Approval and Promulgation of Implementation Plans; Louisiana; Interstate Transport Requirements for the 2012 PM2.5, 19438-19439 [2018-09314]
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Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0397 to read as
follows:
■
§ 165.T09–0397 Safety Zone; Straits of
Mackinac, Mackinaw City, MI.
(a) Location. The following area is a
safety zone: All navigable waters of the
Straits of Mackinac, from surface to
bottom, within a 500 yard radius around
construction equipment vessels.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard petty officer,
warrant officer, or commissioned officer
and any Federal, State, and local officer
designated by or assisting the Captain of
the Port Sault Sainte Marie (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF radio channel 16
or call 906–635–3319. Those in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the COTP’s designated
representative.
(d) Enforcement periods. This section
is effective from April 30, 2018, until
October 30, 2018. It will be enforced
while construction vessels operate
within the designated location in
paragraph (a) of this section. Local
Broadcast Notice to mariners via VHF–
FM marine channel 16 will notify
mariners when vessels are conducting
operations.
Dated: April 30, 2018.
Marko R. Broz,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Sault Sainte Marie.
[FR Doc. 2018–09407 Filed 5–2–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
sradovich on DSK3GMQ082PROD with RULES
[EPA–R06–OAR–2015–0851; FRL–9977–
02—Region 6]
Approval and Promulgation of
Implementation Plans; Louisiana;
Interstate Transport Requirements for
the 2012 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
15:59 May 02, 2018
Jkt 244001
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving portions of Louisiana’s
State Implementation Plan (SIP)
submittal and a technical supplement,
that address a CAA requirement that
SIPs account for potential interstate
transport of air pollution that
significantly contributes to
nonattainment or interferes with
maintenance of the 2012 fine particulate
matter (PM2.5) National Ambient Air
Quality Standards (NAAQS) in other
states. EPA finds that emissions from
Louisiana sources do not contribute
significantly to nonattainment in, or
interfere with maintenance by, any
other state with regard to the 2012 PM2.5
NAAQS.
DATES: This rule is effective on June 4,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2015–0851. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., 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 https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Sherry Fuerst, 214–665–6454,
fuerst.sherry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
SUMMARY:
I. Background
The background for this action is
discussed in detail in our February 1,
2018 proposal (83 FR 4617). In that
document we proposed to approve
portions of Louisiana’s State
Implementation Plan (SIP) submittal
and a technical supplement, that
address a CAA requirement that SIPs
account for potential interstate transport
of air pollution that significantly
contributes to nonattainment or
interferes with maintenance of the 2012
PM2.5 NAAQS in other states. We
proposed to determine that emissions
from Louisiana sources do not
contribute significantly to
nonattainment in, or interfere with
maintenance by, any other state with
regard to the 2012 PM2.5 NAAQS.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
On March 6, 2018, we received six
anonymous public comments on the
proposed rulemaking action. The
comments are posted to the docket
(EPA–R06–OAR–2015–0851). Several of
the commenters provided the air quality
index for March 2, 2018 for various
locations across the USA and compared
them to various locations across Asia.
Other commenters discussed the
shortcomings of the tariffs and conflict
minerals law. Such comments are not
relevant to the Clean Air requirements
being addressed here and are outside
the scope of this specific rule making
action.
II. Final Action
We are approving the portions of the
December 11, 2015 Louisiana SIP
revision pertaining to emissions that
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS
in other states and the supplemental
information provided to us on July 7,
2017. We find that emissions from
Louisiana sources do not contribute
significantly to nonattainment in, or
interfere with maintenance by, any
other state with regard to the 2012 PM2.5
NAAQS.
III. 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, the
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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.);
E:\FR\FM\03MYR1.SGM
03MYR1
Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations
• 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 2, 2018.
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
19439
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, Particulate matter.
Dated: April 25, 2018.
Anne Idsal,
Regional Administrator, Region 6.
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 E—Louisiana
2. In § 52.970, in paragraph (e), the
second table titled ‘‘EPA Approved
Louisiana Nonregulatory Provisions and
Quasi-Regulatory Measures’’ is amended
by adding an entry at the end for
‘‘Interstate transport for the 2012 PM2.5
NAAQS (contribute to nonattainment or
interfere with maintenance)’’ to read as
follows:
■
§ 52.970
*
Identification of plan
*
*
(e) * * *
*
*
EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
nonattainment
area
Name of SIP provision
*
*
Interstate transport for the 2012
PM2.5 NAAQS (contribute to
nonattainment or interfere with
maintenance).
State
submittal/
effective
date
*
Statewide ..........
EPA approval date
*
12/11/2015
7/7/2017
Explanation
*
5/3/2018, [Insert Federal Register
citation].
*
*
Adequate provisions prohibiting
emissions which will contribute
significantly to nonattainment in,
or interfere with maintenance of
the 2012 PM2.5 NAAQS in any
other State.
[FR Doc. 2018–09314 Filed 5–2–18; 8:45 am]
sradovich on DSK3GMQ082PROD with RULES
BILLING CODE 6560–50–P
VerDate Sep<11>2014
15:59 May 02, 2018
Jkt 244001
PO 00000
Frm 00013
Fmt 4700
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03MYR1
]]>Agencies
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Rules and Regulations]
[Pages 19438-19439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09314]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0851; FRL-9977-02--Region 6]
Approval and Promulgation of Implementation Plans; Louisiana;
Interstate Transport Requirements for the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving portions of
Louisiana's State Implementation Plan (SIP) submittal and a technical
supplement, that address a CAA requirement that SIPs account for
potential interstate transport of air pollution that significantly
contributes to nonattainment or interferes with maintenance of the 2012
fine particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS) in other states. EPA finds that emissions from
Louisiana sources do not contribute significantly to nonattainment in,
or interfere with maintenance by, any other state with regard to the
2012 PM2.5 NAAQS.
DATES: This rule is effective on June 4, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2015-0851. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
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 https://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, 214-665-6454,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
February 1, 2018 proposal (83 FR 4617). In that document we proposed to
approve portions of Louisiana's State Implementation Plan (SIP)
submittal and a technical supplement, that address a CAA requirement
that SIPs account for potential interstate transport of air pollution
that significantly contributes to nonattainment or interferes with
maintenance of the 2012 PM2.5 NAAQS in other states. We
proposed to determine that emissions from Louisiana sources do not
contribute significantly to nonattainment in, or interfere with
maintenance by, any other state with regard to the 2012
PM2.5 NAAQS.
On March 6, 2018, we received six anonymous public comments on the
proposed rulemaking action. The comments are posted to the docket (EPA-
R06-OAR-2015-0851). Several of the commenters provided the air quality
index for March 2, 2018 for various locations across the USA and
compared them to various locations across Asia. Other commenters
discussed the shortcomings of the tariffs and conflict minerals law.
Such comments are not relevant to the Clean Air requirements being
addressed here and are outside the scope of this specific rule making
action.
II. Final Action
We are approving the portions of the December 11, 2015 Louisiana
SIP revision pertaining to emissions that significantly contribute to
nonattainment or interfere with maintenance of the 2012
PM2.5 NAAQS in other states and the supplemental information
provided to us on July 7, 2017. We find that emissions from Louisiana
sources do not contribute significantly to nonattainment in, or
interfere with maintenance by, any other state with regard to the 2012
PM2.5 NAAQS.
III. 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, the 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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.);
[[Page 19439]]
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 2, 2018. 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, Particulate matter.
Dated: April 25, 2018.
Anne Idsal,
Regional Administrator, Region 6.
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 E--Louisiana
0
2. In Sec. 52.970, in paragraph (e), the second table titled ``EPA
Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory
Measures'' is amended by adding an entry at the end for ``Interstate
transport for the 2012 PM2.5 NAAQS (contribute to
nonattainment or interfere with maintenance)'' to read as follows:
Sec. 52.970 Identification of plan
* * * * *
(e) * * *
EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
State
Name of SIP provision Applicable geographic submittal/ EPA approval date Explanation
or nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate transport for the Statewide.............. 12/11/2015 5/3/2018, [Insert Adequate
2012 PM2.5 NAAQS (contribute 7/7/2017 Federal Register provisions
to nonattainment or interfere citation]. prohibiting
with maintenance). emissions which
will contribute
significantly to
nonattainment in,
or interfere with
maintenance of
the 2012 PM2.5
NAAQS in any
other State.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-09314 Filed 5-2-18; 8:45 am]
BILLING CODE 6560-50-P
