83_FR_47749 83 FR 47566 - Air Quality State Implementation Plans; Approvals and Promulgations: Infrastructure Monitoring Requirements for the 2008 Pb, 2010 SO2

83 FR 47566 - Air Quality State Implementation Plans; Approvals and Promulgations: Infrastructure Monitoring Requirements for the 2008 Pb, 2010 SO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47566-47568
FR Document2018-20448

The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) revisions from the State of Utah to demonstrate the State meets infrastructure monitoring requirements of the Clean Air Act (Act or CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for lead (Pb) on October 15, 2008, nitrogen dioxide (NO<INF>2</INF>) on January 22, 2010, sulfur dioxide (SO<INF>2</INF>) on June 2, 2010, and fine particulate matter (PM<INF>2.5</INF>) on December 14, 2012. The EPA is taking this action pursuant to section 110 of the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47566-47568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20448]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0388-0001; FRL-9983-73--Region 8]


Air Quality State Implementation Plans; Approvals and 
Promulgations: Infrastructure Monitoring Requirements for the 2008 Pb, 
2010 SO2, 2010 NO2 and 2012 PM2.5 National Ambient Air Quality 
Standards; Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) revisions from the State of 
Utah to demonstrate the State meets infrastructure monitoring 
requirements of the Clean Air Act (Act or CAA) for the National Ambient 
Air Quality Standards (NAAQS) promulgated for lead (Pb) on October 15, 
2008, nitrogen dioxide (NO2) on January 22, 2010, sulfur 
dioxide (SO2) on June 2, 2010, and fine particulate matter 
(PM2.5) on December 14, 2012. The EPA is taking this action 
pursuant to section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on October 22, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0388-0001. 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., 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: Kate Gregory, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6175, 
gregory.kate@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our July 
23, 2018 proposal (83 FR 34816). In that document we proposed to 
approve the State's submittal in reference to infrastructure 
requirements for CAA section 110(a)(2)(B), element B: Ambient air 
quality monitoring/data system. In the proposal, we find that Utah's 
SIP and practices are adequate for the

[[Page 47567]]

ambient air quality monitoring and data system requirements and 
therefore propose to approve the infrastructure SIP for the 2008 Pb, 
2010 SO2, 2010 NO2 and 2012 PM2.5 
NAAQS for this element.

II. Response to Comments

    The EPA received six anonymous comments on the proposal. After 
reviewing the comments, the EPA has determined that the comments are 
outside the scope of our proposed action or fail to identify any 
material issue necessitating a response. All comments received on this 
action are available for review in the docket for this rulemaking. This 
rule will be finalized as proposed without revisions.

III. Final Action

    We are approving infrastructure element B for the 2008 Pb, 2010 
SO2, 2010 NO2 and 2012 PM2.5 NAAQS 
from the State's certifications as shown in Table 1.

 Table 1--List of Utah Infrastructure Elements That the EPA Is Approving
------------------------------------------------------------------------
                           Approval                             Element
------------------------------------------------------------------------
January 19, 2012 submittal--2008 Pb NAAQS....................       (B)
January 31, 2013 submittal--2010 NO2 NAAQS...................       (B)
June 2, 2013 submittal--2010 SO2 NAAQS.......................       (B)
December 4, 2015 submittal--2012 PM2.5 NAAQS.................       (B)
------------------------------------------------------------------------

    For the basis of our approval, please refer to the July 23, 2018 
proposal (83 FR 34816).

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. 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, 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 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 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 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, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 14, 2018.
Douglas Benevento,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to 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 TT--Utah

0
2. Section 52.2355 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.2355  Section 110(a)(2) infrastructure requirements.

* * * * *
    (d) The Utah Department of Environmental Quality submitted 
certification of Utah's infrastructure SIP for the 2008 Pb NAAQS on 
January 19, 2012; 2010 NO2 NAAQS on January 31, 2013; 2010 
SO2 NAAQS on June 2, 2013; and 2012 PM2.5 on 
December 4, 2015. Utah's infrastructure certifications demonstrate how 
the State, where applicable, has plans in place that meet the 
requirements of section 110 for the 2008 Pb, 2010 NO2, 2010 
SO2 and 2012 PM2.5 NAAQS. The State's 
Infrastructure SIP for 2008 Pb, 2010

[[Page 47568]]

NO2, 2010 SO2 and 2012 PM2.5 NAAQS is 
approved with respect to 110(a)(2)(B).

[FR Doc. 2018-20448 Filed 9-19-18; 8:45 am]
BILLING CODE 6560-50-P



                                             47566            Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations

                                                                                                                        State              EPA
                                                  Rule No.                            Rule title                       effective         effective        Final rule citation/date       Comments
                                                                                                                         date              date

                                                      *                      *                   *                              *                           *                   *               *
                                             Section 03 .........   Emission standards for nitrogen ox-               12/20/2016        10/22/2018     [Insert Federal Register
                                                                     ides.                                                                                citation]. 9/20/2018.

                                                      *                        *                       *                           *                        *                   *               *
                                             Section 09 .........   Incorporation by reference ..................          2/5/2018     10/22/2018     [Insert Federal Register
                                                                                                                                                          citation]. 9/20/2018.

                                                        *                        *                        *                        *                       *                         *          *

                                                                                                              Chapter 06. Permitting Requirements


                                                      *                       *                       *                         *                           *                   *               *
                                             Section 04 .........   Prevention of significant deterioration           12/20/2016        10/22/2018     [Insert Federal Register
                                                                                                                                                          citation]. September 20,
                                                                                                                                                          2018.

                                                      *                        *                       *                           *                        *                   *               *
                                             Section 14 .........   Incorporation by reference ..................          2/5/2018     10/22/2018     [Insert Federal Register
                                                                                                                                                          citation]. September 20,
                                                                                                                                                          2018.

                                                        *                        *                        *                        *                       *                         *          *

                                                                                                       Chapter 08. Non-attainment Area Regulations


                                                      *                         *                  *                               *                        *                   *               *
                                             Section 03 .........   Conformity of general federal actions                  2/5/2018     10/22/2018     [Insert Federal Register
                                                                      to state implementation plans.                                                      citation]. September 20,
                                                                                                                                                          2018.

                                                      *                        *                       *                           *                        *                   *               *
                                             Section 10 .........   Incorporation by reference ..................          2/5/2018     10/22/2018     [Insert Federal Register
                                                                                                                                                          citation]. September 20,
                                                                                                                                                          2018.

                                                        *                        *                        *                        *                       *                         *          *



                                             *      *       *       *      *                            infrastructure monitoring requirements                   available through http://
                                             [FR Doc. 2018–20447 Filed 9–19–18; 8:45 am]                of the Clean Air Act (Act or CAA) for                    www.regulations.gov, or please contact
                                             BILLING CODE 6560–50–P                                     the National Ambient Air Quality                         the person identified in the FOR FURTHER
                                                                                                        Standards (NAAQS) promulgated for                        INFORMATION CONTACT section for
                                                                                                        lead (Pb) on October 15, 2008, nitrogen                  additional availability information.
                                             ENVIRONMENTAL PROTECTION                                   dioxide (NO2) on January 22, 2010,                       FOR FURTHER INFORMATION CONTACT: Kate
                                             AGENCY                                                     sulfur dioxide (SO2) on June 2, 2010,                    Gregory, Air Program, U.S.
                                                                                                        and fine particulate matter (PM2.5) on                   Environmental Protection Agency
                                             40 CFR Part 52                                             December 14, 2012. The EPA is taking                     (EPA), Region 8, Mail Code 8P–AR,
                                             [EPA–R08–OAR–2018–0388–0001; FRL–                          this action pursuant to section 110 of                   1595 Wynkoop Street, Denver, Colorado
                                             9983–73—Region 8]                                          the Clean Air Act (CAA).                                 80202–1129, (303) 312–6175,
                                                                                                        DATES: This rule is effective on October                 gregory.kate@epa.gov.
                                             Air Quality State Implementation                           22, 2018.                                                SUPPLEMENTARY INFORMATION:
                                             Plans; Approvals and Promulgations:
                                                                                                        ADDRESSES: The EPA has established a                     Throughout this document ‘‘we,’’ ‘‘us,’’
                                             Infrastructure Monitoring
                                                                                                        docket for this action under Docket ID                   and ‘‘our’’ means the EPA.
                                             Requirements for the 2008 Pb, 2010
                                                                                                        No. EPA–R08–OAR–2018–0388–0001.
                                             SO2, 2010 NO2 and 2012 PM2.5 National                                                                               I. Background
                                                                                                        All documents in the docket are listed
                                             Ambient Air Quality Standards; Utah
                                                                                                        on the http://www.regulations.gov                          The background for this action is
                                             AGENCY:  Environmental Protection                          website. Although listed in the index,                   discussed in detail in our July 23, 2018
                                             Agency (EPA).                                              some information is not publicly                         proposal (83 FR 34816). In that
                                                                                                        available, e.g., CBI or other information                document we proposed to approve the
tkelley on DSKBCP9HB2PROD with RULES2




                                             ACTION: Final rule.
                                                                                                        whose disclosure is restricted by statute.               State’s submittal in reference to
                                             SUMMARY:   The Environmental Protection                    Certain other material, such as                          infrastructure requirements for CAA
                                             Agency (EPA) is approving elements of                      copyrighted material, is not placed on                   section 110(a)(2)(B), element B: Ambient
                                             State Implementation Plan (SIP)                            the internet and will be publicly                        air quality monitoring/data system. In
                                             revisions from the State of Utah to                        available only in hard copy form.                        the proposal, we find that Utah’s SIP
                                             demonstrate the State meets                                Publicly available docket materials are                  and practices are adequate for the


                                        VerDate Sep<11>2014     16:15 Sep 19, 2018   Jkt 244001    PO 00000    Frm 00020   Fmt 4700    Sfmt 4700   E:\FR\FM\20SER1.SGM   20SER1


                                                              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations                                                   47567

                                             ambient air quality monitoring and data                            • Is not an Executive Order 13771 (82              publication of the rule in the Federal
                                             system requirements and therefore                               FR 9339, February 2, 2017) regulatory                 Register. A major rule cannot take effect
                                             propose to approve the infrastructure                           action because SIP approvals are                      until 60 days after it is published in the
                                             SIP for the 2008 Pb, 2010 SO2, 2010 NO2                         exempted under Executive Order 12866;                 Federal Register. This action is not a
                                             and 2012 PM2.5 NAAQS for this                                      • Does not impose an information                   ‘‘major rule’’ as defined by 5 U.S.C.
                                             element.                                                        collection burden under the provisions                804(2).
                                                                                                             of the Paperwork Reduction Act (44                      Under section 307(b)(1) of the Clean
                                             II. Response to Comments                                                                                              Air Act, petitions for judicial review of
                                                                                                             U.S.C. 3501 et seq.);
                                               The EPA received six anonymous                                   • Is certified as not having a                     this action must be filed in the United
                                             comments on the proposal. After                                 significant economic impact on a                      States Court of Appeals for the
                                             reviewing the comments, the EPA has                             substantial number of small entities                  appropriate circuit by November 19,
                                             determined that the comments are                                under the Regulatory Flexibility Act (5               2018. Filing a petition for
                                             outside the scope of our proposed action                        U.S.C. 601 et seq.);                                  reconsideration by the Administrator of
                                             or fail to identify any material issue                             • Does not contain any unfunded                    this final rule does not affect the finality
                                             necessitating a response. All comments                          mandate or significantly or uniquely                  of this action for the purposes of judicial
                                             received on this action are available for                       affect small governments, described in                review nor does it extend the time
                                             review in the docket for this                                   the Unfunded Mandates Reform Act of                   within which a petition for judicial
                                             rulemaking. This rule will be finalized                         1995 (Pub. L. 104–4);                                 review may be filed, and shall not
                                             as proposed without revisions.                                     • Does not have federalism                         postpone the effectiveness of such rule
                                                                                                             implications as specified in Executive                or action. This action may not be
                                             III. Final Action                                                                                                     challenged later in proceedings to
                                                                                                             Order 13132 (64 FR 43255, August 10,
                                               We are approving infrastructure                               1999);                                                enforce its requirements. (See section
                                             element B for the 2008 Pb, 2010 SO2,                               • Is not an economically significant               307(b)(2).)
                                             2010 NO2 and 2012 PM2.5 NAAQS from                              regulatory action based on health or                  List of Subjects in 40 CFR Part 52
                                             the State’s certifications as shown in                          safety risks subject to Executive Order
                                             Table 1.                                                        13045 (62 FR 19885, April 23, 1997);                    Environmental protection, Air
                                                                                                                • Is not a significant regulatory action           pollution control, Carbon monoxide,
                                               TABLE 1—LIST OF UTAH INFRASTRUC-                              subject to Executive Order 13211 (66 FR               Incorporation by reference,
                                                                                                             28355, May 22, 2001);                                 Intergovernmental relations,
                                                TURE ELEMENTS THAT THE EPA IS
                                                                                                                • Is not subject to requirements of                Greenhouse gases, Lead, Nitrogen
                                                APPROVING                                                                                                          dioxide, Ozone, Particulate matter,
                                                                                                             section 12(d) of the National
                                                                                                             Technology Transfer and Advancement                   Reporting and recordkeeping
                                                               Approval                         Element
                                                                                                             Act of 1995 (15 U.S.C. 272 note) because              requirements, Sulfur oxides, Volatile
                                             January 19, 2012 submittal—2008                                 application of those requirements would               organic compounds.
                                               Pb NAAQS ..................................        (B)        be inconsistent with the CAA; and                       Dated: September 14, 2018.
                                             January 31, 2013 submittal—2010
                                                                                                                • Does not provide the EPA with the                Douglas Benevento,
                                               NO2 NAAQS ...............................          (B)
                                             June 2, 2013 submittal—2010 SO2                                 discretionary authority to address, as                Regional Administrator, Region 8.
                                               NAAQS ........................................     (B)        appropriate, disproportionate human                       40 CFR part 52 is amended to follows:
                                             December 4, 2015 submittal—2012                                 health or environmental effects, using
                                               PM2.5 NAAQS .............................          (B)        practicable and legally permissible                   PART 52—APPROVAL AND
                                                                                                             methods, under Executive Order 12898                  PROMULGATION OF
                                               For the basis of our approval, please                         (59 FR 7629, February 16, 1994).                      IMPLEMENTATION PLANS
                                             refer to the July 23, 2018 proposal (83                         In addition, the SIP is not approved to
                                             FR 34816).                                                      apply on any Indian reservation land or               ■ 1. The authority citation for part 52
                                                                                                             in any other area where EPA or an                     continues to read as follows:
                                             IV. Statutory and Executive Order
                                             Reviews                                                         Indian tribe has demonstrated that a                      Authority: 42 U.S.C. 7401 et seq.
                                                                                                             tribe has jurisdiction. In those areas of
                                               Under the Clean Air Act, the                                  Indian country, the rule does not have                Subpart TT—Utah
                                             Administrator is required to approve a                          tribal implications and will not impose               ■ 2. Section 52.2355 is amended by
                                             SIP submission that complies with the                           substantial direct costs on tribal                    adding paragraph (d) to read as follows:
                                             provisions of the Act and applicable                            governments or preempt tribal law as
                                             federal regulations. 42 U.S.C. 7410(k);                         specified by Executive Order 13175 (65                § 52.2355 Section 110(a)(2) infrastructure
                                             40 CFR 52.02(a). Thus, in reviewing SIP                         FR 67249, November 9, 2000).                          requirements.
                                             submissions, the EPA’s role is to                                  The Congressional Review Act, 5                    *     *     *     *     *
                                             approve state choices, provided that                            U.S.C. 801 et seq., as added by the Small               (d) The Utah Department of
                                             they meet the criteria of the Clean Air                         Business Regulatory Enforcement                       Environmental Quality submitted
                                             Act. Accordingly, this action merely                            Fairness Act of 1996, generally provides              certification of Utah’s infrastructure SIP
                                             approves state law as meeting federal                           that before a rule may take effect, the               for the 2008 Pb NAAQS on January 19,
                                             requirements and does not impose                                agency promulgating the rule must                     2012; 2010 NO2 NAAQS on January 31,
                                             additional requirements beyond those                            submit a rule report, which includes a                2013; 2010 SO2 NAAQS on June 2,
                                             imposed by state law. For that reason,                          copy of the rule, to each House of the                2013; and 2012 PM2.5 on December 4,
                                             this action:                                                    Congress and to the Comptroller General               2015. Utah’s infrastructure certifications
tkelley on DSKBCP9HB2PROD with RULES2




                                               • Is not a ‘‘significant regulatory                           of the United States. The EPA will                    demonstrate how the State, where
                                             action’’ subject to review by the Office                        submit a report containing this action                applicable, has plans in place that meet
                                             of Management and Budget under                                  and other required information to the                 the requirements of section 110 for the
                                             Executive Orders 12866 (58 FR 51735,                            U.S. Senate, the U.S. House of                        2008 Pb, 2010 NO2, 2010 SO2 and 2012
                                             October 4, 1993) and 13563 (76 FR 3821,                         Representatives, and the Comptroller                  PM2.5 NAAQS. The State’s
                                             January 21, 2011);                                              General of the United States prior to                 Infrastructure SIP for 2008 Pb, 2010


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                                             47568            Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations

                                             NO2, 2010 SO2 and 2012 PM2.5 NAAQS                       I. Background Information                             of the Paperwork Reduction Act (44
                                             is approved with respect to 110(a)(2)(B).                   On July 23, 2018, the EPA proposed                 U.S.C. 3501 et seq.);
                                             [FR Doc. 2018–20448 Filed 9–19–18; 8:45 am]              to approve Washington as meeting the                     • is certified as not having a
                                             BILLING CODE 6560–50–P                                   requirement that each SIP contain                     significant economic impact on a
                                                                                                      adequate provisions to prohibit                       substantial number of small entities
                                                                                                      emissions that will contribute                        under the Regulatory Flexibility Act (5
                                             ENVIRONMENTAL PROTECTION                                 significantly to nonattainment or                     U.S.C. 601 et seq.);
                                             AGENCY                                                   interfere with maintenance of the 2015                   • does not contain any unfunded
                                                                                                      ozone NAAQS in any other state (83 FR                 mandate or significantly or uniquely
                                             40 CFR Part 52                                           34813). An explanation of the Clean Air               affect small governments, as described
                                                                                                      Act requirements, a detailed analysis of              in the Unfunded Mandates Reform Act
                                             [EPA–R10–OAR–2018–0061; FRL–9983–
                                                                                                      the submittal, and the EPA’s reasons for              of 1995 (Pub. L. 104–4);
                                             83—Region 10]                                                                                                     • does not have Federalism
                                                                                                      proposing approval were provided in
                                                                                                      the notice of proposed rulemaking, and                implications as specified in Executive
                                             Air Plan Approval; Washington;                                                                                 Order 13132 (64 FR 43255, August 10,
                                             Interstate Transport Requirements for                    will not be restated here. The public
                                                                                                      comment period for the proposal ended                 1999);
                                             the 2015 Ozone NAAQS                                                                                              • is not an economically significant
                                                                                                      August 22, 2018.
                                             AGENCY:  Environmental Protection                                                                              regulatory action based on health or
                                             Agency (EPA).                                            II. Response to Comments                              safety risks subject to Executive Order
                                                                                                         We received several anonymous                      13045 (62 FR 19885, April 23, 1997);
                                             ACTION: Final rule.                                                                                               • is not a significant regulatory action
                                                                                                      comments unrelated to Washington’s
                                             SUMMARY:   The Clean Air Act (CAA)                       submission. After reviewing the                       subject to Executive Order 13211 (66 FR
                                             requires each State Implementation Plan                  anonymous comments, we have                           28355, May 22, 2001);
                                                                                                      determined that the comments are                         • is not subject to requirements of
                                             (SIP) to contain adequate provisions
                                                                                                      outside the scope of our proposed action              Section 12(d) of the National
                                             prohibiting emissions that will have
                                                                                                      and fail to identify any material issue               Technology Transfer and Advancement
                                             certain adverse air quality effects in
                                                                                                      necessitating a response. For more                    Act of 1995 (15 U.S.C. 272 note) because
                                             other states. On February 7, 2018, the
                                                                                                      information, please see our                           this action does not involve technical
                                             State of Washington made a submittal to
                                                                                                      memorandum included in the docket for                 standards; and
                                             the Environmental Protection Agency                                                                               • does not provide the EPA with the
                                             (EPA) to address these requirements for                  this action.
                                                                                                                                                            discretionary authority to address, as
                                             the 2015 ozone National Ambient Air                      III. Final Action                                     appropriate, disproportionate human
                                             Quality Standards (NAAQS). The EPA is                                                                          health or environmental effects, using
                                             approving the submittal as meeting the                      The EPA is approving Washington’s
                                                                                                      February 7, 2018, submittal certifying                practicable and legally permissible
                                             requirement that each SIP contain                                                                              methods, under Executive Order 12898
                                             adequate provisions to prohibit                          that the SIP is sufficient to meet the
                                                                                                      interstate transport requirements of                  (59 FR 7629, February 16, 1994).
                                             emissions that will significantly                                                                                 The SIP is not approved to apply on
                                             contribute to nonattainment or interfere                 Clean Air Act section 110(a)(2)(D)(i)(I)
                                                                                                      for the 2015 ozone NAAQS.                             any Indian reservation land and is also
                                             with maintenance of the 2015 ozone                                                                             not approved to apply in any other area
                                             NAAQS in any other state.                                IV. Statutory and Executive Order                     where the EPA or an Indian tribe has
                                             DATES: This final rule is effective                      Reviews                                               demonstrated that a tribe has
                                             October 22, 2018.                                          Under the Clean Air Act, the                        jurisdiction. In those areas of Indian
                                             ADDRESSES: The EPA has established a                     Administrator is required to approve a                country, the rule does not have tribal
                                             docket for this action under Docket ID                   SIP submission that complies with the                 implications as specified by Executive
                                             No. EPA–R10–OAR–2018–0061. All                           provisions of the Clean Air Act and                   Order 13175 (65 FR 67249, November 9,
                                             documents in the docket are listed on                    applicable federal regulations. 42 U.S.C.             2000).
                                             the https://www.regulations.gov                          7410(k); 40 CFR 52.02(a). Thus, in                       The Congressional Review Act, 5
                                             website. Although listed in the index,                   reviewing SIP submissions, the EPA’s                  U.S.C. 801 et seq., as added by the Small
                                             some information is not publicly                         role is to approve state choices,                     Business Regulatory Enforcement
                                             available, e.g., CBI or other information                provided that they meet the criteria of               Fairness Act of 1996, generally provides
                                             the disclosure of which is restricted by                 the Clean Air Act. Accordingly, this                  that before a rule may take effect, the
                                             statute. Certain other material, such as                 action merely approves state law as                   agency promulgating the rule must
                                             copyrighted material, is not placed on                   meeting federal requirements and does                 submit a rule report, which includes a
                                             the internet and is publicly available                   not impose additional requirements                    copy of the rule, to each House of the
                                             only in hard copy form. Publicly                         beyond those imposed by state law. For                Congress and to the Comptroller General
                                             available docket materials are available                 that reason, this action:                             of the United States. The EPA will
                                             at https://www.regulations.gov, or                         • Is not a ‘‘significant regulatory                 submit a report containing this action
                                             please contact the person identified in                  action’’ subject to review by the Office              and other required information to the
                                             the FOR FURTHER INFORMATION CONTACT                      of Management and Budget under                        U.S. Senate, the U.S. House of
                                             section for additional availability                      Executive Orders 12866 (58 FR 51735,                  Representatives, and the Comptroller
                                             information.                                             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
                                             FOR FURTHER INFORMATION CONTACT:    Jeff
                                                                                                        • is not an Executive Order 13771 (82
tkelley on DSKBCP9HB2PROD with RULES2




                                                                                                                                                            Register. A major rule cannot take effect
                                             Hunt at (206) 553–0256, or hunt.jeff@
                                                                                                      FR 9339, February 2, 2017) regulatory                 until 60 days after it is published in the
                                             epa.gov.
                                                                                                      action because actions such as SIP                    Federal Register. This action is not a
                                             SUPPLEMENTARY INFORMATION:                               approvals are exempted under                          ‘‘major rule’’ as defined by 5 U.S.C.
                                             Throughout this document wherever                        Executive Order 12866;                                804(2).
                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is                  • does not impose an information                       Under section 307(b)(1) of the Clean
                                             intended to refer to the EPA.                            collection burden under the provisions                Air Act, petitions for judicial review of


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Document Created: 2018-09-20 02:08:53
Document Modified: 2018-09-20 02:08:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on October 22, 2018.
ContactKate Gregory, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6175, [email protected]
FR Citation83 FR 47566 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Greenhouse Gases; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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