Air Plan Approval; Florida; Stationary Sources Emissions Monitoring; Withdrawal, 58115-58116 [2017-26633]
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Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting one hour on one mile of
navigable waters between mile marker
(MM) 94.0 and MM 95.0 of the Lower
Mississippi River. Normally such
actions are categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration (REC) is available in the
docket for this rulemaking.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0986 to read as
follows:
■
§ 165.T08–0986 Safety Zone; Lower
Mississippi River, New Orleans, LA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River above Head of
Passes, New Orleans, LA between mile
marker 94.0 and mile marker 95.0.
(b) Effective period. This section is
effective from 8:30 p.m. through 9:30
p.m. on January 6, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector New Orleans (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector New
Orleans.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners of any changes in
the planned schedule.
Dated: December 4, 2017.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the
Port New Orleans.
[FR Doc. 2017–26561 Filed 12–8–17; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
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Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard to amend 33
CFR part 165 as follows:
40 CFR Part 52
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
AGENCY:
1. The authority citation for part 165
continues to read as follows:
■
17:23 Dec 08, 2017
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Air Plan Approval; Florida; Stationary
Sources Emissions Monitoring;
Withdrawal
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
Due to the receipt of an
adverse comment, the Environmental
Protection Agency (EPA) is withdrawing
SUMMARY:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
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58115
the October 13, 2017, direct final rule
that would have approved changes to
the Florida Department of
Environmental Protection (FDEP) State
Implementation Plan (SIP) to revise
Florida’s requirements and procedures
for emissions monitoring at stationary
sources. EPA will address the comment
in a separate final action based upon the
proposed rulemaking action, also
published on October 13, 2017.
DATES: The direct final rule published at
82 FR 47636, on October 13, 2017, is
withdrawn effective December 11, 2017.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, 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.
Febres can be reached via telephone at
(404) 562–8966 or via electronic mail at
febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION: On
October 13, 2017 (82 FR 47636), EPA
published a direct final rule approving
a portion of a SIP revision submitted by
the State of Florida, through FDEP on
February 1, 2017, for the purpose of
revising Florida’s requirements and
procedures for emissions monitoring at
stationary sources. Florida’s February 1,
2017, SIP submittal included
amendments to three Florida
Administrative Code (F.A.C.) rule
sections, as well as the removal of one
F.A.C. rule section from the Florida SIP
in order to eliminate redundant
language and make updates to the
requirements for emissions monitoring
at stationary sources. Additionally, the
October 13, 2017, direct final rule
included a correction to remove an
additional F.A.C. rule that was
previously approved for removal from
the SIP in a separate action but was
never removed.
In the direct final rule, EPA explained
that the Agency was publishing the rule
without prior proposal because the
Agency viewed the submittal as a noncontroversial SIP amendment and
anticipated no adverse comments.
Further, EPA explained that the Agency
was publishing a separate document in
the proposed rules section of the
Federal Register to serve as the proposal
to approve the SIP revision should an
adverse comment be filed. EPA also
noted that the rule would be effective
generally 30 days after the close of the
public comment period, without further
notice unless the Agency received
adverse comment by the close of the
public comment period. EPA explained
that if the Agency received such
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58116
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
Air Plan Approval; Minnesota; 2008
Ozone Transport
ensure that Minnesota emissions do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2008 ozone NAAQS
in any other state. The proposed
rulemaking associated with this final
action was published on July 17, 2017,
and EPA received no comments during
the comment period, which ended on
August 16, 2017.
DATES: This final rule is effective on
January 10, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0327. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) 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 through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Eric
Svingen, Environmental Engineer, at
(312) 353–4489 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Background
II. EPA’s Analysis of Minnesota’s Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
The Environmental Protection
Agency (EPA) is approving a May 26,
2016, State Implementation Plan (SIP)
submission from Minnesota that is
intended to demonstrate that the
Minnesota SIP meets certain interstate
transport requirements of the Clean Air
Act (CAA) for the 2008 ozone National
Ambient Air Quality Standards
(NAAQS). EPA is approving this SIP as
containing adequate provisions to
I. Background
On March 12, 2008, EPA revised the
levels of the primary and secondary
ozone standards from 0.08 parts per
million (ppm) to 0.075 ppm (73 FR
16436). The CAA requires states to
submit, within three years after
promulgation of a new or revised
standard, SIPs meeting the applicable
‘‘infrastructure’’ elements of sections
110(a)(1) and (2). One of these
comments, then EPA would publish a
document withdrawing the final rule
and informing the public that the rule
would not take effect. It was also
explained that all public comments
received would then be addressed in a
subsequent final rule based on the
proposed rule, and that EPA would not
institute a second comment period on
this action.
EPA received one adverse comment
from a single Commenter on the
aforementioned changes. EPA will
address the comment in a separate final
action based on the proposed action also
published on October 13, 2017 (82 FR
47662). In addition, because information
in the docket was not fully accessible to
the public during the initial comment
period, in a separate action EPA will
reopen the comment period for the
proposed rule.
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: November 21, 2017.
Onis ‘‘Trey’’ Glenn, III
Regional Administrator, Region 4.
Accordingly, the amendment to 40
CFR 52.520(c) published on October 13,
2017 (82 FR 47636), is withdrawn
effective December 11, 2017.
■
[FR Doc. 2017–26633 Filed 12–8–17; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0327; FRL–9971–61–
Region 5]
AGENCY:
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SUMMARY:
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applicable infrastructure elements, CAA
section 110(a)(2)(D)(i), requires SIPs to
contain ‘‘good neighbor’’ provisions to
prohibit certain adverse air quality
effects on neighboring states due to
interstate transport of pollution. There
are four sub-elements within CAA
section 110(a)(2)(D)(i). This action
addresses the first two sub-elements of
the good neighbor provisions, at CAA
section 110(a)(2)(D)(i)(I). These subelements require that each SIP for a new
or revised standard contain adequate
provisions to prohibit any source or
other type of emissions activity within
the state from emitting air pollutants
that will ‘‘contribute significantly to
nonattainment’’ or ‘‘interfere with
maintenance’’ of the applicable air
quality standard in any other state.
II. EPA’s Analysis of Minnesota’s
Submittal
On May 26, 2016, the State of
Minnesota submitted a revision to its
SIP to address the first two sub-elements
of the good neighbor provisions, at CAA
section 110(a)(2)(D)(i)(I). Specifically,
Minnesota’s submission asserts that the
state’s SIP contains adequate provisions
to prohibit any source or other type of
emissions activity within the state from
emitting air pollutants that will
‘‘contribute significantly to
nonattainment’’ or ‘‘interfere with
maintenance’’ of the 2008 ozone
standard in any other state. The SIP
submission highlights rules and statutes
already in Minnesota’s SIP that limit
emissions of nitrogen oxides (NOX) and
volatile organic compounds (VOC), the
precursor pollutants contributing to
ozone formation. The submission also
notes that Minnesota sources are subject
to a Federal Implementation Plan (FIP)
for the Cross-State Air Pollution Rule
(CSAPR) at 40 CFR 52.1240, and are
required to reduce annual emissions of
NOX in support of the 2006 NAAQS for
fine particulate matter (PM2.5).
EPA developed technical information
and a related analysis to assist states
with meeting section 110(a)(2)(D)(i)(I)
requirements for the 2008 ozone
NAAQS, and used this technical
analysis to support the CSAPR Update
for the 2008 Ozone NAAQS (‘‘CSAPR
Update’’).1 EPA’s analysis confirms the
assertion in Minnesota’s submittal:
Minnesota does not significantly
contribute to nonattainment or interfere
with maintenance of the 2008 ozone
standard in any other state.
On July 17, 2017 (82 FR 32673), EPA
published a rule proposing to approve
Minnesota’s interstate transport SIP for
purposes of meeting the CAA section
1 81
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11DER1
]]>Agencies
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58115-58116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26633]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0500; FRL-9971-72-Region 4]
Air Plan Approval; Florida; Stationary Sources Emissions
Monitoring; Withdrawal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
-----------------------------------------------------------------------
SUMMARY: Due to the receipt of an adverse comment, the Environmental
Protection Agency (EPA) is withdrawing the October 13, 2017, direct
final rule that would have approved changes to the Florida Department
of Environmental Protection (FDEP) State Implementation Plan (SIP) to
revise Florida's requirements and procedures for emissions monitoring
at stationary sources. EPA will address the comment in a separate final
action based upon the proposed rulemaking action, also published on
October 13, 2017.
DATES: The direct final rule published at 82 FR 47636, on October 13,
2017, is withdrawn effective December 11, 2017.
FOR FURTHER INFORMATION CONTACT: Andres Febres, 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. Febres can be reached via telephone at (404) 562-8966
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On October 13, 2017 (82 FR 47636), EPA
published a direct final rule approving a portion of a SIP revision
submitted by the State of Florida, through FDEP on February 1, 2017,
for the purpose of revising Florida's requirements and procedures for
emissions monitoring at stationary sources. Florida's February 1, 2017,
SIP submittal included amendments to three Florida Administrative Code
(F.A.C.) rule sections, as well as the removal of one F.A.C. rule
section from the Florida SIP in order to eliminate redundant language
and make updates to the requirements for emissions monitoring at
stationary sources. Additionally, the October 13, 2017, direct final
rule included a correction to remove an additional F.A.C. rule that was
previously approved for removal from the SIP in a separate action but
was never removed.
In the direct final rule, EPA explained that the Agency was
publishing the rule without prior proposal because the Agency viewed
the submittal as a non-controversial SIP amendment and anticipated no
adverse comments. Further, EPA explained that the Agency was publishing
a separate document in the proposed rules section of the Federal
Register to serve as the proposal to approve the SIP revision should an
adverse comment be filed. EPA also noted that the rule would be
effective generally 30 days after the close of the public comment
period, without further notice unless the Agency received adverse
comment by the close of the public comment period. EPA explained that
if the Agency received such
[[Page 58116]]
comments, then EPA would publish a document withdrawing the final rule
and informing the public that the rule would not take effect. It was
also explained that all public comments received would then be
addressed in a subsequent final rule based on the proposed rule, and
that EPA would not institute a second comment period on this action.
EPA received one adverse comment from a single Commenter on the
aforementioned changes. EPA will address the comment in a separate
final action based on the proposed action also published on October 13,
2017 (82 FR 47662). In addition, because information in the docket was
not fully accessible to the public during the initial comment period,
in a separate action EPA will reopen the comment period for the
proposed rule.
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: November 21, 2017.
Onis ``Trey'' Glenn, III
Regional Administrator, Region 4.
0
Accordingly, the amendment to 40 CFR 52.520(c) published on October 13,
2017 (82 FR 47636), is withdrawn effective December 11, 2017.
[FR Doc. 2017-26633 Filed 12-8-17; 8:45 am]
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