Approval and Promulgation of Air Quality Implementation Plans; Virginia; Prevention of Significant Deterioration; Fine Particulate Matter (PM2.5, 10181-10182 [2016-04240]
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Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Proposed Rules
submittal. If EPA disapproves the new
submittal, the conditionally approved
infrastructure SIP elements for all
affected pollutants will be disapproved.
In addition, a final disapproval triggers
the Federal Implementation Plan
requirement under section 110(c). If
EPA approves the new submittal, the
PSD program and relevant infrastructure
SIP elements will be fully approved and
replace the conditionally approved
program in the SIP.
EPA is soliciting public comments on
the issues discussed in this proposal or
on other relevant matters. These
comments will be considered before
EPA takes final action. Interested parties
may participate in the Federal
rulemaking procedure by submitting
written comments to the EPA New
England Regional Office listed in the
ADDRESSES section of this Federal
Register, or by submitting comments
electronically, by mail, or through hand
delivery/courier following the
directions in the ADDRESSES section of
this Federal Register.
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VI. Incorporation by Reference
In this rule, 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, EPA is
proposing to incorporate by reference
several Rhode Island statutes referenced
in Section V above. 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
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
proposed 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 proposed
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
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of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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: February 19, 2016.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2016–04405 Filed 2–26–16; 8:45 am]
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10181
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0006; FRL–9942–89–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Prevention of Significant Deterioration;
Fine Particulate Matter (PM2.5)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve the
State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Virginia which
revises Virginia’s Prevention of
Significant Deterioration (PSD) air
quality preconstruction permitting
program to be consistent with the
federal PSD regulations regarding the
use of the significant monitoring
concentration (SMC) and significant
impact levels (SILs) for fine particulate
matter (PM2.5) emissions. In the Final
Rules section of this Federal Register,
EPA is approving the State’s SIP
submittal as a direct final rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
DATES: Comments must be received in
writing by March 30, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0006 at https://
www.regulations.gov, or via email to
johansen.amy@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
SUMMARY:
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Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Proposed Rules
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Himanshu Vyas, (215) 814–2112, or by
email at vyas.himanshu@epa.gov.
SUPPLEMENTARY INFORMATION:
For further information, please see the
information provided in the direct final
action, with the same title, that is
located in the ‘‘Rules and Regulations’’
section of this Federal Register
publication.
Dated: February 12, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016–04240 Filed 2–26–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0835; FRL 9942–77–
Region 7]
Approval of Air Quality Implementation
Plans; Missouri State Implementation
Plan for the 2008 Lead Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to grant full
approval of Missouri’s attainment
demonstration State Implementation
Plan (SIP) for the lead National Ambient
Air Quality Standard (NAAQS) for the
Exide Technologies Canon Hollow
facility in Forest City, Missouri,
received by EPA on October 20, 2014.
The applicable standard addressed in
this action is the lead NAAQS
promulgated by EPA in 2008. EPA
believes that the SIP submitted by the
state satisfies the applicable
requirements of the Clean Air Act (CAA)
identified in EPA’s Final Rule published
on October 15, 2008 in the Federal
Register, and will bring the violating
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area into attainment of the 0.15
microgram per cubic meter (ug/m3) lead
NAAQS.
DATES: Comments must be received on
or before March 30, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0835, to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Publicly available docket materials
are available electronically at
www.regulations.gov and at EPA Region
7, 11201 Renner Boulevard, Lenexa,
Kansas 66219. Please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Stephanie Doolan, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Missouri 66219 at
(913) 551–7719, or by email at
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for the approval of
a SIP revision been met?
III. What action is EPA taking?
IV. Background
V. Technical Review of the Compliance Plan
for the 2008 Lead NAAQS
A. Facility Description
B. Model Selection, Meteorological and
Emissions Inventory Input Data
C. Control Strategy
D. Modeling Results
E. Attainment Demonstration
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F. Contingency Measures
G. Enforceability
VI. Proposed Action
I. What is being addressed in this
document?
In this document, EPA is addressing
Missouri’s request to approve a revision
to its SIP for violations of the lead
NAAQS near the Exide Technologies—
Canon Hollow facility in Holt County,
Missouri. The applicable standard
addressed in this action is the lead
NAAQS promulgated by EPA in 2008.
EPA believes that the SIP submitted by
the state satisfies the applicable
requirements of the CAA identified in
EPA’s Final Rule (73 FR 66964, October
15, 2008), and will bring the area into
compliance with the 0.15 microgram per
cubic meter (ug/m3) lead NAAQS.
II. Have the requirements for the
approval of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. In addition, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
EPA is proposing to grant full
approval of Missouri’s request for a SIP
revision to bring the area near the ExideCanon Hollow facility into compliance
with the 2008 lead NAAQS. EPA is
proposing this action in order to solicit
comments. Final rulemaking will occur
after consideration of any comments
received.
IV. Background
EPA established the NAAQS for lead
on October 5, 1978 (43 FR 46246). On
October 15, 2008, EPA established a
new lead NAAQS of 0.15 ug/m3 in air,
measured as a rolling three-month
average. (73 FR 66964).
The state historically conducted
ambient air monitoring for lead at the
Exide Canon Hollow facility (formerly
known as Schuylkill Metals) under the
1978 lead NAAQS from 1990 to 2000.
Ambient air monitoring data from this
time period indicated that the facility
violated the 1978 standard one calendar
quarter in 1994.
When the 2008 lead NAAQS was
promulgated, the rulemaking required
states to conduct ambient air monitoring
near facilities that reported lead
emissions of 1.0 tons per year (tpy) or
greater. On December 27, 2010, EPA
promulgated the Revisions to Lead
Ambient Air Monitoring Requirements
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[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Proposed Rules]
[Pages 10181-10182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04240]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0006; FRL-9942-89-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Prevention of Significant Deterioration; Fine Particulate
Matter (PM2.5)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
the State Implementation Plan (SIP) revision submitted by the
Commonwealth of Virginia which revises Virginia's Prevention of
Significant Deterioration (PSD) air quality preconstruction permitting
program to be consistent with the federal PSD regulations regarding the
use of the significant monitoring concentration (SMC) and significant
impact levels (SILs) for fine particulate matter (PM2.5)
emissions. In the Final Rules section of this Federal Register, EPA is
approving the State's SIP submittal as a direct final rule without
prior proposal because the Agency views this as a noncontroversial
submittal and anticipates no adverse comments. A detailed rationale for
the approval is set forth in the direct final rule. If no adverse
comments are received in response to this action, no further activity
is contemplated. If EPA receives adverse comments, the direct final
rule will be withdrawn and all public comments received will be
addressed in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period. Any parties interested in
commenting on this action should do so at this time.
DATES: Comments must be received in writing by March 30, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0006 at https://www.regulations.gov, or via email to
johansen.amy@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be
[[Page 10182]]
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Himanshu Vyas, (215) 814-2112, or by
email at vyas.himanshu@epa.gov.
SUPPLEMENTARY INFORMATION:
For further information, please see the information provided in the
direct final action, with the same title, that is located in the
``Rules and Regulations'' section of this Federal Register publication.
Dated: February 12, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-04240 Filed 2-26-16; 8:45 am]
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