Air Plan Approval; Alaska; Interstate Transport Requirements for the 2012 PM2.5, 30048-30049 [2018-13721]
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30048
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0617 to read as
follows:
■
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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BILLING CODE 9110–04–P
The Clean Air Act requires
each State Implementation Plan (SIP) to
contain adequate provisions prohibiting
emissions that will have certain adverse
air quality effects in other states. On
March 10, 2016, the State of Alaska
made a submission to the
Environmental Protection Agency (EPA)
to address these requirements. The EPA
is approving the submission as meeting
the requirement that each SIP contain
adequate provisions to prohibit
emissions that will contribute
significantly to nonattainment or
interfere with maintenance of the 2012
annual fine particulate matter (PM2.5)
National Ambient Air Quality Standard
(NAAQS).
DATES: This final rule is effective July
27, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2017–0745. 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: Jeff
Hunt at (206) 553–0256, or hunt.jeff@
epa.gov.
SUMMARY:
(a) Location. The safety zone will
encompass all waters of Lake Ontario;
Kendall, NY contained within a 210-foot
radius of: 43°22′02.04″ N, 078°01′48.06″
W.
(b) Enforcement period. This
regulation will be enforced from 9:45
p.m. until 10:35 p.m. on June 30, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
[FR Doc. 2018–13735 Filed 6–26–18; 8:45 am]
Air Plan Approval; Alaska; Interstate
Transport Requirements for the 2012
PM2.5 NAAQS
AGENCY:
§ 165.T09–0617 Safety Zone; Boaters
Against Cancer Fireworks Display; Lake
Ontario, Kendall, NY.
Dated: June 20, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[EPA–R10–OAR–2017–0745; FRL–9980–00–
Region 10]
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Final Action
III. Statutory and Executive Order Reviews
I. Background Information
On May 2, 2018, the EPA proposed to
approve Alaska’s submission as meeting
the requirement that each SIP contain
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adequate provisions to prohibit
emissions that will contribute
significantly to nonattainment or
interfere with maintenance of the 2012
PM2.5 NAAQS in any other state (83 FR
19191). An explanation of the Clean Air
Act requirements, a detailed analysis of
the submission, and the EPA’s reasons
for proposing approval were provided in
the notice of proposed rulemaking, and
will not be restated here. The public
comment period for the proposal ended
June 1, 2018. We received no adverse
comments.1
II. Final Action
The EPA is approving Alaska’s March
10, 2016, submission certifying that the
current Alaska SIP is sufficient to meet
the interstate transport requirements of
Clean Air Act section 110(a)(2)(D)(i)(I)
for the 2012 PM2.5 NAAQS, as described
in the proposal for this action.
III. 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 actions such as 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.);
1 We received two comments in support of our
proposed approval. The first was submitted by the
Alaska Department of Environmental Conservation.
The second was submitted anonymously. The
anonymous commenter suggested additional areas
for EPA research, primarily regarding PM2.5 impacts
on environmental justice communities, but was
overall supportive of our proposed approval.
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30049
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
this action does not involve technical
standards; 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 and is also
not approved to apply 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 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 27, 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.
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
2. In § 52.70, amend the table in
paragraph (e) by adding the entry
‘‘Interstate Transport Requirements–
2012 PM2.5 NAAQS’’ after the entry
‘‘Infrastructure Requirements—2010
SO2 NAAQS’’ to read as follows:
■
§ 52.70
*
*
Identification of plan.
*
*
*
(e) * * *
EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP provision
*
Applicable
geographic or
nonattainment area
*
State
submittal
date
EPA approval date
*
*
Explanations
*
*
*
Infrastructure and Interstate Transport
*
Interstate Transport Requirements—2012
PM2.5 NAAQS.
*
*
Statewide ......................
3/10/2016
*
*
*
*
6/27/2018, [Insert FedApproves SIP for purposes of CAA section
eral Register citation].
110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS.
Regulations Approved but not Incorporated by Reference
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*
*
*
*
*
*
[FR Doc. 2018–13721 Filed 6–26–18; 8:45 am]
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]]>Agencies
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30048-30049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13721]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2017-0745; FRL-9980-00-Region 10]
Air Plan Approval; Alaska; Interstate Transport Requirements for
the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Clean Air Act requires each State Implementation Plan
(SIP) to contain adequate provisions prohibiting emissions that will
have certain adverse air quality effects in other states. On March 10,
2016, the State of Alaska made a submission to the Environmental
Protection Agency (EPA) to address these requirements. The EPA is
approving the submission as meeting the requirement that each SIP
contain adequate provisions to prohibit emissions that will contribute
significantly to nonattainment or interfere with maintenance of the
2012 annual fine particulate matter (PM2.5) National Ambient
Air Quality Standard (NAAQS).
DATES: This final rule is effective July 27, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2017-0745. 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: Jeff Hunt at (206) 553-0256, or
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Final Action
III. Statutory and Executive Order Reviews
I. Background Information
On May 2, 2018, the EPA proposed to approve Alaska's submission as
meeting the requirement that each SIP contain adequate provisions to
prohibit emissions that will contribute significantly to nonattainment
or interfere with maintenance of the 2012 PM2.5 NAAQS in any
other state (83 FR 19191). An explanation of the Clean Air Act
requirements, a detailed analysis of the submission, and the EPA's
reasons for proposing approval were provided in the notice of proposed
rulemaking, and will not be restated here. The public comment period
for the proposal ended June 1, 2018. We received no adverse
comments.\1\
---------------------------------------------------------------------------
\1\ We received two comments in support of our proposed
approval. The first was submitted by the Alaska Department of
Environmental Conservation. The second was submitted anonymously.
The anonymous commenter suggested additional areas for EPA research,
primarily regarding PM2.5 impacts on environmental
justice communities, but was overall supportive of our proposed
approval.
---------------------------------------------------------------------------
II. Final Action
The EPA is approving Alaska's March 10, 2016, submission certifying
that the current Alaska SIP is sufficient to meet the interstate
transport requirements of Clean Air Act section 110(a)(2)(D)(i)(I) for
the 2012 PM2.5 NAAQS, as described in the proposal for this
action.
III. 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 actions such as SIP approvals are
exempted under Executive Order 12866;
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
[[Page 30049]]
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 this action does not involve technical standards; 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 and
is also not approved to apply 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 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 27, 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.
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, amend the table in paragraph (e) by adding the entry
``Interstate Transport Requirements-2012 PM2.5 NAAQS'' after
the entry ``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 State
Name of SIP provision geographic or submittal EPA approval date Explanations
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
=================================
Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate Transport Statewide.......... 3/10/2016 6/27/2018, [Insert Approves SIP for
Requirements--2012 PM2.5 NAAQS. Federal Register purposes of CAA
citation]. section
110(a)(2)(D)(i)(I) for
the 2012 PM2.5 NAAQS.
----------------------------------------------------------------------------------------------------------------
Regulations Approved but not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-13721 Filed 6-26-18; 8:45 am]
BILLING CODE 6560-50-P
