Air Plan Approval; Oklahoma; Interstate Transport Requirements for the 1997 Ozone National Ambient Air Quality Standards, 57701-57704 [2018-24873]
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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Proposed Rules
(5) Negative information.
(m) Nationwide consumer reporting
agency has the meaning provided in 15
U.S.C. 1681a(p).
(n) Negative information has the
meaning provided in 15 U.S.C. 1681s–
2(a)(7)(G)(i).
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§ 609.3 Requirement to provide free
electronic credit monitoring service.
(a) General requirements. Nationwide
consumer reporting agencies must
provide a free electronic credit
monitoring service to active duty
military consumers.
(b) Determining whether a consumer
must receive electronic credit
monitoring service. Nationwide
consumer reporting agencies may
condition provision of the service
required under paragraph (a) of this
section upon the consumer providing:
(1) Appropriate proof of identity,
(2) Contact information, and
(3) Appropriate proof that the
consumer is an active duty military
consumer.
(c) Appropriate proof of active duty
military status. A consumer’s status as
an active duty military consumer can be
verified through:
(1) A copy of the consumer’s active
duty orders;
(2) A copy of a certification of active
duty status issued by the Department of
Defense;
(3) A method or service approved by
the Department of Defense; or
(4) A certification of active duty status
approved by the nationwide consumer
reporting agency.
(d) Information use and disclosure.
Any information collected from
consumers as a result of a request to
obtain the service required under
paragraph (a) of this section, may be
used or disclosed by the nationwide
consumer reporting agency only:
(1) To provide the free electronic
credit monitoring service requested by
the consumer;
(2) To process a transaction requested
by the consumer at the same time as a
request for the free electronic credit
monitoring service;
(3) To comply with applicable legal
requirements; or
(4) To update information already
maintained by the nationwide consumer
reporting agency for the purpose of
providing consumer reports, provided
that the nationwide consumer reporting
agency uses and discloses the updated
information subject to the same
restrictions that would apply, under any
applicable provision of law or
regulation, to the information updated
or replaced.
(e) Communications surrounding
enrollment in electronic credit
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monitoring service. (1) Once a consumer
has indicated that the consumer is
interested in obtaining the service
required under paragraph (a) of this
section, such as by clicking on a link for
services provided to active duty military
consumers, any advertising or marketing
for products or services, or any
communications or instructions that
advertise or market any products and
services, must be delayed until after the
consumer has enrolled in that service.
(2) Any communications,
instructions, or permitted advertising or
marketing shall not interfere with,
detract from, contradict, or otherwise
undermine the purpose of providing a
free electronic credit monitoring service
to active duty military consumers that
notifies them of any material additions
or modifications to their files.
(3) Examples of interfering, detracting,
inconsistent, and/or undermining
communications include:
(i) Materials that represent, expressly
or by implication, that an active duty
military consumer must purchase a paid
product or service in order to receive
the service required under paragraph (a)
of this section; or
(ii) Materials that falsely represent,
expressly or by implication, that a
product or service offered ancillary to
receipt of the free electronic credit
monitoring service, such as identity
theft insurance, is free, or that fail to
clearly and prominently disclose that
consumers must cancel a service,
advertised as free for an initial period of
time, to avoid being charged, if such is
the case.
(f) Other prohibited practices. A
nationwide consumer reporting agency
shall not ask or require an active duty
military consumer to agree to terms or
conditions in connection with obtaining
a free electronic credit monitoring
service.
§ 609.4 Timing of electronic credit
monitoring notices.
The notice required in section
609.3(a) must be provided within 24
hours of any material additions or
modifications to a consumer’s file.
§ 609.5 Additional information to be
included in electronic credit monitoring
notices.
The notice required in section
609.3(a) shall include a hyperlink to a
summary of the consumer’s rights under
the Fair Credit Reporting Act, as
prescribed by the Bureau of Consumer
Financial Protection under 15 U.S.C.
1681g(c).
§ 609.6
Severability.
The provisions of this part are
separate and severable from one
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57701
another. If any provision is stayed, or
determined to be invalid, it is the
Commission’s intention that the
remaining provisions shall continue in
effect.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018–24940 Filed 11–15–18; 8:45 am]
BILLING CODE 6750–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0314; FRL–9985–97–
Region 6]
Air Plan Approval; Oklahoma;
Interstate Transport Requirements for
the 1997 Ozone National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule, withdrawal of
proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve a portion of an
Oklahoma State Implementation Plan
(SIP) submittal that pertains to the good
neighbor provision requirements of the
CAA with respect to interstate transport
of air pollution which will interfere
with maintenance of the 1997 ozone
National Ambient Air Quality Standards
(NAAQS). The good neighbor provision
requires, in part, that each state, in its
SIP, prohibit emissions that will
interfere with maintenance of a new or
revised NAAQS in another state. In this
action, EPA is proposing to approve the
Oklahoma SIP submittal as having met
the interfere with maintenance
requirement of the good neighbor
provision for the 1997 ozone NAAQS in
accordance with section 110 of the
CAA. EPA is also withdrawing its
October 17, 2011 proposed rule to
disapprove this portion of Oklahoma
SIP submittal.
DATES: Written comments must be
received on or before December 17,
2018.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2007–0314, at https://
www.regulations.gov or via email to
young.carl@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
SUMMARY:
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submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Carl Young, 214–665–6645,
young.carl@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Carl
Young, 214–665–6645, young.carl@
epa.gov. To inspect the hard copy
materials, please schedule an
appointment with Mr. Young or Mr. Bill
Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
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A. The 1997 8-Hour Ozone NAAQS and
Interstate Transport of Air Pollution
Under section 109 of the CAA, we are
required to establish NAAQS that are
protective of human health (primary
NAAQS) and public welfare (secondary
NAAQS). In 1997, we established new
primary and secondary 8-hour ozone
NAAQS of 0.08 parts per million (July
18, 1997, 62 FR 38856).1 Ground level
ozone is formed when nitrogen oxides
(NOX) and volatile organic compounds
(VOCs) react in the presence of sunlight.
1 In 2008, we revised the primary and secondary
8-hour ozone NAAQS to 0.075 ppm (73 FR 16436,
March 27, 2008) and in 2015 we revised the
primary and secondary 8-hour ozone NAAQS to
0.070 ppm (80 FR 65292, October 26, 2015). This
proposal pertains to the 1997 8-hour ozone NAAQS
only.
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Section 110(a)(1) of the CAA requires
states to submit, within three years after
promulgation of a new or revised
standard, SIPs meeting the applicable
‘‘infrastructure’’ elements of sections
110(a)(2). One of these applicable
infrastructure elements, CAA section
110(a)(2)(D)(i), requires SIPs to contain
‘‘good neighbor’’ provisions to prohibit
certain adverse air quality effects on
neighboring states due to interstate
transport of pollution. There are four
sub-elements within CAA section
110(a)(2)(D)(i). The first two subelements are to prohibit emissions to
any other state which would (1)
significantly contribute to
nonattainment or (2) interfere with
maintenance of the new or revised
NAAQS. The State of Oklahoma
provided a May 1, 2007 SIP submittal to
address these two sub-elements. The
portion of the submittal addressing subelement 1 (prohibit significant
contribution to nonattainment in other
states) was approved on December 29,
2011 (76 FR 81838). This action
addresses the second sub-element of
that submittal (prohibit interference
with maintenance in other states).
The EPA has addressed the interstate
transport requirements of CAA section
110(a)(2)(D)(i)(I) with respect to the
1997 8-hour ozone NAAQS in several
past regulatory actions. Most relevant to
this action, EPA promulgated the Clean
Air Interstate Rule (CAIR) in 2005 to
address the requirements of the good
neighbor provision for the 1997 (fine
particulate) (PM2.5) and 1997 ozone
NAAQS (70 FR 25162, May 12, 2005).
In the CAIR rulemaking, we did not
analyze the contributions to downwind
ozone nonattainment for Oklahoma and
5 other states along the western border
of the CAIR modeling domain (70 FR
25162, 25246). CAIR was remanded to
the EPA by the D.C. Circuit in North
Carolina v. EPA, 531 F.3d 896 (D.C. Cir.
2008), modified on reh’g, 550 F.3d 1176.
The court determined that CAIR was
‘‘fundamentally flawed’’ and ordered
EPA to ‘‘redo its analysis from the
ground up.’’ 531 F.3d at 929.
In 2011, we promulgated the CrossState Air Pollution Rule (CSAPR) to
address the remand of CAIR.2 CSAPR
addressed the state and federal
obligations under CAA section
110(a)(2)(D)(i)(I) to prohibit air pollution
2 Federal
Implementation Plans; Interstate
Transport of Fine Particulate Matter and Ozone and
Correction of SIP Approvals, 76 FR 48208 (August
8, 2011); and Federal Implementation Plans for
Iowa, Michigan, Missouri, Oklahoma, and
Wisconsin and Determination for Kansas Regarding
Interstate Transport of Ozone, 76 FR 80760
(December 27, 2011) (codified as amended at 40
CFR 52.38 and 52.39 and 40 CFR part 97).
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contributing significantly to
nonattainment in, or interfering with
maintenance by, any other state with
regard to the 1997 8-hour ozone NAAQS
and the 1997 annual PM2.5 NAAQS, as
well as the 2006 24-hour PM2.5 NAAQS.
To address the transport obligation
under CAA section 110(a)(2)(D)(i)(I)
with regard to the 1997 8-hour ozone
NAAQS, CSAPR established Federal
Implementation Plan (FIP) requirements
for affected electric generating units
(EGUs) in 20 states.3 The air quality
modeling conducted for CSAPR
projected that emissions from Oklahoma
would impact a receptor (or monitor)
located in Allegan County, Michigan
(monitor ID 260050003), which would
have difficulty maintaining the 1997
8-hour ozone NAAQS (76 FR 48208,
48213, August 8, 2011). Thus, we issued
a CSAPR supplemental rule that
promulgated similar FIP requirements
for Oklahoma and four other states (76
FR 80760, December 27, 2011).
The CSAPR set emissions budgets
which were to be implemented in two
phases, with phase 1 to be implemented
beginning with the 2012 ozone season
and phase 2 to be implemented
beginning with the 2014 ozone season.
However, the CSAPR budgets were
stayed by the D.C. Circuit in December
2011 pending further litigation. The
D.C. Circuit issued a decision in EME
Homer City Generation, L.P. v. EPA, 696
F.3d 7 (D.C. Cir. 2012) (EME Homer City
I), vacating CSAPR, but in April 2014,
the Supreme Court issued an opinion
reversing the D.C. Circuit and
remanding the case for further
proceedings. EPA v. EME Homer City
Generation, L.P., 134 S. Ct. 1584, 1600–
01 (2014). After the Supreme Court
issued its decision, the D.C. Circuit
granted our motion to lift the stay and
toll the compliance timeframes by three
years.4 Thus, phase 1 of CSAPR was
implemented beginning in 2015 and
phase 2 was set to be implemented
beginning in 2017(81 FR 13275).
On July 28, 2015, the D.C. Circuit
issued its opinion on CSAPR regarding
the remaining legal issues raised by the
petitioners on remand from the
Supreme Court, EME Homer City
Generation, L.P. v. EPA, 795 F.3d 118
(EME Homer City II). This decision
largely upheld our approach to
3 Including an emissions budget that applied to
the EGUs’ collective ozone-season emissions of
NOX.
4 See Respondents’ Motion to Lift the Stay
Entered on December 30, 2011, Document
#1499505, EME Homer City Generation, L.P. v. EPA,
No. 11–1302 (D.C. Cir. filed June 26, 2014); Order,
Document #1518738, EME Homer City Generation,
L.P. v. EPA, No. 11–1302 (D.C. Cir. issued Oct. 23,
2014).
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addressing interstate transport in
CSAPR, leaving the rule in place and
affirming the EPA’s interpretation of
various statutory provisions and the
EPA’s technical decisions. The decision
also remanded CSAPR without vacatur
for reconsideration of the EPA’s
emission budgets for certain states.5 The
court declared the CSAPR phase 2
ozone season emission budgets of 11
states invalid, holding that those
budgets over-control with respect to the
downwind air quality problems to
which those states were ‘‘linked’’ for the
1997 ozone NAAQS, id. at 129–30, 138.6
For 10 of these states, the court found
the budgets were invalid because
modeling conducted as part of the
CSAPR rulemaking showed that
downwind air quality problems to
which the states were linked in 2012
would be resolved in 2014, id. We
addressed the remand of the ozoneseason emissions budgets in the CSAPR
Update.7 In doing so, EPA relieved all
11 states of the obligation to comply
with the remanded phase 2 ozone
season emission budgets, which would
have gone into effect in 2017, 40 CFR
52.38(b)(2)(ii).
Various petitioners also filed legal
challenges in the D.C. Circuit to the
2011 supplemental rule that
promulgated a FIP for four states
including Oklahoma.8 Considering the
court’s decision in EME Homer City II,
we examined the record supporting this
supplemental rule and determined that,
like the 10 states with remanded
budgets, our modeling demonstrated
that air quality problems at the
downwind air quality problems to
which four of the states added to CSAPR
in the supplemental rule, including
Oklahoma, were linked in 2012 would
resolve by 2014 without further
transport regulation (81 FR 74525).
Accordingly, we removed the FIP
requirements associated with the 1997
ozone NAAQS and sources in each of
the four states are no longer subject to
the phase 2 ozone season budget
5 The Oklahoma emission budgets were not part
of this court case and were not addressed in the
ruling.
6 States are considered ‘‘linked’’ to a downwind
air quality problem when their emissions contribute
more than a threshold amount of ozone pollution
to a receptor (monitor) projected to have problems
attaining or maintaining the ozone NAAQS in a
future year.
7 Promulgated in 2016 to address the
requirements of the good neighbor provision for the
2008 ozone NAAQS. CSAPR Update Rule for the
2008 ozone NAAQS, 81 FR 74504, October 26,
2016.
8 See Public Service Company of Oklahoma v.
EPA, No. 12–1023 (D.C. Cir., filed Jan. 13, 2012), the
case was held in abeyance during the pendency of
the litigation in EME Homer City and as of the time
of this rule making is still held in abeyance.
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calculated to address that standard. 40
CFR 52.38(b)(2)(ii) (relieving sources in
these four states, including Oklahoma,
of the obligation to comply with the
CSAPR phase 2 ozone season emission
budgets after 2016).9
B. Oklahoma SIP Submittal Pertaining
to the 1997 8-Hour Ozone NAAQS and
Interstate Transport of Air Pollution
As noted above, relevant to this
proposed action, Oklahoma made a May
1, 2007 SIP submittal to address CAA
requirements to prohibit emissions
which will significantly contribute to
nonattainment or interfere with
maintenance of the 1997 ozone NAAQS
in other states. Oklahoma provided
additional information pertaining to the
requirements in a supplemental
December 5, 2007 letter. The submittals
document the State’s assessments that
Oklahoma emissions will not contribute
significantly to nonattainment or
interfere with maintenance of the 1997
ozone NAAQS in other states.
Consistent with EPA guidance at the
time and EPA’s approach in the Clean
Air Interstate Rule (CAIR), the State’s
May 1, 2007 submittal focused primarily
on whether emissions from Oklahoma
sources significantly contribute to
nonattainment of the 1997 ozone
NAAQS in other states.10 The State did
not evaluate whether Oklahoma
emissions interfere with maintenance of
these NAAQS in other states separately
from significant contribution to
nonattainment in other states. Like our
CAIR approach, the SIP submittal
presumed that if Oklahoma sources
were not significantly contributing to
violations of the NAAQS in other states,
then no further specific evaluation was
necessary for purposes of the interfere
with maintenance sub-element of
section 110(a)(2)(D). However, CAIR
was remanded to EPA, in part because
the court found that EPA had not
correctly addressed whether emissions
from sources in a state interfere with
maintenance of the standards in other
states. See North Carolina, 531 F.3d at
910–11. Therefore, we evaluated the
May 1, 2007, Oklahoma submittal in
light of the decision of the court.
9 We note that, because Oklahoma was linked to
downwind air quality problems with respect to the
2008 ozone NAAQS in its analysis, we promulgated
a new ozone season NOX emission budget to
address that standard at 40 CFR 97.810(a).
10 On August 15, 2006, we issued our ‘‘Guidance
for State Implementation Plan (SIP) Submissions to
Meet Current Outstanding Obligations Under
Section 110(a)(2)(D)(i) for the 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards’’.
The document is available in the regulations.gov
docket at: https://www.regulations.gov/
document?D=EPA-R06-OAR-2007-0314-0030.
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57703
Because EPA’s 2011 CSAPR modeling
projected that Oklahoma would be
linked to a downwind maintenance
receptor with respect to the 1997 ozone
NAAQS, but not to a nonattainment
receptor, EPA proposed to approve the
portion of the SIP submittal asserting
that Oklahoma emissions do not
contribute significantly to
nonattainment of the 1997 8-hour ozone
NAAQS in other states (76 FR 64065,
October 17, 2011).11 EPA finalized
approval of this portion of the SIP
submittal on December 29, 2011 (76 FR
81838).
Because EPA’s CSAPR modeling
projected that Oklahoma would be
linked to a downwind maintenance
receptor with respect to the 1997 ozone
NAAQS, we proposed to disapprove, or
in the alternative, approve, the portion
of the May 7, 2007 SIP submittal
asserting that Oklahoma does not
interfere with maintenance of the 1997
8-hour ozone NAAQS in other states (76
FR 64065, October 17, 2011). We
proposed to finalize our approval or
disapproval action based on the final
action for Oklahoma in the thenproposed supplemental CSAPR rule.12
We are now withdrawing the October
17, 2011 proposal with respect to the
‘‘interfere with maintenance’’ clause of
the good neighbor provision and instead
proposing to approve this portion of the
SIP submittal based on the rationale
described below.
II. The EPA’s Evaluation
More recent information provides
support for our proposed approval of
the conclusion in the SIP submittals that
the State will not interfere with
maintenance of the 1997 ozone NAAQS
in any other state. As discussed above,
air quality modeling conducted for the
2011 CSAPR rulemaking projected that
emissions from Oklahoma would be
linked to a maintenance receptor in
Allegan County, Michigan, in 2012. In
CSAPR, we used air quality projections
for the year 2012, which was also the
intended start year for implementation
of the CSAPR Phase 1 EGU emission
budgets, to identify receptors projected
to have air quality problems. The
CSAPR final rule record also contained
air quality projections for 2014, which
was the intended start year for
11 A maintenance receptor is a monitor projected
to have difficulty maintaining the ozone NAAQS
while a nonattainment is a monitor projected to
have trouble attaining and maintaining the ozone
NAAQS. Oklahoma was linked to an Allegan,
Michigan maintenance receptor as discussed above.
12 The supplemental CSAPR rule was proposed
on July 11, 2011 (76 FR 40662) and finalized on
December 27, 2011 76 FR 80760). It added EGUs in
Oklahoma, Iowa, Kansas, Michigan, Missouri, and
Wisconsin to CSAPR.
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implementation of the CSAPR Phase 2
EGU emission budgets. The 2014
modeling results projected that the
Allegan County receptor would have a
maximum 8-hour ozone ‘‘design value’’
of 83.6 part per billion (ppb) before
considering the emissions reductions
anticipated from implementation of
CSAPR.13 This value is below the value
of 85 ppb that we used to determine
whether a particular ozone receptor
should be identified as having air
quality problems that may trigger
transport obligations in upwind states
with regard to the 1997 ozone NAAQS
(76 FR 48208, 48236). The 2014
modeling results show that the Allegan
County, Michigan monitor to which
Oklahoma was linked in the 2012
modeling was projected to no longer
have air quality problems sufficient to
trigger transport obligations with regard
to the 1997 8-hour ozone NAAQS. Thus,
Oklahoma would no longer interfere
with maintenance of the 1997 ozone
NAAQS at the Allegan County receptor
in 2014.
As discussed above, in light of the
remand of 10 other states’ CSAPR phase
2 ozone season budgets by the D.C.
Circuit in EME Homer City II, we also
evaluated the validity of the emissions
budget promulgated for Oklahoma in
the supplemental CSAPR rule, and
determined that Oklahoma’s emissions
would no longer contribute significantly
to nonattainment in, or interfere with
maintenance by, any other state with
respect to the 1997 ozone NAAQS at
either receptor or in any other state. (81
FR 74524–25). This conclusion is based
on EPA’s most recent modeling analysis.
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III. Proposed Action
We are proposing to approve the
portion of a May 1, 2007 Oklahoma SIP
submittal pertaining to the interfere
with maintenance requirement of CAA
section 110(a)(2)(D)(i)(I) with respect to
the 1997 ozone NAAQS. We propose to
find that the state’s conclusion that
Oklahoma emissions do not interfere
with maintenance of the 1997 ozone
NAAQS in another state is consistent
with our conclusion regarding this good
neighbor obligation.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
13 Design values are used to determine whether a
NAAQS is being met. See projected 2014 base case
maximum design value for Allegan County,
Michigan receptor 26005003 at page B–16 of the
June 2011 Air Quality Modeling Final Rule
Technical Support Document for CSAPR, Document
ID No. EPA–HQ–OAR–2009–0491–4140, available
in regulations.gov.
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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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve 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 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
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 proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
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specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 7, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–24873 Filed 11–15–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0153; FRL–9986–62–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Amendment to Control of
Emissions of Volatile Organic
Compounds From Consumer Products
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
The Environmental Protection
Agency (EPA) is reopening the comment
period for the proposed approval to a
state implementation plan (SIP) revision
submitted by the State of Maryland
pertaining to the Code of Maryland
Regulations (COMAR) 26.11.32—
Control of Emissions of Volatile Organic
Compounds (VOCs) from Consumer
Products. The proposed rule was
published in the Federal Register on
August 8, 2018 (83 FR 39009). Written
comments on the proposed rule were to
be submitted to EPA on or before
September 7, 2018. The purpose of this
document is to reopen the comment
period for an additional 30 days. This
extension of the comment period is
provided to allow the public additional
time to provide comment on the August
8, 2018 proposed rule. All comments
submitted between the close of the
original comment period and the
reopening of this comment period will
be accepted and considered.
DATES: Written comments must be
received on or before December 17,
2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2018–0153 at https://
www.regulations.gov, or via email to
Susan Spielberger, Associate Director,
Office of Air Planning and Programs,
Spielberger.Susan@epa.gov. For
SUMMARY:
E:\FR\FM\16NOP1.SGM
16NOP1
Agencies
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Proposed Rules]
[Pages 57701-57704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24873]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-0314; FRL-9985-97-Region 6]
Air Plan Approval; Oklahoma; Interstate Transport Requirements
for the 1997 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule, withdrawal of proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve a portion
of an Oklahoma State Implementation Plan (SIP) submittal that pertains
to the good neighbor provision requirements of the CAA with respect to
interstate transport of air pollution which will interfere with
maintenance of the 1997 ozone National Ambient Air Quality Standards
(NAAQS). The good neighbor provision requires, in part, that each
state, in its SIP, prohibit emissions that will interfere with
maintenance of a new or revised NAAQS in another state. In this action,
EPA is proposing to approve the Oklahoma SIP submittal as having met
the interfere with maintenance requirement of the good neighbor
provision for the 1997 ozone NAAQS in accordance with section 110 of
the CAA. EPA is also withdrawing its October 17, 2011 proposed rule to
disapprove this portion of Oklahoma SIP submittal.
DATES: Written comments must be received on or before December 17,
2018.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0314, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not
[[Page 57702]]
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, please contact Carl Young, 214-665-6645, [email protected].
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Carl Young, 214-665-6645,
[email protected]. To inspect the hard copy materials, please schedule
an appointment with Mr. Young or Mr. Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
A. The 1997 8-Hour Ozone NAAQS and Interstate Transport of Air
Pollution
Under section 109 of the CAA, we are required to establish NAAQS
that are protective of human health (primary NAAQS) and public welfare
(secondary NAAQS). In 1997, we established new primary and secondary 8-
hour ozone NAAQS of 0.08 parts per million (July 18, 1997, 62 FR
38856).\1\ Ground level ozone is formed when nitrogen oxides
(NOX) and volatile organic compounds (VOCs) react in the
presence of sunlight.
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\1\ In 2008, we revised the primary and secondary 8-hour ozone
NAAQS to 0.075 ppm (73 FR 16436, March 27, 2008) and in 2015 we
revised the primary and secondary 8-hour ozone NAAQS to 0.070 ppm
(80 FR 65292, October 26, 2015). This proposal pertains to the 1997
8-hour ozone NAAQS only.
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Section 110(a)(1) of the CAA requires states to submit, within
three years after promulgation of a new or revised standard, SIPs
meeting the applicable ``infrastructure'' elements of sections
110(a)(2). One of these applicable infrastructure elements, CAA section
110(a)(2)(D)(i), requires SIPs to contain ``good neighbor'' provisions
to prohibit certain adverse air quality effects on neighboring states
due to interstate transport of pollution. There are four sub-elements
within CAA section 110(a)(2)(D)(i). The first two sub-elements are to
prohibit emissions to any other state which would (1) significantly
contribute to nonattainment or (2) interfere with maintenance of the
new or revised NAAQS. The State of Oklahoma provided a May 1, 2007 SIP
submittal to address these two sub-elements. The portion of the
submittal addressing sub-element 1 (prohibit significant contribution
to nonattainment in other states) was approved on December 29, 2011 (76
FR 81838). This action addresses the second sub-element of that
submittal (prohibit interference with maintenance in other states).
The EPA has addressed the interstate transport requirements of CAA
section 110(a)(2)(D)(i)(I) with respect to the 1997 8-hour ozone NAAQS
in several past regulatory actions. Most relevant to this action, EPA
promulgated the Clean Air Interstate Rule (CAIR) in 2005 to address the
requirements of the good neighbor provision for the 1997 (fine
particulate) (PM2.5) and 1997 ozone NAAQS (70 FR 25162, May
12, 2005). In the CAIR rulemaking, we did not analyze the contributions
to downwind ozone nonattainment for Oklahoma and 5 other states along
the western border of the CAIR modeling domain (70 FR 25162, 25246).
CAIR was remanded to the EPA by the D.C. Circuit in North Carolina v.
EPA, 531 F.3d 896 (D.C. Cir. 2008), modified on reh'g, 550 F.3d 1176.
The court determined that CAIR was ``fundamentally flawed'' and ordered
EPA to ``redo its analysis from the ground up.'' 531 F.3d at 929.
In 2011, we promulgated the Cross-State Air Pollution Rule (CSAPR)
to address the remand of CAIR.\2\ CSAPR addressed the state and federal
obligations under CAA section 110(a)(2)(D)(i)(I) to prohibit air
pollution contributing significantly to nonattainment in, or
interfering with maintenance by, any other state with regard to the
1997 8-hour ozone NAAQS and the 1997 annual PM2.5 NAAQS, as
well as the 2006 24-hour PM2.5 NAAQS. To address the
transport obligation under CAA section 110(a)(2)(D)(i)(I) with regard
to the 1997 8-hour ozone NAAQS, CSAPR established Federal
Implementation Plan (FIP) requirements for affected electric generating
units (EGUs) in 20 states.\3\ The air quality modeling conducted for
CSAPR projected that emissions from Oklahoma would impact a receptor
(or monitor) located in Allegan County, Michigan (monitor ID
260050003), which would have difficulty maintaining the 1997 8-hour
ozone NAAQS (76 FR 48208, 48213, August 8, 2011). Thus, we issued a
CSAPR supplemental rule that promulgated similar FIP requirements for
Oklahoma and four other states (76 FR 80760, December 27, 2011).
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\2\ Federal Implementation Plans; Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011); and Federal Implementation Plans for Iowa,
Michigan, Missouri, Oklahoma, and Wisconsin and Determination for
Kansas Regarding Interstate Transport of Ozone, 76 FR 80760
(December 27, 2011) (codified as amended at 40 CFR 52.38 and 52.39
and 40 CFR part 97).
\3\ Including an emissions budget that applied to the EGUs'
collective ozone-season emissions of NOX.
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The CSAPR set emissions budgets which were to be implemented in two
phases, with phase 1 to be implemented beginning with the 2012 ozone
season and phase 2 to be implemented beginning with the 2014 ozone
season. However, the CSAPR budgets were stayed by the D.C. Circuit in
December 2011 pending further litigation. The D.C. Circuit issued a
decision in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C.
Cir. 2012) (EME Homer City I), vacating CSAPR, but in April 2014, the
Supreme Court issued an opinion reversing the D.C. Circuit and
remanding the case for further proceedings. EPA v. EME Homer City
Generation, L.P., 134 S. Ct. 1584, 1600-01 (2014). After the Supreme
Court issued its decision, the D.C. Circuit granted our motion to lift
the stay and toll the compliance timeframes by three years.\4\ Thus,
phase 1 of CSAPR was implemented beginning in 2015 and phase 2 was set
to be implemented beginning in 2017(81 FR 13275).
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\4\ See Respondents' Motion to Lift the Stay Entered on December
30, 2011, Document #1499505, EME Homer City Generation, L.P. v. EPA,
No. 11-1302 (D.C. Cir. filed June 26, 2014); Order, Document
#1518738, EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C.
Cir. issued Oct. 23, 2014).
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On July 28, 2015, the D.C. Circuit issued its opinion on CSAPR
regarding the remaining legal issues raised by the petitioners on
remand from the Supreme Court, EME Homer City Generation, L.P. v. EPA,
795 F.3d 118 (EME Homer City II). This decision largely upheld our
approach to
[[Page 57703]]
addressing interstate transport in CSAPR, leaving the rule in place and
affirming the EPA's interpretation of various statutory provisions and
the EPA's technical decisions. The decision also remanded CSAPR without
vacatur for reconsideration of the EPA's emission budgets for certain
states.\5\ The court declared the CSAPR phase 2 ozone season emission
budgets of 11 states invalid, holding that those budgets over-control
with respect to the downwind air quality problems to which those states
were ``linked'' for the 1997 ozone NAAQS, id. at 129-30, 138.\6\ For 10
of these states, the court found the budgets were invalid because
modeling conducted as part of the CSAPR rulemaking showed that downwind
air quality problems to which the states were linked in 2012 would be
resolved in 2014, id. We addressed the remand of the ozone-season
emissions budgets in the CSAPR Update.\7\ In doing so, EPA relieved all
11 states of the obligation to comply with the remanded phase 2 ozone
season emission budgets, which would have gone into effect in 2017, 40
CFR 52.38(b)(2)(ii).
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\5\ The Oklahoma emission budgets were not part of this court
case and were not addressed in the ruling.
\6\ States are considered ``linked'' to a downwind air quality
problem when their emissions contribute more than a threshold amount
of ozone pollution to a receptor (monitor) projected to have
problems attaining or maintaining the ozone NAAQS in a future year.
\7\ Promulgated in 2016 to address the requirements of the good
neighbor provision for the 2008 ozone NAAQS. CSAPR Update Rule for
the 2008 ozone NAAQS, 81 FR 74504, October 26, 2016.
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Various petitioners also filed legal challenges in the D.C. Circuit
to the 2011 supplemental rule that promulgated a FIP for four states
including Oklahoma.\8\ Considering the court's decision in EME Homer
City II, we examined the record supporting this supplemental rule and
determined that, like the 10 states with remanded budgets, our modeling
demonstrated that air quality problems at the downwind air quality
problems to which four of the states added to CSAPR in the supplemental
rule, including Oklahoma, were linked in 2012 would resolve by 2014
without further transport regulation (81 FR 74525). Accordingly, we
removed the FIP requirements associated with the 1997 ozone NAAQS and
sources in each of the four states are no longer subject to the phase 2
ozone season budget calculated to address that standard. 40 CFR
52.38(b)(2)(ii) (relieving sources in these four states, including
Oklahoma, of the obligation to comply with the CSAPR phase 2 ozone
season emission budgets after 2016).\9\
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\8\ See Public Service Company of Oklahoma v. EPA, No. 12-1023
(D.C. Cir., filed Jan. 13, 2012), the case was held in abeyance
during the pendency of the litigation in EME Homer City and as of
the time of this rule making is still held in abeyance.
\9\ We note that, because Oklahoma was linked to downwind air
quality problems with respect to the 2008 ozone NAAQS in its
analysis, we promulgated a new ozone season NOX emission
budget to address that standard at 40 CFR 97.810(a).
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B. Oklahoma SIP Submittal Pertaining to the 1997 8-Hour Ozone NAAQS and
Interstate Transport of Air Pollution
As noted above, relevant to this proposed action, Oklahoma made a
May 1, 2007 SIP submittal to address CAA requirements to prohibit
emissions which will significantly contribute to nonattainment or
interfere with maintenance of the 1997 ozone NAAQS in other states.
Oklahoma provided additional information pertaining to the requirements
in a supplemental December 5, 2007 letter. The submittals document the
State's assessments that Oklahoma emissions will not contribute
significantly to nonattainment or interfere with maintenance of the
1997 ozone NAAQS in other states.
Consistent with EPA guidance at the time and EPA's approach in the
Clean Air Interstate Rule (CAIR), the State's May 1, 2007 submittal
focused primarily on whether emissions from Oklahoma sources
significantly contribute to nonattainment of the 1997 ozone NAAQS in
other states.\10\ The State did not evaluate whether Oklahoma emissions
interfere with maintenance of these NAAQS in other states separately
from significant contribution to nonattainment in other states. Like
our CAIR approach, the SIP submittal presumed that if Oklahoma sources
were not significantly contributing to violations of the NAAQS in other
states, then no further specific evaluation was necessary for purposes
of the interfere with maintenance sub-element of section 110(a)(2)(D).
However, CAIR was remanded to EPA, in part because the court found that
EPA had not correctly addressed whether emissions from sources in a
state interfere with maintenance of the standards in other states. See
North Carolina, 531 F.3d at 910-11. Therefore, we evaluated the May 1,
2007, Oklahoma submittal in light of the decision of the court.
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\10\ On August 15, 2006, we issued our ``Guidance for State
Implementation Plan (SIP) Submissions to Meet Current Outstanding
Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards''. The
document is available in the regulations.gov docket at: https://www.regulations.gov/document?D=EPA-R06-OAR-2007-0314-0030.
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Because EPA's 2011 CSAPR modeling projected that Oklahoma would be
linked to a downwind maintenance receptor with respect to the 1997
ozone NAAQS, but not to a nonattainment receptor, EPA proposed to
approve the portion of the SIP submittal asserting that Oklahoma
emissions do not contribute significantly to nonattainment of the 1997
8-hour ozone NAAQS in other states (76 FR 64065, October 17, 2011).\11\
EPA finalized approval of this portion of the SIP submittal on December
29, 2011 (76 FR 81838).
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\11\ A maintenance receptor is a monitor projected to have
difficulty maintaining the ozone NAAQS while a nonattainment is a
monitor projected to have trouble attaining and maintaining the
ozone NAAQS. Oklahoma was linked to an Allegan, Michigan maintenance
receptor as discussed above.
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Because EPA's CSAPR modeling projected that Oklahoma would be
linked to a downwind maintenance receptor with respect to the 1997
ozone NAAQS, we proposed to disapprove, or in the alternative, approve,
the portion of the May 7, 2007 SIP submittal asserting that Oklahoma
does not interfere with maintenance of the 1997 8-hour ozone NAAQS in
other states (76 FR 64065, October 17, 2011). We proposed to finalize
our approval or disapproval action based on the final action for
Oklahoma in the then-proposed supplemental CSAPR rule.\12\ We are now
withdrawing the October 17, 2011 proposal with respect to the
``interfere with maintenance'' clause of the good neighbor provision
and instead proposing to approve this portion of the SIP submittal
based on the rationale described below.
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\12\ The supplemental CSAPR rule was proposed on July 11, 2011
(76 FR 40662) and finalized on December 27, 2011 76 FR 80760). It
added EGUs in Oklahoma, Iowa, Kansas, Michigan, Missouri, and
Wisconsin to CSAPR.
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II. The EPA's Evaluation
More recent information provides support for our proposed approval
of the conclusion in the SIP submittals that the State will not
interfere with maintenance of the 1997 ozone NAAQS in any other state.
As discussed above, air quality modeling conducted for the 2011 CSAPR
rulemaking projected that emissions from Oklahoma would be linked to a
maintenance receptor in Allegan County, Michigan, in 2012. In CSAPR, we
used air quality projections for the year 2012, which was also the
intended start year for implementation of the CSAPR Phase 1 EGU
emission budgets, to identify receptors projected to have air quality
problems. The CSAPR final rule record also contained air quality
projections for 2014, which was the intended start year for
[[Page 57704]]
implementation of the CSAPR Phase 2 EGU emission budgets. The 2014
modeling results projected that the Allegan County receptor would have
a maximum 8-hour ozone ``design value'' of 83.6 part per billion (ppb)
before considering the emissions reductions anticipated from
implementation of CSAPR.\13\ This value is below the value of 85 ppb
that we used to determine whether a particular ozone receptor should be
identified as having air quality problems that may trigger transport
obligations in upwind states with regard to the 1997 ozone NAAQS (76 FR
48208, 48236). The 2014 modeling results show that the Allegan County,
Michigan monitor to which Oklahoma was linked in the 2012 modeling was
projected to no longer have air quality problems sufficient to trigger
transport obligations with regard to the 1997 8-hour ozone NAAQS. Thus,
Oklahoma would no longer interfere with maintenance of the 1997 ozone
NAAQS at the Allegan County receptor in 2014.
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\13\ Design values are used to determine whether a NAAQS is
being met. See projected 2014 base case maximum design value for
Allegan County, Michigan receptor 26005003 at page B-16 of the June
2011 Air Quality Modeling Final Rule Technical Support Document for
CSAPR, Document ID No. EPA-HQ-OAR-2009-0491-4140, available in
regulations.gov.
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As discussed above, in light of the remand of 10 other states'
CSAPR phase 2 ozone season budgets by the D.C. Circuit in EME Homer
City II, we also evaluated the validity of the emissions budget
promulgated for Oklahoma in the supplemental CSAPR rule, and determined
that Oklahoma's emissions would no longer contribute significantly to
nonattainment in, or interfere with maintenance by, any other state
with respect to the 1997 ozone NAAQS at either receptor or in any other
state. (81 FR 74524-25). This conclusion is based on EPA's most recent
modeling analysis.
III. Proposed Action
We are proposing to approve the portion of a May 1, 2007 Oklahoma
SIP submittal pertaining to the interfere with maintenance requirement
of CAA section 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS.
We propose to find that the state's conclusion that Oklahoma emissions
do not interfere with maintenance of the 1997 ozone NAAQS in another
state is consistent with our conclusion regarding this good neighbor
obligation.
IV. Statutory and Executive Order Reviews
Under the CAA, 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve 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 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 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
proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 7, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-24873 Filed 11-15-18; 8:45 am]
BILLING CODE 6560-50-P