Air Plan Approval; Maine; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5, 49295-49297 [2018-21149]
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Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations
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(c) National Consolidated Trial
Balances and the Revenue and Expense
Summary on the 24th day of the
following month, except that the reports
for the last month of Quarters 1, 2, and
3 of the fiscal year shall be provided at
the time that the Form 10–Q report is
provided and the report for the last
month of Quarter 4 of the fiscal year
shall be provided at the time that the
Form 10–K report is provided;
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■ 5. Amend § 3050.60 by revising
paragraph (c) to read as follows:
§ 3050.60 Miscellaneous reports and
documents.
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(c) The items listed in paragraph (b)
of this section in electronic form;
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[FR Doc. 2018–21249 Filed 9–28–18; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2018–0567; FRL–9983–14]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances
Correction
In rule document 2018–19950,
appearing on pages 47004 through
47025, in the issue of Monday,
September 17, 2018, make the following
correction:
§ 9.1, §§ 721.11124–11125, §§ 721.11130–
11140 [Corrected]
In the regulatory text for Part 9 and
Part 721, beginning on page 47017,
remove ‘‘14;’’ and where it appears after
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■
[FR Doc. C1–2018–19950 Filed 9–28–18; 8:45 am]
BILLING CODE 1301–00–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
amozie on DSK3GDR082PROD with RULES
[EPA–R01–OAR–2018–0138; FRL–9984–
61—Region 1]
Air Plan Approval; Maine;
Infrastructure State Implementation
Plan Requirements for the 2012 PM2.5
NAAQS
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
16:43 Sep 28, 2018
Jkt 247001
ACTION:
IV. Statutory and Executive Order Reviews
Final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. This
revision addresses the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2012 fine particle (PM2.5)
National Ambient Air Quality Standards
(NAAQS). EPA is conditionally
approving the SIP revision for
infrastructure requirements related to
State Boards and Conflicts of Interest.
The intended effect of this action is to
approve the infrastructure requirements
of Maine’s air quality management
program with respect to this NAAQS
into the Maine SIP. This action is being
taken in accordance with the Clean Air
Act.
DATES: This rule is effective on October
31, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0138. 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 Planning
Unit, U.S. Environmental Protection
Agency, EPA Region 1, 5 Post Office
Square, Suite 100 (Mail code: OEP05–2),
Boston, MA 02109–3912, telephone
number: (617) 918–1684, email:
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
SUMMARY:
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
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Fmt 4700
49295
Sfmt 4700
I. Background and Purpose
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. On July 6, 2016, Maine
submitted an infrastructure SIP revision
for the 2012 PM2.5 NAAQS, including an
enclosure to address the ‘‘Good
Neighbor’’ (or ‘‘transport’’) provisions of
the Act. See CAA section
110(a)(2)(D)(i)(I). On August 13, 2018
(83 FR 39957), EPA published a Notice
of Proposed Rulemaking (NPRM), in
which EPA proposed full approval of all
elements of Maine’s infrastructure SIP
revision for the 2012 PM2.5 NAAQS,
except for requirements regarding State
Boards and Conflicts of Interest, which
we proposed to conditionally approve.
The NPRM includes the rationale for
approval, and EPA will not restate it
here.
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 (SSM) at sources 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; 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). 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.
II. Response to Comments
During the comment period, EPA
received one comment, which discusses
subjects outside the scope of this SIP
action, does not explain (or provide a
legal basis for) how the proposed action
E:\FR\FM\01OCR1.SGM
01OCR1
49296
Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations
should differ in any way, and makes no
specific mention of the proposed action.
As such, the comment is not germane
and does not require further response to
finalize the action as proposed.
III. Final Action
EPA is fully approving Maine’s
infrastructure SIP submission for the
2012 PM2.5 NAAQS as a revision to the
Maine SIP, except with respect to CAA
section 110(a)(2)(E)(ii) regarding State
Boards and Conflicts of Interest, which
we are conditionally approving.
IV. Statutory and Executive Order
Reviews
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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);
VerDate Sep<11>2014
16:43 Sep 28, 2018
Jkt 247001
• 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 November 30,
2018. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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: September 24, 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 U—Maine
2. Amend § 52.1019 by adding
paragraph (f) to read as follows:
■
§ 52.1019 Identification of plan—
conditional approval.
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(f) 2012 PM2.5 NAAQS: The 110(a)(2)
infrastructure SIP submitted on July 6,
2016, is conditionally approved with
respect to Clean Air Act section
110(a)(2)(E) regarding State Boards and
Conflicts of Interest. On July 17, 2018,
the State of Maine committed to address
these requirements.
■ 3. Amend § 52.1020(e) by adding an
entry for ‘‘Submittals to meet Section
110(a)(2) Infrastructure Requirements
for the 2012 PM2.5 NAAQS’’ at the end
of the table to read as follows:
§ 52.1020
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Identification of plan.
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(e) * * *
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Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations
49297
MAINE NON REGULATORY
Name of
non regulatory
SIP provision
Applicable
geographic or
nonattainment
area
*
Submittals to meet Section
110(a)(2) Infrastructure
Requirements for the
2012 PM2.5 NAAQS.
*
Statewide ..........
State submittal
date/effective
date
*
7/6/2016
EPA
approved
date 3
Explanations
*
10/1/2018,
[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)(i), (F), (G), (H), (J), (K), (L),
and (M), and conditionally approved with respect to (E)(ii) regarding State
Boards and Conflicts of Interest.
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. 2018–21149 Filed 9–28–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0166; FRL–9984–
17—Region 1]
Air Plan Approval; Connecticut; Plan
Submittals for the 2008 Ozone National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Connecticut.
The SIP revisions are for the Greater
Connecticut and the Connecticut
portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT moderate
ozone nonattainment areas. EPA is
approving submittals which include
2011 base year emissions inventories, an
emissions statement certification,
reasonable further progress (RFP)
demonstrations, reasonably available
control measures (RACM) analyses,
motor vehicle emissions budgets, and
contingency measures. This action is
being taken in accordance with the
Clean Air Act (CAA).
DATES: This rule is effective on October
31, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2016–0168. 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
amozie on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:43 Sep 28, 2018
Jkt 247001
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: Bob
McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs
Branch (Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109–
3912; (617) 918–1046;
mcconnell.robert@epa.gov.
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 August 3, 2018 (83 FR 38104),
EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of
Connecticut. The NPRM proposed
approval of 2011 base year emissions
inventories, an emissions statement
certification, reasonable further progress
(RFP) demonstrations, reasonably
available control measures (RACM)
analyses, motor vehicle emissions
budgets, and contingency measures for
the Greater Connecticut and the
Connecticut portion of the New YorkNorthern New Jersey-Long Island, NYNJ-CT moderate ozone nonattainment
areas. These submittals were made to
meet, in part, requirements for moderate
areas for the 2008 ozone national
ambient air quality standard (NAAQS).
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Fmt 4700
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Other specific requirements of
Connecticut’s SIP revisions for the 2008
ozone NAAQS and the rationale for
EPA’s proposed action are explained in
the NPRM and will not be restated here.
II. Response to Comments
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 substantive aspects of
the proposed action. Consequently,
these comments are not germane to this
rulemaking and require no further
response.
III. Final Action
EPA is approving revisions to the
Connecticut SIP for the Greater
Connecticut and the Connecticut
portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT moderate
ozone nonattainment areas. EPA is
approving submittals which include
2011 base year emissions inventories, an
emissions statement certification,
reasonable further progress (RFP)
demonstrations, reasonably available
control measures (RACM) analyses,
motor vehicle emissions budgets, and
contingency measures.
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
E:\FR\FM\01OCR1.SGM
01OCR1
]]>Agencies
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Rules and Regulations]
[Pages 49295-49297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21149]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0138; FRL-9984-61--Region 1]
Air Plan Approval; Maine; 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 Maine.
This revision addresses the infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2012 fine particle (PM2.5)
National Ambient Air Quality Standards (NAAQS). EPA is conditionally
approving the SIP revision for infrastructure requirements related to
State Boards and Conflicts of Interest. The intended effect of this
action is to approve the infrastructure requirements of Maine's air
quality management program with respect to this NAAQS into the Maine
SIP. This action is being taken in accordance with the Clean Air Act.
DATES: This rule is effective on October 31, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2018-0138. 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 Planning
Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square, Suite 100 (Mail code: OEP05-2), Boston, MA 02109-3912,
telephone number: (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
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. On July 6, 2016, Maine submitted an
infrastructure SIP revision for the 2012 PM2.5 NAAQS,
including an enclosure to address the ``Good Neighbor'' (or
``transport'') provisions of the Act. See CAA section
110(a)(2)(D)(i)(I). On August 13, 2018 (83 FR 39957), EPA published a
Notice of Proposed Rulemaking (NPRM), in which EPA proposed full
approval of all elements of Maine's infrastructure SIP revision for the
2012 PM2.5 NAAQS, except for requirements regarding State
Boards and Conflicts of Interest, which we proposed to conditionally
approve. The NPRM includes the rationale for approval, and EPA will not
restate it here.
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 (SSM) at sources 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;
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). 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.
II. Response to Comments
During the comment period, EPA received one comment, which
discusses subjects outside the scope of this SIP action, does not
explain (or provide a legal basis for) how the proposed action
[[Page 49296]]
should differ in any way, and makes no specific mention of the proposed
action. As such, the comment is not germane and does not require
further response to finalize the action as proposed.
III. Final Action
EPA is fully approving Maine's infrastructure SIP submission for
the 2012 PM2.5 NAAQS as a revision to the Maine SIP, except
with respect to CAA section 110(a)(2)(E)(ii) regarding State Boards and
Conflicts of Interest, which we are conditionally approving.
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 November 30, 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: September 24, 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 U--Maine
0
2. Amend Sec. 52.1019 by adding paragraph (f) to read as follows:
Sec. 52.1019 Identification of plan--conditional approval.
* * * * *
(f) 2012 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on July 6, 2016, is conditionally approved with respect to
Clean Air Act section 110(a)(2)(E) regarding State Boards and Conflicts
of Interest. On July 17, 2018, the State of Maine committed to address
these requirements.
0
3. Amend Sec. 52.1020(e) by adding an entry for ``Submittals to meet
Section 110(a)(2) Infrastructure Requirements for the 2012
PM2.5 NAAQS'' at the end of the table to read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(e) * * *
[[Page 49297]]
Maine Non Regulatory
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State submittal
Name of non regulatory SIP provision Applicable geographic or date/effective EPA approved date \3\ Explanations
nonattainment area date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Submittals to meet Section 110(a)(2) Statewide.................. 7/6/2016 10/1/2018, [Insert These submittals are approved with
Infrastructure Requirements for the Federal Register respect to the following CAA elements
2012 PM2.5 NAAQS. citation]. or portions thereof: 110(a)(2) (A),
(B), (C), (D), (E)(i), (F), (G), (H),
(J), (K), (L), and (M), and
conditionally approved with respect to
(E)(ii) regarding State Boards and
Conflicts of Interest.
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\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. 2018-21149 Filed 9-28-18; 8:45 am]
BILLING CODE 6560-50-P
