Approval and Promulgation of Air Quality Implementation Plans; Maine, New Hampshire, Rhode Island and Vermont; Interstate Transport of Fine Particle and Ozone Air Pollution, 17124-17128 [2017-06880]
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Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules and Regulations
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(12)
N-(adamantan-1-yl)-1-(5fluoropentyl)-1H-indazole-3carboxamide, its optical, positional, and geometric isomers,
salts and salts of isomers (Other
names:
5F–APINACA,
5F–
AKB48) .........................................
(13)
N-(1-amino-3,3-dimethyl-1oxobutan-2-yl)-1-(4fluorobenzyl)-1H-indazole-3carboxamide, its optical, positional, and geometric isomers,
salts and salts of isomers (Other
names: ADB–FUBINACA) ...........
(14)
methyl
2-(1(cyclohexylmethyl)-1H-indole-3carboxamido)-3,3dimethylbutanoate, its optical,
positional, and geometric isomers, salts and salts of isomers
(Other names: MDMB–CHMICA,
MMB–CHMINACA) .....................
(15) methyl 2-(1-(4-fluorobenzyl)1H-indazole-3-carboxamido)-3,3dimethylbutanoate, its optical,
positional, and geometric isomers, salts and salts of isomers
(Other
names:
MDMB–
FUBINACA) ..................................
Click on Open Docket Folder on the line
associated with this deviation.
DEPARTMENT OF HOMELAND
SECURITY
If
you have questions on this temporary
deviation, call or email Eric A.
Washburn, Bridge Administrator,
Western Rivers, Coast Guard; telephone
314–269–2378, email Eric.Washburn@
uscg.mil.
Coast Guard
FOR FURTHER INFORMATION CONTACT:
(7049)
The U.S.
(7010) Army Rock Island Arsenal requested a
temporary deviation for the Rock Island
Railroad and Highway Drawbridge,
across the Upper Mississippi River, mile
482.9, at Rock Island, Illinois to remain
in the closed-to-navigation position for
a one and 1⁄2 hour period from 9:00 a.m.
to 10:30 a.m., April 8, 2017, while the
(7042)
River Bandits 5K is held between the
cities of Davenport, IA and Rock Island,
IL.
The Rock Island Railroad and
Highway Drawbridge currently operates
(7020) in accordance with 33 CFR 117.5, which
states the general requirement that
Dated: April 4, 2017.
drawbridges shall open promptly and
Chuck Rosenberg,
fully for the passage of vessels when a
Acting Administrator.
request to open is given in accordance
[FR Doc. 2017–07118 Filed 4–7–17; 8:45 am]
with the subpart.
BILLING CODE 4410–09–P
There are no alternate routes for
vessels transiting this section of the
Upper Mississippi River.
DEPARTMENT OF HOMELAND
The Rock Island Railroad and
SECURITY
Highway Drawbridge has a vertical
Coast Guard
clearance of 23.8 feet above normal pool
in the closed-to-navigation position.
33 CFR Part 117
Navigation on the waterway consists
primarily of commercial tows and
[Docket Number USCG–2017–0173]
recreational watercraft. This temporary
Drawbridge Operation Regulation;
deviation has been coordinated with
Upper Mississippi River, Rock Island,
waterway users. No objections were
IL
received.
In accordance with 33 CFR 117.35(e),
AGENCY: Coast Guard, DHS.
the drawbridge must return to its regular
ACTION: Notice of deviation from
operating schedule immediately at the
drawbridge regulation.
end of the effective period of this
SUMMARY: The Coast Guard has issued a
temporary deviation. This deviation
temporary deviation from the operating
from the operating regulations is
schedule that governs the Rock Island
authorized under 33 CFR 117.35.
Railroad and Highway Drawbridge
Dated: March 31, 2017.
across the Upper Mississippi River, mile
Eric A. Washburn,
482.9, at Rock Island, Illinois. The
deviation is necessary to allow the Quad Bridge Administrator, Western Rivers.
City Marathon to cross the bridge. This
[FR Doc. 2017–07115 Filed 4–7–17; 8:45 am]
deviation allows the bridge to be
BILLING CODE 9110–04–P
maintained in the closed-to-navigation
position for ninety minutes.
DATES: This deviation is effective from
9 a.m. to 10:30 a.m. on April 8, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0173] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
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SUPPLEMENTARY INFORMATION:
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33 CFR Part 165
[Docket Number USCG–2017–0118]
RIN 1625–AA00
Safety Zone; Columbia River, Sand
Island, WA
Correction
In rule document 2017–04196,
appearing on pages 12416 through
12418, in the issue of Friday, March 3,
2017, make the following correction:
On page 12417, in the first column, on
the fourteenth line from the bottom of
the page, ‘‘46°5′5″ N.’’ should read,
‘‘46°15′45″ N.’’.
[FR Doc. C1–2017–04196 Filed 4–7–17; 8:45 am]
BILLING CODE 1301–00–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0552; A–1–FRL–
9960–86-Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; Maine,
New Hampshire, Rhode Island and
Vermont; Interstate Transport of Fine
Particle and Ozone Air Pollution
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) submissions
from the Maine Department of
Environmental Protection (ME DEP), the
New Hampshire Department of
Environmental Services (NH DES), the
Rhode Island Department of
Environmental Management (RI DEM)
and the Vermont Department of
Environmental Conservation (VT DEC).
These SIP submissions address
provisions of the Clean Air Act that
require each state to submit a SIP to
address emissions that may adversely
affect another state’s air quality through
interstate transport. The EPA is finding
that all four States have adequate
provisions to prohibit in-state emissions
activities from significantly contributing
to nonattainment, or interfering with the
maintenance, of the 1997 ozone
National Ambient Air Quality Standards
(NAAQS) in other states, and that Rhode
Island and Vermont have adequate
provisions to prohibit in-state emissions
SUMMARY:
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activities from significantly contributing
to nonattainment, or interfering with
maintenance, of the 1997 fine
particulate matter (PM2.5) and 2006
PM2.5 NAAQS in other states. The
intended effect of this action is to
approve the SIP revisions submitted by
Maine, New Hampshire, Rhode Island,
and Vermont. This action is being taken
under the Clean Air Act.
DATES: This rule is effective on May 10,
2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2016–0552. All documents in the docket
are listed on the https://
www.regulations.gov Web site, although
some information, such as confidential
business information or other
information whose disclosure is
restricted by statute is not publically
available. 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 at https://www.regulations.gov
or at the U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Quality Planning Unit, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact 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 legal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality
Planning Unit, Air Programs Branch
(Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109–
3912; (617) 918–1664;
burkhart.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
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I. Background.
II. Public Comments.
III. Final Action.
IV. Statutory and Executive Order Reviews.
I. Background
This rulemaking approves SIP
submissions from the ME DEP, the NH
DES, the RI DEM, and the VT DEC. The
SIPs were submitted on the following
dates: April 24, 2008 (ME); March 11,
2008 (NH); April 30, 2008 and
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November 6, 2009 (RI); and April 15,
2009 and May 21, 2010 (VT). These SIP
submissions address the requirements of
Clean Air Act (CAA) section
110(a)(2)(D)(i)(I) for the 1997 ozone and
1997 PM2.5 and 2006 PM2.5 NAAQS.1
On December 15, 2016 (81 FR 90758),
EPA published a notice of proposed
rulemaking (NPR) proposing approval of
these SIP submissions. The specific
details of each state’s SIP submission
and the rationale for EPA’s approval of
each SIP submission are discussed in
the NPR and will not be restated here.
II. Public Comments
EPA did not receive any comments in
response to the NPR.
III. Final Action
EPA is approving the SIP revisions
submitted by the states on the following
dates as meeting the interstate transport
requirements of CAA section
110(a)(2)(D)(i)(I) for the 1997 ozone
NAAQS: April 24, 2008 (Maine); March
11, 2008 (New Hampshire); April
30,2008 (Rhode Island); and April 15,
2009 (Vermont). In addition, EPA is
approving the SIP revisions submitted
by the states on the following dates as
meeting the interstate transport
requirements of CAA section
110(a)(2)(D)(i)(I) for the 1997 PM2.5
NAAQS: April 30, 2008 (Rhode Island);
and April 15, 2009 (Vermont). Also,
EPA is approving the SIP revisions
submitted by Rhode Island on
November 6, 2009 and Vermont on May
21, 2010 as meeting the interstate
transport requirements of CAA section
110(a)(2)(D)(i)(I) for the 2006 PM2.5
NAAQS.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 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
1 To the extent that these SIP submittals address
other infrastructure elements, such as CAA section
110(a)(2)(D)(i)(II), those requirements are not being
addressed in today’s action. In today’s rulemaking,
EPA is taking action only with respect to CAA
section 110(a)(2)(D)(i)(I).
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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 (Public Law 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).
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
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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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 9, 2017.
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, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: March 16, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart U—Maine
2. In § 52.1020, the table in paragraph
(e) is amended by adding a new row to
the end of the table to read as follows:
■
§ 52.1020
*
Identification of plan.
*
*
*
*
(e) Nonregulatory.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
MAINE NON REGULATORY
Name of
nonregulatory
SIP provision
Applicable
geographic or
nonattainment
area
*
Transport SIP for the
1997 Ozone Standard.
*
Statewide ...................
State
submittal
date/effective
date
EPA approved
date 3
Explanations
*
*
*
Submitted 04/24/2008 4/10/2017, [Insert
Federal Register
citation].
*
*
State submitted a transport SIP for the 1997
ozone standards which shows it does not
significantly contribute to ozone nonattainment or maintenance in any other state.
EPA approved this submittal as meeting
the requirements of Clean Air Act Section
110(a)(2)(D)(i)(I).
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
§ 52.1520
Subpart EE—New Hampshire
3. In § 52.1520, the table in paragraph
(e) is amended by adding a new row to
the end of the table to read as follows:
■
*
Identification of plan.
*
*
*
*
(e) Nonregulatory.
NEW HAMPSHIRE NONREGULATORY
Name of
nonregulatory
SIP provision
Applicable
geographic or
nonattainment
area
*
Transport SIP for the
1997 Ozone Standard.
*
Statewide ...................
State
submittal
date/effective
date
EPA approved
date 3
Explanations
*
*
*
Submitted ................... 4/10/2017, [Insert
03/11/2008 .................
Federal Register
citation].
*
*
State submitted a transport SIP for the 1997
ozone standards which shows it does not
significantly contribute to ozone nonattainment or maintenance in any other state.
EPA approved this submittal as meeting
the requirements of Clean Air Act Section
110(a)(2)(D)(i)(I).
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3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
Subpart OO—Rhode Island
4. In § 52.2070, the table in paragraph
(e) is amended by adding three new
rows to the end of the table to read as
follows:
■
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§ 52.2070
*
Identification of plan.
*
*
*
*
(e) Nonregulatory.
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17127
RHODE ISLAND NON REGULATORY
Name of nonregulatory
SIP provision
Applicable geographic
or nonattainment area
State submittal date/
effective date
*
Transport SIP for the
1997 Ozone Standard.
*
Statewide ...................
*
*
*
Submitted 04/30/2008 4/10/2017, [Insert
Federal Register
citation].
Transport SIP for the
1997 Particulate
Matter Standard.
Statewide ...................
Submitted 04/30/2008
4/10/2017, [Insert
Federal Register
citation].
Transport SIP for the
2006 Particulate
Matter Standard.
Statewide ...................
Submitted 11/06/2009
4/10/2017, [Insert
Federal Register
citation].
EPA approved date
rows to the end of the table to read as
follows:
Subpart UU—Vermont
5. In § 52.2370, the table in paragraph
(e) is amended by adding three new
■
Explanations
*
*
State submitted a transport SIP for the 1997
ozone standards which shows it does not
significantly contribute to ozone nonattainment or maintenance in any other state.
EPA approved this submittal as meeting
the requirements of Clean Air Act Section
110(a)(2)(D)(i)(I).
State submitted a transport SIP for the 1997
particulate matter standards which shows
it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved
this submittal as meeting the requirements
of Clean Air Act Section 110(a)(2)(D)(i)(I).
State submitted a transport SIP for the 2006
particulate matter standards which shows
it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved
this submittal as meeting the requirements
of Clean Air Act Section 110(a)(2)(D)(i)(I).
§ 52.2370
*
*
Identification of plan.
*
*
*
(e) Nonregulatory.
VERMONT NON-REGULATORY
Applicable geographic
or nonattainment area
*
Transport SIP for the
1997 Ozone Standard.
*
Statewide ...................
*
*
*
Submitted 04/15/2009 4/10/2017, [Insert
Federal Register
citation].
Transport SIP for the
1997 Particulate
Matter Standards.
Statewide ...................
Submitted 04/15/2009
4/10/2017, [Insert
Federal Register
citation].
Transport SIP for the
2006 particulate
matter Standards.
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Name of nonregulatory
SIP provision
State submittal date/
effective date
Statewide ...................
Submitted 05/21/2010
4/10/2017, [Insert
Federal Register
citation].
EPA approved date
Explanations
*
*
State submitted a transport SIP for the 1997
ozone standards which shows it does not
significantly contribute to ozone nonattainment or maintenance in any other state.
EPA approved this submittal as meeting
the requirements of Clean Air Act Section
110(a)(2)(D)(i)(I).
State submitted a transport SIP for the 1997
particulate matter standards which shows
it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved
this submittal as meeting the requirements
of Clean Air Act Section 110(a)(2)(D)(i)(I).
State submitted a transport SIP for the 2006
particulate matter standards which shows
it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved
this submittal as meeting the requirements
of Clean Air Act Section 110(a)(2)(D)(i)(I).
[FR Doc. 2017–06880 Filed 4–7–17; 8:45 am]
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FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0292; FRL–9960–59Region 4]
Air Plan Approval; Georgia; Inspection
and Maintenance Program Updates
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the State
Implementation Plan (SIP) revision
submitted by the State of Georgia,
through the Georgia Environmental
Protection Division (GA EPD) on August
6, 2014, pertaining to rule changes for
the Georgia Inspection and Maintenance
(I/M) program. EPA is approving this
SIP revision as modified by GA EPD
through a December 1, 2016, partial
withdrawal letter. EPA is taking this
action because the State has
demonstrated that the SIP revision is
consistent with the Clean Air Act (CAA
or Act).
DATES: This direct final rule is effective
on June 9, 2017 without further notice,
unless EPA receives relevant adverse
comment by May 10, 2017. If EPA
receives such comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0292 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://www.epa.gov/dockets/
commenting-epa-dockets.
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SUMMARY:
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Richard Wong, 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. Mr. Wong
can be reached via phone at (404) 562–
8726 or electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The CAA requires certain areas that
are designated as moderate, serious,
severe, or extreme ozone nonattainment
areas to establish a motor vehicle I/M
program to ensure regular monitoring of
gasoline fueled motor vehicle emissions
by requiring that vehicles undergo
periodic emissions testing. See CAA
sections 182(b)(4), (c)(3). This emissions
testing ensures that vehicles are well
maintained and operating as designed
and do not exceed established vehicle
pollutant limits. A basic I/M program is
required for certain moderate areas and
an enhanced I/M program is required for
certain serious, severe, or extreme ozone
nonattainment areas.
In 1991, EPA classified a 13-county
area in and around the Atlanta, Georgia,
metropolitan area as a serious ozone
nonattainment area for the 1990 1-hour
ozone National Ambient Air Quality
Standards (NAAQS), triggering the
requirement for the State to establish an
enhanced I/M program for this area.1 In
1996, Georgia submitted its enhanced
I/M program to EPA for incorporation
into the SIP. EPA granted interim
approval of the State’s program in
August 1997. See 62 FR 42916 (August
11, 1997). Full approval was granted in
the direct final rule published in
January 2000. See 65 FR 4133 (January
26, 2000). Since that time, EPA has
approved several SIP revisions
regarding the State’s I/M program.
In 1997, EPA established an 8-hour
ozone NAAQS and subsequently
designated areas according to their
attainment status. On April 30, 2004,
EPA designated a 20-county area in and
around metropolitan Atlanta as a
marginal ozone nonattainment area for
the 1997 8-hour ozone NAAQS.2 See 69
1 On November 6, 1991, EPA designated and
classified the following counties in and around the
Atlanta, Georgia, metropolitan area as a serious
ozone nonattainment area for the 1-hour ozone
NAAQS: Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry,
Paulding, and Rockdale. See 56 FR 56694.
2 The nonattainment area for the 1997 8-hour
ozone standard consisted of the following counties:
Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
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FR 23858. EPA reclassified these
counties as a moderate ozone
nonattainment area on March 6, 2008,
because the area failed to attain the 1997
8-hour ozone NAAQS by the required
attainment date of June 15, 2007. See 73
FR 12013. Subsequently, the area
attained the 1997 8-hour ozone
standard, and on December 2, 2013,
EPA redesignated the counties to
attainment for the 1997 8-hour ozone
NAAQS. See 78 FR 72040.
On March 12, 2008, EPA revised the
8-hour ozone NAAQS. See 73 FR 16436
(March 27, 2008). EPA designated a 15county area in and around metropolitan
Atlanta as a marginal ozone
nonattainment area for the 2008 8-hour
ozone NAAQS on April 30, 2012
(effective July 20, 2012).3 See 77 FR
30088 (May 21, 2012). EPA reclassified
these counties as a moderate ozone
nonattainment area on April 11, 2016,
because the area failed to attain the 2008
8-hour ozone NAAQS by the required
attainment date of July 20, 2015. See 81
FR 26697 (May 4, 2016).4
II. EPA’s Analysis of Georgia’s SIP
Revision
In the August 6, 2014, SIP revision,
GA EPD requested that EPA take action
to update the SIP to include changes to
the Georgia I/M program. The submittal
revises several rules within Georgia
Rule Chapter 391–3–20, Enhanced
Inspection and Maintenance, for the
purpose of providing: Clarification,
consistency with federal rules,
consistency with the Georgia Motor
Vehicle Inspection and Maintenance
Act, and improved enforceability. On
December 1, 2016, GA EPD submitted a
partial withdrawal letter withdrawing
the proposed revision to Georgia Rule
391–3–20–.06, ‘‘On Road Testing’’, from
the SIP revision.
Gwinnett, Hall, Henry, Newton, Paulding,
Rockdale, Spalding, and Walton.
3 The nonattainment area for the 2008 8-hour
ozone standard consists of the following counties:
Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry,
Newton, Paulding, and Rockdale.
4 Subsequent to the reclassification of the Atlanta
Area, EPA determined that the Area has attained
the 2008 8-hour ozone NAAQS based on 2013–2015
monitoring data. See 81 FR 45419 (July 14, 2016).
However, an attainment determination is not
equivalent to a redesignation under CAA section
107(d)(3). The Area will remain nonattainment for
the 2008 8-hour ozone NAAQS and subject to the
NNSR requirements for that NAAQS until such
time as EPA determines that the Area meets the
requirements for redesignation to attainment. EPA
proposed to redesignate the Area in a notice of
proposed rulemaking published on December 23,
2016 (81 FR 94283).
E:\FR\FM\10APR1.SGM
10APR1
]]>Agencies
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Rules and Regulations]
[Pages 17124-17128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06880]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2016-0552; A-1-FRL- 9960-86-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Maine, New Hampshire, Rhode Island and Vermont; Interstate Transport of
Fine Particle and Ozone Air Pollution
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) submissions from the Maine Department of
Environmental Protection (ME DEP), the New Hampshire Department of
Environmental Services (NH DES), the Rhode Island Department of
Environmental Management (RI DEM) and the Vermont Department of
Environmental Conservation (VT DEC). These SIP submissions address
provisions of the Clean Air Act that require each state to submit a SIP
to address emissions that may adversely affect another state's air
quality through interstate transport. The EPA is finding that all four
States have adequate provisions to prohibit in-state emissions
activities from significantly contributing to nonattainment, or
interfering with the maintenance, of the 1997 ozone National Ambient
Air Quality Standards (NAAQS) in other states, and that Rhode Island
and Vermont have adequate provisions to prohibit in-state emissions
[[Page 17125]]
activities from significantly contributing to nonattainment, or
interfering with maintenance, of the 1997 fine particulate matter
(PM2.5) and 2006 PM2.5 NAAQS in other states. The
intended effect of this action is to approve the SIP revisions
submitted by Maine, New Hampshire, Rhode Island, and Vermont. This
action is being taken under the Clean Air Act.
DATES: This rule is effective on May 10, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2016-0552. All documents in the docket
are listed on the https://www.regulations.gov Web site, although some
information, such as confidential business information or other
information whose disclosure is restricted by statute is not publically
available. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact 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 legal holidays.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109-3912; (617) 918-1664;
burkhart.richard@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background.
II. Public Comments.
III. Final Action.
IV. Statutory and Executive Order Reviews.
I. Background
This rulemaking approves SIP submissions from the ME DEP, the NH
DES, the RI DEM, and the VT DEC. The SIPs were submitted on the
following dates: April 24, 2008 (ME); March 11, 2008 (NH); April 30,
2008 and November 6, 2009 (RI); and April 15, 2009 and May 21, 2010
(VT). These SIP submissions address the requirements of Clean Air Act
(CAA) section 110(a)(2)(D)(i)(I) for the 1997 ozone and 1997
PM2.5 and 2006 PM2.5 NAAQS.\1\
---------------------------------------------------------------------------
\1\ To the extent that these SIP submittals address other
infrastructure elements, such as CAA section 110(a)(2)(D)(i)(II),
those requirements are not being addressed in today's action. In
today's rulemaking, EPA is taking action only with respect to CAA
section 110(a)(2)(D)(i)(I).
---------------------------------------------------------------------------
On December 15, 2016 (81 FR 90758), EPA published a notice of
proposed rulemaking (NPR) proposing approval of these SIP submissions.
The specific details of each state's SIP submission and the rationale
for EPA's approval of each SIP submission are discussed in the NPR and
will not be restated here.
II. Public Comments
EPA did not receive any comments in response to the NPR.
III. Final Action
EPA is approving the SIP revisions submitted by the states on the
following dates as meeting the interstate transport requirements of CAA
section 110(a)(2)(D)(i)(I) for the 1997 ozone NAAQS: April 24, 2008
(Maine); March 11, 2008 (New Hampshire); April 30,2008 (Rhode Island);
and April 15, 2009 (Vermont). In addition, EPA is approving the SIP
revisions submitted by the states on the following dates as meeting the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for
the 1997 PM2.5 NAAQS: April 30, 2008 (Rhode Island); and
April 15, 2009 (Vermont). Also, EPA is approving the SIP revisions
submitted by Rhode Island on November 6, 2009 and Vermont on May 21,
2010 as meeting the interstate transport requirements of CAA section
110(a)(2)(D)(i)(I) for the 2006 PM2.5 NAAQS.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 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 (Public Law 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).
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
[[Page 17126]]
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 9, 2017. 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, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: March 16, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart U--Maine
0
2. In Sec. 52.1020, the table in paragraph (e) is amended by adding a
new row to the end of the table to read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(e) Nonregulatory.
Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal EPA approved date
provision nonattainment date/effective \ 3\ Explanations
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Transport SIP for the 1997 Statewide........ Submitted 04/24/ 4/10/2017, State submitted a
Ozone Standard. 2008. [Insert Federal transport SIP for the
Register 1997 ozone standards
citation]. which shows it does
not significantly
contribute to ozone
nonattainment or
maintenance in any
other state. EPA
approved this
submittal as meeting
the requirements of
Clean Air Act Section
110(a)(2)(D)(i)(I).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
Subpart EE--New Hampshire
0
3. In Sec. 52.1520, the table in paragraph (e) is amended by adding a
new row to the end of the table to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(e) Nonregulatory.
New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal EPA approved date
provision nonattainment date/effective \ 3\ Explanations
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Transport SIP for the 1997 Statewide........ Submitted........ 4/10/2017, State submitted a
Ozone Standard. 03/11/2008....... [Insert Federal transport SIP for the
Register 1997 ozone standards
citation]. which shows it does
not significantly
contribute to ozone
nonattainment or
maintenance in any
other state. EPA
approved this
submittal as meeting
the requirements of
Clean Air Act Section
110(a)(2)(D)(i)(I).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
Subpart OO--Rhode Island
0
4. In Sec. 52.2070, the table in paragraph (e) is amended by adding
three new rows to the end of the table to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(e) Nonregulatory.
[[Page 17127]]
Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal
provision nonattainment date/effective EPA approved date Explanations
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Transport SIP for the 1997 Statewide........ Submitted 04/30/ 4/10/2017, State submitted a
Ozone Standard. 2008. [Insert Federal transport SIP for the
Register 1997 ozone standards
citation]. which shows it does
not significantly
contribute to ozone
nonattainment or
maintenance in any
other state. EPA
approved this
submittal as meeting
the requirements of
Clean Air Act Section
110(a)(2)(D)(i)(I).
Transport SIP for the 1997 Statewide........ Submitted 04/30/ 4/10/2017, State submitted a
Particulate Matter Standard. 2008. [Insert Federal transport SIP for the
Register 1997 particulate
citation]. matter standards
which shows it does
not significantly
contribute to
particulate matter
nonattainment or
maintenance in any
other state. EPA
approved this
submittal as meeting
the requirements of
Clean Air Act Section
110(a)(2)(D)(i)(I).
Transport SIP for the 2006 Statewide........ Submitted 11/06/ 4/10/2017, State submitted a
Particulate Matter Standard. 2009. [Insert Federal transport SIP for the
Register 2006 particulate
citation]. matter standards
which shows it does
not significantly
contribute to
particulate matter
nonattainment or
maintenance in any
other state. EPA
approved this
submittal as meeting
the requirements of
Clean Air Act Section
110(a)(2)(D)(i)(I).
----------------------------------------------------------------------------------------------------------------
Subpart UU--Vermont
0
5. In Sec. 52.2370, the table in paragraph (e) is amended by adding
three new rows to the end of the table to read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(e) Nonregulatory.
Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal
provision nonattainment date/effective EPA approved date Explanations
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Transport SIP for the 1997 Statewide........ Submitted 04/15/ 4/10/2017, State submitted a
Ozone Standard. 2009. [Insert Federal transport SIP for the
Register 1997 ozone standards
citation]. which shows it does
not significantly
contribute to ozone
nonattainment or
maintenance in any
other state. EPA
approved this
submittal as meeting
the requirements of
Clean Air Act Section
110(a)(2)(D)(i)(I).
Transport SIP for the 1997 Statewide........ Submitted 04/15/ 4/10/2017, State submitted a
Particulate Matter Standards. 2009. [Insert Federal transport SIP for the
Register 1997 particulate
citation]. matter standards
which shows it does
not significantly
contribute to
particulate matter
nonattainment or
maintenance in any
other state. EPA
approved this
submittal as meeting
the requirements of
Clean Air Act Section
110(a)(2)(D)(i)(I).
Transport SIP for the 2006 Statewide........ Submitted 05/21/ 4/10/2017, State submitted a
particulate matter Standards. 2010. [Insert Federal transport SIP for the
Register 2006 particulate
citation]. matter standards
which shows it does
not significantly
contribute to
particulate matter
nonattainment or
maintenance in any
other state. EPA
approved this
submittal as meeting
the requirements of
Clean Air Act Section
110(a)(2)(D)(i)(I).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-06880 Filed 4-7-17; 8:45 am]
BILLING CODE 6560-50-P
