83 FR 19438 - Approval and Promulgation of Implementation Plans; Louisiana; Interstate Transport Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 86 (May 3, 2018)
Federal Register Volume 83, Issue 86 (May 3, 2018)
| Page Range | 19438-19439 | |
| FR Document | 2018-09314 |
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)] [Rules and Regulations] [Pages 19438-19439] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09314] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0851; FRL-9977-02--Region 6] Approval and Promulgation of Implementation Plans; Louisiana; Interstate Transport Requirements for the 2012 PM2.5 NAAQS 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 portions of Louisiana's State Implementation Plan (SIP) submittal and a technical supplement, that address a CAA requirement that SIPs account for potential interstate transport of air pollution that significantly contributes to nonattainment or interferes with maintenance of the 2012 fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS) in other states. EPA finds that emissions from Louisiana sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. DATES: This rule is effective on June 4, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2015-0851. 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, [email protected]. 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 February 1, 2018 proposal (83 FR 4617). In that document we proposed to approve portions of Louisiana's State Implementation Plan (SIP) submittal and a technical supplement, that address a CAA requirement that SIPs account for potential interstate transport of air pollution that significantly contributes to nonattainment or interferes with maintenance of the 2012 PM2.5 NAAQS in other states. We proposed to determine that emissions from Louisiana sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. On March 6, 2018, we received six anonymous public comments on the proposed rulemaking action. The comments are posted to the docket (EPA- R06-OAR-2015-0851). Several of the commenters provided the air quality index for March 2, 2018 for various locations across the USA and compared them to various locations across Asia. Other commenters discussed the shortcomings of the tariffs and conflict minerals law. Such comments are not relevant to the Clean Air requirements being addressed here and are outside the scope of this specific rule making action. II. Final Action We are approving the portions of the December 11, 2015 Louisiana SIP revision pertaining to emissions that significantly contribute to nonattainment or interfere with maintenance of the 2012 PM2.5 NAAQS in other states and the supplemental information provided to us on July 7, 2017. We find that emissions from Louisiana sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. 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.); [[Page 19439]] 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 July 2, 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, Incorporation by reference, Particulate matter. Dated: April 25, 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 E--Louisiana 0 2. In Sec. 52.970, in paragraph (e), the second table titled ``EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by adding an entry at the end for ``Interstate transport for the 2012 PM 2.5 NAAQS (contribute to nonattainment or interfere with maintenance)'' to read as follows: Sec. 52.970 Identification of plan * * * * * (e) * * * EPA-Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- State Name of SIP provision Applicable geographic submittal/ EPA approval date Explanation or nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Interstate transport for the Statewide.............. 12/11/2015 5/3/2018, [Insert Adequate 2012 PM2.5 NAAQS (contribute 7/7/2017 Federal Register provisions to nonattainment or interfere citation]. prohibiting with maintenance). emissions which will contribute significantly to nonattainment in, or interfere with maintenance of the 2012 PM2.5 NAAQS in any other State. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-09314 Filed 5-2-18; 8:45 am] BILLING CODE 6560-50-P
![19438 Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations
Department of Homeland Security Delegation SUMMARY: Pursuant to the Federal Clean On March 6, 2018, we received six
No. 0170.1. Air Act (CAA or the Act), the anonymous public comments on the
■ 2. Add § 165.T09–0397 to read as Environmental Protection Agency (EPA) proposed rulemaking action. The
follows: is approving portions of Louisiana’s comments are posted to the docket
State Implementation Plan (SIP) (EPA–R06–OAR–2015–0851). Several of
§ 165.T09–0397 Safety Zone; Straits of submittal and a technical supplement, the commenters provided the air quality
Mackinac, Mackinaw City, MI. that address a CAA requirement that index for March 2, 2018 for various
(a) Location. The following area is a SIPs account for potential interstate locations across the USA and compared
safety zone: All navigable waters of the transport of air pollution that them to various locations across Asia.
Straits of Mackinac, from surface to significantly contributes to Other commenters discussed the
bottom, within a 500 yard radius around nonattainment or interferes with shortcomings of the tariffs and conflict
construction equipment vessels. maintenance of the 2012 fine particulate minerals law. Such comments are not
(b) Definitions. As used in this matter (PM2.5) National Ambient Air relevant to the Clean Air requirements
section, designated representative Quality Standards (NAAQS) in other being addressed here and are outside
means a Coast Guard petty officer, states. EPA finds that emissions from the scope of this specific rule making
warrant officer, or commissioned officer Louisiana sources do not contribute action.
and any Federal, State, and local officer significantly to nonattainment in, or
designated by or assisting the Captain of interfere with maintenance by, any II. Final Action
the Port Sault Sainte Marie (COTP) in other state with regard to the 2012 PM2.5 We are approving the portions of the
the enforcement of the safety zone. NAAQS. December 11, 2015 Louisiana SIP
(c) Regulations. (1) Under the general DATES: This rule is effective on June 4, revision pertaining to emissions that
safety zone regulations in subpart C of 2018. significantly contribute to
this part, you may not enter the safety ADDRESSES: The EPA has established a nonattainment or interfere with
zone described in paragraph (a) of this docket for this action under Docket ID maintenance of the 2012 PM2.5 NAAQS
section unless authorized by the COTP No. EPA–R06–OAR–2015–0851. All in other states and the supplemental
or the COTP’s designated representative. documents in the docket are listed on information provided to us on July 7,
(2) To seek permission to enter, the http://www.regulations.gov website. 2017. We find that emissions from
contact the COTP or the COTP’s Although listed in the index, some Louisiana sources do not contribute
representative by VHF radio channel 16 information is not publicly available, significantly to nonattainment in, or
or call 906–635–3319. Those in the e.g., Confidential Business Information interfere with maintenance by, any
safety zone must comply with all lawful or other information whose disclosure is other state with regard to the 2012 PM2.5
orders or directions given to them by the restricted by statute. Certain other NAAQS.
COTP or the COTP’s designated material, such as copyrighted material,
representative. III. Statutory and Executive Order
is not placed on the internet and will be Reviews
(d) Enforcement periods. This section publicly available only in hard copy
is effective from April 30, 2018, until form. Publicly available docket Under the CAA, the Administrator is
October 30, 2018. It will be enforced materials are available either required to approve a SIP submission
while construction vessels operate electronically through http:// that complies with the provisions of the
within the designated location in www.regulations.gov or in hard copy at Act and applicable Federal regulations.
paragraph (a) of this section. Local the EPA Region 6, 1445 Ross Avenue, 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Broadcast Notice to mariners via VHF– Suite 700, Dallas, Texas 75202–2733. Thus, in reviewing SIP submissions, the
FM marine channel 16 will notify FOR FURTHER INFORMATION CONTACT: EPA’s role is to approve state choices,
mariners when vessels are conducting Sherry Fuerst, 214–665–6454, provided that they meet the criteria of
operations. fuerst.sherry@epa.gov. the CAA. Accordingly, this action
Dated: April 30, 2018. merely approves state law as meeting
SUPPLEMENTARY INFORMATION:
Marko R. Broz, Federal requirements and does not
Throughout this document ‘‘we,’’ ‘‘us,’’
impose additional requirements beyond
Captain, U.S. Coast Guard, Captain of the and ‘‘our’’ means the EPA.
Port, Sector Sault Sainte Marie. those imposed by state law. For that
I. Background reason, this action:
[FR Doc. 2018–09407 Filed 5–2–18; 8:45 am]
The background for this action is • Is not a ‘‘significant regulatory
BILLING CODE 9110–04–P
discussed in detail in our February 1, action’’ subject to review by the Office
2018 proposal (83 FR 4617). In that of Management and Budget under
document we proposed to approve Executive Orders 12866 (58 FR 51735,
ENVIRONMENTAL PROTECTION portions of Louisiana’s State October 4, 1993) and 13563 (76 FR 3821,
AGENCY Implementation Plan (SIP) submittal January 21, 2011);
and a technical supplement, that • Is not an Executive Order 13771 (82
40 CFR Part 52
address a CAA requirement that SIPs FR 9339, February 2, 2017) regulatory
[EPA–R06–OAR–2015–0851; FRL–9977– account for potential interstate transport action because SIP approvals are
02—Region 6] of air pollution that significantly exempted under Executive Order 12866;
contributes to nonattainment or • Does not impose an information
Approval and Promulgation of interferes with maintenance of the 2012 collection burden under the provisions
sradovich on DSK3GMQ082PROD with RULES
Implementation Plans; Louisiana; PM2.5 NAAQS in other states. We of the Paperwork Reduction Act (44
Interstate Transport Requirements for proposed to determine that emissions U.S.C. 3501 et seq.);
the 2012 PM2.5 NAAQS from Louisiana sources do not • Is certified as not having a
AGENCY: Environmental Protection contribute significantly to significant economic impact on a
Agency (EPA). nonattainment in, or interfere with substantial number of small entities
maintenance by, any other state with under the Regulatory Flexibility Act (5
ACTION: Final rule.
regard to the 2012 PM2.5 NAAQS. U.S.C. 601 et seq.);
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![Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations 19439
• Does not contain any unfunded governments or preempt tribal law as not be challenged later in proceedings to
mandate or significantly or uniquely specified by Executive Order 13175 (65 enforce its requirements. (See section
affect small governments, as described FR 67249, November 9, 2000). 307(b)(2).)
in the Unfunded Mandates Reform Act The Congressional Review Act, 5 List of Subjects in 40 CFR Part 52
of 1995 (Pub. L. 104–4); U.S.C. 801 et seq., as added by the Small
• Does not have Federalism Business Regulatory Enforcement Environmental protection, Air
implications as specified in Executive Fairness Act of 1996, generally provides pollution control, Incorporation by
Order 13132 (64 FR 43255, August 10, that before a rule may take effect, the reference, Particulate matter.
1999); agency promulgating the rule must Dated: April 25, 2018.
• Is not an economically significant submit a rule report, which includes a
regulatory action based on health or Anne Idsal,
copy of the rule, to each House of the Regional Administrator, Region 6.
safety risks subject to Executive Order Congress and to the Comptroller General
13045 (62 FR 19885, April 23, 1997); 40 CFR part 52 is amended as follows:
of the United States. EPA will submit a
• Is not a significant regulatory action
report containing this action and other
subject to Executive Order 13211 (66 FR PART 52—APPROVAL AND
28355, May 22, 2001); required information to the U.S. Senate,
PROMULGATION OF
• Is not subject to requirements of the U.S. House of Representatives, and
IMPLEMENTATION PLANS
section 12(d) of the National the Comptroller General of the United
Technology Transfer and Advancement States prior to publication of the rule in ■ 1. The authority citation for part 52
Act of 1995 (15 U.S.C. 272 note) because the Federal Register. A major rule continues to read as follows:
application of those requirements would cannot take effect until 60 days after it
is published in the Federal Register. Authority: 42 U.S.C. 7401 et seq.
be inconsistent with the CAA; and
• Does not provide EPA with the This action is not a ‘‘major rule’’ as
Subpart E—Louisiana
discretionary authority to address, as defined by 5 U.S.C. 804(2).
appropriate, disproportionate human Under section 307(b)(1) of the Clean ■ 2. In § 52.970, in paragraph (e), the
health or environmental effects, using Air Act, petitions for judicial review of second table titled ‘‘EPA Approved
practicable and legally permissible this action must be filed in the United Louisiana Nonregulatory Provisions and
methods, under Executive Order 12898 States Court of Appeals for the Quasi-Regulatory Measures’’ is amended
(59 FR 7629, February 16, 1994). appropriate circuit by July 2, 2018. by adding an entry at the end for
In addition, the SIP is not approved Filing a petition for reconsideration by ‘‘Interstate transport for the 2012 PM2.5
to apply on any Indian reservation land the Administrator of this final rule does NAAQS (contribute to nonattainment or
or in any other area where EPA or an not affect the finality of this action for interfere with maintenance)’’ to read as
Indian tribe has demonstrated that a the purposes of judicial review nor does follows:
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, § 52.970 Identification of plan
tribal implications and will not impose and shall not postpone the effectiveness * * * * *
substantial direct costs on tribal of such rule or action. This action may (e) * * *
EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable State
geographic or submittal/
Name of SIP provision EPA approval date Explanation
nonattainment effective
area date
* * * * * * *
Interstate transport for the 2012 Statewide .......... 12/11/2015 5/3/2018, [Insert Federal Register Adequate provisions prohibiting
PM2.5 NAAQS (contribute to 7/7/2017 citation]. emissions which will contribute
nonattainment or interfere with significantly to nonattainment in,
maintenance). or interfere with maintenance of
the 2012 PM2.5 NAAQS in any
other State.
[FR Doc. 2018–09314 Filed 5–2–18; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2018-05-02 23:48:01
Document Modified: 2018-05-02 23:48:01
| 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 June 4, 2018. | |
| Contact | Sherry Fuerst, 214-665-6454, [email protected] | |
| FR Citation | 83 FR 19438 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter |
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