Caribbean islands.
SUPPLEMENTARY INFORMATION: (6) Information concerning activities
SUMMARY: We, the U.S. Fish and
that should be considered under a rule
Wildlife Service (Service), propose to Information Requested
issued in accordance with section 4(d)
list the black-capped petrel (Pterodroma We intend that any final action of the Act (16 U.S.C. 1531 et seq.) as a
hasitata), a pelagic seabird species that resulting from this proposed rule will be prohibition or exemption within U.S.
nests on the island of Hispaniola and based on the best scientific and territory that would contribute to the
forages off the coast of the eastern commercial data available and be as conservation of the species.
United States, as a threatened species accurate and as effective as possible. (7) The reasons why we should or
under the Endangered Species Act of Therefore, we request comments or should not designate habitat as ‘‘critical
1973, as amended (Act). If we finalize information from other concerned habitat’’ under section 4 of the Act,
this rule as proposed, it would extend governmental agencies, Native including whether there are threats to
the Act’s protections to this species. We American tribes, the scientific the species from human activity, the
are also proposing a rule issued under community, industry, or any other degree of which can be expected to
section 4(d) of the Act to provide for the interested parties concerning this increase due to the designation, and
conservation of this species. We have proposed rule. Because we will consider whether a designation could increase
determined that designation of critical all comments and information we threats to the species such that the
habitat for the black-capped petrel is not receive during the comment period, our designation of critical habitat may not
prudent at this time, but are seeking final determination may differ from this be prudent. We specifically request
public comment on that determination. proposal. We particularly seek information on foraging habitat for the
DATES: We will accept comments comments concerning: petrel, the only habitat located within
received or postmarked on or before (1) The black-capped petrel’s biology, U.S. jurisdiction, and its relationship to
December 10, 2018. Comments range, and population trends, including: the biological needs of the species, to
submitted electronically using the (a) Biological or ecological help us determine whether such habitat
Federal eRulemaking Portal (see requirements of the species, including meets the definition of critical habitat
ADDRESSES, below) must be received by habitat requirements for feeding, under the Act.
11:59 p.m. Eastern Time on the closing breeding, and sheltering that apply to You may submit your comments and
date. We must receive requests for both the foraging and nesting areas; materials concerning this proposed rule
public hearings, in writing, at the (b) Genetics and taxonomy; by one of the methods listed in
address shown in FOR FURTHER (c) Historical and current range, ADDRESSES. We request that you send
INFORMATION CONTACT by November 23, including distribution patterns; comments only by the methods
2018. (d) Historical and current population described in ADDRESSES.
ADDRESSES: You may submit comments levels, and current and projected trends; Please include sufficient information
amozie on DSK3GDR082PROD with PROPOSALS1
by one of the following methods: and with your submission (such as scientific
(1) Electronically: Go to the Federal (e) Past and ongoing conservation journal articles or other publications) to
eRulemaking Portal: http:// measures for the species, its habitat, or allow us to verify any scientific or
www.regulations.gov. In the Search box, both. commercial information you include.
enter FWS–R4–ES–2018–0043, which is (2) Factors that may affect the All comments submitted electronically
the docket number for this rulemaking. continued existence of the species, via http://www.regulations.gov will be
Then, click on the Search button. On the which may include habitat modification presented on the website in their
resulting page, in the Search panel on or destruction, overutilization, disease, entirety as submitted. For comments
VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\09OCP1.SGM 09OCP1](https://thefederalregister.org/doc/83_FR_50751/page/5.svg)
Document Created: 2018-10-06 00:59:23
Document Modified: 2018-10-06 00:59:23
| 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 November 8, 2018. | |
| Contact | Michelle Becker, Life Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-3901, [email protected] | |
| FR Citation | 83 FR 50556 | |
| CFR Associated | Environmental Protection; Air Pollution Control and Particulate Matter |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR