[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42726-42727]
[FR Doc No: 2015-17662]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0436; EPA-R05-OAR-2014-0663; FRL-9929-71-Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Midwest Generation Variances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving into
the Illinois regional haze State Implementation Plan (SIP) variances
affecting the following Midwest Generation, LLC facilities: Crawford
Generating Station (Cook County), Joliet Generating Station (Will
County), Powerton Generating Station (Tazewell County), Waukegan
Generating Station (Lake County), and Will County Generating Station
(Will County). The Illinois Environmental Protection Agency (IEPA)
submitted these variances to EPA for approval on May 16, 2013, and
August 18, 2014.

DATES: This final rule is effective on August 19, 2015.

ADDRESSES: EPA has established dockets for this action under Docket ID
Nos. EPA-R05-OAR-2013-0436 and EPA-R05-OAR-2014-0663. 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 electronically through
www.regulations.gov or in hard copy 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 Kathleen D'Agostino, Environmental
Engineer, at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for this action?
II. What action is EPA taking?
III. Incorporation by reference
IV. Statutory and Executive Order Reviews.

I. What is the background for this action?

    On June 24, 2011, Illinois submitted a plan to address the
requirements of the Regional Haze Rule, as codified at 40 CFR 51.308.
EPA approved Illinois' regional haze SIP on July 6, 2012 (77 FR 39943).
Among the rules approved in this action to meet the best available
retrofit technology (BART) requirements of the Regional Haze Rule are
Illinois Administrative Code rules: 35 Ill. Adm. Code 225.292:
``Applicability of the Combined Pollutant Standard;'' 35 Ill. Adm. Code
225.295 ``Combined Pollutant Standard: Emissions Standards for
NOX and SO2;'' 35 Ill. Adm. Code 225.296
``Combined Pollutant Standard: Control Technology Requirements for
NOX, SO2, and PM Emissions'' (except for
paragraph 225.296(d)); and 35 Ill. Adm. Code 225 Appendix A, which
identifies the Midwest Generation Electric Generating Units (EGUs)
specified for purposes of the combined pollutant standard (CPS).
    The Illinois Pollution Control Board (IPCB) granted Midwest
Generation variances to Section 225.296(a)(1) and 225.296(c)(1) on
August 23, 2012, and to Section 225.295(b) and Section 225.296(a)(2) on
April 4, 2013. IEPA submitted these variances as revisions to the
Illinois regional haze SIP on May 16, 2013, and August 18, 2014. EPA
proposed to approve these variances on April 23, 2015 (80 FR 22662).
EPA received no comments on the proposed action.

II. What action is EPA taking?

    EPA is finalizing approval of the Midwest Generation variances
submitted by IEPA on May 16, 2013, and August 18, 2014, as revisions to
the Illinois regional haze SIP.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these

documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (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 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);
     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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 18, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.

    Dated: June 19, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    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.

0
2. Section 52.720 is amended by adding paragraph (c)(205) to read as
follows:

Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (205) On May 16, 2013, and August 18, 2014, Illinois submitted
variances to its regional haze state implementation plan affecting the
following Midwest Generation, LLC facilities: Crawford Generating
Station (Cook County), Joliet Generating Station (Will County),
Powerton Generating Station (Tazewell County), Waukegan Generating
Station (Lake County), and Will County Generating Station (Will
County).
    (i) Incorporation by Reference. (A) Illinois Pollution Control
Board Order PCB 12-121, adopted on August 23, 2012; Certificate of
Acceptance, dated August 24, 2012, filed with the Illinois Pollution
Control Board Clerk's Office August 27, 2012.
    (B) Illinois Pollution Control Board Order PCB 13-24, adopted on
April 4, 2013; Certificate of Acceptance, dated May 16, 2013, filed
with the Illinois Pollution Control Board Clerk's Office May 17, 2013.

[FR Doc. 2015-17662 Filed 7-17-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 18, 2009 (Volume 74, Number 31)]
[Notices]
[Page 7633-7634]
[DOCID:fr18fe09-67]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Supplemental Notice of Meeting of the National Parks Overflights
Advisory Group Aviation Rulemaking Committee

ACTION: Revised notice of meeting and additional information.

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SUMMARY: The Federal Aviation Administration (FAA) and the National
Park Service (NPS), in accordance with the National Parks Air Tour
Management Act of 2000, announce the next meeting of the National Parks
Overflights Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC).
This notification provides the date, format, and agenda for the meeting
and provides additional information to the Federal Register notice
published on February 3, 2009 (Vol. 74, No. 21, Page 5969) by providing
the call in number for the public to access the telcon.
    Dates and Location: The NPOAG ARC will hold a meeting on February
25th, 2009. The meeting will be conducted as a telephone conference
call. The meeting will be held from 9 a.m. to 12 p.m. Pacific Standard
Time on February 25th. This NPOAG meeting will be open

to the public. Interested persons may listen in on the conference call
(see Public Participation at the Meeting)

FOR FURTHER INFORMATION CONTACT: Barry Brayer, AWP-1SP, Special
Programs Staff, Federal Aviation Administration, Western-Pacific Region
Headquarters, P.O. Box 92007, Los Angeles, CA 90009-2007, telephone:
(310) 725-3800, e-mail<EMAIL_ADDRESS>or Vicki McCusker,
National Park Service, Natural Sounds Program, 1201 Oakridge Dr., Suite
100, Fort Collins, CO 80525, telephone:<PHONE_NUMBER>, e-mail: Vicki_
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (NPATMA),
enacted on April 5, 2000, as Public Law 106-181, required the
establishment of the NPOAG within one year after its enactment. The Act
requires that the NPOAG be a balanced group of representatives of
general aviation, commercial air tour operations, environmental
concerns, and Native American tribes. The Administrator of the FAA and
the Director of NPS (or their designees) serve as ex officio members of
the group. Representatives of the Administrator and Director serve
alternating 1-year terms as chairman of the advisory group.
    The duties of the NPOAG include providing advice, information, and
recommendations to the FAA Administrator and the NPS Director on:
implementation of Public Law 106-181; quiet aircraft technology; other
measures that might accommodate interests to visitors of national
parks; and at the request of the Administrator and the Director, on
safety, environmental, and other issues related to commercial air tour
operations over national parks or tribal lands.

Agenda for the February 25, 2009, NPOAG Meeting

    The agenda for the meeting will include, but is not limited to, the
following: review of a Strategic Plan for the NPOAG, review and
approval of the meeting minutes from the December 1, 2008 NPOAG
telephone conference call meeting; discussion on the strawman for a
competitive bidding process, and an update on ongoing Air Tour
Management Plan (ATMP) program projects.

Public Participation for the Meeting

    This NPOAG meeting will be conducted as a telephone conference call
and will be open to the public. Interested persons may listen in on the
proceedings in a ``listen mode.'' The conference call will take place
from 9 a.m.-12 noon PST/12 noon-3 p.m. EST on February 25, 2009. The
public can access the conference call by dialing<PHONE_NUMBER> and
entering the passcode number 0225 when prompted, followed by the
``'' sign.

Record of the Meeting

    If you are unable to participate in this NPOAG meeting conference
call, a summary record of the meeting will be made available under the
NPOAG section of the FAA's ATMP Web site at http://www.atmp.faa.gov or
through the Special Programs Staff, Western-Pacific Region, Federal
Aviation Administration, P.O. Box 92007, Los Angeles, CA 90009-2007,
telephone<PHONE_NUMBER>. The FAA's ATMP Web site, however, may be down
temporarily due to maintenance.

    Issued in Hawthorne, CA on February 9, 2009.
Barry S. Brayer,
Manager, Special Programs Office, Western-Pacific Region.
 [FR Doc. E9-3209 Filed 2-17-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12416-12417]
[FR Doc No: 2013-03784]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Notice of Application for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR Part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before March 25, 2013.

ADDRESS COMMENTS TO: Record Center, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, Washington,
DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 7, 2013.
Donald Burger,
Chief, General Approvals Permits.

----------------------------------------------------------------------------------------------------------------
                                                                            Regulation(s)     Nature of special
       Application No.                 Docket No.            Applicant         affected        permits thereof
----------------------------------------------------------------------------------------------------------------
                                               NEW SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
15792-N......................  .........................  American         49 CFR           To authorize the
                                                           Spraytechorth    173.306(a)(3)(   transportation in
                                                           Branch, NJ.      v).              commerce of certain
                                                                                aerosols containing
                                                                                a Division 2.2
                                                                                compressed gas in
                                                                                non-refillable
                                                                                aerosol containers
                                                                                which are not
                                                                                subject to the hot
                                                                                water bath test.
                                                                                (mode 1).

15798-N......................  .........................  Lockheed Martin  49 CFR 173.62..  To authorize the
                                                           Aeronautics                       transportation in
                                                           Company Fort                      commerce of
                                                           Worth, TX.                        aircraft fuselage
                                                                                assembles
                                                                                containing
                                                                                explosives in
                                                                                alternative
                                                                                packaging. (modes
                                                                                1, 3, 4).
15799-N......................  .........................  Consumer         49 CFR           To authorize the one
                                                           Products         173.21(i).       way transportation
                                                           Safety                            in commerce of
                                                           Commission                        lighters without LA
                                                           (CPSC).                           approvals. (modes
                                                                                1, 4).
15800-N......................  .........................  EQ Industrial    49 CFR           To authorize the
                                                           Services, Inc.   173.51(a),       transportation of
                                                           Ypsilanti, MI.   173.56(i).       small arms
                                                                                cartridges, flares,
                                                                                and other similar
                                                                                explosives that
                                                                                have been
                                                                                desensitized to
                                                                                remove their
                                                                                explosive
                                                                                characteristics, as
                                                                                Division 4.1
                                                                                flammable solids.
                                                                                (mode 1).
15804-N......................  .........................  ThermoFisher     49 CFR 172.101,  To authorize the
                                                           Scientific,      HMT Column       transportation in
                                                           LLC              (7), and         commerce of dry
                                                           Pittsburgh, PA.  107.102          titanium powder in
                                                                            Special          glass packaging.
                                                                            Provision N5.    (modes 1, 2, 3).
15806-N......................  .........................  Precision        49 CFR 173.201,  To authorize the
                                                           Technik          173.202,         manufacture, mark,
                                                           Atlanta, GA.     173.203,         sell, and use of
                                                                            173.302a,        non-DOT
                                                                            173.304a, and    Specification
                                                                            180.209.         salvage cylinders.
15807-N......................  .........................  U.S. Department  49 CFR           To authorize the
                                                           of Defense       171.22(e),       transportation of
                                                           (DOD) Scott      172.101 Column   forbidden
                                                           AFB, IL.         (9A), and        explosives by air.
                                                                            (9B), 173.62.    (modes 1, 2, 3, 4,
                                                                                5).
15808-N......................  .........................  U.S. Department  49 CFR           To authorize the
                                                           of Defense       171.22(e),       transportation of
                                                           (DOD) Scott      172.101 Column   forbidden
                                                           AFB, IL.         (9A), and        explosives by air.
                                                                            173.62.          (modes 1, 2, 3, 4,
                                                                                5).
15809-N......................  .........................  Olin             49 CFR           To authorize the
                                                           Corporation      173.63(b)(2)(v   transportation in
                                                           Oxford, MS.      ).               commerce of .17
                                                                                caliber rim-fire
                                                                                cartridges loosely
                                                                                packed in strong
                                                                                outside packagings.
                                                                                (modes 1, 2, 3, 4,
                                                                                5).
15810-N......................  .........................  Action           49 CFR 173.56..  To authorize the one-
                                                           Manufacturing                     way transportation
                                                           Company                           of certain off-spec
                                                           Atglen, PA.                       military explosives
                                                                                to an approved
                                                                                disposal facility
                                                                                without an EX
                                                                                classification.
                                                                                (mode 1).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-03784 Filed 2-21-13; 8:45 am]
BILLING CODE 4910-60-M


[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Proposed Rules]
[Pages 63145-63148]
[FR Doc No: 2013-24885]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0681; FRL-9901-85-Region 9]

Approval and Promulgation of State Implementation Plans; Hawaii;
Infrastructure Requirements for the 2008 Lead National Ambient Air
Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve elements of a State Implementation
Plan

(SIP) revision submitted by the State of Hawaii on February 13, 2013,
pursuant to the requirements of of the Clean Air Act (CAA or the Act)
for the 2008 Lead (Pb) national ambient air quality standards (NAAQS).
Section 110(a) of the CAA requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA. We are taking comments on this proposal and plan to
follow with a final action.

DATES: Written comments must be received on or before November 22,
2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R09-OAR-2013-0681, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail or deliver: Dawn Richmond, Air Planning Office (AIR-2),
U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, CA 94105-3901. Deliveries are only accepted during the
Regional Office's normal hours of operation.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or email. http://www.regulations.gov is an
anonymous access system, and EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send email directly to EPA, your email address will be automatically
captured and included as part of the public comment. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed
directly below.

FOR FURTHER INFORMATION CONTACT: Dawn Richmond, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3207<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.

Table of Contents

I. Background
    A. Statutory Framework and Scope of Infrastructure SIPs
    B. Regulatory History
II. State Submittal and EPA Action
III. EPA's Evaluation and Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

A. Statutory Framework and Scope of Infrastructure SIPs

    Section 110(a)(1) of the CAA requires states to make a SIP
submission within 3 years after the promulgation of a new or revised
primary NAAQS. Section 110(a)(2) includes a list of specific elements
that ``[e]ach such plan'' submission must include. Many of the section
110(a)(2) SIP elements relate to the general information and
authorities that constitute the ``infrastructure'' of a state's air
quality management program and SIP submittals that address these
requirements are referred to as ``infrastructure SIPs.'' These
infrastructure SIP elements are as follows:
     Section 110(a)(2)(A): Emission limits and other control
measures.
     Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
     Section 110(a)(2)(C): Program for enforcement of control
measures and regulation of new stationary sources.
     Section 110(a)(2)(D)(i): Interstate pollution transport.
     Section 110(a)(2)(D)(ii): Interstate and international
pollution abatement.
     Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies.
     Section 110(a)(2)(F): Stationary source monitoring and
reporting.
     Section 110(a)(2)(G): Emergency episodes.
     Section 110(a)(2)(H): SIP revisions.
     Section 110(a)(2)(J): Consultation with government
officials, public notification, and prevention of significant
deterioration (PSD) and visibility protection.
     Section 110(a)(2)(K): Air quality modeling and submission
of modeling data.
     Section 110(a)(2)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by
affected local entities.
    Two elements identified in section 110(a)(2) are not governed by
the three-year submission deadline of section 110(a)(1) and are
therefore not addressed in this action. These elements relate to part D
of title I of the CAA, and submissions to satisfy them are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the same time nonattainment area plan requirements
are due under section 172. The two elements are: (i) Section
110(a)(2)(C) to the extent it refers to permit programs required under
part D (nonattainment New Source Review (NSR)), and (ii) section
110(a)(2)(I), pertaining to the nonattainment planning requirements of
part D. As a result, this action does not address infrastructure
elements related to the nonattainment NSR portion of section
110(a)(2)(C) or related to 110(a)(2)(I).
    In addition, this rulemaking does not address three substantive
issues that are not integral to acting on a state's infrastructure SIP
submission: (i) Existing provisions related to excess emissions during
periods of start-up, shutdown, or malfunction at sources (SSM), that
may be contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(director's discretion); and, (iii) existing provisions for PSD
programs that may be inconsistent with current requirements of EPA's
``Final NSR Improvement Rule.'' \1\ Instead, EPA has indicated that it
has other authority to address any such existing SIP defects in other
rulemakings, as appropriate. A detailed rationale for why these issues
are not part of the scope of infrastructure SIP rulemakings can be
found in EPA's proposed rule entitled, ``Approval and Promulgation of
State Implementation Plans; Hawaii; Infrastructure Requirements for the
1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter
National Ambient Air Quality Standards'' in

section I.C (``Scope of the Infrastructure SIP Evaluation'').\2\
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    \1\ 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526
(June 13, 2007) (NSR Reform).
    \2\ 77 FR 21913, 21914 (April 12, 2012). That proposal also
describes a similar rationale with respect to existing provisions
for minor source NSR programs. However, that rationale is not
relevant to today's proposal, as EPA recently approved a
comprehensive set of revisions to Hawaii's previous minor source NSR
rules. 77 FR 24148 (April 23, 2012).
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B. Regulatory Background

    On October 15, 2008, EPA issued a revised NAAQS for Pb.\3\ This
action triggered a requirement for states to submit an infrastructure
SIP to address the applicable requirements of section 110(a)(2) by
October 15, 2011. On October 14, 2011, EPA issued ``Guidance on Section
110 Infrastructure SIPs for the 2008 Pb NAAQS.'' \4\
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    \3\ 73 FR 66964. The final rule was signed on October 15, 2008
and published in the Federal Register on November 12, 2008. The 1978
Pb standard (1.5 [micro]g/m\3\ as a quarterly average) was modified
to a rolling 3 month average not to exceed 0.15 [mu]g/m3. EPA also
revised the secondary NAAQS to 0.15 [mu]g/m\3\ and made it identical
to the revised primary standard.
    \4\ See Memorandum from Stephen D. Page, Director, Office of Air
Quality Planning and Standards, to Regional Air Division Directors,
Regions 1-10 (October 14, 2011).
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II. State Submittal and EPA Action

    On February 13, 2013, the Hawaii Department of Health (HDOH)
submitted the ``Hawaii State Implementation Plan Revision for 2008 Lead
National Ambient Air Quality Standard Clean Air Act Sec.  110(a)(1) &
(2)'' (Hawaii Pb Infrastructure SIP), which includes (1) an
``Infrastructure SIP Certification of Adequacy,'' (2) Hawaii
Administrative Rules (HAR) section 11-60.1-90, (3) three technical
support documents concerning interstate transport under 110(a)(2)(D)
and (4) other supporting materials.\5\
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    \5\ A copy of the complete Hawaii Pb Infrastructure SIP
submittal has been placed in the docket for this action.
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    On February 26, 2013, EPA found that Hawaii had failed to make a
complete submittal to satisfy the requirements of section 110(a)(2) for
the 2008 Pb NAAQS.\6\ Specifically, EPA found Hawaii failed to submit
the infrastructure SIP elements that relate to the prevention of
significant deterioration (PSD) program in CAA sections 110(a)(2)(C),
(D)(i)(II), (D)(ii), and (J).\7\ We also explained that, because EPA
had already promulgated a FIP that addresses PSD-related requirements
for Hawaii, the finding of failure to submit would not trigger any
additional PSD FIP obligations.
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    \6\ 78 FR 12961.
    \7\ Id.
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III. EPA's Evaluation and Proposed Action

    EPA has evaluated the Hawaii Pb Infrastructure SIP in relation to
the infrastructure SIP requirements of CAA section 110(a)(2) and the
applicable implementing regulations in 40 CFR Part 51. The Technical
Support Document (TSD) for this action, which is available in the
docket to this action, includes our evaluation for each element, as
well as our evaluation of HAR section 11-60.1-90.
    Based upon this analysis, EPA proposes to approve HAR section 11-
60.1-90 into the Hawaii SIP. We also propose to approve the Hawaii Pb
Infrastructure SIP with respect to the following requirements:
     Section 110(a)(2)(A): Emission limits and other control
measures.
     Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
     Section 110(a)(2)(C) (in part): Program for enforcement of
control measures and regulation of new stationary sources (minor NSR
program) only.
     Section 110(a)(2)(D)(i)(I): Interstate transport
(significant contribution and interference with maintenance).
     Section 110(a)(2)(D)(i)(II) (in part): Interstate
transport (visibility protection only).
     Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies.
     Section 110(a)(2)(F): Stationary source monitoring and
reporting.
     Section 110(a)(2)(G): Emergency episodes.
     Section 110(a)(2)(H): SIP revisions.
     Section 110(a)(2)(J) (in part): Public notification.
     Section 110(a)(2)(K): Air quality modeling and submission
of modeling data.
     Section 110(a)(2)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by
affected local entities.
    As explained above, we previously found the Hawaii Pb
Infrastructure SIP incomplete with respect to the PSD-related
requirements of section 110(a)(2). Under CAA section 110(k)(1)(C),
where EPA determines that a portion of a SIP submission is incomplete,
``the State shall be treated as not having made the submission (or, in
the Administrator's discretion, part thereof).'' Accordingly, we are
not proposing to act on the Hawaii Pb Infrastructure SIP with respect
to the PSD-related requirements in Sections 110(a)(2)(C), (D)(i)(II),
(D)(ii), and (J).

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 Act 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
proposed action merely approves some state law as meeting federal
requirements; this proposed action 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 Order
12866 (58 FR 51735, October 4, 1993);
     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 rule 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, Intergovernmental
relations, Lead, Reporting and recordkeeping requirements.

    Dated: September 25, 2013.
Jared Blumenfeld,
Regional Administrator, EPA Region 9.
[FR Doc. 2013-24885 Filed 10-22-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Proposed Rules]
[Page 48051]
[FR Doc No: 2015-19727]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0248; FRL-9932-19-Region 4]

Approval and Promulgation of Implementation Plans; Georgia;
Atlanta; Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan revision submitted by the State of
Georgia, through Georgia Environmental Protection Division on February
6, 2015, to address the base year emissions inventory and emissions
statements requirements for the 2008 8-hour ozone national ambient air
quality standards for the Atlanta, Georgia 2008 8-hour ozone
nonattainment area (hereinafter referred to as the ``Atlanta Area'').
These requirements apply to all ozone nonattainment areas. The Atlanta
Area is comprised of 15 counties in Atlanta (Bartow, Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett,
Henry, Newton, Paulding, and Rockdale). This proposed action is being
taken pursuant to the Clean Air Act and its implementing regulations.
    In the Final Rules Section of this Federal Register, EPA is
approving the State's SIP revision as a direct final rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. If no adverse comments
are received in response to this rule, no further activity is
contemplated. If EPA receives 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. EPA will not
institute a second comment period on this document. Any parties
interested in commenting on this document should do so at this time.

DATES: Written comments must be received on or before September 10,
2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0248 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2015-0248,'' Air Regulatory Management
Section (formerly the Regulatory Development Section), Air Planning and
Implementation Branch (formerly the Air Planning Branch), Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays. Please see the direct final rule which is
located in the Rules section of this Federal Register for detailed
instructions on how to submit comments.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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. Bell can be reached at<PHONE_NUMBER> and via
electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register. A detailed rationale for the approval is set forth in the
direct final rule and incorporated herein by reference. If no adverse
comments are received in response to this rule, no further activity is
contemplated. If EPA receives 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. EPA will not
institute a second comment period on this document. Any parties
interested in commenting on this document should do so at this time.

    Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-19727 Filed 8-10-15; 8:45 am]
 BILLING CODE 6560-50-P