Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Removal of Clean Air Interstate Rule Trading Programs Replaced by Cross-State Air Pollution Rule Trading Programs; Withdrawal of Direct Final Rule, 58341-58342 [2017-26408]
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Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
fixed income, PHAs using streamlined
income determinations must apply a
COLA or COLAs to the family’s sources
of fixed income, provided that the
family certifies both that 90 percent or
more of their unadjusted income is fixed
income and that their sources of fixed
income have not changed from the
previous year. For non-fixed income,
the PHA may choose, but is not
required, to make appropriate
adjustments pursuant to paragraph (a) of
this section.
(ii) When less than 90 percent of a
family’s unadjusted income consists of
fixed income, PHAs using streamlined
income determinations must apply a
COLA to each of the family’s sources of
fixed income individually. The PHA
must determine all other income
pursuant to paragraph (a) of this section.
(4) COLA rate applied by PHAs. PHAs
using streamlined income
determinations must adjust a family’s
fixed income using a COLA or current
interest rate that applies to each specific
source of fixed income and is available
from a public source or through tenantprovided, third-party-generated
documentation. If no public verification
or tenant-provided documentation is
available, then the owner must obtain
third-party verification of the income
amounts in order to calculate the change
in income for the source.
(5) Triennial verification. For any
income determined pursuant to a
streamlined income determination, a
PHA must obtain third-party
verification of all income amounts every
3 years.
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PART 982—SECTION 8 TENANTBASED ASSISTANCE: HOUSING
CHOICE VOUCHER PROGRAM
9. The authority citation for part 982
continues to read as follows:
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Authority: 42 U.S.C. 1437f and 3535(d).
10. In § 982.516, revise paragraph (b)
to read as follows:
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§ 982.516 Family income and composition:
Annual and interim reexaminations.
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(b) Streamlined income
determination—(1) General. A PHA may
elect to apply a streamlined income
determination to families receiving
fixed income as described in paragraph
(b)(3) of this section.
(2) Definition of ‘‘fixed income’’. For
purposes of this section, ‘‘fixed income’’
means periodic payments at reasonably
predictable levels from one or more of
the following sources:
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(i) Social Security, Supplemental
Security Income, Supplemental
Disability Insurance.
(ii) Federal, state, local, or private
pension plans.
(iii) Annuities or other retirement
benefit programs, insurance policies,
disability or death benefits, or other
similar types of periodic receipts.
(iv) Any other source of income
subject to adjustment by a verifiable
COLA or current rate of interest.
(3) Method of streamlined income
determination. A PHA using the
streamlined income determination must
adjust a family’s income according to
the percentage of a family’s unadjusted
income that is from fixed income.
(i) When 90 percent or more of a
family’s unadjusted income consists of
fixed income, PHAs using streamlined
income determinations must apply a
COLA or COLAs to the family’s fixedincome sources, provided that the
family certifies both that 90 percent or
more of their unadjusted income is fixed
income and that their sources of fixed
income have not changed from the
previous year. For non-fixed income,
the PHA may choose, but is not
required, to make appropriate
adjustments pursuant to paragraph (a) of
this section
(ii) When less than 90 percent of a
family’s unadjusted income consists of
fixed income, PHAs using streamlined
income determinations must apply a
COLA to each of the family’s sources of
fixed income individually. The PHA
must determine all other income
pursuant to paragraph (a) of this section.
(4) COLA rate applied by PHAs. PHAs
using streamlined income
determinations must adjust a family’s
fixed income using a COLA or current
interest rate that applies to each specific
source of fixed income and is available
from a public source or through tenantprovided, third-party-generated
documentation. If no public verification
or tenant-provided documentation is
available, then the owner must obtain
third-party verification of the income
amounts in order to calculate the change
in income for the source.
(5) Triennial verification. For any
income determined pursuant to a
streamlined income determination, a
PHA must obtain third-party
verification of all income amounts every
3 years.
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Dated: November 8, 2017.
Pamela H. Patenaude,
Deputy Secretary.
[FR Doc. 2017–26697 Filed 12–11–17; 8:45 am]
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58341
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0574; FRL–9971–56–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Removal of Clean Air
Interstate Rule Trading Programs
Replaced by Cross-State Air Pollution
Rule Trading Programs; Withdrawal of
Direct Final Rule
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to receipt of an adverse
comment, the Environmental Protection
Agency (EPA) is withdrawing the
September 25, 2017 direct final rule that
approved two state implementation plan
(SIP) revisions submitted by the State of
West Virginia removing the Clean Air
Interstate Rule (CAIR) annual nitrogen
oxide (NOX) and annual sulfur dioxide
(SO2) trading programs from the West
Virginia SIP.
DATES: The direct final rule published at
82 FR 44525 on September 25, 2017 is
withdrawn as of December 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION: On July
13, 2016, the State of West Virginia,
through the West Virginia Department
of Environmental Protection (WVDEP),
submitted three SIP revisions requesting
that EPA remove from its SIP three
regulations that implemented the CAIR
(70 FR 25162, May 12, 2005) trading
programs: Regulation 45CSR39—Control
of Annual Nitrogen Oxides Emissions,
Regulation 45CSR40—Control of Ozone
Season Nitrogen Oxides Emissions, and
Regulation 45CSR41—Control of
Annual Sulfur Dioxide Emissions. The
September 25, 2017 action pertained to
the two submittals that requested
removal of 45CSR39 and 45CSR41, the
CAIR annual NOX and annual SO2
trading programs, respectively, from the
West Virginia SIP. The submittal
pertaining to removal of the CAIR ozone
season NOX trading program was not a
part of that action and is being
addressed in a separate action. In the
direct final rule published on September
25, 2017 (82 FR 44525), EPA stated that
if EPA received adverse comments by
October 25, 2017, the rule would be
withdrawn and not take effect. EPA
subsequently received an adverse
comment from an anonymous
commenter.
SUMMARY:
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58342
Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
Because an adverse comment was
received, EPA is withdrawing the direct
final rule approving the revisions to the
West Virginia SIP that remove the CAIR
annual trading programs for NOX and
SO2. EPA will address the comment
received in a subsequent final action
based upon the proposed rulemaking
action also published on September 25,
2017 (82 FR 44544), for the two July 13,
2016 SIP submissions. EPA will not
institute a second comment period on
this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: November 22, 2017.
Cosmo Servidio,
Regional Administrator, Region III.
Accordingly, the amendments to
§ 52.2520(c) published on September 25,
2017 (82 FR 44525), which were to
become effective December 26, 2017, are
withdrawn as of December 12, 2017.
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[FR Doc. 2017–26408 Filed 12–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2017–0459; FRL–9971–83–
Region 2]
Approval and Promulgation of
Implementation Plans; New York;
Reasonably Available Control
Technology for the 2008 8-Hour Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is conditionally
approving a State Implementation Plan
(SIP) submitted by the State of New
York for purposes of implementing
Reasonably Available Control
Technology (RACT) for the 2008 8-hour
ozone National Ambient Air Quality
Standard (NAAQS) related to control of
volatile organic compounds (VOCs)
from industrial cleaning solvents. The
EPA is approving New York’s Ozone
Transport Region RACT SIP as it applies
to non-control technique guideline
major sources of VOCs and major
sources of oxides of nitrogen. The EPA
is also approving the State of New
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SUMMARY:
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York’s state-wide non-attainment new
source review certification as sufficient
for purposes of satisfying the 2008
8-hour ozone NAAQS. The EPA is
approving New York’s certification that
there are no sources within the State for
the following CTGs: Manufacture of
Vegetable Oils and Application of
Agricultural Pesticides. This action is
being taken in accordance with the
requirements of the Clean Air Act.
DATES: This final rule is effective on
January 11, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2017–0459. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., 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 electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Anthony (Ted) Gardella, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3892, or by email at
Gardella.Anthony@epa.gov.
SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. What is the background for this action?
II. What comments were received in response
to the EPA’s proposed action?
III. What action is the EPA taking?
IV. What are the consequences if a condition
is not met?
A. What are the Act’s provisions for
sanctions?
B. What Federal implementation plan
provisions apply if a state fails to submit
an approvable plan?
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
On September 14, 2017 (82 FR 43209),
the EPA published a Notice of Proposed
Rulemaking that proposed to
conditionally approve the State of New
York’s December 22, 2014 State
Implementation Plan (SIP) submittal,1
for purposes of implementing
Reasonably Available Control
Technology (RACT) 2 for the 2008
1 New York supplemented its SIP submittal by
letter dated September 6, 2017.
2 The EPA has defined RACT as the lowest
emission limitation that a particular source is
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8-hour ozone National Ambient Air
Quality Standard (NAAQS or standard).
The EPA proposed to approve New
York’s Ozone Transport Region RACT
SIP as it applies to non-control
technique guideline major sources of
VOCs and major sources of oxides of
nitrogen. The EPA also proposed to
approve the State of New York’s statewide non-attainment new source review
certification as sufficient for purposes of
satisfying the 2008 8-hour ozone
NAAQS.3 In addition, the EPA proposed
to approve New York’s certification that
there are no sources within the State for
the following CTGs: (a) Manufacture of
Vegetable Oils and (b) Application of
Agricultural Pesticides.
The proposed approval was
conditioned on New York finalizing
revisions to RACT requirements related
sources subject to the industrial
cleaning solvents control techniques
guidelines (CTG). As the SIP submittal
indicates, the RACT requirements for
the 2008 ozone NAAQS have been
fulfilled with the exception of sources
subject to the industrial cleaning
solvents CTG. In the SIP submittal, New
York committed to address sources
subject to this CTG through a timely
revision to Title 6 of the New York
Codes, Rules and Regulations Part 226
entitled, ‘‘Solvent Metal Cleaning
Processes’’ (6 NYCRR Part 226).
Therefore, consistent with section
110(k)(4) of the Clean Air Act (CAA),
the EPA’s September 14, 2017
rulemaking, signed September 6, 2017
and published September 14, 2017,
proposed to conditionally approve New
York’s December 2014 SIP submittal. On
September 6, 2017, New York
supplemented its SIP submittal with a
letter to the EPA committing to fulfill
the requirements of the industrial
cleaning solvents CTG by finalizing
revisions to Part 226 by November 30,
2018. Therefore, based on the State’s
September 6, 2017 commitment letter,
the EPA is conditionally approving New
York’s December 2014 SIP submittal, as
it applies to CTG requirements for VOC
major sources, for purposes of
implementing RACT statewide for the
2008 8-hour ozone NAAQS.
The specific details of New York’s
December 2014 SIP submittal and the
rationale for the EPA’s approval action
are explained in the EPA’s proposed
rulemaking and are not restated in this
capable of meeting by the application of control
technology that is reasonably available considering
technological and economic feasibility (44 FR
53762, September 17, 1979).
3 New York’s nonattainment new source review
certification addresses both the New York-Northern
New Jersey-Long Island, NY-NJ-CT and the
Jamestown nonattainment areas.
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Agencies
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58341-58342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26408]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0574; FRL-9971-56-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Removal of Clean Air Interstate Rule Trading Programs
Replaced by Cross-State Air Pollution Rule Trading Programs; Withdrawal
of Direct Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
-----------------------------------------------------------------------
SUMMARY: Due to receipt of an adverse comment, the Environmental
Protection Agency (EPA) is withdrawing the September 25, 2017 direct
final rule that approved two state implementation plan (SIP) revisions
submitted by the State of West Virginia removing the Clean Air
Interstate Rule (CAIR) annual nitrogen oxide (NOX) and
annual sulfur dioxide (SO2) trading programs from the West
Virginia SIP.
DATES: The direct final rule published at 82 FR 44525 on September 25,
2017 is withdrawn as of December 12, 2017.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On July 13, 2016, the State of West
Virginia, through the West Virginia Department of Environmental
Protection (WVDEP), submitted three SIP revisions requesting that EPA
remove from its SIP three regulations that implemented the CAIR (70 FR
25162, May 12, 2005) trading programs: Regulation 45CSR39--Control of
Annual Nitrogen Oxides Emissions, Regulation 45CSR40--Control of Ozone
Season Nitrogen Oxides Emissions, and Regulation 45CSR41--Control of
Annual Sulfur Dioxide Emissions. The September 25, 2017 action
pertained to the two submittals that requested removal of 45CSR39 and
45CSR41, the CAIR annual NOX and annual SO2
trading programs, respectively, from the West Virginia SIP. The
submittal pertaining to removal of the CAIR ozone season NOX
trading program was not a part of that action and is being addressed in
a separate action. In the direct final rule published on September 25,
2017 (82 FR 44525), EPA stated that if EPA received adverse comments by
October 25, 2017, the rule would be withdrawn and not take effect. EPA
subsequently received an adverse comment from an anonymous commenter.
[[Page 58342]]
Because an adverse comment was received, EPA is withdrawing the
direct final rule approving the revisions to the West Virginia SIP that
remove the CAIR annual trading programs for NOX and
SO2. EPA will address the comment received in a subsequent
final action based upon the proposed rulemaking action also published
on September 25, 2017 (82 FR 44544), for the two July 13, 2016 SIP
submissions. EPA will not institute a second comment period on this
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: November 22, 2017.
Cosmo Servidio,
Regional Administrator, Region III.
0
Accordingly, the amendments to Sec. 52.2520(c) published on September
25, 2017 (82 FR 44525), which were to become effective December 26,
2017, are withdrawn as of December 12, 2017.
[FR Doc. 2017-26408 Filed 12-11-17; 8:45 am]
BILLING CODE 6560-50-P