Air Plan Approval; ME; Emission Statement Reporting, 20257-20260 [2017-08648]
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Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for Part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting
Points, dated August 3, 2016, and
effective September 15, 2016, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
ASW LA E5
*
*
*
*
Ruston, LA [Removed]
*
*
*
ASW LA E5 Ruston, LA [New]
Ruston Regional Airport, LA
(Lat. 32°30′53″ N., long. 92°35′18″ W.)
That airspace extending upward from 700
feet above the surface within a 6.5-mile
radius of the airport.
Issued in Fort Worth, Texas, on April 24,
2017.
Walter Tweedy,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2017–08749 Filed 4–28–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
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[Docket No. USCG–2017–0231]
Drawbridge Operation Regulation;
Hutchinson River, New York, NY
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
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The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Hutchinson
River Parkway Bridge across the
Hutchinson River, mile 0.9 at New York,
New York. This deviation is necessary
to complete application of protective
coating on the bridge as well as
maintenance of operating machinery.
DATES: This deviation is effective
without actual notice from May 1, 2017
through 12:01 a.m. on September 29,
2017. For the purposes of enforcement,
actual notice will be used from 12:01
a.m. on April 3, 2017 until May 1, 2017.
ADDRESSES: The docket for this
deviation, USCG–2017–0231 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH’’. Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email James M. Moore,
Bridge Management Specialist, First
District Bridge Branch, U.S. Coast
Guard; telephone 212–514–4334, email
james.m.moore2@uscg.mil.
SUPPLEMENTARY INFORMATION: The New
York City Department of Transportation,
the owner of the bridge, requested a
temporary deviation from the normal
operating schedule to facilitate
application of protective coating to the
bridge as well as maintenance of
operating machinery. The Hutchinson
River Parkway Bridge, across the
Hutchinson River, mile 0.9 at New York,
New York has a vertical clearance of 30
feet at mean high water and 38 feet at
mean low water in the closed position.
The existing drawbridge operating
regulations are listed at 33 CFR
117.793(b).
Under this temporary deviation,
between April 3, 2017 and September
29, 2017 the draw of the Hutchinson
River Parkway Bridge will be closed to
navigation for a period not to exceed 7
days; the draw will then open for
vessels in accordance with established
operating regulations for a period not to
exceed another 7 days, after which the
cycle will repeat.
Vessels that can pass under the bridge
without an opening may do so at all
times. The bridge will not be able to
open for emergencies. There is no
alternate route for vessels to pass.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
SUMMARY:
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20257
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: April 25, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–08680 Filed 4–28–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2017–0024; A–1–FRL–
9961–42–Region 1]
Air Plan Approval; ME; Emission
Statement Reporting
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. The
revision updates Maine’s emissions
reporting requirements for certain
stationary sources that emit criteria
pollutants. The intended effect of this
action is to approve the revision into the
Maine SIP. This action is being taken
under the Clean Air Act (CAA).
DATES: This direct final rule is effective
June 30, 2017, unless EPA receives
adverse comments by May 31, 2017. If
adverse comments are received, EPA
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2017–0024 at https://
www.regulations.gov, or via email to
Mackintosh.David@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
accompanied by a written comment.
The written comment is considered the
SUMMARY:
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Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
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:
David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912, tel. 617–918–1584, fax
617–918–0668, email
Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
The following outline is provided to
aid in locating information in this
preamble.
I. What action is EPA taking?
II. What is the background for this action?
III. What is included in the submittal?
IV. EPA’s Evaluation of the Submittal
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
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I. What action is EPA taking?
EPA is approving a SIP revision
submitted by the State of Maine on
November 26, 2008, concerning updates
to emission statement requirements for
certain stationary sources that emit
criteria pollutants. The Maine
requirements, set out in Chapter 137
Emission Statements, were revised to be
consistent with EPA’s Air Emissions
Reporting Requirements (AERR) at 40
CFR part 51, subpart A.
II. What is the background for this
action?
Sections 182(a)(3)(B) and 184(b)(2) of
the CAA require that states develop and
submit, as SIP revisions, rules which
establish annual reporting requirements
from certain stationary sources. EPA
proposed updates to AERR on January 3,
2006 (71 FR 69) and then finalized the
rule on December 17, 2008 (73 FR
76539). On November 26, 2008, Maine
submitted a formal revision to its State
Implementation Plan (SIP), which
consists of updates to Maine’s Chapter
137 Emission Statements rule. On
January 23, 2017, Maine withdrew from
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the submittal certain sections of Chapter
137. EPA last approved Maine’s Chapter
137 Emission Statements on November
21, 2007 (72 FR 65462).
III. What is included in the submittal?
Maine’s November 26, 2008 SIP
submittal includes Chapter 137
Emission Statements, effective in Maine
on November 8, 2008, less the portions
Maine withdrew from the submittal on
January 23, 2017. The withdrawn
sections no longer pending before EPA
address non-criteria pollutant (i.e.,
greenhouse gas and hazardous air
pollutant (HAP)) reporting
requirements. Specifically, the
following sections of Chapter 137 were
withdrawn from the submittal: Sections
1(C), (E), and (F); Definitions 2(A)
through (F) and (I); Sections 3(B) and
(C); the last sentence of Section 4(D)(5),
and all of Appendices A and B.
IV. EPA’s Evaluation of the Submittal
Maine’s Chapter 137 Emission
Statements has been revised to
incorporate changes to be consistent
with the AERR. The revised rule adds a
definition for the term ‘‘Process Unit,’’
which is defined as ‘‘any combination of
equipment or operation and material or
fuel which emits pollutants.’’ The
revised rule also includes an earlier
emissions statement filing deadline. The
deadline which was previously
September 1 of the year following the
inventory, was changed to July 1, 2009
for the 2008 inventory and then later
changed to May 15 of the year following
the inventory year beginning with
inventory year 2009. The revisions also
specify additional information to be
submitted in the inventory statements:
1. Technical contact name, telephone
number and email;
2. Latitude and longitude method
accuracy description code used to
define the accuracy of the geographic
data;
3. Emissions control status indicating
whether reported emissions are
controlled or uncontrolled;
4. Unit type code indicating the type
of emissions unit (e.g., boiler, turbine,
etc.);
5. Unit operating status code
indicating the operating status of the
emissions unit (e.g. operating,
permanently shut down, etc.);
6. Unit operating status date
indicating the year in which the unit
status is applicable; and
7. Emission release point type
indicating the physical configuration of
the release point (e.g., stack, fugitive,
etc.).
Maine’s revised Chapter 137 includes
additional reporting requirements and
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requires information to be submitted
earlier than the SIP-approved version of
the regulation and is consistent with the
AERR. Thus, the revised Chapter 137
Emission Statements satisfies the antiback sliding requirements in Section
110(l) of the CAA and we are approving
Maine’s revised rule into the Maine SIP.
V. Final Action
EPA is approving, and incorporating
into the Maine SIP, revised Chapter 137
Emission Statements, with the
exception of portions of Chapter 137
that were withdrawn from Maine’s
submittal: Sections 1(C), (E), and (F);
Definitions 2(A) through (F) and (I);
Sections 3(B) and (C); the last sentence
of Section 4(D)(5); and Appendix A and
B.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective June 30,
2017 without further notice unless the
Agency receives relevant adverse
comments by May 31, 2017.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on June 30, 2017 and no further action
will be taken on the proposed rule.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
V. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the State
of Maine regulation described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
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Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
continue to make, these materials
generally available through
www.regulations.gov, and/or at the EPA
Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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VI. 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 (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);
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• 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
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 30, 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
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20259
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: 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—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 U—Maine
2. In § 52.1020(c), the table is
amended by revising the entry for
‘‘Chapter 137’’ to read as follows:
■
§ 52.1020
*
Identification of plan.
*
*
(c) * * *
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20260
Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
EPA-APPROVED MAINE REGULATIONS
State citation
State effective
date
Title/subject
*
Chapter 137 .................
*
*
Emission Statements ..
*
*
11/08/2008
EPA approval date
EPA approval date and
citation 1
*
*
05/01/2017 [Insert Federal
Register citation].
*
*
Explanations
*
*
The entire chapter is approved with the exception of HAP and greenhouse gas reporting
requirements which were withdrawn from
the State’s SIP revision: Sections 1(C), (E),
and (F); Definitions 2(A) through (F) and (I);
Sections 3(B) and (C); the last sentence of
Section 4(D)(5); and Appendix A and B.
*
*
*
1 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.
*
*
*
*
attainment or maintenance of the
NAAQS or with any other CAA
requirement. EPA has determined that
Tennessee’s November 21, 2016, SIP
revision is consistent with the
applicable provisions of the CAA.
DATES: This rule is effective May 1,
2017.
*
[FR Doc. 2017–08648 Filed 4–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0615; FRL–9961–48–
Region 4]
Air Plan Approval; TN: NonInterference Demonstration for Federal
Low-Reid Vapor Pressure Requirement
in Middle Tennessee
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State of
Tennessee’s November 21, 2016,
revision to its State Implementation
Plan (SIP), submitted through the
Tennessee Department of Environment
and Conservation (TDEC), in support of
the State’s request that EPA change the
federal Reid Vapor Pressure (RVP)
requirements for Davidson, Rutherford,
Sumner, Williamson, and Wilson
Counties (hereinafter referred to as the
‘‘Middle Tennessee Area’’ or ‘‘Area’’).
Tennessee’s November 21, 2016, SIP
submittal revises its maintenance plan
for the Middle Tennessee Area for the
1997 8-hour ozone national ambient air
quality standard (NAAQS) and
demonstrates that relaxing the federal
RVP requirements in this Area would
not interfere with the Area’s ability to
meet the requirements of the Clean Air
Act (CAA or Act). Specifically,
Tennessee’s SIP revision concludes that
relaxing the federal RVP requirement
from 7.8 pounds per square inch (psi) to
9.0 psi for gasoline sold between June 1
and September 15 of each year in the
Area would not interfere with
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SUMMARY:
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EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0615. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: D.
Brad Akers, 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. Akers
can be reached via telephone at (404)
ADDRESSES:
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562–9089 or via electronic mail at
akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for this final
action?
On November 21, 2016, Tennessee
submitted a SIP revision consisting of a
revision to its 110(a)(1) maintenance
plan for the 1997 8-hour ozone NAAQS
for the Middle Tennessee Area and the
technical noninterference
demonstration supporting the State’s
request to change the federal RVP
requirements from 7.8 psi to 9.0 psi in
the Area. In a notice of proposed
rulemaking (NPR) published on
February 24, 2017 (82 FR 11517), EPA
proposed to approve the State’s
noninterference demonstration and the
updates to updated emissions inventory
and projections associated with the
mobile source modeling used in the
State’s noninterference demonstration
related to RVP. The details of
Tennessee’s submittal and the rationale
for EPA’s actions are explained in the
NPR. EPA did not receive any adverse
comments on the proposed action.
II. Final Action
EPA is approving Tennessee’s
November 21, 2016, SIP revision
consisting of a revision to its 110(a)(1)
maintenance plan for the 1997 8-hour
ozone NAAQS for the Middle Tennessee
Area and the technical noninterference
demonstration supporting the State’s
request to change the federal RVP
requirements from 7.8 psi to 9.0 psi in
the Area. Specifically, EPA is finalizing
updated emissions inventory and
projections associated with the mobile
source modeling used in the State’s
noninterference demonstration related
to RVP. EPA has determined that the
change in the RVP requirements for
Davidson, Rutherford, Sumner,
Williamson, and Wilson Counties will
E:\FR\FM\01MYR1.SGM
01MYR1
Agencies
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20257-20260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08648]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0024; A-1-FRL-9961-42-Region 1]
Air Plan Approval; ME; Emission Statement Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Maine. The
revision updates Maine's emissions reporting requirements for certain
stationary sources that emit criteria pollutants. The intended effect
of this action is to approve the revision into the Maine SIP. This
action is being taken under the Clean Air Act (CAA).
DATES: This direct final rule is effective June 30, 2017, unless EPA
receives adverse comments by May 31, 2017. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0024 at https://www.regulations.gov, or via email to
Mackintosh.David@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 accompanied by a written
comment. The written comment is considered the
[[Page 20258]]
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: David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2),
Boston, MA 02109-3912, tel. 617-918-1584, fax 617-918-0668, email
Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
The following outline is provided to aid in locating information in
this preamble.
I. What action is EPA taking?
II. What is the background for this action?
III. What is included in the submittal?
IV. EPA's Evaluation of the Submittal
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving a SIP revision submitted by the State of Maine on
November 26, 2008, concerning updates to emission statement
requirements for certain stationary sources that emit criteria
pollutants. The Maine requirements, set out in Chapter 137 Emission
Statements, were revised to be consistent with EPA's Air Emissions
Reporting Requirements (AERR) at 40 CFR part 51, subpart A.
II. What is the background for this action?
Sections 182(a)(3)(B) and 184(b)(2) of the CAA require that states
develop and submit, as SIP revisions, rules which establish annual
reporting requirements from certain stationary sources. EPA proposed
updates to AERR on January 3, 2006 (71 FR 69) and then finalized the
rule on December 17, 2008 (73 FR 76539). On November 26, 2008, Maine
submitted a formal revision to its State Implementation Plan (SIP),
which consists of updates to Maine's Chapter 137 Emission Statements
rule. On January 23, 2017, Maine withdrew from the submittal certain
sections of Chapter 137. EPA last approved Maine's Chapter 137 Emission
Statements on November 21, 2007 (72 FR 65462).
III. What is included in the submittal?
Maine's November 26, 2008 SIP submittal includes Chapter 137
Emission Statements, effective in Maine on November 8, 2008, less the
portions Maine withdrew from the submittal on January 23, 2017. The
withdrawn sections no longer pending before EPA address non-criteria
pollutant (i.e., greenhouse gas and hazardous air pollutant (HAP))
reporting requirements. Specifically, the following sections of Chapter
137 were withdrawn from the submittal: Sections 1(C), (E), and (F);
Definitions 2(A) through (F) and (I); Sections 3(B) and (C); the last
sentence of Section 4(D)(5), and all of Appendices A and B.
IV. EPA's Evaluation of the Submittal
Maine's Chapter 137 Emission Statements has been revised to
incorporate changes to be consistent with the AERR. The revised rule
adds a definition for the term ``Process Unit,'' which is defined as
``any combination of equipment or operation and material or fuel which
emits pollutants.'' The revised rule also includes an earlier emissions
statement filing deadline. The deadline which was previously September
1 of the year following the inventory, was changed to July 1, 2009 for
the 2008 inventory and then later changed to May 15 of the year
following the inventory year beginning with inventory year 2009. The
revisions also specify additional information to be submitted in the
inventory statements:
1. Technical contact name, telephone number and email;
2. Latitude and longitude method accuracy description code used to
define the accuracy of the geographic data;
3. Emissions control status indicating whether reported emissions
are controlled or uncontrolled;
4. Unit type code indicating the type of emissions unit (e.g.,
boiler, turbine, etc.);
5. Unit operating status code indicating the operating status of
the emissions unit (e.g. operating, permanently shut down, etc.);
6. Unit operating status date indicating the year in which the unit
status is applicable; and
7. Emission release point type indicating the physical
configuration of the release point (e.g., stack, fugitive, etc.).
Maine's revised Chapter 137 includes additional reporting requirements
and requires information to be submitted earlier than the SIP-approved
version of the regulation and is consistent with the AERR. Thus, the
revised Chapter 137 Emission Statements satisfies the anti-back sliding
requirements in Section 110(l) of the CAA and we are approving Maine's
revised rule into the Maine SIP.
V. Final Action
EPA is approving, and incorporating into the Maine SIP, revised
Chapter 137 Emission Statements, with the exception of portions of
Chapter 137 that were withdrawn from Maine's submittal: Sections 1(C),
(E), and (F); Definitions 2(A) through (F) and (I); Sections 3(B) and
(C); the last sentence of Section 4(D)(5); and Appendix A and B.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective June
30, 2017 without further notice unless the Agency receives relevant
adverse comments by May 31, 2017.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on June 30, 2017 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the State
of Maine regulation described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will
[[Page 20259]]
continue to make, these materials generally available through
www.regulations.gov, and/or at the EPA Region 1 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
VI. 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 (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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the 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 30, 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: 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--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 U--Maine
0
2. In Sec. 52.1020(c), the table is amended by revising the entry for
``Chapter 137'' to read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
[[Page 20260]]
EPA-Approved Maine Regulations
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State EPA approval date EPA approval date and
State citation Title/subject effective date citation \1\ Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 137.......................... Emission Statements..... 11/08/2008 05/01/2017 [Insert Federal Register The entire chapter is
citation]. approved with the exception
of HAP and greenhouse gas
reporting requirements
which were withdrawn from
the State's SIP revision:
Sections 1(C), (E), and
(F); Definitions 2(A)
through (F) and (I);
Sections 3(B) and (C); the
last sentence of Section
4(D)(5); and Appendix A and
B.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 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.
* * * * *
[FR Doc. 2017-08648 Filed 4-28-17; 8:45 am]
BILLING CODE 6560-50-P