83 FR 48240 - Air Plan Approval; Idaho; Interstate Transport Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 185 (September 24, 2018)
Federal Register Volume 83, Issue 185 (September 24, 2018)
| Page Range | 48240-48242 | |
| FR Document | 2018-20616 |
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)] [Rules and Regulations] [Pages 48240-48242] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20616] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2018-0509; FRL-9984-29--Region 10] Air Plan Approval; Idaho; 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 December 23, 2015, the State of Idaho 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 24, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2018-0509. 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 18, 2018, the EPA proposed to approve Idaho 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 [[Page 48241]] 33892). 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 17, 2018. II. Response to Comments We received two comments on the rulemaking. After reviewing the 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 Idaho's December 23, 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 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 23, 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 N--Idaho 0 2. In Sec. 52.670, paragraph (e) is amended by adding an entry at the end of the table for ``Interstate Transport Requirements for the 2012 PM 2.5 NAAQS'' to read as follows: Sec. 52.670 Identification of plan. * * * * * (e) * * * [[Page 48242]] EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- State Name of SIP provision Applicable geographic or submittal EPA approval date Comments nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Interstate Transport State-wide.............. 12/23/2015 9/24/2018, [Insert This action Requirements for the 2012 PM2.5 Federal Register addresses CAA NAAQS. citation]. 110(a)(2)(D)(i)(I ). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-20616 Filed 9-21-18; 8:45 am] BILLING CODE 6560-50-P
![48240 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS—Continued
State effective
Provision EPA approval date Explanation
date
110(a)(1) and (2) Infrastructure 12/18/2015 9/24/2018, [Insert citation of Addressing prong 4 of section 110(a)(2)(D)(i)(II) only.
Requirements for the 2012 publication].
Annual PM2.5 NAAQS.
Regional Haze Plan Revision .. 9/5/2017 9/24/2018, [Insert citation of
publication].
§ 52.2127 [Removed and Reserved] Subpart RR—Tennessee Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ and ‘‘Regional
■ 3. Section 52.2127 is removed and ■ 5. Section 52.2220 is amended by Haze Plan Revision’’ at the end of the
reserved. adding entries for ‘‘110(a)(1) and (2) table in paragraph (e) to read as follows:
§ 52.2132 [Removed and Reserved] Infrastructure Requirements for the 2010
1-hour NO2 NAAQS’’, ‘‘110(a)(1) and (2) § 52.2220 Identification of plan.
■ 4. Section 52.2132 is removed and Infrastructure Requirements for the 2010 * * * * *
reserved. 1-hour SO2 NAAQS’’, ‘‘110(a)(1) and (2) (e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable State effective
Name of non-regulatory SIP provision geographic or EPA approval date Explanation
date
nonattainment area
* * * * * * *
110(a)(1) and (2) Infrastructure Require- Tennessee ............. 3/13/2014 9/24/2018, [Insert Addressing prong 4 of section
ments for the 2010 1-hour NO2 citation of publi- 110(a)(2)(D)(i)(II) only.
NAAQS. cation].
110(a)(1) and (2) Infrastructure Require- Tennessee ............. 3/13/2014 9/24/2018, [Insert Addressing prong 4 of section
ments for the 2010 1-hour SO2 citation of publi- 110(a)(2)(D)(i)(II) only.
NAAQS. cation].
110(a)(1) and (2) Infrastructure Require- Tennessee ............. 12/16/2015 9/24/2018, [Insert Addressing prong 4 of section
ments for the 2012 Annual PM2.5 citation of publi- 110(a)(2)(D)(i)(II) only.
NAAQS. cation].
Regional Haze Plan Revision ................. Tennessee ............. 11/22/2017 9/24/2018, [Insert
citation of publi-
cation].
§ 52.2219 [Removed and Reserved] (SIP) to contain adequate provisions statute. Certain other material, such as
■ 6. Section 52.2219 is removed and prohibiting emissions that will have copyrighted material, is not placed on
reserved. certain adverse air quality effects in the internet and is publicly available
other states. On December 23, 2015, the only in hard copy form. Publicly
§ 52.2234 [Removed and Reserved] State of Idaho made a submission to the available docket materials are available
■ 7. Sections 52.2234 is removed and Environmental Protection Agency (EPA) at https://www.regulations.gov, or
reserved. to address these requirements. The EPA please contact the person identified in
is approving the submission as meeting the FOR FURTHER INFORMATION CONTACT
[FR Doc. 2018–20621 Filed 9–21–18; 8:45 am]
the requirement that each SIP contain section for additional availability
BILLING CODE 6560–50–P
adequate provisions to prohibit information.
emissions that will contribute
FOR FURTHER INFORMATION CONTACT: Jeff
ENVIRONMENTAL PROTECTION significantly to nonattainment or
Hunt at (206) 553–0256, or hunt.jeff@
AGENCY interfere with maintenance of the 2012
epa.gov.
annual fine particulate matter (PM2.5)
40 CFR Part 52 national ambient air quality standard SUPPLEMENTARY INFORMATION:
(NAAQS) in any other state. Throughout this document wherever
[EPA–R10–OAR–2018–0509; FRL–9984– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
29—Region 10] DATES:This final rule is effective
intended to refer to the EPA.
October 24, 2018.
Air Plan Approval; Idaho; Interstate I. Background Information
ADDRESSES: The EPA has established a
Transport Requirements for the 2012
docket for this action under Docket ID On July 18, 2018, the EPA proposed
PM2.5 NAAQS
No. EPA–R10–OAR–2018–0509. All to approve Idaho as meeting the
daltland on DSKBBV9HB2PROD with RULES
AGENCY: Environmental Protection documents in the docket are listed on requirement that each SIP contain
Agency (EPA). the https://www.regulations.gov adequate provisions to prohibit
ACTION: Final rule. website. Although listed in the index, emissions that will contribute
some information is not publicly significantly to nonattainment or
SUMMARY: The Clean Air Act (CAA) available, e.g., CBI or other information interfere with maintenance of the 2012
requires each State Implementation Plan the disclosure of which is restricted by PM2.5 NAAQS in any other state (83 FR
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![48242 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable State
geographic or
Name of SIP provision submittal EPA approval date Comments
nonattainment date
area
* * * * * * *
Interstate Transport Requirements State-wide ........ 12/23/2015 9/24/2018, [Insert Federal Reg- This action addresses CAA
for the 2012 PM2.5 NAAQS. ister citation]. 110(a)(2)(D)(i)(I).
[FR Doc. 2018–20616 Filed 9–21–18; 8:45 am] Five-year Progress Report that clarified I. Background Information
BILLING CODE 6560–50–P that the state was changing from
On May 3, 2018, the EPA proposed to
reliance on CAIR to reliance on CSAPR
approve the state’s change from a
for certain regional haze requirements
ENVIRONMENTAL PROTECTION reliance on CAIR to a reliance on
and conversion of its limited approval/
AGENCY CSAPR to meet certain Regional Haze
limited disapproval of the state’s
planning obligations; to convert the
Regional Haze Plan to a full approval,
40 CFR Part 52 EPA’s limited approval/limited
the EPA is withdrawing the June 7,
disapproval of the state’s Regional Haze
[EPA–R07–OAR–2018–0211; FRL–9984– 2012, Federal Implementation Plan (FIP)
Plan to a full approval; to approve the
22—Region 7] for regional haze.
prong 4 elements of the state’s 2008
Air Plan Approval; Missouri; Regional DATES:This final rule is effective on Ozone, 2010 NO2, 2010 SO2 and 2012
Haze Plan and Prong 4 (Visibility) for October 24, 2018. PM2.5 NAAQS infrastructure SIP
the 2012 PM2.5, 2010 NO2, 2010 SO2, submittals; and to remove EPA’s
ADDRESSES: The EPA has established a existing regional haze FIP from 40 CFR
and 2008 Ozone NAAQS docket for this action under Docket ID 52.1339(c) and (d). See 83 FR 19479.
AGENCY: Environmental Protection No EPA–R07–OAR–2018–0211. All The EPA received six sets of comments
Agency (EPA). documents in the docket are listed on prior to the close of the comment
ACTION: Final rule.
the https://www.regulations.gov period; all six sets of comments were
website. Although listed in the index, not directly related to the action. The
SUMMARY: The Environmental Protection some information is not publicly EPA’s rationale for approving those SIP
Agency (EPA) is taking several final available, i.e., CBI or other information submissions, was provided in the
actions regarding the Missouri State whose disclosure is restricted by statute. proposal action and will not be restated
Implementation Plan (SIP). Three SIP Certain other material, such as here. See 83 FR 19479.
actions relate to how the state addresses copyrighted material, is not placed on
transport as related to visibility the internet and will be publicly II. Have the requirements for approval
impairment in Class 1 areas and the available only in hard copy form. of the SIP submittals been met?
2012 Fine Particulate Matter (PM2.5), Publicly available docket materials are
a. 2008 Ozone NAAQS
2010 Nitrogen Dioxide (NO2), 2010 available through https://
Sulfur Dioxide (SO2), and 2008 Ozone www.regulations.gov or please contact The state’s submission met the public
National Ambient Air Quality Standards the person identified in the FOR FURTHER notice requirements for the Ozone
(NAAQS): The EPA is approving the INFORMATION CONTACT section for infrastructure SIP submission in
portion of the state’s September 5, 2014 additional information. accordance with 40 CFR 51.102. The
Five-year Progress Report for the State state held a public comment period
FOR FURTHER INFORMATION CONTACT:
of Missouri Regional Haze Plan and a from April 30, 2013, to June 6, 2013.
Tracey Casburn, Environmental The EPA provided comments on May
subsequently submitted letter dated July
Protection Agency, Air Planning and 23, 2013, and was the only commenter.
31, 2017, which clarified that the state
Development Branch, 11201 Renner A public hearing was held on May 30,
was changing from reliance on the Clean
Boulevard, Lenexa, Kansas 66219 at 2013. The submission satisfied the
Air Interstate Rule (CAIR) to reliance on
(913) 551–7016, or by email at completeness criteria of 40 CFR part 51,
the Cross State Air Pollution Rule
casburn.tracey@epa.gov. appendix V, for all elements except
(CSAPR) for certain regional haze
requirements; the EPA is converting its SUPPLEMENTARY INFORMATION: 110(a)(2)(D)(i)(I)—significant
limited approval/limited disapproval of Throughout this document ‘‘we,’’ ‘‘us,’’ contribution to nonattainment (prong 1),
the state’s Regional Haze Plan to a full and ‘‘our’’ refer to the EPA. This section interfering with maintenance of the
approval; and the EPA is approving the provides additional information by NAAQs (prong 2). The EPA published a
states’ submissions addressing the Clean addressing the following: document in the Federal Register,
Air Act (CAA or the Act) provisions that ‘‘Findings of Failure to Submit a Section
I. Background Information
prohibit emissions activity in one state II. Have the requirements for approval of the
110 State Implementation Plan for
from interfering with measures to SIP submittals been met?
Interstate Transport for the 2008
protect visibility in another state (prong a. 2008 Ozone NAAQS National Ambient Air Quality
4) of the state’s infrastructure SIP Standards for Ozone’’.1 The state was
daltland on DSKBBV9HB2PROD with RULES
b. 2010 NO2 NAAQS
submittals for the 2008 Ozone, the 2010 c. 2010 SO2 NAAQS included in this finding because it had
Nitrogen Dioxide (NO2), the 2010 Sulfur d. 2012 PM2.5 NAAQS not made a complete ‘‘good neighbor’’
Dioxide (SO2), and the 2012 Fine e. Regional Haze Five-Year Progress Report SIP submittal to meet the prong 1 and
Particulate Matter (PM2.5) NAAQS. III. The EPA’s Response to Comments 2 elements.
Finally, based on EPA’s approval of the IV. What action is the EPA taking?
portion of the state’s September 5, 2014, V. Statutory and Executive Order Reviews 1 See 80 FR 39961 (August 12, 2015).
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Document Created: 2018-09-22 00:33:14
Document Modified: 2018-09-22 00:33:14
| 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 24, 2018. | |
| Contact | Jeff Hunt at (206) 553-0256, or [email protected] | |
| FR Citation | 83 FR 48240 | |
| 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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