83 FR 30048 - Air Plan Approval; Alaska; Interstate Transport Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 124 (June 27, 2018)
Federal Register Volume 83, Issue 124 (June 27, 2018)
| Page Range | 30048-30049 | |
| FR Document | 2018-13721 |
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)] [Rules and Regulations] [Pages 30048-30049] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13721] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2017-0745; FRL-9980-00-Region 10] Air Plan Approval; Alaska; Interstate Transport Requirements for the 2012 PM2.5 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Clean Air Act requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting emissions that will have certain adverse air quality effects in other states. On March 10, 2016, the State of Alaska made a submission to the Environmental Protection Agency (EPA) to address these requirements. The EPA is approving the submission as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2012 annual fine particulate matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS). DATES: This final rule is effective July 27, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2017-0745. 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: Jeff Hunt at (206) 553-0256, or hunt.jeff@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background Information II. Final Action III. Statutory and Executive Order Reviews I. Background Information On May 2, 2018, the EPA proposed to approve Alaska's submission as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2012 PM2.5 NAAQS in any other state (83 FR 19191). An explanation of the Clean Air Act requirements, a detailed analysis of the submission, 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 June 1, 2018. We received no adverse comments.\1\ --------------------------------------------------------------------------- \1\ We received two comments in support of our proposed approval. The first was submitted by the Alaska Department of Environmental Conservation. The second was submitted anonymously. The anonymous commenter suggested additional areas for EPA research, primarily regarding PM2.5 impacts on environmental justice communities, but was overall supportive of our proposed approval. --------------------------------------------------------------------------- II. Final Action The EPA is approving Alaska's March 10, 2016, submission certifying that the current Alaska SIP is sufficient to meet the interstate transport requirements of Clean Air Act section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS, as described in the proposal for this action. III. 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.); [[Page 30049]] 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 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 27, 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. 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, amend the table in paragraph (e) by adding the entry ``Interstate Transport Requirements-2012 PM 2.5 NAAQS'' after the entry ``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 State Name of SIP provision geographic or submittal EPA approval date Explanations nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ================================= Infrastructure and Interstate Transport ---------------------------------------------------------------------------------------------------------------- * * * * * * * Interstate Transport Statewide.......... 3/10/2016 6/27/2018, [Insert Approves SIP for Requirements--2012 PM2.5 NAAQS. Federal Register purposes of CAA citation]. section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS. ---------------------------------------------------------------------------------------------------------------- Regulations Approved but not Incorporated by Reference ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-13721 Filed 6-26-18; 8:45 am] BILLING CODE 6560-50-P
![30048 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations
PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION adequate provisions to prohibit
AREAS AND LIMITED ACCESS AREAS AGENCY emissions that will contribute
significantly to nonattainment or
■ 1. The authority citation for part 165 40 CFR Part 52 interfere with maintenance of the 2012
continues to read as follows: [EPA–R10–OAR–2017–0745; FRL–9980–00– PM2.5 NAAQS in any other state (83 FR
Region 10] 19191). An explanation of the Clean Air
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Act requirements, a detailed analysis of
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; the submission, and the EPA’s reasons
Air Plan Approval; Alaska; Interstate
Department of Homeland Security Delegation for proposing approval were provided in
Transport Requirements for the 2012
No. 0170.1. the notice of proposed rulemaking, and
PM2.5 NAAQS
■ 2. Add § 165.T09–0617 to read as will not be restated here. The public
AGENCY: Environmental Protection comment period for the proposal ended
follows: Agency (EPA). June 1, 2018. We received no adverse
§ 165.T09–0617 Safety Zone; Boaters ACTION: Final rule. comments.1
Against Cancer Fireworks Display; Lake
Ontario, Kendall, NY. SUMMARY: The Clean Air Act requires II. Final Action
each State Implementation Plan (SIP) to The EPA is approving Alaska’s March
(a) Location. The safety zone will contain adequate provisions prohibiting 10, 2016, submission certifying that the
encompass all waters of Lake Ontario; emissions that will have certain adverse current Alaska SIP is sufficient to meet
Kendall, NY contained within a 210-foot air quality effects in other states. On the interstate transport requirements of
radius of: 43°22′02.04″ N, 078°01′48.06″ March 10, 2016, the State of Alaska Clean Air Act section 110(a)(2)(D)(i)(I)
W. made a submission to the for the 2012 PM2.5 NAAQS, as described
(b) Enforcement period. This Environmental Protection Agency (EPA) in the proposal for this action.
regulation will be enforced from 9:45 to address these requirements. The EPA
is approving the submission as meeting III. Statutory and Executive Order
p.m. until 10:35 p.m. on June 30, 2018. Reviews
the requirement that each SIP contain
(c) Regulations. (1) In accordance with adequate provisions to prohibit Under the Clean Air Act, the
the general regulations in § 165.23 of emissions that will contribute Administrator is required to approve a
this part, entry into, transiting, or significantly to nonattainment or SIP submission that complies with the
anchoring within this safety zone is interfere with maintenance of the 2012 provisions of the Clean Air Act and
prohibited unless authorized by the annual fine particulate matter (PM2.5) applicable federal regulations. 42 U.S.C.
Captain of the Port Buffalo or his National Ambient Air Quality Standard 7410(k); 40 CFR 52.02(a). Thus, in
designated on-scene representative. (NAAQS). reviewing SIP submissions, the EPA’s
(2) This safety zone is closed to all DATES: This final rule is effective July role is to approve state choices,
vessel traffic, except as may be 27, 2018. provided that they meet the criteria of
permitted by the Captain of the Port ADDRESSES: The EPA has established a the Clean Air Act. Accordingly, this
Buffalo or his designated on-scene docket for this action under Docket ID action merely approves state law as
representative. No. EPA–R10–OAR–2017–0745. All meeting federal requirements and does
documents in the docket are listed on not impose additional requirements
(3) The ‘‘on-scene representative’’ of beyond those imposed by state law. For
the Captain of the Port Buffalo is any the https://www.regulations.gov
website. Although listed in the index, that reason, this action:
Coast Guard commissioned, warrant or • Is not a ‘‘significant regulatory
some information is not publicly
petty officer who has been designated action’’ subject to review by the Office
available, e.g., CBI or other information
by the Captain of the Port Buffalo to act whose disclosure is restricted by statute. of Management and Budget under
on his behalf. Certain other material, such as Executive Orders 12866 (58 FR 51735,
(4) Vessel operators desiring to enter copyrighted material, is not placed on October 4, 1993) and 13563 (76 FR 3821,
or operate within the safety zone must the internet and will be publicly January 21, 2011);
contact the Captain of the Port Buffalo available only in hard copy form. • is not an Executive Order 13771 (82
or his on-scene representative to obtain Publicly available docket materials are FR 9339, February 2, 2017) regulatory
permission to do so. The Captain of the available through https:// action because actions such as SIP
Port Buffalo or his on-scene www.regulations.gov, or please contact approvals are exempted under
the person identified in the ‘‘For Further Executive Order 12866;
representative may be contacted via
Information Contact’’ section for • does not impose an information
VHF Channel 16. Vessel operators given
additional availability information. collection burden under the provisions
permission to enter or operate in the of the Paperwork Reduction Act (44
safety zone must comply with all FOR FURTHER INFORMATION CONTACT: Jeff
U.S.C. 3501 et seq.);
directions given to them by the Captain Hunt at (206) 553–0256, or hunt.jeff@ • is certified as not having a
of the Port Buffalo, or his on-scene epa.gov. significant economic impact on a
representative. SUPPLEMENTARY INFORMATION: substantial number of small entities
Dated: June 20, 2018. under the Regulatory Flexibility Act (5
Table of Contents
Joseph S. Dufresne, U.S.C. 601 et seq.);
I. Background Information
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Captain, U.S. Coast Guard, Captain of the II. Final Action 1 We received two comments in support of our
Port Buffalo. III. Statutory and Executive Order Reviews proposed approval. The first was submitted by the
[FR Doc. 2018–13735 Filed 6–26–18; 8:45 am] Alaska Department of Environmental Conservation.
I. Background Information The second was submitted anonymously. The
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anonymous commenter suggested additional areas
On May 2, 2018, the EPA proposed to for EPA research, primarily regarding PM2.5 impacts
approve Alaska’s submission as meeting on environmental justice communities, but was
the requirement that each SIP contain overall supportive of our proposed approval.
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![Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 30049
• does not contain any unfunded The Congressional Review Act, 5 List of Subjects in 40 CFR Part 52
mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small
affect small governments, as described Business Regulatory Enforcement Environmental protection, Air
in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides pollution control, Carbon monoxide,
of 1995 (Pub. L. 104–4); that before a rule may take effect, the Incorporation by reference,
• does not have Federalism agency promulgating the rule must Intergovernmental relations, Lead,
implications as specified in Executive Nitrogen dioxide, Ozone, Particulate
submit a rule report, which includes a
Order 13132 (64 FR 43255, August 10, matter, Reporting and recordkeeping
copy of the rule, to each House of the
1999); requirements, Sulfur oxides, Volatile
Congress and to the Comptroller General
• is not an economically significant organic compounds.
of the United States. The EPA will
regulatory action based on health or Dated: June 14, 2018.
submit a report containing this action
safety risks subject to Executive Order Chris Hladick,
13045 (62 FR 19885, April 23, 1997); and other required information to the
U.S. Senate, the U.S. House of Regional Administrator, Region 10.
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR Representatives, and the Comptroller
General of the United States prior to For the reasons set forth in the
28355, May 22, 2001); preamble, 40 CFR part 52 is amended as
• is not subject to requirements of publication of the rule in the Federal
follows:
Section 12(d) of the National Register. A major rule cannot take effect
Technology Transfer and Advancement until 60 days after it is published in the PART 52—APPROVAL AND
Act of 1995 (15 U.S.C. 272 note) because Federal Register. This action is not a PROMULGATION OF
this action does not involve technical ‘‘major rule’’ as defined by 5 U.S.C. IMPLEMENTATION PLANS
standards; and 804(2).
• does not provide the EPA with the Under section 307(b)(1) of the Clean ■ 1. The authority citation for part 52
discretionary authority to address, as continues to read as follows:
Air Act, petitions for judicial review of
appropriate, disproportionate human
this action must be filed in the United Authority: 42 U.S.C. 7401 et seq.
health or environmental effects, using
States Court of Appeals for the
practicable and legally permissible
appropriate circuit by August 27, 2018. Subpart C—Alaska
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). Filing a petition for reconsideration by
The SIP is not approved to apply on the Administrator of this final rule does ■ 2. In § 52.70, amend the table in
any Indian reservation land and is also not affect the finality of this action for paragraph (e) by adding the entry
not approved to apply in any other area the purposes of judicial review nor does ‘‘Interstate Transport Requirements–
where the EPA or an Indian tribe has it extend the time within which a 2012 PM2.5 NAAQS’’ after the entry
demonstrated that a tribe has petition for judicial review may be filed, ‘‘Infrastructure Requirements—2010
jurisdiction. In those areas of Indian and shall not postpone the effectiveness SO2 NAAQS’’ to read as follows:
country, the rule does not have tribal of such rule or action. This action may
§ 52.70 Identification of plan.
implications as specified by Executive not be challenged later in proceedings to
Order 13175 (65 FR 67249, November 9, enforce its requirements (See section * * * * *
2000). 307(b)(2)). (e) * * *
EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable State
Name of SIP provision geographic or submittal EPA approval date Explanations
nonattainment area date
* * * * * * *
Infrastructure and Interstate Transport
* * * * * * *
Interstate Transport Re- Statewide ...................... 3/10/2016 6/27/2018, [Insert Fed- Approves SIP for purposes of CAA section
quirements—2012 eral Register citation]. 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS.
PM2.5 NAAQS.
Regulations Approved but not Incorporated by Reference
* * * * * * *
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[FR Doc. 2018–13721 Filed 6–26–18; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2018-11-06 09:52:19
Document Modified: 2018-11-06 09:52:19
| 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 27, 2018. | |
| Contact | Jeff Hunt at (206) 553-0256, or [email protected] | |
| FR Citation | 83 FR 30048 | |
| 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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