Air Plan Approval; Washington; Interstate Transport Requirements for the 2015 Ozone NAAQS, 47568-47569 [2018-20389]

Download as PDF 47568 Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations NO2, 2010 SO2 and 2012 PM2.5 NAAQS is approved with respect to 110(a)(2)(B). [FR Doc. 2018–20448 Filed 9–19–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2018–0061; FRL–9983– 83—Region 10] Air Plan Approval; Washington; Interstate Transport Requirements for the 2015 Ozone NAAQS Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting emissions that will have certain adverse air quality effects in other states. On February 7, 2018, the State of Washington made a submittal to the Environmental Protection Agency (EPA) to address these requirements for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The EPA is approving the submittal as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will significantly contribute to nonattainment or interfere with maintenance of the 2015 ozone NAAQS in any other state. DATES: This final rule is effective October 22, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2018–0061. 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 the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and is publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. tkelley on DSKBCP9HB2PROD with RULES2 SUMMARY: Jeff Hunt at (206) 553–0256, or hunt.jeff@ epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is intended to refer to the EPA. VerDate Sep<11>2014 16:15 Sep 19, 2018 Jkt 244001 I. Background Information On July 23, 2018, the EPA proposed to approve Washington 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 2015 ozone NAAQS in any other state (83 FR 34813). An explanation of the Clean Air Act requirements, a detailed analysis of the submittal, 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 August 22, 2018. II. Response to Comments We received several anonymous comments unrelated to Washington’s submission. After reviewing the anonymous comments, we have determined that the comments are outside the scope of our proposed action and fail to identify any material issue necessitating a response. For more information, please see our memorandum included in the docket for this action. III. Final Action The EPA is approving Washington’s February 7, 2018, submittal certifying that the SIP is sufficient to meet the interstate transport requirements of Clean Air Act section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS. 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 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 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 E:\FR\FM\20SER1.SGM 20SER1 47569 Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations this action must be filed in the United States Court of Appeals for the appropriate circuit by November 19, 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, Authority: 42 U.S.C. 7401 et seq. Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Subpart WW—Washington 2. In § 52.2470, table 2 in paragraph (e) is amended by adding the entry for ‘‘Interstate Transport for the 2015 Ozone NAAQS’’ immediately below the entry for ‘‘Interstate Transport for the 2012 PM2.5 NAAQS’’ to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Dated: September 5, 2018. Chris Hladick, Regional Administrator, Region 10. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: § 52.2470 * PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Identification of plan. * * (e) * * * * * 1. The authority citation for part 52 continues to read as follows: ■ TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS Applicable geographic or nonattainment area Name of SIP provision * * Interstate Transport for the 2015 Ozone NAAQS. * * Statewide .......... * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2017–0435; FRL–9983– 35—Region 6] Environmental Protection Agency (EPA). ACTION: Final rule. Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving portions of the Arkansas State Implementation Plan (SIP) submittal addressing the CAA requirement that SIPs address the potential for interstate transport of air pollution to significantly contribute to nonattainment or interfere with maintenance of the 2012 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) in other states. EPA finds that emissions from tkelley on DSKBCP9HB2PROD with RULES2 Jkt 244001 Explanations * 9/20/2018, [Insert Federal Register citation]. * * * This action addresses 110(a)(2)(D)(i)(I). * This final rule is effective on November 7, 2018. AGENCY: 16:15 Sep 19, 2018 * 2/7/2018 DATES: Approval and Promulgation of Implementation Plans; Arkansas; Interstate Transport Requirements for the 2012 PM2.5 NAAQS and Definition Update SUMMARY: EPA approval date Arkansas sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. The EPA is also approving a revision to update incorporation by reference of NAAQS germane to the Arkansas SIP. [FR Doc. 2018–20389 Filed 9–19–18; 8:45 am] VerDate Sep<11>2014 State submittal date The EPA has established a docket for this action under Docket ID No EPA–R06–OAR–2017–0435. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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 either electronically through http:// www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. ADDRESSES: FOR FURTHER INFORMATION CONTACT: * Frm 00023 Fmt 4700 Sfmt 4700 * SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. We selected a November 7, 2018 effective date for this final rule in order for the CFR to reflect this approval and our August 8, 2018 approval of Arkansas Regulation 19 Chapter 2 (83 FR 38964) which has an effective date of November 6, 2018. I. Background The background for this action is discussed in detail in our June 26, 2018 proposal (83 FR 30622). In that document we proposed to approve portions of Arkansas’ State Implementation Plan (SIP) March 24, 2017 submittal, that addresses a CAA requirement that SIPs account for potential interstate transport of air pollution that significantly contributes to nonattainment or interferes with maintenance of the 2012 PM2.5 NAAQS in other states. We proposed to determine that emissions from Arkansas sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. We also proposed to approve updates to that Sherry Fuerst, 214–665–6454, fuerst.sherry@epa.gov. PO 00000 CAA E:\FR\FM\20SER1.SGM 20SER1

Agencies

[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47568-47569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20389]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0061; FRL-9983-83--Region 10]


Air Plan Approval; Washington; Interstate Transport Requirements 
for the 2015 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Clean Air Act (CAA) requires each State Implementation 
Plan (SIP) to contain adequate provisions prohibiting emissions that 
will have certain adverse air quality effects in other states. On 
February 7, 2018, the State of Washington made a submittal to the 
Environmental Protection Agency (EPA) to address these requirements for 
the 2015 ozone National Ambient Air Quality Standards (NAAQS). The EPA 
is approving the submittal as meeting the requirement that each SIP 
contain adequate provisions to prohibit emissions that will 
significantly contribute to nonattainment or interfere with maintenance 
of the 2015 ozone NAAQS in any other state.

DATES: This final rule is effective October 22, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2018-0061. 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 the disclosure of which is restricted by statute. 
Certain other material, such as copyrighted material, is not placed on 
the internet and is publicly available only in hard copy form. Publicly 
available docket materials are available at 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: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.

I. Background Information

    On July 23, 2018, the EPA proposed to approve Washington 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 2015 ozone NAAQS in any other state 
(83 FR 34813). An explanation of the Clean Air Act requirements, a 
detailed analysis of the submittal, 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 
August 22, 2018.

II. Response to Comments

    We received several anonymous comments unrelated to Washington's 
submission. After reviewing the anonymous comments, we have determined 
that the comments are outside the scope of our proposed action and fail 
to identify any material issue necessitating a response. For more 
information, please see our memorandum included in the docket for this 
action.

III. Final Action

    The EPA is approving Washington's February 7, 2018, submittal 
certifying that the SIP is sufficient to meet the interstate transport 
requirements of Clean Air Act section 110(a)(2)(D)(i)(I) for the 2015 
ozone NAAQS.

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 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.);
     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

[[Page 47569]]

this action must be filed in the United States Court of Appeals for the 
appropriate circuit by November 19, 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.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: September 5, 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 WW--Washington

0
2. In Sec.  52.2470, table 2 in paragraph (e) is amended by adding the 
entry for ``Interstate Transport for the 2015 Ozone NAAQS'' immediately 
below the entry for ``Interstate Transport for the 2012 
PM2.5 NAAQS'' to read as follows:


Sec.  52.2470   Identification of plan.

* * * * *
    (e) * * *

                                Table 2--Attainment, Maintenance, and Other Plans
----------------------------------------------------------------------------------------------------------------
                                  Applicable geographic        State
     Name of SIP provision        or nonattainment area   submittal date   EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Interstate Transport for the     Statewide..............        2/7/2018  9/20/2018, [Insert  This action
 2015 Ozone NAAQS.                                                         Federal Register    addresses CAA
                                                                           citation].          110(a)(2)(D)(i)(I
                                                                                               ).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-20389 Filed 9-19-18; 8:45 am]
BILLING CODE 6560-50-P