83 FR 31328 - Interstate Transport Prongs 1 and 2 for the 2012 Fine Particulate Matter (PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 129 (July 5, 2018)
Federal Register Volume 83, Issue 129 (July 5, 2018)
| Page Range | 31328-31330 | |
| FR Document | 2018-14386 |
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)] [Rules and Regulations] [Pages 31328-31330] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14386] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2018-0055; FRL-9980-12--Region 8] Interstate Transport Prongs 1 and 2 for the 2012 Fine Particulate Matter (PM2.5) Standard for Colorado, Montana, North Dakota, South Dakota and Wyoming AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving portions of State Implementation Plan (SIP) submissions from Colorado, Montana, North Dakota, South Dakota and Wyoming addressing the Clean Air Act (CAA or Act) interstate transport SIP requirements for the 2012 annual Fine Particulate Matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS). These submissions address the requirement that each SIP contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. The EPA is approving portions of these infrastructure SIPs for the aforementioned states as containing adequate provisions to ensure that air emissions in the states will not significantly contribute to nonattainment or interfere with maintenance of the 2012 annual PM2.5 NAAQS in any other state. DATES: This rule is effective on August 6, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID Number EPA-R08-OAR-2018-0055. All documents in the docket are listed on the http://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 http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S. EPA Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202- 1129, (303) 312-7104, or [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background On May 9, 2018, the EPA proposed to approve submittals from Colorado, Montana, North Dakota, South Dakota and Wyoming as meeting the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS (83 FR 21226). An explanation of the CAA requirements, a detailed analysis of the states' submittals, and the EPA's rationale for approval of each submittal were all provided in the notice of proposed rulemaking and associated technical support documents, and will not be restated here. The public comment period for this proposed rule ended on June 8, 2018. The EPA received four anonymous comments on the proposal. II. Response to Comments After reviewing the comments received, the EPA has determined that the comments fall outside the scope of our proposed action or fail to identify any material issue necessitating a response. III. Final Action The EPA is approving the following submittals as meeting the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 [[Page 31329]] NAAQS: Colorado's December 1, 2015 submittal; Montana's December 17, 2015 submittal; North Dakota's August 23, 2015 submittal; South Dakota's January 25, 2016 submittal; and Wyoming's June 24, 2016 submittal. This action is being taken under section 110 of the CAA. IV. 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 do 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, 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 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, these SIPs are not approved to apply on any Indian reservation land or in any other area where 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. 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 September 4, 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, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Dated: June 28, 2018. Debra Thomas, Acting Regional Administrator, Region 8. 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 G--Colorado 0 2. Section 52.352 is amended by adding paragraph (e) to read as follows: Sec. 52.352 Interstate transport. * * * * * (e) Addition to the Colorado State Implementation Plan of the Colorado Interstate Transport SIP regarding 2012 PM 2.5 Standards, submitted to EPA on December 1, 2015, for both elements of CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS. Subpart BB--Montana 0 3. Section 52.1393 is amended by adding paragraph (d) to read as follows: Sec. 52.1393 Interstate transport requirements. * * * * * (d) EPA is approving the Montana 2012 PM2.5 NAAQS Infrastructure Certification, submitted to EPA on December 17, 2015, for both elements of CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS. Subpart JJ--North Dakota 0 4. Section 52.1833 is amended by adding paragraph (g) to read as follows: Sec. 52.1833 Section 110(a)(2) infrastructure requirements. * * * * * (g) EPA is approving the North Dakota 2012 PM2.5 NAAQS Infrastructure Certification, submitted to EPA on August 23, 2015, for both elements of CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS. Subpart QQ--South Dakota 0 5. Section Sec. 52.2170, paragraph (e), is amended by adding table entry XXI. to read as follows: Sec. 52.2170 Identification of plan. * * * * * (e) * * * [[Page 31330]] ---------------------------------------------------------------------------------------------------------------- EPA effective Final rule citation, Rule title State effective date date date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * XXI. Section 110(a)(2)(D)(i)(I) Submitted: 1/25/2016. 8/6/2018 [Insert Federal Interstate Transport Requirements Register citation], for the 2012 PM2.5 NAAQS. 7/5/2018. ---------------------------------------------------------------------------------------------------------------- Subpart ZZ--Wyoming 0 6. Section 52.2620, paragraph (e), is amended by adding table entry (30) to read as follows: Sec. 52.2620 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- State EPA Effective Final rule Rule No. Rule title effective date date citation, date Comments ---------------------------------------------------------------------------------------------------------------- (30) XXX.............. Interstate transport 6/24/2016 8/6/2018 [Insert Federal .............. SIP for Section Register 110(a)(2)(D)(i)(I) citation], 7/5/ prongs 1 and 2 for 2018. the 2012 PM2.5 NAAQS. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-14386 Filed 7-3-18; 8:45 am] BILLING CODE 6560-50-P
![31328 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations
adding the word ‘side’ to the legal Order 7400.11B is publicly available as nonattainment or interfere with
description. listed in the ADDRESSES section of this maintenance of the 2012 annual PM2.5
DATES: Effective 0901 UTC, July 19, document. FAA Order 7400.11B lists NAAQS in any other state.
2018. The Director of the Federal Class A, B, C, D, and E airspace areas, DATES: This rule is effective on August
Register approves this incorporation by air traffic service routes, and reporting 6, 2018.
reference action under title 1, Code of points. ADDRESSES: The EPA has established a
Federal Regulations, part 51, subject to Correction to Final Rule docket for this action under Docket ID
the annual revision of FAA Order Number EPA–R08–OAR–2018–0055. All
Accordingly, pursuant to the
7400.11 and publication of conforming documents in the docket are listed on
authority delegated to me, in the
amendments. the http://www.regulations.gov website.
Federal Register of June 11, 2018 (83 FR
ADDRESSES: FAA Order 7400.11B, Although listed in the index, some
26839) FR Doc. 2018–12410, the
Airspace Designations and Reporting information is not publicly available,
amendment of Class E Airspace for Mid-
Points, and subsequent amendments can e.g., confidential business information
State Airport, Philipsburg, PA is
be viewed on line at http:// (CBI) or other information whose
corrected as follows:
www.faa.gov/air_traffic/publications/. disclosure is restricted by statute.
For further information, you can contact § 71.1 [Amended] Certain other material, such as
the Airspace Policy Group, Federal AEA PA E5 Philipsburg, PA copyrighted material, is not placed on
Aviation Administration, 800 [Corrected] the internet and will be publicly
Independence Avenue SW, Washington, ■ On page 26840, column 1, line 38, available only in hard copy form.
DC 20591; telephone: (202) 267–8783. after the word, ‘each’, add the word, Publicly available docket materials are
The Order is also available for ‘side’. available through http://
inspection at the National Archives and www.regulations.gov, or please contact
Issued in College Park, Georgia, on June 27, the person identified in the FOR FURTHER
Records Administration (NARA). For 2018.
information on the availability of FAA INFORMATION CONTACT section for
Ken Brissenden,
Order 7400.11B at NARA, call (202) additional availability information.
Acting Manager, Operations Support Group,
741–6030, or go to https:// Eastern Service Center, Air Traffic FOR FURTHER INFORMATION CONTACT:
www.archives.gov/federal-register/cfr/ Organization. Adam Clark, Air Program, U.S. EPA
ibr-locations.html. [FR Doc. 2018–14337 Filed 7–3–18; 8:45 am]
Region 8, Mailcode 8P–AR, 1595
FOR FURTHER INFORMATION CONTACT: John Wynkoop Street, Denver, Colorado
BILLING CODE 4910–13–P
Fornito, Operations Support Group, 80202–1129, (303) 312–7104, or
Eastern Service Center, Federal Aviation clark.adam@epa.gov.
Administration, 1700 Columbia Avenue, SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
College Park, Georgia 30337. Throughout this document ‘‘we,’’ ‘‘us,’’
AGENCY
SUPPLEMENTARY INFORMATION: and ‘‘our’’ means the EPA.
History 40 CFR Part 52 I. Background
The FAA published a final rule in the [EPA–R08–OAR–2018–0055; FRL–9980– On May 9, 2018, the EPA proposed to
Federal Register (83 FR 26839, June 11, 12—Region 8] approve submittals from Colorado,
2018) for Doc. No. FAA–2017–0755, Interstate Transport Prongs 1 and 2 for Montana, North Dakota, South Dakota
amending Class E airspace extending the 2012 Fine Particulate Matter (PM2.5) and Wyoming as meeting the interstate
upward from 700 feet or more above the Standard for Colorado, Montana, North transport requirements of CAA section
surface at Mid-State Airport, Dakota, South Dakota and Wyoming 110(a)(2)(D)(i)(I) for the 2012 PM2.5
Philipsburg, PA. Subsequent to NAAQS (83 FR 21226). An explanation
publication, the FAA found that in the AGENCY: Environmental Protection of the CAA requirements, a detailed
legal description describing the Class E Agency (EPA). analysis of the states’ submittals, and
airspace area extending upward from ACTION: Final rule. the EPA’s rationale for approval of each
700 feet above the surface, the word submittal were all provided in the
‘side’ was omitted from the text 3.1 SUMMARY: The Environmental Protection notice of proposed rulemaking and
miles each side of the Philipsburg Agency (EPA) is approving portions of associated technical support documents,
VORTAC 067° radial. This action State Implementation Plan (SIP) and will not be restated here. The public
corrects the error. submissions from Colorado, Montana, comment period for this proposed rule
Class E airspace designations are North Dakota, South Dakota and ended on June 8, 2018. The EPA
published in paragraph 6005, of FAA Wyoming addressing the Clean Air Act received four anonymous comments on
Order 7400.11B dated August 3, 2017, (CAA or Act) interstate transport SIP the proposal.
and effective September 15, 2017, which requirements for the 2012 annual Fine
is incorporated by reference in 14 CFR Particulate Matter (PM2.5) National II. Response to Comments
part 71.1. The Class E airspace Ambient Air Quality Standards After reviewing the comments
designations listed in this document (NAAQS). These submissions address received, the EPA has determined that
will be published subsequently in the the requirement that each SIP contain the comments fall outside the scope of
Order. adequate provisions prohibiting air our proposed action or fail to identify
emissions that will have certain adverse any material issue necessitating a
sradovich on DSK3GMQ082PROD with RULES
Availability and Summary of air quality effects in other states. The response.
Documents for Incorporation by EPA is approving portions of these
Reference infrastructure SIPs for the III. Final Action
This document amends FAA Order aforementioned states as containing The EPA is approving the following
7400.11B, Airspace Designations and adequate provisions to ensure that air submittals as meeting the interstate
Reporting Points, dated August 3, 2017, emissions in the states will not transport requirements of CAA section
and effective September 15, 2017. FAA significantly contribute to 110(a)(2)(D)(i)(I) for the 2012 PM2.5
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![31330 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations
EPA effective
Rule title State effective date Final rule citation, date Comments
date
* * * * * * *
XXI. Section 110(a)(2)(D)(i)(I) Interstate Transport Submitted: 1/25/2016 ....... 8/6/2018 [Insert Federal Register
Requirements for the 2012 PM2.5 NAAQS. citation], 7/5/2018.
Subpart ZZ—Wyoming § 52.2620 Identification of plan.
* * * * *
■ 6. Section 52.2620, paragraph (e), is
amended by adding table entry (30) to (e) * * *
read as follows:
State effective EPA Effective
Rule No. Rule title Final rule citation, date Comments
date date
(30) XXX ............ Interstate transport SIP for Section 6/24/2016 8/6/2018 [Insert Federal Reg-
110(a)(2)(D)(i)(I) prongs 1 and 2 for the 2012 ister citation], 7/5/
PM2.5 NAAQS. 2018.
[FR Doc. 2018–14386 Filed 7–3–18; 8:45 am] information is not publicly available, allegations against the FBI. Such
BILLING CODE 6560–50–P e.g., Confidential Business Information comment is irrelevant and is outside the
or other information whose disclosure is scope of this specific rule making
restricted by statute. Certain other action. In the second comment, received
ENVIRONMENTAL PROTECTION material, such as copyrighted material, May 20, 2018, the commenter raised
AGENCY is not placed on the internet and will be concerns regarding the validity of the
publicly available only in hard copy UN Intergovernmental Panel on Climate
40 CFR Part 52 form. Publicly available docket Change and governments’ reliance on
[EPA–R06–OAR–2017–0052; FRL–9979– materials are available either the panel’s recommendations. Such
96—Region 6] electronically through http:// comment is irrelevant and is outside the
www.regulations.gov or in hard copy at scope of this specific rule making
Approval and Promulgation of the EPA Region 6, 1445 Ross Avenue, action. In the third and final comment,
Implementation Plans; Oklahoma; Suite 700, Dallas, Texas 75202–2733. received on June 3, 2018, the
Interstate Transport Requirements for FOR FURTHER INFORMATION CONTACT: commenter raised concerns and doubts
the 2012 PM2.5 NAAQS Sherry Fuerst, 214–665–6454, about the effectiveness of environmental
AGENCY: Environmental Protection fuerst.sherry@epa.gov. regulations. Such comment is irrelevant
Agency (EPA). SUPPLEMENTARY INFORMATION: and is outside the scope of this specific
ACTION: Final rule. Throughout this document ‘‘we,’’ ‘‘us,’’ rule making action.
and ‘‘our’’ means the EPA. II. Final Action
SUMMARY: Pursuant to the Federal Clean
Air Act (CAA or the Act), the I. Background We are approving the portions of the
Environmental Protection Agency (EPA) The background for this action is December 19, 2016 Oklahoma SIP
is approving portions of Oklahoma’s discussed in detail in our May 18, 2018 revision pertaining to emissions that
State Implementation Plan (SIP) proposal (83 FR 23244). In that significantly contribute to
submittal, that addresses a CAA document we proposed to approve nonattainment or interfere with
requirement that SIPs account for portions of Oklahoma’s SIP submittal, maintenance of the 2012 PM2.5 NAAQS
potential interstate transport of air that addresses a CAA requirement that in other states. We find that emissions
pollution that significantly contributes SIPs account for potential interstate from Oklahoma sources do not
to nonattainment or interferes with transport of air pollution that contribute significantly to
maintenance of the 2012 fine particulate significantly contributes to nonattainment in, or interfere with
matter (PM2.5) National Ambient Air nonattainment or interferes with maintenance by, any other state with
Quality Standards (NAAQS) in other maintenance of the 2012 PM2.5 NAAQS regard to the 2012 PM2.5 NAAQS.
states. EPA finds that emissions from in other states. We proposed to
Oklahoma sources do not contribute III. Statutory and Executive Order
determine that emissions from Reviews
significantly to nonattainment in, or Oklahoma sources do not contribute
interfere with maintenance by, any significantly to nonattainment in, or Under the CAA, the Administrator is
other state with regard to the 2012 PM2.5 interfere with maintenance by, any required to approve a SIP submission
NAAQS. other state with regard to the 2012 PM2.5 that complies with the provisions of the
DATES: This rule is effective on August NAAQS. Act and applicable Federal regulations.
sradovich on DSK3GMQ082PROD with RULES
6, 2018. We received three anonymous public 42 U.S.C. 7410(k); 40 CFR 52.02(a).
ADDRESSES: The EPA has established a comments on the proposed rulemaking Thus, in reviewing SIP submissions, the
docket for this action under Docket ID action. The comments are posted to the EPA’s role is to approve state choices,
No. EPA–R06–OAR–2017–0052. All docket (EPA–R06–OAR–2017–0052). In provided that they meet the criteria of
documents in the docket are listed on the first comment, received on May 19, the CAA. Accordingly, this action
the http://www.regulations.gov website. 2018, the commenter makes a comment merely approves state law as meeting
Although listed in the index, some regarding the President and his recent Federal requirements and does not
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Document Created: 2018-07-03 23:40:18
Document Modified: 2018-07-03 23:40:18
| 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 rule is effective on August 6, 2018. | |
| Contact | Adam Clark, Air Program, U.S. EPA Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202- 1129, (303) 312-7104, or [email protected] | |
| FR Citation | 83 FR 31328 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds |
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