82 FR 58347 - Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque and Bernalillo County; Regional Haze Progress Report State Implementation Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 237 (December 12, 2017)
Federal Register Volume 82, Issue 237 (December 12, 2017)
| Page Range | 58347-58348 | |
| FR Document | 2017-26661 |
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)] [Rules and Regulations] [Pages 58347-58348] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26661] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2016-0406; FRL-9971-43-Region 6] Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque and Bernalillo County; Regional Haze Progress Report State Implementation Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving a revision to a State Implementation Plan (SIP) for the City of Albuquerque and Bernalillo County, New Mexico (the County) submitted by the Governor on June 24, 2016. The SIP revision addresses requirements of the Act and the EPA's rules that require the County to submit a periodic report assessing reasonable progress goals (RPGs) for regional haze with a determination of the adequacy of the existing regional haze SIP. DATES: This rule is effective on January 11, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2016-0406. All documents in the docket are listed at the http://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 either electronically through http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: James E. Grady, (214) 665-6745; [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' each mean ``the EPA.'' I. Background The background for this action is discussed in detail in the October 2, 2017 proposal (82 FR 45762). In that document the EPA proposed to approve the County's regional haze progress report SIP revision (submitted on June 24, 2016) as meeting the applicable regional haze requirements set forth in 40 CFR 51.309(d)(10). In addition, the EPA proposed to approve the County's determination that the current regional haze SIP is adequate to meet the State's 2018 RPGs for the first planning period and does not require further substantive revision to achieve the established regional haze goals. The public comment period for the proposal closed on November 1, 2017. The EPA did not receive any comments regarding the proposal during its public comment period. II. Final Action The EPA is approving the County's regional haze progress report SIP revision (submitted on June 24, 2016) as meeting the applicable regional haze requirements set forth in 40 CFR 51.309(d)(10)(i)(A) through (G). The EPA is also approving the County's determination that the current regional haze SIP requires no further substantive revision at this time in order to achieve the established 2018 RPGs for visibility improvement and emission reduction (40 CFR 51.309(d)(10)(ii)). This action is being taken under section 110 of the Act. III. 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 action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the 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 [[Page 58348]] 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 February 12, 2018. 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, Best available retrofit technology, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Regional haze, Reporting and recordkeeping requirements, Sulfur dioxide, Visibility, Volatile organic compounds. Dated: December 5, 2017. Samuel Coleman, Acting Regional Administrator, Region 6. 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 GG--New Mexico 0 2. In Sec. 52.1620(e), the second table titled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' is amended by adding an entry for ``City of Albuquerque Progress Report for the State Implementation Plan for Regional Haze'' at the end of the table to read as follows: Sec. 52.1620 Identification of plan. * * * * * (e) * * * EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP ---------------------------------------------------------------------------------------------------------------- State Applicable submittal/ Name of SIP provision geographic or effective EPA approval date Explanation nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * City of Albuquerque Progress City of Albuquerque- 6/24/2016 12/12/2017, Report for the State Bernalillo County. [Insert Federal Implementation Plan for Register Regional Haze. citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-26661 Filed 12-11-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations 58347
requirements for major sources of material, such as copyrighted material, impose additional requirements beyond
volatile organic compounds (VOC). is not placed on the internet and will be those imposed by state law. For that
(2) The remainder of New York’s publicly available only in hard copy reason, this action:
December 22, 2014 RACT analysis plan, form. Publicly available docket • Is not a ‘‘significant regulatory
pursuant to the 2008 8-hour ozone materials are available either action’’ subject to review by the Office
NAAQS as applied to the entire State, electronically through http:// of Management and Budget under
including the New York portion of the www.regulations.gov or in hard copy at Executive Orders 12866 (58 FR 51735,
NY-NJ-CT and the Jamestown 8-hour the EPA Region 6, 1445 Ross Avenue, October 4, 1993) and 13563 (76 FR 3821,
ozone marginal nonattainment areas, Suite 700, Dallas, Texas 75202–2733. January 21, 2011);
and as it applies to non-CTG major FOR FURTHER INFORMATION CONTACT: • Is not an Executive Order 13771 (82
sources of VOCs and to major sources of James E. Grady, (214) 665–6745; FR 9339, February 2, 2017) regulatory
oxides of nitrogen (NOX), is approved. grady.james@epa.gov. action because SIP approvals are
(3) The December 22, 2014 New York SUPPLEMENTARY INFORMATION: exempted under Executive Order 12866;
plan submittal providing a Throughout this document ‘‘we,’’ ‘‘us,’’ • Does not impose an information
nonattainment new source review or ‘‘our’’ each mean ‘‘the EPA.’’ collection burden under the provisions
(NNSR) certification as sufficient for of the Paperwork Reduction Act (44
purposes of the state-wide 2008 8-hour I. Background U.S.C. 3501 et seq.);
ozone NAAQS, including the New York The background for this action is • Is certified as not having a
portion of the NY-NJ-CT and the discussed in detail in the October 2, significant economic impact on a
Jamestown 8-hour ozone nonattainment 2017 proposal (82 FR 45762). In that substantial number of small entities
areas, is approved. document the EPA proposed to approve under the Regulatory Flexibility Act (5
[FR Doc. 2017–26657 Filed 12–11–17; 8:45 am] the County’s regional haze progress U.S.C. 601 et seq.);
BILLING CODE 6560–50–P report SIP revision (submitted on June • Does not contain any unfunded
24, 2016) as meeting the applicable mandate or significantly or uniquely
regional haze requirements set forth in affect small governments, as described
ENVIRONMENTAL PROTECTION 40 CFR 51.309(d)(10). In addition, the in the Unfunded Mandates Reform Act
AGENCY EPA proposed to approve the County’s of 1995 (Pub. L. 104–4);
determination that the current regional • Does not have Federalism
40 CFR Part 52 haze SIP is adequate to meet the State’s implications as specified in Executive
2018 RPGs for the first planning period Order 13132 (64 FR 43255, August 10,
[EPA–R06–OAR–2016–0406; FRL–9971–43–
Region 6] and does not require further substantive 1999);
revision to achieve the established • Is not an economically significant
Approval and Promulgation of regional haze goals. The public regulatory action based on health or
Implementation Plans; New Mexico; comment period for the proposal closed safety risks subject to Executive Order
Albuquerque and Bernalillo County; on November 1, 2017. The EPA did not 13045 (62 FR 19885, April 23, 1997);
Regional Haze Progress Report State receive any comments regarding the • Is not a significant regulatory action
Implementation Plan proposal during its public comment subject to Executive Order 13211 (66 FR
period. 28355, May 22, 2001);
AGENCY: Environmental Protection • Is not subject to requirements of
Agency (EPA). II. Final Action section 12(d) of the National
ACTION: Final rule. The EPA is approving the County’s Technology Transfer and Advancement
regional haze progress report SIP Act of 1995 (15 U.S.C. 272 note) because
SUMMARY: Pursuant to the Federal Clean application of those requirements would
revision (submitted on June 24, 2016) as
Air Act (CAA or the Act), the be inconsistent with the CAA; and
meeting the applicable regional haze
Environmental Protection Agency (EPA) • Does not provide EPA with the
requirements set forth in 40 CFR
is approving a revision to a State discretionary authority to address, as
51.309(d)(10)(i)(A) through (G). The
Implementation Plan (SIP) for the City appropriate, disproportionate human
EPA is also approving the County’s
of Albuquerque and Bernalillo County, health or environmental effects, using
determination that the current regional
New Mexico (the County) submitted by practicable and legally permissible
haze SIP requires no further substantive
the Governor on June 24, 2016. The SIP methods, under Executive Order 12898
revision at this time in order to achieve
revision addresses requirements of the (59 FR 7629, February 16, 1994).
the established 2018 RPGs for visibility
Act and the EPA’s rules that require the In addition, the SIP is not approved
improvement and emission reduction
County to submit a periodic report (40 CFR 51.309(d)(10)(ii)). This action is to apply on any Indian reservation land
assessing reasonable progress goals being taken under section 110 of the or in any other area where EPA or an
(RPGs) for regional haze with a Act. Indian tribe has demonstrated that a
determination of the adequacy of the tribe has jurisdiction. In those areas of
existing regional haze SIP. III. Statutory and Executive Order Indian country, the rule does not have
DATES: This rule is effective on January Reviews tribal implications and will not impose
11, 2018. Under the CAA, the Administrator is substantial direct costs on tribal
ADDRESSES: The EPA has established a required to approve a SIP submission governments or preempt tribal law as
docket for this action under Docket ID that complies with the provisions of the specified by Executive Order 13175 (65
No. EPA–R06–OAR–2016–0406. All Act and applicable Federal regulations. FR 67249, November 9, 2000).
42 U.S.C. 7410(k); 40 CFR 52.02(a). The Congressional Review Act, 5
ethrower on DSK3G9T082PROD with RULES
documents in the docket are listed at the
http://www.regulations.gov website. Thus, in reviewing SIP submissions, the U.S.C. 801 et seq., as added by the Small
Although listed in the index, some EPA’s role is to approve state choices, Business Regulatory Enforcement
information is not publicly available, provided that they meet the criteria of Fairness Act of 1996, generally provides
e.g., Confidential Business Information the CAA. Accordingly, this action that before a rule may take effect, the
or other information whose disclosure is merely approves state law as meeting agency promulgating the rule must
restricted by statute. Certain other Federal requirements and does not submit a rule report, which includes a
VerDate Sep<11>2014 16:52 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\12DER1.SGM 12DER1](https://thefederalregister.org/doc/82_FR_58584/page/1.svg)
![58348 Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
copy of the rule, to each House of the extend the time within which a petition PART 52—APPROVAL AND
Congress and to the Comptroller General for judicial review may be filed, and PROMULGATION OF
of the United States. The EPA will shall not postpone the effectiveness of IMPLEMENTATION PLANS
submit a report containing this action such rule or action. This action may not
and other required information to the be challenged later in proceedings to ■ 1. The authority citation for part 52
U.S. Senate, the U.S. House of enforce its requirements. (See section continues to read as follows:
Representatives, and the Comptroller 307(b)(2)).
Authority: 42 U.S.C. 7401 et seq.
General of the United States prior to List of Subjects in 40 CFR Part 52
publication of the rule in the Federal Subpart GG—New Mexico
Register. A major rule cannot take effect Environmental protection, Air
until 60 days after it is published in the pollution control, Best available retrofit
technology, Carbon monoxide, ■ 2. In § 52.1620(e), the second table
Federal Register. This action is not a titled ‘‘EPA Approved Nonregulatory
‘‘major rule’’ as defined by 5 U.S.C. Incorporation by reference,
Intergovernmental relations, Lead, Provisions and Quasi-Regulatory
804(2). Measures in the New Mexico SIP’’ is
Nitrogen dioxide, Ozone, Particulate
Under section 307(b)(1) of the CAA, matter, Regional haze, Reporting and amended by adding an entry for ‘‘City
petitions for judicial review of this recordkeeping requirements, Sulfur of Albuquerque Progress Report for the
action must be filed in the United States dioxide, Visibility, Volatile organic State Implementation Plan for Regional
Court of Appeals for the appropriate compounds. Haze’’ at the end of the table to read as
circuit by February 12, 2018. Filing a follows:
Dated: December 5, 2017.
petition for reconsideration by the
Samuel Coleman, § 52.1620 Identification of plan.
Administrator of this final rule does not
affect the finality of this action for the Acting Regional Administrator, Region 6. * * * * *
purposes of judicial review nor does it 40 CFR part 52 is amended as follows: (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State
Applicable submittal/ EPA approval
Name of SIP provision geographic or Explanation
effective date
nonattainment area date
* * * * * * *
City of Albuquerque Progress Report for the State City of Albuquerque- 6/24/2016 12/12/2017, [Insert Fed-
Implementation Plan for Regional Haze. Bernalillo County. eral Register citation].
[FR Doc. 2017–26661 Filed 12–11–17; 8:45 am] improve the effectiveness of civil 2. Overview of Final Rule
BILLING CODE 6560–50–P monetary penalties and to maintain The 2015 Act requires agencies to: (1)
their deterrent effect. This final rule Adjust the level of civil monetary
finalizes the catch-up inflation penalties with an initial ‘‘catch-up’’
NATIONAL FOUNDATION FOR THE adjustment interim final rule required adjustment through an interim final
ARTS AND HUMANITIES by the Inflation Adjustment Act. rulemaking; and (2) make subsequent
DATES: Effective date: This rule is annual adjustments for inflation.
National Endowment for the Arts Inflation adjustments will be based on
effective December 12, 2017.
the percent change in the Consumer
45 CFR Parts 1149 and 1158 FOR FURTHER INFORMATION CONTACT: Price Index for all Urban Consumers
RIN 3135–AA33 Aswathi Zachariah, Assistant General (CPI–U) for the month of October
Counsel, National Endowment for the preceding the date of the adjustment,
Federal Civil Penalties Adjustments Arts, 400 7th St. SW, Washington, DC relative to the October CPI–U in the year
20506, Telephone: 202–682–5418. of the previous adjustment.
AGENCY: National Endowment for the The Office of Management and Budget
Arts, National Foundation for the Arts SUPPLEMENTARY INFORMATION: has issued two memoranda, providing
And Humanities. guidance on implementing and
1. Background
ACTION: Final rule. calculating adjustments.1
On June 15, 2017 the NEA issued an In the IFR, the NEA identified two
SUMMARY: The National Endowment for interim final rule entitled civil penalties in its regulations that
the Arts (NEA) is adjusting the require adjustment: (1) The penalty
‘‘Implementing the Federal Civil
maximum civil monetary penalties that associated with Restrictions on
Penalties Adjustment Act Improvements
may be imposed for violations of the Lobbying (45 CFR 1158.400; 45 CFR part
Act of 2015’’ (the IFR) to implement the
Program Fraud Civil Remedies Act 1158, app. A) and (2) the penalty
(PFCRA) and the NEA’s Restrictions on required catch-up and annual
associated with the Program Fraud Civil
Lobbying to reflect the requirements of adjustments to the NEA’s civil monetary
ethrower on DSK3G9T082PROD with RULES
Remedies Act (45 CFR 1149.9). The
the Federal Civil Penalties Inflation penalties. (See 82 FR 27431) This rule NEA received no comments in response
Adjustment Act Improvements Act of finalizes the catch-up adjustment to the IFR and the proposed adjustments
2015 (the 2015 Act). The 2015 Act interim final rule and outlines the and therefore will continue to publish
further amended the Federal Civil required annual adjustment of civil subsequent annual adjustments in
Penalties Inflation Adjustment Act of penalties in accordance with the 2015
1990 (the Inflation Adjustment Act) to Act, as amended. 1 OMB Memoranda M–16–06 and M–17–11.
VerDate Sep<11>2014 16:52 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\12DER1.SGM 12DER1](https://thefederalregister.org/doc/82_FR_58584/page/2.svg)
Document Created: 2018-10-25 10:48:31
Document Modified: 2018-10-25 10:48:31
| 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 rule is effective on January 11, 2018. | |
| Contact | James E. Grady, (214) 665-6745; [email protected] | |
| FR Citation | 82 FR 58347 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Best Available Retrofit Technology; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Regional Haze; Reporting and Recordkeeping Requirements; Sulfur Dioxide; Visibility and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR