83 FR 983 - Approval of Nevada Air Plan Revisions, Washoe Oxygenated Fuels Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 6 (January 9, 2018)
Federal Register Volume 83, Issue 6 (January 9, 2018)
| Page Range | 983-984 | |
| FR Document | 2018-00027 |
[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)] [Rules and Regulations] [Pages 983-984] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00027] [[Page 983]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0154; FRL-9972-82-Region 9] Approval of Nevada Air Plan Revisions, Washoe Oxygenated Fuels Program AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Nevada State Implementation Plan (SIP). This revision concerns emissions of carbon monoxide (CO) from passenger vehicles. We are approving the suspension of a local rule that regulated these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on February 8, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0154. 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., Confidential Business Information (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 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: Jeffrey Buss, EPA Region IX, (415) 947-4152, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On August 31, 2017, the EPA proposed to approve an amendment to Washoe County District Board of Health (WCDBOH) Regulations Governing Air Quality Management Section 040.095, ``Oxygen Content of Motor Vehicle Fuel.'' This amendment suspends all requirements of Section 040.095, which implements Washoe County's oxygenated fuel program.\1\ The WCDBOH amended Section 040.095 on October 24, 2013, and submitted the amendment to the EPA on March 28, 2014.\2\ --------------------------------------------------------------------------- \1\ Under the Second 10-Year Maintenance Plan for the Truckee Meadows 8-Hour Carbon Monoxide Attainment Area, approved by the EPA August 30, 2016 (81 FR 59490), the WCDBOH may reinstate Section 040.095's oxygenated fuel program as a Tier 2 contingency measure in the event of a second, non-overlapping exceedance of the 8-hour CO standard within Washoe County. \2\ 82 FR 41386. The August 31, 2017 proposal misstated the date that the WCDBOH amended Section 040.095 as December 24, 2013. --------------------------------------------------------------------------- We proposed to approve these provisions because we determined that they comply with relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received two comments, which were not specific to this action and thus are not addressed here. III. EPA Action No comments were submitted that change our assessment of the rule as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is taking final action to approve the suspension of Section 040.095 as a revision to the Washoe County portion of the Nevada SIP. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of Section 040.095 described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\3\ The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. 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 they meet the criteria of the Clean Air Act. Accordingly, this action merely proposes to approve 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, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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 Clean Air Act; 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 [[Page 984]] 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 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 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 March 12, 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, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: December 21, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. Chapter I, title 40 of the Code of Federal Regulations 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 DD--Nevada 0 2. Section 52.1470 in paragraph (c), Table 7, is amended by revising the entry for ``040.095.''to read as follows: Sec. 52.1470 Identification of plan. * * * * * (c) * * * Table 7--EPA-Approved Washoe County Regulations ---------------------------------------------------------------------------------------------------------------- District District citation Title/subject effective date EPA approval date Additional explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 040.095........................ Oxygen Content of 10/24/13 [Insert Federal Previously approved at Motor Fuel. (amended). Register 73 FR 38124 citation],. (7/3/08). Submitted on 1/9/18........... 3/28/14. Suspends local motor fuel oxygenate requirement. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-00027 Filed 1-8-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations 983
ENVIRONMENTAL PROTECTION ‘‘Oxygen Content of Motor Vehicle EPA Region IX Office (please contact the
AGENCY Fuel.’’ This amendment suspends all person identified in the FOR FURTHER
requirements of Section 040.095, which INFORMATION CONTACT section of this
40 CFR Part 52 implements Washoe County’s preamble for more information).
[EPA–R09–OAR–2017–0154; FRL–9972–82– oxygenated fuel program.1 The
WCDBOH amended Section 040.095 on V. Statutory and Executive Order
Region 9] Reviews
October 24, 2013, and submitted the
Approval of Nevada Air Plan amendment to the EPA on March 28, Under the Clean Air Act, the
Revisions, Washoe Oxygenated Fuels 2014.2 Administrator is required to approve a
Program We proposed to approve these SIP submission that complies with the
provisions because we determined that provisions of the Act and applicable
AGENCY: Environmental Protection they comply with relevant CAA federal regulations. 42 U.S.C. 7410(k);
Agency (EPA). requirements. Our proposed action 40 CFR 52.02(a). Thus, in reviewing SIP
ACTION: Final rule. contains more information on the rule submissions, the EPA’s role is to
and our evaluation. approve state choices, provided they
SUMMARY: The Environmental Protection
meet the criteria of the Clean Air Act.
Agency (EPA) is taking final action to II. Public Comments and EPA
Accordingly, this action merely
approve a revision to the Nevada State Responses
proposes to approve state law as
Implementation Plan (SIP). This The EPA’s proposed action provided meeting federal requirements and does
revision concerns emissions of carbon a 30-day public comment period. During not impose additional requirements
monoxide (CO) from passenger vehicles. this period, we received two comments, beyond those imposed by state law. For
We are approving the suspension of a which were not specific to this action that reason, this action:
local rule that regulated these emission and thus are not addressed here. • Is not a significant regulatory action
sources under the Clean Air Act (CAA subject to review by the Office of
or the Act). III. EPA Action
Management and Budget under
DATES: This rule will be effective on No comments were submitted that Executive Orders 12866 (58 FR 51735,
February 8, 2018. change our assessment of the rule as October 4, 1993) and 13563 (76 FR 3821,
ADDRESSES: The EPA has established a described in our proposed action. January 21, 2011);
docket for this action under Docket ID Therefore, as authorized in section • Is not an Executive Order 13771 (82
No. EPA–R09–OAR–2017–0154. All 110(k)(3) of the Act, the EPA is taking FR 9339, February 2, 2017) regulatory
documents in the docket are listed on final action to approve the suspension action because SIP approvals are
the https://www.regulations.gov of Section 040.095 as a revision to the exempted under Executive Order 12866;
website. Although listed in the index, Washoe County portion of the Nevada • Does not impose an information
some information is not publicly SIP. collection burden under the provisions
available, e.g., Confidential Business IV. Incorporation by Reference of the Paperwork Reduction Act (44
Information (CBI) or other information U.S.C. 3501 et seq.);
whose disclosure is restricted by statute. In this rule, the EPA is finalizing • Is certified as not having a
Certain other material, such as regulatory text that includes significant economic impact on a
copyrighted material, is not placed on incorporation by reference. In substantial number of small entities
the internet and will be publicly accordance with requirements of 1 CFR under the Regulatory Flexibility Act (5
available only in hard copy form. 51.5, the EPA is finalizing the U.S.C. 601 et seq.);
Publicly available docket materials are incorporation by reference of Section • Does not contain any unfunded
available through https:// 040.095 described in the amendments to mandate or significantly or uniquely
www.regulations.gov, or please contact 40 CFR part 52 set forth below. affect small governments, as described
the person identified in the FOR FURTHER Therefore, these materials have been in the Unfunded Mandates Reform Act
INFORMATION CONTACT section for approved by the EPA for inclusion in of 1995 (Public Law 104–4);
additional availability information. the SIP, have been incorporated by • Does not have Federalism
reference by the EPA into that plan, are implications as specified in Executive
FOR FURTHER INFORMATION CONTACT:
fully federally enforceable under Order 13132 (64 FR 43255, August 10,
Jeffrey Buss, EPA Region IX, (415) 947–
sections 110 and 113 of the CAA as of 1999);
4152, buss.jeffrey@epa.gov.
the effective date of the final rulemaking • Is not an economically significant
SUPPLEMENTARY INFORMATION:
of the EPA’s approval, and will be regulatory action based on health or
Throughout this document, ‘‘we,’’ ‘‘us’’ incorporated by reference by the safety risks subject to Executive Order
and ‘‘our’’ refer to the EPA. Director of the Federal Register in the 13045 (62 FR 19885, April 23, 1997);
Table of Contents next update to the SIP compilation.3 • Is not a significant regulatory action
The EPA has made, and will continue subject to Executive Order 13211 (66 FR
I. Proposed Action
to make, these documents available 28355, May 22, 2001);
II. Public Comments and EPA Responses through www.regulations.gov and at the • Is not subject to requirements of
III. EPA Action Section 12(d) of the National
1 Under the Second 10-Year Maintenance Plan for
Technology Transfer and Advancement
IV. Incorporation by Reference the Truckee Meadows 8-Hour Carbon Monoxide Act of 1995 (15 U.S.C. 272 note) because
Attainment Area, approved by the EPA August 30,
V. Statutory and Executive Order Reviews 2016 (81 FR 59490), the WCDBOH may reinstate application of those requirements would
jstallworth on DSKBBY8HB2PROD with RULES
Section 040.095’s oxygenated fuel program as a Tier be inconsistent with the Clean Air Act;
I. Proposed Action 2 contingency measure in the event of a second, and
On August 31, 2017, the EPA non-overlapping exceedance of the 8-hour CO • Does not provide the EPA with the
standard within Washoe County.
proposed to approve an amendment to 2 82 FR 41386. The August 31, 2017 proposal
discretionary authority to address, as
Washoe County District Board of Health misstated the date that the WCDBOH amended appropriate, disproportionate human
(WCDBOH) Regulations Governing Air Section 040.095 as December 24, 2013. health or environmental effects, using
Quality Management Section 040.095, 3 62 FR 27968 (May 22, 1997). practicable and legally permissible
VerDate Sep<11>2014 14:57 Jan 08, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\09JAR1.SGM 09JAR1](https://thefederalregister.org/doc/83_FR_989/page/1.svg)
![984 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations
methods, under Executive Order 12898 publication of the rule in the Federal Intergovernmental relations, Reporting
(59 FR 7629, February 16, 1994). Register. A major rule cannot take effect and recordkeeping requirements.
In addition, the SIP is not approved until 60 days after it is published in the Authority: 42 U.S.C. 7401 et seq.
to apply on any Indian reservation land Federal Register. This action is not a
or in any other area where the EPA or Dated: December 21, 2017.
‘‘major rule’’ as defined by 5 U.S.C.
an Indian tribe has demonstrated that a 804(2). Alexis Strauss,
tribe has jurisdiction. In those areas of Acting Regional Administrator, Region IX.
Under section 307(b)(1) of the Clean
Indian country, the rule does not have Chapter I, title 40 of the Code of
Air Act, petitions for judicial review of
tribal implications and will not impose Federal Regulations is amended as
this action must be filed in the United
substantial direct costs on tribal follows:
States Court of Appeals for the
governments or preempt tribal law as
appropriate circuit by March 12, 2018.
specified by Executive Order 13175 (65 PART 52—APPROVAL AND
Filing a petition for reconsideration by
FR 67249, November 9, 2000). PROMULGATION OF
The Congressional Review Act, 5 the Administrator of this final rule does
not affect the finality of this action for IMPLEMENTATION PLANS
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement the purposes of judicial review nor does
it extend the time within which a ■ 1. The authority citation for part 52
Fairness Act of 1996, generally provides continues to read as follows:
that before a rule may take effect, the petition for judicial review may be filed,
agency promulgating the rule must and shall not postpone the effectiveness Authority: 42 U.S.C. 7401 et seq.
submit a rule report, which includes a of such rule or action. This action may
not be challenged later in proceedings to Subpart DD—Nevada
copy of the rule, to each House of the
Congress and to the Comptroller General enforce its requirements. (See section
■ 2. Section 52.1470 in paragraph (c),
of the United States. The EPA will 307(b)(2)).
Table 7, is amended by revising the
submit a report containing this action List of Subjects in 40 CFR Part 52 entry for ‘‘040.095.’’to read as follows:
and other required information to the
U.S. Senate, the U.S. House of Environmental protection, Air § 52.1470 Identification of plan.
Representatives, and the Comptroller pollution control, Carbon monoxide, * * * * *
General of the United States prior to Incorporation by reference, (c) * * *
TABLE 7—EPA-APPROVED WASHOE COUNTY REGULATIONS
District citation Title/subject District effective date EPA approval date Additional explanation
* * * * * * *
040.095 ...................... Oxygen Content of 10/24/13 (amended) .. [Insert Federal Reg- Previously approved at 73 FR 38124
Motor Fuel. ister citation],. (7/3/08). Submitted on 3/28/14. Suspends
1/9/18 ......................... local motor fuel oxygenate requirement.
* * * * * * *
* * * * * revision updates the enhanced motor rule. EPA also published a proposed
[FR Doc. 2018–00027 Filed 1–8–18; 8:45 am] vehicle inspection and maintenance (I/ rule on November 14, 2017 (82 FR
BILLING CODE 6560–50–P M) program in Rhode Island. This action 52682), stating that written comments
is being taken in accordance with the must be received on or before December
Clean Air Act. 14, 2017. However, EPA will institute
ENVIRONMENTAL PROTECTION an extended comment period for this
DATES: The direct final rule was
AGENCY action by publishing a notice of data
published on November 14, 2017 (82 FR
40 CFR Part 52 52655), and is withdrawn effective availability.
January 9, 2018.
[EPA–R01–OAR–2009–0436; A–1–FRL– List of Subjects in 40 CFR Part 52
9972–87–Region 1] FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Planning Unit, Environmental protection, Air
Air Plan Approval; Rhode Island; U.S. Environmental Protection Agency, pollution control, Carbon monoxide,
Enhanced Motor Vehicle Inspection New England Regional Office, 5 Post Incorporation by reference,
and Maintenance Program; Withdrawal Office Square—Suite 100, (Mail code Intergovernmental relations, Lead,
of Direct Final Rule OEP05–2), Boston, MA 02109–3912, Nitrogen dioxide, Ozone, Particulate
telephone (617) 918–1660, facsimile matter, Regional haze, Reporting and
AGENCY: Environmental Protection (617) 918–0660, email garcia.ariel@ recordkeeping requirements, Sulfur
Agency (EPA). epa.gov. oxides, Volatile organic compounds.
ACTION: Withdrawal of direct final rule.
SUPPLEMENTARY INFORMATION: In the
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY: Due to the receipt of an direct final rule, EPA stated that if
adverse comment, the Environmental adverse comments were submitted by
Protection Agency (EPA) is withdrawing December 14, 2017, the rule would be
the November 14, 2017 direct final rule withdrawn and not take effect. EPA
approving a State Implementation Plan received an adverse comment prior to
(SIP) revision submitted by the State of the close of the comment period and,
Rhode Island. Rhode Island’s SIP therefore, is withdrawing the direct final
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Document Created: 2018-01-09 02:18:34
Document Modified: 2018-01-09 02:18:34
| 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 rule will be effective on February 8, 2018. | |
| Contact | Jeffrey Buss, EPA Region IX, (415) 947-4152, [email protected] | |
| FR Citation | 83 FR 983 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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