Promulgation of Air Quality Implementation Plans; State of Arkansas; Regional Haze and Interstate Visibility Transport Federal Implementation Plan; Partial Stay, 18994-18995 [2017-08253]
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18994
Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations
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 26, 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 CAA
Section 307(b)(2)).
Rule No.
*
Authority: 42 U.S.C. 7401 et seq.
Dated: April 11, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
5/25/2017
*
*
Final rule citation/date
*
Comments
*
[insert Federal Register citation], 4/25/2017.
CAA section
128 Requirements.
Final rule citation/date
Comments
(e) * * *
Rule title
*
(28) XXVIII ....
*
Infrastructure SIP for Section
110(a)(2)— 2008 Lead,
2008 Ozone, 2010 NO2,
2010 SO2, and 2012 PM2.5
NAAQS.
EPA Effective
date
State effective date
*
*
10/12/2011, 2/6/2014, 1/24/
2014, 3/6/2015, and 6/24/
2016.
Partial stay of effectiveness of
final rule.
BILLING CODE 6560–50–P
By a letter dated April 14,
2017, EPA announced the convening of
a proceeding for reconsideration of
certain requirements in the final rule
promulgating a Federal Implementation
Plan (FIP) for the State of Arkansas
addressing regional haze and interstate
visibility transport under the Federal
Clean Air Act (the Act, or CAA). The
rule was published in the Federal
Register on September 27, 2016. The
EPA is administratively staying for 90
days the effectiveness of the rule
requirements that are under
reconsideration. The EPA is adding
language to the Code of Federal
Regulations (CFR) to reflect this stay.
SUMMARY:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0189; FRL–9961–81–
Region 6]
Promulgation of Air Quality
Implementation Plans; State of
Arkansas; Regional Haze and
Interstate Visibility Transport Federal
Implementation Plan; Partial Stay
Environmental Protection
Agency (EPA).
AGENCY:
17:26 Apr 24, 2017
Jkt 241001
*
5/25/2017
ACTION:
[FR Doc. 2017–08252 Filed 4–24–17; 8:45 am]
asabaliauskas on DSK3SPTVN1PROD with RULES
*
EPA effective
date
4/21/2016 ..............................
*
Rule No.
VerDate Sep<11>2014
2. In § 52.2620:
a. The table in paragraph (c) is
amended by:
■ i. Adding a centered heading for
‘‘Chapter I. General Rules of Practice
and Procedure.’’ at the end of the table;
and
■ ii. Adding, under the centered
heading ‘‘Chapter I. General Rules of
Practice and Procedure.,’’ a table entry
for ‘‘Section 16.’’
■ b. The table in paragraph (e) is
amended by adding an entry for ‘‘(28)
XXVIII’’ at the end of the table.
The additions read as follows:
■
■
*
*
*
Chapter I. General Rules of Practice and Procedure.
Air Quality Division, State Implementation Plan.
*
Subpart ZZ—Wyoming
§ 52.2620
1. The authority citation for part 52
continues to read as follows:
■
State effective date
*
Section 16 ....
*
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Rule title
*
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
*
[insert Federal Register citation], 4/25/2017.
*
Certain portions of 40 CFR
52.173(c)(7) and (25), as specified in this
document, are administratively stayed
from April 25, 2017 until July 24, 2017.
The addition of 40 CFR 52.173(e) in this
rule is effective from April 25, 2017,
until July 24, 2017.
ADDRESSES: The EPA has established a
docket for this reconsideration
proceeding under Docket ID No. EPA–
R06–OAR–2015–0189. All documents in
the docket are available electronically at
https://www.regulations.gov and in hard
copy at EPA Region 6, 1445 Ross
Avenue, Suite 700, Dallas, TX 75202–
2733. To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
DATES:
E:\FR\FM\25APR1.SGM
25APR1
Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations
A reasonable fee may be charged for
copies.
FOR FURTHER INFORMATION CONTACT:
Barbara Nann, (214) 665–2157;
nann.barbara@epa.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES
I. Background
On September 27, 2016 (81 FR 66332),
EPA (‘‘we’’) published a rule titled
‘‘Promulgation of Air Quality
Implementation Plans; State of
Arkansas; Regional Haze and Interstate
Visibility Transport Federal
Implementation Plan’’ (Arkansas
Regional Haze FIP or FIP) addressing
certain requirements of the Regional
Haze Rule at 40 CFR 51.308 and the
CAA regarding interference with other
states’ programs for visibility protection
(interstate visibility transport) triggered
by the issuance of the 1997 ozone
National Ambient Air Quality Standards
(NAAQS) and the 1997 fine particulate
matter (PM2.5) NAAQS.1
The Arkansas Department of
Environmental Quality (ADEQ)
submitted a petition to the EPA dated
November 22, 2016, seeking
reconsideration and an administrative
stay of specific portions of the final
Arkansas Regional Haze FIP pursuant to
section 307(d)(7)(B) of the CAA and
section 705 of the Administrative
Procedure Act (APA). Similar petitions
were submitted by Entergy Arkansas
Inc., Entergy Mississippi Inc., and
Entergy Power LLC (collectively
Entergy) and the Arkansas Electric
Cooperative Corporation (AECC),
owners of Flint Creek, White Bluff, and
Independence facilities and the Energy
Environmental Alliance of Arkansas
(EEAA). Under section 307(d)(7)(B) of
the CAA, the Administrator shall
commence a reconsideration proceeding
if, in the Administrator’s judgment, the
petitioner raises an objection to a rule
that was impracticable to raise during
the comment period or if the grounds
for the objection arose after the
comment period but within the period
for judicial review. In either case, the
Administrator must also conclude that
the objection is of central relevance to
the outcome of the rule. The
Administrator may stay the
effectiveness of the rule for up to 90
days during such reconsideration.
In a letter dated April 14, 2017, EPA
announced the convening of a
proceeding for reconsideration under
section 307(d)(7)(B) of the compliance
dates for the NOX emission limits for
Flint Creek Unit 1, White Bluff Units 1
1 81
FR 66332; see also 81 FR 68319 (October 4,
2016) (correction).
VerDate Sep<11>2014
16:35 Apr 24, 2017
Jkt 241001
and 2, and Independence Units 1 and 2.
Further, based on statements by Entergy
regarding the limited future operations
of White Bluff, the EPA also determined
to grant reconsideration of the SO2
emission limits for Units 1 and 2 at the
facility. We granted reconsideration of
these provisions of the FIP because the
grounds for Petitioners’ objections arose
after the close of the comment period
and are of central relevance to the
outcome of the final rule pursuant to
Clean Air Act section 307(d)(7)(B). The
EPA did not specifically request
comment on the 18-month compliance
dates for NOX controls in the FIP, and
reconsideration will allow for additional
public comment on these issues. In
addition, new information clarified the
intent of Entergy’s comments regarding
future operations at White Bluff and
indicated that reconsideration of the
SO2 best available retrofit technology
(BART) emission limits based on a
shorter remaining useful life is
warranted. Finally, as we are
reconsidering the compliance dates for
the NOX emission limits at
Independence, we are also
reconsidering the compliance dates for
the SO2 emission limits for
Independence Units 1 and 2 to ensure
that the schedule for compliance for
these emission limits is coordinated.
The EPA did not take action on the
remaining issues in the petitions for
reconsideration of the Arkansas FIP. A
copy of this letter is included in the
docket, Docket ID No. EPA–R06–OAR–
2015–0189.
We will prepare a notice of proposed
rulemaking that will provide ADEQ,
Entergy, AECC, EEAA and the public an
opportunity to comment on the issues
identified above as well as any other
matter we believe will benefit from
additional comment.
II. Partial Stay of Certain Provisions of
the FIP
The EPA hereby issues a 90 day stay
from April 25, 2017 of the effectiveness
of 40 CFR 52.173(c)(7) and (25) with
regards to the compliance dates for the
NOX emission limits for Flint Creek
Unit 1, White Bluff Units 1 and 2, and
Independence Units 1 and 2, and the
compliance dates for the SO2 emission
limits for White Bluff Units 1 and 2 and
Independence Units 1 and 2. We are
amending the Code of Federal
Regulations to reflect this stay. This stay
does not apply to any other provisions
of the rule. If the EPA is unable to
complete final action on reconsideration
prior to the conclusion of this stay, we
will consider granting a further stay of
the rule. This stay, however, does not
alter or extend the ultimate compliance
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
18995
timeframes set out in the final FIP. The
EPA intends to propose a future
rulemaking to extend the deadlines to
account for the period of the stay or to
account for another alternative proposal.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Best available retrofit
technology, Incorporation by reference,
Intergovernmental relations, Interstate
transport of pollution, Nitrogen dioxide,
Ozone, Particulate matter, Regional
haze, Reporting and recordkeeping
requirements, Sulfur dioxides,
Visibility.
Dated: April 17, 2017.
E. Scott Pruitt,
Administrator.
Title 40, chapter I, of the Code of
Federal Regulations 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 E—Arkansas
2. Amend § 52.173 by adding
paragraph (e) to read as follows:
■
§ 52.173
Visibility protection.
*
*
*
*
*
(e) Paragraphs (c)(7) and (25) of this
section relating to the compliance dates
for the NOX emission limits for Flint
Creek Unit 1, White Bluff Units 1 and
2, and Independence Units 1 and 2, as
well as the compliance dates for the SO2
emission limits for White Bluff Units 1
and 2 and Independence Units 1 and 2,
are stayed from April 25, 2017 until July
24, 2017, when the stay will
automatically terminate.
[FR Doc. 2017–08253 Filed 4–24–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2015–0226; FRL–9961–
02]
Benzobicyclon; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
tolerance for residues of benzobicyclon
in or on rice, grain. Gowan Company,
SUMMARY:
E:\FR\FM\25APR1.SGM
25APR1
]]>Agencies
[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 18994-18995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08253]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0189; FRL-9961-81-Region 6]
Promulgation of Air Quality Implementation Plans; State of
Arkansas; Regional Haze and Interstate Visibility Transport Federal
Implementation Plan; Partial Stay
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial stay of effectiveness of final rule.
-----------------------------------------------------------------------
SUMMARY: By a letter dated April 14, 2017, EPA announced the convening
of a proceeding for reconsideration of certain requirements in the
final rule promulgating a Federal Implementation Plan (FIP) for the
State of Arkansas addressing regional haze and interstate visibility
transport under the Federal Clean Air Act (the Act, or CAA). The rule
was published in the Federal Register on September 27, 2016. The EPA is
administratively staying for 90 days the effectiveness of the rule
requirements that are under reconsideration. The EPA is adding language
to the Code of Federal Regulations (CFR) to reflect this stay.
DATES: Certain portions of 40 CFR 52.173(c)(7) and (25), as specified
in this document, are administratively stayed from April 25, 2017 until
July 24, 2017. The addition of 40 CFR 52.173(e) in this rule is
effective from April 25, 2017, until July 24, 2017.
ADDRESSES: The EPA has established a docket for this reconsideration
proceeding under Docket ID No. EPA-R06-OAR-2015-0189. All documents in
the docket are available electronically at https://www.regulations.gov
and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
TX 75202-2733. To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
[[Page 18995]]
A reasonable fee may be charged for copies.
FOR FURTHER INFORMATION CONTACT: Barbara Nann, (214) 665-2157;
nann.barbara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 27, 2016 (81 FR 66332), EPA (``we'') published a rule
titled ``Promulgation of Air Quality Implementation Plans; State of
Arkansas; Regional Haze and Interstate Visibility Transport Federal
Implementation Plan'' (Arkansas Regional Haze FIP or FIP) addressing
certain requirements of the Regional Haze Rule at 40 CFR 51.308 and the
CAA regarding interference with other states' programs for visibility
protection (interstate visibility transport) triggered by the issuance
of the 1997 ozone National Ambient Air Quality Standards (NAAQS) and
the 1997 fine particulate matter (PM2.5) NAAQS.\1\
---------------------------------------------------------------------------
\1\ 81 FR 66332; see also 81 FR 68319 (October 4, 2016)
(correction).
---------------------------------------------------------------------------
The Arkansas Department of Environmental Quality (ADEQ) submitted a
petition to the EPA dated November 22, 2016, seeking reconsideration
and an administrative stay of specific portions of the final Arkansas
Regional Haze FIP pursuant to section 307(d)(7)(B) of the CAA and
section 705 of the Administrative Procedure Act (APA). Similar
petitions were submitted by Entergy Arkansas Inc., Entergy Mississippi
Inc., and Entergy Power LLC (collectively Entergy) and the Arkansas
Electric Cooperative Corporation (AECC), owners of Flint Creek, White
Bluff, and Independence facilities and the Energy Environmental
Alliance of Arkansas (EEAA). Under section 307(d)(7)(B) of the CAA, the
Administrator shall commence a reconsideration proceeding if, in the
Administrator's judgment, the petitioner raises an objection to a rule
that was impracticable to raise during the comment period or if the
grounds for the objection arose after the comment period but within the
period for judicial review. In either case, the Administrator must also
conclude that the objection is of central relevance to the outcome of
the rule. The Administrator may stay the effectiveness of the rule for
up to 90 days during such reconsideration.
In a letter dated April 14, 2017, EPA announced the convening of a
proceeding for reconsideration under section 307(d)(7)(B) of the
compliance dates for the NOX emission limits for Flint Creek
Unit 1, White Bluff Units 1 and 2, and Independence Units 1 and 2.
Further, based on statements by Entergy regarding the limited future
operations of White Bluff, the EPA also determined to grant
reconsideration of the SO2 emission limits for Units 1 and 2
at the facility. We granted reconsideration of these provisions of the
FIP because the grounds for Petitioners' objections arose after the
close of the comment period and are of central relevance to the outcome
of the final rule pursuant to Clean Air Act section 307(d)(7)(B). The
EPA did not specifically request comment on the 18-month compliance
dates for NOX controls in the FIP, and reconsideration will
allow for additional public comment on these issues. In addition, new
information clarified the intent of Entergy's comments regarding future
operations at White Bluff and indicated that reconsideration of the
SO2 best available retrofit technology (BART) emission
limits based on a shorter remaining useful life is warranted. Finally,
as we are reconsidering the compliance dates for the NOX
emission limits at Independence, we are also reconsidering the
compliance dates for the SO2 emission limits for
Independence Units 1 and 2 to ensure that the schedule for compliance
for these emission limits is coordinated. The EPA did not take action
on the remaining issues in the petitions for reconsideration of the
Arkansas FIP. A copy of this letter is included in the docket, Docket
ID No. EPA-R06-OAR-2015-0189.
We will prepare a notice of proposed rulemaking that will provide
ADEQ, Entergy, AECC, EEAA and the public an opportunity to comment on
the issues identified above as well as any other matter we believe will
benefit from additional comment.
II. Partial Stay of Certain Provisions of the FIP
The EPA hereby issues a 90 day stay from April 25, 2017 of the
effectiveness of 40 CFR 52.173(c)(7) and (25) with regards to the
compliance dates for the NOX emission limits for Flint Creek
Unit 1, White Bluff Units 1 and 2, and Independence Units 1 and 2, and
the compliance dates for the SO2 emission limits for White
Bluff Units 1 and 2 and Independence Units 1 and 2. We are amending the
Code of Federal Regulations to reflect this stay. This stay does not
apply to any other provisions of the rule. If the EPA is unable to
complete final action on reconsideration prior to the conclusion of
this stay, we will consider granting a further stay of the rule. This
stay, however, does not alter or extend the ultimate compliance
timeframes set out in the final FIP. The EPA intends to propose a
future rulemaking to extend the deadlines to account for the period of
the stay or to account for another alternative proposal.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Best available
retrofit technology, Incorporation by reference, Intergovernmental
relations, Interstate transport of pollution, Nitrogen dioxide, Ozone,
Particulate matter, Regional haze, Reporting and recordkeeping
requirements, Sulfur dioxides, Visibility.
Dated: April 17, 2017.
E. Scott Pruitt,
Administrator.
Title 40, chapter I, of the Code of Federal Regulations 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 E--Arkansas
0
2. Amend Sec. 52.173 by adding paragraph (e) to read as follows:
Sec. 52.173 Visibility protection.
* * * * *
(e) Paragraphs (c)(7) and (25) of this section relating to the
compliance dates for the NOX emission limits for Flint Creek
Unit 1, White Bluff Units 1 and 2, and Independence Units 1 and 2, as
well as the compliance dates for the SO2 emission limits for
White Bluff Units 1 and 2 and Independence Units 1 and 2, are stayed
from April 25, 2017 until July 24, 2017, when the stay will
automatically terminate.
[FR Doc. 2017-08253 Filed 4-24-17; 8:45 am]
BILLING CODE 6560-50-P
