[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Rules and Regulations]
[Pages 31328-31330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14386]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2018-0055; FRL-9980-12--Region 8]
Interstate Transport Prongs 1 and 2 for the 2012 Fine Particulate
Matter (PM2.5) Standard for Colorado, Montana, North Dakota, South
Dakota and Wyoming
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of State Implementation Plan (SIP) submissions from Colorado,
Montana, North Dakota, South Dakota and Wyoming addressing the Clean
Air Act (CAA or Act) interstate transport SIP requirements for the 2012
annual Fine Particulate Matter (PM2.5) National Ambient Air
Quality Standards (NAAQS). These submissions address the requirement
that each SIP contain adequate provisions prohibiting air emissions
that will have certain adverse air quality effects in other states. The
EPA is approving portions of these infrastructure SIPs for the
aforementioned states as containing adequate provisions to ensure that
air emissions in the states will not significantly contribute to
nonattainment or interfere with maintenance of the 2012 annual
PM2.5 NAAQS in any other state.
DATES: This rule is effective on August 6, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R08-OAR-2018-0055. All documents in the docket are
listed on the http://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 http://www.regulations.gov, or please
contact the person identified in the For Further Information Contact
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S. EPA
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-7104, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
On May 9, 2018, the EPA proposed to approve submittals from
Colorado, Montana, North Dakota, South Dakota and Wyoming as meeting
the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I)
for the 2012 PM2.5 NAAQS (83 FR 21226). An explanation of
the CAA requirements, a detailed analysis of the states' submittals,
and the EPA's rationale for approval of each submittal were all
provided in the notice of proposed rulemaking and associated technical
support documents, and will not be restated here. The public comment
period for this proposed rule ended on June 8, 2018. The EPA received
four anonymous comments on the proposal.
II. Response to Comments
After reviewing the comments received, the EPA has determined that
the comments fall outside the scope of our proposed action or fail to
identify any material issue necessitating a response.
III. Final Action
The EPA is approving the following submittals as meeting the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for
the 2012 PM2.5
[[Page 31329]]
NAAQS: Colorado's December 1, 2015 submittal; Montana's December 17,
2015 submittal; North Dakota's August 23, 2015 submittal; South
Dakota's January 25, 2016 submittal; and Wyoming's June 24, 2016
submittal. This action is being taken under section 110 of the CAA.
IV. 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 approves state law as meeting Federal requirements and do
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, 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, these SIPs are 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 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. 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 September 4, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Dated: June 28, 2018.
Debra Thomas,
Acting Regional Administrator, Region 8.
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 G--Colorado
0
2. Section 52.352 is amended by adding paragraph (e) to read as
follows:
Sec. 52.352 Interstate transport.
* * * * *
(e) Addition to the Colorado State Implementation Plan of the
Colorado Interstate Transport SIP regarding 2012 PM2.5
Standards, submitted to EPA on December 1, 2015, for both elements of
CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS.
Subpart BB--Montana
0
3. Section 52.1393 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1393 Interstate transport requirements.
* * * * *
(d) EPA is approving the Montana 2012 PM2.5 NAAQS
Infrastructure Certification, submitted to EPA on December 17, 2015,
for both elements of CAA section 110(a)(2)(D)(i)(I) for the 2012
PM2.5 NAAQS.
Subpart JJ--North Dakota
0
4. Section 52.1833 is amended by adding paragraph (g) to read as
follows:
Sec. 52.1833 Section 110(a)(2) infrastructure requirements.
* * * * *
(g) EPA is approving the North Dakota 2012 PM2.5 NAAQS
Infrastructure Certification, submitted to EPA on August 23, 2015, for
both elements of CAA section 110(a)(2)(D)(i)(I) for the 2012
PM2.5 NAAQS.
Subpart QQ--South Dakota
0
5. Section Sec. 52.2170, paragraph (e), is amended by adding table
entry XXI. to read as follows:
Sec. 52.2170 Identification of plan.
* * * * *
(e) * * *
[[Page 31330]]
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EPA effective Final rule citation,
Rule title State effective date date date Comments
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* * * * * * *
XXI. Section 110(a)(2)(D)(i)(I) Submitted: 1/25/2016. 8/6/2018 [Insert Federal
Interstate Transport Requirements Register citation],
for the 2012 PM2.5 NAAQS. 7/5/2018.
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Subpart ZZ--Wyoming
0
6. Section 52.2620, paragraph (e), is amended by adding table entry
(30) to read as follows:
Sec. 52.2620 Identification of plan.
* * * * *
(e) * * *
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State EPA Effective Final rule
Rule No. Rule title effective date date citation, date Comments
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(30) XXX.............. Interstate transport 6/24/2016 8/6/2018 [Insert Federal ..............
SIP for Section Register
110(a)(2)(D)(i)(I) citation], 7/5/
prongs 1 and 2 for 2018.
the 2012 PM2.5 NAAQS.
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[FR Doc. 2018-14386 Filed 7-3-18; 8:45 am]
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