Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Logan Nonattainment Area Fine Particulate Matter State Implementation Plan for Attainment of 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standards, 59315-59317 [2018-25486]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2016–0585; FRL–9986–14–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Utah; Logan Nonattainment Area Fine
Particulate Matter State
Implementation Plan for Attainment of
2006 24-Hour Fine Particulate Matter
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
the emissions inventory, modeled
attainment demonstration,
determination for Major Stationary
Source Reasonably Available Control
Technology (RACT), determination for
On-Road Mobile Sources Reasonably
Available Control Measures (RACM),
determination for Cache County
Inspection and Maintenance (I/M)
Program as additional reasonable
measures, determination for Off-Road
Mobile Sources RACM, and the 2015
Motor Vehicle Emission Budgets
(MVEB) portions of the attainment plan
submitted by Utah on December 16,
2014, to address Clean Air Act (CAA or
the Act) requirements for the 2006 24hour fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS) in the Logan, Utah (UT)—
Idaho (ID) Moderate PM2.5
nonattainment area. These actions are
being taken under section 110 of the
CAA.
SUMMARY:
This final rule is effective on
December 24, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2016–0585. 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 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
amozie on DSK3GDR082PROD with RULES
DATES:
VerDate Sep<11>2014
16:13 Nov 21, 2018
Jkt 247001
Crystal Ostigaard, Air Program, U.S.
EPA, Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6602,
ostigaard.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ means
the EPA.
I. Background
On October 17, 2006 (71 FR 61144),
the Environmental Protection Agency
(EPA) revised the level of the 24-hour
fine particulate matter (PM2.5) National
Ambient Air Quality Standard
(NAAQS), lowering the primary and
secondary standards from the 1997
standard of 65 micrograms per cubic
meter (mg/m3) to 35 mg/m3. On
November 13, 2009 (74 FR 58688), the
EPA designated three nonattainment
areas in Utah for the 24-hour PM2.5
NAAQS of 35 mg/m3. These are the Salt
Lake City, Utah (UT); Provo, UT; and
Logan, UT-Idaho (ID) nonattainment
areas. The State of Utah submitted the
Logan, UT-ID Moderate PM2.5 state
implementation plan (SIP) on December
16, 2014, to address the requirements
under part D of title I of the Clean Air
Act (CAA) for the Logan UT-ID PM2.5
nonattainment area.
On December 4, 2017 (82 FR 57183),
the EPA proposed to approve portions
of the December 16, 2014 Logan, UT-ID
Moderate PM2.5 SIP submittal.
Specifically, we proposed to approve:
• The 2010 base year and 2015
projection year emissions inventories;
• The modeled attainment
demonstration;
• The RACM/RACT and additional
reasonable measure determinations for
on-road mobile, including the Cache
County I/M Program, off-road mobile,
and major stationary sources; and
• The direct PM2.5, nitrogen oxides
(NOX) and volatile organic compound
(VOC) MVEBs for 2015 and the MVEB
trading mechanism.
Our proposal provides details on the
EPA’s evaluation of these portions of the
State’s submittal.
II. Response to Comments
The EPA received seven public
comments on the proposed action. After
reviewing the comments received, the
EPA has determined that the comments,
with the exception of a portion of one
comment, fall outside the scope of our
proposed action or fail to identify any
material issue necessitating a response.
A portion of one comment (EPA–R08–
OAR–2016–0585–0017) generally
alleges that the EPA lacks actual
measurements of what agriculture emits
in the form of PM2.5, and that agriculture
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
59315
is not a major emitter of PM2.5. The
comment states that the data used to
develop ‘‘the inventory’’ was based on
erroneous emission factors published by
‘‘CPA’’ 1 for cattle feed yards, feed mills,
grain elevators, and dust from farmers’
field operations; however, according to
the comment, there ‘‘has never been any
actual PM–2.5 emission data taken on
agricultural tillage equipment using
EPA approved PM–2.5 samplers.’’ The
comment also alleges that ‘‘wildfire
emissions were not added to the data.’’
Assuming that the comment is
intended to refer to the emissions
inventories that Utah prepared and
submitted for the Logan, UT-ID
Moderate PM2.5 SIP and that the EPA
proposed to approve, we respond as
follows. The comment alleges the use of
‘‘erroneous’’ emission factors without
identifying any specific error in the
emission factors. Under the SIP
Requirements Rule, Utah was not
required to run tests on agricultural
tillage equipment to develop emissions
inventories; instead the requirements for
emissions inventories are set forth in 40
CFR 51.1008. See Fine Particulate
Matter National Ambient Air Quality
Standards: State Implementation Plan
Requirements, 81 FR 58010, 58027–33
(Aug. 24, 2016). The comment does not
indicate any way in which the
inventories fail to meet those
requirements. Finally, for the purposes
of PM2.5 nonattainment areas such as the
Logan, UT-ID area, wildfire emissions
are generally accounted for through the
EPA’s Exceptional Events Rule,2 not
through emissions inventories.
III. Final Action
For the reasons stated in our proposal,
the EPA is finalizing approval of
portions of Utah’s SIP found at R307–
110–10, Section IX Control Measures for
Area and Point Sources, Part A, Fine
Particulate Matter for the Logan, UT-ID
nonattainment area and at SIP
Subsection IX.A.23: Control Measures
for Area and Point Sources, Fine
Particulate Matter for the Logan, UT-ID
nonattainment area. Specifically, we are
approving the following portions of the
Logan, UT-ID Moderate PM2.5 SIP
submitted by the State on December 16,
2014:
• The 2010 base year and 2015
projection year emissions inventories;
• The modeled attainment
demonstration;
• The RACM/RACT and additional
reasonable measure demonstrations for
on-road mobile, including the Cache
1 The comment does not define this acronym, but
we assume the comment intended to refer to EPA.
2 40 CFR 50.14.
E:\FR\FM\23NOR1.SGM
23NOR1
59316
Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations
County I/M Program, off-road mobile
and major stationary sources; and
• The direct PM2.5, nitrogen oxides
(NOX) and VOC MVEBs for 2015 and the
MVEB trading mechanism.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
approval of portions of the Logan, UTID PM2.5 Moderate SIP submitted by the
State of Utah as discussed in the
proposed rule. The EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the state implementation plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.3
amozie on DSK3GDR082PROD with RULES
V. 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 approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this final action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 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;
3 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:13 Nov 21, 2018
Jkt 247001
• 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 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).
In addition, the SIP is not approved
to apply on any Indian reservation land
or 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 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. 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
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
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 January 22, 2019.
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, Ammonia,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.
Dated: November 16, 2018.
Douglas Benevento,
Regional Administrator, EPA, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. Section 52.2320 is amended by:
a. Revising the entry for ‘‘R307–110–
10’’ in the table in paragraph (c); and
■ b. Adding the entry, in numerical
order, ‘‘Section IX.A.23. Fine Particulate
Matter, PM2.5 SIP for the Logan, UT–ID
Nonattainment Area’’ in the table in
paragraph (e).
The revision and addition reads as
follows:
■
■
§ 52.2320
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\23NOR1.SGM
23NOR1
*
*
59317
Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations
Rule No.
State
effective
date
Rule title
*
*
*
*
Final rule
citation, date
*
Comments
*
*
R307–110. General Requirements: State Implementation Plan
*
R307–110–10 ............
*
*
*
Section IX. Control Measures for Area and Point
Sources, Part A, Fine Particulate Matter.
*
*
*
*
*
*
*
*
*
*
[Insert Federal Register
citation], 11/23/2018.
*
*
*
*
(e) * * *
State
effective
date
Rule title
*
*
12/4/2014
*
Final rule
citation,
date
*
*
Comments
*
*
*
IX. Control Measures for Area and Point Sources
*
*
*
Section IX.A.23. Fine Particulate Matter, PM2.5
SIP for the Logan, UT–ID Nonattainment Area.
*
*
12/4/2014
*
*
*
*
*
[Insert Federal Register Except for Chapters 1–3, Area Sources found in
citation], 11/23/2018.
Chapter 6.6, Chapter 8 and Chapter 9.
*
*
*
[FR Doc. 2018–25486 Filed 11–21–18; 8:45 am]
amozie on DSK3GDR082PROD with RULES
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:13 Nov 21, 2018
Jkt 247001
PO 00000
Frm 00049
Fmt 4700
Sfmt 9990
E:\FR\FM\23NOR1.SGM
23NOR1
*
]]>Agencies
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59315-59317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25486]
[[Page 59315]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2016-0585; FRL-9986-14-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Logan Nonattainment Area Fine Particulate Matter State
Implementation Plan for Attainment of 2006 24-Hour Fine Particulate
Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of the emissions inventory, modeled attainment demonstration,
determination for Major Stationary Source Reasonably Available Control
Technology (RACT), determination for On-Road Mobile Sources Reasonably
Available Control Measures (RACM), determination for Cache County
Inspection and Maintenance (I/M) Program as additional reasonable
measures, determination for Off-Road Mobile Sources RACM, and the 2015
Motor Vehicle Emission Budgets (MVEB) portions of the attainment plan
submitted by Utah on December 16, 2014, to address Clean Air Act (CAA
or the Act) requirements for the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS) in
the Logan, Utah (UT)--Idaho (ID) Moderate PM2.5
nonattainment area. These actions are being taken under section 110 of
the CAA.
DATES: This final rule is effective on December 24, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2016-0585. 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 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 through 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: Crystal Ostigaard, Air Program, U.S.
EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado
80202-1129, (303) 312-6602, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' means the
EPA.
I. Background
On October 17, 2006 (71 FR 61144), the Environmental Protection
Agency (EPA) revised the level of the 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS),
lowering the primary and secondary standards from the 1997 standard of
65 micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\. On
November 13, 2009 (74 FR 58688), the EPA designated three nonattainment
areas in Utah for the 24-hour PM2.5 NAAQS of 35 [micro]g/
m\3\. These are the Salt Lake City, Utah (UT); Provo, UT; and Logan,
UT-Idaho (ID) nonattainment areas. The State of Utah submitted the
Logan, UT-ID Moderate PM2.5 state implementation plan (SIP)
on December 16, 2014, to address the requirements under part D of title
I of the Clean Air Act (CAA) for the Logan UT-ID PM2.5
nonattainment area.
On December 4, 2017 (82 FR 57183), the EPA proposed to approve
portions of the December 16, 2014 Logan, UT-ID Moderate
PM2.5 SIP submittal. Specifically, we proposed to approve:
The 2010 base year and 2015 projection year emissions
inventories;
The modeled attainment demonstration;
The RACM/RACT and additional reasonable measure
determinations for on-road mobile, including the Cache County I/M
Program, off-road mobile, and major stationary sources; and
The direct PM2.5, nitrogen oxides
(NOX) and volatile organic compound (VOC) MVEBs for 2015 and
the MVEB trading mechanism.
Our proposal provides details on the EPA's evaluation of these
portions of the State's submittal.
II. Response to Comments
The EPA received seven public comments on the proposed action.
After reviewing the comments received, the EPA has determined that the
comments, with the exception of a portion of one comment, fall outside
the scope of our proposed action or fail to identify any material issue
necessitating a response.
A portion of one comment (EPA-R08-OAR-2016-0585-0017) generally
alleges that the EPA lacks actual measurements of what agriculture
emits in the form of PM2.5, and that agriculture is not a
major emitter of PM2.5. The comment states that the data
used to develop ``the inventory'' was based on erroneous emission
factors published by ``CPA'' \1\ for cattle feed yards, feed mills,
grain elevators, and dust from farmers' field operations; however,
according to the comment, there ``has never been any actual PM-2.5
emission data taken on agricultural tillage equipment using EPA
approved PM-2.5 samplers.'' The comment also alleges that ``wildfire
emissions were not added to the data.''
---------------------------------------------------------------------------
\1\ The comment does not define this acronym, but we assume the
comment intended to refer to EPA.
---------------------------------------------------------------------------
Assuming that the comment is intended to refer to the emissions
inventories that Utah prepared and submitted for the Logan, UT-ID
Moderate PM2.5 SIP and that the EPA proposed to approve, we
respond as follows. The comment alleges the use of ``erroneous''
emission factors without identifying any specific error in the emission
factors. Under the SIP Requirements Rule, Utah was not required to run
tests on agricultural tillage equipment to develop emissions
inventories; instead the requirements for emissions inventories are set
forth in 40 CFR 51.1008. See Fine Particulate Matter National Ambient
Air Quality Standards: State Implementation Plan Requirements, 81 FR
58010, 58027-33 (Aug. 24, 2016). The comment does not indicate any way
in which the inventories fail to meet those requirements. Finally, for
the purposes of PM2.5 nonattainment areas such as the Logan,
UT-ID area, wildfire emissions are generally accounted for through the
EPA's Exceptional Events Rule,\2\ not through emissions inventories.
---------------------------------------------------------------------------
\2\ 40 CFR 50.14.
---------------------------------------------------------------------------
III. Final Action
For the reasons stated in our proposal, the EPA is finalizing
approval of portions of Utah's SIP found at R307-110-10, Section IX
Control Measures for Area and Point Sources, Part A, Fine Particulate
Matter for the Logan, UT-ID nonattainment area and at SIP Subsection
IX.A.23: Control Measures for Area and Point Sources, Fine Particulate
Matter for the Logan, UT-ID nonattainment area. Specifically, we are
approving the following portions of the Logan, UT-ID Moderate
PM2.5 SIP submitted by the State on December 16, 2014:
The 2010 base year and 2015 projection year emissions
inventories;
The modeled attainment demonstration;
The RACM/RACT and additional reasonable measure
demonstrations for on-road mobile, including the Cache
[[Page 59316]]
County I/M Program, off-road mobile and major stationary sources; and
The direct PM2.5, nitrogen oxides
(NOX) and VOC MVEBs for 2015 and the MVEB trading mechanism.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
approval of portions of the Logan, UT-ID PM2.5 Moderate SIP
submitted by the State of Utah as discussed in the proposed rule. The
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information). Therefore,
these materials have been approved by the EPA for inclusion in the
state implementation plan, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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 approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
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 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).
In addition, the SIP is not approved to apply on any Indian
reservation land or 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 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. 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 this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 22, 2019. 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, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur dioxide, Volatile organic compounds.
Dated: November 16, 2018.
Douglas Benevento,
Regional Administrator, EPA, Region 8.
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 TT--Utah
0
2. Section 52.2320 is amended by:
0
a. Revising the entry for ``R307-110-10'' in the table in paragraph
(c); and
0
b. Adding the entry, in numerical order, ``Section IX.A.23. Fine
Particulate Matter, PM2.5 SIP for the Logan, UT-ID
Nonattainment Area'' in the table in paragraph (e).
The revision and addition reads as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
[[Page 59317]]
----------------------------------------------------------------------------------------------------------------
State Final rule
Rule No. Rule title effective date citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-110. General Requirements: State Implementation Plan
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-110-10................. Section IX. 12/4/2014 [Insert Federal
Control Measures Register
for Area and citation], 11/23/
Point Sources, 2018.
Part A, Fine
Particulate
Matter.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Rule title effective date Final rule citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
IX. Control Measures for Area and Point Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section IX.A.23. Fine Particulate 12/4/2014 [Insert Federal Register Except for Chapters 1-3,
Matter, PM2.5 SIP for the Logan, UT-ID citation], 11/23/2018. Area Sources found in
Nonattainment Area. Chapter 6.6, Chapter 8
and Chapter 9.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-25486 Filed 11-21-18; 8:45 am]
BILLING CODE 6560-50-P
