Approval and Promulgation of Implementation Plans; Florida; Regional Haze Plan Amendment-Lakeland Electric C.D. McIntosh, 64344-64346 [2015-26935]
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64344
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
(h) The Superintendent may prohibit
or restrict the non-subsistence taking of
wildlife in accordance with the
provisions of § 13.50.
(i) A person may not intentionally
obstruct or hinder another person’s
lawful hunting or trapping by:
(1) Placing oneself in a location in
which human presence may alter the
behavior of the game that another
person is attempting to take or the
imminent feasibility of taking game by
another person; or
(2) Creating a visual, aural, olfactory,
or physical stimulus in order to alter the
behavior of the game that another
person is attempting to take.
■ 5. Revise § 13.50 to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
§ 13.50 Closure and restriction
procedures.
(a) Applicability and authority. The
Superintendent will follow the
provisions of this section to close an
area or restrict an activity, or terminate
or relax a closure or restriction, in NPS
areas in Alaska.
(b) Factors. In determining whether to
close an area or restrict an activity, or
whether to terminate or relax a closure
or restriction, the Superintendent must
ensure that the activity or area is
managed in a manner compatible with
the purposes for which the park area
was established. The Superintendent’s
decision under this paragraph must
therefore be guided by factors such as
public health and safety, resource
protection, protection of cultural or
scientific values, subsistence uses,
conservation of endangered or
threatened species, and other
management considerations.
(c) Rulemaking requirements. This
paragraph applies only to a closure or
restriction, or the termination or
relaxation of such, which is of a nature,
magnitude and duration that will result
in a significant alteration in the public
use pattern of the area; adversely affect
the area’s natural, aesthetic, scenic, or
cultural values; or require a long-term
modification in the resource
management objectives of the area.
Except in emergency situations, the
closure or restriction, or the termination
or relaxation of such, must be published
as a rulemaking in the Federal Register.
(d) Written determination. Except in
emergency situations, prior to
implementing or terminating a closure
or restriction, the superintendent shall
prepare a written determination
justifying the action. That determination
shall set forth the reasons the closure or
restriction authorized by paragraph (a)
of this section has been established.
This determination will be posted on
the NPS Web site at www.nps.gov.
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16:44 Oct 22, 2015
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(e) Restrictions on taking fish or
wildlife. (1) Except in emergencies, the
NPS will consult with the State agency
having responsibility over fishing,
hunting, or trapping and provide an
opportunity for public comment,
including one or more public meetings
near the affected NPS unit, prior to
implementing a closure or restriction on
taking fish or wildlife.
(2) Emergency closures or restrictions
may not exceed a period of 60 days and
may not be extended without following
the nonemergency procedures of this
section.
(f) Notice. A list of closures and
restrictions will be compiled in writing
and updated annually. The list will be
posted on the NPS Web site at
www.nps.gov and made available at park
headquarters. Additional means of
notice reasonably likely to inform
residents in the affected vicinity will
also be provided where available, such
as:
(1) Publication in a newspaper of
general circulation in the State or in
local newspapers;
(2) Use of electronic media, such as
the internet and email lists;
(3) Radio broadcast; or
(4) Posting of signs in the local
vicinity.
(g) Violating a closure or restriction is
prohibited.
§ 13.400
[Amended]
6. In § 13.400, remove paragraph (e)
and redesignate paragraph (f) as new
paragraph (e).
■
■
7. Revise § 13.470 to read as follows:
§ 13.470
Subsistence fishing.
Fish may be taken by local rural
residents for subsistence uses in park
areas where subsistence uses are
allowed in compliance with applicable
Federal law and regulation, including
the provisions of §§ 2.3 and 13.40 of this
chapter. Local rural residents in park
areas where subsistence uses are
allowed may fish with a net, seine, trap,
or spear; or use native species as bait,
where permitted by applicable Federal
law and regulation.
■
8. Revise § 13.480 to read as follows:
§ 13.480 Subsistence hunting and
trapping.
Local rural residents may hunt and
trap wildlife for subsistence uses in park
areas where subsistence uses are
allowed in compliance with this chapter
and 50 CFR part 100.
9. In § 13.490, revise paragraph (a) to
read as follows:
■
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Fmt 4700
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§ 13.490 Closures and restrictions to
subsistence uses of fish and wildlife.
(a) The Superintendent may
temporarily restrict a subsistence
activity or close all or part of a park area
to subsistence uses of a fish or wildlife
population after consultation with the
State and the Federal Subsistence Board
in accordance with the provisions of
this section. The Superintendent may
make a temporary closure or restriction
notwithstanding any other provision of
this part, and only if the following
conditions are met:
(1) The restriction or closure must be
necessary for reasons of public safety,
administration, or to ensure the
continued viability of the fish or
wildlife population;
(2) Except in emergencies, the
Superintendent must provide public
notice and hold a public hearing near
the affected NPS unit;
(3) The restriction or closure may last
only so long as reasonably necessary to
achieve the purposes of the closure.
*
*
*
*
*
Dated: September 9, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2015–26813 Filed 10–22–15; 8:45 am]
BILLING CODE 4310–EJ–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0337; FRL–9936–05–
Region 4]
Approval and Promulgation of
Implementation Plans; Florida;
Regional Haze Plan Amendment—
Lakeland Electric C.D. McIntosh
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
the State of Florida’s March 10, 2015,
State Implementation Plan (SIP)
revision, submitted by the Florida
Department of Environmental Protection
(FDEP). This submittal fulfills Florida’s
commitment to EPA to provide a
regional haze SIP revision with a Best
Available Retrofit Technology (BART)
nitrogen oxides (NOx) emissions limit
for Unit 1 at the Lakeland Electric—C.D.
McIntosh Power Plant (McIntosh)
reflecting best operating practices for
good combustion. States are required to
address the BART provisions of the
Clean Air Act (CAA or Act) and EPA’s
SUMMARY:
E:\FR\FM\23OCR1.SGM
23OCR1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
regional haze regulations as part of a
program to prevent any future and
remedy any existing anthropogenic
impairment of visibility in mandatory
Class I areas (national parks and
wilderness areas) caused by emissions
of air pollutants from numerous sources
located over a wide geographic area
(also referred to as the ‘‘regional haze
program’’) and to assure reasonable
progress toward the national goal of
achieving natural visibility conditions
in Class I areas. In this action, EPA is
approving the BART NOx emissions
limit for Unit 1 at McIntosh into the
Florida SIP.
DATES: This rule is effective November
23, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0337. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Notarianni can be reached by phone at
(404) 562–9031 or via electronic mail at
notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 10, 2012, EPA proposed
to approve the BART and reasonable
progress determinations for a number of
EGUs in Florida as part of Florida’s
regional haze SIP. See 77 FR 73369. In
VerDate Sep<11>2014
16:44 Oct 22, 2015
Jkt 238001
that action, EPA proposed approval of
Florida’s BART determination for
emissions Units 1 and 2 at McIntosh
found subject to BART. On August 29,
2013, EPA issued a final, full approval
of Florida’s regional haze SIP. See 78 FR
53250. In that final action, EPA
approved the BART determination for
the McIntosh facility, including the
determination that the existing level of
control for NOx at Unit 1, best operating
practices for good combustion, is the
NOx BART control for Unit 1. See 78 FR
53263. As described in the August 29,
2013, final action, FDEP submitted a
letter to EPA dated July 30, 2013, in
which the State committed to provide
EPA with a regional haze SIP revision
no later than March 19, 2015, the
deadline for the State’s five-year
regional haze periodic progress report
SIP, that would include a NOx BART
emissions limit for Unit 1 reflecting best
operating practices for good
combustion. FDEP also committed to
modify the title V permit for McIntosh
to include this new limit.
To fulfill its commitment in
accordance with the July 30, 2013 letter,
the State of Florida submitted a SIP
revision dated March 10, 2015, revising
the State’s regional haze SIP to include
a NOx BART emissions limit for
McIntosh Unit 1 and a construction
permit (FDEP Permit No. 1050004–034–
AC) dated April 30, 2014, for Unit 1
containing this limit. The permit
contains supporting conditions (e.g.,
monitoring requirements) and a
condition specifying a schedule for
McIntosh to apply for a revision to its
title V permit to reflect the new permit
conditions.
In a notice of proposed rulemaking
(NPR) published on August 20, 2015,
EPA proposed to approve Florida’s
March 10, 2015, regional haze SIP
revision fulfilling the State’s July 20,
2013, commitment to provide EPA with
a SIP revision containing a NOx BART
emissions limit for McIntosh Unit 1
reflecting best operating practices for
good combustion and conditions to
modify the title V permit to incorporate
this limit. See 80 FR 50591. The details
of Florida’s submittal and the rationale
for EPA’s actions are explained in the
NPR. Comments on the proposed
rulemaking were due on or before
September 21, 2015. No adverse
comments were received.
II. Final Action
EPA is finalizing approval of the State
of Florida’s March 10, 2015, SIP
revision and revising the regional haze
SIP to include the NOx BART emissions
limit for Unit 1 and the April 30, 2014,
construction permit containing this
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Fmt 4700
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64345
limit. EPA is approving these changes to
the Florida SIP because the submission
meets the applicable regional haze
requirements as set forth in the CAA
and in EPA’s regional haze regulations
and the applicable requirements of
section 110 of the CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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);
• 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).
E:\FR\FM\23OCR1.SGM
23OCR1
64346
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
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).
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 December 22, 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. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 8, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
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 K—Florida
2. Section 52.520(e) is amended by
adding an entry for ‘‘Regional Haze Plan
Amendment 3’’ at the end of the table
to read as follows:
■
§ 52.520
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
Provision
*
Regional Haze Plan
Amendment 3.
State effective
date
*
4/30/2014
EPA approval date
Federal Register
notice
Explanation
*
10/23/2015 ...................
[Insert Federal Register citation].
*
*
[Insert Federal Register citation].
*
*
Establishes NOX BART emissions limit for Unit
1 at the Lakeland Electric—C.D. McIntosh
Power Plant and includes FDEP Permit No.
1050004–034–AC.
[FR Doc. 2015–26935 Filed 10–22–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2014–0562: FRL–9935–48–
Region 10]
Approval and Promulgation of
Implementation Plans; Oregon: Lane
Regional Air Protection Agency Open
Burning Rules and Oregon Department
of Environmental Quality Enforcement
Procedures
Environmental Protection
Agency.
ACTION: Direct final rule.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is approving into
Oregon’s State Implementation Plan
(SIP) a submittal from the Oregon
Department of Environmental Quality
(ODEQ) dated July 7, 2014, containing
revisions to the Lane Regional Air
SUMMARY:
VerDate Sep<11>2014
16:44 Oct 22, 2015
Jkt 238001
Protection Agency’s (LRAPA) open
burning rules adopted on March 14,
2008. The revised LRAPA open burning
rules make clarifications and provide for
additional controls of open burning
activities in Lane County, would reduce
particulate emissions in Lane County,
and would strengthen Oregon’s SIP. The
EPA is also approving a submittal from
the ODEQ dated June 30, 2014, to
update Oregon Administrative Rules
(OAR) that relate to procedures in
contested cases (appeals), enforcement
procedures, and civil penalties. The
EPA is approving most of the submitted
provisions because the revisions clarify
and strengthen the SIP and are
consistent with the Clean Air Act
(CAA). The EPA is not approving
certain provisions of the submitted rules
that do not relate to the requirements for
SIPs under section 110 of the CAA.
Finally, the EPA is correcting the SIP
pursuant to the authority of section
110(k)(6) of the CAA to remove certain
provisions previously approved by the
EPA that do not relate to the
PO 00000
Frm 00040
Fmt 4700
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requirements for SIPs under section 110
of the CAA.
DATES: This rule is effective on
December 22, 2015, without further
notice, unless the EPA receives adverse
comment by November 23, 2015. If the
EPA receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2014–0562, by any of the
following methods:
• Federal eRulemaking Portal https://
www.regulations.gov: Follow the on-line
instructions for submitting comments.
• Email: R10-Public_Comments@
epa.gov.
• Mail: Mr. Keith Rose, EPA Region
10, Office of Air, Waste, and Toxics,
AWT–150, 1200 Sixth Avenue, Suite
900, Seattle, WA 98101.
• Hand Delivery/Courier: EPA Region
10, 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101. Attention: Mr. Keith
Rose, Office of Air, Waste, and Toxics,
AWT–150. Such deliveries are only
E:\FR\FM\23OCR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Pages 64344-64346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26935]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0337; FRL-9936-05-Region 4]
Approval and Promulgation of Implementation Plans; Florida;
Regional Haze Plan Amendment--Lakeland Electric C.D. McIntosh
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of the State of Florida's March 10, 2015, State Implementation
Plan (SIP) revision, submitted by the Florida Department of
Environmental Protection (FDEP). This submittal fulfills Florida's
commitment to EPA to provide a regional haze SIP revision with a Best
Available Retrofit Technology (BART) nitrogen oxides (NOx) emissions
limit for Unit 1 at the Lakeland Electric--C.D. McIntosh Power Plant
(McIntosh) reflecting best operating practices for good combustion.
States are required to address the BART provisions of the Clean Air Act
(CAA or Act) and EPA's
[[Page 64345]]
regional haze regulations as part of a program to prevent any future
and remedy any existing anthropogenic impairment of visibility in
mandatory Class I areas (national parks and wilderness areas) caused by
emissions of air pollutants from numerous sources located over a wide
geographic area (also referred to as the ``regional haze program'') and
to assure reasonable progress toward the national goal of achieving
natural visibility conditions in Class I areas. In this action, EPA is
approving the BART NOx emissions limit for Unit 1 at McIntosh into the
Florida SIP.
DATES: This rule is effective November 23, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0337. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information 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 through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached by phone at (404) 562-9031 or
via electronic mail at notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 10, 2012, EPA proposed to approve the BART and
reasonable progress determinations for a number of EGUs in Florida as
part of Florida's regional haze SIP. See 77 FR 73369. In that action,
EPA proposed approval of Florida's BART determination for emissions
Units 1 and 2 at McIntosh found subject to BART. On August 29, 2013,
EPA issued a final, full approval of Florida's regional haze SIP. See
78 FR 53250. In that final action, EPA approved the BART determination
for the McIntosh facility, including the determination that the
existing level of control for NOx at Unit 1, best operating practices
for good combustion, is the NOx BART control for Unit 1. See 78 FR
53263. As described in the August 29, 2013, final action, FDEP
submitted a letter to EPA dated July 30, 2013, in which the State
committed to provide EPA with a regional haze SIP revision no later
than March 19, 2015, the deadline for the State's five-year regional
haze periodic progress report SIP, that would include a NOx BART
emissions limit for Unit 1 reflecting best operating practices for good
combustion. FDEP also committed to modify the title V permit for
McIntosh to include this new limit.
To fulfill its commitment in accordance with the July 30, 2013
letter, the State of Florida submitted a SIP revision dated March 10,
2015, revising the State's regional haze SIP to include a NOx BART
emissions limit for McIntosh Unit 1 and a construction permit (FDEP
Permit No. 1050004-034-AC) dated April 30, 2014, for Unit 1 containing
this limit. The permit contains supporting conditions (e.g., monitoring
requirements) and a condition specifying a schedule for McIntosh to
apply for a revision to its title V permit to reflect the new permit
conditions.
In a notice of proposed rulemaking (NPR) published on August 20,
2015, EPA proposed to approve Florida's March 10, 2015, regional haze
SIP revision fulfilling the State's July 20, 2013, commitment to
provide EPA with a SIP revision containing a NOx BART emissions limit
for McIntosh Unit 1 reflecting best operating practices for good
combustion and conditions to modify the title V permit to incorporate
this limit. See 80 FR 50591. The details of Florida's submittal and the
rationale for EPA's actions are explained in the NPR. Comments on the
proposed rulemaking were due on or before September 21, 2015. No
adverse comments were received.
II. Final Action
EPA is finalizing approval of the State of Florida's March 10,
2015, SIP revision and revising the regional haze SIP to include the
NOx BART emissions limit for Unit 1 and the April 30, 2014,
construction permit containing this limit. EPA is approving these
changes to the Florida SIP because the submission meets the applicable
regional haze requirements as set forth in the CAA and in EPA's
regional haze regulations and the applicable requirements of section
110 of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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);
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).
[[Page 64346]]
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
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).
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 December 22, 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. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 8, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
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 K--Florida
0
2. Section 52.520(e) is amended by adding an entry for ``Regional Haze
Plan Amendment 3'' at the end of the table to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State Federal Register
Provision effective date EPA approval date notice Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Regional Haze Plan Amendment 3. 4/30/2014 10/23/2015........ [Insert Federal Establishes NOX BART
[Insert Federal Register emissions limit for
Register citation]. Unit 1 at the Lakeland
citation]. Electric--C.D.
McIntosh Power Plant
and includes FDEP
Permit No. 1050004-034-
AC.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-26935 Filed 10-22-15; 8:45 am]
BILLING CODE 6560-50-P
