Air Plan Approval; Douglas, Arizona; Second 10-Year Sulfur Dioxide Maintenance Plan, 26596-26597 [2018-12300]
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Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations
reliability operated by personnel
certified in its use.
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III. EPA Action
IV. Statutory and Executive Order Reviews
Susan Combs,
Senior Advisor to the Secretary, Exercising
the Authority of the Assistant Secretary for
Fish and Wildlife and Parks.
On February 16, 2018 (83 FR 6996),
the EPA proposed to approve the second
10-year maintenance plan for the
Douglas, Arizona SO2 maintenance area.
Submitted by the Arizona Department of
Environmental Quality on December 14,
2016, the Douglas second 10-year SO2
maintenance plan (‘‘plan’’)
demonstrates maintenance of the 1971
SO2 standards through 2030.
We proposed to approve the plan
because we determined that it complied
with the relevant Clean Air Act (CAA or
‘‘Act’’) requirements. Our proposed
action contains more information on the
plan and our evaluation (83 FR 6996,
February 16, 2018).
I. Proposed Action
[FR Doc. 2018–12324 Filed 6–7–18; 8:45 am]
BILLING CODE 4312–52–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0537; FRL–9979–
18—Region 9]
Air Plan Approval; Douglas, Arizona;
Second 10-Year Sulfur Dioxide
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final rulemaking
action to approve, as part of the State
Implementation Plan (SIP) for the State
of Arizona, the second 10-year
maintenance plan for the Douglas
maintenance area for the 1971 National
Ambient Air Quality Standards
(‘‘standards’’) for sulfur dioxide (SO2).
DATES: This final rule is effective on July
9, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0537. 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:
Ashley Graham, EPA Region IX, (415)
972–3877, graham.ashleyr@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the words
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to the EPA.
amozie on DSK3GDR082PROD with RULES
SUMMARY:
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
VerDate Sep<11>2014
16:08 Jun 07, 2018
Jkt 244001
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
for a 30-day public comment period.
The EPA received eleven anonymous
comment letters in response to the
proposed action. All eleven comments
concerned issues that are outside the
scope of our proposed approval of the
Douglas second 10-year SO2
maintenance plan. The issues raised in
those comments include, but are not
limited to, air quality in China and
India, natural gas, mining, electric
vehicles, wind farms, and wind
turbines.
III. EPA Action
The EPA is taking final rulemaking
action to approve the Douglas second
10-year SO2 maintenance plan under
sections 110 and 175A of the CAA. As
authorized in section 110(k)(3) of the
Act, the EPA is approving the submitted
SIP revision because it fulfills all
relevant requirements.
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 Act and applicable
federal regulations. See 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
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
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 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
E:\FR\FM\08JNR1.SGM
08JNR1
26597
Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations
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 publishes 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 August 7, 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 the revision to the State of
Arizona’s SIP may not be challenged
Authority: 42 U.S.C. 7401 et seq.
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,
Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 25, 2018.
Deborah Jordan,
Acting Regional Administrator, EPA Region
IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
Subpart D—Arizona
2. In § 52.120, table 1 in paragraph (e)
is amended by adding the entry
‘‘Maintenance Plan Renewal, 1971
Sulfur Dioxide National Ambient Air
Quality Standards, Douglas
Maintenance Area’’ after the entry
‘‘Modeling and Emissions Inventory
Supplement for the Douglas Sulfur
Dioxide Nonattainment Area State
Implementation and Maintenance Plan
and Redesignation Request, dated
September 2005’’ to read as follows:
■
§ 52.120
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable
geographic or
nonattainment
area or
title/subject
Name of SIP provision
*
*
EPA approval
date
State submittal date
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Explanation
*
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*
Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
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Maintenance Plan Renewal, 1971
Sulfur Dioxide National Ambient
Air Quality Standards, Douglas
Maintenance Area.
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*
Douglas Sulfur Dioxide Air Quality Planning
Area.
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*
December 14, 2016 .......
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June 8, 2018, [insert Federal
Register citation].
*
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*
Adopted by the Arizona Department
of Environmental Quality on December 14, 2016. Fulfills requirements for second 10-year maintenance plan.
*
*
*
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
*
*
*
*
*
[FR Doc. 2018–12300 Filed 6–7–18; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 52
amozie on DSK3GDR082PROD with RULES
[Docket No. EPA–R02–OAR–2018–0197;
FRL–9978–07—Region 2]
Adequacy Status of Motor Vehicle
Emissions Budgets for the New York
Portion of the New York-Northern New
Jersey-Long Island, NY–NJ–CT, 2008
8-Hour Ozone Nonattainment Area
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
VerDate Sep<11>2014
16:08 Jun 07, 2018
Jkt 244001
PO 00000
Notification of adequacy.
Frm 00051
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Sfmt 4700
In this document, the
Environmental Protection Agency
(‘‘EPA’’ or ‘‘Agency’’) is notifying the
public that the Agency has found that
the 2017 motor vehicle emissions
budgets (‘‘budgets’’) for volatile organic
compounds (‘‘VOCs’’) and nitrogen
oxides (‘‘NOX’’) submitted by the New
York State Department of
Environmental Conservation for the
2008 national ambient air quality
standard (‘‘NAAQS’’) for ozone are
adequate for transportation conformity
purposes for the New York portions of
the New York-Northern New JerseyLong Island, NY–NJ–CT 8-hour ozone
nonattainment area. The transportation
conformity rule requires that the EPA
SUMMARY:
E:\FR\FM\08JNR1.SGM
08JNR1
]]>Agencies
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Rules and Regulations]
[Pages 26596-26597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12300]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0537; FRL-9979-18--Region 9]
Air Plan Approval; Douglas, Arizona; Second 10-Year Sulfur
Dioxide Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
rulemaking action to approve, as part of the State Implementation Plan
(SIP) for the State of Arizona, the second 10-year maintenance plan for
the Douglas maintenance area for the 1971 National Ambient Air Quality
Standards (``standards'') for sulfur dioxide (SO2).
DATES: This final rule is effective on July 9, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0537. 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: Ashley Graham, EPA Region IX, (415)
972-3877, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the words ``we,''
``us,'' or ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On February 16, 2018 (83 FR 6996), the EPA proposed to approve the
second 10-year maintenance plan for the Douglas, Arizona SO2
maintenance area. Submitted by the Arizona Department of Environmental
Quality on December 14, 2016, the Douglas second 10-year SO2
maintenance plan (``plan'') demonstrates maintenance of the 1971
SO2 standards through 2030.
We proposed to approve the plan because we determined that it
complied with the relevant Clean Air Act (CAA or ``Act'') requirements.
Our proposed action contains more information on the plan and our
evaluation (83 FR 6996, February 16, 2018).
II. Public Comments and EPA Responses
The EPA's proposed action provided for a 30-day public comment
period. The EPA received eleven anonymous comment letters in response
to the proposed action. All eleven comments concerned issues that are
outside the scope of our proposed approval of the Douglas second 10-
year SO2 maintenance plan. The issues raised in those
comments include, but are not limited to, air quality in China and
India, natural gas, mining, electric vehicles, wind farms, and wind
turbines.
III. EPA Action
The EPA is taking final rulemaking action to approve the Douglas
second 10-year SO2 maintenance plan under sections 110 and
175A of the CAA. As authorized in section 110(k)(3) of the Act, the EPA
is approving the submitted SIP revision because it fulfills all
relevant requirements.
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 Act and
applicable federal regulations. See 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 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
[[Page 26597]]
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 publishes 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 August 7, 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 the revision to the State of Arizona's
SIP 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, Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 25, 2018.
Deborah Jordan,
Acting Regional Administrator, EPA Region IX.
Chapter I, title 40 of the Code of Federal Regulations 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 D--Arizona
0
2. In Sec. 52.120, table 1 in paragraph (e) is amended by adding the
entry ``Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient
Air Quality Standards, Douglas Maintenance Area'' after the entry
``Modeling and Emissions Inventory Supplement for the Douglas Sulfur
Dioxide Nonattainment Area State Implementation and Maintenance Plan
and Redesignation Request, dated September 2005'' to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(e) * * *
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or
Name of SIP provision nonattainment State submittal date EPA approval Explanation
area or title/ date
subject
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Maintenance Plan Renewal, Douglas Sulfur December 14, 2016............. June 8, 2018, Adopted by the
1971 Sulfur Dioxide National Dioxide Air [insert Arizona
Ambient Air Quality Quality Federal Department of
Standards, Douglas Planning Area. Register Environmental
Maintenance Area. citation]. Quality on
December 14,
2016. Fulfills
requirements
for second 10-
year
maintenance
plan.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
(excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
* * * * *
[FR Doc. 2018-12300 Filed 6-7-18; 8:45 am]
BILLING CODE 6560-50-P
