82 FR 59521 - Approval of Arizona Air Plan Revision; San Manuel, Arizona; Second 10-Year Sulfur Dioxide Maintenance Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 240 (December 15, 2017)
Federal Register Volume 82, Issue 240 (December 15, 2017)
| Page Range | 59521-59523 | |
| FR Document | 2017-26971 |
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)] [Rules and Regulations] [Pages 59521-59523] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26971] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0377; FRL-9972-03-Region 9] Approval of Arizona Air Plan Revision; San Manuel, Arizona; Second 10-Year Sulfur Dioxide Maintenance Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final rulemaking action to approve, as part of the State Implementation Plan (SIP) for the State of Arizona, the second 10-year maintenance plan for the San Manuel area for the 1971 National Ambient Air Quality Standards (``standards'') for sulfur dioxide (SO2 ). DATES: This final rule is effective on January 16, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0377. 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., Confidential Business Information (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: Ashley Graham, EPA Region IX, (415) 972-3877, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the words ``we,'' ``us,'' or ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On October 5, 2017 (82 FR 46444), the EPA proposed to approve the second 10-year maintenance plan for the San [[Page 59522]] Manuel, Arizona SO2 maintenance area. Submitted by the Arizona Department of Environmental Quality on April 21, 2017, the San Manuel second 10-year maintenance plan (``plan'') demonstrates maintenance of the 1971 SO2 standards through the second maintenance period of 2018-2028. We proposed to approve the plan because we determined that it complied with the relevant Clean Air Act (CAA or ``Act'') requirements. Our proposed action contains more information on the plan and our evaluation (82 FR 46444, October 5, 2017). II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received one anonymous comment on October 10, 2017. The comment raised issues that are outside the scope of our proposed approval of the San Manuel second 10-year maintenance plan. III. EPA Action The EPA is taking final rulemaking action to approve the San Manuel second 10-year SO2 maintenance plan under sections 110 and 175A of the CAA. As authorized in section 110(k)(3) of the Act, the EPA is approving the submitted SIP revision because it fulfills all relevant requirements. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 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). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it publishes 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 13, 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 approving the revision to the State of Arizona's SIP 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, Reporting and recordkeeping requirements, Sulfur dioxide. Authority: 42 U.S.C. 7401 et seq. Dated: December 5, 2017. Alexis Strauss, Acting Regional Administrator, EPA Region IX. Chapter I, title 40 of the Code of Federal Regulations 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 D--Arizona 0 2. In Sec. 52.120, table 1 in paragraph (e) is amended by adding the entry ``San Manuel Sulfur Dioxide Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient Air Quality Standards (April 2017)'' to read as follows: Sec. 52.120 Identification of plan. * * * * * (e) * * * [[Page 59523]] Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\ ---------------------------------------------------------------------------------------------------------------- Applicable geographic or Name of SIP provision nonattainment State submittal date EPA approval Explanation area or title/ date subject ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas) ---------------------------------------------------------------------------------------------------------------- * * * * * * * San Manuel Sulfur Dioxide San Manuel Sulfur April 21, 2017........... December 15, Adopted by the Maintenance Plan Renewal, Dioxide Air 2017, [insert Arizona 1971 Sulfur Dioxide National Quality Planning Federal Department of Ambient Air Quality Standards Area. Register Environmental (April 2017). citation]. Quality on April 21, 2017. Fulfills requirements for second 10- year maintenance plan. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas. * * * * * [FR Doc. 2017-26971 Filed 12-14-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations 59521
22a–174–30a, see paragraph (B) ‘‘Control of Organic Compound Environmental Protection, dated
(c)(117)(i)(B). Emissions,’’ Regulation 22a–174–30a September 14, 2015, submitting a
* * * * * ‘‘Stage I Vapor Recovery,’’ effective July revision to the Connecticut State
(117) Revisions to the State 8, 2015, as published in the Connecticut Implementation Plan.
Implementation Plan submitted by the Law Journal on November 24, 2015.
■ 3. In § 52.385, Table 52.385 is
Connecticut Department of Energy and (C) ‘‘Control of Organic Compound
amended by: Adding entries under
Environmental Protection on September Emissions,’’ Regulation 22a–174–
existing state citations 22a–174–20 and
14, 2015. 32(b)(3), effective July 8, 2015, as
(i) Incorporation by reference 22a–174–30; adding an entry for state
published in the Connecticut Law
(A) ‘‘Control of Organic Compound citation 22a–174–30a; adding an entry
Journal on November 24, 2015.
Emissions,’’ Regulation 22a–174–20, the under existing state citation 22a–174–
(D) House Bill No. 6534, Public Act 32, and adding a new entry for new
sections listed below, effective July 8, No. 13–120, ‘‘An Act Concerning
2015, as published in the Connecticut Connecticut Public Act 13–120 to the
Gasoline Vapor Recovery Systems,’’ end of the table to read as follows:
Law Journal on November 24, 2015. approved June 18, 2013.
(1) Section 20(a)(7);
(2) Section (b)(10); (ii) Additional materials. § 52.385 EPA-approved Connecticut
(3) Sections (b)(12) through (b)(16); (A) Letter from the Connecticut regulations.
(4) Section (20)(ee) Department of Energy and * * * * *
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut State Federal Register
Title/subject Date Date Section 52.370 Comments/description
citation citation
adopted by approved by
State EPA
* * * * * * *
22a–174–20 ................ Control of Organic 7/8/15 12/15/2017 [Insert Federal Reg- (c)117 .............. Removes sections (b)(6)–(b)(9) and (b)(11),
Compound Emis- ister citation]. Revises sections (a)(7), (b)(10), sections
sions. (b)(12)–(b)(16), and section (ee).
* * * * * * *
22a–174–30 ................ Dispensing of Gaso- 7/8/15 12/15/2017 [Insert Federal Reg- (c)117 .............. 22a–174–30 was repealed by CT and with-
line/Stage II Vapor ister citation]. drawn from the SIP and replaced by
Recovery. 22a–174–30a.
22a–174–30a .............. Stage I Vapor Recov- 7/8/15 12/15/2017 [Insert Federal Reg- (c)117 .............. Replaces the repealed section 22a–174–
ery. ister citation]. 30.
* * * * * * *
22a–174–32 ................ Reasonably available 7/8/15 12/15/2017 [Insert Federal Reg- (c)117 .............. Revises section (b)(3).
control technology ister citation].
for volatile organic
compounds.
* * * * * * *
Connecticut Public Act An act concerning 6/18/13 12/15/2017 [Insert Federal Reg- (c)117 .............. Revises section 22a–174e of the Con-
No. 13–120. gasoline Vapor re- ister citation]. necticut General Statutes to require de-
covery systems. commissioning of Stage II Vapor Recov-
ery Systems.
[FR Doc. 2017–26900 Filed 12–14–17; 8:45 am] of Arizona, the second 10-year available through https://
BILLING CODE 6560–50–P maintenance plan for the San Manuel www.regulations.gov, or please contact
area for the 1971 National Ambient Air the person identified in the FOR FURTHER
Quality Standards (‘‘standards’’) for INFORMATION CONTACT section for
ENVIRONMENTAL PROTECTION sulfur dioxide (SO2). additional availability information.
AGENCY DATES: This final rule is effective on FOR FURTHER INFORMATION CONTACT:
January 16, 2018. Ashley Graham, EPA Region IX, (415)
40 CFR Part 52
ADDRESSES: The EPA has established a 972–3877, graham.ashleyr@epa.gov.
[EPA–R09–OAR–2017–0377; FRL–9972–03– docket for this action under Docket ID
Region 9] SUPPLEMENTARY INFORMATION:
No. EPA–R09–OAR–2017–0377. All Throughout this document, the words
documents in the docket are listed on ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to the EPA.
Approval of Arizona Air Plan Revision;
the https://www.regulations.gov
San Manuel, Arizona; Second 10-Year Table of Contents
website. Although listed in the index,
Sulfur Dioxide Maintenance Plan
some information is not publicly I. Proposed Action
AGENCY: Environmental Protection available, e.g., Confidential Business II. Public Comments and EPA Responses
nshattuck on DSK9F9SC42PROD with RULES
Agency (EPA). Information (CBI) or other information III. EPA Action
ACTION: Final rule. whose disclosure is restricted by statute. IV. Statutory and Executive Order Reviews
Certain other material, such as
I. Proposed Action
SUMMARY: The Environmental Protection copyrighted material, is not placed on
Agency (EPA) is taking final rulemaking the internet and will be publicly On October 5, 2017 (82 FR 46444), the
action to approve, as part of the State available only in hard copy form. EPA proposed to approve the second 10-
Implementation Plan (SIP) for the State Publicly available docket materials are year maintenance plan for the San
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![Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations 59523
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable geographic or
Name of SIP provision nonattainment area or title/ State submittal date EPA approval date Explanation
subject
* * * * * * *
Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
* * * * * * *
San Manuel Sulfur Dioxide San Manuel Sulfur Dioxide April 21, 2017 ........ December 15, 2017, [insert Adopted by the Arizona De-
Maintenance Plan Re- Air Quality Planning Area. Federal Register citation]. partment of Environmental
newal, 1971 Sulfur Dioxide Quality on April 21, 2017.
National Ambient Air Qual- Fulfills requirements for
ity Standards (April 2017). second 10-year mainte-
nance plan.
* * * * * * *
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropoli-
tan Phoenix and Tucson Areas.
* * * * * gray triggerfish stock and achieve Amendment 46 and implemented by
[FR Doc. 2017–26971 Filed 12–14–17; 8:45 am] optimum yield (OY). this final rule is provided below.
BILLING CODE 6560–50–P DATES: This final rule is effective
The most recent Southeast Data,
January 16, 2018. Assessment, and Review (SEDAR) stock
assessment for gray triggerfish was
ADDRESSES: Electronic copies of completed and reviewed by the
DEPARTMENT OF COMMERCE Amendment 46, which includes an Council’s Scientific and Statistical
environmental assessment, a fishery Committee (SSC) in October 2015
National Oceanic and Atmospheric impact statement, a Regulatory (SEDAR 43). SEDAR 43 indicated that
Administration Flexibility Act (RFA) analysis, and a the gray triggerfish stock was not
regulatory impact review, may be experiencing overfishing but remained
50 CFR Part 622 obtained from the Southeast Regional overfished and would not be rebuilt by
Office website at http:// the end of 2017 as previously projected.
[Docket No. 170505465–7999–02] sero.nmfs.noaa.gov/sustainable_ On November 2, 2015, NMFS notified
RIN 0648–BG87
fisheries/gulf_fisheries/reef_fish/2017/ the Council that the gray triggerfish
am46_gray_trigger/documents/pdfs/ stock was not making adequate progress
Reef Fish Fishery of the Gulf of gulf_reef_am46_gray_trigg_final.pdf. toward rebuilding, and the Council
Mexico; Gray Triggerfish Management FOR FURTHER INFORMATION CONTACT: subsequently began development of
Measures; Amendment 46 Lauren Waters, Southeast Regional Amendment 46 to establish a new
Office, NMFS, telephone: 727–824– rebuilding time period and other
AGENCY: National Marine Fisheries management measures to achieve OY
5305; email: Lauren.Waters@noaa.gov.
Service (NMFS), National Oceanic and and rebuild the stock.
Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: NMFS and
Commerce. the Council manage the Gulf reef fish Management Measures Contained in
fishery, which includes gray triggerfish, This Final Rule
ACTION: Final rule.
under the FMP. The Council prepared For gray triggerfish, this final rule
SUMMARY: NMFS issues regulations to the FMP and NMFS implements the revises the recreational fixed closed
implement management measures FMP through regulations at 50 CFR part season, recreational bag limit,
described in Amendment 46 to the 622 under the authority of the recreational minimum size limit, and
Fishery Management Plan for the Reef Magnuson-Stevens Fishery commercial trip limit. NMFS and the
Fish Resources of the Gulf of Mexico Conservation and Management Act Council are implementing changes to
(FMP), as prepared by the Gulf of (Magnuson-Stevens Act) (16 U.S.C. 1801 the recreational management measures
Mexico Fishery Management Council et seq.). to help constrain recreational landings
(Council) (Amendment 46). For gray On August 30, 2017, NMFS published to the recreational annual catch target
triggerfish, this final rule revises the a notice of availability for Amendment (ACT) and to avoid triggering
recreational fixed closed season, 46 and requested public comment (82 accountability measures (AMs) resulting
recreational bag limit, recreational FR 41205). On September 25, 2017, in an in-season closure or post-season
nshattuck on DSK9F9SC42PROD with RULES
minimum size limit, and commercial NMFS published a proposed rule for payback that would occur if landings
trip limit. Additionally, Amendment 46 Amendment 46 and requested public exceed the recreational annual catch
establishes a new rebuilding time period comment (82 FR 44551). The proposed limit (ACL). The increase in the
for the Gulf of Mexico (Gulf) gray rule and Amendment 46 outline the commercial trip limit will allow those
triggerfish stock. The purpose of this rationale for the actions contained in commercial fishermen who encounter
final rule is to implement management this final rule. A summary of the gray triggerfish to harvest more fish per
measures to assist in rebuilding the Gulf management measures described in trip while continuing to constrain
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Document Created: 2017-12-15 03:37:32
Document Modified: 2017-12-15 03:37:32
| 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 on January 16, 2018. | |
| Contact | Ashley Graham, EPA Region IX, (415) 972-3877, [email protected] | |
| FR Citation | 82 FR 59521 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Dioxide |
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