March 12, 2019 / Rules and Regulations 8813
Total Page：16
File Type：pdf, Size：1020Kb
Federal Register / Vol. 84, No. 48 / Tuesday, March 12, 2019 / Rules and Regulations 8813 appropriate, disproportionate human the U.S. House of Representatives, and reference, Intergovernmental relations, health or environmental effects, using the Comptroller General of the United Particulate matter, Reporting and practicable and legally permissible States prior to publication of the rule in recordkeeping requirements. methods, under Executive Order 12898 the Federal Register. A major rule Dated: February 21, 2019. (59 FR 7629, February 16, 1994). cannot take effect until 60 days after it Cheryl L. Newton, In addition, the SIP is not approved is published in the Federal Register. to apply on any Indian reservation land This action is not a ‘‘major rule’’ as Acting Regional Administrator, Region 5. or in any other area where EPA or an defined by 5 U.S.C. 804(2). 40 CFR part 52 is amended as follows: Indian tribe has demonstrated that a Under section 307(b)(1) of the CAA, tribe has jurisdiction. In those areas of petitions for judicial review of this PART 52—APPROVAL AND Indian country, the rule does not have action must be filed in the United States PROMULGATION OF tribal implications and will not impose Court of Appeals for the appropriate IMPLEMENTATION PLANS substantial direct costs on tribal circuit by May 13, 2019. Filing a governments or preempt tribal law as petition for reconsideration by the ■ 1. The authority citation for part 52 specified by Executive Order 13175 (65 Administrator of this final rule does not continues to read as follows: FR 67249, November 9, 2000). affect the finality of this action for the Authority: 42 U.S.C. 7401 et seq. The Congressional Review Act, 5 purposes of judicial review nor does it U.S.C. 801 et seq., as added by the Small extend the time within which a petition ■ 2. In § 52.1170, the table in paragraph Business Regulatory Enforcement for judicial review may be filed, and (e) under the heading ‘‘Infrastructure’’ is Fairness Act of 1996, generally provides shall not postpone the effectiveness of amended by revising the entry for that before a rule may take effect, the such rule or action. This action may not ‘‘Section 110(a)(2) Infrastructure agency promulgating the rule must be challenged later in proceedings to Requirements for the 2012 particulate submit a rule report, which includes a enforce its requirements. (See section matter (PM2.5) NAAQS’’ to read as copy of the rule, to each House of the 307(b)(2).) follows: Congress and to the Comptroller General of the United States. EPA will submit a List of Subjects in 40 CFR Part 52 § 52.1170 Identification of plan. report containing this action and other Environmental protection, Air * * * * * required information to the U.S. Senate, pollution control, Incorporation by (e) * * * EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS Applicable Name of nonregulatory geographic or State SIP provision nonattainment submittal EPA approval date Comments area date ******* Infrastructure ******* Section 110(a)(2) Infrastructure Re- Statewide ............. 7/10/2014 and 3/12/2019, [Insert Federal Fully approved for all CAA ele- quirements for the 2012 particu- 3/23/2017. Register citation]. ments except the visibility pro- late matter (PM2.5) NAAQS. tection requirements of (D)(i)(II). ******* [FR Doc. 2019–04386 Filed 3–11–19; 8:45 am] SUMMARY: The Environmental Protection inventories, enforceable emissions BILLING CODE 6560–50–P Agency (EPA) is approving an Arizona limitations and control measures, and state implementation plan (SIP) revision contingency measures. The EPA for attaining the 2010 1-hour sulfur concludes that the Plan provides for ENVIRONMENTAL PROTECTION dioxide (SO2) primary national ambient attainment of the 2010 1-hour primary AGENCY air quality standard (NAAQS or SO2 NAAQS in the Miami SO2 NAA by ‘‘standard’’) for the Miami, Arizona SO the attainment date of October 4, 2018, 40 CFR Part 52 2 nonattainment area (NAA). This SIP and meets the other applicable revision (hereinafter called the ‘‘Miami requirements under the CAA. [EPA–R09–OAR–2017–0621; FRL–9990–40– SO Plan’’ or ‘‘Plan’’) includes Arizona’s DATES: This final rule is effective on Region 9] 2 attainment demonstration and other April 11, 2019. Approval and Promulgation of Air elements required under the Clean Air ADDRESSES: The EPA has established a Quality Implementation Plans; Arizona; Act (CAA or ‘‘Act’’). In addition to an docket for this action under Docket ID Nonattainment Plan for the Miami SO2 attainment demonstration, the Plan No. EPA–R09–OAR–2017–0621. All Nonattainment Area addresses the requirements for meeting documents in the docket are listed on reasonable further progress toward the https://www.regulations.gov AGENCY: Environmental Protection attainment of the NAAQS, reasonably website. Although listed in the index, Agency (EPA). available control measures and some information is not publicly reasonably available control technology, available, e.g., Confidential Business ACTION: Final rule. base-year and projected emission Information (CBI) or other information VerDate Sep<11>2014 16:10 Mar 11, 2019 Jkt 247001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\12MRR1.SGM 12MRR1 8814 Federal Register / Vol. 84, No. 48 / Tuesday, March 12, 2019 / Rules and Regulations whose disclosure is restricted by statute. requirements residing at subparts F and imposition of new source review offset Certain other material, such as G, respectively. Soon after Congress and highway funding sanctions. copyrighted material, is not placed on enacted the 1990 Amendments to the Additionally, under CAA section 110(c), the internet and will be publicly CAA, the EPA issued comprehensive the finding triggered a requirement that available only in hard copy form. guidance on SIP revisions in the the EPA promulgate a federal Publicly available docket materials are ‘‘General Preamble for the implementation plan (FIP) within two available through https:// Implementation of Title I of the Clean years of the effective date of the finding www.regulations.gov. Air Act Amendments of 1990’’ unless the State has submitted, and the 3 FOR FURTHER INFORMATION CONTACT: (‘‘General Preamble’’). Among other EPA has approved, the nonattainment Krishna Viswanathan, EPA, Region IX, things, the General Preamble addressed plan as meeting applicable Air Division, Air Planning Office, (520) SO2 SIP submissions and fundamental requirements. 4 999–7880 or viswanathan.krishna@ principles for SIP control strategies. On In response to the EPA’s finding, the epa.gov. April 23, 2014, the EPA issued guidance Arizona Department of Environmental for meeting the statutory requirements Quality (ADEQ) submitted the Miami SUPPLEMENTARY INFORMATION: in SO SIP submissions in a document SO2 Plan on March 9, 2017, and Throughout this document whenever, 2 entitled, ‘‘Guidance for 1-Hour SO2 submitted associated final rules on ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Nonattainment Area SIP Submissions’’ April 6, 2017.7 The EPA issued letters the EPA. 5 (‘‘2014 SO2 Guidance’’). In the 2014 dated July 17, 2017, and September 26, Table of Contents SO2 Guidance, the EPA described the 2017, finding the submittals complete statutory requirements for a complete and halting the sanctions clock under I. Background CAA section 179(a).8 Today’s final SIP II. Public Comments and Response to nonattainment plan, which include: An Comments accurate emissions inventory of current approval terminates the EPA’s duty to III. The EPA’s Final Action emissions for all sources of SO2 within promulgate a FIP for the area. IV. Statutory and Executive Order Reviews the NAA; an attainment demonstration; II. Public Comments and Response to demonstration of reasonable further I. Background Comments progress (RFP); implementation of On June 22, 2010, the EPA reasonably available control measures The EPA proposed to approve the Miami SO Plan on June 15, 2018.9 As promulgated a new 1-hour primary SO2 (RACM) (including reasonably available 2 NAAQS of 75 parts per billion (ppb) control technology (RACT)); new source part of this action, we also proposed to approve the use of AERMOD v14134 (hereinafter called ‘‘the 2010 SO2 review; enforceable emissions and BLP (‘‘BLP/AERMOD Hybrid NAAQS’’ or ‘‘the SO2 NAAQS’’). This limitations and control measures; Approach’’) as an alternative model to standard is met at an ambient air quality conformity; and adequate contingency monitoring site when the 3-year average represent emissions from the roofline of measures for the affected area. 10 of the annual 99th percentile of daily For the EPA to fully approve a SIP the Miami Smelter (‘‘smelter’’). The maximum 1-hour average revision as meeting the requirements of EPA’s proposed action provided a 30- concentrations does not exceed 75 ppb, CAA sections 110, 172, and 191–192 day public comment period. During this as determined in accordance with and the EPA’s regulations at 40 CFR part period, we received eight comment appendix T of 40 CFR part 50.1 On 51, the plan for the affected area needs letters. Six of these comment letters August 5, 2013, the EPA designated 29 to demonstrate that each of the raised issues that are outside of the scope of this rulemaking, including air areas of the country as nonattainment aforementioned requirements has been quality in China, India, and other areas for the 2010 SO2 NAAQS, including the met. Under CAA section 110(l), the EPA 2 of the United States, wind power, and Miami SO2 NAA within Arizona. These may not approve a plan that would relations between the United States and area designations became effective on interfere with any applicable Russia. We are not required to respond October 4, 2013. Section 191 of the CAA requirement concerning NAAQS to these comments and are not doing so directs states to submit SIP revisions for attainment and RFP, or any other here. Two comment letters, one from the areas designated as nonattainment for applicable requirement.