83 FR 12493 - Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Infrastructure and Interstate Transport for the 2012 Fine Particulate Matter National Ambient Air Quality Standard and Revised Statutes
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 56 (March 22, 2018)
Federal Register Volume 83, Issue 56 (March 22, 2018)
| Page Range | 12493-12496 | |
| FR Document | 2018-05765 |
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)] [Rules and Regulations] [Pages 12493-12496] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05765] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0850; FRL-9975-60--Region 6] Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Infrastructure and Interstate Transport for the 2012 Fine Particulate Matter National Ambient Air Quality Standard and Revised Statutes 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 State Implementation Plan (SIP) revisions submitted by the State of New Mexico to address the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA or Act) for the 2012 fine particulate matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS). These requirements are designed to ensure that the structural components of each state's air quality program are adequate to meet the state's responsibility under the CAA (infrastructure SIP or i-SIP). EPA is also approving an update to the New Mexico [[Page 12494]] statutes pertaining to conflicts of interest. DATES: This rule is effective on April 23, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2015-0850. All documents in the docket are listed on 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: Sherry Fuerst, (214) 665-6454, fuerst.sherry@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background The background for this action is discussed in detail in our December 26, 2017 proposal (82 FR 60933). In that document we proposed to approve the August 6, 2015 and December 8, 2015, i-SIP submittals from the New Mexico Environment Department and Albuquerque-Bernalillo County pertaining to the implementation, maintenance and enforcement of the 2012 PM2.5 NAAQS in New Mexico and all four of the interstate transport requirements. We also proposed to approve as part of the SIP the updates to the New Mexico statutes pertaining to conflicts of interest. We did not receive any comments regarding our proposal. II. Final Action We are approving the August 6, 2015 and December 8, 2015, i-SIP submittals pertaining to implementation, maintenance, and enforcement of the 2012 PM2.5 NAAQS, including all the transport sub- elements (CAA section 110(a)(2)(D)). We are also approving the portions of the updated statutes pertaining to conflicts of interest (CAA section 110(a)(2)(E)(ii)) in the New Mexico August 6, 2015 SIP submittal. The portions of the SIP submittal pertaining to the other Statute updates will be addressed at a later date. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the revisions to the New Mexico Statutes as described in the Final Action section above. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 6 Office (please contact Sherry Fuerst in the For Further Information Contact section for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation (62 FR 27968, May 22, 1997). IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 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 copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 21, 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).) [[Page 12495]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: March 16, 2018. Anne Idsal, 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 paragraph (e) is amended: 0 a. In the first table titled ``EPA Approved New Mexico Statutes in the Current New Mexico SIP'' by revising the title to read ``EPA Approved New Mexico Statutes''; revising the first centered heading to read ``New Mexico Statutes''; adding a new centered heading for ``Chapter 10--Public Officers and Employees'' followed by new entries for Sections 10-16-1 to 10-16-4, 10-16-6 to 10-16-9, 10-16-11, 10-16-13, and 10-16-14; adding a new centered heading for ``Chapter 74-- Environmental Improvement''; revising the entries for Sections 74-1-4 and 74-2-4; and removing the entries for ``Article 16, Sections 10-16-1 through 10-16-16'' and ``Article 16, Supplemental''; 0 b. In the second table titled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP'' by adding an entry at the end for ``Infrastructure and interstate transport for the 2012 PM 2.5 NAAQS''. The amendments read as follows: Sec. 52.1620 Identification of plan. * * * * * (e) * * * EPA-Approved New Mexico Statutes ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- New Mexico Statutes ---------------------------------------------------------------------------------------------------------------- Chapter 10--Public Officers and Employees ---------------------------------------------------------------------------------------------------------------- 10-16-1................. Short Title............ 8/6/2015 3/22/2018, [Insert ....................... Governmental Conduct Federal Register Act. citation]. 10-16-2................. Definitions............ 8/6/2015 3/22/2018, [Insert ....................... Federal Register citation]. 10-16-3................. Ethical principles of 8/6/2015 3/22/2018, [Insert ....................... public service; Federal Register certain official acts citation]. prohibited; penalty. 10-16-4................. Official act for 8/6/2015 3/22/2018, [Insert ....................... personal financial Federal Register interest prohibited; citation]. disqualification from official act; providing a penalty. 10-16-6................. Confidential 8/6/2015 3/22/2018, [Insert ....................... information. Federal Register citation]. 10-16-7................. Contracts involving 8/6/2015 3/22/2018, [Insert ....................... public officers or Federal Register employees. citation]. 10-16-8................. Contracts involving 8/6/2015 3/22/2018, [Insert ....................... former public officers Federal Register or employees; citation]. representation of clients after government service. 10-16-9................. Contracts involving 8/6/2015 3/22/2018, [Insert ....................... legislators; Federal Register representation before citation]. state agencies. 10-16-11................ Codes of conduct....... 8/6/2015 3/22/2018, [Insert Includes New Mexico Federal Register Environmental Board citation]. Code of Conduct approved by the Governor on February 27, 1990 (64 FR 29235). 10-16-13................ Prohibited bidding..... 8/6/2015 3/22/2018, [Insert ....................... Federal Register citation]. 10-16-14................ Enforcement procedures. 7/16/1990 3/22/2018, [Insert ....................... Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- Chapter 74--Environmental Improvement ---------------------------------------------------------------------------------------------------------------- 74-1-4.................. Environmental 8/6/2015 3/22/2018, [Insert Approved for State improvement board; Federal Register Board Composition and creation; organization. citation]. Conflict of Interest Provisions. * * * * * * * 74-2-4.................. Local authority........ 8/6/2015 3/22/2018, [Insert Approved for for State Federal Register Board Composition and citation]. Conflict of Interest Provisions. * * * * * * * ---------------------------------------------------------------------------------------------------------------- EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Mexico SIP ---------------------------------------------------------------------------------------------------------------- Applicable geographic or State submittal/ Name of SIP provision nonattainment effective date EPA approval date Explanation area ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure and interstate Statewide........ 8/6/2015, 12/8/ 3/22/2018, SIPs adopted by: NMED transport for the 2012 PM2.5 2015. [Insert Federal and City of NAAQS. Register Albuquerque citation]. ---------------------------------------------------------------------------------------------------------------- [[Page 12496]] [FR Doc. 2018-05765 Filed 3-21-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations 12493
• Does not contain any unfunded tribal implications and will not impose and shall not postpone the effectiveness
mandate or significantly or uniquely substantial direct costs on tribal of such rule or action. This action may
affect small governments, as described governments or preempt tribal law as not be challenged later in proceedings to
in the Unfunded Mandates Reform Act specified by Executive Order 13175 (65 enforce its requirements. (See section
of 1995 (Pub. L. 104–4); FR 67249, November 9, 2000). 307(b)(2).)
• Does not have Federalism The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small List of Subjects in 40 CFR Part 52
implications as specified in Executive
Order 13132 (64 FR 43255, August 10, Business Regulatory Enforcement Environmental protection, Air
1999); Fairness Act of 1996, generally provides pollution control, Incorporation by
• Is not an economically significant that before a rule may take effect, the reference, Intergovernmental relations,
regulatory action based on health or agency promulgating the rule must Nitrogen Dioxide, Reporting and
safety risks subject to Executive Order submit a rule report, which includes a recordkeeping requirements.
13045 (62 FR 19885, April 23, 1997); copy of the rule, to each House of the Dated: March 7, 2018.
• Is not a significant regulatory action Congress and to the Comptroller General James B. Gulliford,
subject to Executive Order 13211 (66 FR of the United States. EPA will submit a Regional Administrator, Region 7.
28355, May 22, 2001); report containing this action and other
• Is not subject to requirements of required information to the U.S. Senate, For the reasons stated in the
Section 12(d) of the National the U.S. House of Representatives, and preamble, EPA amends 40 CFR part 52
Technology Transfer and Advancement the Comptroller General of the United as set forth below:
Act of 1995 (15 U.S.C. 272 note) because States prior to publication of the rule in
application of those requirements would the Federal Register. A major rule PART 52—APPROVAL AND
be inconsistent with the Clean Air Act; cannot take effect until 60 days after it PROMULGATION OF
and is published in the Federal Register. IMPLEMENTATION PLANS
• Does not provide EPA with the This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
discretionary authority to address, as defined by 5 U.S.C. 804(2). continues to read as follows:
appropriate, disproportionate human Under section 307(b)(1) of the Clean
health or environmental effects, using Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq.
practicable and legally permissible this action must be filed in the United
Subpart Q—Iowa
methods, under Executive Order 12898 States Court of Appeals for the
(59 FR 7629, February 16, 1994). appropriate circuit by May 21, 2018. ■ 2. Section 52.820 is amended by
In addition, the SIP is not approved Filing a petition for reconsideration by adding paragraph (e)(48) to read as
to apply on any Indian reservation land the Administrator of this final rule does follows:
or in any other area where EPA or an not affect the finality of this action for
Indian tribe has demonstrated that a the purposes of judicial review nor does § 52.820 Identification of plan.
tribe has jurisdiction. In those areas of it extend the time within which a * * * * *
Indian country, the rule does not have petition for judicial review may be filed, (e) * * *
EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS
Applicable geographic
Name of nonregulatory State submittal EPA approval
or Explanation
SIP revision date date
nonattainment area
* * * * * * *
(48) Sections 110(a)(1) Statewide .................... 7/23/2013, 3/1/2017 .... 3/22/2018, [Insert This action addresses the following CAA ele-
and (2) Infrastructure Federal Reg- ments: 110(a)(2)(A), (B), (C), (D)(i)(I) prongs
Requirements 2010 ister citation]. 1 and 2, D(i)(II) prong 3 only, D(ii), (E), (F),
Nitrogen Dioxide (G), (H), (J), (K), (L), and (M). [EPA–R07–
NAAQS. OAR–2017–0208; FRL–9975–69—Region
7].
[FR Doc. 2018–05537 Filed 3–21–18; 8:45 am] ENVIRONMENTAL PROTECTION SUMMARY: Pursuant to the Federal Clean
BILLING CODE 6560–50–P AGENCY Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
40 CFR Part 52 is approving State Implementation Plan
[EPA–R06–OAR–2015–0850; FRL–9975–
(SIP) revisions submitted by the State of
60—Region 6] New Mexico to address the
requirements of section 110(a)(1) and (2)
Approval and Promulgation of Air of the Clean Air Act (CAA or Act) for
Quality Implementation Plans; New the 2012 fine particulate matter (PM2.5)
Mexico; Infrastructure and Interstate National Ambient Air Quality Standard
Transport for the 2012 Fine Particulate (NAAQS). These requirements are
daltland on DSKBBV9HB2PROD with RULES
Matter National Ambient Air Quality designed to ensure that the structural
Standard and Revised Statutes components of each state’s air quality
AGENCY: Environmental Protection program are adequate to meet the state’s
Agency (EPA). responsibility under the CAA
(infrastructure SIP or i-SIP). EPA is also
ACTION: Final rule.
approving an update to the New Mexico
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![Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations 12495
List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq. centered heading for ‘‘Chapter 74—
Environmental protection, Air Environmental Improvement’’; revising
Subpart GG—New Mexico the entries for Sections 74–1–4 and 74–
pollution control, Incorporation by
reference, Intergovernmental relations, 2–4; and removing the entries for
■ 2. In § 52.1620 paragraph (e) is ‘‘Article 16, Sections 10–16–1 through
Particulate matter, Reporting and amended:
recordkeeping requirements. 10–16–16’’ and ‘‘Article 16,
■ a. In the first table titled ‘‘EPA Supplemental’’;
Dated: March 16, 2018. Approved New Mexico Statutes in the ■ b. In the second table titled ‘‘EPA
Anne Idsal, Current New Mexico SIP’’ by revising Approved Nonregulatory Provisions and
Regional Administrator, Region 6. the title to read ‘‘EPA Approved New Quasi-Regulatory Measures in the New
40 CFR part 52 is amended as follows: Mexico Statutes’’; revising the first Mexico SIP’’ by adding an entry at the
centered heading to read ‘‘New Mexico end for ‘‘Infrastructure and interstate
PART 52—APPROVAL AND Statutes’’; adding a new centered transport for the 2012 PM2.5 NAAQS’’.
PROMULGATION OF heading for ‘‘Chapter 10—Public The amendments read as follows:
IMPLEMENTATION PLANS Officers and Employees’’ followed by
new entries for Sections 10–16–1 to 10– § 52.1620 Identification of plan.
■ 1. The authority citation for part 52 16–4, 10–16–6 to 10–16–9, 10–16–11, * * * * *
continues to read as follows: 10–16–13, and 10–16–14; adding a new (e) * * *
EPA-APPROVED NEW MEXICO STATUTES
State
State approval/ EPA approval
Title/subject Comments
citation effective date
date
New Mexico Statutes
Chapter 10—Public Officers and Employees
10–16–1 ........... Short Title ........................................................... 8/6/2015 3/22/2018, [Insert Federal Reg-
Governmental Conduct Act ................................ ister citation].
10–16–2 ........... Definitions ........................................................... 8/6/2015 3/22/2018, [Insert Federal Reg-
ister citation].
10–16–3 ........... Ethical principles of public service; certain offi- 8/6/2015 3/22/2018, [Insert Federal Reg-
cial acts prohibited; penalty. ister citation].
10–16–4 ........... Official act for personal financial interest prohib- 8/6/2015 3/22/2018, [Insert Federal Reg-
ited; disqualification from official act; pro- ister citation].
viding a penalty.
10–16–6 ........... Confidential information ..................................... 8/6/2015 3/22/2018, [Insert Federal Reg-
ister citation].
10–16–7 ........... Contracts involving public officers or employees 8/6/2015 3/22/2018, [Insert Federal Reg-
ister citation].
10–16–8 ........... Contracts involving former public officers or 8/6/2015 3/22/2018, [Insert Federal Reg-
employees; representation of clients after ister citation].
government service.
10–16–9 ........... Contracts involving legislators; representation 8/6/2015 3/22/2018, [Insert Federal Reg-
before state agencies. ister citation].
10–16–11 ......... Codes of conduct ............................................... 8/6/2015 3/22/2018, [Insert Federal Reg- Includes New Mexico Environmental Board
ister citation]. Code of Conduct approved by the Governor
on February 27, 1990 (64 FR 29235).
10–16–13 ......... Prohibited bidding .............................................. 8/6/2015 3/22/2018, [Insert Federal Reg-
ister citation].
10–16–14 ......... Enforcement procedures .................................... 7/16/1990 3/22/2018, [Insert Federal Reg-
ister citation].
Chapter 74—Environmental Improvement
74–1–4 ............. Environmental improvement board; creation; or- 8/6/2015 3/22/2018, [Insert Federal Reg- Approved for State Board Composition and
ganization. ister citation]. Conflict of Interest Provisions.
* * * * * * *
74–2–4 ............. Local authority .................................................... 8/6/2015 3/22/2018, [Insert Federal Reg- Approved for for State Board Composition and
ister citation]. Conflict of Interest Provisions.
* * * * * * *
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE MEXICO SIP
State
Applicable geographic
Name of SIP provision submittal/effective EPA approval date Explanation
daltland on DSKBBV9HB2PROD with RULES
or nonattainment area date
* * * * * * *
Infrastructure and interstate transport Statewide ..................... 8/6/2015, 12/8/2015 ..... 3/22/2018, [Insert Fed- SIPs adopted by: NMED and City of Albu-
for the 2012 PM2.5 NAAQS. eral Register cita- querque
tion].
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![12496 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
[FR Doc. 2018–05765 Filed 3–21–18; 8:45 am] Publicly available docket materials are EPA withdrew the DFR on November
BILLING CODE 6560–50–P available through https:// 28,2017. See 82 FR 56172.
www.regulations.gov or please contact
b. 2010 NO2 NAAQS
the person identified in the FOR FURTHER
ENVIRONMENTAL PROTECTION INFORMATION CONTACT section for On October 11, 2017, EPA proposed
AGENCY additional information. to approve certain elements of the 2010
FOR FURTHER INFORMATION CONTACT: NO2 NAAQS infrastructure SIP
40 CFR Part 52 Tracey Casburn, Environmental submission from the State of Missouri.
[EPA–R07–OAR–2015–0356; EPA–R07– Protection Agency, Air Planning and See 82 FR 47170. In conjunction with
OAR–2017–0268; EPA–R07–OAR–2017– Development Branch, 11201 Renner the October 11, 2017 NPR, EPA issued
0515; EPA–R07–OAR–2017–0513; FRL– Boulevard, Lenexa, Kansas 66219 at a DFR approving elements of the 2010
9975–71–Region 7] (913) 551–7016, or by email at NO2 NAAQS infrastructure SIP. See 82
casburn.tracey@epa.gov. FR 47154. In the DFR, EPA stated that
Approval of Implementation Plans; if adverse comments were submitted to
SUPPLEMENTARY INFORMATION:
State of Missouri; Elements of the EPA by November 13, 2017, the action
Infrastructure State Implementation Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section would be withdrawn and not take effect.
Plan Requirements for the 2008 Ozone, EPA received five sets of comments
2010 Nitrogen Dioxide, 2010 Sulfur provides additional information by
addressing the following: prior to the close of the comment
Dioxide, and 2012 Fine Particulate period; one set of comments was
Matter National Ambient Air Quality I. Background
a. 2008 Ozone NAAQS adverse, and four sets of comments were
Standards (NAAQS) not related to the action being taken by
b. 2010 NO2 NAAQS
AGENCY: Environmental Protection c. 2010 SO2 NAAQS EPA. Based on the adverse comment
Agency (EPA). d. 2012 PM2.5 NAAQS received, EPA withdrew the DFR on
ACTION: Final rule. II. What is being addressed in this document? December 8,2017. See 82 FR 57848.
a. 2008 Ozone NAAQS
SUMMARY: The Environmental Protection b. 2010 NO2 NAAQS c. 2010 SO2 NAAQS
Agency (EPA) is taking final action to c. 2010 SO2 NAAQS
d. 2012 PM2.5 NAAQS
On October 6, 2017, EPA proposed to
approve elements of a State approve certain elements of the 2010
e. Section 110(a)(2)(E)(ii)/section 128
Implementation Plan (SIP) submission III. Have the requirements for approval of a SO2 NAAQS infrastructure SIP
from the State of Missouri for the 2008 SIP submission been met? submission from the State of Missouri.
Ozone, 2010 Nitrogen Dioxide (NO2), a. 2008 Ozone NAAQS See 82 FR 46742. In conjunction with
2010 Sulfur Dioxide (SO2), and 2012 b. 2010 NO2 NAAQS the October 6, 2017 NPR, EPA issued a
Fine Particulate Matter (PM2.5) National c. 2010 SO2 NAAQS DFR approving elements of the 2010
Ambient Air Quality Standards d. 2012 PM2.5 NAAQS and Section SO2 NAAQS infrastructure SIP. See 82
(NAAQS). States are required to have a 110(a)(2)(E)(ii)/section 128 FR 46672. In the DFR, EPA stated that
SIP that provides for the IV. EPA’s Response to Comments
a. 2008 Ozone NAAQS
if adverse comments were submitted to
implementation, maintenance, and EPA by November 6, 2017, the action
b. 2010 NO2 NAAQS
enforcement of the NAAQS. Whenever c. 2010 SO2 NAAQS would be withdrawn and not take effect.
EPA promulgates a new or revised d. 2012 PM2.5 NAAQS and Section EPA received three sets of comments
NAAQS, states are required to make a 110(a)(2)(E)(ii)/section 128 prior to the close of the comment
SIP submission to establish that they V. What action is EPA taking? period; one set of comments was
have, or to add, the provisions necessary a. 2008 Ozone NAAQS adverse, and two sets of comments were
to address various requirements to b. 2010 NO2 NAAQS not directly related to the action being
address the new or revised NAAQS. c. 2010 SO2 NAAQS taken by EPA. EPA withdrew the DFR
These SIPs are commonly referred to as d. 2012 PM2.5 NAAQS
e. Section 110(a)(2)(E)(ii)/section 128
on November 28,2017. See 82 FR 56172.
‘‘infrastructure’’ SIPs. The infrastructure
VI. Statutory and Executive Order Reviews d. 2012 PM2.5 NAAQS
requirements are designed to ensure that
the structural components of each I. Background On October 11, 2017, EPA proposed
state’s air quality management program to approve certain elements of the 2012
are adequate to meet the state’s a. 2008 Ozone NAAQS PM2.5 NAAQS infrastructure SIP
responsibilities under the CAA. On October 6, 2017, EPA proposed to submission from the State of Missouri
DATES: This final rule is effective on approve certain elements of the 2008 and two state statutes into the Missouri
April 23, 2018. Ozone NAAQS infrastructure SIP SIP. See 82 FR 47169. In conjunction
ADDRESSES: EPA has established dockets submission from the State of Missouri. with the October 11, 2017 NPR, EPA
for this action under Docket ID Nos. See 82 FR 46741. In conjunction with issued a DFR approving elements of the
EPA–R07–OAR–2015–0356; EPA–R07– the October 6, 2017, notice of proposed 2012 PM2.5 NAAQS infrastructure SIP
OAR–2017–0268; EPA–R07–OAR– rulemaking (NPR), EPA issued a direct and the two state statutes into the SIP.
2017–0515; EPA–R07–OAR–2017–0513. final rule (DFR) approving elements of See 82 FR 47147. In the DFR, EPA stated
All documents in the dockets are listed the 2008 Ozone NAAQS infrastructure that if adverse comments were
on the https://www.regulations.gov SIP. See 82 FR 46679. In the DFR, EPA submitted to EPA by November 13,
website. Although listed in the index, stated that if adverse comments were 2017, the action would be withdrawn
some information is not publicly submitted to EPA by November 6, 2017, and not take effect. EPA received six
daltland on DSKBBV9HB2PROD with RULES
available, i.e., CBI or other information the action would be withdrawn and not sets of comments prior to the close of
whose disclosure is restricted by statute. take effect. EPA received two sets of the comment period; three sets of
Certain other material, such as comments prior to the close of the comments were adverse, and three sets
copyrighted material, is not placed on comment period; one set of comments of comments were not directly related to
the internet and will be publicly was adverse, and one was not directly the action. EPA withdrew the DFR on
available only in hard copy form. related to the action being taken by EPA. December 8, 2017. See 82 FR 57848.
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Document Created: 2018-03-22 01:25:08
Document Modified: 2018-03-22 01:25:08
| 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 April 23, 2018. | |
| Contact | Sherry Fuerst, (214) 665-6454, [email protected] | |
| FR Citation | 83 FR 12493 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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