83 FR 26596 - Air Plan Approval; Douglas, Arizona; Second 10-Year Sulfur Dioxide Maintenance Plan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 111 (June 8, 2018)
Federal Register Volume 83, Issue 111 (June 8, 2018)
| Page Range | 26596-26597 | |
| FR Document | 2018-12300 |
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)] [Rules and Regulations] [Pages 26596-26597] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12300] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0537; FRL-9979-18--Region 9] Air Plan Approval; Douglas, Arizona; Second 10-Year Sulfur Dioxide Maintenance Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final rulemaking action to approve, as part of the State Implementation Plan (SIP) for the State of Arizona, the second 10-year maintenance plan for the Douglas maintenance area for the 1971 National Ambient Air Quality Standards (``standards'') for sulfur dioxide (SO2 ). DATES: This final rule is effective on July 9, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0537. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Ashley Graham, EPA Region IX, (415) 972-3877, graham.ashleyr@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the words ``we,'' ``us,'' or ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On February 16, 2018 (83 FR 6996), the EPA proposed to approve the second 10-year maintenance plan for the Douglas, Arizona SO2 maintenance area. Submitted by the Arizona Department of Environmental Quality on December 14, 2016, the Douglas second 10-year SO2 maintenance plan (``plan'') demonstrates maintenance of the 1971 SO2 standards through 2030. We proposed to approve the plan because we determined that it complied with the relevant Clean Air Act (CAA or ``Act'') requirements. Our proposed action contains more information on the plan and our evaluation (83 FR 6996, February 16, 2018). II. Public Comments and EPA Responses The EPA's proposed action provided for a 30-day public comment period. The EPA received eleven anonymous comment letters in response to the proposed action. All eleven comments concerned issues that are outside the scope of our proposed approval of the Douglas second 10- year SO2 maintenance plan. The issues raised in those comments include, but are not limited to, air quality in China and India, natural gas, mining, electric vehicles, wind farms, and wind turbines. III. EPA Action The EPA is taking final rulemaking action to approve the Douglas second 10-year SO2 maintenance plan under sections 110 and 175A of the CAA. As authorized in section 110(k)(3) of the Act, the EPA is approving the submitted SIP revision because it fulfills all relevant requirements. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the [[Page 26597]] U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it publishes in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 7, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action approving the revision to the State of Arizona's SIP may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur dioxide. Authority: 42 U.S.C. 7401 et seq. Dated: May 25, 2018. Deborah Jordan, Acting Regional Administrator, EPA Region IX. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart D--Arizona 0 2. In Sec. 52.120, table 1 in paragraph (e) is amended by adding the entry ``Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient Air Quality Standards, Douglas Maintenance Area'' after the entry ``Modeling and Emissions Inventory Supplement for the Douglas Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan and Redesignation Request, dated September 2005'' to read as follows: Sec. 52.120 Identification of plan. * * * * * (e) * * * Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\ ---------------------------------------------------------------------------------------------------------------- Applicable geographic or Name of SIP provision nonattainment State submittal date EPA approval Explanation area or title/ date subject ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas) ---------------------------------------------------------------------------------------------------------------- * * * * * * * Maintenance Plan Renewal, Douglas Sulfur December 14, 2016............. June 8, 2018, Adopted by the 1971 Sulfur Dioxide National Dioxide Air [insert Arizona Ambient Air Quality Quality Federal Department of Standards, Douglas Planning Area. Register Environmental Maintenance Area. citation]. Quality on December 14, 2016. Fulfills requirements for second 10- year maintenance plan. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas. * * * * * [FR Doc. 2018-12300 Filed 6-7-18; 8:45 am] BILLING CODE 6560-50-P
![26596 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations
reliability operated by personnel III. EPA Action Executive Orders 12866 (58 FR 51735,
certified in its use. IV. Statutory and Executive Order Reviews October 4, 1993) and 13563 (76 FR 3821,
* * * * * I. Proposed Action January 21, 2011);
• Is not an Executive Order 13771 (82
Susan Combs, On February 16, 2018 (83 FR 6996), FR 9339, February 2, 2017) regulatory
Senior Advisor to the Secretary, Exercising the EPA proposed to approve the second action because SIP approvals are
the Authority of the Assistant Secretary for 10-year maintenance plan for the exempted under Executive Order 12866;
Fish and Wildlife and Parks. Douglas, Arizona SO2 maintenance area. • Does not impose an information
[FR Doc. 2018–12324 Filed 6–7–18; 8:45 am] Submitted by the Arizona Department of collection burden under the provisions
BILLING CODE 4312–52–P Environmental Quality on December 14, of the Paperwork Reduction Act (44
2016, the Douglas second 10-year SO2 U.S.C. 3501 et seq.);
maintenance plan (‘‘plan’’) • Is certified as not having a
ENVIRONMENTAL PROTECTION demonstrates maintenance of the 1971 significant economic impact on a
AGENCY SO2 standards through 2030. substantial number of small entities
We proposed to approve the plan under the Regulatory Flexibility Act (5
40 CFR Part 52 because we determined that it complied U.S.C. 601 et seq.);
with the relevant Clean Air Act (CAA or • Does not contain any unfunded
[EPA–R09–OAR–2017–0537; FRL–9979– ‘‘Act’’) requirements. Our proposed mandate or significantly or uniquely
18—Region 9] action contains more information on the affect small governments, as described
plan and our evaluation (83 FR 6996, in the Unfunded Mandates Reform Act
Air Plan Approval; Douglas, Arizona;
February 16, 2018). of 1995 (Pub. L. 104–4);
Second 10-Year Sulfur Dioxide
• Does not have Federalism
Maintenance Plan II. Public Comments and EPA
implications as specified in Executive
Responses
AGENCY: Environmental Protection Order 13132 (64 FR 43255, August 10,
Agency (EPA). The EPA’s proposed action provided 1999);
ACTION: Final rule.
for a 30-day public comment period. • Is not an economically significant
The EPA received eleven anonymous regulatory action based on health or
SUMMARY: The Environmental Protection comment letters in response to the safety risks subject to Executive Order
Agency (EPA) is taking final rulemaking proposed action. All eleven comments 13045 (62 FR 19885, April 23, 1997);
action to approve, as part of the State concerned issues that are outside the • Is not a significant regulatory action
Implementation Plan (SIP) for the State scope of our proposed approval of the subject to Executive Order 13211 (66 FR
of Arizona, the second 10-year Douglas second 10-year SO2 28355, May 22, 2001);
maintenance plan for the Douglas maintenance plan. The issues raised in • Is not subject to requirements of
maintenance area for the 1971 National those comments include, but are not section 12(d) of the National
Ambient Air Quality Standards limited to, air quality in China and Technology Transfer and Advancement
(‘‘standards’’) for sulfur dioxide (SO2). India, natural gas, mining, electric Act of 1995 (15 U.S.C. 272 note) because
DATES: This final rule is effective on July vehicles, wind farms, and wind application of those requirements would
9, 2018. turbines. be inconsistent with the Clean Air Act;
and
ADDRESSES: The EPA has established a III. EPA Action • Does not provide the EPA with the
docket for this action under Docket ID The EPA is taking final rulemaking discretionary authority to address, as
No. EPA–R09–OAR–2017–0537. All action to approve the Douglas second appropriate, disproportionate human
documents in the docket are listed on 10-year SO2 maintenance plan under health or environmental effects, using
the https://www.regulations.gov sections 110 and 175A of the CAA. As practicable and legally permissible
website. Although listed in the index, authorized in section 110(k)(3) of the methods, under Executive Order 12898
some information is not publicly Act, the EPA is approving the submitted (59 FR 7629, February 16, 1994).
available, e.g., Confidential Business SIP revision because it fulfills all In addition, the SIP is not approved
Information (CBI) or other information relevant requirements. to apply on any Indian reservation land
whose disclosure is restricted by statute. or in any other area where the EPA or
Certain other material, such as IV. Statutory and Executive Order an Indian tribe has demonstrated that a
copyrighted material, is not placed on Reviews tribe has jurisdiction. In those areas of
the internet and will be publicly Under the Clean Air Act, the Indian country, the rule does not have
available only in hard copy form. Administrator is required to approve a tribal implications and will not impose
Publicly available docket materials are SIP submission that complies with the substantial direct costs on tribal
available through https:// provisions of the Act and applicable governments or preempt tribal law as
www.regulations.gov, or please contact federal regulations. See 42 U.S.C. specified by Executive Order 13175 (65
the person identified in the FOR FURTHER 7410(k); 40 CFR 52.02(a). Thus, in FR 67249, November 9, 2000).
INFORMATION CONTACT section for reviewing SIP submissions, the EPA’s The Congressional Review Act, 5
additional availability information. role is to approve state choices, U.S.C. 801 et seq., as added by the Small
FOR FURTHER INFORMATION CONTACT: provided that they meet the criteria of Business Regulatory Enforcement
Ashley Graham, EPA Region IX, (415) the Clean Air Act. Accordingly, this Fairness Act of 1996, generally provides
972–3877, graham.ashleyr@epa.gov. action merely approves state law as that before a rule may take effect, the
meeting federal requirements and does agency promulgating the rule must
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SUPPLEMENTARY INFORMATION:
Throughout this document, the words not impose additional requirements submit a rule report, which includes a
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to the EPA. beyond those imposed by state law. For copy of the rule, to each House of the
that reason, this action: Congress and to the Comptroller General
Table of Contents • Is not a significant regulatory action of the United States. The EPA will
I. Proposed Action subject to review by the Office of submit a report containing this action
II. Public Comments and EPA Responses Management and Budget under and other required information to the
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![Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations 26597
U.S. Senate, the U.S. House of later in proceedings to enforce its Authority: 42 U.S.C. 7401 et seq.
Representatives, and the Comptroller requirements. (See section 307(b)(2)).
General of the United States prior to Subpart D—Arizona
List of Subjects in 40 CFR Part 52
publication of the rule in the Federal
Register. A major rule cannot take effect Environmental protection, Air ■ 2. In § 52.120, table 1 in paragraph (e)
until 60 days after it publishes in the pollution control, Incorporation by is amended by adding the entry
Federal Register. This action is not a reference, Intergovernmental relations, ‘‘Maintenance Plan Renewal, 1971
‘‘major rule’’ as defined by 5 U.S.C. Reporting and recordkeeping Sulfur Dioxide National Ambient Air
804(2). requirements, Sulfur dioxide. Quality Standards, Douglas
Under section 307(b)(1) of the CAA, Authority: 42 U.S.C. 7401 et seq. Maintenance Area’’ after the entry
petitions for judicial review of this Dated: May 25, 2018. ‘‘Modeling and Emissions Inventory
action must be filed in the United States Deborah Jordan, Supplement for the Douglas Sulfur
Court of Appeals for the appropriate Acting Regional Administrator, EPA Region Dioxide Nonattainment Area State
circuit by August 7, 2018. Filing a IX. Implementation and Maintenance Plan
petition for reconsideration by the and Redesignation Request, dated
Administrator of this final rule does not Chapter I, title 40 of the Code of
Federal Regulations is amended as September 2005’’ to read as follows:
affect the finality of this action for the
follows: § 52.120 Identification of plan.
purposes of judicial review nor does it
extend the time within which a petition PART 52—APPROVAL AND * * * * *
for judicial review may be filed, and PROMULGATION OF (e) * * *
shall not postpone the effectiveness of IMPLEMENTATION PLANS
such rule or action. This action
approving the revision to the State of ■ 1. The authority citation for part 52
Arizona’s SIP may not be challenged continues to read as follows:
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable
geographic or EPA approval
Name of SIP provision nonattainment State submittal date Explanation
date
area or
title/subject
* * * * * * *
Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
* * * * * * *
Maintenance Plan Renewal, 1971 Douglas Sulfur Di- December 14, 2016 ....... June 8, 2018, [in- Adopted by the Arizona Department
Sulfur Dioxide National Ambient oxide Air Qual- sert Federal of Environmental Quality on De-
Air Quality Standards, Douglas ity Planning Register cita- cember 14, 2016. Fulfills require-
Maintenance Area. Area. tion]. ments for second 10-year mainte-
nance plan.
* * * * * * *
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropoli-
tan Phoenix and Tucson Areas.
* * * * * ENVIRONMENTAL PROTECTION SUMMARY: In this document, the
[FR Doc. 2018–12300 Filed 6–7–18; 8:45 am] AGENCY Environmental Protection Agency
BILLING CODE 6560–50–P (‘‘EPA’’ or ‘‘Agency’’) is notifying the
40 CFR Part 52 public that the Agency has found that
the 2017 motor vehicle emissions
[Docket No. EPA–R02–OAR–2018–0197; budgets (‘‘budgets’’) for volatile organic
FRL–9978–07—Region 2] compounds (‘‘VOCs’’) and nitrogen
oxides (‘‘NOX’’) submitted by the New
Adequacy Status of Motor Vehicle York State Department of
Emissions Budgets for the New York Environmental Conservation for the
Portion of the New York-Northern New 2008 national ambient air quality
Jersey-Long Island, NY–NJ–CT, 2008 standard (‘‘NAAQS’’) for ozone are
amozie on DSK3GDR082PROD with RULES
8-Hour Ozone Nonattainment Area adequate for transportation conformity
purposes for the New York portions of
AGENCY: Environmental Protection the New York-Northern New Jersey-
Agency (EPA). Long Island, NY–NJ–CT 8-hour ozone
nonattainment area. The transportation
ACTION: Notification of adequacy.
conformity rule requires that the EPA
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Document Created: 2018-06-08 01:23:07
Document Modified: 2018-06-08 01:23:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on July 9, 2018. | |
| Contact | Ashley Graham, EPA Region IX, (415) 972-3877, [email protected] | |
| FR Citation | 83 FR 26596 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Dioxide |
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