82 FR 37025 - Air Plan Approvals, Idaho: Logan Utah/Idaho PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 151 (August 8, 2017)
Federal Register Volume 82, Issue 151 (August 8, 2017)
| Page Range | 37025-37027 | |
| FR Document | 2017-16614 |
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)] [Rules and Regulations] [Pages 37025-37027] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16614] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2015-0067; FRL-9965-67-Region 10] Air Plan Approvals, Idaho: Logan Utah/Idaho PM2.5 Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving revisions to Idaho's State Implementation Plan (SIP) submitted in 2012 and 2014 to address Clean Air Act (CAA) requirements for the Idaho portion of the Logan, Utah-Idaho fine particulate matter (PM2.5 ) nonattainment area (Logan UT-ID area). Based on newly available air quality monitoring data, the EPA is approving Idaho's attainment demonstration and approving Idaho's 2014 Motor Vehicle Emissions Budgets (MVEBs) as early progress budgets. Additionally, the EPA is conditionally approving Reasonable Further Progress (RFP), Quantitative Milestones (QMs), and revised MVEBs for the Idaho portion of the nonattainment area, based on Idaho's commitment to adopt and submit updates to these attainment plan elements within one year of the effective date of this final action. DATES: This final rule is effective September 7, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2015-0067. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and is publicly available only in hard copy form. Publicly available docket materials are available at http://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone number: (206) 553-0256; email address: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Background Information II. Final Action III. Statutory and Executive Orders Review I. Background Information On June 1, 2017, the EPA proposed to approve Idaho's attainment demonstration and 2014 MVEBs as early progress budgets (82 FR 25208). As part of the same action, the EPA also proposed to conditionally approve RFP, QMs, and revised MVEBs for the Idaho portion of the nonattainment area. An explanation of the CAA requirements, a detailed analysis of the submittals, and the EPA's reasons for proposing approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for the proposal ended July 3, 2017. We received no comments. II. Final Action For the reasons set forth in the proposed rulemaking for this action, the EPA is approving the attainment demonstration in Idaho's 2012 and 2014 revisions to the SIP (Idaho attainment plan) for the Idaho portion of the Logan UT-ID area. The EPA is also approving the 2014 MVEBs as early progress budgets, in that they are consistent with making progress toward attainment of the 24-hour 2006 PM2.5 National Ambient Air Quality Standards by December 31, 2015. Lastly, the EPA is conditionally approving RFP, QMs, and revised MVEBs in the Idaho attainment [[Page 37026]] plan, based on Idaho's April 25, 2017 commitment to adopt and submit updated plan elements to meet these requirements. Under a conditional approval, the State must adopt and submit the specific revisions it has committed to by a date certain but not later than one year of this final action.\1\ If the EPA fully approves the submittal of the revisions specified in the commitment letter, the conditional nature of the approval would be removed and the submittal would become fully approved. If the State does not submit these revisions by the date specified in the April 25, 2017 commitment letter, or if the EPA finds the State's revisions to be incomplete, or EPA disapproves the State's revisions, a conditional approval will convert to a disapproval. If any of these occur and the EPA's conditional approval converts to a disapproval, that will constitute a disapproval of a required plan element under part D of title I of the Act, which starts an 18-month clock for sanctions, see section 179(a)(2), and the two-year clock for a Federal Implementation Plan (FIP), see CAA section 110(c)(1)(B). --------------------------------------------------------------------------- \1\ In IDEQ's April 25, 2017 commitment letter, IDEQ committed to submit revisions by August 1, 2018. --------------------------------------------------------------------------- III. Statutory and Executive Orders Review 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 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); 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 this action does not involve technical standards; 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 in Idaho and is also not approved to apply 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 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 10, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 24, 2017. Michelle L. Pirzadeh, Acting 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 N--Idaho 0 2. In Sec. 52.670, the table in paragraph (e) is amended by adding an additional entry at the end of the table for ``Fine Particulate Matter Attainment Plan.'' The addition reads as follows: Sec. 52.670 Identification of plan. * * * * * (e) * * * [[Page 37027]] EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- Applicable Name of SIP provision geographic or State EPA approval date Comments nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Fine Particulate Matter Franklin County, 12/19/2012; 12/ 8/8/2017, [Insert Approved: moderate area Attainment Plan. Logan UT-ID PM2.5 24/2014 Federal Register attainment Nonattainment citation]. demonstration and 2014 Area. reasonable further progress motor vehicle emissions budgets. Conditional Approval: reasonable further progress, quantitative milestone, motor vehicle emission budget requirements. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-16614 Filed 8-7-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations 37025
EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable EPA
geographic or State submittal
Name of SIP provision approval Explanation
nonattainment date date
area
Air Quality Implementation Plan for the State of Nevada 1
* * * * * * *
Nevada Regional Haze State Implemen- State-wide .............. 11/18/09 77 FR 50936 (8/23/ Excluding Appendix A (‘‘Nevada BART
tation Plan (October 2009), excluding 12). Regulation’’). The Nevada BART reg-
the BART determination for NOX at ulation, including NAC 445B.029,
Reid Gardner Generating Station in 445B.22095, and 445B.22096, is list-
sections 5.5.3, 5.6.3 and 7.2, which ed above in 40 CFR 52.1470(c).
the EPA has disapproved.
Nevada Regional Haze Plan 5-Year State-wide .............. 11/18/2014 [Insert Federal
Progress Report. Register cita-
tion], 8/8/2017.
* * * * * * *
1 The
organization of this table generally follows from the organization of the State of Nevada’s original 1972 SIP, which was divided into 12
sections. Nonattainment and maintenance plans, among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small
Business Stationary Source Technical and Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or
quasi-regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR 52.1470(c).
■ 3. Section 52.1488 is amended by progress budgets. Additionally, the EPA 98101; telephone number: (206) 553–
adding paragraph (g) to read as follows: is conditionally approving Reasonable 0256; email address: hunt.jeff@epa.gov.
Further Progress (RFP), Quantitative SUPPLEMENTARY INFORMATION:
§ 52.1488 Visibility protection.
Milestones (QMs), and revised MVEBs
* * * * * for the Idaho portion of the Table of Contents
(g) Approval. On November 18, 2014, nonattainment area, based on Idaho’s I. Background Information
the Nevada Division of Environmental commitment to adopt and submit II. Final Action
Protection submitted the ‘‘Nevada updates to these attainment plan III. Statutory and Executive Orders Review
Regional Haze Plan 5-Year Progress elements within one year of the effective
Report’’ (‘‘Progress Report’’). The I. Background Information
date of this final action.
Progress Report meets the requirements On June 1, 2017, the EPA proposed to
of the Regional Haze Rule in 40 CFR DATES: This final rule is effective
September 7, 2017. approve Idaho’s attainment
51.308. demonstration and 2014 MVEBs as early
[FR Doc. 2017–16491 Filed 8–7–17; 8:45 am] ADDRESSES: The EPA has established a progress budgets (82 FR 25208). As part
BILLING CODE 6560–50–P
docket for this action under Docket ID of the same action, the EPA also
No. EPA–R10–OAR–2015–0067. All proposed to conditionally approve RFP,
documents in the docket are listed on QMs, and revised MVEBs for the Idaho
ENVIRONMENTAL PROTECTION the http://www.regulations.gov Web portion of the nonattainment area. An
AGENCY site. Although listed in the index, some explanation of the CAA requirements, a
information may not be publicly detailed analysis of the submittals, and
40 CFR Part 52 available, i.e., Confidential Business the EPA’s reasons for proposing
[EPA–R10–OAR–2015–0067; FRL–9965–67– Information or other information the approval were provided in the notice of
Region 10] disclosure of which is restricted by proposed rulemaking, and will not be
statute. Certain other material, such as restated here. The public comment
Air Plan Approvals, Idaho: Logan Utah/ copyrighted material, is not placed on period for the proposal ended July 3,
Idaho PM2.5 Nonattainment Area the Internet and is publicly available 2017. We received no comments.
only in hard copy form. Publicly
AGENCY: Environmental Protection II. Final Action
available docket materials are available
Agency (EPA).
at http://www.regulations.gov or at EPA For the reasons set forth in the
ACTION: Final rule. Region 10, Office of Air and Waste, 1200 proposed rulemaking for this action, the
SUMMARY: The Environmental Protection Sixth Avenue, Seattle, Washington EPA is approving the attainment
Agency (EPA) is approving revisions to 98101. The EPA requests that you demonstration in Idaho’s 2012 and 2014
Idaho’s State Implementation Plan (SIP) contact the person listed in the FOR revisions to the SIP (Idaho attainment
submitted in 2012 and 2014 to address FURTHER INFORMATION CONTACT section to plan) for the Idaho portion of the Logan
Clean Air Act (CAA) requirements for schedule your inspection. The Regional UT–ID area. The EPA is also approving
asabaliauskas on DSKBBXCHB2PROD with RULES
the Idaho portion of the Logan, Utah- Office’s official hours of business are the 2014 MVEBs as early progress
Idaho fine particulate matter (PM2.5) Monday through Friday, 8:30 to 4:30, budgets, in that they are consistent with
nonattainment area (Logan UT–ID area). excluding Federal holidays. making progress toward attainment of
Based on newly available air quality FOR FURTHER INFORMATION CONTACT: Jeff the 24-hour 2006 PM2.5 National
monitoring data, the EPA is approving Hunt, Air Planning Unit, Office of Air Ambient Air Quality Standards by
Idaho’s attainment demonstration and and Waste (OAW–150), Environmental December 31, 2015. Lastly, the EPA is
approving Idaho’s 2014 Motor Vehicle Protection Agency, Region 10, 1200 conditionally approving RFP, QMs, and
Emissions Budgets (MVEBs) as early Sixth Ave., Suite 900, Seattle, WA revised MVEBs in the Idaho attainment
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![Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations 37027
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable geographic State submittal
Name of SIP provision EPA approval date Comments
or nonattainment area date
* * * * * * *
Fine Particulate Matter Franklin County, Logan 12/19/2012; 8/8/2017, [Insert Fed- Approved: moderate area attainment dem-
Attainment Plan. UT–ID PM2.5 Non- 12/24/2014 eral Register cita- onstration and 2014 reasonable further
attainment Area. tion]. progress motor vehicle emissions budgets.
Conditional Approval: reasonable further
progress, quantitative milestone, motor vehi-
cle emission budget requirements.
[FR Doc. 2017–16614 Filed 8–7–17; 8:45 am] & Governmental Affairs Bureau at 202– adopted that might impose information
BILLING CODE 6560–50–P 418–0530 (voice), 202–418–0432 (TTY). collection burdens on small business
concerns, and find that the impact on
Synopsis
businesses with fewer than 25
FEDERAL COMMUNICATIONS This Report and Order adopts new employees will be an overall reduction
COMMISSION rules to mitigate interference from DBS in burden.
feeder-link earth stations to BSS
consumer earth terminals (ground path Congressional Review Act
47 CFR Part 25
interference) in the 17.3–17.8 GHz band. The Commission will send copies of
[IB Docket No. 06–123, FCC 17–49] We adopt a rule allowing currently- this Report and Order to Congress and
licensed DBS feeder link earth stations the General Accountability Office
Establishment of Policies and Service
to continue operations under the terms pursuant to the Congressional Review
Rules for the Broadcasting-Satellite
of their current licenses, and to expand Act, 5 U.S.C. 801(a)(1)(A), and will send
Service at the 17.3–17.8 GHz and the
their facilities provided that new a copy including the final regulatory
24.75–25.25 GHz Frequency Bands for
antennas are constructed within one flexibility act analysis to the Chief
Feeder Links to the Broadcasting- kilometer of current antennas and the Counsel for Advocacy of the Small
Satellite Service and for Satellite aggregate power-flux density of the Business Administration, in accordance
Services Operating Bi-Directionally station at any point does not increase. with section 603(a) of the Regulatory
AGENCY: Federal Communications We adopt a methodology for Flexibility Act, 5 U.S.C. 601, et seq.
Commission. determining a coordination zone for (1981).
ACTION: Final rule. new DBS feeder-link earth stations, and
require applicants for new DBS feeder- Final Regulatory Flexibility Analysis
SUMMARY: The Federal Communications link earth stations to coordinate with As required by the Regulatory
Commission adopts technical rules to BSS licensees to achieve agreement on Flexibility Act (RFA), an Initial
mitigate ground-path interference interference mitigation. We adopt rules Regulatory Flexibility Analysis (IRFA)
between the Digital Broadcasting specifying the information applicants was incorporated in the Further Notice
Satellite Service (DBS) and the for new DBS feeder-link earth stations of Proposed Rulemaking in the Matter of
Broadcasting-Satellite Service (BSS) in must provide for the purposes of Comprehensive Review of Licensing
the 17.3–17.8 GHz band to protect coordination. and Operating Rules for Satellite
consumers and foster more rapid Services. The Commission sought
Paperwork Reduction Act written public comment on the
deployment of services, greater
investment, and new innovation. This document contains new and proposals in the NPRM, including
modified information collection comment on the IRFA. No comments
DATES: Effective September 7, 2017.
requirements subject to the Paperwork were received on the IRFA. This Final
FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995 (PRA), Public Regulatory Flexibility Analysis (FRFA)
Sean O’More, 202–418–2453, or if Law 104–13. It will be submitted to the conforms to the RFA.
concerning the information collections Office of Management and Budget
in this document, Cathy Williams, 202– (OMB) for review under section 3507(d) Need for, and Objectives of, the Rules
418–2918. of the PRA. OMB, the general public, The objective of the Report and Order
SUPPLEMENTARY INFORMATION: This is a and other Federal agencies will be is to adopt processing and service rules
summary of the Commission’s Third invited to comment on the new or for the 17/24 GHz Broadcasting-Satellite
Report and Order, FCC 17–49, adopted modified information collection Service (BSS) which will address
April 21, 2017, and released April 25, requirements contained in this potential interference scenarios which
2017. The full text of the Report and proceeding in a separate Federal arise in the reverse band operating
Order is available at https:// Register notice. environment. The rules will mitigate
apps.fcc.gov/edocs_public/attachmatch/ Pursuant to the Small Business against ground path interference.
FCC-17-49A1.pdf. It also are available Paperwork Relief Act of 2002, Public Specifically, we adopt criteria to
asabaliauskas on DSKBBXCHB2PROD with RULES
for inspection and copying during Law 107–198, see 44 U.S.C. 3506(c)(4), facilitate sharing in the 17 GHz bands by
business hours in the FCC Reference we previously sought specific comment BSS and Direct Broadcast Satellite
Information Center, Portals II, 445 12th on how the Commission might further (DBS) services. These new rules will
Street SW., Room CY–A257, reduce the information collection introduce a new generation of
Washington, DC 20554. To request burden for small business concerns with broadband services to the public,
materials in accessible formats for fewer than 25 employees. We received providing a mix of local and domestic
people with disabilities, send an email no comments on this issue. We have video, audio, data, video-on-demand,
to FCC504@fcc.gov or call the Consumer assessed the effects of the revisions and multimedia services to consumers
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Document Created: 2017-08-08 00:17:42
Document Modified: 2017-08-08 00:17:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective September 7, 2017. | |
| Contact | Jeff Hunt, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone number: (206) | |
| FR Citation | 82 FR 37025 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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