83 FR 50865 - Approval and Promulgation of State Implementation Plans; North Dakota; Revisions to Infrastructure Requirements for All National Ambient Air Quality Standards; Carbon Monoxide (CO); Lead (Pb); Nitrogen Dioxide (NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 196 (October 10, 2018)
Federal Register Volume 83, Issue 196 (October 10, 2018)
| Page Range | 50865-50867 | |
| FR Document | 2018-21948 |
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)] [Proposed Rules] [Pages 50865-50867] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21948] [[Page 50865]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2018-0616; FRL-9984-79-Region 8] Approval and Promulgation of State Implementation Plans; North Dakota; Revisions to Infrastructure Requirements for All National Ambient Air Quality Standards; Carbon Monoxide (CO); Lead (Pb); Nitrogen Dioxide (NO2); Ozone (O3); Particle Pollution (PM2.5, PM10); Sulfur Dioxide (SO2); Recodification AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the North Dakota State Implementation Plan (SIP) for all National Ambient Air Quality Standards (NAAQS) for the purposes of transferring authority from the North Dakota Department of Health (NDDH) to the North Dakota Department of Environmental Quality (NDDEQ). We are also proposing to approve the related recodification of the portions of North Dakota's Air Pollution Rules that have been previously approved into the SIP. The EPA is taking this action pursuant to section 110 of the Clean Air Act (CAA). DATES: Written comments must be received on or before November 9, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08- OAR-2018-0616, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. Docket: All documents in the docket are listed in the www.regulations.gov index. 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, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Kate Gregory, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6175, gregory.kate@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background The North Dakota state legislature created a new NDDEQ in 2017.\1\ The NDDEQ will assume all the duties and responsibilities of the NDDH's Environmental Health Section. To accommodate the new NDDEQ, the North Dakota Air Pollution Control Law was recodified in the North Dakota Century Code (NDCC) as NDCC 23.1-06 and the Air Pollution Rules were recodified in the North Dakota Administrative Code (NDAC) as NDAC 33.1- 15. --------------------------------------------------------------------------- \1\ North Dakota Senate Bill 2327. --------------------------------------------------------------------------- Among the duties of the new NDDEQ is the implementation and enforcement of North Dakota's SIP. The basic requirements for a state agency with respect to its authority and ability to implement and enforce a SIP are provided in the ``infrastructure'' elements of CAA section 110(a)(2). After the promulgation of a new or revised NAAQS, states must submit an ``infrastructure'' SIP to address the relevant elements of section 110(a)(2). The EPA has issued guidance to states on how to meet these elements in their infrastructure SIP submissions, and the guidance specifically identifies elements for which states should show they have the proper authority.\2\ --------------------------------------------------------------------------- \2\ Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), September 2013. For additional details on the EPA's general interpretation of the requirements under sections 110(a)(1) and 110(a)(2) and approach to review of infrastructure SIPs, please see 82 FR 29457, 29458-59 (June 29, 2017). --------------------------------------------------------------------------- Prior to the creation of NDDEQ, the NDDH submitted several infrastructure SIP revisions to address the promulgation and revision of various NAAQS. The EPA approved these in several actions and by approving these actions, we determined that NDDH met, among other things, the relevant requirements in section 110(a)(2) with respect to NDDH's authority and ability to implement and enforce North Dakota's SIP.\3\ --------------------------------------------------------------------------- \3\ See, for example, 82 FR 46681 (October 6, 2017), 80 FR 60540 (October 7, 2015), 78 FR 45866 (July 30, 2013). --------------------------------------------------------------------------- On August 6, 2018, the state submitted a revision to their prior infrastructure SIPs to address the transfer of authority from the NDDH Environmental Health Section to the NDDEQ. The state also submitted the recodified Air Pollution Rules that had been previously adopted into the SIP. The state held a public hearing regarding the transfer of authority on June 5, 2018.\4\ No comments were received during both the public hearing and the public comment period regarding the proposed changes. --------------------------------------------------------------------------- \4\ ND iSIP Revision Submission, p.17. --------------------------------------------------------------------------- II. The EPA's Evaluation North Dakota's SIP submittal addresses the transfer of authority as follows. First, the submittal identifies the citations to the NDCC and NDAC contained in previous infrastructure SIP submittals that the EPA has approved. The submittal provides a crosswalk with references to the recodified NDCC and NDAC to show the new location of these authorities.\5\ The submittal also quotes a specific provision of Senate Bill 2327 that provides, among other things, that all ``orders, determinations, and permits'' made by NDDH before the transfer of authority remain in effect. Finally, the submittal notes that NDDEQ will be funded and staffed at the same level as the Environmental Health Division in NDDH previously was. --------------------------------------------------------------------------- \5\ A version of this crosswalk created by the EPA is also provided in the docket for this rulemaking. --------------------------------------------------------------------------- For purposes of the transfer of authority, we note the following elements of section 110(a)(2) as particularly relevant:110(a)(2)(B): Authority to operate an ambient air quality monitoring network; [[Page 50866]] 110(a)(2)(C): Authority to enforce the SIP; 110(a)(2)(C): Authority to regulate the modification and construction of stationary sources to assure the NAAQS are achieved (known as minor new source review); 110(a)(2)(C): Authority to implement a permit program as required in part C of title I of the Act (known as prevention of significant deterioration); 110(a)(2)(E)(i): Adequate personnel, funding, and authority to carry out the implementation plan; 110(a)(2)(F): Authority to require installation, maintenance, and replacement of monitoring equipment by stationary sources; to require periodic reporting on emissions from such sources; and to correlate such reports with emission limitations; 110(a)(2)(G): Authority comparable to that in CAA section 303 (emergency authority to restrain pollution presenting an imminent and substantial endangerment); 110(a)(2)(H): Authority to revise the SIP as necessary; 110(a)(2)(J): Authority to provide public notification as required under CAA section 127; 110(a)(2)(K): Authority to require such air quality modeling as prescribed by the Administrator and to submit modeling data on request to the Administrator; and 110(a)(2)(L): Authority to require permitting fees. These elements are described in detail in the 2013 guidance cited above. As the recodification of the NDCC and NDAC leave the substance of the relevant provisions cited in the submittal unmodified, the reasons that we have previously approved NDDH as having sufficient legal authority to address each of these and other infrastructure elements continue to apply. Please see the previous approval notices for details of those reasons, which we propose to adopt in this action. With respect to enforcement and implementation of permits and enforcement orders that were previously issued under the SIP by NDDH, we propose that the language in Senate Bill 3727 quoted in the SIP submittal adequately addresses the authority of NDDEQ to continue to enforce and implement those permits and enforcement orders. Finally, as we have previously approved the state's infrastructure SIP as containing the necessary assurances that NDDH had adequate personnel and funding, and NDDEQ will continue at the same levels of personnel and funding, we propose that the requirements in 110(a)(2)(E)(i) regarding personnel and funding are met. As part of the SIP submittal, in Section VI, the state provided an opinion from the North Dakota Attorney General. The opinion addresses the fundamental SIP legal authorities enumerated in 40 CFR 51.230, which consists of authority to: Adopt emission standards, limitations, and other control measures as necessary for attainment and maintenance of the NAAQS; Enforce SIP provisions, including seeking injunctive relief; Abate emission on an emergency basis to prevent substantial endangerment; Prevent construction, modification, or operation of a facility that may result in emissions that prevent attainment and maintenance of the NAAQS; Obtain information necessary to determine compliance with the SIP, including authority to require recordkeeping, make inspections, and conduct tests; and Require owners or operators of stationary sources to install, maintain, and operate monitoring devices and make periodic reports to the state on emissions from the sources. The Attorney General's opinion cites the specific provisions of state law that provide these fundamental authorities. Based on this opinion, and the revisions to the state's infrastructure SIP discussed above, the EPA proposes to approve the transfer of authority embodied in the state's submittal. Finally, Section IV of the submittal contains the recodified Air Pollution Rules that have been previously approved into North Dakota's SIP.\6\ North Dakota's submittal indicates that the state is not resubmitting the entire SIP. Instead, the state is only updating the numbering of the provisions that have previously been approved into the SIP, as well as replacing the obsolete references to the NDDH with references to the NDDEQ. In this case, our review is limited to the renumbering and name change, and not the substance of the rules.\7\ We therefore propose to approve the recodification and change in name as appropriate and consistent with the transfer of authority. Our proposed approval is limited to the recodification and change in name and does not re-approve the substantive rules in North Dakota's SIP. --------------------------------------------------------------------------- \6\ For purposes of cross-referencing a recodified provision with its previous version, we note that the recodification followed a consistent scheme: All rules previously codified as 33-15-xx-xx are now codified as 33.1-15-xx-xx. \7\ See ``Review of State Regulation Recodification,'' Memorandum from Johnnie L. Pearson to Air Branch Chiefs, Regions I- X, Feb. 12, 1990. --------------------------------------------------------------------------- All revisions to the North Dakota SIP would be federally enforceable as of the effective date of the EPA's approval of this submission. The state plans to rely on the date when the EPA signs the final notice for purposes of notifying the state legislature that the EPA has approved these revisions, which will provide for the transfer authority from NDDH to NDDEQ to be effective under state law. Prior to the effective date of this approval, the state intends to take the necessary additional steps as specified in S.L. 2017, ch. 199, Section 1, to ensure that NDDEQ rules and the NDDEQ would become federally enforceable on the effective date of the EPA's approval. Unless and until the NDDEQ rules and agency become fully effective under federal law, for purposes of federal law the EPA recognizes the state's program as currently approved under the NDDH. III. Proposed Action We are proposing to approve the August 18, 2018 revisions to the North Dakota infrastructure SIP, for all NAAQS, for the purposes of the transfer of authority from NDDH to the NDDEQ. We are also proposing to approve the corresponding recodification of the entire SIP. IV. Incorporation by Reference In this document, the EPA is proposing to include regulatory text in an EPA final rule that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the NDDEQ rules discussed in section II of this preamble. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 8 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements [[Page 50867]] 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, 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 application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, 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 proposed 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Greenhouse gases, 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: October 3, 2018. Douglas Benevento, Regional Administrator, EPA Region 8. [FR Doc. 2018-21948 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION making effective comments, please visit elements for which states should show
AGENCY http://www2.epa.gov/dockets/ they have the proper authority.2
commenting-epa-dockets. Prior to the creation of NDDEQ, the
40 CFR Part 52 Docket: All documents in the docket NDDH submitted several infrastructure
[EPA–R08–OAR–2018–0616; FRL–9984–79– are listed in the www.regulations.gov SIP revisions to address the
Region 8] index. Although listed in the index, promulgation and revision of various
some information is not publicly NAAQS. The EPA approved these in
Approval and Promulgation of State available, e.g., CBI or other information several actions and by approving these
Implementation Plans; North Dakota; whose disclosure is restricted by statute. actions, we determined that NDDH met,
Revisions to Infrastructure Certain other material, such as among other things, the relevant
Requirements for All National Ambient copyrighted material, will be publicly requirements in section 110(a)(2) with
Air Quality Standards; Carbon available only in hard copy. Publicly respect to NDDH’s authority and ability
Monoxide (CO); Lead (Pb); Nitrogen available docket materials are available to implement and enforce North
Dioxide (NO2); Ozone (O3); Particle either electronically in Dakota’s SIP.3
Pollution (PM2.5, PM10); Sulfur Dioxide www.regulations.gov or in hard copy at On August 6, 2018, the state
(SO2); Recodification the Air Program, Environmental submitted a revision to their prior
Protection Agency (EPA), Region 8, infrastructure SIPs to address the
AGENCY: Environmental Protection transfer of authority from the NDDH
Agency (EPA). 1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests that if at Environmental Health Section to the
ACTION: Proposed rule. NDDEQ. The state also submitted the
all possible, you contact the individual
SUMMARY: The Environmental Protection listed in the FOR FURTHER INFORMATION recodified Air Pollution Rules that had
Agency (EPA) is proposing to approve CONTACT section to view the hard copy been previously adopted into the SIP.
revisions to the North Dakota State of the docket. You may view the hard The state held a public hearing
Implementation Plan (SIP) for all copy of the docket Monday through regarding the transfer of authority on
National Ambient Air Quality Standards Friday, 8:00 a.m. to 4:00 p.m., excluding June 5, 2018.4 No comments were
(NAAQS) for the purposes of federal holidays. received during both the public hearing
transferring authority from the North FOR FURTHER INFORMATION CONTACT: Kate and the public comment period
Dakota Department of Health (NDDH) to Gregory, Air Program, EPA, Region 8, regarding the proposed changes.
the North Dakota Department of Mailcode 8P–AR, 1595 Wynkoop Street, II. The EPA’s Evaluation
Environmental Quality (NDDEQ). We Denver, Colorado 80202–1129, (303)
are also proposing to approve the North Dakota’s SIP submittal
312–6175, gregory.kate@epa.gov.
related recodification of the portions of addresses the transfer of authority as
SUPPLEMENTARY INFORMATION: follows. First, the submittal identifies
North Dakota’s Air Pollution Rules that Throughout this document wherever
have been previously approved into the the citations to the NDCC and NDAC
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean contained in previous infrastructure SIP
SIP. The EPA is taking this action the EPA.
pursuant to section 110 of the Clean Air submittals that the EPA has approved.
Act (CAA). I. Background The submittal provides a crosswalk with
DATES: Written comments must be
references to the recodified NDCC and
The North Dakota state legislature NDAC to show the new location of these
received on or before November 9, 2018. created a new NDDEQ in 2017.1 The authorities.5 The submittal also quotes a
ADDRESSES: Submit your comments, NDDEQ will assume all the duties and specific provision of Senate Bill 2327
identified by Docket ID No. EPA–R08– responsibilities of the NDDH’s that provides, among other things, that
OAR–2018–0616, to the Federal Environmental Health Section. To all ‘‘orders, determinations, and
Rulemaking Portal: https:// accommodate the new NDDEQ, the permits’’ made by NDDH before the
www.regulations.gov. Follow the online North Dakota Air Pollution Control Law transfer of authority remain in effect.
instructions for submitting comments. was recodified in the North Dakota Finally, the submittal notes that NDDEQ
Once submitted, comments cannot be Century Code (NDCC) as NDCC 23.1–06 will be funded and staffed at the same
edited or removed from and the Air Pollution Rules were level as the Environmental Health
www.regulations.gov. The EPA may recodified in the North Dakota Division in NDDH previously was.
publish any comment received to its Administrative Code (NDAC) as NDAC For purposes of the transfer of
public docket. Do not submit 33.1–15. authority, we note the following
electronically any information you Among the duties of the new NDDEQ elements of section 110(a)(2) as
consider to be Confidential Business is the implementation and enforcement particularly relevant:
Information (CBI) or other information of North Dakota’s SIP. The basic • 110(a)(2)(B): Authority to operate
whose disclosure is restricted by statute. requirements for a state agency with an ambient air quality monitoring
Multimedia submissions (audio, video, respect to its authority and ability to network;
etc.) must be accompanied by a written implement and enforce a SIP are
comment. The written comment is provided in the ‘‘infrastructure’’ 2 Guidance on Infrastructure State
considered the official comment and elements of CAA section 110(a)(2). After Implementation Plan (SIP) Elements under Clean
should include discussion of all points the promulgation of a new or revised Air Act Sections 110(a)(1) and 110(a)(2), September
you wish to make. The EPA will 2013. For additional details on the EPA’s general
NAAQS, states must submit an
daltland on DSKBBV9HB2PROD with PROPOSALS
interpretation of the requirements under sections
generally not consider comments or ‘‘infrastructure’’ SIP to address the 110(a)(1) and 110(a)(2) and approach to review of
comment contents located outside of the relevant elements of section 110(a)(2). infrastructure SIPs, please see 82 FR 29457, 29458–
primary submission (i.e., on the web, The EPA has issued guidance to states 59 (June 29, 2017).
3 See, for example, 82 FR 46681 (October 6, 2017),
cloud, or other file sharing system). For on how to meet these elements in their
80 FR 60540 (October 7, 2015), 78 FR 45866 (July
additional submission methods, the full infrastructure SIP submissions, and the 30, 2013).
EPA public comment policy, guidance specifically identifies 4 ND iSIP Revision Submission, p.17.
information about CBI or multimedia 5 A version of this crosswalk created by the EPA
submissions, and general guidance on 1 North Dakota Senate Bill 2327. is also provided in the docket for this rulemaking.
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![Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules 50867
beyond those imposed by state law. For recordkeeping requirements, Sulfur information about CBI or multimedia
that reason, this action: oxides, Volatile organic compounds. submissions, and general guidance on
• Is not a ‘‘significant regulatory Authority: 42 U.S.C. 7401 et seq. making effective comments, please visit
action’’ subject to review by the Office http://www2.epa.gov/dockets/
of Management and Budget under Dated: October 3, 2018.
commenting-epa-dockets.
Executive Orders 12866 (58 FR 51735, Douglas Benevento,
FOR FURTHER INFORMATION CONTACT:
October 4, 1993) and 13563 (76 FR 3821, Regional Administrator, EPA Region 8.
Christi Duboiski, EPA Region 10, at
January 21, 2011); [FR Doc. 2018–21948 Filed 10–9–18; 8:45 am]
(360) 753–9081, or duboiski.christi@
• Is not an Executive Order 13771 (82 BILLING CODE 6560–50–P
epa.gov.
FR 9339, February 2, 2017) regulatory
action because SIP approvals are SUPPLEMENTARY INFORMATION:
exempted under Executive Order 12866; ENVIRONMENTAL PROTECTION Throughout this document, wherever
• Does not impose an information AGENCY ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
collection burden under the provisions intended to refer to the EPA.
of the Paperwork Reduction Act (44 40 CFR Part 52
U.S.C. 3501 et seq.); I. Introduction
[EPA–R10–OAR–2018–0022; FRL–9985–25–
• Is certified as not having a Region 10] This action is being taken pursuant to
significant economic impact on a Executive Order 13563—Improving
substantial number of small entities Air Plan Approval; Oregon; Removal of Regulation and Regulatory Review. It is
under the Regulatory Flexibility Act (5 Obsolete Regulations intended to reduce the number of pages
U.S.C. 601 et seq.); in the Code of Federal Regulations
• Does not contain any unfunded AGENCY: Environmental Protection
Agency (EPA). (CFR) by identifying those rules in 40
mandate or significantly or uniquely CFR part 52, subpart MM, for the State
affect small governments, as described ACTION: Proposed rule.
of Oregon that are duplicative or
in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection obsolete. One aspect of the EPA’s
of 1995 (Pub. L. 104–4); Agency (EPA) is proposing removal of proposed action removes historical
• Does not have federalism the outdated rules in the Code of information found in the ‘‘Approval of
implications as specified in Executive Federal Regulations (CFR) for the State plans’’ section in 40 CFR 52.1973,
Order 13132 (64 FR 43255, August 10, of Oregon because they are duplicative ‘‘Original Identification of plan’’ section
1999); or obsolete. Removal of such material
• Is not an economically significant in 40 CFR 52.1974, ‘‘Content of
from the air program subparts is approved State submitted
regulatory action based on health or
designed to improve cost effectiveness implementation plan’’ section in 40 CFR
safety risks subject to Executive Order
and usability of the CFR. The EPA is 52.1977, and ‘‘Control Strategy: Ozone’’
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action also proposing to make non-substantive section in 40 CFR 52.1982. These rules
subject to Executive Order 13211 (66 FR revisions to reflect updated citations no longer have any use or legal effect
28355, May 22, 2001); and correct a typographical error. This because they have been superseded by
• Is not subject to requirements of proposed action makes no substantive subsequently approved state
section 12(d) of the National changes to the Oregon State implementation plan (SIP) revisions or
Technology Transfer and Advancement Implementation Plan and imposes no they are no longer necessary because the
Act of 1995 (15 U.S.C. 272 note) because new requirements. EPA previously promulgated
application of those requirements would DATES: Written comments must be administrative rule actions to replace
be inconsistent with the CAA; and received on or before November 9, 2018. these sections with summary tables in
• Does not provide EPA with the ADDRESSES: Submit your comments, 40 CFR 52.1970 (78 FR 74012, December
discretionary authority to address, as identified by Docket ID No. EPA–R10– 10, 2013). These summary tables
appropriate, disproportionate human OAR–2018–0022 at https:// describe the regulations, source-specific
health or environmental effects, using www.regulations.gov. Follow the online actions, and non-regulatory
practicable and legally permissible instructions for submitting comments. requirements that comprise the SIP.
methods, under Executive Order 12898 Once submitted, comments cannot be II. Removal of Duplicative or Obsolete
(59 FR 7629, February 16, 1994). edited or removed from Regulations.gov. Rules and Non-Substantive Changes to
In addition, the SIP is not approved to The EPA may publish any comment Certain Rules
apply on any Indian reservation land or received to its public docket. Do not
in any other area where EPA or an submit electronically any information The EPA reviewed the following
Indian tribe has demonstrated that a you consider to be Confidential regulations and found that they should
tribe has jurisdiction. In those areas of Business Information (CBI) or other be removed or revised for the reasons
Indian country, the proposed rule does information whose disclosure is set forth as follows:
not have tribal implications and will not restricted by statute. Multimedia A. Section 52.1973 Approval of Plans
impose substantial direct costs on tribal submissions (audio, video, etc.) must be
governments or preempt tribal law as accompanied by a written comment. As discussed above, this section is no
specified by Executive Order 13175 (65 The written comment is considered the longer necessary because the EPA
FR 67249, November 9, 2000). official comment and should include replaced the historical information
daltland on DSKBBV9HB2PROD with PROPOSALS
discussion of all points you wish to contained in this section with summary
List of Subjects in 40 CFR Part 52 make. The EPA will generally not tables in § 52.1970 (78 FR 74012,
Environmental protection, Air consider comments or comment December 10, 2013). The EPA reviewed
pollution control, Carbon monoxide, contents located outside of the primary § 52.1973 to verify that all relevant
Greenhouse gases, Incorporation by submission (i.e. on the web, cloud, or historical information in this section is
reference, Intergovernmental relations, other file sharing system). For contained in § 52.1970. The EPA is
Lead, Nitrogen dioxide, Ozone, additional submission methods, the full therefore proposing to remove
Particulate matter, Reporting and EPA public comment policy, § 52.1973.
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Document Created: 2018-10-10 17:35:42
Document Modified: 2018-10-10 17:35:42
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before November 9, 2018. | |
| Contact | Kate Gregory, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6175, [email protected] | |
| FR Citation | 83 FR 50865 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Greenhouse Gases; 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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