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]
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-00028 Filed 1-9-18; 8:45 am]
BILLING CODE 6560-50-P