26596 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations 

reliability operated by personnel 

certified in its use. 

* * * * * 

Susan Combs, 

Senior Advisor to the Secretary, Exercising 

the Authority of the Assistant Secretary for 

Fish and Wildlife and Parks. 

[FR Doc. 2018–12324 Filed 6–7–18; 8:45 am] 

BILLING CODE 4312–52–P 

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. 

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, graham.ashleyr@epa.gov. 

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 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. In § 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: 

§ 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

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area or 

title/subject 

State submittal date EPA approval 

date Explanation 

*******

Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas) 

*******

Maintenance Plan Renewal, 1971 

Sulfur Dioxide National Ambient 

Air Quality Standards, Douglas 

Maintenance Area.

Douglas Sulfur Dioxide Air Quality Planning 

Area.

December 14, 2016 ....... June 8, 2018, [insert Federal 

Register citation].

Adopted by the Arizona Department 

of Environmental Quality on December 14, 2016. Fulfills requirements for second 10-year maintenance plan. 

* * * * * * * 

1Table 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2018–0197; 

FRL–9978–07—Region 2] 

Adequacy Status of Motor Vehicle 

Emissions Budgets for the New York 

Portion of the New York-Northern New 

Jersey-Long Island, NY–NJ–CT, 2008 

8-Hour Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of adequacy. 

SUMMARY: In this document, the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘Agency’’) is notifying the 

public that the Agency has found that 

the 2017 motor vehicle emissions 

budgets (‘‘budgets’’) for volatile organic 

compounds (‘‘VOCs’’) and nitrogen 

oxides (‘‘NOX’’) submitted by the New 

York State Department of 

Environmental Conservation for the 

2008 national ambient air quality 

standard (‘‘NAAQS’’) for ozone are 

adequate for transportation conformity 

purposes for the New York portions of 

the New York-Northern New JerseyLong Island, NY–NJ–CT 8-hour ozone 

nonattainment area. The transportation 

conformity rule requires that the EPA 


amozie on DSK3GDR082PROD with RULES