[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Rules and Regulations]
[Pages 26596-26597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12300]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0537; FRL-9979-18--Region 9]


Air Plan Approval; Douglas, Arizona; Second 10-Year Sulfur 
Dioxide Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
rulemaking action to approve, as part of the State Implementation Plan 
(SIP) for the State of Arizona, the second 10-year maintenance plan for 
the Douglas maintenance area for the 1971 National Ambient Air Quality 
Standards (``standards'') for sulfur dioxide (SO2).

DATES: This final rule is effective on July 9, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2017-0537. All documents in the docket are 
listed on the https://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 https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Ashley Graham, EPA Region IX, (415) 
972-3877, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the words ``we,'' 
``us,'' or ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On February 16, 2018 (83 FR 6996), the EPA proposed to approve the 
second 10-year maintenance plan for the Douglas, Arizona SO2 
maintenance area. Submitted by the Arizona Department of Environmental 
Quality on December 14, 2016, the Douglas second 10-year SO2 
maintenance plan (``plan'') demonstrates maintenance of the 1971 
SO2 standards through 2030.
    We proposed to approve the plan because we determined that it 
complied with the relevant Clean Air Act (CAA or ``Act'') requirements. 
Our proposed action contains more information on the plan and our 
evaluation (83 FR 6996, February 16, 2018).

II. Public Comments and EPA Responses

    The EPA's proposed action provided for a 30-day public comment 
period. The EPA received eleven anonymous comment letters in response 
to the proposed action. All eleven comments concerned issues that are 
outside the scope of our proposed approval of the Douglas second 10-
year SO2 maintenance plan. The issues raised in those 
comments include, but are not limited to, air quality in China and 
India, natural gas, mining, electric vehicles, wind farms, and wind 
turbines.

III. EPA Action

    The EPA is taking final rulemaking action to approve the Douglas 
second 10-year SO2 maintenance plan under sections 110 and 
175A of the CAA. As authorized in section 110(k)(3) of the Act, the EPA 
is approving the submitted SIP revision because it fulfills all 
relevant requirements.

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. See 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, as 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 Clean Air Act; 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 the 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

[[Page 26597]]

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 publishes 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 7, 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 approving the revision to the State of Arizona's 
SIP 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, Reporting and recordkeeping 
requirements, Sulfur dioxide.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 25, 2018.
Deborah Jordan,
Acting Regional Administrator, EPA Region IX.

    Chapter I, title 40 of the Code of Federal Regulations 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 D--Arizona

0
2. In Sec.  52.120, table 1 in paragraph (e) is amended by adding the 
entry ``Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient 
Air Quality Standards, Douglas Maintenance Area'' after the entry 
``Modeling and Emissions Inventory Supplement for the Douglas Sulfur 
Dioxide Nonattainment Area State Implementation and Maintenance Plan 
and Redesignation Request, dated September 2005'' to read as follows:


Sec.  52.120   Identification of plan.

* * * * *
    (e) * * *

                       Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
       [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
----------------------------------------------------------------------------------------------------------------
                                  Applicable
                                geographic or
    Name of SIP provision       nonattainment        State submittal date         EPA approval     Explanation
                                area or title/                                        date
                                   subject
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                                                  * * * * * * *
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               Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Maintenance Plan Renewal,      Douglas Sulfur   December 14, 2016.............  June 8, 2018,    Adopted by the
 1971 Sulfur Dioxide National   Dioxide Air                                      [insert          Arizona
 Ambient Air Quality            Quality                                          Federal          Department of
 Standards, Douglas             Planning Area.                                   Register         Environmental
 Maintenance Area.                                                               citation].       Quality on
                                                                                                  December 14,
                                                                                                  2016. Fulfills
                                                                                                  requirements
                                                                                                  for second 10-
                                                                                                  year
                                                                                                  maintenance
                                                                                                  plan.
 
                                                  * * * * * * *
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\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
  (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
  Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.

* * * * *
[FR Doc. 2018-12300 Filed 6-7-18; 8:45 am]
 BILLING CODE 6560-50-P


