[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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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) * * *

----------------------------------------------------------------------------------------------------------------
                                                     State       EPA Effective     Final rule
       Rule No.               Rule title        effective date       date        citation, date      Comments
----------------------------------------------------------------------------------------------------------------
(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]
 BILLING CODE 6560-50-P