New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Albuquerque-Bernalillo County Air Quality Control Board, 57815-57816 [2020-17062]
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Proposed Rules
aspects of transportation conformity
determinations still will be required for
transportation plans, programs, and
projects. Specifically, for such
determination, RTPs, TIPs, and
transportation projects still will have to
demonstrate that they are fiscally
constrained (40 CFR 93.108), meet the
criteria for consultation (40 CFR 93.105
and 93.112) and transportation control
measure implementation in the
conformity rule provisions (40 CFR
93.113). Additionally, conformity
determinations for RTPs and TIPs must
be determined no less frequently than
every four years, and conformity of plan
and TIP amendments and transportation
projects is demonstrated in accordance
with the timing requirements specified
in 40 CFR 93.104. In addition, for
projects to be approved, they must come
from a currently conforming RTP and
TIP (40 CFR 93.114 and 93.115). The
Johnstown Area remains under the
obligation to meet the applicable
conformity requirements for the 1997
ozone NAAQS.
III. Proposed Action
EPA’s review of DEP’s February 27,
2020 submittal indicates that it meets all
applicable CAA requirements,
specifically the requirements of CAA
section 175A. EPA is proposing to
approve the second maintenance plan
for the Johnstown Area as a revision to
the Pennsylvania SIP. EPA is soliciting
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. 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 proposed 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
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• 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 CAA; 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, this proposed
rulemaking, proposing approval of
Pennsylvania’s second maintenance
plan for the Johnstown Area, does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: August 27, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020–19677 Filed 9–15–20; 8:45 am]
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57815
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 61, and 63
[EPA–R06–OAR–2019–0615; FRL–10013–
03–Region 6]
New Source Performance Standards
and National Emission Standards for
Hazardous Air Pollutants; Delegation
of Authority to Albuquerque-Bernalillo
County Air Quality Control Board
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Albuquerque-Bernalillo
County Air Quality Control Board
(ABCAQCB) has submitted updated
regulations for receiving delegation and
approval of a program for the
implementation and enforcement of
certain New Source Performance
Standards (NSPS) and National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for all sources
(both Title V and non-Title V sources).
These updated regulations apply to
certain NSPS promulgated by the EPA,
as amended between September 14,
2013 and January 23, 2017; certain
NESHAP promulgated by the EPA, as
amended between September 14, 2013
and January 23, 2017; and other
NESHAP promulgated by the EPA, as
amended between September 14, 2013
and January 23, 2017, as adopted by the
ABCAQCB. The EPA is providing notice
that it is updating the delegation of
certain NSPS to ABCAQCB and taking
proposed action to approve the
delegation of certain NESHAP to
ABCAQCB. The delegation of authority
under this action does not apply to
sources located in areas defined as
Indian Country.
DATES: Written comments should be
received on or before October 16, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2019–0615, at https://
www.regulations.gov or via email to
barrett.richard@epa.gov. For additional
information on how to submit
comments see the detailed instructions
in the ADDRESSES section of the direct
final rule located in the rules section of
this issue of the Federal Register.
FOR FURTHER INFORMATION CONTACT: Mr.
Rick Barrett, EPA Region 6 Office,
6ARPE, 1201 Elm Street, Suite 500,
Dallas, TX 75270, (214) 665–7227;
email: barrett.richard@epa.gov. Out of
an abundance of caution for members of
the public and our staff, the EPA Region
6 office will be closed to the public to
reduce the risk of transmitting COVID–
SUMMARY:
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Proposed Rules
19. We encourage the public to submit
comments via https://
www.regulations.gov, as there will be a
delay in processing mail and no courier
or hand deliveries will be accepted.
Please call or email the contact listed
above if you need alternative access to
material indexed but not provided in
the docket.
In the
final rules section of this issue of the
Federal Register, the EPA is approving
ABCAQCB’s request for delegation of
authority to implement and enforce
certain NSPS and NESHAP for all
sources (both Title V and non-Title V
sources). ABCAQCB has adopted certain
NSPS and NESHAP by reference into
ABCAQCB’s regulations. In addition,
the EPA is waiving certain notification
requirements required by the delegated
standards so that sources will only need
to notify and report to ABCAQCB,
thereby avoiding duplicative
notification and reporting to the EPA.
This waiver only extends to the
submission of copies of notifications
and reports; EPA does not waive the
requirements in delegated standards
that require notifications and reports be
submitted to an electronic database.
The EPA is taking direct final action
without prior proposal because the EPA
views this as a noncontroversial action
and anticipates no relevant adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated. If
the EPA receives relevant adverse
comments, the direct final rule will be
withdrawn, and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. The EPA will not
institute a second comment period. Any
parties interested in commenting should
do so at this time.
For additional information, see the
direct final rule which is located in the
rules section of this issue of the Federal
Register.
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SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE INTERIOR
Yellow-billed
cuckoo.
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES11110900000 201]
Endangered and Threatened Wildlife
and Plants; Findings on a Petition To
Delist the Distinct Population Segment
of the Western Yellow-Billed Cuckoo
and a Petition To List the U.S.
Population of Northwestern Moose
AGENCY:
Fish and Wildlife Service,
Interior.
ACTION:
Notification of findings.
We, the U.S. Fish and
Wildlife Service (Service), announce 12month findings on a petition to remove
the distinct population segment (DPS) of
the western yellow-billed cuckoo from
the List of Endangered and Threatened
Wildlife (i.e., to ‘‘delist’’ that DPS) and
a petition to list a DPS of the U.S.
population of northwestern moose
under the Endangered Species Act of
1973, as amended (Act). After a
thorough review of the best available
scientific and commercial information,
we find that it is not warranted at this
time to delist the DPS of the western
yellow-billed cuckoo. However, we ask
the public to submit to us at any time
any new information relevant to the
status of the DPS of the western yellowbilled cuckoo or its habitat. We also find
that the U.S. population of northwestern
moose does not meet the criteria for
discreteness as a DPS and the petitioned
northwestern moose DPS is not a
listable entity under the Act.
SUMMARY:
The findings in this document
were made on September 16, 2020.
DATES:
Detailed descriptions of the
bases for these findings are available on
the internet at https://
www.regulations.gov under the
following docket numbers:
ADDRESSES:
Species
Docket No.
Dated: July 30, 2020.
David Garcia,
Director, Air & Radiation Division, Region
6.
Yellow-billed cuckoo .......
[FR Doc. 2020–17062 Filed 9–15–20; 8:45 am]
Please submit any new information,
materials, comments, or questions
concerning this finding to the
appropriate person, as specified under
FOR FURTHER INFORMATION CONTACT.
BILLING CODE 6560–50–P
Northwestern moose ......
FWS–R2–ES–2020–
0004
FWS–R3–ES–2016–
0061
FOR FURTHER INFORMATION CONTACT:
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Species
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Northwestern
moose.
Contact information
Jeff Humphrey, Field Supervisor,
602–242–0210,
jeff_humphrey@fws.gov; or Shawn Sartorius, Project Leader, 505–
346–2525, shawn_sartorius@
fws.gov.
Sarah Quamme, Field Supervisor,
Minnesota-Wisconsin
Field Office, 952–252–0092.
If you use a telecommunications
device for the deaf (TDD), please call the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
Under section 4(b)(3)(B) of the Act (16
U.S.C. 1531 et seq.), we are required to
make a finding whether or not a
petitioned action is warranted within 12
months after receiving any petition for
which we have determined contained
substantial scientific or commercial
information indicating that the
petitioned action may be warranted
(‘‘12-month finding’’). We must make a
finding that the petitioned action is: (1)
Not warranted; (2) warranted; or (3)
warranted but precluded. We must
publish these 12-month findings in the
Federal Register.
Summary of Information Pertaining to
the Five Factors
Section 4 of the Act (16 U.S.C. 1533)
and the implementing regulations at
part 424 of title 50 of the Code of
Federal Regulations (50 CFR part 424)
set forth procedures for adding species
to, removing species from, or
reclassifying species on the Lists. The
Act defines ‘‘species’’ as any subspecies
of fish or wildlife or plants, and any
distinct population segment of any
species of vertebrate fish or wildlife
which interbreeds when mature. The
Act defines ‘‘endangered species’’ as
any species that is in danger of
extinction throughout all or a significant
portion of its range (16 U.S.C. 1532(6)),
and ‘‘threatened species’’ as any species
that is likely to become an endangered
species within the foreseeable future
throughout all or a significant portion of
its range (16 U.S.C. 1532(20)). Under
section 4(a)(1) of the Act, a species may
be determined to be an endangered
species or a threatened species because
of any of the following five factors:
(A) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(C) Disease or predation;
(D) The inadequacy of existing
regulatory mechanisms; or
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]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Proposed Rules]
[Pages 57815-57816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17062]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 61, and 63
[EPA-R06-OAR-2019-0615; FRL-10013-03-Region 6]
New Source Performance Standards and National Emission Standards
for Hazardous Air Pollutants; Delegation of Authority to Albuquerque-
Bernalillo County Air Quality Control Board
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Albuquerque-Bernalillo County Air Quality Control Board
(ABCAQCB) has submitted updated regulations for receiving delegation
and approval of a program for the implementation and enforcement of
certain New Source Performance Standards (NSPS) and National Emission
Standards for Hazardous Air Pollutants (NESHAP) for all sources (both
Title V and non-Title V sources). These updated regulations apply to
certain NSPS promulgated by the EPA, as amended between September 14,
2013 and January 23, 2017; certain NESHAP promulgated by the EPA, as
amended between September 14, 2013 and January 23, 2017; and other
NESHAP promulgated by the EPA, as amended between September 14, 2013
and January 23, 2017, as adopted by the ABCAQCB. The EPA is providing
notice that it is updating the delegation of certain NSPS to ABCAQCB
and taking proposed action to approve the delegation of certain NESHAP
to ABCAQCB. The delegation of authority under this action does not
apply to sources located in areas defined as Indian Country.
DATES: Written comments should be received on or before October 16,
2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2019-0615, at https://www.regulations.gov or via email to
[email protected]. For additional information on how to submit
comments see the detailed instructions in the ADDRESSES section of the
direct final rule located in the rules section of this issue of the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett, EPA Region 6 Office,
6ARPE, 1201 Elm Street, Suite 500, Dallas, TX 75270, (214) 665-7227;
email: [email protected]. Out of an abundance of caution for
members of the public and our staff, the EPA Region 6 office will be
closed to the public to reduce the risk of transmitting COVID-
[[Page 57816]]
19. We encourage the public to submit comments via https://www.regulations.gov, as there will be a delay in processing mail and no
courier or hand deliveries will be accepted. Please call or email the
contact listed above if you need alternative access to material indexed
but not provided in the docket.
SUPPLEMENTARY INFORMATION: In the final rules section of this issue of
the Federal Register, the EPA is approving ABCAQCB's request for
delegation of authority to implement and enforce certain NSPS and
NESHAP for all sources (both Title V and non-Title V sources). ABCAQCB
has adopted certain NSPS and NESHAP by reference into ABCAQCB's
regulations. In addition, the EPA is waiving certain notification
requirements required by the delegated standards so that sources will
only need to notify and report to ABCAQCB, thereby avoiding duplicative
notification and reporting to the EPA. This waiver only extends to the
submission of copies of notifications and reports; EPA does not waive
the requirements in delegated standards that require notifications and
reports be submitted to an electronic database.
The EPA is taking direct final action without prior proposal
because the EPA views this as a noncontroversial action and anticipates
no relevant adverse comments. A detailed rationale for the approval is
set forth in the direct final rule. If no relevant adverse comments are
received in response to this action, no further activity is
contemplated. If the EPA receives relevant adverse comments, the direct
final rule will be withdrawn, and all public comments received will be
addressed in a subsequent final rule based on this proposed rule. The
EPA will not institute a second comment period. Any parties interested
in commenting should do so at this time.
For additional information, see the direct final rule which is
located in the rules section of this issue of the Federal Register.
Dated: July 30, 2020.
David Garcia,
Director, Air & Radiation Division, Region 6.
[FR Doc. 2020-17062 Filed 9-15-20; 8:45 am]
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