83 FR 47568 - Air Plan Approval; Washington; Interstate Transport Requirements for the 2015 Ozone NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 183 (September 20, 2018)
Federal Register Volume 83, Issue 183 (September 20, 2018)
| Page Range | 47568-47569 | |
| FR Document | 2018-20389 |
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)] [Rules and Regulations] [Pages 47568-47569] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20389] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2018-0061; FRL-9983-83--Region 10] Air Plan Approval; Washington; Interstate Transport Requirements for the 2015 Ozone 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 February 7, 2018, the State of Washington made a submittal to the Environmental Protection Agency (EPA) to address these requirements for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The EPA is approving the submittal as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will significantly contribute to nonattainment or interfere with maintenance of the 2015 ozone NAAQS in any other state. DATES: This final rule is effective October 22, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2018-0061. 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 23, 2018, the EPA proposed to approve Washington 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 2015 ozone NAAQS in any other state (83 FR 34813). 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 22, 2018. II. Response to Comments We received several anonymous comments unrelated to Washington'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 Washington's February 7, 2018, submittal certifying that the SIP is sufficient to meet the interstate transport requirements of Clean Air Act section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS. 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 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 [[Page 47569]] 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. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart WW--Washington 0 2. In Sec. 52.2470, table 2 in paragraph (e) is amended by adding the entry for ``Interstate Transport for the 2015 Ozone NAAQS'' immediately below the entry for ``Interstate Transport for the 2012 PM 2.5 NAAQS'' to read as follows: Sec. 52.2470 Identification of plan. * * * * * (e) * * * Table 2--Attainment, Maintenance, and Other Plans ---------------------------------------------------------------------------------------------------------------- Applicable geographic State Name of SIP provision or nonattainment area submittal date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- * * * * * * * Interstate Transport for the Statewide.............. 2/7/2018 9/20/2018, [Insert This action 2015 Ozone NAAQS. Federal Register addresses CAA citation]. 110(a)(2)(D)(i)(I ). * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-20389 Filed 9-19-18; 8:45 am] BILLING CODE 6560-50-P
![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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![Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations 47569
this action must be filed in the United Intergovernmental relations, Lead, Authority: 42 U.S.C. 7401 et seq.
States Court of Appeals for the Nitrogen dioxide, Ozone, Particulate
appropriate circuit by November 19, matter, Reporting and recordkeeping Subpart WW—Washington
2018. Filing a petition for requirements, Sulfur oxides, Volatile
reconsideration by the Administrator of organic compounds. ■ 2. In § 52.2470, table 2 in paragraph
this final rule does not affect the finality Authority: 42 U.S.C. 7401 et seq. (e) is amended by adding the entry for
of this action for the purposes of judicial ‘‘Interstate Transport for the 2015 Ozone
review nor does it extend the time Dated: September 5, 2018.
NAAQS’’ immediately below the entry
within which a petition for judicial Chris Hladick, for ‘‘Interstate Transport for the 2012
review may be filed, and shall not Regional Administrator, Region 10. PM2.5 NAAQS’’ to read as follows:
postpone the effectiveness of such rule For the reasons set forth in the
or action. This action may not be preamble, 40 CFR part 52 is amended as § 52.2470 Identification of plan.
challenged later in proceedings to follows: * * * * *
enforce its requirements (See section
PART 52—APPROVAL AND (e) * * *
307(b)(2)).
PROMULGATION OF
List of Subjects in 40 CFR Part 52 IMPLEMENTATION PLANS
Environmental protection, Air
pollution control, Carbon monoxide, ■ 1. The authority citation for part 52
Incorporation by reference, continues to read as follows:
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable
geographic or State
Name of SIP provision EPA approval date Explanations
nonattainment submittal date
area
* * * * * * *
Interstate Transport for the 2015 Statewide .......... 2/7/2018 9/20/2018, [Insert Federal Reg- This action addresses CAA
Ozone NAAQS. ister citation]. 110(a)(2)(D)(i)(I).
* * * * * * *
[FR Doc. 2018–20389 Filed 9–19–18; 8:45 am] Arkansas sources do not contribute SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P significantly to nonattainment in, or Throughout this document ‘‘we,’’ ‘‘us,’’
interfere with maintenance by, any and ‘‘our’’ means the EPA. We selected
other state with regard to the 2012 PM2.5 a November 7, 2018 effective date for
ENVIRONMENTAL PROTECTION NAAQS. The EPA is also approving a this final rule in order for the CFR to
AGENCY revision to update incorporation by reflect this approval and our August 8,
reference of NAAQS germane to the 2018 approval of Arkansas Regulation
40 CFR Part 52
Arkansas SIP. 19 Chapter 2 (83 FR 38964) which has
[EPA–R06–OAR–2017–0435; FRL–9983– an effective date of November 6, 2018.
35—Region 6] This final rule is effective on
DATES:
November 7, 2018. I. Background
Approval and Promulgation of ADDRESSES: The EPA has established a
Implementation Plans; Arkansas; The background for this action is
docket for this action under Docket ID
Interstate Transport Requirements for discussed in detail in our June 26, 2018
No EPA–R06–OAR–2017–0435. All
the 2012 PM2.5 NAAQS and Definition proposal (83 FR 30622). In that
documents in the docket are listed on
Update document we proposed to approve
the http://www.regulations.gov website.
portions of Arkansas’ State
AGENCY: Environmental Protection Although listed in the index, some
Agency (EPA). information is not publicly available, Implementation Plan (SIP) March 24,
e.g., Confidential Business Information 2017 submittal, that addresses a CAA
ACTION: Final rule.
or other information whose disclosure is requirement that SIPs account for
SUMMARY: Pursuant to the Federal Clean restricted by statute. Certain other potential interstate transport of air
Air Act (CAA or the Act), the material, such as copyrighted material, pollution that significantly contributes
Environmental Protection Agency (EPA) is not placed on the internet and will be to nonattainment or interferes with
is approving portions of the Arkansas publicly available only in hard copy maintenance of the 2012 PM2.5 NAAQS
State Implementation Plan (SIP) form. Publicly available docket in other states. We proposed to
submittal addressing the CAA materials are available either determine that emissions from Arkansas
requirement that SIPs address the electronically through http:// sources do not contribute significantly
potential for interstate transport of air
tkelley on DSKBCP9HB2PROD with RULES2
www.regulations.gov or in hard copy at to nonattainment in, or interfere with
pollution to significantly contribute to the EPA Region 6, 1445 Ross Avenue, maintenance by, any other state with
nonattainment or interfere with regard to the 2012 PM2.5 NAAQS. We
Suite 700, Dallas, Texas 75202–2733.
maintenance of the 2012 fine particulate also proposed to approve updates to that
matter (PM2.5) National Ambient Air FOR FURTHER INFORMATION CONTACT:
Quality Standard (NAAQS) in other Sherry Fuerst, 214–665–6454,
states. EPA finds that emissions from fuerst.sherry@epa.gov.
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Document Created: 2018-09-20 02:09:02
Document Modified: 2018-09-20 02:09:02
| 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 22, 2018. | |
| Contact | Jeff Hunt at (206) 553-0256, or [email protected] | |
| FR Citation | 83 FR 47568 | |
| 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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