83 FR 5537 - Air Plan Approval; OR, Oakridge; PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 27 (February 8, 2018)
Federal Register Volume 83, Issue 27 (February 8, 2018)
| Page Range | 5537-5540 | |
| FR Document | 2018-02465 |
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)] [Rules and Regulations] [Pages 5537-5540] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02465] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2017-0051; FRL-9974-16-Region 10] Air Plan Approval; OR, Oakridge; PM2.5 Moderate Plan, Finding of Attainment and Clean Data Determination AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing a finding of attainment by the attainment date and a clean data determination (CDD) for the Oakridge-Westfir (Oakridge), Oregon fine particulate matter nonattainment area (Oakridge NAA). The finding is based upon quality-assured, quality-controlled, and certified ambient air monitoring data showing the area has monitored attainment of the 2006 24-hour fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS) based on 2014-2016 data available in the EPA's Air Quality System (AQS) database. This determination will not constitute a redesignation to attainment. The EPA is also finalizing approval of the revisions to Oregon's State Implementation Plan (SIP) consisting of the updated Oakridge- Westfir PM2.5 Attainment Plan (Oakridge Update) submitted by the Oregon Department of Environmental Quality (ODEQ) on January 20, 2017. The purpose of the Oakridge Update, developed by Lane Regional Air Protection Agency (LRAPA) in coordination with the ODEQ, is to provide an attainment demonstration of the 2006 24-hour PM2.5 NAAQS and correct deficiencies in the 2012 Oakridge Attainment Plan. DATES: This final rule is effective March 12, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2017-0051. 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 the disclosure of which 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 either electronically through https://www.regulations.gov or in hard copy at the Air Planning Unit, Office of Air and Waste, EPA Region 10, 1200 Sixth Avenue, Seattle, WA, 98101. The EPA requests that, if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Christi Duboiski at (360) 753-9081, duboiski.christi@epa.gov or by using the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to the EPA. Table of Contents I. Background Information II. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews [[Page 5538]] I. Background Information On October 21, 2016, the Environmental Protection Agency (EPA) finalized a partial approval and partial disapproval of the 2012 Oakridge Attainment Plan (81 FR 72714) which started a sanction clock for the imposition of offset sanctions and highway sanctions, 18 months and 24 months respectively, after the November 21, 2016 effective date, pursuant to section 179(a) of the Clean Air Act (CAA) and our regulations at 40 CFR 52.31. In addition to sanctions, the EPA is required to promulgate a Federal Implementation Plan (FIP) no later than two years from the date of the finding if the deficiency has not been corrected within that time period. On January 20, 2017, Oregon Department of Environmental Quality (ODEQ) submitted the Oakridge Update to correct the deficiencies identified in the 2012 Oakridge Attainment Plan. On November 14, 2017, (82 FR 52683) the EPA proposed to approve the finding of attainment by the attainment date, the clean data determination (CDD) for the Oakridge-Westfir (Oakridge), Oregon fine particulate matter nonattainment area (Oakridge NAA), and the Oregon's State Implementation Plan (SIP) consisting of the updated Oakridge-Westfir PM2.5 Attainment Plan (Oakridge Update), which provided an attainment demonstration of the 2006 24-hour fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS). An explanation of the CAA attainment planning requirements, a detailed analysis of the submittal, and the EPA's reasons for proposing approval were provided in the notice of proposed rulemaking, and will not be restated here. The EPA believes the Oakridge Update corrects the deficiencies identified in our October 21, 2016, partial approval and partial disapproval action. Therefore, we are taking final action to make an attainment finding and approve the Oakridge Update as discussed in our notice of proposed rulemaking, and all sanctions and sanction clocks related to the 2012 Oakridge Attainment Plan, partial approval and partial disapproval action will be permanently terminated on the effective date of this final approval. The public comment period for the proposed rule ended on December 14, 2017. The EPA received no comments on the proposal. Neither the finding of attainment by the attainment date nor CDD is equivalent to the redesignation of the area to attainment. This action does not constitute a redesignation to attainment under section 107(d)(3)(E) of the CAA, because the state must have an approved maintenance plan for the area as required under section 175A of the CAA, and a determination that the area has met the other requirements for redesignation in order to be redesignated to attainment. The designation status of the area will remain nonattainment for the 2006 PM2.5 NAAQS until such time as the EPA determines that the area meets the CAA requirements for redesignation to attainment in CAA section 107(d)(3)(E). II. Final Action The EPA is finalizing approval of the following items:The determination that the Oakridge area attained the 2006 24-hour PM 2.5 NAAQS by the December 31, 2016 attainment date as demonstrated by quality-assured and quality-controlled 2014-2016 ambient air monitoring data.The Oakridge NAA achieved a clean data determination (CDD) in accordance with the EPA's clean data policy. The Oakridge Update as meeting the requirements of section 110(k) of the CAA. Specifically, the EPA has determined the Oakridge Update meets the substantive statutory and regulatory requirements for base year and projected emissions inventories for the nonattainment area, and an attainment demonstration with modeling analysis and imposition of RACM/RACT level emission controls, RFP plan, QMs, and contingency measures.\1\ The EPA is also approving a comprehensive precursor demonstration for VOCs, SO 2 , NOX , and NH3 and the 2015 MVEB of 22.2 lb/day for direct PM2.5 . The EPA believes approval of these SIP elements corrects deficiencies identified in our October 21, 2016 partial approval and partial disapproval action that initiated sanctions clocks (81 FR 72714). All sanctions and sanction clocks related to the partial disapproval of the 2012 Oakridge Attainment Plan will be permanently terminated on the effective date of the final approval of this action. --------------------------------------------------------------------------- \1\ It is important to note, the 2016 Oakridge Update includes the complete 2012 Oakridge Attainment Plan which was previously partially approved, partially disapproved (81 FR 72714). In this action, the EPA is taking no action on the following elements of 2012 Oakridge Attainment Plan included in Appendix 3 of the 2016 Oakridge Update; the 2012 Oakridge PM2.5 Attainment Plan and associated appendices F1, F6 and K. These elements are considered informational elements, not essential for making decisions on the 2016 Oakridge Update. On February 24, 2016, ODEQ withdrew appendices F2 and F3 from the Oakridge PM2.5 Attainment Plan submittal and clarified that they were provided for informational purposes only. ---------------------------------------------------------------------------The EPA is approving, and incorporating by reference, the following sections in the City of Oakridge Ordinance 920: Section 1 Definitions; Section 2(1) Curtailment; Section 2(2) Prohibited materials; Section 3 Solid Fuel Burning Devices Upon Sale of the Property; Section 4 Solid Fuel Burning Devices Prohibited; Section 5 Solid Fuel Burning Devices Exemptions; Section 7 Contingency Measures. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region 10 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the State implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\2\ --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. 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. 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 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 [[Page 5539]] 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 the 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 the 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 it 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 9, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: January 25, 2018. Chris Hladick, Regional Administrator, Region 10. For the reasons stated in the preamble, 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart MM--Oregon 0 2. Section 52.1970 is amended: 0 a. In paragraph (c), ``Table 3-EPA Approved City and County Ordinances'' by adding an entry ``City of Oakridge Ordinance No. 920'' at the end of the table; and 0 b. In paragraph (e), table entitled, ``State of Oregon Air Quality Control Program'' by adding under ``Section 4'', two entries ``4.66'' and ``4.67'' in numerical order. The additions read as follows: Sec. 52.1970 Identification of plan. * * * * * (c) * * * Table 3--EPA Approved City and County Ordinances ---------------------------------------------------------------------------------------------------------------- Agency and ordinance Title or subject Date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * City of Oakridge Ordinance No. An Ordinance Amending 11/10/2016 2/8/2018, [Insert Oakridge PM-2.5 920. Section 7 of Ordinance Federal Register Attainment Plan. 914 and Adopting New citation]. Only with respect Standards for the to Sections 1, Oakridge Air Pollution 2(1), 2(2), 3, Control Program. 4, 5 and 7. ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * State of Oregon Air Quality Control Program ---------------------------------------------------------------------------------------------------------------- EPA approval SIP citation Title/subject State effective date date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 4.66, 12/06/2012 10/21/2016, 81 4.66 2012 FR 72714. Oakridge- Westfir PM2.5 Attainment Plan. [[Page 5540]] 4.67, 1/20/2017 2/8/2018, 4.67 Updated [Insert Oakridge- Federal Westfir PM2.5 Register Attainment citation]. Plan. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-02465 Filed 2-7-18; 8:45 am] BILLING CODE 6560-50-P
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■ 2. Section 706.2 is amended by: ■ b . In Table Five, by adding, in alpha § 706 .2 Certifications of the Secretary of
■ a. In Table Four, paragraph 15, numerical order, by vessel number, an the Navy under Executive Order 11964 and
adding, in alpha numerical order, by entry for USS THOMAS HUDNER (DDG 33 U.S.C. 1605.
vessel number, an entry for USS 116). * * * * *
THOMAS HUDNER (DDG 116); and The additions read as follows: 15. * * *
TABLE FOUR
Horizontal distance from
the fore and aft center-
Vessel Number line of the vessel in the
athwartship direction
* * * * * * *
USS THOMAS HUDNER .................................................... DDG 115 ............................................................................ 1.81
* * * * * * *
* * * * *
TABLE FIVE
After mast-head
Masthead lights Forward mast- light less than 1⁄2
not over all other head light not in ship’s length aft of Percentage hori-
Vessel Number lights and obstruc- forward quarter of forward masthead zontal separation
tions. annex I, ship. annex I, sec. light. annex I, sec. attained
sec. 2(f) 3(a) 3(a)
* * * * * * *
USS THOMAS HUDNER .......................... DDG 116 .......... X X X 14.5
* * * * * * *
Approved: January 25, 2018. monitored attainment of the 2006 24- Information (CBI) or other information
A.S. Janin, hour fine particulate matter (PM2.5) the disclosure of which is restricted by
Captain, USN, JAGC, Deputy Assistant Judge National Ambient Air Quality Standards statute. Certain other material, such as
Advocate, General (Admiralty and Maritime (NAAQS) based on 2014–2016 data copyrighted material, is not placed on
Law). available in the EPA’s Air Quality the internet and will be publicly
[FR Doc. 2018–02554 Filed 2–7–18; 8:45 am] System (AQS) database. This available only in hard copy form.
BILLING CODE 3810–FF–P determination will not constitute a Publicly available docket materials are
redesignation to attainment. available either electronically through
The EPA is also finalizing approval of https://www.regulations.gov or in hard
ENVIRONMENTAL PROTECTION the revisions to Oregon’s State copy at the Air Planning Unit, Office of
AGENCY Implementation Plan (SIP) consisting of Air and Waste, EPA Region 10, 1200
the updated Oakridge-Westfir PM2.5 Sixth Avenue, Seattle, WA, 98101. The
40 CFR Part 52 Attainment Plan (Oakridge Update) EPA requests that, if at all possible, you
[EPA–R10–OAR–2017–0051; FRL–9974–16– submitted by the Oregon Department of contact the individual listed in the FOR
Region 10] Environmental Quality (ODEQ) on FURTHER INFORMATION CONTACT section to
January 20, 2017. The purpose of the view the hard copy of the docket. You
Air Plan Approval; OR, Oakridge; PM2.5 Oakridge Update, developed by Lane may view the hard copy of the docket
Moderate Plan, Finding of Attainment Regional Air Protection Agency Monday through Friday, 8:30 a.m. to
and Clean Data Determination (LRAPA) in coordination with the 4:30 p.m., excluding federal holidays.
ODEQ, is to provide an attainment FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection
demonstration of the 2006 24-hour Christi Duboiski at (360) 753–9081,
Agency (EPA).
PM2.5 NAAQS and correct deficiencies duboiski.christi@epa.gov or by using the
ACTION: Final rule. in the 2012 Oakridge Attainment Plan. above EPA, Region 10 address.
SUMMARY: The Environmental Protection DATES: This final rule is effective March
SUPPLEMENTARY INFORMATION:
Agency (EPA) is finalizing a finding of 12, 2018.
Throughout this document wherever
attainment by the attainment date and a ADDRESSES: The EPA has established a
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
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clean data determination (CDD) for the docket for this action under Docket ID intended to refer to the EPA.
Oakridge-Westfir (Oakridge), Oregon No. EPA–R10–OAR–2017–0051. All
fine particulate matter nonattainment documents in the docket are listed on Table of Contents
area (Oakridge NAA). The finding is the https://www.regulations.gov I. Background Information
based upon quality-assured, quality- website. Although listed in the index, II. Final Action
controlled, and certified ambient air some information is not publicly III. Incorporation by Reference
monitoring data showing the area has available, i.e., Confidential Business IV. Statutory and Executive Order Reviews
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action because SIP approvals are jurisdiction. In those areas of Indian List of Subjects in 40 CFR Part 52
exempted under Executive Order 12866; country, the rule does not have tribal
• does not impose an information implications and it will not impose Environmental protection, Air
collection burden under the provisions substantial direct costs on tribal pollution control, Incorporation by
of the Paperwork Reduction Act (44 governments or preempt tribal law as reference, Nitrogen dioxide, Ozone,
U.S.C. 3501 et seq.); specified by Executive Order 13175 (65 Particulate matter, Reporting and
• is certified as not having a FR 67249, November 9, 2000). recordkeeping requirements, Sulfur
significant economic impact on a oxides, Volatile organic compounds.
The Congressional Review Act, 5
substantial number of small entities U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401 et seq.
under the Regulatory Flexibility Act (5 Business Regulatory Enforcement Dated: January 25, 2018.
U.S.C. 601 et seq.); Fairness Act of 1996, generally provides
• does not contain any unfunded Chris Hladick,
that before a rule may take effect, the Regional Administrator, Region 10.
mandate or significantly or uniquely
agency promulgating the rule must
affect small governments, as described
submit a rule report, which includes a For the reasons stated in the
in the Unfunded Mandates Reform Act
copy of the rule, to each House of the preamble, 40 CFR part 52 is amended as
of 1995 (Pub. L. 104–4);
• does not have Federalism Congress and to the Comptroller General follows:
implications as specified in Executive of the United States. The EPA will
submit a report containing this action PART 52—APPROVAL AND
Order 13132 (64 FR 43255, August 10,
and other required information to the PROMULGATION OF
1999);
• is not an economically significant U.S. Senate, the U.S. House of IMPLEMENTATION PLANS
regulatory action based on health or Representatives, and the Comptroller
safety risks subject to Executive Order General of the United States prior to ■ 1. The authority citation for part 52
13045 (62 FR 19885, April 23, 1997); publication of the rule in the Federal continues to read as follows:
• is not a significant regulatory action Register. A major rule cannot take effect Authority: 42 U.S.C. 7401 et seq.
subject to Executive Order 13211 (66 FR until 60 days after it is published in the
28355, May 22, 2001); Federal Register. This action is not a Subpart MM—Oregon
• is not subject to requirements of ‘‘major rule’’ as defined by 5 U.S.C.
Section 12(d) of the National 804(2). ■ 2. Section 52.1970 is amended:
Technology Transfer and Advancement Under section 307(b)(1) of the Clean ■ a. In paragraph (c), ‘‘Table 3–EPA
Act of 1995 (15 U.S.C. 272 note) because Air Act, petitions for judicial review of Approved City and County Ordinances’’
application of those requirements would this action must be filed in the United by adding an entry ‘‘City of Oakridge
be inconsistent with the Clean Air Act; States Court of Appeals for the Ordinance No. 920’’ at the end of the
and appropriate circuit by April 9, 2018. table; and
• does not provide the EPA with the Filing a petition for reconsideration by
discretionary authority to address, as ■ b. In paragraph (e), table entitled,
the Administrator of this final rule does
appropriate, disproportionate human not affect the finality of this action for ‘‘State of Oregon Air Quality Control
health or environmental effects, using the purposes of judicial review nor does Program’’ by adding under ‘‘Section 4’’,
practicable and legally permissible it extend the time within which a two entries ‘‘4.66’’ and ‘‘4.67’’ in
methods, under Executive Order 12898 petition for judicial review may be filed, numerical order.
(59 FR 7629, February 16, 1994). and shall not postpone the effectiveness The additions read as follows:
The SIP is not approved to apply on any of such rule or action. This action may
§ 52.1970 Identification of plan.
Indian reservation land or in any other not be challenged later in proceedings to
area where the EPA or an Indian tribe enforce its requirements. (See section * * * * *
has demonstrated that a tribe has 307(b)(2)). (c) * * *
TABLE 3—EPA APPROVED CITY AND COUNTY ORDINANCES
Agency and ordinance Title or subject Date EPA approval date Explanation
* * * * * * *
City of Oakridge Ordi- An Ordinance Amending Section 7 of Ordi- 11/10/2016 2/8/2018, [Insert Fed- Oakridge PM–2.5 At-
nance No. 920. nance 914 and Adopting New Standards for eral Register cita- tainment Plan.
the Oakridge Air Pollution Control Program. tion]. Only with respect to
Sections 1, 2(1), 2(2),
3, 4, 5 and 7.
* * * * * (e) * * *
STATE OF OREGON AIR QUALITY CONTROL PROGRAM
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SIP citation Title/subject State effective date EPA approval date Explanation
* * * * * * *
4.66, 12/06/2012 10/21/2016, 81 FR 72714 ............ 4.66 2012 Oakridge-Westfir PM2.5
Attainment Plan.
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STATE OF OREGON AIR QUALITY CONTROL PROGRAM—Continued
SIP citation Title/subject State effective date EPA approval date Explanation
4.67, 1/20/2017 2/8/2018, [Insert Federal Reg- 4.67 Updated Oakridge-Westfir
ister citation]. PM2.5 Attainment Plan.
* * * * * * *
* * * * * Number EPA–R03–OAR–2016–0574. All state had the option to submit a CAIR
[FR Doc. 2018–02465 Filed 2–7–18; 8:45 am] documents in the docket are listed on SIP revision that expanded applicability
BILLING CODE 6560–50–P the http://www.regulations.govwebsite. to include certain non-EGUs that
Although listed in the index, some formerly participated in the NOX Budget
information is not publicly available, Trading Program under the NOX SIP
ENVIRONMENTAL PROTECTION e.g., confidential business information Call.1 West Virginia submitted, and EPA
AGENCY (CBI) or other information whose approved, a CAIR SIP revision based on
disclosure is restricted by statute. the model state rules establishing CAIR
40 CFR Part 52 Certain other material, such as state trading programs for annual SO2,
[EPA–R03–OAR–2016–0574; FRL–9974–12– copyrighted material, is not placed on annual NOX, and ozone season NOX
Region 3] the internet and will be publicly emissions, with certain non-EGUs
available only in hard copy form. included in the state’s CAIR ozone
Approval and Promulgation of Air Publicly available docket materials are season NOX trading program. See 74 FR
Quality Implementation Plans; West available through http:// 38536 (August 4, 2009).
Virginia; Removal of Clean Air www.regulations.gov, or please contact The United States Court of Appeals
Interstate Rule Trading Programs the person identified in the FOR FURTHER for the District of Columbia Circuit (D.C.
Replaced by Cross-State Air Pollution INFORMATION CONTACT section for Circuit) initially vacated CAIR in 2008,
Rule Trading Programs additional availability information. but ultimately remanded the rule to EPA
without vacatur to preserve the
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT:
environmental benefits provided by
Agency (EPA). Marilyn Powers, (215) 814–2308, or by
CAIR. North Carolina v. EPA, 550 F.3d
ACTION: Final rule. email at powers.marilyn@epa.gov.
1176 (Dec. 23, 2008). The ruling allowed
SUPPLEMENTARY INFORMATION: CAIR to remain in effect temporarily
SUMMARY: The Environmental Protection
I. Background until a replacement rule consistent with
Agency (EPA) is approving state
the Court’s opinion was developed.
implementation plan (SIP) revisions In 2005, EPA promulgated CAIR (70 While EPA worked on developing a
submitted by the State of West Virginia. FR 25162, May 12, 2005) to address replacement rule, the CAIR program
These revisions pertain to two West transported emissions that significantly continued as planned with the NOX
Virginia regulations that established contributed to downwind states’ annual and ozone season programs
trading programs under the Clean Air nonattainment and interfered with beginning in 2009 and the SO2 annual
Interstate Rule (CAIR). The EPA- maintenance of the 1997 ozone and fine program beginning in 2010.
administered trading programs under particulate matter (PM2.5) national On August 8, 2011 (76 FR 48208),
CAIR were discontinued on December ambient air quality standards (NAAQS). acting on the D.C. Circuit’s remand, EPA
31, 2014 upon the implementation of CAIR required 28 states, including West promulgated CSAPR to replace CAIR in
the Cross-State Air Pollution Rule Virginia, to revise their SIPs to reduce order to address the interstate transport
(CSAPR), which was promulgated by emissions of NOX and SO2, precursors of emissions contributing to
EPA to replace CAIR. CSAPR to the formation of ambient ozone and nonattainment and interfering with
established federal trading programs for PM2.5. Under CAIR, EPA provided maintenance of the two air quality
sources in multiple states, including model state rules for separate cap and standards covered by CAIR as well as
West Virginia, that replace the CAIR trade programs for annual NOX, ozone the 2006 PM2.5 NAAQS. CSAPR
state and federal trading programs. The season NOX, and annual SO2. The required EGUs in affected states,
submitted SIP revisions request removal annual NOX and annual SO2 trading including West Virginia, to participate
of state regulations that implemented programs were designed to address in federal trading programs to reduce
the CAIR annual nitrogen oxide (NOX) transported PM2.5 pollution, while the annual SO2, annual NOX, and/or ozone
and annual sulfur dioxide (SO2) trading ozone season NOX trading program was season NOX emissions. The rule also
programs from the West Virginia SIP (as designed to address transported ozone contained provisions that would sunset
CSAPR has replaced CAIR). EPA is pollution. EPA also promulgated CAIR CAIR-related obligations on a schedule
approving these SIP revisions in federal implementation plans (FIPs) coordinated with the implementation of
accordance with the requirements of the with CAIR federal trading programs that the CSAPR compliance requirements.
Clean Air Act (CAA). West Virginia’s would address each state’s CAIR CSAPR was to become effective January
SIP revision submittal requesting requirements in the event that a CAIR 1, 2012; however, the timing of CSAPR’s
removal of a state regulation that SIP for the state was not submitted or implementation was impacted by a
implemented the CAIR ozone season
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approved (71 FR 25328, April 28, 2006). number of court actions. Numerous
NOX trading program will be addressed Generally, both the model state rules
in a separate action. and the federal trading program rules 1 In October 1998, EPA finalized the ‘‘Finding of
DATES: This final rule is effective on applied only to electric generating units Significant Contribution and Rulemaking for
March 12, 2018. Certain States in the Ozone Transport Assessment
(EGUs), but in the case of the model Group Region for Purposes of Reducing Regional
ADDRESSES: EPA has established a state rule and federal trading program Transport of Ozone’’—commonly called the NOX
docket for this action under Docket ID for ozone season NOX emissions, each SIP Call. See 63 FR 57356 (October 27, 1998).
VerDate Sep<11>2014 14:13 Feb 07, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\08FER1.SGM 08FER1](https://thefederalregister.org/doc/83_FR_5564/page/4.svg)
Document Created: 2018-02-08 00:16:17
Document Modified: 2018-02-08 00:16:17
| 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 final rule is effective March 12, 2018. | |
| Contact | Christi Duboiski at (360) 753-9081, | |
| FR Citation | 83 FR 5537 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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