Air Plan Approval; AK; Interstate Transport Requirements for the 2010 Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards, 29449-29450 [2018-13451]
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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
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§ 17.140
[Removed]
4. Remove § 17.140 and the
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[FR Doc. 2018–13487 Filed 6–22–18; 8:45 am]
I. Background
40 CFR Part 52
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[EPA–R10–OAR–2016–0590; FRL–9979–
87—Region 10]
Air Plan Approval; AK; Interstate
Transport Requirements for the 2010
Nitrogen Dioxide and Sulfur Dioxide
National Ambient Air Quality
Standards
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SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Information is organized as follows:
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) submittal
from the Alaska Department of
Environmental Conservation (Alaska
DEC) demonstrating that the SIP meets
certain interstate transport requirements
of the Clean Air Act (CAA) for the
National Ambient Air Quality Standards
(NAAQS) promulgated in 2010 for
nitrogen dioxide (NO2) and sulfur
dioxide (SO2). The EPA has determined
that Alaska’s SIP contains adequate
provisions to ensure that air emissions
in Alaska do not significantly contribute
to nonattainment or interfere with the
maintenance of the 2010 NO2 and SO2
NAAQS in any other state.
DATES: This final rule is effective July
25, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2016–0590. 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
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: John
Chi at (206) 553–1185, or chi.john@
epa.gov.
SUMMARY:
Table of Contents
BILLING CODE 8320–01–P
AGENCY:
Final rule.
On April 23, 2018, the EPA proposed
to approve Alaska’s March 10, 2016, SIP
submission as meeting CAA section
110(a)(2)(D)(i)(I) interstate transport
provisions for the 2010 NO2 and 2010
SO2 NAAQS (83 FR 17627). Please see
our proposed rulemaking for further
explanation and the basis for our
finding (April 23, 2018, 83 FR 17627).
The public comment period for the
EPA’s proposed action ended on May
23, 2018. We received no adverse
PO 00000
Frm 00013
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29449
comments. There were four electronic
comments submitted 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 Alaska’s March
10, 2016, SIP submission as
demonstrating sources in Alaska do not
significantly contribute to
nonattainment, or interfere with
maintenance, of the 2010 NO2 and SO2
NAAQS in any other state. Based on our
review, we find the Alaska SIP meets
the CAA section 110(a)(2)(D)(i)(I)
interstate transport requirements for the
2010 NO2 and SO2 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.);
• 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);
E:\FR\FM\25JNR1.SGM
25JNR1
29450
Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
• 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).
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
reference, Intergovernmental relations,
Nitrogen dioxide, Reporting and
recordkeeping requirements, Sulfur
dioxide.
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 August 24, 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).)
2. In § 52.70, the table in paragraph (e)
is amended by adding an entry for
‘‘Interstate Transport Requirements—
2010 NO2 and 2010 SO2 NAAQS’’ after
the entry for ‘‘Infrastructure
Requirements—2010 SO2 NAAQS’’ to
read as follows:
List of Subjects in 40 CFR Part 52
§ 52.70
Environmental protection, Air
pollution control, Incorporation by
*
Authority: 42 U.S.C. 7401 et seq.
Dated: June 14, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 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 C—Alaska
■
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
non-attainment
area
Name of SIP provision
*
*
State
submittal date
*
EPA approval date
*
Explanations
*
*
*
*
*
State of Alaska Air Quality Control Plan: Volume III. Appendices
*
*
*
*
*
Infrastructure and Interstate Transport
*
*
Interstate
Transport
Requirements—2010 NO2 and 2010 SO2
NAAQS.
*
*
*
*
Statewide .......
*
*
*
3/10/2016
*
*
*
6/25/2018, [Insert Federal Register citation].
*
*
*
Approves SIP for purposes of CAA
section 110(a)(2)(D)(i)(I) for the
2010 NO2 and 2010 SO2
NAAQS.
*
*
*
[FR Doc. 2018–13451 Filed 6–22–18; 8:45 am]
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*
Agencies
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29449-29450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13451]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0590; FRL-9979-87--Region 10]
Air Plan Approval; AK; Interstate Transport Requirements for the
2010 Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) submittal from the Alaska Department of
Environmental Conservation (Alaska DEC) demonstrating that the SIP
meets certain interstate transport requirements of the Clean Air Act
(CAA) for the National Ambient Air Quality Standards (NAAQS)
promulgated in 2010 for nitrogen dioxide (NO2) and sulfur
dioxide (SO2). The EPA has determined that Alaska's SIP
contains adequate provisions to ensure that air emissions in Alaska do
not significantly contribute to nonattainment or interfere with the
maintenance of the 2010 NO2 and SO2 NAAQS in any
other state.
DATES: This final rule is effective July 25, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2016-0590. 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 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: John Chi at (206) 553-1185, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Information is organized as follows:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
On April 23, 2018, the EPA proposed to approve Alaska's March 10,
2016, SIP submission as meeting CAA section 110(a)(2)(D)(i)(I)
interstate transport provisions for the 2010 NO2 and 2010
SO2 NAAQS (83 FR 17627). Please see our proposed rulemaking
for further explanation and the basis for our finding (April 23, 2018,
83 FR 17627).
The public comment period for the EPA's proposed action ended on
May 23, 2018. We received no adverse comments. There were four
electronic comments submitted 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 Alaska's March 10, 2016, SIP submission as
demonstrating sources in Alaska do not significantly contribute to
nonattainment, or interfere with maintenance, of the 2010
NO2 and SO2 NAAQS in any other state. Based on
our review, we find the Alaska SIP meets the CAA section
110(a)(2)(D)(i)(I) interstate transport requirements for the 2010
NO2 and SO2 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.);
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);
[[Page 29450]]
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).
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 August 24, 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, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 14, 2018.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 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 C--Alaska
0
2. In Sec. 52.70, the table in paragraph (e) is amended by adding an
entry for ``Interstate Transport Requirements--2010 NO2 and
2010 SO2 NAAQS'' after the entry for ``Infrastructure
Requirements--2010 SO2 NAAQS'' to read as follows:
Sec. 52.70 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable geographic
Name of SIP provision or non-attainment State EPA approval date Explanations
area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
State of Alaska Air Quality Control Plan: Volume III. Appendices
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate Transport Statewide............. 3/10/2016 6/25/2018, [Insert Approves SIP for
Requirements--2010 NO2 and 2010 Federal Register purposes of CAA
SO2 NAAQS. citation]. section
110(a)(2)(D)(i)(I
) for the 2010
NO2 and 2010 SO2
NAAQS.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-13451 Filed 6-22-18; 8:45 am]
BILLING CODE 6560-50-P