Air Plan Approval; Washington; Interstate Transport Requirements for the 2015 Ozone NAAQS, 47568-47569 [2018-20389]
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<![CDATA[
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 https://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 https://
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
