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Home , November 29

61328 Federal Register / Vol. 83, No. 230 / Thursday, 29, 2018 / Rules and Regulations

this action must be filed in the United ENVIRONMENTAL PROTECTION revised National Ambient Air Quality States Court of Appeals for the AGENCY Standards (NAAQS) for ozone (62 FR appropriate circuit by 28, 2019. 38856) and a new NAAQS for fine Filing a petition for reconsideration by 40 CFR Part 52 particle matter (PM2.5) (62 FR 38652). the Administrator of this final rule does [EPA–R02–OAR–2016–0060; FRL–9987–03– The revised ozone NAAQS was based not affect the finality of this action for Region 2] on 8-hour average concentrations. The the purposes of judicial review nor does 8-hour averaging period replaced the it extend the time within which a Approval of Air Quality Implementation previous 1-hour averaging period, and petition for judicial review be filed, Plans; ; Infrastructure the level of the NAAQS was changed and shall not postpone the effectiveness Requirements for the 1997 and 2008 from 0.12 parts per million (ppm) to of such rule or action. This action may Ozone, 1997 and 2006 Fine Particulate 0.08 ppm. The new PM2.5 NAAQS not be challenged later in proceedings to Matter and 2008 Lead NAAQS; established a health-based annual enforce its requirements. (See section Transport Provisions standard of 15.0 micrograms per cubic 307(b)(2).) meter (mg/m3) based on a 3-year average AGENCY: Environmental Protection of annual mean PM2.5 concentrations, List of Subjects in 40 CFR Part 52 Agency (EPA). and a 24-hour standard of 65 mg/m3 Environmental protection, Air ACTION: Final rule. based on a 3-year average of the 98th pollution control, Incorporation by SUMMARY: The Environmental Protection percentile of 24-hour concentrations. reference, Intergovernmental relations, Agency (EPA) is approving State On 17, 2006 (71 FR 61144), Ozone, Particulate matter, Reporting Implementation Plan (SIP) revision effective 18, 2006, EPA

and recordkeeping requirements, submittals from the Commonwealth of revised the 24-hour average PM2.5 Volatile organic compounds. primary and secondary NAAQS from 65 Puerto Rico to address the interstate 3 3 transport of air pollution that may mg/m to 35 mg/m . Dated: , 2018. On 27, 2008 (73 FR 16436) interfere with attainment and Deborah Jordan, EPA strengthened its NAAQS for maintenance of the National Ambient Acting Regional Administrator, Region IX. ground-level ozone, revising the 8-hour Air Quality Standards (NAAQS). In this primary ozone standard to 0.075 ppm. Part 52, Chapter I, Title 40 of the Code action, EPA is approving Puerto Rico’s EPA also strengthened the secondary 8- of Federal Regulations is amended as submissions pertaining to the 1997 and hour ozone standard to the level of follows: 2008 ozone, 1997 and 2006 fine 0.075 ppm making it identical to the PART 52—APPROVAL AND particulate matter (PM2.5) and 2008 lead revised primary standard. PROMULGATION OF NAAQS. On , 2008 (73 FR 66964), IMPLEMENTATION PLANS DATES: This rule is effective on EPA promulgated a revised NAAQS for , 2018. lead. The Agency revised the level of ■ 1. The authority citation for part 52 ADDRESSES: EPA has established a the primary lead standard from 1.5 mg/ continues to read as follows: docket for this action under Docket ID m3 to 0.15 mg/m3. The EPA also revised Authority: 42 U.S.C. 7401 et seq. No. EPA–R02–OAR–2016–0060. All the secondary NAAQS to 0.15 mg/m3 documents in the docket are listed on and made it identical to the revised Subpart F—California the www.regulations.gov website. primary standard. Although listed in the index, some Pursuant to section 110(a)(1) of the ■ 2. Section 52.220 is amended by information is not publicly available, Clean Air Act (CAA), states are required adding paragraphs (c)(404)(i)(A)(6) and e.g., confidential business information to submit SIPs meeting the applicable (c)(488)(i)(D) to read as follows: or other information whose disclosure is requirements of section 110(a)(2) within three years after promulgation of a new § 52.220 Identification of plan—in part. restricted by statute. Certain other material, such as copyrighted material, or revised NAAQS or within such * * * * * is not placed on the internet and will be shorter period as EPA may prescribe. (c) * * * publicly available only in hard copy Section 110(a)(2) requires states to (404) * * * form. Publicly available docket address basic SIP elements such as (i) * * * materials are available through requirements for monitoring, basic (A) * * * www.regulations.gov, or please contact program requirements, and legal (6) Previously approved on , the person identified in the FOR FURTHER authority that are designed to assure 2013 in paragraph (c)(404)(i)(A)(3) of INFORMATION CONTACT section for attainment and maintenance of the this section and now deleted with additional availability information. NAAQS. Section 110(a) imposes the replacement in paragraph obligation upon states to make a SIP (c)(488)(i)(D)(1), Rule 1113, FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch, submission to EPA for a new or revised ‘‘Architectural Coatings,’’ amended on NAAQS, but the contents of that 3, 2011. Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New submission may vary depending upon * * * * * York 10007–1866, (212) 637–3702, or by the facts and circumstances. In (488) * * * email at [email protected]. particular, the data and analytical tools (i) * * * SUPPLEMENTARY INFORMATION: available at the time the state develops (D) South Coast Air Quality and submits the SIP for a new or revised Management District. I. What is the background information? NAAQS affect the content of the II. What comments did EPA receive in (1) Rule 1113, ‘‘Architectural submission. The content of such SIP Coatings,’’ amended 5, 2016, response to its proposal? III. What action is EPA taking? submission may also vary depending except for the final sentence of IV. Statutory and Executive Order Reviews upon what provisions the state’s paragraphs (b)(8), and (b)(25). existing SIP already contains. * * * * * I. What is the background information? More specifically, section 110(a)(1) [FR Doc. 2018–25899 Filed 11–28–18; 8:45 am] On 18, 1997, the Environmental provides the procedural and timing BILLING CODE 6560–50–P Protection Agency (EPA) promulgated a requirements for SIPs. Section 110(a)(2)

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lists specific elements that states must 13, 2016 action.2 This action • Is certified as not having a meet for ‘‘infrastructure’’ SIP finalizes the approval of section significant economic impact on a requirements related to a newly 110(a)(2)(D)(i)(I). substantial number of small entities established or revised NAAQS. One of under the Regulatory Flexibility Act (5 II. What comments did EPA receive in the structural requirements of section U.S.C. 601 et seq.); response to its proposal? 110(a)(2) is section 110(a)(2)(D)(i), • Does not contain any unfunded which generally requires SIPs to contain In response to EPA’s proposed mandate or significantly or uniquely adequate provisions to prohibit in-state approval of Puerto Rico’s SIP revision, affect small governments, as described emissions activities from having certain a comment was received from one in the Unfunded Mandates Reform Act adverse air quality effects on downwind interested party. The comment and of 1995 (Pub. L. 104–4); • states due to interstate transport of air EPA’s response were included in EPA’s Does not have Federalism pollution. There are four sub-elements, , 2016 final rule referenced implications as specified in Executive or ‘‘prongs,’’ within section in the previous section. Order 13132 (64 FR 43255, 10, 1999); 110(a)(2)(D)(i) of the CAA. CAA section III. What action is EPA taking? • 110(a)(2)(D)(i)(I), addressing two of Is not an economically significant these four prongs, requires SIPs to EPA is approving Puerto Rico’s regulatory action based on health or include provisions prohibiting any infrastructure submittals dated safety risks subject to Executive Order November 29, 2006, , 2013 13045 (62 FR 19885, 23, 1997); source or other type of emissions • activity in one state from emitting any and , 2013, and Is not a significant regulatory action air pollutant in amounts that will supplemented , 2015 and subject to Executive Order 13211 (66 FR contribute significantly to , 2016, for the 1997 ozone 28355, , 2001); • Is not subject to requirements of nonattainment, or interfere with and PM2.5, 2008 ozone and 2006 PM2.5, section 12(d) of the National maintenance, of the NAAQS in another and 2008 lead NAAQS, respectively, as Technology Transfer and Advancement state. The two provisions of this section meeting the requirements of section Act of 1995 (15 U.S.C. 272 note) because are referred to as prong 1 (significant 110(a)(2)(D)(i)(I) of the CAA. application of those requirements would contribution to nonattainment) and A detailed analysis of EPA’s review be inconsistent with the Clean Air Act; prong 2 (interference with and rationale for approving and and maintenance). disapproving elements of the infrastructure SIP submittals as • Does not provide the EPA with the The Commonwealth of Puerto Rico’s addressing these CAA requirements may discretionary authority to address, as Environmental Quality Board (PREQB) be found in the , 2016 appropriate, disproportionate human submitted five SIP revisions to satisfy proposed rulemaking action (81 FR health or environmental effects, using the requirements of section 110(a)(2) of 8455) and Technical Support Document practicable and legally permissible the CAA for the 1997 and 2008 ozone, (TSD) which are available on line at methods, under Executive Order 12898 1997 and 2006 PM and 2008 lead 2.5 www.regulations.gov, Docket ID Number (59 FR 7629, , 1994). NAAQS. On November 29, 2006, EPA–R02–OAR–2016–0060. In addition, the SIP is not approved PREQB submitted SIP revisions to apply on any Indian reservation land addressing the infrastructure IV. Statutory and Executive Order or in any other area where the EPA or requirements for the 1997 ozone and Reviews an Indian tribe has demonstrated that a PM2.5 NAAQS. On January 22, 2013, Under the CAA, the Administrator is tribe has jurisdiction. In those areas of PREQB submitted SIP revisions required to approve a SIP submission Indian country, the rule does not have addressing the infrastructure that complies with the provisions of the tribal implications and will not impose requirements for the 2006 PM2.5 and Act and applicable Federal regulations. substantial direct costs on tribal 2008 ozone NAAQS. On January 31, 42 U.S.C. 7410(k); 40 CFR 52.02(a). governments or preempt tribal law as 2013, PREQB submitted SIP revisions Thus, in reviewing SIP submissions, specified by Executive Order 13175 (65 addressing the infrastructure EPA’s role is to approve state choices, FR 67249, , 2000). requirements for the 2008 lead NAAQS. provided that they meet the criteria of The Congressional Review Act, 5 On April 16, 2015, PREQB the CAA. Accordingly, this action U.S.C. 801 et seq., as added by the Small supplemented the January 22, 2013 merely approves state law as meeting Business Regulatory Enforcement submittal for the 2006 PM2.5 NAAQS. Federal requirements and does not Fairness Act of 1996, generally provides On February 1, 2016, PREQB submitted impose additional requirements beyond that before a rule may take effect, the additional provisions for inclusion into those imposed by state law. For that agency promulgating the rule must the SIP which address infrastructure SIP reason, this action: submit a rule report, which includes a requirements for 1997 and 2008 ozone, • Is not a significant regulatory action copy of the rule, to each House of the 1997 and 2006 PM2.5 and 2008 lead subject to review by the Office of Congress and to the Comptroller General NAAQS. Management and Budget under of the United States. EPA will submit a On February 19, 2016 1 EPA Executive Orders 12866 (58 FR 51735, report containing this action and other published a rule proposing to approve , 1993) and 13563 (76 FR 3821, required information to the U.S. Senate, most of the infrastructure elements and , 2011); the U.S. House of Representatives, and sub-elements submitted by PREQB for • Is not an Executive Order 13771 (82 the Comptroller General of the United the 1997 and 2008 ozone, 1997 and FR 9339, , 2017) regulatory States prior to publication of the rule in 2006 PM2.5 and 2008 lead NAAQS. In action because SIP approvals are the Federal Register. A major rule the February 2016 rulemaking action, exempted under Executive Order 12866; cannot take effect until 60 days after it EPA also proposed to approve section • Does not impose an information is published in the Federal Register. 110(a)(2)(D)(i)(I), commonly referred to collection burden under the provisions This action is not a ‘‘major rule’’ as as prongs 1 and 2. EPA finalized most of the Paperwork Reduction Act (44 defined by 5 U.S.C. 804(2). other infrastructure elements in a U.S.C. 3501 et seq.); Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of 1 See 81 FR 8455 (February 19, 2016). 2 See 81 FR 62813 (September 13, 2016). this action must be filed in the United

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States Court of Appeals for the Puerto Rico dated January 22, 2013, will advance the Commission’s goal of appropriate circuit by , 2019. supplemented February 1, 2016 to reducing outdated regulations and Filing a petition for reconsideration by address the CAA infrastructure unnecessary regulatory burdens that can the Administrator of this final rule does requirements for the 2008 ozone impede competition and innovation in not affect the finality of this action for NAAQS and supplemented April 16, media markets. the purposes of judicial review nor does 2015 and February 1, 2016 to address DATES: Effective November 29, 2018. it extend the time within which a the CAA infrastructure requirements for ADDRESSES: Federal Communications petition for judicial review may be filed, the 2006 PM2.5 NAAQS. This submittal Commission, 445 12th Street SW, Room and shall not postpone the effectiveness satisfies the 2008 ozone and the 2006 TW–C305, Washington, DC 20554. of such rule or action. This action may PM2.5 NAAQS requirements of the Clean not be challenged later in proceedings to Air Act (CAA) 110(a)(2)(A), (B), (C) FOR FURTHER INFORMATION CONTACT: enforce its requirements. (See section (with the exception of program Jamile Kadre, [email protected], or 307(b)(2)). requirements for PSD), (D)(i)(I), (D)(i)(II) 202–418–2245. and (ii) (with the exception of program SUPPLEMENTARY INFORMATION: This is a List of Subjects in 40 CFR Part 52 requirements related to PSD), (E), (F), summary of the Commission’s Report Environmental protection, Air (G), (H), (J) (with the exception of and Order, FCC 18–136, in MB Docket pollution control, Incorporation by program requirements related to PSD), No. 17–290, adopted on , reference, Intergovernmental relations, (K), (L), and (M). 2018, and released on September 26, Lead, Nitrogen dioxide, Ozone, * * * * * 2018. The complete text of this Particulate matter, Reporting and (c) 2008 lead NAAQS—(1) Approval. document is available electronically via recordkeeping requirements, Sulfur Submittal from Puerto Rico dated the search function on the FCC’s oxides, Volatile organic compounds. January 31, 2013 and supplemented Electronic Document Management Authority: 42 U.S.C. 7401 et seq. February 1, 2016, to address the CAA System (EDOCS) web page at https:// _ infrastructure requirements for the 2008 apps.fcc.gov/edocs public/ (https:// Dated: , 2018. apps.fcc.gov/edocs_public/). The Peter D. Lopez, lead NAAQS. This submittal satisfies the 2008 lead NAAQS requirements of complete document is available for Regional Administrator, Region 2. the Clean Air Act (CAA) 110(a)(2)(A), inspection and copying in the FCC For the reasons set forth in the (B), (C) (with the exception of program Reference Information Center, 445 12th preamble, the Environmental Protection requirements for PSD), (D)(i)(I), (D)(i)(II) Street SW, Room CY–A257, Agency amends part 52 of chapter I, title and (ii) (with the exception of program Washington, DC 20554 (for hours of 40 of the Code of Federal Regulations as requirements related to PSD), (E), (F), operation, see https://www.fcc.gov/ follows: (G), (H), (J) (with the exception of general/fcc-reference-information- program requirements related to PSD), center). To request materials in PART 52—APPROVAL AND (K), (L), and (M). accessible formats for people with PROMULGATION OF disabilities (Braille, large print, * * * * * IMPLEMENTATION PLANS electronic files, audio format), send an [FR Doc. 2018–25888 Filed 11–28–18; 8:45 am] email to [email protected] (mail to: ■ BILLING CODE 6560–50–P 1. The authority citation for part 52 [email protected]) or call the FCC’s continues to read as follows: Consumer and Governmental Affairs Authority: 42 U.S.C. 7401 et seq. Bureau at (202) 418–0530 (voice), (202) FEDERAL COMMUNICATIONS 418–0432 (TTY). Subpart BBB—Puerto Rico COMMISSION Synopsis ■ 47 CFR Parts 0, 1, and 76 2. Section 52.2730 is amended by I. Introduction revising paragraphs (a)(1), (b)(1), and [MB Docket No. 17–290, FCC 18–136] (c)(1) to read as follows: 1. With this Report and Order, we Form 325 Data Collection; take another important step in our § 52.2730 Section 110(a)(2) infrastructure efforts to modernize our media requirements. Modernization of Media Regulation Initiative regulations by eliminating the annual (a) 1997 8-hour ozone and the 1997 FCC Form 325 filing requirement for PM2.5 NAAQS—(1) Approval. Submittal AGENCY: Federal Communications cable television systems. In November, from Puerto Rico dated November 29, Commission the Commission issued a Notice of 2006 and supplemented February 1, ACTION: Final rule. Proposed Rulemaking (NPRM) 2016, to address the CAA infrastructure proposing to streamline or eliminate requirements for the 1997 ozone and the SUMMARY: In this document, the Federal Form 325, Annual Report of Cable 1997 PM2.5 NAAQS. This submittal Communications Commission Television Systems, which collects satisfies the 1997 ozone and the 1997 eliminates the annual FCC Form 325 operational information from cable PM2.5 NAAQS requirements of the Clean filing requirement for cable television television systems nationwide. The Air Act (CAA) 110(a)(2)(A), (B), (C) systems as part of its Modernization of majority of commenters support (with the exception of program Media Regulation Initiative. As set forth eliminating Form 325. We conclude that requirements for PSD), (D)(i)(I), (D)(i)(II) below, the Commission finds that eliminating Form 325 will advance the and (ii) (with the exception of program marketplace, operational, and Commission’s goal of reducing outdated requirements related to PSD), (E), (F), technological changes have overtaken rules and unnecessary regulatory (G), (H), (J) (with the exception of the utility of FCC Form 325, rendering burdens that can impede competition program requirements related to PSD), it increasingly obsolete, and that much and innovation in the media (K), (L), and (M). of the information collected by the form marketplace. On balance, we find that * * * * * can be obtained from alternative the utility of the form is limited and (b) 2008 ozone and the 2006 PM2.5 sources. Thus, the Commission ultimately outweighed by the burden NAAQS—(1) Approval. Submittal from concludes that eliminating Form 325 placed on cable operators to file, and on

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