83 FR 29449 - Air Plan Approval; AK; Interstate Transport Requirements for the 2010 Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 122 (June 25, 2018)
Federal Register Volume 83, Issue 122 (June 25, 2018)
| Page Range | 29449-29450 | |
| FR Document | 2018-13451 |
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)] [Rules and Regulations] [Pages 29449-29450] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13451] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2016-0590; FRL-9979-87--Region 10] Air Plan Approval; AK; Interstate Transport Requirements for the 2010 Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) submittal from the Alaska Department of Environmental Conservation (Alaska DEC) demonstrating that the SIP meets certain interstate transport requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated in 2010 for nitrogen dioxide (NO2 ) and sulfur dioxide (SO2 ). The EPA has determined that Alaska's SIP contains adequate provisions to ensure that air emissions in Alaska do not significantly contribute to nonattainment or interfere with the maintenance of the 2010 NO2 and SO2 NAAQS in any other state. DATES: This final rule is effective July 25, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2016-0590. 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 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: John Chi at (206) 553-1185, or chi.john@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to the EPA. Information is organized as follows: Table of Contents I. Background II. Final Action III. Statutory and Executive Order Reviews I. Background On April 23, 2018, the EPA proposed to approve Alaska's March 10, 2016, SIP submission as meeting CAA section 110(a)(2)(D)(i)(I) interstate transport provisions for the 2010 NO2 and 2010 SO2 NAAQS (83 FR 17627). Please see our proposed rulemaking for further explanation and the basis for our finding (April 23, 2018, 83 FR 17627). The public comment period for the EPA's proposed action ended on May 23, 2018. We received no adverse comments. There were four electronic comments submitted 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 Alaska's March 10, 2016, SIP submission as demonstrating sources in Alaska do not significantly contribute to nonattainment, or interfere with maintenance, of the 2010 NO2 and SO2 NAAQS in any other state. Based on our review, we find the Alaska SIP meets the CAA section 110(a)(2)(D)(i)(I) interstate transport requirements for the 2010 NO2 and SO2 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.); 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); [[Page 29450]] 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). 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 August 24, 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, Intergovernmental relations, Nitrogen dioxide, Reporting and recordkeeping requirements, Sulfur dioxide. Authority: 42 U.S.C. 7401 et seq. Dated: June 14, 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 C--Alaska 0 2. In Sec. 52.70, the table in paragraph (e) is amended by adding an entry for ``Interstate Transport Requirements--2010 NO 2 and 2010 SO2 NAAQS'' after the entry for ``Infrastructure Requirements--2010 SO2 NAAQS'' to read as follows: Sec. 52.70 Identification of plan. * * * * * (e) * * * EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- Applicable geographic Name of SIP provision or non-attainment State EPA approval date Explanations area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- State of Alaska Air Quality Control Plan: Volume III. Appendices ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Infrastructure and Interstate Transport ---------------------------------------------------------------------------------------------------------------- * * * * * * * Interstate Transport Statewide............. 3/10/2016 6/25/2018, [Insert Approves SIP for Requirements--2010 NO2 and 2010 Federal Register purposes of CAA SO2 NAAQS. citation]. section 110(a)(2)(D)(i)(I ) for the 2010 NO2 and 2010 SO2 NAAQS. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-13451 Filed 6-22-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations 29449
§ 17.125 Where to file claims. ACTION: Final rule. comments. There were four electronic
Generally, VA must preauthorize VA comments submitted through https://
payment for health care services SUMMARY: The Environmental Protection www.regulations.gov. We reviewed the
provided in the community when such Agency (EPA) is approving the State comments and we have determined that
care is provided in a State as that term Implementation Plan (SIP) submittal none are germane to this action.
is defined in 38 U.S.C. 101(20). from the Alaska Department of Therefore, we are finalizing our action
(a) Where VA payment for such Environmental Conservation (Alaska as proposed.
services has not been authorized in DEC) demonstrating that the SIP meets
advance, claims for payment for such certain interstate transport requirements II. Final Action
health care services provided in a State of the Clean Air Act (CAA) for the The EPA is approving Alaska’s March
should be submitted to the VA medical National Ambient Air Quality Standards 10, 2016, SIP submission as
facility nearest to where those services (NAAQS) promulgated in 2010 for demonstrating sources in Alaska do not
were provided. nitrogen dioxide (NO2) and sulfur significantly contribute to
(b) Claims for payment for hospital dioxide (SO2). The EPA has determined nonattainment, or interfere with
care and outpatient services authorized that Alaska’s SIP contains adequate maintenance, of the 2010 NO2 and SO2
under § 17.35(a) and provided in provisions to ensure that air emissions NAAQS in any other state. Based on our
Canada must be submitted to Veterans in Alaska do not significantly contribute review, we find the Alaska SIP meets
Affairs Canada, Foreign Countries to nonattainment or interfere with the the CAA section 110(a)(2)(D)(i)(I)
Operations Unit, 2323 Riverside Dr., maintenance of the 2010 NO2 and SO2 interstate transport requirements for the
2nd Floor, Ottawa, Ontario, Canada K1A NAAQS in any other state. 2010 NO2 and SO2 NAAQS.
OP5. DATES: This final rule is effective July
(c) All other claims for payment for III. Statutory and Executive Order
25, 2018. Reviews
hospital care and outpatient services
ADDRESSES: The EPA has established a
authorized under § 17.35(a) and Under the CAA, the Administrator is
docket for this action under Docket ID
provided outside a State must be required to approve a SIP submission
No. EPA–R10–OAR–2016–0590. All
submitted to the Foreign Medical that complies with the provisions of the
documents in the docket are listed on
Program, P.O. Box 469061, Denver, CO Act and applicable federal regulations.
the https://www.regulations.gov
80246–9061. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
website. Although listed in the index,
some information is not publicly Thus, in reviewing SIP submissions, the
§ 17.140 [Removed]
available, e.g., CBI or other information EPA’s role is to approve state choices,
■ 4. Remove § 17.140 and the provided that they meet the criteria of
undesignated center heading whose disclosure is restricted by statute.
Certain other material, such as the CAA. Accordingly, this action
‘‘Delegations of Authority’’, merely approves state law as meeting
immediately preceding it. copyrighted material, is not placed on
the internet and will be publicly federal requirements and does not
§ 17.141 [Removed] available only in hard copy form. impose additional requirements beyond
Publicly available docket materials are those imposed by state law. For that
■ 5. Remove § 17.141. reason, this action:
available through https://
■ 6. Add an undesignated center • Is not a ‘‘significant regulatory
www.regulations.gov, or please contact
heading, ‘‘Delegation of Authority’’ action’’ subject to review by the Office
the person identified in the FOR FURTHER
immediately preceding § 17.142. of Management and Budget under
INFORMATION CONTACT section for
■ 7. Remove the undesignated center Executive Orders 12866 (58 FR 51735,
additional availability information.
heading, ‘‘Grants to the Republic of the October 4, 1993) and 13563 (76 FR 3821,
FOR FURTHER INFORMATION CONTACT: John January 21, 2011);
Philippines’’, immediately preceding
§ 17.350. Chi at (206) 553–1185, or chi.john@ • is not an Executive Order 13771 (82
epa.gov. FR 9339, February 2, 2017) regulatory
§§ 17.350–17.352, 17.355, 17.362–17.367, SUPPLEMENTARY INFORMATION: action because SIP approvals are
17.369, and 17.370 [Removed] exempted under Executive Order 12866;
Throughout this document whenever
■ 8. Remove §§ 17.350 through 17.352, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is • does not impose an information
17.355, 17.362 through 17.367, 17.369, intended to refer to the EPA. collection burden under the provisions
and 17.370. Information is organized as follows: of the Paperwork Reduction Act (44
[FR Doc. 2018–13487 Filed 6–22–18; 8:45 am] U.S.C. 3501 et seq.);
Table of Contents • is certified as not having a
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I. Background significant economic impact on a
II. Final Action substantial number of small entities
ENVIRONMENTAL PROTECTION
III. Statutory and Executive Order Reviews under the Regulatory Flexibility Act (5
AGENCY U.S.C. 601 et seq.);
I. Background
• does not contain any unfunded
40 CFR Part 52 On April 23, 2018, the EPA proposed mandate or significantly or uniquely
to approve Alaska’s March 10, 2016, SIP affect small governments, as described
[EPA–R10–OAR–2016–0590; FRL–9979– submission as meeting CAA section in the Unfunded Mandates Reform Act
87—Region 10] 110(a)(2)(D)(i)(I) interstate transport of 1995 (Pub. L. 104–4);
Air Plan Approval; AK; Interstate
provisions for the 2010 NO2 and 2010 • does not have Federalism
SO2 NAAQS (83 FR 17627). Please see implications as specified in Executive
amozie on DSK3GDR082PROD with RULES
Transport Requirements for the 2010
our proposed rulemaking for further Order 13132 (64 FR 43255, August 10,
Nitrogen Dioxide and Sulfur Dioxide
explanation and the basis for our 1999);
National Ambient Air Quality
finding (April 23, 2018, 83 FR 17627). • is not an economically significant
Standards
The public comment period for the regulatory action based on health or
AGENCY: Environmental Protection EPA’s proposed action ended on May safety risks subject to Executive Order
Agency (EPA). 23, 2018. We received no adverse 13045 (62 FR 19885, April 23, 1997);
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![29450 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
• is not a significant regulatory action submit a rule report, which includes a reference, Intergovernmental relations,
subject to Executive Order 13211 (66 FR copy of the rule, to each House of the Nitrogen dioxide, Reporting and
28355, May 22, 2001); Congress and to the Comptroller General recordkeeping requirements, Sulfur
• is not subject to requirements of of the United States. The EPA will dioxide.
Section 12(d) of the National submit a report containing this action Authority: 42 U.S.C. 7401 et seq.
Technology Transfer and Advancement and other required information to the
U.S. Senate, the U.S. House of Dated: June 14, 2018.
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would Representatives, and the Comptroller Chris Hladick,
be inconsistent with the Clean Air Act; General of the United States prior to Regional Administrator, Region 10.
and publication of the rule in the Federal
For the reasons set forth in the
• does not provide the EPA with the Register. A major rule cannot take effect
preamble, 40 CFR part 52 is amended as
discretionary authority to address, as until 60 days after it is published in the
Federal Register. This action is not a follows:
appropriate, disproportionate human
health or environmental effects, using ‘‘major rule’’ as defined by 5 U.S.C. PART 52—APPROVAL AND
practicable and legally permissible 804(2). PROMULGATION OF
methods, under Executive Order 12898 Under section 307(b)(1) of the Clean IMPLEMENTATION PLANS
(59 FR 7629, February 16, 1994). Air Act, petitions for judicial review of
this action must be filed in the United
The SIP is not approved to apply on any ■ 1. The authority citation for part 52
States Court of Appeals for the
Indian reservation land or in any other continues to read as follows:
appropriate circuit by August 24, 2018.
area where the EPA or an Indian tribe Filing a petition for reconsideration by Authority: 42 U.S.C. 7401 et seq.
has demonstrated that a tribe has the Administrator of this final rule does
jurisdiction. In those areas of Indian not affect the finality of this action for Subpart C—Alaska
country, the rule does not have tribal the purposes of judicial review nor does
implications and it will not impose it extend the time within which a ■ 2. In § 52.70, the table in paragraph (e)
substantial direct costs on tribal petition for judicial review may be filed, is amended by adding an entry for
governments or preempt tribal law as and shall not postpone the effectiveness ‘‘Interstate Transport Requirements—
specified by Executive Order 13175 (65 of such rule or action. This action may 2010 NO2 and 2010 SO2 NAAQS’’ after
FR 67249, November 9, 2000). not be challenged later in proceedings to the entry for ‘‘Infrastructure
The Congressional Review Act, 5 enforce its requirements. (See section Requirements—2010 SO2 NAAQS’’ to
U.S.C. 801 et seq., as added by the Small 307(b)(2).) read as follows:
Business Regulatory Enforcement
List of Subjects in 40 CFR Part 52 § 52.70 Identification of plan.
Fairness Act of 1996, generally provides
that before a rule may take effect, the Environmental protection, Air * * * * *
agency promulgating the rule must pollution control, Incorporation by (e) * * *
EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or State
Name of SIP provision EPA approval date Explanations
non-attainment submittal date
area
* * * * * * *
State of Alaska Air Quality Control Plan: Volume III. Appendices
* * * * * * *
Infrastructure and Interstate Transport
* * * * * * *
Interstate Transport Require- Statewide ....... 3/10/2016 6/25/2018, [Insert Federal Reg- Approves SIP for purposes of CAA
ments—2010 NO2 and 2010 SO2 ister citation]. section 110(a)(2)(D)(i)(I) for the
NAAQS. 2010 NO2 and 2010 SO2
NAAQS.
* * * * * * *
* * * * *
[FR Doc. 2018–13451 Filed 6–22–18; 8:45 am]
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Document Created: 2018-06-23 02:28:52
Document Modified: 2018-06-23 02:28:52
| 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 July 25, 2018. | |
| Contact | John Chi at (206) 553-1185, or [email protected] | |
| FR Citation | 83 FR 29449 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Reporting and Recordkeeping Requirements and Sulfur Dioxide |
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