[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Rules and Regulations]
[Pages 26596-26597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12300]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0537; FRL-9979-18--Region 9]
Air Plan Approval; Douglas, Arizona; Second 10-Year Sulfur
Dioxide Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
rulemaking action to approve, as part of the State Implementation Plan
(SIP) for the State of Arizona, the second 10-year maintenance plan for
the Douglas maintenance area for the 1971 National Ambient Air Quality
Standards (``standards'') for sulfur dioxide (SO2).
DATES: This final rule is effective on July 9, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0537. 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: Ashley Graham, EPA Region IX, (415)
972-3877, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the words ``we,''
``us,'' or ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On February 16, 2018 (83 FR 6996), the EPA proposed to approve the
second 10-year maintenance plan for the Douglas, Arizona SO2
maintenance area. Submitted by the Arizona Department of Environmental
Quality on December 14, 2016, the Douglas second 10-year SO2
maintenance plan (``plan'') demonstrates maintenance of the 1971
SO2 standards through 2030.
We proposed to approve the plan because we determined that it
complied with the relevant Clean Air Act (CAA or ``Act'') requirements.
Our proposed action contains more information on the plan and our
evaluation (83 FR 6996, February 16, 2018).
II. Public Comments and EPA Responses
The EPA's proposed action provided for a 30-day public comment
period. The EPA received eleven anonymous comment letters in response
to the proposed action. All eleven comments concerned issues that are
outside the scope of our proposed approval of the Douglas second 10-
year SO2 maintenance plan. The issues raised in those
comments include, but are not limited to, air quality in China and
India, natural gas, mining, electric vehicles, wind farms, and wind
turbines.
III. EPA Action
The EPA is taking final rulemaking action to approve the Douglas
second 10-year SO2 maintenance plan under sections 110 and
175A of the CAA. As authorized in section 110(k)(3) of the Act, the EPA
is approving the submitted SIP revision because it fulfills all
relevant requirements.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, 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 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
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
[[Page 26597]]
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 publishes 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 7, 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 approving the revision to the State of Arizona's
SIP 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 25, 2018.
Deborah Jordan,
Acting Regional Administrator, EPA 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 D--Arizona
0
2. In Sec. 52.120, table 1 in paragraph (e) is amended by adding the
entry ``Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient
Air Quality Standards, Douglas Maintenance Area'' after the entry
``Modeling and Emissions Inventory Supplement for the Douglas Sulfur
Dioxide Nonattainment Area State Implementation and Maintenance Plan
and Redesignation Request, dated September 2005'' to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(e) * * *
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
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Applicable
geographic or
Name of SIP provision nonattainment State submittal date EPA approval Explanation
area or title/ date
subject
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* * * * * * *
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Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
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* * * * * * *
Maintenance Plan Renewal, Douglas Sulfur December 14, 2016............. June 8, 2018, Adopted by the
1971 Sulfur Dioxide National Dioxide Air [insert Arizona
Ambient Air Quality Quality Federal Department of
Standards, Douglas Planning Area. Register Environmental
Maintenance Area. citation]. Quality on
December 14,
2016. Fulfills
requirements
for second 10-
year
maintenance
plan.
* * * * * * *
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\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
(excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
* * * * *
[FR Doc. 2018-12300 Filed 6-7-18; 8:45 am]
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