83 FR 24034 - Air Plan Approval; OR; Infrastructure Requirements for the 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 101 (May 24, 2018)
Federal Register Volume 83, Issue 101 (May 24, 2018)
| Page Range | 24034-24036 | |
| FR Document | 2018-11058 |
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)] [Rules and Regulations] [Pages 24034-24036] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11058] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2016-0056; FRL-9978-47--Region 10] Air Plan Approval; OR; Infrastructure Requirements for the 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine Particulate Matter Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Whenever a new or revised National Ambient Air Quality Standard (NAAQS) is promulgated, the Clean Air Act requires states to submit a plan for the implementation, maintenance, and enforcement of the standard, commonly referred to as infrastructure requirements. The Environmental Protection Agency (EPA) is approving the Oregon State Implementation Plan (SIP) as meeting infrastructure requirements for the 2010 nitrogen dioxide, 2010 sulfur dioxide, and 2012 fine particulate matter NAAQS. The EPA is also approving, and incorporating by reference, rule changes made by the state to implement the fine particulate matter NAAQS, relevant to this infrastructure action, and the ozone NAAQS, unrelated to this action, but included for efficiency. DATES: This final rule is effective June 25, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2016-0056. 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: Kristin Hall at (206) 553-6357, or [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to the EPA. Table of Contents I. Background Information II. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Background Information On February 23, 2018, the EPA proposed to approve Oregon's December 27, 2013, and October 20, 2015, SIP submissions as meeting certain infrastructure requirements of the Clean Air Act for the 2010 nitrogen dioxide (NO2 ), 2010 sulfur dioxide (SO2 ), and 2012 fine particulate matter (PM2.5 ) NAAQS (83 FR 8021). We also proposed to approve, and incorporate by reference, associated rule updates to implement the PM2.5 NAAQS, and an unrelated rule update for the ozone NAAQS, submitted July 18, 2017. Please see our proposed rulemaking for further explanation and the basis for our finding (February 23, 2018, 83 FR 8021). [[Page 24035]] The public comment period for the EPA's proposed action ended on March 26, 2018. We received 26 electronic comments submitted anonymously through https://www.regulations.gov. We reviewed the comments and we have determined that none are germane to this action. Therefore, we are finalizing our action as proposed. II. Final Action The EPA is approving Oregon's December 27, 2013, and October 20, 2015, SIP submissions as meeting specific infrastructure requirements of the Clean Air Act. We find that the Oregon SIP meets the following Clean Air Act section 110(a)(2) infrastructure elements for the 2010 NO2 , 2010 SO2 , and 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). We are also approving, and incorporating by reference at 40 CFR part 52, subpart MM, the following rule sections:OAR 340-202-0060 Suspended Particulate Matter (state effective October 16, 2015); and OAR 340-250-0030 Definitions (state effective October 16, 2015); and OAR 340-202-0090 Ozone (state effective July 13, 2017). We note that the approval of OAR 340-202-0090 is unrelated and unnecessary for our infrastructure action. We are including it in this action for efficiency. This action is being taken under section 110 of the Clean Air Act. 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 Oregon Administrative Rules related to ambient air quality standards described in section II. Final Action, and the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region 10 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the state implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the Clean Air Act as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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 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 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 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 it 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 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 23, 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 10, 2018. Chris Hladick, Regional Administrator, Region 10. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: [[Page 24036]] 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, table 2 in paragraph (c) is amended by revising the entries ``202-0060'', ``202-0090'', and ``250-0030'' to read as follows: Sec. 52.1970 Identification of plan. * * * * * (c) * * * Table 2--EPA-Approved Oregon Administrative Rules (OAR) ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanations date ---------------------------------------------------------------------------------------------------------------- CHAPTER 340--DEPARTMENT OF ENVIRONMENTAL QUALITY ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Division 202--Ambient Air Quality Standards and PSD Increments ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- * * * * * * * 202-0060...................... Suspended Particulate 10/16/2015 5/24/2018, [insert Matter. Federal Register citation]. * * * * * * * 202-0090...................... Ozone................ 07/13/2017 5/24/2018, [insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Division 250--General Conformity ---------------------------------------------------------------------------------------------------------------- * * * * * * * 250-0030...................... Definitions.......... 10/16/2015 5/24/2018, [insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * 0 3. Section 52.1991 is amended by adding paragraphs (f) and (g) to read as follows: Sec. 52.1991 Section 110(a)(2) infrastructure requirements. * * * * * (f) The EPA approves Oregon's December 27, 2013, submission as meeting the following CAA section 110(a)(2) infrastructure elements for the 2010 nitrogen dioxide and 2010 sulfur dioxide NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). (g) The EPA approves Oregon's October 20, 2015, submission as meeting the following CAA section 110(a)(2) infrastructure elements for the 2012 PM 2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). [FR Doc. 2018-11058 Filed 5-23-18; 8:45 am] BILLING CODE 6560-50-P
![24034 Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
• Is not an economically significant List of Subjects in 40 CFR Part 52 requirements. The Environmental
regulatory action based on health or Environmental protection, Air Protection Agency (EPA) is approving
safety risks subject to Executive Order pollution control, Incorporation by the Oregon State Implementation Plan
13045 (62 FR 19885, April 23, 1997); reference, Intergovernmental relations, (SIP) as meeting infrastructure
• Is not a significant regulatory action requirements for the 2010 nitrogen
Ozone, Particulate matter, Reporting
subject to Executive Order 13211 (66 FR dioxide, 2010 sulfur dioxide, and 2012
and recordkeeping requirements,
28355, May 22, 2001); fine particulate matter NAAQS. The
• Is not subject to requirements of Volatile organic compounds.
EPA is also approving, and
Section 12(d) of the National Dated: May 1, 2018. incorporating by reference, rule changes
Technology Transfer and Advancement Alexis Strauss, made by the state to implement the fine
Act of 1995 (15 U.S.C. 272 note) because Acting Regional Administrator, Region IX. particulate matter NAAQS, relevant to
application of those requirements would this infrastructure action, and the ozone
be inconsistent with the Clean Air Act; Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as NAAQS, unrelated to this action, but
and included for efficiency.
• Does not provide the EPA with the follows:
discretionary authority to address, as DATES: This final rule is effective June
PART 52—APPROVAL AND 25, 2018.
appropriate, disproportionate human
PROMULGATION OF
health or environmental effects, using ADDRESSES: The EPA has established a
IMPLEMENTATION PLANS
practicable and legally permissible docket for this action under Docket ID
methods, under Executive Order 12898 ■ 1. The authority citation for part 52 No. EPA–R10–OAR–2016–0056. All
(59 FR 7629, February 16, 1994). continues to read as follows: documents in the docket are listed on
In addition, the SIP is not approved the https://www.regulations.gov
to apply on any Indian reservation land Authority: 42 U.S.C. 7401 et seq.
website. Although listed in the index,
or in any other area where the EPA or some information is not publicly
Subpart F—California
an Indian tribe has demonstrated that a available, e.g., CBI or other information
tribe has jurisdiction. In those areas of ■ 2. Section 52.220 is amended by the disclosure of which is restricted by
Indian country, the rule does not have adding paragraph (c)(503) to read as statute. Certain other material, such as
tribal implications and will not impose follows: copyrighted material, is not placed on
substantial direct costs on tribal the internet and is publicly available
governments or preempt tribal law as § 52.220 Identification of plan—in part. only in hard copy form. Publicly
specified by Executive Order 13175 (65 * * * * * available docket materials are available
FR 67249, November 9, 2000). (c) * * * at https://www.regulations.gov, or
The Congressional Review Act, 5 (503) New and amended regulations please contact the person identified in
U.S.C. 801 et seq., as added by the Small for the following APCDs were submitted the FOR FURTHER INFORMATION CONTACT
Business Regulatory Enforcement on August 9, 2017 by the Governor’s section for additional availability
Fairness Act of 1996, generally provides designee. information.
that before a rule may take effect, the (i) Incorporation by reference.
agency promulgating the rule must FOR FURTHER INFORMATION CONTACT:
(A) Antelope Valley Air Quality
submit a rule report, which includes a Management District. Kristin Hall at (206) 553–6357, or
copy of the rule, to each House of the (1) Rule 1151.1, ‘‘Motor Vehicle hall.kristin@epa.gov.
Congress and to the Comptroller General Assembly Coating Operations,’’ adopted SUPPLEMENTARY INFORMATION:
of the United States. The EPA will on June 20, 2017. Throughout this document wherever
submit a report containing this action ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
[FR Doc. 2018–11061 Filed 5–23–18; 8:45 am]
and other required information to the intended to refer to the EPA.
BILLING CODE 6560–50–P
U.S. Senate, the U.S. House of
Representatives, and the Comptroller Table of Contents
General of the United States prior to I. Background Information
ENVIRONMENTAL PROTECTION
publication of the rule in the Federal II. Final Action
AGENCY
Register. A major rule cannot take effect III. Incorporation by Reference
until 60 days after it is published in the 40 CFR Part 52 IV. Statutory and Executive Order Reviews
Federal Register. This action is not a I. Background Information
‘‘major rule’’ as defined by 5 U.S.C. [EPA–R10–OAR–2016–0056; FRL–9978–
47—Region 10] On February 23, 2018, the EPA
804(2).
Under section 307(b)(1) of the Clean proposed to approve Oregon’s December
Air Plan Approval; OR; Infrastructure
Air Act, petitions for judicial review of 27, 2013, and October 20, 2015, SIP
Requirements for the 2010 Nitrogen
this action must be filed in the United submissions as meeting certain
Dioxide, 2010 Sulfur Dioxide, and 2012
States Court of Appeals for the infrastructure requirements of the Clean
Fine Particulate Matter Standards
appropriate circuit by July 23, 2018. Air Act for the 2010 nitrogen dioxide
Filing a petition for reconsideration by AGENCY: Environmental Protection (NO2), 2010 sulfur dioxide (SO2), and
the Administrator of this final rule does Agency (EPA). 2012 fine particulate matter (PM2.5)
not affect the finality of this action for ACTION: Final rule. NAAQS (83 FR 8021). We also proposed
the purposes of judicial review nor does to approve, and incorporate by
sradovich on DSK3GMQ082PROD with RULES
it extend the time within which a SUMMARY: Whenever a new or revised reference, associated rule updates to
petition for judicial review may be filed, National Ambient Air Quality Standard implement the PM2.5 NAAQS, and an
and shall not postpone the effectiveness (NAAQS) is promulgated, the Clean Air unrelated rule update for the ozone
of such rule or action. This action may Act requires states to submit a plan for NAAQS, submitted July 18, 2017. Please
not be challenged later in proceedings to the implementation, maintenance, and see our proposed rulemaking for further
enforce its requirements. (See section enforcement of the standard, commonly explanation and the basis for our
307(b)(2).) referred to as infrastructure finding (February 23, 2018, 83 FR 8021).
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PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. ‘‘202–0060’’, ‘‘202–0090’’, and ‘‘250–
PROMULGATION OF 0030’’ to read as follows:
IMPLEMENTATION PLANS Subpart MM—Oregon
§ 52.1970 Identification of plan.
■ 1. The authority citation for part 52 ■ 2. In § 52.1970, table 2 in paragraph * * * * *
continues to read as follows: (c) is amended by revising the entries (c) * * *
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR)
State
State citation Title/subject effective EPA approval date Explanations
date
CHAPTER 340—DEPARTMENT OF ENVIRONMENTAL QUALITY
* * * * * * *
Division 202—Ambient Air Quality Standards and PSD Increments
* * * * * * *
Ambient Air Quality Standards
* * * * * * *
202–0060 ............... Suspended Particulate Matter ...... 10/16/2015 5/24/2018, [insert Federal Reg-
ister citation].
* * * * * * *
202–0090 ............... Ozone ........................................... 07/13/2017 5/24/2018, [insert Federal Reg-
ister citation].
* * * * * * *
Division 250—General Conformity
* * * * * * *
250–0030 ............... Definitions ..................................... 10/16/2015 5/24/2018, [insert Federal Reg-
ister citation].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION Unit I.C. of the SUPPLEMENTARY
AGENCY INFORMATION).
■ 3. Section 52.1991 is amended by
adding paragraphs (f) and (g) to read as ADDRESSES: The docket for this action,
40 CFR Part 180 identified by docket identification (ID)
follows:
number EPA–HQ–OPP–2015–0775, is
[EPA–HQ–OPP–2015–0775; FRL–9976–66]
§ 52.1991 Section 110(a)(2) infrastructure available at http://www.regulations.gov
requirements. or at the Office of Pesticide Programs
Pydiflumetofen; Pesticide Tolerances
* * * * * Regulatory Public Docket (OPP Docket)
(f) The EPA approves Oregon’s AGENCY: Environmental Protection in the Environmental Protection Agency
December 27, 2013, submission as Agency (EPA). Docket Center (EPA/DC), West William
meeting the following CAA section ACTION: Final rule. Jefferson Clinton Bldg., Rm. 3334, 1301
110(a)(2) infrastructure elements for the Constitution Ave. NW, Washington, DC
SUMMARY: This regulation establishes 20460–0001. The Public Reading Room
2010 nitrogen dioxide and 2010 sulfur
tolerances for residues of is open from 8:30 a.m. to 4:30 p.m.,
dioxide NAAQS: (A), (B), (C), (D)(i)(II),
pydiflumetofen in or on multiple Monday through Friday, excluding legal
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
commodities which are identified and holidays. The telephone number for the
(M).
discussed later in this document. Public Reading Room is (202) 566–1744,
(g) The EPA approves Oregon’s Syngenta Crop Protection requested and the telephone number for the OPP
October 20, 2015, submission as these tolerances under the Federal Food, Docket is (703) 305–5805. Please review
sradovich on DSK3GMQ082PROD with RULES
meeting the following CAA section Drug, and Cosmetic Act (FFDCA). the visitor instructions and additional
110(a)(2) infrastructure elements for the DATES: This regulation is effective May information about the docket available
2012 PM2.5 NAAQS: (A), (B), (C), 24, 2018. Objections and requests for at http://www.epa.gov/dockets.
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), hearings must be received on or before FOR FURTHER INFORMATION CONTACT:
(L), and (M). July 23, 2018, and must be filed in Michael Goodis, Registration Division
[FR Doc. 2018–11058 Filed 5–23–18; 8:45 am] accordance with the instructions (7505P), Office of Pesticide Programs,
BILLING CODE 6560–50–P provided in 40 CFR part 178 (see also Environmental Protection Agency, 1200
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Document Created: 2018-05-24 00:05:37
Document Modified: 2018-05-24 00:05:37
| 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 25, 2018. | |
| Contact | Kristin Hall at (206) 553-6357, or [email protected] | |
| FR Citation | 83 FR 24034 | |
| 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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