1194 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 

1On September 6, 2017 (82 FR 42055), EPA 

reopened the comment period for the proposed 

rule, with comments due on or before September 

21, 2017. 

TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued 

U.S. Code citation Environmental statute Statutory civil penalties, as enacted 

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 

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 

42 U.S.C. 9609(b) ................... CERCLA ...................................................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 

42 U.S.C. 9609(c) ................... CERCLA ...................................................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 

42 U.S.C. 11045(a) ................. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA).25,000 53,907 54,789 55,907 

42 U.S.C. 11045(b)(1)(A) ........ EPCRA ........................................................ 25,000 53,907 54,789 55,907 

42 U.S.C. 11045(b)(2) ............. EPCRA ........................................................ 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 

42 U.S.C. 11045(b)(3) ............. EPCRA ........................................................ 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 

42 U.S.C. 11045(c)(1) ............. EPCRA ........................................................ 25,000 53,907 54,789 55,907 

42 U.S.C. 11045(c)(2) ............. EPCRA ........................................................ 10,000 21,563 21,916 22,363 

42 U.S.C. 11045(d)(1) ............. EPCRA ........................................................ 25,000 53,907 54,789 55,907 

42 U.S.C. 14304(a)(1) ............. MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT (BATTERY ACT).10,000 15,025 15,271 15,583 

42 U.S.C. 14304(g) ................. BATTERY ACT ........................................... 10,000 15,025 15,271 15,583 

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 

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 

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 

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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 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). 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

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: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Subchapter 2Q—Air Quality Permits 

*******

Section .0800 Exclusionary Rules 

*******

Sect. .0808 ............................. Peak Shaving Generators ...... 7/1/1999 10/22/2002, 67 FR 64989.

*******

[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

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final determination. 

SUMMARY: 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 

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. 

ADDRESSES: 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


jstallworth on DSKBBY8HB2PROD with RULES