Air Plan Approval; OR; Infrastructure Requirements for the 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter Standards, 24034-24036 [2018-11058]
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sradovich on DSK3GMQ082PROD with RULES
24034
Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
• 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 Clean Air Act;
and
• Does not provide the 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 the 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. The 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 23, 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).)
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: May 1, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations 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 F—California
2. Section 52.220 is amended by
adding paragraph (c)(503) to read as
follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(503) New and amended regulations
for the following APCDs were submitted
on August 9, 2017 by the Governor’s
designee.
(i) Incorporation by reference.
(A) Antelope Valley Air Quality
Management District.
(1) Rule 1151.1, ‘‘Motor Vehicle
Assembly Coating Operations,’’ adopted
on June 20, 2017.
[FR Doc. 2018–11061 Filed 5–23–18; 8:45 am]
BILLING CODE 6560–50–P
requirements. The Environmental
Protection Agency (EPA) is approving
the Oregon State Implementation Plan
(SIP) as meeting infrastructure
requirements for the 2010 nitrogen
dioxide, 2010 sulfur dioxide, and 2012
fine particulate matter NAAQS. The
EPA is also approving, and
incorporating by reference, rule changes
made by the state to implement the fine
particulate matter NAAQS, relevant to
this infrastructure action, and the ozone
NAAQS, unrelated to this action, but
included for efficiency.
DATES: This final rule is effective June
25, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2016–0056. 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., CBI or other information
the disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and is publicly available
only in hard copy form. Publicly
available docket materials are available
at https://www.regulations.gov, or
please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section for additional availability
information.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall at (206) 553–6357, or
hall.kristin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2016–0056; FRL–9978–
47—Region 10]
Air Plan Approval; OR; Infrastructure
Requirements for the 2010 Nitrogen
Dioxide, 2010 Sulfur Dioxide, and 2012
Fine Particulate Matter Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Whenever a new or revised
National Ambient Air Quality Standard
(NAAQS) is promulgated, the Clean Air
Act requires states to submit a plan for
the implementation, maintenance, and
enforcement of the standard, commonly
referred to as infrastructure
SUMMARY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background Information
On February 23, 2018, the EPA
proposed to approve Oregon’s December
27, 2013, and October 20, 2015, SIP
submissions as meeting certain
infrastructure requirements of the Clean
Air Act for the 2010 nitrogen dioxide
(NO2), 2010 sulfur dioxide (SO2), and
2012 fine particulate matter (PM2.5)
NAAQS (83 FR 8021). We also proposed
to approve, and incorporate by
reference, associated rule updates to
implement the PM2.5 NAAQS, and an
unrelated rule update for the ozone
NAAQS, submitted July 18, 2017. Please
see our proposed rulemaking for further
explanation and the basis for our
finding (February 23, 2018, 83 FR 8021).
E:\FR\FM\24MYR1.SGM
24MYR1
Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
The public comment period for the
EPA’s proposed action ended on March
26, 2018. We received 26 electronic
comments submitted anonymously
through https://www.regulations.gov.
We reviewed the comments and we
have determined that none are germane
to this action. Therefore, we are
finalizing our action as proposed.
II. Final Action
The EPA is approving Oregon’s
December 27, 2013, and October 20,
2015, SIP submissions as meeting
specific infrastructure requirements of
the Clean Air Act. We find that the
Oregon SIP meets the following Clean
Air Act section 110(a)(2) infrastructure
elements for the 2010 NO2, 2010 SO2,
and 2012 PM2.5 NAAQS: (A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M).
We are also approving, and
incorporating by reference at 40 CFR
part 52, subpart MM, the following rule
sections:
• OAR 340–202–0060 Suspended
Particulate Matter (state effective
October 16, 2015); and
• OAR 340–250–0030 Definitions
(state effective October 16, 2015); and
• OAR 340–202–0090 Ozone (state
effective July 13, 2017).
We note that the approval of OAR
340–202–0090 is unrelated and
unnecessary for our infrastructure
action. We are including it in this action
for efficiency. This action is being taken
under section 110 of the Clean Air Act.
sradovich on DSK3GMQ082PROD with RULES
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of Oregon
Administrative Rules related to ambient
air quality standards described in
section II. Final Action, and the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these materials
generally available through https://
www.regulations.gov and at the EPA
Region 10 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the state implementation plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the Clean Air Act as of the effective
date of the final rulemaking of the EPA’s
approval, and will be incorporated by
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Jkt 244001
reference in the next update to the SIP
compilation.1
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air 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 Clean Air Act. 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.);
• 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 the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00033
Fmt 4700
Sfmt 4700
24035
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the 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 it 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. The 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 23, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 10, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
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24MYR1
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Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
‘‘202–0060’’, ‘‘202–0090’’, and ‘‘250–
0030’’ to read as follows:
Subpart MM—Oregon
§ 52.1970
1. The authority citation for part 52
continues to read as follows:
*
2. In § 52.1970, table 2 in paragraph
(c) is amended by revising the entries
■
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR)
State citation
State
effective
date
Title/subject
EPA approval date
Explanations
CHAPTER 340—DEPARTMENT OF ENVIRONMENTAL QUALITY
*
*
*
*
*
*
*
*
*
Division 202—Ambient Air Quality Standards and PSD Increments
*
*
*
*
*
Ambient Air Quality Standards
*
202–0060 ...............
*
*
Suspended Particulate Matter ......
10/16/2015
*
202–0090 ...............
*
*
Ozone ...........................................
07/13/2017
*
*
*
*
*
*
*
*
5/24/2018, [insert Federal Register citation].
*
5/24/2018, [insert Federal Register citation].
*
*
*
*
*
*
*
*
*
*
Division 250—General Conformity
*
250–0030 ...............
*
*
Definitions .....................................
*
*
*
*
*
*
*
*
3. Section 52.1991 is amended by
adding paragraphs (f) and (g) to read as
follows:
■
§ 52.1991 Section 110(a)(2) infrastructure
requirements.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(f) The EPA approves Oregon’s
December 27, 2013, submission as
meeting the following CAA section
110(a)(2) infrastructure elements for the
2010 nitrogen dioxide and 2010 sulfur
dioxide NAAQS: (A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M).
(g) The EPA approves Oregon’s
October 20, 2015, submission as
meeting the following CAA section
110(a)(2) infrastructure elements for the
2012 PM2.5 NAAQS: (A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M).
[FR Doc. 2018–11058 Filed 5–23–18; 8:45 am]
BILLING CODE 6560–50–P
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*
10/16/2015
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*
5/24/2018, [insert Federal Register citation].
*
*
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2015–0775; FRL–9976–66]
Pydiflumetofen; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of
pydiflumetofen in or on multiple
commodities which are identified and
discussed later in this document.
Syngenta Crop Protection requested
these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective May
24, 2018. Objections and requests for
hearings must be received on or before
July 23, 2018, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
SUMMARY:
Frm 00034
Fmt 4700
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0775, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
ADDRESSES:
40 CFR Part 180
PO 00000
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
Sfmt 4700
E:\FR\FM\24MYR1.SGM
24MYR1
]]>Agencies
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Rules and Regulations]
[Pages 24034-24036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11058]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0056; FRL-9978-47--Region 10]
Air Plan Approval; OR; Infrastructure Requirements for the 2010
Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Whenever a new or revised National Ambient Air Quality
Standard (NAAQS) is promulgated, the Clean Air Act requires states to
submit a plan for the implementation, maintenance, and enforcement of
the standard, commonly referred to as infrastructure requirements. The
Environmental Protection Agency (EPA) is approving the Oregon State
Implementation Plan (SIP) as meeting infrastructure requirements for
the 2010 nitrogen dioxide, 2010 sulfur dioxide, and 2012 fine
particulate matter NAAQS. The EPA is also approving, and incorporating
by reference, rule changes made by the state to implement the fine
particulate matter NAAQS, relevant to this infrastructure action, and
the ozone NAAQS, unrelated to this action, but included for efficiency.
DATES: This final rule is effective June 25, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2016-0056. 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., CBI or
other information the disclosure of which is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and is publicly available only in hard copy form. Publicly
available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background Information
On February 23, 2018, the EPA proposed to approve Oregon's December
27, 2013, and October 20, 2015, SIP submissions as meeting certain
infrastructure requirements of the Clean Air Act for the 2010 nitrogen
dioxide (NO2), 2010 sulfur dioxide (SO2), and
2012 fine particulate matter (PM2.5) NAAQS (83 FR 8021). We
also proposed to approve, and incorporate by reference, associated rule
updates to implement the PM2.5 NAAQS, and an unrelated rule
update for the ozone NAAQS, submitted July 18, 2017. Please see our
proposed rulemaking for further explanation and the basis for our
finding (February 23, 2018, 83 FR 8021).
[[Page 24035]]
The public comment period for the EPA's proposed action ended on
March 26, 2018. We received 26 electronic comments submitted
anonymously through https://www.regulations.gov. We reviewed the
comments and we have determined that none are germane to this action.
Therefore, we are finalizing our action as proposed.
II. Final Action
The EPA is approving Oregon's December 27, 2013, and October 20,
2015, SIP submissions as meeting specific infrastructure requirements
of the Clean Air Act. We find that the Oregon SIP meets the following
Clean Air Act section 110(a)(2) infrastructure elements for the 2010
NO2, 2010 SO2, and 2012 PM2.5 NAAQS:
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M).
We are also approving, and incorporating by reference at 40 CFR
part 52, subpart MM, the following rule sections:
OAR 340-202-0060 Suspended Particulate Matter (state
effective October 16, 2015); and
OAR 340-250-0030 Definitions (state effective October 16,
2015); and
OAR 340-202-0090 Ozone (state effective July 13, 2017).
We note that the approval of OAR 340-202-0090 is unrelated and
unnecessary for our infrastructure action. We are including it in this
action for efficiency. This action is being taken under section 110 of
the Clean Air Act.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Oregon
Administrative Rules related to ambient air quality standards described
in section II. Final Action, and the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
materials generally available through https://www.regulations.gov and
at the EPA Region 10 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the state implementation plan, have been incorporated
by reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the Clean Air Act as of the effective
date of the final rulemaking of the EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
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.);
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 the 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the 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 it 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. The 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 23, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 10, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
[[Page 24036]]
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 MM--Oregon
0
2. In Sec. 52.1970, table 2 in paragraph (c) is amended by revising
the entries ``202-0060'', ``202-0090'', and ``250-0030'' to read as
follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA-Approved Oregon Administrative Rules (OAR)
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
CHAPTER 340--DEPARTMENT OF ENVIRONMENTAL QUALITY
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 202--Ambient Air Quality Standards and PSD Increments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
202-0060...................... Suspended Particulate 10/16/2015 5/24/2018, [insert
Matter. Federal Register
citation].
* * * * * * *
202-0090...................... Ozone................ 07/13/2017 5/24/2018, [insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 250--General Conformity
----------------------------------------------------------------------------------------------------------------
* * * * * * *
250-0030...................... Definitions.......... 10/16/2015 5/24/2018, [insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.1991 is amended by adding paragraphs (f) and (g) to read
as follows:
Sec. 52.1991 Section 110(a)(2) infrastructure requirements.
* * * * *
(f) The EPA approves Oregon's December 27, 2013, submission as
meeting the following CAA section 110(a)(2) infrastructure elements for
the 2010 nitrogen dioxide and 2010 sulfur dioxide NAAQS: (A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
(g) The EPA approves Oregon's October 20, 2015, submission as
meeting the following CAA section 110(a)(2) infrastructure elements for
the 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).
[FR Doc. 2018-11058 Filed 5-23-18; 8:45 am]
BILLING CODE 6560-50-P
