83 FR 47073 - Air Plan Approval; Oregon; Interstate Transport Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 181 (September 18, 2018)
Federal Register Volume 83, Issue 181 (September 18, 2018)
| Page Range | 47073-47074 | |
| FR Document | 2018-20172 |
[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)] [Rules and Regulations] [Pages 47073-47074] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20172] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2018-0505; FRL-9983-95--Region 10] Air Plan Approval; Oregon; Interstate Transport Requirements for the 2012 PM2.5 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting emissions that will have certain adverse air quality effects in other states. On October 20, 2015, the State of Oregon 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) in any other state. DATES: This final rule is effective October 18, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2018-0505. 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: Jeff Hunt at (206) 553-0256, or [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to the EPA. I. Background Information On July 19, 2018, the EPA proposed to approve Oregon 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 34094). An explanation of the Clean Air Act requirements, a detailed analysis of the submittal, 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 August 20, 2018. II. Response to Comments We received one comment in support of the proposed rulemaking and several anonymous comments unrelated to Oregon's submission. After reviewing the anonymous comments, we have determined that the comments are outside the scope of our proposed action and fail to identify any material issue necessitating a response. For more information, please see our memorandum included in the docket for this action. III. Final Action The EPA is approving Oregon's October 20, 2015, submission certifying that the SIP is sufficient to meet the interstate transport requirements of Clean Air Act section 110(a)(2)(D)(i)(I), specifically prongs one and two, as set forth in the proposed rulemaking for this action. 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 [[Page 47074]] 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.); 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 November 19, 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: September 5, 2018. Chris Hladick, Regional Administrator, Region 10. 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 MM--Oregon 0 2. Section 52.1992 is added to read as follows: Sec. 52.1992 Interstate Transport for the 2012 PM2.5 NAAQS. (a) The EPA approves Oregon's SIP revision submitted on October 20, 2015, addressing the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2012 PM 2.5 NAAQS. (b) [Reserved] [FR Doc. 2018-20172 Filed 9-17-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations 47073
detailed statement under the National (e) The superintendent may issue a FOR FURTHER INFORMATION CONTACT: Jeff
Environmental Policy Act of 1969 permit to carry or possess a weapon that Hunt at (206) 553–0256, or hunt.jeff@
(NEPA) is not required because the NPS is not otherwise authorized, a trap, or a epa.gov.
intends to categorically exclude this net under the following circumstances: SUPPLEMENTARY INFORMATION:
rule under 516 DM 12.5(A)(10). This * * * * * Throughout this document wherever
rule modifies existing NPS regulations ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
in a manner that does not increase Andrea Travnicek,
intended to refer to the EPA.
public use or introduce non-compatible Principal Deputy Assistant Secretary—Water
uses to the extent of compromising the and Science, Exercising the Authority of the I. Background Information
Assistant Secretary for Fish and Wildlife and
nature and character of the National On July 19, 2018, the EPA proposed
Parks.
Park System or causing physical damage to approve Oregon as meeting the
[FR Doc. 2018–20093 Filed 9–17–18; 8:45 am]
to it. The rule does not conflict with requirement that each SIP contain
BILLING CODE 4310–EJ–P
adjacent ownerships or lands uses, or adequate provisions to prohibit
cause a nuisance to adjacent owners or emissions that will contribute
occupants. We have also determined significantly to nonattainment or
that the rule does not involve any of the ENVIRONMENTAL PROTECTION interfere with maintenance of the 2012
extraordinary circumstances listed in 43 AGENCY PM2.5 NAAQS in any other state (83 FR
CFR 46.215 that would require further 34094). An explanation of the Clean Air
40 CFR Part 52
analysis under NEPA. Act requirements, a detailed analysis of
[EPA–R10–OAR–2018–0505; FRL–9983– the submittal, and the EPA’s reasons for
Effects on the Energy Supply (Executive 95—Region 10] proposing approval were provided in
Order 13211)
the notice of proposed rulemaking, and
This rule is not a significant energy Air Plan Approval; Oregon; Interstate will not be restated here. The public
action under the definition in Executive Transport Requirements for the 2012 comment period for the proposal ended
Order 13211. A Statement of Energy PM2.5 NAAQS August 20, 2018.
Effects in not required. AGENCY: Environmental Protection II. Response to Comments
List of Subjects in 36 CFR Part 2 Agency (EPA).
We received one comment in support
National parks, Reporting and ACTION: Final rule.
of the proposed rulemaking and several
recordkeeping requirements. SUMMARY: The Clean Air Act (CAA) anonymous comments unrelated to
In consideration of the foregoing, the requires each State Implementation Plan Oregon’s submission. After reviewing
National Park Service amends 36 CFR (SIP) to contain adequate provisions the anonymous comments, we have
part 2 as set forth below: prohibiting emissions that will have determined that the comments are
certain adverse air quality effects in outside the scope of our proposed action
PART 2—RESOURCE PROTECTION, other states. On October 20, 2015, the and fail to identify any material issue
PUBLIC USE AND RECREATION State of Oregon made a submission to necessitating a response. For more
the Environmental Protection Agency information, please see our
■ 1. The authority citation for part 2 memorandum included in the docket for
continues to read as follows: (EPA) to address these requirements.
The EPA is approving the submission as this action.
Authority: 54 U.S.C. 100101, 100751, meeting the requirement that each SIP
320102. III. Final Action
contain adequate provisions to prohibit
■ 2. Amend § 2.4 as follows: The EPA is approving Oregon’s
emissions that will contribute
■ a. Redesignate paragraph (b)(3) as October 20, 2015, submission certifying
significantly to nonattainment or
paragraph (b)(3)(i). that the SIP is sufficient to meet the
interfere with maintenance of the 2012
■ b. Add a new paragraph (b)(3)(ii). interstate transport requirements of
annual fine particulate matter (PM2.5)
■ c. Revise paragraph (e) introductory Clean Air Act section 110(a)(2)(D)(i)(I),
national ambient air quality standard
text. specifically prongs one and two, as set
(NAAQS) in any other state.
The addition and revision read as forth in the proposed rulemaking for
DATES: This final rule is effective
follows: this action.
October 18, 2018.
§ 2.4 Weapons, traps and nets. ADDRESSES: The EPA has established a IV. Statutory and Executive Order
* * * * * docket for this action under Docket ID Reviews
(b) * * * No. EPA–R10–OAR–2018–0505. All Under the Clean Air Act, the
(3) * * * documents in the docket are listed on Administrator is required to approve a
(ii) An individual may carry or the https://www.regulations.gov SIP submission that complies with the
possess an unloaded bow or crossbow website. Although listed in the index, provisions of the Clean Air Act and
when accessing otherwise inaccessible some information is not publicly applicable federal regulations. 42 U.S.C.
lands or waters contiguous to a park available, e.g., CBI or other information 7410(k); 40 CFR 52.02(a). Thus, in
area when other means of access are the disclosure of which is restricted by reviewing SIP submissions, the EPA’s
otherwise impracticable or impossible statute. Certain other material, such as role is to approve state choices,
if: copyrighted material, is not placed on provided that they meet the criteria of
(A) The individual is not otherwise the internet and is publicly available the Clean Air Act. Accordingly, this
prohibited by law from possessing the only in hard copy form. Publicly
daltland on DSKBBV9HB2PROD with RULES
action merely approves state law as
bow or crossbow; and available docket materials are available meeting federal requirements and does
(B) The possession of the bow or at https://www.regulations.gov, or not impose additional requirements
crossbow is in compliance with the law please contact the person identified in beyond those imposed by state law. For
of the State in which the park area is the FOR FURTHER INFORMATION CONTACT that reason, this action:
located. section for additional availability • Is not a ‘‘significant regulatory
* * * * * information. action’’ subject to review by the Office
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![47074 Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations
of Management and Budget under U.S. Senate, the U.S. House of ENVIRONMENTAL PROTECTION
Executive Orders 12866 (58 FR 51735, Representatives, and the Comptroller AGENCY
October 4, 1993) and 13563 (76 FR 3821, General of the United States prior to
January 21, 2011); publication of the rule in the Federal 40 CFR Part 180
• is not an Executive Order 13771 (82 Register. A major rule cannot take effect [EPA–HQ–OPP–2016–0608; FRL–9983–67]
FR 9339, February 2, 2017) regulatory until 60 days after it is published in the
action because actions such as SIP Federal Register. This action is not a Beauveria bassiana Strain PPRI 5339;
approvals are exempted under ‘‘major rule’’ as defined by 5 U.S.C. Exemption From the Requirement of a
Executive Order 12866; 804(2). Tolerance
• does not impose an information
Under section 307(b)(1) of the Clean AGENCY: Environmental Protection
collection burden under the provisions
Air Act, petitions for judicial review of Agency (EPA).
of the Paperwork Reduction Act (44
this action must be filed in the United
U.S.C. 3501 et seq.); ACTION: Final rule.
• is certified as not having a States Court of Appeals for the
significant economic impact on a appropriate circuit by November 19, SUMMARY: This regulation establishes an
substantial number of small entities 2018. Filing a petition for exemption from the requirement of a
under the Regulatory Flexibility Act (5 reconsideration by the Administrator of tolerance for residues of Beauveria
U.S.C. 601 et seq.); this final rule does not affect the finality bassiana strain PPRI 5339 in or on all
• does not contain any unfunded of this action for the purposes of judicial food commodities when this pesticide
mandate or significantly or uniquely review nor does it extend the time chemical is used in accordance with
affect small governments, as described within which a petition for judicial label directions and good agricultural
in the Unfunded Mandates Reform Act review may be filed, and shall not practices. BASF Corporation submitted
of 1995 (Pub. L. 104–4); postpone the effectiveness of such rule a petition to EPA under the Federal
• does not have Federalism or action. This action may not be Food, Drug, and Cosmetic Act (FFDCA),
implications as specified in Executive challenged later in proceedings to requesting an exemption from the
Order 13132 (64 FR 43255, August 10, enforce its requirements (See section requirement of a tolerance. This
1999); 307(b)(2)). regulation eliminates the need to
• is not an economically significant List of Subjects in 40 CFR Part 52 establish a maximum permissible level
regulatory action based on health or for residues of Beauveria bassiana strain
safety risks subject to Executive Order Environmental protection, Air PPRI 5339 in or on all food commodities
13045 (62 FR 19885, April 23, 1997); pollution control, Carbon monoxide, under FFDCA.
• is not a significant regulatory action Incorporation by reference, DATES: This regulation is effective
subject to Executive Order 13211 (66 FR Intergovernmental relations, Lead, September 18, 2018. Objections and
28355, May 22, 2001); Nitrogen dioxide, Ozone, Particulate requests for hearings must be received
• is not subject to requirements of matter, Reporting and recordkeeping on or before November 19, 2018, and
Section 12(d) of the National requirements, Sulfur oxides, Volatile must be filed in accordance with the
Technology Transfer and Advancement organic compounds. instructions provided in 40 CFR part
Act of 1995 (15 U.S.C. 272 note) because 178 (see also Unit I.C. of the
Authority: 42 U.S.C. 7401 et seq.
this action does not involve technical SUPPLEMENTARY INFORMATION).
standards; and Dated: September 5, 2018.
• does not provide the EPA with the ADDRESSES: The docket for this action,
Chris Hladick,
discretionary authority to address, as identified by docket identification (ID)
Regional Administrator, Region 10.
appropriate, disproportionate human number EPA–HQ–OPP–2016–0608, is
health or environmental effects, using 40 CFR part 52 is amended as follows: available at http://www.regulations.gov
practicable and legally permissible or at the Office of Pesticide Programs
methods, under Executive Order 12898 PART 52—APPROVAL AND Regulatory Public Docket (OPP Docket)
(59 FR 7629, February 16, 1994). PROMULGATION OF in the Environmental Protection Agency
The SIP is not approved to apply on IMPLEMENTATION PLANS Docket Center (EPA/DC), West William
any Indian reservation land and is also Jefferson Clinton Bldg., Rm. 3334, 1301
not approved to apply in any other area ■ 1. The authority citation for Part 52 Constitution Ave. NW, Washington, DC
where the EPA or an Indian tribe has continues to read as follows: 20460–0001. The Public Reading Room
demonstrated that a tribe has is open from 8:30 a.m. to 4:30 p.m.,
Authority: 42 U.S.C. 7401 et seq.
jurisdiction. In those areas of Indian Monday through Friday, excluding legal
country, the rule does not have tribal Subpart MM—Oregon holidays. The telephone number for the
implications as specified by Executive Public Reading Room is (202) 566–1744,
Order 13175 (65 FR 67249, November 9, and the telephone number for the OPP
■ 2. Section 52.1992 is added to read as
2000). Docket is (703) 305–5805. Please review
follows:
The Congressional Review Act, 5 the visitor instructions and additional
U.S.C. 801 et seq., as added by the Small § 52.1992 Interstate Transport for the 2012 information about the docket available
Business Regulatory Enforcement PM2.5 NAAQS. at http://www.epa.gov/dockets.
Fairness Act of 1996, generally provides (a) The EPA approves Oregon’s SIP FOR FURTHER INFORMATION CONTACT:
that before a rule may take effect, the revision submitted on October 20, 2015, Robert McNally, Biopesticides and
agency promulgating the rule must Pollution Prevention Division (7511P),
daltland on DSKBBV9HB2PROD with RULES
addressing the requirements of CAA
submit a rule report, which includes a section 110(a)(2)(D)(i)(I) for the 2012 Office of Pesticide Programs,
copy of the rule, to each House of the PM2.5 NAAQS. Environmental Protection Agency, 1200
Congress and to the Comptroller General Pennsylvania Ave. NW, Washington, DC
of the United States. The EPA will (b) [Reserved] 20460–0001; main telephone number:
submit a report containing this action [FR Doc. 2018–20172 Filed 9–17–18; 8:45 am] (703) 305–7090; email address:
and other required information to the BILLING CODE 6560–50–P BPPDFRNotices@epa.gov.
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Document Created: 2018-09-18 01:18:09
Document Modified: 2018-09-18 01:18:09
| 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 October 18, 2018. | |
| Contact | Jeff Hunt at (206) 553-0256, or [email protected] | |
| FR Citation | 83 FR 47073 | |
| 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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