Approval of Air Quality Implementation Plans; Puerto Rico; Infrastructure Requirements for the 1997 and 2008 Ozone, 1997 and 2006 Fine Particulate Matter and 2008 Lead NAAQS; Transport Provisions, 61328-61330 [2018-25888]

Download as PDF 61328 Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations this action must be filed in the United States Court of Appeals for the appropriate circuit by January 28, 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, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 5, 2018. Deborah Jordan, Acting Regional Administrator, Region IX. Part 52, 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 F—California 2. Section 52.220 is amended by adding paragraphs (c)(404)(i)(A)(6) and (c)(488)(i)(D) to read as follows: ■ § 52.220 Identification of plan—in part. khammond on DSK30JT082PROD with RULES * * * * * (c) * * * (404) * * * (i) * * * (A) * * * (6) Previously approved on March 26, 2013 in paragraph (c)(404)(i)(A)(3) of this section and now deleted with replacement in paragraph (c)(488)(i)(D)(1), Rule 1113, ‘‘Architectural Coatings,’’ amended on June 3, 2011. * * * * * (488) * * * (i) * * * (D) South Coast Air Quality Management District. (1) Rule 1113, ‘‘Architectural Coatings,’’ amended February 5, 2016, except for the final sentence of paragraphs (b)(8), and (b)(25). * * * * * [FR Doc. 2018–25899 Filed 11–28–18; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 15:46 Nov 28, 2018 Jkt 247001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R02–OAR–2016–0060; FRL–9987–03– Region 2] Approval of Air Quality Implementation Plans; Puerto Rico; Infrastructure Requirements for the 1997 and 2008 Ozone, 1997 and 2006 Fine Particulate Matter and 2008 Lead NAAQS; Transport Provisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revision submittals from the Commonwealth of Puerto Rico to address the interstate transport of air pollution that may interfere with attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). In this action, EPA is approving Puerto Rico’s submissions pertaining to the 1997 and 2008 ozone, 1997 and 2006 fine particulate matter (PM2.5) and 2008 lead NAAQS. DATES: This rule is effective on December 31, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R02–OAR–2016–0060. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007–1866, (212) 637–3702, or by email at fradkin.kenneth@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. What is the background information? II. What comments did EPA receive in response to its proposal? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is the background information? On July 18, 1997, the Environmental Protection Agency (EPA) promulgated a PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 revised National Ambient Air Quality Standards (NAAQS) for ozone (62 FR 38856) and a new NAAQS for fine particle matter (PM2.5) (62 FR 38652). The revised ozone NAAQS was based on 8-hour average concentrations. The 8-hour averaging period replaced the previous 1-hour averaging period, and the level of the NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm. The new PM2.5 NAAQS established a health-based annual standard of 15.0 micrograms per cubic meter (mg/m3) based on a 3-year average of annual mean PM2.5 concentrations, and a 24-hour standard of 65 mg/m3 based on a 3-year average of the 98th percentile of 24-hour concentrations. On October 17, 2006 (71 FR 61144), effective December 18, 2006, EPA revised the 24-hour average PM2.5 primary and secondary NAAQS from 65 mg/m3 to 35 mg/m3. On March 27, 2008 (73 FR 16436) EPA strengthened its NAAQS for ground-level ozone, revising the 8-hour primary ozone standard to 0.075 ppm. EPA also strengthened the secondary 8hour ozone standard to the level of 0.075 ppm making it identical to the revised primary standard. On November 12, 2008 (73 FR 66964), EPA promulgated a revised NAAQS for lead. The Agency revised the level of the primary lead standard from 1.5 mg/ m3 to 0.15 mg/m3. The EPA also revised the secondary NAAQS to 0.15 mg/m3 and made it identical to the revised primary standard. Pursuant to section 110(a)(1) of the Clean Air Act (CAA), states are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the NAAQS. Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances. In particular, the data and analytical tools available at the time the state develops and submits the SIP for a new or revised NAAQS affect the content of the submission. The content of such SIP submission may also vary depending upon what provisions the state’s existing SIP already contains. More specifically, section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) E:\FR\FM\29NOR1.SGM 29NOR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations lists specific elements that states must meet for ‘‘infrastructure’’ SIP requirements related to a newly established or revised NAAQS. One of the structural requirements of section 110(a)(2) is section 110(a)(2)(D)(i), which generally requires SIPs to contain adequate provisions to prohibit in-state emissions activities from having certain adverse air quality effects on downwind states due to interstate transport of air pollution. There are four sub-elements, or ‘‘prongs,’’ within section 110(a)(2)(D)(i) of the CAA. CAA section 110(a)(2)(D)(i)(I), addressing two of these four prongs, requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from emitting any air pollutant in amounts that will contribute significantly to nonattainment, or interfere with maintenance, of the NAAQS in another state. The two provisions of this section are referred to as prong 1 (significant contribution to nonattainment) and prong 2 (interference with maintenance). The Commonwealth of Puerto Rico’s Environmental Quality Board (PREQB) submitted five SIP revisions to satisfy the requirements of section 110(a)(2) of the CAA for the 1997 and 2008 ozone, 1997 and 2006 PM2.5 and 2008 lead NAAQS. On November 29, 2006, PREQB submitted SIP revisions addressing the infrastructure requirements for the 1997 ozone and PM2.5 NAAQS. On January 22, 2013, PREQB submitted SIP revisions addressing the infrastructure requirements for the 2006 PM2.5 and 2008 ozone NAAQS. On January 31, 2013, PREQB submitted SIP revisions addressing the infrastructure requirements for the 2008 lead NAAQS. On April 16, 2015, PREQB supplemented the January 22, 2013 submittal for the 2006 PM2.5 NAAQS. On February 1, 2016, PREQB submitted additional provisions for inclusion into the SIP which address infrastructure SIP requirements for 1997 and 2008 ozone, 1997 and 2006 PM2.5 and 2008 lead NAAQS. On February 19, 2016 1 EPA published a rule proposing to approve most of the infrastructure elements and sub-elements submitted by PREQB for the 1997 and 2008 ozone, 1997 and 2006 PM2.5 and 2008 lead NAAQS. In the February 2016 rulemaking action, EPA also proposed to approve section 110(a)(2)(D)(i)(I), commonly referred to as prongs 1 and 2. EPA finalized most other infrastructure elements in a 1 See 81 FR 8455 (February 19, 2016). VerDate Sep<11>2014 15:46 Nov 28, 2018 Jkt 247001 September 13, 2016 action.2 This action finalizes the approval of section 110(a)(2)(D)(i)(I). II. What comments did EPA receive in response to its proposal? In response to EPA’s proposed approval of Puerto Rico’s SIP revision, a comment was received from one interested party. The comment and EPA’s response were included in EPA’s September 13, 2016 final rule referenced in the previous section. III. What action is EPA taking? EPA is approving Puerto Rico’s infrastructure submittals dated November 29, 2006, January 22, 2013 and January 31, 2013, and supplemented April 16, 2015 and February 1, 2016, for the 1997 ozone and PM2.5, 2008 ozone and 2006 PM2.5, and 2008 lead NAAQS, respectively, as meeting the requirements of section 110(a)(2)(D)(i)(I) of the CAA. A detailed analysis of EPA’s review and rationale for approving and disapproving elements of the infrastructure SIP submittals as addressing these CAA requirements may be found in the February 19, 2016 proposed rulemaking action (81 FR 8455) and Technical Support Document (TSD) which are available on line at www.regulations.gov, Docket ID Number EPA–R02–OAR–2016–0060. 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, 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 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.); 2 See PO 00000 81 FR 62813 (September 13, 2016). Frm 00021 Fmt 4700 Sfmt 4700 61329 • 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 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. 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 E:\FR\FM\29NOR1.SGM 29NOR1 61330 Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations States Court of Appeals for the appropriate circuit by January 28, 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, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 13, 2018. Peter D. Lopez, Regional Administrator, Region 2. For the reasons set forth in the preamble, the Environmental Protection Agency amends part 52 of chapter I, title 40 of the Code of Federal Regulations as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS [FR Doc. 2018–25888 Filed 11–28–18; 8:45 am] 1. The authority citation for part 52 continues to read as follows: BILLING CODE 6560–50–P ■ Authority: 42 U.S.C. 7401 et seq. FEDERAL COMMUNICATIONS COMMISSION Subpart BBB—Puerto Rico 2. Section 52.2730 is amended by revising paragraphs (a)(1), (b)(1), and (c)(1) to read as follows: ■ khammond on DSK30JT082PROD with RULES § 52.2730 Section 110(a)(2) infrastructure requirements. (a) 1997 8-hour ozone and the 1997 PM2.5 NAAQS—(1) Approval. Submittal from Puerto Rico dated November 29, 2006 and supplemented February 1, 2016, to address the CAA infrastructure requirements for the 1997 ozone and the 1997 PM2.5 NAAQS. This submittal satisfies the 1997 ozone and the 1997 PM2.5 NAAQS requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with the exception of program requirements for PSD), (D)(i)(I), (D)(i)(II) and (ii) (with the exception of program requirements related to PSD), (E), (F), (G), (H), (J) (with the exception of program requirements related to PSD), (K), (L), and (M). * * * * * (b) 2008 ozone and the 2006 PM2.5 NAAQS—(1) Approval. Submittal from VerDate Sep<11>2014 15:46 Nov 28, 2018 Puerto Rico dated January 22, 2013, supplemented February 1, 2016 to address the CAA infrastructure requirements for the 2008 ozone NAAQS and supplemented April 16, 2015 and February 1, 2016 to address the CAA infrastructure requirements for the 2006 PM2.5 NAAQS. This submittal satisfies the 2008 ozone and the 2006 PM2.5 NAAQS requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with the exception of program requirements for PSD), (D)(i)(I), (D)(i)(II) and (ii) (with the exception of program requirements related to PSD), (E), (F), (G), (H), (J) (with the exception of program requirements related to PSD), (K), (L), and (M). * * * * * (c) 2008 lead NAAQS—(1) Approval. Submittal from Puerto Rico dated January 31, 2013 and supplemented February 1, 2016, to address the CAA infrastructure requirements for the 2008 lead NAAQS. This submittal satisfies the 2008 lead NAAQS requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with the exception of program requirements for PSD), (D)(i)(I), (D)(i)(II) and (ii) (with the exception of program requirements related to PSD), (E), (F), (G), (H), (J) (with the exception of program requirements related to PSD), (K), (L), and (M). * * * * * Jkt 247001 will advance the Commission’s goal of reducing outdated regulations and unnecessary regulatory burdens that can impede competition and innovation in media markets. DATES: Effective November 29, 2018. ADDRESSES: Federal Communications Commission, 445 12th Street SW, Room TW–C305, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Jamile Kadre, Jamile.Kadre@fcc.gov, or 202–418–2245. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order, FCC 18–136, in MB Docket No. 17–290, adopted on September 26, 2018, and released on September 26, 2018. The complete text of this document is available electronically via the search function on the FCC’s Electronic Document Management System (EDOCS) web page at https:// apps.fcc.gov/edocs_public/ (https:// apps.fcc.gov/edocs_public/). The complete document is available for inspection and copying in the FCC Reference Information Center, 445 12th Street SW, Room CY–A257, Washington, DC 20554 (for hours of operation, see https://www.fcc.gov/ general/fcc-reference-informationcenter). To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov (mail to: fcc504@fcc.gov) or call the FCC’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Synopsis 47 CFR Parts 0, 1, and 76 I. Introduction [MB Docket No. 17–290, FCC 18–136] 1. With this Report and Order, we take another important step in our efforts to modernize our media regulations by eliminating the annual FCC Form 325 filing requirement for cable television systems. In November, the Commission issued a Notice of Proposed Rulemaking (NPRM) proposing to streamline or eliminate Form 325, Annual Report of Cable Television Systems, which collects operational information from cable television systems nationwide. The majority of commenters support eliminating Form 325. We conclude that eliminating Form 325 will advance the Commission’s goal of reducing outdated rules and unnecessary regulatory burdens that can impede competition and innovation in the media marketplace. On balance, we find that the utility of the form is limited and ultimately outweighed by the burden placed on cable operators to file, and on Form 325 Data Collection; Modernization of Media Regulation Initiative Federal Communications Commission ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission eliminates the annual FCC Form 325 filing requirement for cable television systems as part of its Modernization of Media Regulation Initiative. As set forth below, the Commission finds that marketplace, operational, and technological changes have overtaken the utility of FCC Form 325, rendering it increasingly obsolete, and that much of the information collected by the form can be obtained from alternative sources. Thus, the Commission concludes that eliminating Form 325 SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)]
[Rules and Regulations]
[Pages 61328-61330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25888]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2016-0060; FRL-9987-03-Region 2]


Approval of Air Quality Implementation Plans; Puerto Rico; 
Infrastructure Requirements for the 1997 and 2008 Ozone, 1997 and 2006 
Fine Particulate Matter and 2008 Lead NAAQS; Transport Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revision submittals from the Commonwealth of 
Puerto Rico to address the interstate transport of air pollution that 
may interfere with attainment and maintenance of the National Ambient 
Air Quality Standards (NAAQS). In this action, EPA is approving Puerto 
Rico's submissions pertaining to the 1997 and 2008 ozone, 1997 and 2006 
fine particulate matter (PM2.5) and 2008 lead NAAQS.

DATES: This rule is effective on December 31, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2016-0060. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available through 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-3702, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What is the background information?
II. What comments did EPA receive in response to its proposal?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background information?

    On July 18, 1997, the Environmental Protection Agency (EPA) 
promulgated a revised National Ambient Air Quality Standards (NAAQS) 
for ozone (62 FR 38856) and a new NAAQS for fine particle matter 
(PM2.5) (62 FR 38652). The revised ozone NAAQS was based on 
8-hour average concentrations. The 8-hour averaging period replaced the 
previous 1-hour averaging period, and the level of the NAAQS was 
changed from 0.12 parts per million (ppm) to 0.08 ppm. The new 
PM2.5 NAAQS established a health-based annual standard of 
15.0 micrograms per cubic meter ([micro]g/m\3\) based on a 3-year 
average of annual mean PM2.5 concentrations, and a 24-hour 
standard of 65 [micro]g/m\3\ based on a 3-year average of the 98th 
percentile of 24-hour concentrations.
    On October 17, 2006 (71 FR 61144), effective December 18, 2006, EPA 
revised the 24-hour average PM2.5 primary and secondary 
NAAQS from 65 [micro]g/m\3\ to 35 [micro]g/m\3\.
    On March 27, 2008 (73 FR 16436) EPA strengthened its NAAQS for 
ground-level ozone, revising the 8-hour primary ozone standard to 0.075 
ppm. EPA also strengthened the secondary 8-hour ozone standard to the 
level of 0.075 ppm making it identical to the revised primary standard.
    On November 12, 2008 (73 FR 66964), EPA promulgated a revised NAAQS 
for lead. The Agency revised the level of the primary lead standard 
from 1.5 [micro]g/m\3\ to 0.15 [micro]g/m\3\. The EPA also revised the 
secondary NAAQS to 0.15 [micro]g/m\3\ and made it identical to the 
revised primary standard.
    Pursuant to section 110(a)(1) of the Clean Air Act (CAA), states 
are required to submit SIPs meeting the applicable requirements of 
section 110(a)(2) within three years after promulgation of a new or 
revised NAAQS or within such shorter period as EPA may prescribe. 
Section 110(a)(2) requires states to address basic SIP elements such as 
requirements for monitoring, basic program requirements, and legal 
authority that are designed to assure attainment and maintenance of the 
NAAQS. Section 110(a) imposes the obligation upon states to make a SIP 
submission to EPA for a new or revised NAAQS, but the contents of that 
submission may vary depending upon the facts and circumstances. In 
particular, the data and analytical tools available at the time the 
state develops and submits the SIP for a new or revised NAAQS affect 
the content of the submission. The content of such SIP submission may 
also vary depending upon what provisions the state's existing SIP 
already contains.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2)

[[Page 61329]]

lists specific elements that states must meet for ``infrastructure'' 
SIP requirements related to a newly established or revised NAAQS. One 
of the structural requirements of section 110(a)(2) is section 
110(a)(2)(D)(i), which generally requires SIPs to contain adequate 
provisions to prohibit in-state emissions activities from having 
certain adverse air quality effects on downwind states due to 
interstate transport of air pollution. There are four sub-elements, or 
``prongs,'' within section 110(a)(2)(D)(i) of the CAA. CAA section 
110(a)(2)(D)(i)(I), addressing two of these four prongs, requires SIPs 
to include provisions prohibiting any source or other type of emissions 
activity in one state from emitting any air pollutant in amounts that 
will contribute significantly to nonattainment, or interfere with 
maintenance, of the NAAQS in another state. The two provisions of this 
section are referred to as prong 1 (significant contribution to 
nonattainment) and prong 2 (interference with maintenance).
    The Commonwealth of Puerto Rico's Environmental Quality Board 
(PREQB) submitted five SIP revisions to satisfy the requirements of 
section 110(a)(2) of the CAA for the 1997 and 2008 ozone, 1997 and 2006 
PM2.5 and 2008 lead NAAQS. On November 29, 2006, PREQB 
submitted SIP revisions addressing the infrastructure requirements for 
the 1997 ozone and PM2.5 NAAQS. On January 22, 2013, PREQB 
submitted SIP revisions addressing the infrastructure requirements for 
the 2006 PM2.5 and 2008 ozone NAAQS. On January 31, 2013, 
PREQB submitted SIP revisions addressing the infrastructure 
requirements for the 2008 lead NAAQS. On April 16, 2015, PREQB 
supplemented the January 22, 2013 submittal for the 2006 
PM2.5 NAAQS. On February 1, 2016, PREQB submitted additional 
provisions for inclusion into the SIP which address infrastructure SIP 
requirements for 1997 and 2008 ozone, 1997 and 2006 PM2.5 
and 2008 lead NAAQS.
    On February 19, 2016 \1\ EPA published a rule proposing to approve 
most of the infrastructure elements and sub-elements submitted by PREQB 
for the 1997 and 2008 ozone, 1997 and 2006 PM2.5 and 2008 
lead NAAQS. In the February 2016 rulemaking action, EPA also proposed 
to approve section 110(a)(2)(D)(i)(I), commonly referred to as prongs 1 
and 2. EPA finalized most other infrastructure elements in a September 
13, 2016 action.\2\ This action finalizes the approval of section 
110(a)(2)(D)(i)(I).
---------------------------------------------------------------------------

    \1\ See 81 FR 8455 (February 19, 2016).
    \2\ See 81 FR 62813 (September 13, 2016).
---------------------------------------------------------------------------

II. What comments did EPA receive in response to its proposal?

    In response to EPA's proposed approval of Puerto Rico's SIP 
revision, a comment was received from one interested party. The comment 
and EPA's response were included in EPA's September 13, 2016 final rule 
referenced in the previous section.

III. What action is EPA taking?

    EPA is approving Puerto Rico's infrastructure submittals dated 
November 29, 2006, January 22, 2013 and January 31, 2013, and 
supplemented April 16, 2015 and February 1, 2016, for the 1997 ozone 
and PM2.5, 2008 ozone and 2006 PM2.5, and 2008 
lead NAAQS, respectively, as meeting the requirements of section 
110(a)(2)(D)(i)(I) of the CAA.
    A detailed analysis of EPA's review and rationale for approving and 
disapproving elements of the infrastructure SIP submittals as 
addressing these CAA requirements may be found in the February 19, 2016 
proposed rulemaking action (81 FR 8455) and Technical Support Document 
(TSD) which are available on line at www.regulations.gov, Docket ID 
Number EPA-R02-OAR-2016-0060.

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, 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 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 Clean Air Act; 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. 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

[[Page 61330]]

States Court of Appeals for the appropriate circuit by January 28, 
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, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: November 13, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.

    For the reasons set forth in the preamble, the Environmental 
Protection Agency amends part 52 of chapter I, title 40 of the Code of 
Federal Regulations 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 BBB--Puerto Rico

0
2. Section 52.2730 is amended by revising paragraphs (a)(1), (b)(1), 
and (c)(1) to read as follows:


Sec.  52.2730  Section 110(a)(2) infrastructure requirements.

    (a) 1997 8-hour ozone and the 1997 PM2.5 NAAQS--(1) Approval. 
Submittal from Puerto Rico dated November 29, 2006 and supplemented 
February 1, 2016, to address the CAA infrastructure requirements for 
the 1997 ozone and the 1997 PM2.5 NAAQS. This submittal 
satisfies the 1997 ozone and the 1997 PM2.5 NAAQS 
requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with 
the exception of program requirements for PSD), (D)(i)(I), (D)(i)(II) 
and (ii) (with the exception of program requirements related to PSD), 
(E), (F), (G), (H), (J) (with the exception of program requirements 
related to PSD), (K), (L), and (M).
* * * * *
    (b) 2008 ozone and the 2006 PM2.5 NAAQS--(1) Approval. Submittal 
from Puerto Rico dated January 22, 2013, supplemented February 1, 2016 
to address the CAA infrastructure requirements for the 2008 ozone NAAQS 
and supplemented April 16, 2015 and February 1, 2016 to address the CAA 
infrastructure requirements for the 2006 PM2.5 NAAQS. This 
submittal satisfies the 2008 ozone and the 2006 PM2.5 NAAQS 
requirements of the Clean Air Act (CAA) 110(a)(2)(A), (B), (C) (with 
the exception of program requirements for PSD), (D)(i)(I), (D)(i)(II) 
and (ii) (with the exception of program requirements related to PSD), 
(E), (F), (G), (H), (J) (with the exception of program requirements 
related to PSD), (K), (L), and (M).
* * * * *
    (c) 2008 lead NAAQS--(1) Approval. Submittal from Puerto Rico dated 
January 31, 2013 and supplemented February 1, 2016, to address the CAA 
infrastructure requirements for the 2008 lead NAAQS. This submittal 
satisfies the 2008 lead NAAQS requirements of the Clean Air Act (CAA) 
110(a)(2)(A), (B), (C) (with the exception of program requirements for 
PSD), (D)(i)(I), (D)(i)(II) and (ii) (with the exception of program 
requirements related to PSD), (E), (F), (G), (H), (J) (with the 
exception of program requirements related to PSD), (K), (L), and (M).
* * * * *
[FR Doc. 2018-25888 Filed 11-28-18; 8:45 am]
 BILLING CODE 6560-50-P