Approval and Promulgation of Air Quality Implementation Plans; PA; Emissions Statement Requirement for the 2008 Ozone Standard, 26221-26222 [2018-12070]
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Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations
Higher volume port area * * *
(13) * * *
FOR FURTHER INFORMATION CONTACT:
Note 1 to paragraph (13) of this definition:
The western boundary of the Strait of Juan
de Fuca higher volume port area in this part
differs from that in § 154.1020 of this chapter.
The difference stems from section 316(b) of
the Coast Guard Authorization Act of 2015
(Pub. L. 114–120), which expands only the
definition in this part.
*
*
*
*
*
Dated: May 31, 2018.
Dana S. Tulis,
Director of Incident Management and
Preparedness Policy.
[FR Doc. 2018–12081 Filed 6–5–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
daltland on DSKBBV9HB2PROD with RULES
[EPA–R03–OAR–2017–0739; FRL–9978–98–
Region 3]
Maria A. Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2018 (83 FR 10650),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. In the
NPR, EPA proposed approval of
Pennsylvania’s certification that
Pennsylvania’s SIP-approved emissions
statement regulation meets the
emissions statement requirement of
section 182(a)(3)(B) of the CAA for the
2008 ozone NAAQS. The formal SIP
revision was submitted by
Pennsylvania, through the Pennsylvania
Department of the Environmental
Protection (PADEP), on November 3,
2017.
II. Summary of SIP Revision and EPA
Analysis
In Pennsylvania’s November 3, 2017
SIP revision submittal, Pennsylvania
Approval and Promulgation of Air
states that the existing, SIP-approved
Quality Implementation Plans; PA;
rule found at 25 Pa. Code 135.21,
Emissions Statement Requirement for
‘‘Emissions Statements,’’ satisfies CAA
the 2008 Ozone Standard
section 182(a)(3)(B) for the 2008 ozone
AGENCY: Environmental Protection
NAAQS. Under CAA section
Agency (EPA).
182(a)(3)(B), states are required to have
an emission statements rule for ozone
ACTION: Final rule.
nonattainment areas. In addition, states
SUMMARY: The Environmental Protection in the ozone transport region are
Agency (EPA) is approving a state
required to have an emission statement
implementation plan (SIP) revision
rule statewide, including for attainment
submitted by the Commonwealth of
areas. See CAA sections 182(a)(3)(B),
Pennsylvania. This SIP revision fulfills
182(f), and 184(b)(2). EPA previously
Pennsylvania’s emissions statement
approved Pennsylvania’s emissions
requirement for the 2008 ozone national statement rule for the 1979 1-hour ozone
ambient air quality standard (NAAQS).
standard, 25 Pa. Code 135.21, into the
EPA is approving these revisions in
Pennsylvania SIP. See 60 FR 2881
accordance with the requirements of the (January 12, 1995). EPA has determined
Clean Air Act (CAA).
that 25 Pa. Code 135.21, which is
DATES: This final rule is effective on July currently in the Pennsylvania SIP, is
6, 2018.
appropriate to address the emissions
ADDRESSES: EPA has established a
statement requirement for the 2008
docket for this action under Docket ID
ozone NAAQS. Therefore, EPA is
Number EPA–R03–OAR–2017–0739. All approving this SIP revision that certifies
documents in the docket are listed on
that 25 Pa. Code 135.21 is adequate to
the https://www.regulations.gov website. satisfy the emissions statement
Although listed in the index, some
requirement for the 2008 ozone NAAQS.
information is not publicly available,
Other specific requirements of the
e.g., confidential business information
Pennsylvania’s emissions statement rule
(CBI) or other information whose
and the rationale for EPA’s proposed
disclosure is restricted by statute.
action are explained in the NPR and
Certain other material, such as
will not be restated here.
copyrighted material, is not placed on
III. Public Comments
the internet and will be publicly
EPA received twenty-three public
available only in hard copy form.
comments on our March 12, 2018 NPR
Publicly available docket materials are
proposing to approve Pennsylvania’s
available through https://
November 3, 2017 submittal. All
www.regulations.gov, or please contact
the person identified in the FOR FURTHER comments received were not specific to
this action, and thus are not addressed
INFORMATION CONTACT section for
here.
additional availability information.
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26221
IV. Final Action
EPA is approving the Commonwealth
of Pennsylvania’s November 3, 2017 SIP
revision submittal, which addresses the
2008 8-hour ozone NAAQS emissions
statement requirement, as a revision to
the Pennsylvania SIP.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this 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 EPA with the
discretionary authority to address, as
E:\FR\FM\06JNR1.SGM
06JNR1
26222
Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
B. Submission to Congress and the
Comptroller General
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).
C. Petitions for Judicial Review
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 August 6, 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, approving Pennsylvania’s
certification that its SIP-approved
emissions statement regulation meets
the emissions statement requirement of
section 182(a)(3)(B) of the CAA for the
2008 ozone NAAQS, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 18, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
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 NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding the entry
‘‘Emission statement requirement
certification for the 2008 ozone national
ambient air quality standards (NAAQS)’’
at the end of the table to read as follows:
■
§ 52.2020
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
*
Identification of plan.
*
*
(e) * * *
*
*
(1) EPA-APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL
Name of
non-regulatory
SIP revision
Applicable
geographic
area
*
*
Emission statement requirement certification
for the 2008 ozone national ambient air quality standards (NAAQS).
*
*
State submittal
date
*
*
*
Statewide ............
*
[FR Doc. 2018–12070 Filed 6–5–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0120; FRL–9978–18–
Region 9]
daltland on DSKBBV9HB2PROD with RULES
Approval of California Air Plan
Revisions; Butte County Air Quality
Management District; Stationary
Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Butte County
Air Quality Management District
SUMMARY:
VerDate Sep<11>2014
16:02 Jun 05, 2018
EPA approval date
Jkt 244001
*
November 3,
2017
Additional explanation
*
6/6/2018, [insert Federal
Register citation].
*
Certification that Pennsylvania’s previously approved regulation at 25 Pa. Code 135.21,
‘‘Emissions Statements,’’ meets the emission
statement requirements for the 2008 ozone
NAAQS.
(BCAQMD) portion of the California
State Implementation Plan (SIP). This
revision concerns the District’s New
Source Review (NSR) permitting
program for new and modified sources
of air pollution. We are approving a
local rule under the Clean Air Act (CAA
or the Act).
DATES: This rule will be effective on July
6, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0120. All
documents in the docket are listed on
the https://www.regulations.gov web site.
Although listed in the index, some
information is not publicly available,
e.g., 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.
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
*
Publicly available docket materials are
available through 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: T.
Khoi Nguyen, EPA Region IX, (415)
947–4120, nguyen.thien@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 23, 2018, the EPA proposed
an approval of Rule 432—Federal New
Source Review (FNSR), as noted in
Table 1, submitted by the California Air
E:\FR\FM\06JNR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Rules and Regulations]
[Pages 26221-26222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12070]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0739; FRL-9978-98-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
PA; Emissions Statement Requirement for the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. This SIP revision fulfills Pennsylvania's emissions
statement requirement for the 2008 ozone national ambient air quality
standard (NAAQS). EPA is approving these revisions in accordance with
the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on July 6, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0739. 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 (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 through
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: Maria A. Pino, (215) 814-2181, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2018 (83 FR 10650), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the NPR, EPA
proposed approval of Pennsylvania's certification that Pennsylvania's
SIP-approved emissions statement regulation meets the emissions
statement requirement of section 182(a)(3)(B) of the CAA for the 2008
ozone NAAQS. The formal SIP revision was submitted by Pennsylvania,
through the Pennsylvania Department of the Environmental Protection
(PADEP), on November 3, 2017.
II. Summary of SIP Revision and EPA Analysis
In Pennsylvania's November 3, 2017 SIP revision submittal,
Pennsylvania states that the existing, SIP-approved rule found at 25
Pa. Code 135.21, ``Emissions Statements,'' satisfies CAA section
182(a)(3)(B) for the 2008 ozone NAAQS. Under CAA section 182(a)(3)(B),
states are required to have an emission statements rule for ozone
nonattainment areas. In addition, states in the ozone transport region
are required to have an emission statement rule statewide, including
for attainment areas. See CAA sections 182(a)(3)(B), 182(f), and
184(b)(2). EPA previously approved Pennsylvania's emissions statement
rule for the 1979 1-hour ozone standard, 25 Pa. Code 135.21, into the
Pennsylvania SIP. See 60 FR 2881 (January 12, 1995). EPA has determined
that 25 Pa. Code 135.21, which is currently in the Pennsylvania SIP, is
appropriate to address the emissions statement requirement for the 2008
ozone NAAQS. Therefore, EPA is approving this SIP revision that
certifies that 25 Pa. Code 135.21 is adequate to satisfy the emissions
statement requirement for the 2008 ozone NAAQS. Other specific
requirements of the Pennsylvania's emissions statement rule and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here.
III. Public Comments
EPA received twenty-three public comments on our March 12, 2018 NPR
proposing to approve Pennsylvania's November 3, 2017 submittal. All
comments received were not specific to this action, and thus are not
addressed here.
IV. Final Action
EPA is approving the Commonwealth of Pennsylvania's November 3,
2017 SIP revision submittal, which addresses the 2008 8-hour ozone
NAAQS emissions statement requirement, as a revision to the
Pennsylvania SIP.
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this 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 EPA with the discretionary authority to
address, as
[[Page 26222]]
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive
Order 12898 (59 FR 7629, February 16, 1994).
B. Submission to Congress and the Comptroller General
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).
C. Petitions for Judicial Review
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 August 6, 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, approving Pennsylvania's certification that its SIP-
approved emissions statement regulation meets the emissions statement
requirement of section 182(a)(3)(B) of the CAA for the 2008 ozone
NAAQS, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: May 18, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
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 NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding
the entry ``Emission statement requirement certification for the 2008
ozone national ambient air quality standards (NAAQS)'' at the end of
the table to read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) EPA-Approved Nonregulatory and Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State EPA approval Additional
revision area submittal date date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emission statement requirement Statewide.............. November 3, 6/6/2018, Certification that
certification for the 2008 2017 [insert Federal Pennsylvania's
ozone national ambient air Register previously approved
quality standards (NAAQS). citation]. regulation at 25 Pa.
Code 135.21,
``Emissions
Statements,'' meets
the emission
statement
requirements for the
2008 ozone NAAQS.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-12070 Filed 6-5-18; 8:45 am]
BILLING CODE 6560-50-P
