Air Plan Approval; Maine; Infrastructure Requirement for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard, 39892-39894 [2018-17248]
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39892
Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations
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
Dated: August 6, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
Part 52 of 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 H—Connecticut
2. Section 52.377 is amended by
adding paragraph(s) to read as follows:
■
Control strategy: Ozone.
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*
*
*
*
*
(s) Approval—An attainment
demonstration for the 1997 8-hour
ozone standard to satisfy requirements
of section 182(c)(2)(A) of the Clean Air
Act, and a Reasonably Available Control
Measure (RACM) analysis to satisfy
requirements of section 172(c)(1) of the
Clean Air Act for the New YorkNorthern New Jersey-Long Island (NYNJ-CT) ozone nonattainment area,
submitted by the Connecticut
Department of Energy and
Environmental Protection. This
rulemaking addresses the EPA’s
obligations to act on Connecticut’s
February 1, 2008 SIP revision for the
1997 ozone NAAQS, as well as the
attainment demonstration and RACM
analysis portion of the August 8, 2017
SIP submittal for the 1997 ozone
NAAQS for the Connecticut portion of
the NY-NJ-CT area.
[FR Doc. 2018–17245 Filed 8–10–18; 8:45 am]
BILLING CODE 6560–50–P
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‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
40 CFR Part 52
Table of Contents
[EPA–R01–OAR–2018–0269; FRL–9981–93–
Region 1]
Air Plan Approval; Maine;
Infrastructure Requirement for the
2010 Nitrogen Dioxide National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
§ 52.377
ENVIRONMENTAL PROTECTION
AGENCY
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. This
revision addresses the interstate
transport requirements of the Clean Air
Act (CAA) with respect to the 2010
primary nitrogen dioxide (NO2) National
Ambient Air Quality Standard
(NAAQS). This action approves Maine’s
demonstration that the State is meeting
its obligations regarding the interstate
transport of NO2 emissions into other
states. This action is being taken under
the CAA.
DATES: This rule is effective on
September 12, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0269. 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, i.e., 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 at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Patrick Bird, Office of Ecosystem
Protection, 5 Post Office Square—Suite
100 (Mail Code OEP 05–2), Boston, MA
01209–3912, tel. (617) 918–1287, email
bird.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
SUMMARY:
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I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 25, 2018 (83 FR 24264), EPA
published a Notice of Proposed
Rulemaking (NPRM) regarding specific
Clean Air Act requirements applicable
to the State of Maine. In particular, the
NPRM proposed approval of Maine’s
February 21, 2018, SIP submittal for the
2010 primary NO2 NAAQS as it pertains
to section 110(a)(2)(D)(i)(I) of the CAA.
Section 110(a)(2)(D)(i)(I) requires a
state’s SIP to include provisions
prohibiting any source or other type of
emissions activity within the state from
emitting any air pollutant in amounts
that will contribute significantly to
nonattainment, or interfere with
maintenance, of the NAAQS in another
state. The two clauses of this section are
referred to as prong 1 (significant
contribution to nonattainment) and
prong 2 (interference with maintenance
of the NAAQS).
In the NPRM, EPA proposed to
approve Maine’s February 21, 2018,
infrastructure SIP submittal for the 2010
primary NO2 NAAQS, concluding
Maine’s SIP submittal adequately
addresses prong 1 and prong 2
requirements of CAA section
110(a)(2)(D)(i)(I) for the 2010 primary
NO2 NAAQS. The rationale for EPA’s
proposed action is explained in the
NPRM and will not be restated here.
II. Response to Comments
In response to the May 25, 2018
NPRM, we received a number of
anonymous comments that address
subjects outside the scope of our
proposed action, do not explain (or
provide a legal basis for) how the
proposed action should differ in any
way, and make no specific mention of
the proposed action. Consequently,
those comments are not germane to this
rulemaking and require no further
response.
EPA received one relevant comment
that referred specifically to the proposed
rulemaking on the Maine’s
infrastructure SIP submittal for the 2010
primary NO2 NAAQS.
Comment: The commenter suggests
that, under the Plain Writing Act of
2010, EPA should not have used the
word ‘‘promulgated’’ in the NPRM for
this action.
Response: The Plain Writing Act of
2010 (‘‘PWA’’ or the ‘‘Act’’), Public Law
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111–274, 124 Stat. 2861, requires EPA to
‘‘use plain writing in every covered
document of the agency that the agency
issues or substantially revises.’’ See
PWA section 4(b). The Act defines
‘‘plain writing’’ as ‘‘writing that is clear,
concise, well-organized, and follows
other best practices appropriate to the
subject or field and intended audience.’’
See PWA section 3(3). The Office of
Management and Budget (‘‘OMB’’)
published guidance 1 on the Act that
encourages agencies to follow Federal
Plain Language Guidelines available at
www.plainlanguage.gov that
recommend agencies avoid certain
words, including ‘‘promulgate.’’ Neither
the PWA nor the guidelines, however,
bar its use.
In the NPRM, EPA used forms of
‘‘promulgate’’ twice as follows: ‘‘[o]n
February 9, 2010, EPA promulgated a
new 1-hour primary NAAQS for NO2 at
a level of 100 parts per billion (ppb),
based on a 3-year average of the 98th
percentile of the yearly distribution of 1hour daily maximum concentrations’’
and ‘‘states are required to submit SIPs
meeting the applicable requirements of
section 110(a)(2) within three years after
promulgation of a new or revised
NAAQS’’ (emphasis added). The Clean
Air Act specifically requires EPA to
‘‘promulgate’’ NAAQS, CAA section
109(a)(1)(B), and requires states to
submit infrastructure SIPs to EPA
within three years after the
‘‘promulgation’’ of a NAAQS, CAA
section 110(a)(1). EPA agrees that it can
sometimes be clearer to avoid words
like ‘‘promulgate,’’ but EPA
appropriately used ‘‘promulgated’’ and
‘‘promulgation’’ in the NPR to refer
specifically to these formal CAA
requirements. In any event, the
comment does not suggest that the
commenter misunderstood EPA’s
proposed action due to the use of these
words. See PWA section 2. Nor does the
commenter state that EPA should
disapprove Maine’s submittal.
Therefore, we are approving the SIP
submittal as proposed.
III. Final Action
EPA is approving Maine’s February
21, 2018, SIP revision addressing prongs
1 and 2 of CAA section 110(a)(2)(D)(i)(I)
for the 2010 primary NO2 NAAQS. EPA
is taking final action to approve this SIP
submittal because Maine’s SIP includes
adequate provisions to prevent
emissions sources within the State from
significantly contributing to
nonattainment or interfering with
1 OMB, Final Guidance on Implementing the
Plain Writing Act of 2010 (April 13, 2011), available
at https://plainlanguage.gov/law/.
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maintenance of this standard in any
other state.
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. 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 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);
• This action is not an Executive
Order 13771 regulatory action because
this action is not significant 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 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).
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39893
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where 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. 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 October 12, 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, Ozone, Particulate
matter, Reporting and recordkeeping
requirements.
Dated: August 6, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
Part 52 of 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:
■
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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Transport SIP to meet Infrastructure
Requirements for the 2010 1-hour NO2
NAAQS’’ at the end of the table to read
as follows:
Subpart U—Maine
2. Section 52.1020(e) is amended by
adding an entry titled ‘‘Interstate
■
§ 52.1020
*
Identification of plan.
*
*
*
*
(e) Nonregulatory.
MAINE NON REGULATORY
Applicable geographic or nonattainment area
Name of non regulatory SIP provision
*
*
Interstate Transport SIP to meet Infrastructure Requirements for the
2010 1-hour NO2 NAAQS.
State submittal
date/effective
date
*
Statewide ............
*
2/21/2018
EPA approved date 3
*
8/13/2018, [Insert Federal
Register citation].
Explanations
*
*
This approval addresses Prongs 1
and 2 of CAA section
110(a)(2)(D)(i)(I) only.
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
Fish and Wildlife Service
Program, U.S. Fish and Wildlife Service,
5275 Leesburg Pike, MS: ES, Falls
Church, VA 22041; telephone 703–358–
2444. If you use a telecommunications
device for the deaf (TDD), call the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
50 CFR Part 17
Executive Summary
[FR Doc. 2018–17248 Filed 8–10–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
[Docket No. FWS–R9–ES–2012–0013;
4500030115]
RIN 1018–BC79
Endangered and Threatened Wildlife
and Plants; Listing the Hyacinth
Macaw
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, determine threatened
species status under the Endangered
Species Act of 1973 (Act), as amended,
for the hyacinth macaw
(Anodorhynchus hyacinthinus), a
species that occurs almost exclusively
in Brazil and marginally in Bolivia and
Paraguay. This rule adds this species to
the List of Endangered and Threatened
Wildlife. We are also establishing a rule
pursuant to section 4(d) of the Act to
further provide for the conservation of
the hyacinth macaw.
DATES: This rule is effective September
12, 2018.
ADDRESSES: Comments and materials
received, as well as supporting
documentation used in the preparation
of this rule, are available for public
inspection at https://
www.regulations.gov under Docket No.
FWS–R9–ES–2012–0013.
FOR FURTHER INFORMATION CONTACT: Don
Morgan, Chief, Division of Delisting and
Foreign Species, Ecological Services
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Why we need to publish a rule. Under
the Endangered Species Act (Act), a
species may warrant protection through
listing if it is found to be an endangered
or threatened species. Listing a species
as an endangered or threatened species
can only be completed by issuing a rule.
On July 6, 2012, the U.S. Fish and
Wildlife Service (Service) published in
the Federal Register (FR) a 12-month
finding and proposed rule to list the
hyacinth macaw (Anodorhynchus
hyacinthinus) as an endangered species
under the Act (77 FR 39965). On
November 28, 2016, the Service
published a revised proposed rule to list
the hyacinth macaw as a threatened
species (81 FR 85488), which included
a proposed rule under section 4(d) of
the Act that defined the prohibitions we
are extending to the hyacinth macaw
and the exceptions to those
prohibitions, as well as provisions that
are necessary and advisable for the
species’ conservation. This rule finalizes
the listing of the hyacinth macaw as a
threatened species under the Act, and
establishes a 4(d) rule to further provide
for the species’ conservation.
The basis for our action. Under
section 4(a)(1) of the Act, we determine
that a species is an endangered or
threatened species based on any of five
factors: (A) The present or threatened
destruction, modification, or
curtailment of its habitat or range; (B)
overutilization for commercial,
recreational, scientific, or educational
purposes; (C) disease or predation; (D)
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the inadequacy of existing regulatory
mechanisms; or (E) other natural or
manmade factors affecting its continued
existence. The primary causes attributed
to the decline of the hyacinth macaw
include habitat loss and degradation
(Factor A), hunting (Factor B), predation
(Factor C), competition and low
reproduction rate (Factor E), and climate
change (Factor E).
Section 4(d) of the Act authorizes the
Secretary of the Interior (Secretary) to
extend to threatened species the
prohibitions provided for endangered
species under section 9 of the Act. Our
implementing regulations for threatened
wildlife, found at title 50 of the Code of
Federal Regulations (CFR) at § 17.31 (50
CFR 17.31), incorporate the section 9
prohibitions for endangered wildlife,
except when a species-specific rule
under section 4(d) of the Act is
promulgated. For threatened species,
section 4(d) of the Act gives the Service
discretion to specify the prohibitions
and any exceptions to those
prohibitions that are appropriate for the
species, as well as include provisions
that are necessary and advisable to
provide for the conservation of the
species. A rule issued under section 4(d)
of the Act allows us to include
provisions that are tailored to the
specific conservation needs of that
threatened species and which may be
more or less restrictive than the general
provisions at 50 CFR 17.31.
Peer review and public comment. We
sought comments from independent
specialists to ensure that our analysis is
based on scientifically sound data,
assumptions, and analyses. We invited
peer reviewers and the public to
comment on our listing proposals. All
substantive information from peer
review and public comments was fully
considered and incorporated into this
final rule, where appropriate.
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]]>Agencies
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39892-39894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17248]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0269; FRL-9981-93-Region 1]
Air Plan Approval; Maine; Infrastructure Requirement for the 2010
Nitrogen Dioxide National Ambient Air Quality 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 State of Maine.
This revision addresses the interstate transport requirements of the
Clean Air Act (CAA) with respect to the 2010 primary nitrogen dioxide
(NO2) National Ambient Air Quality Standard (NAAQS). This
action approves Maine's demonstration that the State is meeting its
obligations regarding the interstate transport of NO2
emissions into other states. This action is being taken under the CAA.
DATES: This rule is effective on September 12, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2018-0269. 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, i.e., 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Office of Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Patrick Bird, Office of Ecosystem
Protection, 5 Post Office Square--Suite 100 (Mail Code OEP 05-2),
Boston, MA 01209-3912, tel. (617) 918-1287, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On May 25, 2018 (83 FR 24264), EPA published a Notice of Proposed
Rulemaking (NPRM) regarding specific Clean Air Act requirements
applicable to the State of Maine. In particular, the NPRM proposed
approval of Maine's February 21, 2018, SIP submittal for the 2010
primary NO2 NAAQS as it pertains to section
110(a)(2)(D)(i)(I) of the CAA.
Section 110(a)(2)(D)(i)(I) requires a state's SIP to include
provisions prohibiting any source or other type of emissions activity
within the state from emitting any air pollutant in amounts that will
contribute significantly to nonattainment, or interfere with
maintenance, of the NAAQS in another state. The two clauses of this
section are referred to as prong 1 (significant contribution to
nonattainment) and prong 2 (interference with maintenance of the
NAAQS).
In the NPRM, EPA proposed to approve Maine's February 21, 2018,
infrastructure SIP submittal for the 2010 primary NO2 NAAQS,
concluding Maine's SIP submittal adequately addresses prong 1 and prong
2 requirements of CAA section 110(a)(2)(D)(i)(I) for the 2010 primary
NO2 NAAQS. The rationale for EPA's proposed action is
explained in the NPRM and will not be restated here.
II. Response to Comments
In response to the May 25, 2018 NPRM, we received a number of
anonymous comments that address subjects outside the scope of our
proposed action, do not explain (or provide a legal basis for) how the
proposed action should differ in any way, and make no specific mention
of the proposed action. Consequently, those comments are not germane to
this rulemaking and require no further response.
EPA received one relevant comment that referred specifically to the
proposed rulemaking on the Maine's infrastructure SIP submittal for the
2010 primary NO2 NAAQS.
Comment: The commenter suggests that, under the Plain Writing Act
of 2010, EPA should not have used the word ``promulgated'' in the NPRM
for this action.
Response: The Plain Writing Act of 2010 (``PWA'' or the ``Act''),
Public Law
[[Page 39893]]
111-274, 124 Stat. 2861, requires EPA to ``use plain writing in every
covered document of the agency that the agency issues or substantially
revises.'' See PWA section 4(b). The Act defines ``plain writing'' as
``writing that is clear, concise, well-organized, and follows other
best practices appropriate to the subject or field and intended
audience.'' See PWA section 3(3). The Office of Management and Budget
(``OMB'') published guidance \1\ on the Act that encourages agencies to
follow Federal Plain Language Guidelines available at
www.plainlanguage.gov that recommend agencies avoid certain words,
including ``promulgate.'' Neither the PWA nor the guidelines, however,
bar its use.
---------------------------------------------------------------------------
\1\ OMB, Final Guidance on Implementing the Plain Writing Act of
2010 (April 13, 2011), available at https://plainlanguage.gov/law/.
---------------------------------------------------------------------------
In the NPRM, EPA used forms of ``promulgate'' twice as follows:
``[o]n February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations'' and ``states are required to submit
SIPs meeting the applicable requirements of section 110(a)(2) within
three years after promulgation of a new or revised NAAQS'' (emphasis
added). The Clean Air Act specifically requires EPA to ``promulgate''
NAAQS, CAA section 109(a)(1)(B), and requires states to submit
infrastructure SIPs to EPA within three years after the
``promulgation'' of a NAAQS, CAA section 110(a)(1). EPA agrees that it
can sometimes be clearer to avoid words like ``promulgate,'' but EPA
appropriately used ``promulgated'' and ``promulgation'' in the NPR to
refer specifically to these formal CAA requirements. In any event, the
comment does not suggest that the commenter misunderstood EPA's
proposed action due to the use of these words. See PWA section 2. Nor
does the commenter state that EPA should disapprove Maine's submittal.
Therefore, we are approving the SIP submittal as proposed.
III. Final Action
EPA is approving Maine's February 21, 2018, SIP revision addressing
prongs 1 and 2 of CAA section 110(a)(2)(D)(i)(I) for the 2010 primary
NO2 NAAQS. EPA is taking final action to approve this SIP
submittal because Maine's SIP includes adequate provisions to prevent
emissions sources within the State from significantly contributing to
nonattainment or interfering with maintenance of this standard in any
other state.
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. 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 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);
This action is not an Executive Order 13771 regulatory
action because this action is not significant 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 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 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. 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 October 12, 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, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: August 6, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
Part 52 of 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:
[[Page 39894]]
Authority: 42 U.S.C. 7401 et seq.
Subpart U--Maine
0
2. Section 52.1020(e) is amended by adding an entry titled ``Interstate
Transport SIP to meet Infrastructure Requirements for the 2010 1-hour
NO2 NAAQS'' at the end of the table to read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(e) Nonregulatory.
Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non regulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date \3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate Transport SIP to Statewide......... 2/21/2018 8/13/2018, [Insert This approval addresses
meet Infrastructure Federal Register Prongs 1 and 2 of CAA
Requirements for the 2010 1- citation]. section
hour NO2 NAAQS. 110(a)(2)(D)(i)(I)
only.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[FR Doc. 2018-17248 Filed 8-10-18; 8:45 am]
BILLING CODE 6560-50-P
