Air Plan Approval; NC; Open Burning and Miscellaneous Revisions, 1194-1195 [2018-00028]

Download as PDF 1194 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued Environmental statute 42 U.S.C. 9609(b) ................... 42 U.S.C. 9609(c) ................... 42 U.S.C. 11045(a) ................. CERCLA ...................................................... CERCLA ...................................................... EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA). EPCRA ........................................................ EPCRA ........................................................ EPCRA ........................................................ EPCRA ........................................................ EPCRA ........................................................ EPCRA ........................................................ MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT (BATTERY ACT). BATTERY ACT ........................................... U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 11045(b)(1)(A) ........ 11045(b)(2) ............. 11045(b)(3) ............. 11045(c)(1) ............. 11045(c)(2) ............. 11045(d)(1) ............. 14304(a)(1) ............. 42 U.S.C. 14304(g) ................. Statutory civil penalties for violations that occurred after November 2, 2015, where penalties are assessed on or after January 15, 2017 but before January 15, 2018 Statutory civil penalties for violations that occurred after November 2, 2015, where penalties are assessed on or after January 15, 2018 25,000/75,000 25,000/75,000 25,000 53,907/161,721 53,907/161,721 53,907 54,789/164,367 54,789/164,367 54,789 55,907/167,722 55,907/167,722 55,907 25,000 25,000/75,000 25,000/75,000 25,000 10,000 25,000 10,000 53,907 53,907/161,721 53,907/161,721 53,907 21,563 53,907 15,025 54,789 54,789/164,367 54,789/164,367 54,789 21,916 54,789 15,271 55,907 55,907/167,722 55,907/167,722 55,907 22,363 55,907 15,583 10,000 15,025 15,271 15,583 Statutory civil penalties, as enacted U.S. Code citation 42 42 42 42 42 42 42 Statutory civil penalties for violations that occurred after November 2, 2015, where penalties are assessed on or after August 1, 2016 but before January 15, 2017 1 Note that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500 statutory maximum civil penalty amount were originally enacted in 1978 (Pub. L. 95–396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92–516). [FR Doc. 2018–00287 Filed 1–9–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2007–0085; FRL–9972–85– Region 4] Air Plan Approval; NC; Open Burning and Miscellaneous Revisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Due to adverse comments received, the Environmental Protection Agency (EPA) is amending the North Carolina State Implementation Plan (SIP) to remove some provisions made effective through the direct final rule that was published on July 18, 2017. EPA stated that if adverse comments were received by the close of the comment period, the rule would be withdrawn and not take effect, or if adverse comments were received on an amendment, paragraph, or section of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. EPA received adverse comments on two specific SIP revisions. Therefore, EPA is removing only the portions of the SIP related to those two revisions. DATES: This rule is effective January 10, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2007–0085. All documents in the docket are listed on the www.regulations.gov jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:18 Jan 09, 2018 Jkt 244001 website. 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: Nacosta C. Ward, 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. Ms. Ward can be reached via telephone at (404) 562– 9140, or via electronic mail at ward.nacosta@epa.gov. SUPPLEMENTARY INFORMATION: On July 18, 2017, EPA published a direct final rule (82 FR 32767) approving several revisions to the North Carolina SIP. The revisions consisted of changes to or the addition of the following regulations: 15A NCAC Subchapter 2D—Air PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Pollution Control Requirements, Section .0101, Definitions; Section .0103, Copies of Referenced Federal Regulations; Section .1901 Purpose, Scope, and Impermissible Open Burning Section; .1902, Definitions; Section .1903, Permissible Open Burning Without An Air Quality Permit; Section .2001, Purpose, Scope, and Applicability; and 15A NCAC Subchapter 2Q—Air Quality Permits, Section .0103, Definitions; Section .0105, Copies of Referenced Documents; Section .0304, Applications; Section .0305, Application Submittal Content; Section .0806, Cotton Gins; Section .0808, Peak Shaving Generators; and Section .0810, Air Curtain Burners. On the same day, EPA published proposed rule (82 FR 32782), proposing approval of those same revisions to the North Carolina SIP and providing a 30-day comment period for both the direct final rule and the proposed rule.1 The direct final rule explained that if EPA received adverse comments, the Agency would withdraw the relevant portion(s) of the direct final action. EPA received adverse comments on the portions of the rulemaking related to the North Carolina regulations 15A NCAC Subchapter 2Q—Air Quality Permits, Section .0808, Peak Shaving Generators, and Section .0810, Air Curtain Burners, only. However, EPA was not able to withdraw these portions of the direct final action before the action became effective. Therefore, EPA is amending § 52.1770 by removing the portions of the SIP related to these two North Carolina regulations. EPA is not 1 On September 6, 2017 (82 FR 42055), EPA reopened the comment period for the proposed rule, with comments due on or before September 21, 2017. E:\FR\FM\10JAR1.SGM 10JAR1 1195 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations opening an additional comment period. At a later date, the Agency may finalize action on these two regulations based on the July 18, 2017 propose rule and respond to the comments in the final action. All other North Carolina regulations that were the subject of the July 18, 2017 direct final rule are not affected by this removal and were incorporated by reference into the SIP as of September 18, 2017, the effective date of the direct final rule (82 FR 32767). List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq. Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Subpart II—North Carolina 2. In section 52.1770(c), Table 1, under the heading ‘‘Subchapter 2Q—Air Quality Permits,’’ under the heading ‘‘Section .0800 Exclusionary Rules,’’ is amended by: ■ a. Revising the entry for ‘‘Sect. .0808’’; and ■ b. Removing the entry for ‘‘Sect. .0810’’ The revision reads as follows: ■ Dated: December 22, 2017. Onis ‘‘Trey’’ Glenn, III, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS § 52.1770 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, * 1. The authority citation for part 52 continues to read as follows: ■ Identification of plan. * * (c) * * * * * TABLE 1—EPA-APPROVED NORTH CAROLINA REGULATIONS State citation * State effective date Title/subject * * EPA approval date * Explanation * * * * * * * * * * Subchapter 2Q—Air Quality Permits * * * * Section .0800 Exclusionary Rules * * * Sect. .0808 ............................. Peak Shaving Generators ...... * * * [FR Doc. 2018–00028 Filed 1–9–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2017–0255; FRL–9972–78– Region 9] Determination To Defer Sanctions; Arizona Department of Environmental Quality; PM2.5 Environmental Protection Agency (EPA). ACTION: Interim final determination. AGENCY: The Environmental Protection Agency (EPA) is making an interim final determination that the State of Arizona has corrected a deficiency in its Clean Air Act (CAA or Act) state implementation plan (SIP) provisions concerning air permitting. Specifically, based on a proposed conditional approval published elsewhere in this Federal Register, and based on a prior proposed approval, previously jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:18 Jan 09, 2018 * 7/1/1999 Jkt 244001 * * 10/22/2002, 67 FR 64989. * published in the Federal Register, EPA is making an interim final determination that the State of Arizona (State) has satisfied the requirements of part D of the CAA permitting program for areas under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ) with respect to fine particular matter (PM2.5) precursors. The effect of this interim final determination that the State has corrected the deficiency in the permitting program is that the imposition of sanctions that were triggered by a previous limited disapproval action by EPA in 2016 is now deferred. If the State meets its commitment that is the basis for the conditional approval, relief from these sanctions will become permanent upon the EPA’s full approval of the State submission. If the EPA determines that the State has not met its commitment and the conditional approval is converted to a disapproval, these sanctions will no longer be deferred. DATES: This interim final determination is effective on January 10, 2018. However, comments will be accepted until February 9, 2018. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 Submit comments, identified by Docket ID No. EPA–R09– OAR–2017–0255, at https:// www.regulations.gov, or via email to R9airpermits@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited 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 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 ADDRESSES: E:\FR\FM\10JAR1.SGM 10JAR1

Agencies

[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1194-1195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00028]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0085; FRL-9972-85-Region 4]


Air Plan Approval; NC; Open Burning and Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Due to adverse comments received, the Environmental Protection 
Agency (EPA) is amending the North Carolina State Implementation Plan 
(SIP) to remove some provisions made effective through the direct final 
rule that was published on July 18, 2017. EPA stated that if adverse 
comments were received by the close of the comment period, the rule 
would be withdrawn and not take effect, or if adverse comments were 
received on an amendment, paragraph, or section of the rule, EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment. EPA received adverse comments on two specific SIP 
revisions. Therefore, EPA is removing only the portions of the SIP 
related to those two revisions.

DATES: This rule is effective January 10, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2007-0085. All documents in the docket 
are listed on the www.regulations.gov website. 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: Nacosta C. Ward, 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. Ms. Ward can be reached via telephone at (404) 562-9140, or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On July 18, 2017, EPA published a direct 
final rule (82 FR 32767) approving several revisions to the North 
Carolina SIP. The revisions consisted of changes to or the addition of 
the following regulations: 15A NCAC Subchapter 2D--Air Pollution 
Control Requirements, Section .0101, Definitions; Section .0103, Copies 
of Referenced Federal Regulations; Section .1901 Purpose, Scope, and 
Impermissible Open Burning Section; .1902, Definitions; Section .1903, 
Permissible Open Burning Without An Air Quality Permit; Section .2001, 
Purpose, Scope, and Applicability; and 15A NCAC Subchapter 2Q--Air 
Quality Permits, Section .0103, Definitions; Section .0105, Copies of 
Referenced Documents; Section .0304, Applications; Section .0305, 
Application Submittal Content; Section .0806, Cotton Gins; Section 
.0808, Peak Shaving Generators; and Section .0810, Air Curtain Burners. 
On the same day, EPA published proposed rule (82 FR 32782), proposing 
approval of those same revisions to the North Carolina SIP and 
providing a 30-day comment period for both the direct final rule and 
the proposed rule.\1\ The direct final rule explained that if EPA 
received adverse comments, the Agency would withdraw the relevant 
portion(s) of the direct final action. EPA received adverse comments on 
the portions of the rulemaking related to the North Carolina 
regulations 15A NCAC Subchapter 2Q--Air Quality Permits, Section .0808, 
Peak Shaving Generators, and Section .0810, Air Curtain Burners, only. 
However, EPA was not able to withdraw these portions of the direct 
final action before the action became effective. Therefore, EPA is 
amending Sec.  52.1770 by removing the portions of the SIP related to 
these two North Carolina regulations. EPA is not

[[Page 1195]]

opening an additional comment period. At a later date, the Agency may 
finalize action on these two regulations based on the July 18, 2017 
propose rule and respond to the comments in the final action. All other 
North Carolina regulations that were the subject of the July 18, 2017 
direct final rule are not affected by this removal and were 
incorporated by reference into the SIP as of September 18, 2017, the 
effective date of the direct final rule (82 FR 32767).
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    \1\ On September 6, 2017 (82 FR 42055), EPA reopened the comment 
period for the proposed rule, with comments due on or before 
September 21, 2017.
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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: December 22, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 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 II--North Carolina

0
2. In section 52.1770(c), Table 1, under the heading ``Subchapter 2Q--
Air Quality Permits,'' under the heading ``Section .0800 Exclusionary 
Rules,'' is amended by:
0
a. Revising the entry for ``Sect. .0808''; and
0
b. Removing the entry for ``Sect. .0810''
    The revision reads as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                Table 1--EPA-Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Subchapter 2Q--Air Quality Permits
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sect. .0808......................  Peak Shaving               7/1/1999  10/22/2002, 67 FR
                                    Generators.                          64989.
 
                                                  * * * * * * *
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[FR Doc. 2018-00028 Filed 1-9-18; 8:45 am]
BILLING CODE 6560-50-P