[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47566-47568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20448]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2018-0388-0001; FRL-9983-73--Region 8]
Air Quality State Implementation Plans; Approvals and
Promulgations: Infrastructure Monitoring Requirements for the 2008 Pb,
2010 SO2, 2010 NO2 and 2012 PM2.5 National Ambient Air Quality
Standards; Utah
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) revisions from the State of
Utah to demonstrate the State meets infrastructure monitoring
requirements of the Clean Air Act (Act or CAA) for the National Ambient
Air Quality Standards (NAAQS) promulgated for lead (Pb) on October 15,
2008, nitrogen dioxide (NO2) on January 22, 2010, sulfur
dioxide (SO2) on June 2, 2010, and fine particulate matter
(PM2.5) on December 14, 2012. The EPA is taking this action
pursuant to section 110 of the Clean Air Act (CAA).
DATES: This rule is effective on October 22, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2018-0388-0001. 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., 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: Kate Gregory, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6175,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our July
23, 2018 proposal (83 FR 34816). In that document we proposed to
approve the State's submittal in reference to infrastructure
requirements for CAA section 110(a)(2)(B), element B: Ambient air
quality monitoring/data system. In the proposal, we find that Utah's
SIP and practices are adequate for the
[[Page 47567]]
ambient air quality monitoring and data system requirements and
therefore propose to approve the infrastructure SIP for the 2008 Pb,
2010 SO2, 2010 NO2 and 2012 PM2.5
NAAQS for this element.
II. Response to Comments
The EPA received six anonymous comments on the proposal. After
reviewing the comments, the EPA has determined that the comments are
outside the scope of our proposed action or fail to identify any
material issue necessitating a response. All comments received on this
action are available for review in the docket for this rulemaking. This
rule will be finalized as proposed without revisions.
III. Final Action
We are approving infrastructure element B for the 2008 Pb, 2010
SO2, 2010 NO2 and 2012 PM2.5 NAAQS
from the State's certifications as shown in Table 1.
Table 1--List of Utah Infrastructure Elements That the EPA Is Approving
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Approval Element
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January 19, 2012 submittal--2008 Pb NAAQS.................... (B)
January 31, 2013 submittal--2010 NO2 NAAQS................... (B)
June 2, 2013 submittal--2010 SO2 NAAQS....................... (B)
December 4, 2015 submittal--2012 PM2.5 NAAQS................. (B)
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For the basis of our approval, please refer to the July 23, 2018
proposal (83 FR 34816).
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. 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, 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 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 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 November 19, 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, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 14, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
40 CFR part 52 is amended to 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 TT--Utah
0
2. Section 52.2355 is amended by adding paragraph (d) to read as
follows:
Sec. 52.2355 Section 110(a)(2) infrastructure requirements.
* * * * *
(d) The Utah Department of Environmental Quality submitted
certification of Utah's infrastructure SIP for the 2008 Pb NAAQS on
January 19, 2012; 2010 NO2 NAAQS on January 31, 2013; 2010
SO2 NAAQS on June 2, 2013; and 2012 PM2.5 on
December 4, 2015. Utah's infrastructure certifications demonstrate how
the State, where applicable, has plans in place that meet the
requirements of section 110 for the 2008 Pb, 2010 NO2, 2010
SO2 and 2012 PM2.5 NAAQS. The State's
Infrastructure SIP for 2008 Pb, 2010
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NO2, 2010 SO2 and 2012 PM2.5 NAAQS is
approved with respect to 110(a)(2)(B).
[FR Doc. 2018-20448 Filed 9-19-18; 8:45 am]
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