Financial Responsibility Requirements Under CERCLA § 108(b) for Classes of Facilities in the Hardrock Mining Industry; Extension of Comment Period, 12333-12334 [2017-04007]
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Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules
Circuit affirmed CSAPR in most
respects, but invalidated without
vacating some of the CSAPR budgets as
to a number of states. EME Homer City
Generation, L.P. v. EPA, 795 F.3d 118
(D.C. Cir. 2015). EPA began
implementation of CSAPR, which
replaced CAIR, on January 1, 2015.
Therefore, Tennessee cannot rely on
CAIR to satisfy the BART requirement
and the requirement for a long-term
strategy sufficient to achieve the stateadopted reasonable progress goals.
As mentioned above, a state may meet
the requirements of prong 4 without a
fully approved regional haze SIP by
showing that its SIP contains adequate
provisions to prevent emissions from
within the state from interfering with
other states’ measures to protect
visibility. Tennessee did not, however,
provide a demonstration in any of the
infrastructure SIP submissions subject
to this proposed action that emissions
within its jurisdiction do not interfere
with other states’ plans to protect
visibility.
As discussed above, Tennessee does
not have a fully approved regional haze
SIP that meets the requirements of 40
CFR 51.308 and has not otherwise
shown that its SIP contains adequate
provisions to prevent emissions from
within the state from interfering with
other states’ measures to protect
visibility. Therefore, on December 7,
2016, Tennessee submitted a
commitment letter to EPA requesting
conditional approval of the prong 4
portions of the aforementioned
infrastructure SIP revisions. In this
letter, Tennessee commits to submit an
infrastructure SIP revision, within one
year of final conditional approval, that
will satisfy the prong 4 requirements for
the 2010 1-hour NO2 NAAQS, 2010 1hour SO2 NAAQS, and 2012 annual
PM2.5 NAAQS through reliance on a
fully approved regional haze SIP or
through an analysis showing that
emissions from sources in Tennessee
will not interfere with the attainment of
the reasonable progress goals of other
states. If the revised infrastructure SIP
revision relies on a fully approved
regional haze SIP revision to satisfy
prong 4 requirements, Tennessee also
commits to providing the necessary
regional haze SIP revision to EPA
within one year of EPA’s final
conditional approval.
If Tennessee meets its commitment
within one year of final conditional
approval, the prong 4 portions of the
conditionally approved infrastructure
SIP submissions will remain a part of
the SIP until EPA takes final action
approving or disapproving the new SIP
revision(s). However, if the State fails to
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submit these revisions within the oneyear timeframe, the conditional
approval will automatically become a
disapproval one year from EPA’s final
conditional approval and EPA will issue
a finding of disapproval. EPA is not
required to propose the finding of
disapproval. If the conditional approval
is converted to a disapproval, the final
disapproval triggers the FIP requirement
under CAA section 110(c).
V. Proposed Action
As described above, EPA is proposing
to conditionally approve the prong 4
portions of Tennessee’s March 13, 2014,
2010 1-hour NO2 and 2010 1-hour SO2
infrastructure SIP submission and
December 16, 2015, 2012 PM2.5
infrastructure SIP submission. All other
outstanding applicable infrastructure
requirements for these SIP submissions
have been or will be addressed in
separate rulemakings.
VI. 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 proposed
action merely proposes to approve 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
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
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12333
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).
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 21, 2017.
Kenneth R. Lapierre,
Acting Regional Administrator, Region 4.
[FR Doc. 2017–04009 Filed 3–1–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 320
[EPA–HQ–SFUND–2015–0781; FRL–FRL
9959–85–OLEM]
RIN 2050–AG61
Financial Responsibility Requirements
Under CERCLA § 108(b) for Classes of
Facilities in the Hardrock Mining
Industry; Extension of Comment
Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
comment period.
AGENCY:
The Environmental Protection
Agency (EPA) is extending the comment
period for the proposed rule entitled
SUMMARY:
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02MRP1
12334
Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules
pmangrum on DSK3GDR082PROD with PROPOSALS
‘‘Financial Responsibility Requirements
under CERCLA § 108(b) for Classes of
Facilities in the Hardrock Mining
Industry.’’ That proposed rule was
published on January 11, 2017, and the
public comment period was scheduled
to end on March 13, 2017. However, a
number of parties have requested
additional time to review the proposed
rule and supporting information, and to
develop and submit comments.
Therefore, in response, EPA is
extending the comment period an
additional 120 days, so that comments
are now due on or before July 11, 2017.
DATES: Comments on the proposed rule
must be received on or before July 11,
2017.
ADDRESSES: Submit your comments on
the proposed rule, identified by Docket
ID No. EPA–HQ–SFUND–2015–0781, at
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. 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. 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/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT: For
questions on the January 11, 2017,
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13:51 Mar 01, 2017
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proposed rule or on this document,
contact Barbara Foster, Program
Implementation and Information
Division, Office of Resource
Conservation and Recovery, Mail code
5303P, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone
number: (703) 308–7057; email address:
foster.barbara@epa.gov, or Michael
Pease, Program Implementation and
Information Division, Office of Resource
Conservation and Recovery, Mail code
5303P, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone
number: (703) 308–0008; email address:
pease.michael@epa.gov.
SUPPLEMENTARY INFORMATION: On
January 11, 2017, EPA published in the
Federal Register proposed requirements
under section 108(b) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) for demonstrating
financial responsibility.1 The proposed
rule would create a new part in the
CERCLA regulations to require financial
responsibility under CERCLA section
108(b), define requirements for
demonstration of financial
responsibility, define requirements for
maintenance of financial responsibility
instruments, and establish criteria for
owners and operators to be released
from financial responsibility
requirements. In addition, the proposed
rule would establish specific financial
responsibility requirements applicable
to certain classes of mines and
associated mineral processing facilities
within the hardrock mining industry.
The comment period for the proposed
rule was scheduled to end on March 13,
2017. Since publication, EPA has
received more than 60 requests to
extend that comment period to allow
1 See Financial Responsibility Requirements
under CERCLA § 108(b) for Classes of Facilities in
the Hardrock Mining Industry (82 FR 3388, January
11, 2017).
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Sfmt 9990
the public additional time to develop
comments on the proposed rule. The
requests were for extensions ranging
from 60 days to 120 days, and came
from members of Congress, mining
companies, states, state groups, and
trade associations. The requestors cited
a number of reasons for needing an
extended comment period including the
size and complexity of the rule, and the
amount of background information in
the rulemaking docket.
In addition to requests to extend the
comment period, EPA also received a
request to not extend it. This request
came from several environmental
groups concerned that the rule move
forward without delay.
EPA acknowledges that the proposed
rule and supporting materials include a
substantial amount of information, and
that EPA’s proposed section 108(b)
requirements are novel. Those
commenters who have requested an
extension have provided information to
EPA demonstrating that they need more
time than the 60 days EPA originally
allotted to evaluate EPA’s proposal and
supporting information and develop
their comments. Thus, after considering
these comments, EPA has decided to
extend the comment period for 120
days. This document is the Agency’s
response to those persons who
requested an extension of the comment
period.
As a result of this action, comments
on the proposed rule must be submitted
by July 11, 2017.
List of Subjects in 40 CFR Part 320
Environmental protection, Financial
responsibility, Hardrock mining,
Hazardous substances.
Dated: February 23, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of
Land and Emergency Management.
[FR Doc. 2017–04007 Filed 3–1–17; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\02MRP1.SGM
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Agencies
[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Proposed Rules]
[Pages 12333-12334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04007]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 320
[EPA-HQ-SFUND-2015-0781; FRL-FRL 9959-85-OLEM]
RIN 2050-AG61
Financial Responsibility Requirements Under CERCLA Sec. 108(b)
for Classes of Facilities in the Hardrock Mining Industry; Extension of
Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of comment period.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for the proposed rule entitled
[[Page 12334]]
``Financial Responsibility Requirements under CERCLA Sec. 108(b) for
Classes of Facilities in the Hardrock Mining Industry.'' That proposed
rule was published on January 11, 2017, and the public comment period
was scheduled to end on March 13, 2017. However, a number of parties
have requested additional time to review the proposed rule and
supporting information, and to develop and submit comments. Therefore,
in response, EPA is extending the comment period an additional 120
days, so that comments are now due on or before July 11, 2017.
DATES: Comments on the proposed rule must be received on or before July
11, 2017.
ADDRESSES: Submit your comments on the proposed rule, identified by
Docket ID No. EPA-HQ-SFUND-2015-0781, at https://www.regulations.gov.
Follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. 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. 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.
FOR FURTHER INFORMATION CONTACT: For questions on the January 11, 2017,
proposed rule or on this document, contact Barbara Foster, Program
Implementation and Information Division, Office of Resource
Conservation and Recovery, Mail code 5303P, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number: (703) 308-7057; email address: foster.barbara@epa.gov, or
Michael Pease, Program Implementation and Information Division, Office
of Resource Conservation and Recovery, Mail code 5303P, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone number: (703) 308-0008; email address: pease.michael@epa.gov.
SUPPLEMENTARY INFORMATION: On January 11, 2017, EPA published in the
Federal Register proposed requirements under section 108(b) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) for demonstrating financial responsibility.\1\ The proposed
rule would create a new part in the CERCLA regulations to require
financial responsibility under CERCLA section 108(b), define
requirements for demonstration of financial responsibility, define
requirements for maintenance of financial responsibility instruments,
and establish criteria for owners and operators to be released from
financial responsibility requirements. In addition, the proposed rule
would establish specific financial responsibility requirements
applicable to certain classes of mines and associated mineral
processing facilities within the hardrock mining industry.
---------------------------------------------------------------------------
\1\ See Financial Responsibility Requirements under CERCLA Sec.
108(b) for Classes of Facilities in the Hardrock Mining Industry (82
FR 3388, January 11, 2017).
---------------------------------------------------------------------------
The comment period for the proposed rule was scheduled to end on
March 13, 2017. Since publication, EPA has received more than 60
requests to extend that comment period to allow the public additional
time to develop comments on the proposed rule. The requests were for
extensions ranging from 60 days to 120 days, and came from members of
Congress, mining companies, states, state groups, and trade
associations. The requestors cited a number of reasons for needing an
extended comment period including the size and complexity of the rule,
and the amount of background information in the rulemaking docket.
In addition to requests to extend the comment period, EPA also
received a request to not extend it. This request came from several
environmental groups concerned that the rule move forward without
delay.
EPA acknowledges that the proposed rule and supporting materials
include a substantial amount of information, and that EPA's proposed
section 108(b) requirements are novel. Those commenters who have
requested an extension have provided information to EPA demonstrating
that they need more time than the 60 days EPA originally allotted to
evaluate EPA's proposal and supporting information and develop their
comments. Thus, after considering these comments, EPA has decided to
extend the comment period for 120 days. This document is the Agency's
response to those persons who requested an extension of the comment
period.
As a result of this action, comments on the proposed rule must be
submitted by July 11, 2017.
List of Subjects in 40 CFR Part 320
Environmental protection, Financial responsibility, Hardrock
mining, Hazardous substances.
Dated: February 23, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency
Management.
[FR Doc. 2017-04007 Filed 3-1-17; 8:45 am]
BILLING CODE 6560-50-P