Air Plan Approval; Vermont; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5, 45194-45196 [2018-19291]
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45194
Federal Register / Vol. 83, No. 173 / Thursday, September 6, 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 CAA; 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 5, 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: August 20, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
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.
2. In § 52.1870, the table in paragraph
(e) is amended by adding the
subheading ‘‘Summary of Criteria
Pollutant Attainment Plans’’ and the
entry ‘‘PM2.5 (2012)’’ before the
subheading ‘‘Summary of Criteria
Pollutant Maintenance Plan’’ to read as
follows:
■
§ 52.1870
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographical or
non-attainment
area
Title
*
State date
*
EPA approval
*
Comments
*
*
*
*
Summary of Criteria Pollutant Attainment Plans
PM2.5 (2012) .....
Cleveland .........
10/14/2016
9/6/2018, [insert Federal
Register citation].
EPA is approving the following elements: the base year
2011 emissions inventory; the demonstration of attainment for 2021; current controls as meeting RACM requirements.
Summary of Criteria Pollutant Maintenance Plan
*
*
*
[FR Doc. 2018–19144 Filed 9–5–18; 8:45 am]
BILLING CODE 6560–50–P
*
*
ENVIRONMENTAL PROTECTION
AGENCY
*
ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Vermont that
addresses the infrastructure SIP
requirements of the Clean Air Act (CAA
or Act)—including the interstate
transport provisions—for the 2012 fine
particle (PM2.5) National Ambient Air
Quality Standards (NAAQS). The
infrastructure requirements are designed
to ensure that the structural components
SUMMARY:
40 CFR Part 52
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[EPA–R01–OAR–2017–0696; FRL–9983–
02—Region 1]
Air Plan Approval; Vermont;
Infrastructure State Implementation
Plan Requirements for the 2012 PM2.5
NAAQS
Environmental Protection
Agency (EPA).
AGENCY:
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15:59 Sep 05, 2018
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*
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Rules and Regulations
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA. EPA is
taking this action under the Clean Air
Act.
This rule is effective on October
9, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2017–0696. 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:
Alison C. Simcox, Air Quality Unit, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code OEP05–2), Boston, MA
02109–3912, tel. (617) 918–1684, email
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
DATES:
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
daltland on DSKBBV9HB2PROD with RULES
I. Background and Purpose
On June 29, 2018 (83 FR 30598), EPA
published a Notice of Proposed
Rulemaking (NPRM) for the State of
Vermont.
In the NPRM, EPA proposed to
approve an infrastructure SIP revision
for the 2012 fine particle (PM2.51)
National Ambient Air Quality Standards
(NAAQS) that Vermont submitted to
EPA on October 31, 2017.
1 PM
2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ‘‘fine’’
particles.
VerDate Sep<11>2014
15:59 Sep 05, 2018
Jkt 244001
This submittal included an enclosure
addressing the ‘‘Good Neighbor’’ (or
‘‘transport’’) provisions of the Act for
the 2012 PM2.5 NAAQS (Section
110(a)(2)(D)(i)(I) of the CAA). Under
sections 110(a)(1) and (2) of the CAA,
states are required to submit
infrastructure SIPs to ensure that SIPs
provide for implementation,
maintenance, and enforcement of the
NAAQS, including the 2012 PM2.5
NAAQS.
This rulemaking does not cover three
substantive areas that are not integral to
acting on a state’s infrastructure SIP
submission: (i) Existing provisions
related to excess emissions during
periods of start-up, shutdown, or
malfunction at sources (‘‘SSM’’
emissions) that may be contrary to the
CAA and EPA’s policies addressing
such excess emissions; (ii) existing
provisions related to ‘‘director’s
variance’’ or ‘‘director’s discretion’’ that
purport to permit revisions to SIPapproved emissions limits with limited
public process or without requiring
further approval by EPA, that may be
contrary to the CAA (‘‘director’s
discretion’’); and, (iii) existing
provisions for Prevention of Significant
Deterioration (PSD) programs that may
be inconsistent with current
requirements of EPA’s ‘‘Final New
Source Review (NSR) Improvement
Rule,’’ 67 FR 80186 (December 31,
2002), as amended by 72 FR 32526 (June
13, 2007) (‘‘NSR Reform’’). Instead, EPA
has the authority to address each of
these substantive areas separately. A
detailed history, interpretation, and
rationale for EPA’s approach to
infrastructure SIP requirements can be
found in EPA’s May 13, 2014, proposed
rule entitled, ‘‘Infrastructure SIP
Requirements for the 2008 Lead
NAAQS’’ in the section, ‘‘What is the
scope of this rulemaking?’’ See 79 FR
27241 at 27242–45.
The NPR includes the rationale for
approval, and EPA will not restate it
here. Three public comments were
received on the NPRM.
II. Response to Comments
EPA received three comments during
the comment period. All comments
discuss subjects outside the scope of an
infrastructure SIP action, do not explain
(or provide a legal basis for) how the
proposed action should differ in any
way, and, indeed, make no specific
mention of the proposed action.
Consequently, the three comments are
not germane to this rulemaking and
require no further response.
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Fmt 4700
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45195
III. Final Action
EPA is approving Vermont’s October
2017 infrastructure SIP submission for
the 2012 PM2.5 NAAQS as a revision to
the Vermont SIP.
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
E:\FR\FM\06SER1.SGM
06SER1
45196
Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Rules and Regulations
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 November 5,
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: August 31, 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 UU—Vermont
2. Section 52.2370 is amended in
paragraph (e) table by adding the entry
‘‘Submittals to meet Section 110(a)(2)
Infrastructure Requirements for the 2012
PM2.5 NAAQS’’ after the entry ‘‘Vermont
Regional Haze Five-Year Progress
Report’’ to read as follows:
■
§ 52.2370
*
Identification of plan.
*
*
(e) * * *
*
*
VERMONT NON-REGULATORY
Name of nonregulatory
SIP provision
Applicable geographic
or nonattainment area
*
Submittals to meet Section 110(a)(2) Infrastructure Requirements for the 2012
PM2.5 NAAQS.
*
*
Statewide .....................
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8365
[17X.LLUTW01100.L12200000.AL0000]
Prohibition of Target Shooting on
Public Lands in the Eastern Lake
Mountains, Utah County, Utah
Bureau of Land Management,
Interior.
ACTION: Interim final supplementary
rule.
daltland on DSKBBV9HB2PROD with RULES
AGENCY:
15:59 Sep 05, 2018
Jkt 244001
Explanation
*
*
9/6/2018, [Insert Federal Register citation].
*
*
These submittals are approved with respect to
the following CAA elements or portions thereof: 110(a)(2) (A), (B), (C), (D), (E)(1), E(2),
(F), (G), (H), (J1), (J2), (J3), (K), (L), and (M).
The rule is effective on
September 6, 2018. You may submit
comments to the BLM on or before
November 5, 2018.
DATES:
The Bureau of Land
Management (BLM) Utah State Director
hereby establishes an interim final
VerDate Sep<11>2014
10/31/2015
EPA approval date
supplementary rule (rule) prohibiting
target shooting within a 2,004-acre area
on BLM-administered public lands in
the Eastern Lake Mountains area of the
Salt Lake Field Office, Eastern Lake
Mountains, Utah County, Utah. The rule
is necessary to implement and enforce
this long-term prohibition to provide for
public safety and historic properties
(specifically Native American
petroglyphs), as authorized in the
Decision Record for the Eastern Lake
Mountains Target Shooting Resource
Management Plan Amendment (RMPA).
The rule does not restrict other public
activities in or access to or through the
Lake Mountains, including legal
hunting.
[FR Doc. 2018–19291 Filed 9–5–18; 8:45 am]
SUMMARY:
State
submittal date/
effective date
PO 00000
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You may submit comments
by any of the following methods:
Mail: Bureau of Land Management,
Attention: Matt Preston, Salt Lake Field
Office, 2370 South Decker Lake
Boulevard, West Valley City, Utah
84119.
Email: blm_ut_sl_comments@blm.gov.
NEPA Register: https://go.usa.gov/
xXBNF.
The environmental assessment,
Decision Record, and RMPA are
available for public review at the
mailing and NEPA Register website
addresses in this section.
FOR FURTHER INFORMATION CONTACT: Matt
Preston, BLM Salt Lake Field Manager,
Bureau of Land Management at 801–
977–4300. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact the above individual. The FRS
ADDRESSES:
E:\FR\FM\06SER1.SGM
06SER1
]]>Agencies
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Rules and Regulations]
[Pages 45194-45196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19291]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0696; FRL-9983-02--Region 1]
Air Plan Approval; Vermont; Infrastructure State Implementation
Plan Requirements for the 2012 PM2.5 NAAQS
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 Vermont
that addresses the infrastructure SIP requirements of the Clean Air Act
(CAA or Act)--including the interstate transport provisions--for the
2012 fine particle (PM2.5) National Ambient Air Quality
Standards (NAAQS). The infrastructure requirements are designed to
ensure that the structural components
[[Page 45195]]
of each state's air quality management program are adequate to meet the
state's responsibilities under the CAA. EPA is taking this action under
the Clean Air Act.
DATES: This rule is effective on October 9, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2017-0696. 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: Alison C. Simcox, Air Quality Unit,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, tel.
(617) 918-1684, 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 June 29, 2018 (83 FR 30598), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of Vermont.
In the NPRM, EPA proposed to approve an infrastructure SIP revision
for the 2012 fine particle (PM2.5\1\) National Ambient Air
Quality Standards (NAAQS) that Vermont submitted to EPA on October 31,
2017.
---------------------------------------------------------------------------
\1\ PM2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ``fine'' particles.
---------------------------------------------------------------------------
This submittal included an enclosure addressing the ``Good
Neighbor'' (or ``transport'') provisions of the Act for the 2012
PM2.5 NAAQS (Section 110(a)(2)(D)(i)(I) of the CAA). Under
sections 110(a)(1) and (2) of the CAA, states are required to submit
infrastructure SIPs to ensure that SIPs provide for implementation,
maintenance, and enforcement of the NAAQS, including the 2012
PM2.5 NAAQS.
This rulemaking does not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction at sources (``SSM'' emissions) that
may be contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(``director's discretion''); and, (iii) existing provisions for
Prevention of Significant Deterioration (PSD) programs that may be
inconsistent with current requirements of EPA's ``Final New Source
Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31, 2002), as
amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA
has the authority to address each of these substantive areas
separately. A detailed history, interpretation, and rationale for EPA's
approach to infrastructure SIP requirements can be found in EPA's May
13, 2014, proposed rule entitled, ``Infrastructure SIP Requirements for
the 2008 Lead NAAQS'' in the section, ``What is the scope of this
rulemaking?'' See 79 FR 27241 at 27242-45.
The NPR includes the rationale for approval, and EPA will not
restate it here. Three public comments were received on the NPRM.
II. Response to Comments
EPA received three comments during the comment period. All comments
discuss subjects outside the scope of an infrastructure SIP action, do
not explain (or provide a legal basis for) how the proposed action
should differ in any way, and, indeed, make no specific mention of the
proposed action. Consequently, the three comments are not germane to
this rulemaking and require no further response.
III. Final Action
EPA is approving Vermont's October 2017 infrastructure SIP
submission for the 2012 PM2.5 NAAQS as a revision to the
Vermont SIP.
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
[[Page 45196]]
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 November 5, 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: August 31, 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:
Authority: 42 U.S.C. 7401 et seq.
Subpart UU--Vermont
0
2. Section 52.2370 is amended in paragraph (e) table by adding the
entry ``Submittals to meet Section 110(a)(2) Infrastructure
Requirements for the 2012 PM2.5 NAAQS'' after the entry
``Vermont Regional Haze Five-Year Progress Report'' to read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(e) * * *
Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable submittal date/
provision geographic or effective EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Submittals to meet Section Statewide......... 10/31/2015 9/6/2018, [Insert These submittals are
110(a)(2) Infrastructure Federal Register approved with respect
Requirements for the 2012 citation]. to the following CAA
PM2.5 NAAQS. elements or portions
thereof: 110(a)(2)
(A), (B), (C), (D),
(E)(1), E(2), (F),
(G), (H), (J1), (J2),
(J3), (K), (L), and
(M).
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[FR Doc. 2018-19291 Filed 9-5-18; 8:45 am]
BILLING CODE 6560-50-P
