83 FR 5540 - Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Clean Air Interstate Rule Trading Programs Replaced by Cross-State Air Pollution Rule Trading Programs
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 27 (February 8, 2018)
Federal Register Volume 83, Issue 27 (February 8, 2018)
| Page Range | 5540-5543 | |
| FR Document | 2018-02463 |
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)] [Rules and Regulations] [Pages 5540-5543] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02463] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0574; FRL-9974-12-Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Clean Air Interstate Rule Trading Programs Replaced by Cross-State Air Pollution Rule Trading Programs AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving state implementation plan (SIP) revisions submitted by the State of West Virginia. These revisions pertain to two West Virginia regulations that established trading programs under the Clean Air Interstate Rule (CAIR). The EPA-administered trading programs under CAIR were discontinued on December 31, 2014 upon the implementation of the Cross- State Air Pollution Rule (CSAPR), which was promulgated by EPA to replace CAIR. CSAPR established federal trading programs for sources in multiple states, including West Virginia, that replace the CAIR state and federal trading programs. The submitted SIP revisions request removal of state regulations that implemented the CAIR annual nitrogen oxide (NOX ) and annual sulfur dioxide (SO2 ) trading programs from the West Virginia SIP (as CSAPR has replaced CAIR). EPA is approving these SIP revisions in accordance with the requirements of the Clean Air Act (CAA). West Virginia's SIP revision submittal requesting removal of a state regulation that implemented the CAIR ozone season NOX trading program will be addressed in a separate action. DATES: This final rule is effective on March 12, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2016-0574. All documents in the docket are listed on the http://www.regulations.govwebsite. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background In 2005, EPA promulgated CAIR (70 FR 25162, May 12, 2005) to address transported emissions that significantly contributed to downwind states' nonattainment and interfered with maintenance of the 1997 ozone and fine particulate matter (PM2.5 ) national ambient air quality standards (NAAQS). CAIR required 28 states, including West Virginia, to revise their SIPs to reduce emissions of NOX and SO2 , precursors to the formation of ambient ozone and PM2.5. Under CAIR, EPA provided model state rules for separate cap and trade programs for annual NOX , ozone season NOX , and annual SO2 . The annual NOX and annual SO2 trading programs were designed to address transported PM2.5 pollution, while the ozone season NOX trading program was designed to address transported ozone pollution. EPA also promulgated CAIR federal implementation plans (FIPs) with CAIR federal trading programs that would address each state's CAIR requirements in the event that a CAIR SIP for the state was not submitted or approved (71 FR 25328, April 28, 2006). Generally, both the model state rules and the federal trading program rules applied only to electric generating units (EGUs), but in the case of the model state rule and federal trading program for ozone season NOX emissions, each state had the option to submit a CAIR SIP revision that expanded applicability to include certain non- EGUs that formerly participated in the NOX Budget Trading Program under the NOX SIP Call.\1\ West Virginia submitted, and EPA approved, a CAIR SIP revision based on the model state rules establishing CAIR state trading programs for annual SO2 , annual NOX , and ozone season NOX emissions, with certain non-EGUs included in the state's CAIR ozone season NOX trading program. See 74 FR 38536 (August 4, 2009). --------------------------------------------------------------------------- \1\ In October 1998, EPA finalized the ``Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone''--commonly called the NOX SIP Call. See 63 FR 57356 (October 27, 1998). --------------------------------------------------------------------------- The United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately remanded the rule to EPA without vacatur to preserve the environmental benefits provided by CAIR. North Carolina v. EPA, 550 F.3d 1176 (Dec. 23, 2008). The ruling allowed CAIR to remain in effect temporarily until a replacement rule consistent with the Court's opinion was developed. While EPA worked on developing a replacement rule, the CAIR program continued as planned with the NOX annual and ozone season programs beginning in 2009 and the SO2 annual program beginning in 2010. On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA promulgated CSAPR to replace CAIR in order to address the interstate transport of emissions contributing to nonattainment and interfering with maintenance of the two air quality standards covered by CAIR as well as the 2006 PM2.5 NAAQS. CSAPR required EGUs in affected states, including West Virginia, to participate in federal trading programs to reduce annual SO2 , annual NOX , and/or ozone season NOX emissions. The rule also contained provisions that would sunset CAIR-related obligations on a schedule coordinated with the implementation of the CSAPR compliance requirements. CSAPR was to become effective January 1, 2012; however, the timing of CSAPR's implementation was impacted by a number of court actions. Numerous [[Page 5541]] parties filed petitions for review of CSAPR in the D.C. Circuit, and on December 30, 2011, the D.C. Circuit stayed CSAPR prior to its implementation and ordered EPA to continue administering CAIR on an interim basis. On August 21, 2012, the court issued its ruling, vacating and remanding CSAPR to EPA and ordering continued implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit's vacatur of CSAPR was reversed by the United States Supreme Court on April 29, 2014, and the case was remanded to the D.C. Circuit to resolve remaining issues in accordance with the Supreme Court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most respects but remanded certain state emissions budgets, including the Phase 2 ozone season NOX budget for West Virginia. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 138 (D.C. Cir. 2015). Throughout the initial round of D.C. Circuit proceedings and the ensuing Supreme Court proceedings, the stay on CSAPR remained in place, and EPA continued to implement CAIR. Following the April 2014 Supreme Court decision, EPA filed a motion asking the D.C. Circuit to lift the stay in order to allow CSAPR to replace CAIR in an equitable and orderly manner while further D.C. Circuit proceedings were held to resolve remaining claims from petitioners. Additionally, EPA's motion requested delay, by three years, of all CSAPR compliance deadlines that had not passed as of the approval date of the stay. On October 23, 2014, the D.C. Circuit granted EPA's request, and on December 3, 2014 (79 FR 71663), in an interim final rule, EPA set the updated effective date of CSAPR as January 1, 2015 and delayed the implementation of CSAPR Phase I to 2015 and CSAPR Phase 2 to 2017. In accordance with the interim final rule, EPA stopped administering the CAIR state and federal trading programs with respect to emissions occurring after December 31, 2014, and EPA began implementing CSAPR on January 1, 2015.\2\ --------------------------------------------------------------------------- \2\ EPA solicited comment on the interim final rule and subsequently issued a final rule affirming the amended compliance schedule after consideration of comments received. 81 FR 13275 (March 14, 2016). --------------------------------------------------------------------------- In October 2016, EPA promulgated the CSAPR Update (81 FR 74504, Oct. 26, 2016). In the CSAPR Update, EPA responded to the remand of West Virginia's Phase 2 ozone season NOX budget by withdrawing the requirement for West Virginia EGUs to participate, after 2016, in the original CSAPR ozone season NOX trading program, which had addressed the state's transport obligations with respect to the 1997 ozone NAAQS and required the state's EGUs to participate starting in 2017 in a new CSAPR ozone season NOX trading program to address (in part) the state's transport obligations with respect to the 2008 ozone NAAQS. As noted above, starting in January 2015, the CSAPR federal trading programs for annual NOX , ozone season NOX and annual SO2 were applicable in West Virginia. Thus, since January 1, 2015, EPA has not administered the CAIR state trading programs for annual NOX , ozone season NOX , or annual SO2 emissions established by the West Virginia regulations. On July 13, 2016, the State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), submitted three SIP revisions requesting EPA to remove from its SIP three regulations that implemented the CAIR state trading programs: Regulation 45CSR39--Control of Annual Nitrogen Oxides Emissions, Regulation 45CSR40--Control of Ozone Season Nitrogen Oxides Emissions, and Regulation 45CSR41--Control of Annual Sulfur Dioxide Emissions. On September 25, 2017 (41 FR 44525), EPA published a direct final rulemaking notice (DFRN) for the State of West Virginia. In the DFRN, EPA approved the West Virginia SIP submittals requesting removal of Regulation 45CSR39 and Regulation 45CSR41 from the West Virginia SIP, and explained that it would take separate action on Regulation 45CSR40 at a future date. On the same date (41 FR 44544), EPA published a notice of proposed rulemaking (NPR) for the removal action. EPA published the DFRN without prior proposal because the Agency viewed the submittals as noncontroversial and anticipated no adverse comments. EPA explained that if adverse comments were received during the comment period, the DFRN would be withdrawn and all public comments received would be addressed in a subsequent final rule based on the September 25, 2017 proposed rule. EPA received an adverse comment, and on December 12, 2017 (82 FR 58341), withdrew the DFRN. II. Summary of SIP Revision and EPA Analysis WVDEP submitted two SIP revisions on July 13, 2016 that requested the removal from the West Virginia SIP of the State's regulations (45CSR39 and 45CSR41) which implemented respectively West Virginia's state CAIR annual NOX and annual SO2 trading programs. As noted previously, the CAIR annual NOX and SO2 reduction programs addressed interstate transport of emissions for the 1997 PM2.5 NAAQS. The D.C. Circuit remanded CAIR to EPA for replacement, and in response EPA promulgated CSAPR which, among other things, fully addresses West Virginia's interstate transport obligations with regard to the 1997 PM2.5 NAAQS. See 76 FR at 48210. Once the transport obligations formerly addressed through the CAIR trading programs began to be addressed through implementation of the CSAPR trading programs in January 2015, EPA stopped administering the CAIR trading programs, including West Virginia's state CAIR annual NOX and SO2 programs created by 45CSR39 and 45CSR41. Consequently, these two state rules no longer play any role in remedying the transport obligation that the state adopted them to address, which is now being met through other rules. Further, these two state rules do not serve any other purpose (such as helping to address requirements for certain non-EGUs under the NOX SIP Call). Therefore, EPA determines it is appropriate for these two state regulations implementing CAIR to be removed in their entirety from the West Virginia SIP. III. Public Comments and EPA Responses One commenter submitted two comments on the proposed approval of WVDEP's July 13, 2016 submittals requesting removal of Regulations 45CSR39 and 45CSR41 from the West Virginia SIP. Comment 1: The commenter stated that EPA can only remove the CAIR NOX annual and SO2 annual trading programs at the same time as the NOX ozone season program, and EPA cannot remove two of the three programs without adequately explaining why these programs can be removed separately. EPA Response to Comment 1: West Virginia's regulations that implemented the CAIR trading programs were established in three separate regulations: Regulation 45CSR39--Control of Annual Nitrogen Oxides Emissions, Regulation 45CSR40--Control of Ozone Season Nitrogen Oxides Emissions, and Regulation 45CSR41--Control of Annual Sulfur Dioxide Emissions. These regulations were designed to allow West Virginia to participate in the regional trading programs administered by EPA to meet the requirements of CAIR. The regional trading programs under CAIR were [[Page 5542]] separate trading programs for annual NOX, ozone season NOX , and annual SO2 , and affected states had the flexibility to participate in one or more of the trading programs. Adoption of one of the trading programs in a SIP was not dependent on adoption of any of the other trading programs into the state's SIP, and each is therefore severable from one another. West Virginia submitted three stand-alone SIP submittals on July 13, 2016, each submittal requesting removal of one of the three CAIR regulations from the West Virginia SIP. As these were three separate submittals to remove separate state regulations for separate regional trading programs, EPA can take independent action on each of the submittals in accordance with section 110 of the CAA. The commenter has not cited any authority that precludes EPA from taking such independent actions, or any harm that would arise from EPA's approval of West Virginia's of the CAIR NOX annual and SO2 annual trading programs separate from the NOX ozone season trading program. Comment 2: The commenter also stated that EPA cannot simply say that the removals are in accordance with section 110(l) of the CAA, but needs to explain how the removals meet the section 110(l) requirements. EPA Response to Comment 2: Regarding the commenter's concerns with respect to the requirements of CAA section 110(l), as noted previously in this rulemaking and in the DFRN, EPA is no longer administering the CAIR trading programs for annual NOX and SO2, including West Virginia's State CAIR programs created by 40CSR39 and 40CSR41. Because the State CAIR trading programs created by these rules are no longer being implemented, and because the rules serve no other purpose, removal of the rules from the SIP does not interfere with any applicable requirement concerning attainment or any other requirement of the CAA. IV. Final Action EPA is approving the two July 13, 2016 West Virginia SIP revision submissions which seek removal from the West Virginia SIP of Regulation 45CSR39 that implemented the CAIR annual NOX trading program and Regulation 45CSR41 that implemented the CAIR annual SO2 trading program. Removal of these two regulations from the West Virginia SIP is in accordance with section 110 of the CAA. V. Statutory and Executive Order Reviews A. General Requirements 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, this rule removing West Virginia regulations 45CSR39 and 45CSR41 from the West Virginia SIP does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General 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. 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). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, 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 removing West Virginia regulations 45CSR39 and 45CSR41 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. Dated: January 25, 2018. Cosmo Servidio, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: [[Page 5543]] 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 XX--West Virginia Sec. 52.2520 [Amended] 0 2. In Sec. 52.2520, the table in paragraph (c) is amended by: 0 a. Removing the table heading ``[45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and Nitrogen Oxides'' and the entries ``Section 45- 39-1'' through ``Section 45-39-90''; 0 b. Removing the table heading ``[45 CSR] Series 41 Control of Annual Sulfur Dioxides Emissions'' and the entries ``Section 45-41-1'' through ``Section 45-41-90''. [FR Doc. 2018-02463 Filed 2-7-18; 8:45 am] BILLING CODE 6560-50-P
![5540 Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations
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
nshattuck on DSK9F9SC42PROD with RULES
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_5567/page/1.svg)
![Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations 5543
PART 52—APPROVAL AND 02), Office of Air Quality Planning and contained in the May 1995 Seitz
PROMULGATION OF Standards, U.S. Environmental Memorandum.
IMPLEMENTATION PLANS Protection Agency, Research Triangle The EPA anticipates that it will soon
Park, North Carolina 27711, telephone publish a Federal Register document to
■ 1. The authority citation for part 52 number: (919) 541–4347 or (919) 541– take comment on adding regulatory text
continues to read as follows: 2443, respectively; and email address: that will reflect EPA’s plain language
Authority: 42 U.S.C. 7401 et seq. torres.elineth@epa.gov or reading of the statute as discussed in
dalcher.debra@epa.gov, respectively. this memorandum.
Subpart XX—West Virginia Dated: January 25, 2018.
SUPPLEMENTARY INFORMATION: On
§ 52.2520 [Amended] January 25, 2018, the EPA issued a Panagiotis E. Tsirigotis,
■ 2. In § 52.2520, the table in paragraph guidance memorandum that addresses Director, Office of Air Quality Planning and
the question of when a major source Standards.
(c) is amended by:
■ a. Removing the table heading ‘‘[45
subject to a maximum achievable [FR Doc. 2018–02331 Filed 2–7–18; 8:45 am]
CSR] Series 39 Control of Annual control technology (MACT) standard BILLING CODE 6560–50–P
Nitrogen Oxide Emissions to Mitigate under CAA section 112 may be
Interstate Transport of Fine Particulate reclassified as an area source, and
Matter and Nitrogen Oxides’’ and the thereby avoid being subject thereafter to FEDERAL COMMUNICATIONS
entries ‘‘Section 45–39–1’’ through major source MACT and other COMMISSION
‘‘Section 45–39–90’’; requirements applicable to major
■ b. Removing the table heading ‘‘[45
sources under CAA section 112. As is 47 CFR Parts 27, 54, 73, 74, and 76
CSR] Series 41 Control of Annual Sulfur explained in the memorandum, the
[MB Docket No. 17–105; FCC 18–3]
Dioxides Emissions’’ and the entries plain language of the definitions of
‘‘Section 45–41–1’’ through ‘‘Section ‘‘major source’’ in CAA section 112(a)(1) Deletion of Rules Made Obsolete by
45–41–90’’. and of ‘‘area source’’ in CAA section the Digital Television Transition
112(a)(2) compels the conclusion that a
[FR Doc. 2018–02463 Filed 2–7–18; 8:45 am] AGENCY: Federal Communications
major source becomes an area source at
BILLING CODE 6560–50–P such time that the source takes an Commission.
enforceable limit on its potential to emit ACTION: Final rule.
(PTE) hazardous air pollutants (HAP)
ENVIRONMENTAL PROTECTION below the major source thresholds (i.e., SUMMARY: In this document, the Federal
AGENCY 10 tons per year (tpy) of any single HAP Communications Commission
or 25 tpy of any combination of HAP). (Commission) eliminates rules that have
40 CFR Part 63
In such circumstances, a source that was been made obsolete by the digital
[FRL–9973–51–OAR] previously classified as major, and television transition.
which so limits its PTE, will no longer DATES: These rule revisions are effective
RIN 2060–AM75
be subject either to the major source on February 8, 2018.
Issuance of Guidance Memorandum, MACT or other major source FOR FURTHER INFORMATION CONTACT: For
‘‘Reclassification of Major Sources as requirements that were applicable to it additional information on this
Area Sources Under Section 112 of the as a major source under CAA section proceeding, contact Raelynn Remy of
Clean Air Act’’ 112. the Policy Division, Media Bureau at
A prior EPA guidance memorandum Raelynn.Remy@fcc.gov, or (202) 418–
AGENCY: Environmental Protection had taken a different position. See 2120.
Agency (EPA). Potential to Emit for MACT Standards— SUPPLEMENTARY INFORMATION: This is a
ACTION: Issuance and withdrawal of Guidance on Timing Issues.’’ John Seitz, summary of the Commission’s Report
guidance memorandums. Director, Office of Air Quality Planning and Order (Order), FCC 18–3, adopted
and Standards, U.S. Environmental and released on January 24, 2018. The
SUMMARY: The Environmental Protection
Protection Agency, (May 16, 1995) (the full text is available for public
Agency (EPA) is notifying the public
‘‘May 1995 Seitz Memorandum’’). The inspection and copying during regular
that it has issued the guidance
May 1995 Seitz Memorandum set forth business hours in the FCC Reference
memorandum titled ‘‘Reclassification of
a policy, commonly known as ‘‘once in, Center, Federal Communications
Major Sources as Area Sources Under
always in’’ (the ‘‘OIAI policy’’), under Commission, 445 12th Street SW, Room
Section 112 of the Clean Air Act’’. The
which ‘‘facilities may switch to area CY–A257, Washington, DC 20554. This
EPA is also withdrawing the
source status at any time until the ‘first document will also be available via
memorandum titled ‘‘Potential to Emit
compliance date’ of the standard,’’ with ECFS at https://apps.fcc.gov/edocs_
for MACT Standards—Guidance on
‘‘first compliance date’’ being defined to public/attachmatch/FCC-18-3A1.docx.
Timing Issues.’’
mean the ‘‘first date a source must Documents will be available
DATES: Effective on February 8, 2018. comply with an emission limitation or electronically in ASCII, Microsoft Word,
ADDRESSES: You may view this guidance other substantive regulatory and/or Adobe Acrobat. The complete
memorandum electronically at: https:// requirement.’’ May 1995 Seitz text may be purchased from the
www.epa.gov/stationary-sources-air- Memorandum at 5. Thereafter, under Commission’s copy contractor, 445 12th
pollution/reclassification-major- the OIAI policy, ‘‘facilities that are
nshattuck on DSK9F9SC42PROD with RULES
Street SW, Room CY–B402, Washington,
sources-area-sources-under-section-112- major sources for HAP on the ‘first DC 20554. Alternative formats are
clean. compliance date’ are required to comply available for people with disabilities
FOR FURTHER INFORMATION CONTACT: Ms. permanently with the MACT standard.’’ (Braille, large print, electronic files,
Elineth Torres or Ms. Debra Dalcher, Id. at 9. audio format), by sending an email to
Policy and Strategies Group, Sector The guidance signed on January 25, fcc504@fcc.gov or calling the
Policies and Programs Division (D205– 2018, supersedes that which was Commission’s Consumer and
VerDate Sep<11>2014 14:13 Feb 07, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\08FER1.SGM 08FER1](https://thefederalregister.org/doc/83_FR_5567/page/4.svg)
Document Created: 2018-02-08 00:16:18
Document Modified: 2018-02-08 00:16:18
| 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 on March 12, 2018. | |
| Contact | Marilyn Powers, (215) 814-2308, or by email at [email protected] | |
| FR Citation | 83 FR 5540 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR