83 FR 22853 - Air Plan Approval; Oregon; Regional Haze Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 96 (May 17, 2018)
Federal Register Volume 83, Issue 96 (May 17, 2018)
| Page Range | 22853-22854 | |
| FR Document | 2018-10569 |
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)] [Rules and Regulations] [Pages 22853-22854] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10569] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2017-0482; FRL-9978-16-OAR] Air Plan Approval; Oregon; Regional Haze Progress Report AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the Oregon regional haze State Implementation Plan (SIP) submitted by the state on July 18, 2017. Oregon submitted its Regional Haze Progress Report (``progress report'' or ``report'') and a negative declaration stating that further revision of the existing regional haze SIP is not needed at this time. Oregon submitted both the progress report and the negative declaration in the form of implementation plan revisions as required by federal regulations. The progress report addresses the federal Regional Haze Rule requirements under the Clean Air Act to submit a report describing progress in achieving reasonable progress goals established for regional haze and a determination of the adequacy of the state's existing plan addressing regional haze. DATES: This final rule is effective June 18, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2017-0482. 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., CBI or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and is publicly available only in hard copy form. Publicly available docket materials are available at 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: Jeff Hunt at (206) 553-0256, or [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to the EPA. I. Background Information On March 19, 2018, the EPA proposed to approve Oregon's Regional Haze Progress Report (83 FR 11927). An explanation of the Clean Air Act requirements, a detailed analysis of the submittal, and the EPA's reasons for proposing approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for the proposal ended April 18, 2018. II. Response to Comments We received three comments on the rulemaking. After reviewing the comments, we have determined that the comments are outside the scope of our proposed action and fail to identify any material issue necessitating a response. For more information, please see our memorandum included in the docket for this action. III. Final Action The EPA is approving the Oregon Regional Haze Progress Report, submitted on July 18, 2017, as meeting the applicable requirements of the Clean Air Act and the federal Regional Haze Rule, as set forth in 40 CFR 51.308(g). The EPA has determined that the existing regional haze SIP is adequate to meet the state's visibility goals and requires no substantive revision at this time, as set forth in 40 CFR 51.308(h). We have also determined that Oregon fulfilled the requirements in 40 CFR 51.308(i) regarding state coordination with Federal Land Managers. 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 Clean Air 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 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 actions such as 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 this action does not involve technical standards; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land and is also not approved to apply in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of [[Page 22854]] 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 16, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 7, 2018. Chris Hladick, Regional Administrator, Region 10. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart MM--Oregon 0 2. In Sec. 52.1970, amend the table ``STATE OF OREGON AIR QUALITY CONTROL PROGRAM'' in paragraph (e) by adding a new entry immediately above the entry for ``Section 6--Ambient Air Quality Monitoring Program'' to read as follows: Sec. 52.1970 Identification of plan. * * * * * (e) * * * State of Oregon Air Quality Control Program ---------------------------------------------------------------------------------------------------------------- State SIP citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 7/13/2012 5/17/2018, [Insert Regional Haze Federal Register Progress Report citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-10569 Filed 5-16-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations 22853
Dated: May 9, 2018. FOR FURTHER INFORMATION CONTACT: Jeff Executive Orders 12866 (58 FR 51735,
E.K. Baldini, Hunt at (206) 553–0256, or hunt.jeff@ October 4, 1993) and 13563 (76 FR 3821,
Lieutenant Commander, Judge Advocate epa.gov. January 21, 2011);
General’s Corps, U.S. Navy, Federal Register SUPPLEMENTARY INFORMATION:
• is not an Executive Order 13771 (82
Liaison Officer. Throughout this document wherever FR 9339, February 2, 2017) regulatory
[FR Doc. 2018–10587 Filed 5–16–18; 8:45 am] ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is action because actions such as SIP
BILLING CODE 3810–FF–P intended to refer to the EPA. approvals are exempted under
Executive Order 12866;
I. Background Information • does not impose an information
On March 19, 2018, the EPA proposed collection burden under the provisions
ENVIRONMENTAL PROTECTION to approve Oregon’s Regional Haze of the Paperwork Reduction Act (44
AGENCY Progress Report (83 FR 11927). An U.S.C. 3501 et seq.);
explanation of the Clean Air Act • is certified as not having a
40 CFR Part 52 significant economic impact on a
requirements, a detailed analysis of the
submittal, and the EPA’s reasons for substantial number of small entities
[EPA–R10–OAR–2017–0482; FRL–9978–16– under the Regulatory Flexibility Act (5
proposing approval were provided in
OAR] U.S.C. 601 et seq.);
the notice of proposed rulemaking, and
will not be restated here. The public • does not contain any unfunded
Air Plan Approval; Oregon; Regional mandate or significantly or uniquely
Haze Progress Report comment period for the proposal ended
April 18, 2018. affect small governments, as described
AGENCY: Environmental Protection in the Unfunded Mandates Reform Act
Agency (EPA). II. Response to Comments of 1995 (Pub. L. 104–4);
We received three comments on the • does not have Federalism
ACTION: Final rule.
rulemaking. After reviewing the implications as specified in Executive
SUMMARY: The Environmental Protection comments, we have determined that the Order 13132 (64 FR 43255, August 10,
Agency (EPA) is approving a revision to comments are outside the scope of our 1999);
the Oregon regional haze State proposed action and fail to identify any • is not an economically significant
Implementation Plan (SIP) submitted by material issue necessitating a response. regulatory action based on health or
the state on July 18, 2017. Oregon For more information, please see our safety risks subject to Executive Order
submitted its Regional Haze Progress memorandum included in the docket for 13045 (62 FR 19885, April 23, 1997);
Report (‘‘progress report’’ or ‘‘report’’) this action. • is not a significant regulatory action
and a negative declaration stating that subject to Executive Order 13211 (66 FR
III. Final Action 28355, May 22, 2001);
further revision of the existing regional
haze SIP is not needed at this time. The EPA is approving the Oregon • is not subject to requirements of
Oregon submitted both the progress Regional Haze Progress Report, Section 12(d) of the National
report and the negative declaration in submitted on July 18, 2017, as meeting Technology Transfer and Advancement
the form of implementation plan the applicable requirements of the Clean Act of 1995 (15 U.S.C. 272 note) because
revisions as required by federal Air Act and the federal Regional Haze this action does not involve technical
regulations. The progress report Rule, as set forth in 40 CFR 51.308(g). standards; and
The EPA has determined that the • does not provide the EPA with the
addresses the federal Regional Haze
existing regional haze SIP is adequate to discretionary authority to address, as
Rule requirements under the Clean Air
meet the state’s visibility goals and appropriate, disproportionate human
Act to submit a report describing
requires no substantive revision at this health or environmental effects, using
progress in achieving reasonable
time, as set forth in 40 CFR 51.308(h). practicable and legally permissible
progress goals established for regional
We have also determined that Oregon methods, under Executive Order 12898
haze and a determination of the
fulfilled the requirements in 40 CFR (59 FR 7629, February 16, 1994).
adequacy of the state’s existing plan
51.308(i) regarding state coordination The SIP is not approved to apply on
addressing regional haze.
with Federal Land Managers. any Indian reservation land and is also
DATES: This final rule is effective June not approved to apply in any other area
18, 2018. IV. Statutory and Executive Order where the EPA or an Indian tribe has
ADDRESSES: The EPA has established a Reviews demonstrated that a tribe has
docket for this action under Docket ID Under the Clean Air Act, the jurisdiction. In those areas of Indian
No. EPA–R10–OAR–2017–0482. All Administrator is required to approve a country, the rule does not have tribal
documents in the docket are listed on SIP submission that complies with the implications as specified by Executive
the https://www.regulations.gov provisions of the Clean Air Act and Order 13175 (65 FR 67249, November 9,
website. Although listed in the index, applicable federal regulations. 42 U.S.C. 2000).
some information is not publicly 7410(k); 40 CFR 52.02(a). Thus, in The Congressional Review Act, 5
available, e.g., CBI or other information reviewing SIP submissions, the EPA’s U.S.C. 801 et seq., as added by the Small
the disclosure of which is restricted by role is to approve state choices, Business Regulatory Enforcement
statute. Certain other material, such as provided that they meet the criteria of Fairness Act of 1996, generally provides
copyrighted material, is not placed on the Clean Air Act. Accordingly, this that before a rule may take effect, the
the internet and is publicly available action merely approves state law as agency promulgating the rule must
only in hard copy form. Publicly meeting federal requirements and does submit a rule report, which includes a
amozie on DSK3GDR082PROD with RULES
available docket materials are available not impose additional requirements copy of the rule, to each House of the
at https://www.regulations.gov, or beyond those imposed by state law. For Congress and to the Comptroller General
please contact the person identified in that reason, this action: of the United States. The EPA will
the FOR FURTHER INFORMATION CONTACT • Is not a ‘‘significant regulatory submit a report containing this action
section for additional availability action’’ subject to review by the Office and other required information to the
information. of Management and Budget under U.S. Senate, the U.S. House of
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![22854 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations
Representatives, and the Comptroller not be challenged later in proceedings to PART 52—APPROVAL AND
General of the United States prior to enforce its requirements (See section PROMULGATION OF
publication of the rule in the Federal 307(b)(2)). IMPLEMENTATION PLANS
Register. A major rule cannot take effect
List of Subjects in 40 CFR Part 52
until 60 days after it is published in the ■ 1. The authority citation for part 52
Federal Register. This action is not a Environmental protection, Air continues to read as follows:
‘‘major rule’’ as defined by 5 U.S.C. pollution control, Carbon monoxide,
Authority: 42 U.S.C. 7401 et seq.
804(2). Incorporation by reference,
Under section 307(b)(1) of the Clean Intergovernmental relations, Lead, Subpart MM—Oregon
Air Act, petitions for judicial review of Nitrogen dioxide, Ozone, Particulate
this action must be filed in the United matter, Reporting and recordkeeping ■ 2. In § 52.1970, amend the table
States Court of Appeals for the requirements, Sulfur oxides, Volatile ‘‘STATE OF OREGON AIR QUALITY
appropriate circuit by July 16, 2018. organic compounds. CONTROL PROGRAM’’ in paragraph (e)
Filing a petition for reconsideration by Authority: 42 U.S.C. 7401 et seq. by adding a new entry immediately
the Administrator of this final rule does Dated: May 7, 2018. above the entry for ‘‘Section 6—
not affect the finality of this action for Ambient Air Quality Monitoring
Chris Hladick,
the purposes of judicial review nor does Program’’ to read as follows:
it extend the time within which a Regional Administrator, Region 10.
petition for judicial review may be filed, For the reasons set forth in the § 52.1970 Identification of plan.
and shall not postpone the effectiveness preamble, 40 CFR part 52 is amended as * * * * *
of such rule or action. This action may follows: (e) * * *
STATE OF OREGON AIR QUALITY CONTROL PROGRAM
State effective
SIP citation Title/subject EPA approval date Explanation
date
* * * * * * *
7/13/2012 5/17/2018, [Insert Federal Register cita- Regional Haze Progress Report
tion].
* * * * * * *
[FR Doc. 2018–10569 Filed 5–16–18; 8:45 am] ADDRESSES: The docket for this action, I. General Information
BILLING CODE 6560–50–P identified by docket identification (ID)
A. Does this action apply to me?
number EPA–HQ–OPP–2015–0787, is
available at http://www.regulations.gov You may be potentially affected by
ENVIRONMENTAL PROTECTION or at the Office of Pesticide Programs this action if you are an agricultural
AGENCY Regulatory Public Docket (OPP Docket) producer, food manufacturer, or
in the Environmental Protection Agency pesticide manufacturer. The following
40 CFR Part 180
Docket Center (EPA/DC), West William list of North American Industrial
Jefferson Clinton Bldg., Rm. 3334, 1301 Classification System (NAICS) codes is
[EPA–HQ–OPP–2015–0787; FRL–9977–25] Constitution Ave. NW, Washington, DC not intended to be exhaustive, but rather
Pyroxasulfone; Pesticide Tolerances 20460–0001. The Public Reading Room provides a guide to help readers
is open from 8:30 a.m. to 4:30 p.m., determine whether this document
AGENCY: Environmental Protection Monday through Friday, excluding legal applies to them. Potentially affected
Agency (EPA). holidays. The telephone number for the entities may include:
Public Reading Room is (202) 566–1744,
ACTION: Final rule. • Crop production (NAICS code 111).
and the telephone number for the OPP
SUMMARY: This regulation establishes Docket is (703) 305–5805. Please review • Animal production (NAICS code
tolerances for residues of pyroxasulfone the visitor instructions and additional 112).
and its metabolites in or on vegetable, information about the docket available • Food manufacturing (NAICS code
tuberous and corm, subgroup 1C; at http://www.epa.gov/dockets. 311).
vegetable, bulb, group 3–07; and • Pesticide manufacturing (NAICS
FOR FURTHER INFORMATION CONTACT:
potatoes, granules/flakes. K–I Chemical code 32532).
USA, Inc. requested these tolerances Michael Goodis, Registration Division
under the Federal Food, Drug, and (7505P), Office of Pesticide Programs, B. How can I get electronic access to
Cosmetic Act (FFDCA). Environmental Protection Agency, 1200 other related information?
Pennsylvania Ave. NW, Washington, DC
DATES: This regulation is effective May You may access a frequently updated
20460–0001; main telephone number:
17, 2018. Objections and requests for
amozie on DSK3GDR082PROD with RULES
(703) 305–7090; email address: electronic version of EPA’s tolerance
hearings must be received on or before regulations at 40 CFR part 180 through
RDFRNotices@epa.gov.
July 16, 2018, and must be filed in
the Government Printing Office’s e-CFR
accordance with the instructions SUPPLEMENTARY INFORMATION:
site at http://www.ecfr.gov/cgi-bin/text-
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
INFORMATION).
40tab_02.tpl.
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Document Created: 2018-05-17 00:51:23
Document Modified: 2018-05-17 00:51:23
| 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 June 18, 2018. | |
| Contact | Jeff Hunt at (206) 553-0256, or [email protected] | |
| FR Citation | 83 FR 22853 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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