Air Plan Approval; OR; 2015 Ozone NAAQS Interstate Transport Requirements, 22376-22378 [2019-10186]
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22376
Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations
States Court of Appeals for the
appropriate circuit by July 16, 2019.
Filing a petition for reconsideration by
the Administrator of these final rules
does not affect the finality of these
actions 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 rules
or actions. These actions may not be
challenged later in proceedings to
enforce their requirements. See section
307(b)(2).
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: May 6, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
Subpart L—Georgia
2. In § 52.570, paragraph (e) is
amended by adding an entry for
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2010 1-hour NO2
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.570
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Authority: 42 U.S.C. 7401 et seq.
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS.
Applicable geographic
or nonattainment area
State submittal
date/effective
date
*
Georgia ......................
*
07/24/18
EPA approval date
*
*
5/17/19 [Insert citation of
publication].
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2010 1-hour NO2
NAAQS’’ at the end of the table to read
as follows:
Subpart RR—Tennessee
3. In § 52.2220, paragraph (e) is
amended by adding an entry for
■
§ 52.2220
*
Explanation
*
Addressing Prongs 1 and
2 of section
110(a)(2)(D)(i) only.
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP provision
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS.
[FR Doc. 2019–10187 Filed 5–16–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0801; FRL–9993–75–
Region 10]
Air Plan Approval; OR; 2015 Ozone
NAAQS Interstate Transport
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jbell on DSK3GLQ082PROD with RULES
AGENCY:
The Clean Air Act (CAA)
requires each State Implementation Plan
(SIP) to contain adequate provisions
prohibiting emissions that will have
certain adverse air quality effects in
SUMMARY:
VerDate Sep<11>2014
16:27 May 16, 2019
Jkt 247001
Applicable geographic
or nonattainment area
State effective
date
Tennessee .................
05/14/18
EPA approval date
5/17/19 [Insert citation of
publication].
other states. On September 25, 2018, the
State of Oregon made a submission to
the Environmental Protection Agency
(EPA) to address these requirements for
the 2015 ozone National Ambient Air
Quality Standards (NAAQS). The EPA is
approving the submission as meeting
the requirement that each SIP contain
adequate provisions to prohibit
emissions that will significantly
contribute to nonattainment or interfere
with maintenance of the 2015 ozone
NAAQS in any other state.
DATES: This action is effective on June
17, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2018–0801. 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
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
Explanation
Addressing Prongs 1 and
2 of section
110(a)(2)(D)(i) only.
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:
Claudia Vaupel, (206) 553–6121,
vaupel.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
On March 5, 2019, the EPA proposed
to approve Oregon’s September 25, 2018
submittal as meeting the interstate
transport requirements of CAA section
110(a)(2)(D)(i)(I) for the 2015 ozone
NAAQS (84 FR 7854). An explanation of
E:\FR\FM\17MYR1.SGM
17MYR1
Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations
the CAA requirements, a detailed
analysis of the submittal, and the EPA’s
reasons for approval were provided in
the notice of proposed rulemaking and
will not be restated here. The public
comment period for this proposed rule
ended on April 4, 2019. The EPA did
not receive comments on the proposal.
II. Final Action
The EPA is approving Oregon’s
September 25, 2018 submittal as
meeting the CAA section
110(a)(2)(D)(i)(I) interstate transport
requirements for the 2015 ozone
NAAQS.
III. Statutory and Executive Orders
Review
jbell on DSK3GLQ082PROD with RULES
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, the EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because 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
VerDate Sep<11>2014
16:27 May 16, 2019
Jkt 247001
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).
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 it 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
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22377
‘‘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 July 16, 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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: April 22, 2019.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart MM—Oregon
2. In § 52.1970, paragraph (e), table 5,
is amended under the heading
‘‘110(a)(2) Infrastructure and Intersate
Transport’’ by adding an entry for ‘‘2015
Ozone NAAQS Interstate Transport’’
immediately after the entry for
‘‘Interstate Transport for the 2012 PM2.5
NAAQS’’ to read as follows:
■
§ 52.1970
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\17MYR1.SGM
17MYR1
*
*
22378
Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations
TABLE 5—STATE OF OREGON AIR QUALITY CONTROL PROGRAM APPROVED BUT NOT INCORPORATED BY REFERENCE
Applicable
geographic or
nonattainment
area
Name of SIP provision
*
*
State submittal
date
*
*
110(a)(2)
*
*
2015 Ozone NAAQS Interstate
Transport.
*
*
Statewide .......
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R01–RCRA–2018–0431; FRL–9993–
77–Region 1]
New Hampshire: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final authorization.
AGENCY:
The Environmental Protection
Agency (EPA) is granting New
Hampshire final authorization for
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). The Agency
published a proposed rule on March 1,
2019, and provided for public comment.
Four (4) comments were received during
the public comment period. A summary
and response to these comments is
provided below. These comments did
not affect EPA’s decision. No further
opportunity for comment will be
provided.
SUMMARY:
This final authorization is
effective May 17, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R01–RCRA–2018–0431. 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.
jbell on DSK3GLQ082PROD with RULES
DATES:
VerDate Sep<11>2014
16:27 May 16, 2019
Jkt 247001
*
9/25/2018
*
*
*
5/17/2019, [Insert Federal Register citation].
*
*
A. What changes to New Hampshire’s
hazardous waste program is EPA
authorizing with this action?
On September 10, 2018, New
Hampshire submitted a complete
program revision application seeking
authorization of changes to its
hazardous waste program in accordance
with 40 CFR 271.21. EPA now makes a
final decision that New Hampshire’s
hazardous waste program revisions that
are being authorized are equivalent to,
consistent with, and no less stringent
than the Federal program, and therefore
satisfy all of the requirements necessary
to qualify for final authorization. For a
list of State rules being authorized with
this Final Authorization, please see the
Proposed Rule published in the March
1, 2019, Federal Register at 84 FR 7010.
During the public comment period,
EPA received four (4) comments. These
comments can be found at: https://
www.federalregister.gov/documents/
2019/03/01/2019–03590/newhampshire-proposed-authorization-ofstate-hazardous-waste-managementprogram-revisions. EPA has reviewed
these comments, which overall were
supportive of EPA’s proposed
authorization, and did not identify any
specific factual or legal deficiency in
EPA’s proposed authorization, or were
outside the scope of EPA’s proposed
action. Accordingly, they have not
Frm 00048
Fmt 4700
*
*
This action addresses CAA
110(a)(2)(D)(i)(I).
*
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen Yee, RCRA Waste Management,
UST & Pesticides Section, Land,
Chemicals and Redevelopment Division,
EPA Region 1, 5 Post Office Square,
Suite 100 (Mail Code: 07–1), Boston,
MA 02109–3912, Tel: (617) 918–1197;
Fax: (617) 918–0197, email: yee.steve@
epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Explanations
Infrastructure and Interstate Transport
*
[FR Doc. 2019–10186 Filed 5–16–19; 8:45 am]
EPA approval date
Sfmt 4700
*
*
altered EPA’s final decision to authorize
the New Hampshire’s program
revisions. EPA will forward these
comments to the State for their
consideration.
Also, the following additions and
corrections will become part of the
authorized program:
1. EPA inadvertently omitted two (2)
Revision Checklists (RC) during the
preparation of the Proposed Rule
Federal Register Notice. These RCs
were:
RC 82—Wood Preserving Listings,
and
RC 192B—Land Disposal Restrictions
(LDR) Correction. (RC 192B is cited in
the Special Consolidated Checklist
(SCC) Phases I–IV LDR as of
12/31/2002).
The revisions in the RCs were
incorporated into the NH regulations
and the provision are equivalent to the
Federal regulations.
2. The following standalone checklists
were inadvertently repeated in the SCC
for the Phases I–IV LDRs as of
12/31/2002 during the preparation of
the Propose Rule Federal Register
Notice. They are:
RC 117A—‘‘Mixture’’ and ‘‘DerivedFrom’’ Rules; Response to Court
Remand, and
RC 178—Hazardous Waste
Management System; Identification and
Listing of Hazardous Waste; Petroleum
Refining Process Wastes; Exemption for
Leachate from Non-Hazardous Waste
Landfills.
3. The following checklist was
inadvertently listed in the SCC for
Wood Preserving during the preparation
of the Proposed Rule Federal Register
Notice, it should have been listed in the
SCC for the Phases I–IV LDRs as of
12/31/2002:
RC 162—Clarification of Standards for
Hazardous Waste LDR Treatment
Variances.
E:\FR\FM\17MYR1.SGM
17MYR1
]]>Agencies
[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Rules and Regulations]
[Pages 22376-22378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10186]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0801; FRL-9993-75-Region 10]
Air Plan Approval; OR; 2015 Ozone NAAQS Interstate Transport
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Clean Air Act (CAA) requires each State Implementation
Plan (SIP) to contain adequate provisions prohibiting emissions that
will have certain adverse air quality effects in other states. On
September 25, 2018, the State of Oregon made a submission to the
Environmental Protection Agency (EPA) to address these requirements for
the 2015 ozone National Ambient Air Quality Standards (NAAQS). The EPA
is approving the submission as meeting the requirement that each SIP
contain adequate provisions to prohibit emissions that will
significantly contribute to nonattainment or interfere with maintenance
of the 2015 ozone NAAQS in any other state.
DATES: This action is effective on June 17, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0801. 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: Claudia Vaupel, (206) 553-6121,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background Information
On March 5, 2019, the EPA proposed to approve Oregon's September
25, 2018 submittal as meeting the interstate transport requirements of
CAA section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS (84 FR 7854).
An explanation of
[[Page 22377]]
the CAA requirements, a detailed analysis of the submittal, and the
EPA's reasons for approval were provided in the notice of proposed
rulemaking and will not be restated here. The public comment period for
this proposed rule ended on April 4, 2019. The EPA did not receive
comments on the proposal.
II. Final Action
The EPA is approving Oregon's September 25, 2018 submittal as
meeting the CAA section 110(a)(2)(D)(i)(I) interstate transport
requirements for the 2015 ozone NAAQS.
III. Statutory and Executive Orders Review
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because 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).
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 it 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 July 16, 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 22, 2019.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart MM--Oregon
0
2. In Sec. 52.1970, paragraph (e), table 5, is amended under the
heading ``110(a)(2) Infrastructure and Intersate Transport'' by adding
an entry for ``2015 Ozone NAAQS Interstate Transport'' immediately
after the entry for ``Interstate Transport for the 2012
PM2.5 NAAQS'' to read as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(e) * * *
[[Page 22378]]
Table 5--State of Oregon Air Quality Control Program Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of SIP provision or nonattainment area submittal date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
110(a)(2) Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2015 Ozone NAAQS Interstate Statewide............. 9/25/2018 5/17/2019, [Insert This action
Transport. Federal Register addresses CAA
citation]. 110(a)(2)(D)(i)(I
).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-10186 Filed 5-16-19; 8:45 am]
BILLING CODE 6560-50-P
