Approval and Promulgation of Air Quality Implementation Plans; West Virginia; State Boards Requirements; Infrastructure Requirements for the 2008 Ozone, 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide National Ambient Air Quality Standards, 12345-12349 [2015-05222]
Download as PDF
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations
12345
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
Provision
*
110(a)(1) and (2) Infrastructure Requirements
for the 2008 Lead National Ambient Air Quality Standards.
State
effective date
EPA
approval date
*
*
6/15/2012
[FR Doc. 2015–05242 Filed 3–6–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0903; FRL–9924–02–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; State Boards Requirements;
Infrastructure Requirements for the
2008 Ozone, 2010 Nitrogen Dioxide,
and 2010 Sulfur Dioxide National
Ambient Air Quality Standards
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the West
Virginia State Implementation Plan
(SIP). The SIP revision addresses the
State Boards requirements for all criteria
pollutants of the National Ambient Air
Quality Standards (NAAQS). EPA is
also approving a related infrastructure
element from the West Virginia
February 21, 2012 SIP submittal for the
2008 ozone (O3) NAAQS, the December
13, 2012 SIP submittal for the 2010
nitrogen dioxide (NO2) NAAQS, and the
July 1, 2013 SIP submittal for the 2010
sulfur dioxide (SO2) NAAQS. EPA is
approving this SIP revision in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on May 8,
2015 without further notice, unless EPA
receives adverse written comment by
April 8, 2015. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2014–0903 by one of the
following methods:
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:17 Mar 06, 2015
Jkt 235001
3/9/2015
Federal Register citation
*
[Insert Federal Register
citation].
Explanation
*
*
*
With the exception of PSD permitting requirements
for major sources of sections 110(a)(2)(C), prong
3 of D(i), and (J) and the state board requirements
of 110(E)(ii).
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: powers.marilyn@epa.gov.
C. Mail: EPA–R03–OAR–2014–0903,
Marilyn Powers, Acting Associate
Director, Office of Air Program
Planning, Air Protection Division,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2014–
0903. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., 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 either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, WV 25304.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 128 of the CAA requires SIPs
to include certain requirements
regarding State Boards; section
110(a)(2)(E)(ii) of the CAA also
references these requirements. Section
128(a) requires SIPs to contain
provisions that: (1) Any board or body
which approves permits or enforcement
orders under the CAA shall have at least
a majority of its members represent the
public interest and not derive any
significant portion of their income from
persons subject to permits or
enforcement orders under the CAA; and
(2) any potential conflict of interest by
members of such board or body or the
head of an executive agency with
similar powers be adequately disclosed.
The requirements of section 128(a)(1)
are not applicable to West Virginia
because it does not have any board or
body which approves air quality permits
or enforcement orders. The
E:\FR\FM\09MRR1.SGM
09MRR1
12346
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations
rmajette on DSK2TPTVN1PROD with RULES
requirements of section 128(a)(2),
however, are applicable because the
head of the West Virginia Department of
Environmental Protection (WVDEP), or
his/her designees, approve permits or
enforcement orders within West
Virginia.
On July 24, 2014, the State of West
Virginia, through WVDEP, submitted a
SIP revision to address the requirements
of section 128 for all criteria pollutants
of the NAAQS in relation to State
Boards. The SIP revision consists of
relevant portions of West Virginia Code
6B of the West Virginia Governmental
Ethics Act for inclusion into the West
Virginia SIP.
In addition, this rulemaking action
approves the section 110(a)(2)(E)(ii)
infrastructure element from the
following West Virginia infrastructure
SIP submittals for each identified
NAAQS: February 21, 2012 for the 2008
O3 NAAQS, December 13, 2012 for the
2010 NO2 NAAQS, and July 1, 2013 for
the 2010 SO2 NAAQS (collectively, the
Three Submittals). For the Three
Submittals, EPA had previously
approved those submittals as addressing
certain requirements in section
110(a)(2), and specifically stated EPA
would take later separate action, for
each of the NAAQS addressed, on
section 110(a)(2)(E)(ii) which requires a
state’s SIP to meet the requirements of
CAA section 128. See 79 FR 3504
(January 22, 2014), 79 FR 19001 (April
7, 2014), and 79 FR 62022 (October 16,
2014).
II. Summary of SIP Revision
This rulemaking action approves
certain statutory provisions for the West
Virginia SIP submitted by WVDEP to
meet the requirements of section 128 of
the CAA. Upon meeting the
requirements of section 128, West
Virginia will also meet the requirements
of section 110(a)(2)(E)(ii) of the CAA for
all criteria pollutants of the NAAQS in
relation to State Boards.
WVDEP submitted these statutory
provisions for inclusion in the West
Virginia SIP to meet requirements of
section 128. These West Virginia
statutory provisions are in the West
Virginia Governmental Ethics Act set
forth in West Virginia Code 6B,
specifically in W.V. Code section
6B–1–3 (Definitions), section 6B–2–6
(Financial disclosure statement; filing
requirements), and section 6B–2–7
(Financial disclosure statement;
contents). In the July 24, 2014 SIP
submittal, WVDEP states that any
potential conflicts of interest by the
head of an executive agency that
approves permits or enforcement orders
must be disclosed pursuant to the West
VerDate Sep<11>2014
14:17 Mar 06, 2015
Jkt 235001
Virginia Governmental Ethics Act found
in W.V. Code sections 6B–1–3, 6B–2–6,
and 6B–2–7. In order to meet the
requirements of CAA sections 128 and
110(a)(2)(E)(ii), West Virginia is seeking
to incorporate into the SIP these
relevant provisions of the West Virginia
Code.
III. The State Boards Requirements and
EPA’s Analysis of West Virginia’s
Submittal
As previously stated, section 128 of
the CAA requires that SIPs include
provisions which provide: (1) Any
board or body which approves permits
or enforcement orders under the CAA
have at least a majority of its members
represent the public interest and not
derive any significant portion of their
income from persons subject to permits
or enforcement orders under the CAA;
and (2) any potential conflict of interest
by members of such board or body or
the head of an executive agency with
similar powers be adequately disclosed.
The requirements of section 128(a)(1)
are not applicable to West Virginia
because it does not have any board or
body which approves air quality permits
or enforcement orders. To address
requirements in section 128(a)(2), West
Virginia submitted for incorporation
into its SIP the relevant portions of the
West Virginia Code 6B, specifically
W.V. Code sections 6B–1–3
(Definitions), 6B–2–6 (Financial
disclosure statement; filing
requirements), and 6B–2–7 (Financial
disclosure statement; contents).
According to WVDEP, the Secretary of
WVDEP, or his/her designees, approve
all CAA permits and enforcement orders
in West Virginia. West Virginia Code 6B
at W.V. Code section 6B–2–6 and
section 6B–2–7 require secretaries of
departments, commissioners, deputy
commissioners, assistant
commissioners, directors, deputy
directors, assistant directors,
department heads, deputy department
heads and assistant department heads to
disclose annually relevant information
including certain direct and indirect
financial interests, employment,
business interests, income and sources
of income, financial liabilities,
participation on boards of directors, and
gifts. The West Virginia Code at W.V.
Code section 6B–1–3 also contains
relevant definitions for terms used in
W.V. Code sections 6B–2–6 and 6B–2–
7. EPA finds these West Virginia
statutory provisions provide for
adequate disclosure of potential
conflicts of interest. This SIP revision
will incorporate existing West Virginia
law into the SIP and demonstrates that
West Virginia complies with the
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
requirements of sections 128 for all
NAAQS pollutants through the relevant
sections of West Virginia Code 6B.
Thus, EPA finds the July 24, 2014 SIP
submittal addresses the relevant State
Boards requirements in section 128 for
West Virginia.
IV. Infrastructure Requirements and
EPA’s Analysis of West Virginia’s
Submittals
Whenever new or revised NAAQS are
promulgated, the CAA requires states to
submit a plan for the implementation,
maintenance, and enforcement of such
NAAQS. The plan is required to address
basic program elements including, but
not limited to, regulatory structure,
monitoring, modeling, legal authority,
and adequate resources necessary to
assure attainment and maintenance of
the standards. These elements are
referred to as infrastructure
requirements. In particular, the
infrastructure requirements of section
110(a)(2)(E)(ii) require that each state’s
SIP meet the requirements of section
128.
On the following dates, and for the
applicable NAAQS, West Virginia
submitted infrastructure SIP submittals
to meet the requirements of CAA section
110(a)(2): February 21, 2012 for the 2008
O3 NAAQS, December 13, 2012 for the
2010 NO2 NAAQS, and July 1, 2013 for
the 2010 SO2 NAAQS.
EPA has approved these submittals as
meeting certain requirements or
elements in section 110(a)(2) for the
applicable NAAQS but has stated in
each of these approvals that EPA would
take later, separate action for
requirements in section 110(a)(2)(E)(ii).
For a discussion of EPA’s approach to
reviewing infrastructure SIPs, including
our longstanding interpretation of
requirements for section 110(a)(1) and
(2), our interpretation that the CAA
allows states to make multiple SIP
submissions separately addressing
infrastructure SIP elements in section
110(a)(2) for a specific NAAQS, and our
interpretation that EPA has the ability to
act on separate elements of 110(a)(2) for
a NAAQS in separate rulemaking
actions, see our proposed approvals of
West Virginia’s infrastructure SIPs for
the 2008 O3 NAAQS and the 2010 NO2
and SO2 NAAQS. See 78 FR 39650 (July
2, 2013) (2008 O3 NAAQS), 78 FR 65593
(November 1, 2013) (2010 NO2 NAAQS),
and 79 FR 27524 (May 14, 2014) (2010
SO2 NAAQS).
With the July 24, 2014 SIP submittal
from West Virginia, EPA finds that the
West Virginia SIP adequately addresses
all requirements in CAA section 128
and section 110(a)(2)(E)(ii). Thus, EPA
is now approving the section
E:\FR\FM\09MRR1.SGM
09MRR1
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations
12347
110(a)(2)(E)(ii) infrastructure element
for the Three Submittals for the 2008 O3,
2010 NO2, and 2010 SO2 NAAQS.
VII. Statutory and Executive Order
Reviews
costs on tribal governments or preempt
tribal law.
A. General Requirements
V. Final Action
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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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 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
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).
EPA is approving the July 24, 2014
West Virginia SIP revision that
addresses the requirements of sections
128 and 110(a)(2)(E)(ii) of the CAA for
all criteria pollutants of the NAAQS.
EPA is also specifically approving West
Virginia’s February 21, 2012 SIP
revision for the 2008 O3 NAAQS, the
December 13, 2012 SIP revision for the
2010 NO2 NAAQS, and the July 1, 2013
SIP revision for the 2010 SO2 NAAQS
as addressing the requirements in
section 110(a)(2)(E)(ii) of the CAA. EPA
is publishing this rule without prior
proposal because EPA views this as a
noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on May
8, 2015 without further notice unless
EPA receives adverse comment by April
8, 2015. If EPA receives adverse
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. EPA will address all
public comments in a subsequent final
rule based on the proposed rule. EPA
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
rmajette on DSK2TPTVN1PROD with RULES
VI. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the West Virginia Code sections
described in the proposed amendments
to 40 CFR part 52 set forth below. The
EPA has made, and will continue to
make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
VerDate Sep<11>2014
14:17 Mar 06, 2015
Jkt 235001
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
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 May 8, 2015. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking
action. This action, approving West
Virginia submissions meeting section
128 and approving the infrastructure
element E(ii) for three NAAQS
submittals, 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,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: February 12, 2015.
William C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
E:\FR\FM\09MRR1.SGM
09MRR1
12348
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations
a. Paragraph (c) is amended by adding
a table entitled ‘‘EPA-Approved
Regulations and Statutes’’ after the
existing table; and
■ b. The table in paragraph (e) is
amended by revising the entries for:
■ i. Section 110(a)(2) Infrastructure
Requirements for the 2008 8-Hour
Ozone NAAQS,
■ ii. Section 110(a)(2) Infrastructure
Requirements for the 2010 nitrogen
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
■
2. In § 52.2520:
dioxide NAAQS, and Section 110(a)(2)
Infrastructure Requirements for the 2010
1-Hour Sulfur Dioxide NAAQS.
The addition and revisions read as
follows:
§ 52.2520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS AND STATUTES
State citation
State
effective
date
Title/subject
EPA approval date
Explanation [former SIP citation]
West Virginia Code 6B—Ethics Standards and Financial Disclosure
6B–1–3 .........
Definitions .......................................
10/1/2014
6B–2–6 .........
Financial disclosure statement; filing requirements.
Financial disclosure statement;
contents.
10/1/2014
6B–2–7 .........
*
*
*
*
*
10/1/2014
Addresses CAA section 128.
Addresses CAA section 128.
Addresses CAA section 128.
(e) * * *
Name of non-regulatory
SIP revision
Applicable geographic area
State submittal
date
*
Section 110(a)(2) Infrastructure Requirements
for the 2008 8-Hour
Ozone NAAQS.
*
Statewide ..........
*
8/31/11, 2/17/12
2/17/12 .............
7/24/14 .............
*
Section 110(a)(2) Infrastructure Requirements
for the 2010 nitrogen dioxide NAAQS.
3/9/2015 [Insert Federal Register
citation].
3/9/2015 [Insert Federal Register
citation].
3/9/2015 [Insert Federal Register
citation].
Additional explanation
*
*
*
*
10/17/12, 77 FR 63736 .. Approval of the following PSD-related elements or
portions thereof: 110(a)(2)(C), (D)(i)(II), and (J),
except taking no action on the definition of
‘‘regulated NSR pollutant’’ found at 45CSR14
section 2.66 only as it relates to the requirement
to include condensable emissions of particulate
matter in that definition. See § 52.2522(i).
4/7/2014, 79 FR 19001 .. This action addresses the following CAA elements, or portions thereof: 110(a)(2)(A), (B),
(C), (D), (E), (F), (G), (H), (J), (K), (L), and (M).
3/9/15 [Insert Federal
Addresses CAA element 110(a)(2)(E)(ii).
Register citation].
*
Statewide ..........
*
12/13/12 ...........
*
*
*
*
1/22/14, 78 FR 3504 ...... This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L), and (M), or portions thereof.
7/24/14 .............
*
Section 110(a)(2) Infrastructure Requirements
for the 2010 1-Hour
Sulfur Dioxide NAAQS.
*
Statewide ..........
EPA approval date
3/9/15 [Insert Federal
Register citation].
*
6/25/13 .............
*
*
*
*
10/16/14, 79 FR 62035 .. This action addresses the following CAA elements: 110(a)(2)(A), (B), (C) (enforcement and
minor new source review), (D)(ii), (E)(i) and (iii),
(F), (G), (H), (J) (consultation, public notification,
and visibility protection), (K), (L), and (M).
3/9/15 [Insert Federal
Addresses CAA element 110(a)(2)(E)(ii).
Register citation].
rmajette on DSK2TPTVN1PROD with RULES
7/24/14 .............
*
VerDate Sep<11>2014
*
14:17 Mar 06, 2015
*
Jkt 235001
PO 00000
*
Frm 00028
Fmt 4700
Addresses CAA element 110(a)(2)(E)(ii).
*
Sfmt 4700
E:\FR\FM\09MRR1.SGM
*
09MRR1
*
Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations
*
*
*
*
*
[FR Doc. 2015–05222 Filed 3–6–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–XD775
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Fishing Year
2014 Sector Exemption
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final grant of regulatory
exemptions.
AGENCY:
The Regional Administrator,
Greater Atlantic Region, NMFS, has
approved a request for exemptions from
two recently implemented Gulf of
Maine cod interim management
measures.
SUMMARY:
The effective dates of these
regulatory exemptions are from March
4, 2015 through April 30, 2015. The
regulatory exemptions were applicable
on March 3, 2015.
FOR FURTHER INFORMATION CONTACT:
William Whitmore, Fisheries Policy
Analyst, 978–281–9182.
SUPPLEMENTARY INFORMATION:
On March 3, 2015, we granted several
groundfish sectors their request for
exemptions from two management
measures implemented in a temporary
rule intended to enhance protections for
Gulf of Maine (GOM) cod (79 FR 67362;
November 13, 2014). The GOM cod
interim rule implemented several
management restrictions including: (1)
A GOM cod trip limit of 200 lb (90.7 kg)
for groundfish sector vessels and; (2) a
restriction limiting commercial limited
access groundfish vessels to fishing only
in the GOM broad stock area (BSA) for
the duration of the declared trip. The
interim rule also established a series of
time and area closures to protect GOM
cod but we are not relieving or granting
any exemptions from those closures.
On February 9, 2015, we received an
exemption request from several sectors.
These sectors worked together to
assemble 30 mt of GOM cod annual
catch entitlement (ACE), which was
traded to Northeast Fishery Sector IV, a
lease-only sector with no active fishing
effort. That sector proposed to withhold
and render unusable that 30 mt of GOM
rmajette on DSK2TPTVN1PROD with RULES
DATES:
VerDate Sep<11>2014
14:17 Mar 06, 2015
Jkt 235001
cod ACE, including preventing its use
for potential carryover to the next
fishing year, if sectors are granted
regulatory exemptions from the GOM
cod trip limit and GOM BSA restriction.
As explained in our February 23,
2015, notice (80 FR 9438), the sectors
proposed to implement a management
measure we did not include in our
November 13, 2014, GOM cod interim
rule: A reduction to the ACE available
to those sectors that have opted to fish
under these regulatory exemptions for
the remainder of the fishing year.
Because the fishing industry will
continue to fish through the end of the
fishing year, and will continue to
encounter GOM cod, the sector
exemptions would establish a firm 30mt reduction in the limit on total cod
catch that is expected to be greater than
the mortality reduction that would
otherwise be achieved through the
interim trip-limit measure. In addition
to an actual reduction in the total
potential cod catch, these sector
exemptions should reduce regulatory
discards, reduce management
uncertainty affiliated with catch and
mortality, and improve catch yield,
while providing greater operational
flexibility. For these reasons, we have
determined that these exemptions are
consistent with the goals and objectives
of the interim measures and the fishery
management plan.
Also in our February 23, 2015, notice,
we proposed a daily catch reporting
requirement in place of the BSA
exemption. This requirement was
intended to address our concerns about
the accurate apportionment of catch
between the BSAs and the incentive to
misreport catch on unobserved trips to
avoid potentially constraining catch
limits. We noted these same concerns in
our 2014 interim action for GOM cod.
Additionally, this issue was discussed
during the development of Framework
Adjustment 53 to the Northeast
Multispecies Fishery Management Plan,
and is noted in various analyses
prepared by the Council in support of
Framework 53. We are continuing to
consider the possibility of additional
reporting requirements (e.g., daily
Vessel Monitoring System catch reports)
for commercial groundfish vessels that
could improve attribution of catch and
help reduce the incentive to misreport.
We are not specifically requiring these
additional requirements in this action,
however, to provide time for further
deliberation. We intend to further
consult with the Council on this issue
to explore whether additional reporting
requirements implemented through a
future rule-making could help address
the noted concerns.
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
12349
We received a total of 24 comments in
response to our February 23 notice
soliciting public comment on the sector
exemption request: 16 comments in
support of the exemption requests; 3
partially supporting the requests; 4
opposed to the requests; and 1 comment
that was not applicable to the
exemptions. Comments were submitted
by 17 members of the fishing industry,
Maine Division of Marine Resources
(ME DMR), Massachusetts Division of
Marine Fisheries (MA DMF), and four
environmental non-governmental
organizations. Most of the commenters
simply favored or opposed granting the
exemption requests and did not
otherwise substantively address the
details of the exemptions. ME DMR
supports the exemptions and the
additional flexibility they would
provide to fishermen, but expressed
some concern about GOM cod catch
reporting. In addition to supporting our
granting the exemption request, MA
DMF submitted lengthy comments,
including several questions and requests
for clarifications, which we respond to
further below.
Several commenters opposed
removing the GOM BSA restriction due
to concern that vessels could misreport
GOM cod catch as Georges Bank cod.
While we understand this concern, this
is a larger issue that should be
addressed through a more long-term
solution developed by the New England
Fishery Management Council. We
intend to further consult with the
Council on this issue.
Some commenters claimed that the
exemptions provided benefits to larger
vessels that could fish offshore but did
relatively little to help inshore fishing
vessels. Most of the GOM cod stock is
located inshore in the western Gulf of
Maine. Therefore, in order to protect the
most concentrated stocks of GOM cod,
we need to reduce fishing efforts
inshore. This is why the majority of the
seasonal interim closure areas are
inshore and the inshore/dayboat fleet is
affected the most by the GOM cod
seasonal interim closure areas. We
considered these exemption requests as
they were presented to us. Our analyses
showed a more certain benefit to the
fishery overall than the likely potential
benefit from maintaining trip limits or
the single GOM BSA restriction. Based
on this, we have determined that these
exemptions fairly and reasonably
promote overall conservation consistent
with the goals and objectives of the
groundfish fishery management plan.
The Conservation Law Foundation
(CLF) and the Center for Biological
Diversity (CBD) opposed the exemption
requests because they do not adequately
E:\FR\FM\09MRR1.SGM
09MRR1
Agencies
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Rules and Regulations]
[Pages 12345-12349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05222]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0903; FRL-9924-02-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; State Boards Requirements; Infrastructure Requirements
for the 2008 Ozone, 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the West Virginia State
Implementation Plan (SIP). The SIP revision addresses the State Boards
requirements for all criteria pollutants of the National Ambient Air
Quality Standards (NAAQS). EPA is also approving a related
infrastructure element from the West Virginia February 21, 2012 SIP
submittal for the 2008 ozone (O3) NAAQS, the December 13,
2012 SIP submittal for the 2010 nitrogen dioxide (NO2)
NAAQS, and the July 1, 2013 SIP submittal for the 2010 sulfur dioxide
(SO2) NAAQS. EPA is approving this SIP revision in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on May 8, 2015 without further notice,
unless EPA receives adverse written comment by April 8, 2015. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0903 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: powers.marilyn@epa.gov.
C. Mail: EPA-R03-OAR-2014-0903, Marilyn Powers, Acting Associate
Director, Office of Air Program Planning, Air Protection Division,
Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0903. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street SE., Charleston,
WV 25304.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 128 of the CAA requires SIPs to include certain
requirements regarding State Boards; section 110(a)(2)(E)(ii) of the
CAA also references these requirements. Section 128(a) requires SIPs to
contain provisions that: (1) Any board or body which approves permits
or enforcement orders under the CAA shall have at least a majority of
its members represent the public interest and not derive any
significant portion of their income from persons subject to permits or
enforcement orders under the CAA; and (2) any potential conflict of
interest by members of such board or body or the head of an executive
agency with similar powers be adequately disclosed. The requirements of
section 128(a)(1) are not applicable to West Virginia because it does
not have any board or body which approves air quality permits or
enforcement orders. The
[[Page 12346]]
requirements of section 128(a)(2), however, are applicable because the
head of the West Virginia Department of Environmental Protection
(WVDEP), or his/her designees, approve permits or enforcement orders
within West Virginia.
On July 24, 2014, the State of West Virginia, through WVDEP,
submitted a SIP revision to address the requirements of section 128 for
all criteria pollutants of the NAAQS in relation to State Boards. The
SIP revision consists of relevant portions of West Virginia Code 6B of
the West Virginia Governmental Ethics Act for inclusion into the West
Virginia SIP.
In addition, this rulemaking action approves the section
110(a)(2)(E)(ii) infrastructure element from the following West
Virginia infrastructure SIP submittals for each identified NAAQS:
February 21, 2012 for the 2008 O3 NAAQS, December 13, 2012
for the 2010 NO2 NAAQS, and July 1, 2013 for the 2010
SO2 NAAQS (collectively, the Three Submittals). For the
Three Submittals, EPA had previously approved those submittals as
addressing certain requirements in section 110(a)(2), and specifically
stated EPA would take later separate action, for each of the NAAQS
addressed, on section 110(a)(2)(E)(ii) which requires a state's SIP to
meet the requirements of CAA section 128. See 79 FR 3504 (January 22,
2014), 79 FR 19001 (April 7, 2014), and 79 FR 62022 (October 16, 2014).
II. Summary of SIP Revision
This rulemaking action approves certain statutory provisions for
the West Virginia SIP submitted by WVDEP to meet the requirements of
section 128 of the CAA. Upon meeting the requirements of section 128,
West Virginia will also meet the requirements of section
110(a)(2)(E)(ii) of the CAA for all criteria pollutants of the NAAQS in
relation to State Boards.
WVDEP submitted these statutory provisions for inclusion in the
West Virginia SIP to meet requirements of section 128. These West
Virginia statutory provisions are in the West Virginia Governmental
Ethics Act set forth in West Virginia Code 6B, specifically in W.V.
Code section 6B-1-3 (Definitions), section 6B-2-6 (Financial disclosure
statement; filing requirements), and section 6B-2-7 (Financial
disclosure statement; contents). In the July 24, 2014 SIP submittal,
WVDEP states that any potential conflicts of interest by the head of an
executive agency that approves permits or enforcement orders must be
disclosed pursuant to the West Virginia Governmental Ethics Act found
in W.V. Code sections 6B-1-3, 6B-2-6, and 6B-2-7. In order to meet the
requirements of CAA sections 128 and 110(a)(2)(E)(ii), West Virginia is
seeking to incorporate into the SIP these relevant provisions of the
West Virginia Code.
III. The State Boards Requirements and EPA's Analysis of West
Virginia's Submittal
As previously stated, section 128 of the CAA requires that SIPs
include provisions which provide: (1) Any board or body which approves
permits or enforcement orders under the CAA have at least a majority of
its members represent the public interest and not derive any
significant portion of their income from persons subject to permits or
enforcement orders under the CAA; and (2) any potential conflict of
interest by members of such board or body or the head of an executive
agency with similar powers be adequately disclosed.
The requirements of section 128(a)(1) are not applicable to West
Virginia because it does not have any board or body which approves air
quality permits or enforcement orders. To address requirements in
section 128(a)(2), West Virginia submitted for incorporation into its
SIP the relevant portions of the West Virginia Code 6B, specifically
W.V. Code sections 6B-1-3 (Definitions), 6B-2-6 (Financial disclosure
statement; filing requirements), and 6B-2-7 (Financial disclosure
statement; contents).
According to WVDEP, the Secretary of WVDEP, or his/her designees,
approve all CAA permits and enforcement orders in West Virginia. West
Virginia Code 6B at W.V. Code section 6B-2-6 and section 6B-2-7 require
secretaries of departments, commissioners, deputy commissioners,
assistant commissioners, directors, deputy directors, assistant
directors, department heads, deputy department heads and assistant
department heads to disclose annually relevant information including
certain direct and indirect financial interests, employment, business
interests, income and sources of income, financial liabilities,
participation on boards of directors, and gifts. The West Virginia Code
at W.V. Code section 6B-1-3 also contains relevant definitions for
terms used in W.V. Code sections 6B-2-6 and 6B-2-7. EPA finds these
West Virginia statutory provisions provide for adequate disclosure of
potential conflicts of interest. This SIP revision will incorporate
existing West Virginia law into the SIP and demonstrates that West
Virginia complies with the requirements of sections 128 for all NAAQS
pollutants through the relevant sections of West Virginia Code 6B.
Thus, EPA finds the July 24, 2014 SIP submittal addresses the relevant
State Boards requirements in section 128 for West Virginia.
IV. Infrastructure Requirements and EPA's Analysis of West Virginia's
Submittals
Whenever new or revised NAAQS are promulgated, the CAA requires
states to submit a plan for the implementation, maintenance, and
enforcement of such NAAQS. The plan is required to address basic
program elements including, but not limited to, regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the standards. These elements
are referred to as infrastructure requirements. In particular, the
infrastructure requirements of section 110(a)(2)(E)(ii) require that
each state's SIP meet the requirements of section 128.
On the following dates, and for the applicable NAAQS, West Virginia
submitted infrastructure SIP submittals to meet the requirements of CAA
section 110(a)(2): February 21, 2012 for the 2008 O3 NAAQS,
December 13, 2012 for the 2010 NO2 NAAQS, and July 1, 2013
for the 2010 SO2 NAAQS.
EPA has approved these submittals as meeting certain requirements
or elements in section 110(a)(2) for the applicable NAAQS but has
stated in each of these approvals that EPA would take later, separate
action for requirements in section 110(a)(2)(E)(ii). For a discussion
of EPA's approach to reviewing infrastructure SIPs, including our
longstanding interpretation of requirements for section 110(a)(1) and
(2), our interpretation that the CAA allows states to make multiple SIP
submissions separately addressing infrastructure SIP elements in
section 110(a)(2) for a specific NAAQS, and our interpretation that EPA
has the ability to act on separate elements of 110(a)(2) for a NAAQS in
separate rulemaking actions, see our proposed approvals of West
Virginia's infrastructure SIPs for the 2008 O3 NAAQS and the
2010 NO2 and SO2 NAAQS. See 78 FR 39650 (July 2,
2013) (2008 O3 NAAQS), 78 FR 65593 (November 1, 2013) (2010
NO2 NAAQS), and 79 FR 27524 (May 14, 2014) (2010
SO2 NAAQS).
With the July 24, 2014 SIP submittal from West Virginia, EPA finds
that the West Virginia SIP adequately addresses all requirements in CAA
section 128 and section 110(a)(2)(E)(ii). Thus, EPA is now approving
the section
[[Page 12347]]
110(a)(2)(E)(ii) infrastructure element for the Three Submittals for
the 2008 O3, 2010 NO2, and 2010 SO2
NAAQS.
V. Final Action
EPA is approving the July 24, 2014 West Virginia SIP revision that
addresses the requirements of sections 128 and 110(a)(2)(E)(ii) of the
CAA for all criteria pollutants of the NAAQS. EPA is also specifically
approving West Virginia's February 21, 2012 SIP revision for the 2008
O3 NAAQS, the December 13, 2012 SIP revision for the 2010
NO2 NAAQS, and the July 1, 2013 SIP revision for the 2010
SO2 NAAQS as addressing the requirements in section
110(a)(2)(E)(ii) of the CAA. EPA is publishing this rule without prior
proposal because EPA views this as a noncontroversial amendment and
anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on May 8, 2015
without further notice unless EPA receives adverse comment by April 8,
2015. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
VI. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the West Virginia Code sections described in the proposed
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
VII. 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 Order
12866 (58 FR 51735, October 4, 1993);
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 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 May 8, 2015. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action, approving West Virginia submissions
meeting section 128 and approving the infrastructure element E(ii) for
three NAAQS submittals, 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: February 12, 2015.
William C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
[[Page 12348]]
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
0
2. In Sec. 52.2520:
0
a. Paragraph (c) is amended by adding a table entitled ``EPA-Approved
Regulations and Statutes'' after the existing table; and
0
b. The table in paragraph (e) is amended by revising the entries for:
0
i. Section 110(a)(2) Infrastructure Requirements for the 2008 8-Hour
Ozone NAAQS,
0
ii. Section 110(a)(2) Infrastructure Requirements for the 2010 nitrogen
dioxide NAAQS, and Section 110(a)(2) Infrastructure Requirements for
the 2010 1-Hour Sulfur Dioxide NAAQS.
The addition and revisions read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation [former
date SIP citation]
----------------------------------------------------------------------------------------------------------------
West Virginia Code 6B--Ethics Standards and Financial Disclosure
----------------------------------------------------------------------------------------------------------------
6B-1-3.................. Definitions........... 10/1/2014 3/9/2015 [Insert Addresses CAA section
Federal Register 128.
citation].
6B-2-6.................. Financial disclosure 10/1/2014 3/9/2015 [Insert Addresses CAA section
statement; filing Federal Register 128.
requirements. citation].
6B-2-7.................. Financial disclosure 10/1/2014 3/9/2015 [Insert Addresses CAA section
statement; contents. Federal Register 128.
citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable EPA approval Additional
revision geographic area State submittal date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide........... 8/31/11, 2/17/12.... 10/17/12, 77 FR Approval of the
Infrastructure Requirements 63736. following PSD-
for the 2008 8-Hour Ozone related elements or
NAAQS. portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J), except taking
no action on the
definition of
``regulated NSR
pollutant'' found
at 45CSR14 section
2.66 only as it
relates to the
requirement to
include condensable
emissions of
particulate matter
in that definition.
See Sec.
52.2522(i).
2/17/12............. 4/7/2014, 79 FR This action
19001. addresses the
following CAA
elements, or
portions thereof:
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M).
7/24/14............. 3/9/15 [Insert Addresses CAA
Federal element
Register 110(a)(2)(E)(ii).
citation].
* * * * * * *
Section 110(a)(2) Statewide........... 12/13/12............ 1/22/14, 78 FR This action
Infrastructure Requirements 3504. addresses the
for the 2010 nitrogen following CAA
dioxide NAAQS. elements:
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M), or
portions thereof.
7/24/14............. 3/9/15 [Insert Addresses CAA
Federal element
Register 110(a)(2)(E)(ii).
citation].
* * * * * * *
Section 110(a)(2) Statewide........... 6/25/13............. 10/16/14, 79 FR This action
Infrastructure Requirements 62035. addresses the
for the 2010 1-Hour Sulfur following CAA
Dioxide NAAQS. elements:
110(a)(2)(A), (B),
(C) (enforcement
and minor new
source review),
(D)(ii), (E)(i) and
(iii), (F), (G),
(H), (J)
(consultation,
public
notification, and
visibility
protection), (K),
(L), and (M).
7/24/14............. 3/9/15 [Insert Addresses CAA
Federal element
Register 110(a)(2)(E)(ii).
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 12349]]
* * * * *
[FR Doc. 2015-05222 Filed 3-6-15; 8:45 am]
BILLING CODE 6560-50-P