Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42589 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 183 

[Docket ID: DOD–2017–OS–0053] 

RIN 0790–AK05 

Defense Support of Special Events 

AGENCY: Under Secretary of Defense for 

Policy, DoD. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

Department of Defense (DoD) regulation 

concerning defense support of special 

events. This part contains internal DoD 

policy and procedures and assigns 

responsibilities for support of civil 

authorities and qualifying entities 

during the conduct of special events; 

therefore, it does not require 

codification. DoD will remove this part 

but is providing notice published 

elsewhere in this issue of the Federal 

Register to inform the public how civil 

authorities and qualifying entities may 

submit requests for special event 

support. 

DATES: This rule is effective on August 

23, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Carol Corbin at 571–256–8319. 

SUPPLEMENTARY INFORMATION: It has been 

determined that publication of this CFR 

part removal for public comment is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on removing DoD internal 

policies and procedures that are 

publicly available on the Department’s 

issuance website. 

DoD internal guidance concerning 

defense support of special events will 

continue to be published in DoD 

Instruction 3025.20, ‘‘Defense Support 

of Special Events,’’ available at http://

www.esd.whs.mil/Portals/54/ 

Documents/DD/issuances/dodi/ 

302520p.pdf. 

Concurrent to the part being removed, 

DoD, in order to comply with 5 U.S.C. 

552(a), is providing notice in the 

Federal Register to inform the public 

how to submit requests for special event 

support. 

This rule is not significant under 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review’’; 

therefore, E.O. 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ does not apply. 

List of Subjects in 32 CFR Part 183 

Armed Forces. 

PART 183—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 183 is removed. 

Dated: August 20, 2018. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2018–18228 Filed 8–22–18; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2016–0414, FRL–9982– 

80—Region 2] 

Approval of Air Quality Implementation 

Plans; New York; Fuel Composition 

and Use—Sulfur Limitations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the New York State Implementation 

Plan (SIP) concerning sulfur-in-fuel 

limits. The intended effect of this 

revision is to add a regulatory 

mechanism for meeting the existing 

obligations related to regional haze. The 

SIP revision consists of amendments to 

Title 6 of the New York Codes, Rules 

and Regulations and also removes 

obsolete provisions from the Code of 

Federal Regulations (CFR) relating to 

New York’s sulfur-in-fuel regulation. 

DATES: This final rule is effective on 

September 24, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2016–0414. 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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3381, or by 

email at wieber.kirk@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. EPA’s Evaluation of New York’s Submittal 

III. Comments Received in Response to EPA’s 

Proposed Action 

IV. Summary of EPA’s Final Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

The EPA is approving New York’s 

State Implementation Plan (SIP) 

submittal consisting of revisions to Title 

6 of the New York Codes, Rules and 

Regulations (6 NYCRR) Section 200.1, 

‘‘Definitions,’’ which adds a definition 

for waste oil. EPA is approving, with 

limitations, Subpart 225–1, ‘‘Fuel 

Composition and Use—Sulfur 

Limitations,’’ as contributing to 

attainment of the National Ambient Air 

Quality Standards (NAAQS) for 

particulate matter less than or equal to 

2.5 microns in diameter (PM2.5) and the 

NAAQS for sulfur dioxide (SO2), and 

establishing a revised regulatory 

mechanism for New York’s regional 

haze SIP. The EPA’s approval of New 

York’s sulfur-in-fuel regulation into the 

SIP does not alter the EPA’s prior action 

on New York’s Regional Haze SIP, 

which includes emission reductions 

related to the sulfur-in-fuel 

requirements of section 19–0325 of the 

Environmental Conservation Law (ECL). 

77 FR 51915 (August 28, 2012). The 

EPA is approving these revisions, 

requested by New York, as 

strengthening the effectiveness of New 

York’s SIP. 

Pursuant to 40 CFR part 51, the EPA 

also is removing a section from 40 CFR 

52.1675 which lists sulfur limitations 

for various facilities in New York. EPA 

has determined that these limitations 

have expired and/or refer to sources 

which have been shut down. That 

determination was reflected in EPA’s 

reformatting exercise that ensured that 

all revisions to the New York State SIPs 

are accurately reflected in 40 CFR part 

52, including 40 CFR 52.1670(d), ‘‘EPA 

approved State source-specific 

requirements.’’ 76 FR 41705 (July 15, 

2011). In addition, the sulfur-in-fuel 

rule proposed for approval here requires 

the use of lower sulfur fuel, with lower 

sulfur concentrations than the limits 

listed in 40 CFR 52.1675. The EPA is 

therefore removing the existing sulfur 

limitations in 40 CFR 52.1675 as they 

are superfluous and obsolete. The EPA 

is also revising 40 CFR 52.1675(e) to 

conform with the new nomenclature in 

New York’s revised Subpart 225–1 that 

is being approved with this action. 


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42590 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

II. EPA’s Evaluation of New York’s 

Submittal 

On June 12, 2013, New York State 

Department of Environmental 

Conservation (NYSDEC) submitted to 

the EPA the proposed revisions to 

Section 200.1 and Subpart 225–1 and 

supplemental materials, including 

documentation of the comment period 

and public hearings, and NYSDEC’s 

responses to public comments. These 

materials are in the EPA’s docket for 

this proposal. On June 26, 2018 (83 FR 

29723) EPA proposed approval of New 

York’s SIP revision consisting of 

amendments to Title 6 of the New York 

Codes, Rules and Regulations Subpart 

225–1, ‘‘Fuel Composition and Use— 

Sulfur Limitations’’ and Section 200.1, 

‘‘Definitions.’’ EPA also proposed to 

remove an obsolete provision from the 

Code of Federal Regulations (CFR) 

related to facility specific sulfur-in-fuel 

limits. A detailed discussion of the 

revised sulfur-in-fuel limits, exceptions, 

and variances and EPA’s evaluation of 

the revisions to Subpart 225–1 and to 

the CFR can be found in the June 26, 

2018 proposal and will not be restated 

here. 

III. Comments Received in Response to 

EPA’s Proposed Action 

In response to EPA’s June 26, 2018 

proposed approval of the revisions to 

Section 200.1, Subpart 225–1 and the 

CFR, EPA received one comment from 

the public during the 30-day public 

comment period. After reviewing the 

comment, EPA has determined that the 

comment is outside the scope of our 

proposed action or fails to identify any 

material issue necessitating a response. 

The comment does not raise issues 

germane to the EPA’s proposed action. 

For this reason, the EPA will not 

provide a specific response to the 

comment. The comment may be viewed 

under Docket ID Number EPA–R02– 

OAR–2016–0414 on the http://

www.regulations.gov website. 

IV. Summary of EPA’s Final Action 

The EPA is approving the revisions to 

New York’s Title 6 of the New York 

Codes, Rules and Regulations Section 

200.1, ‘‘Definitions,’’ and Subpart 225– 

1, ‘‘Fuel Composition and Use—Sulfur 

Limitations,’’ both effective on April 5, 

2013, into New York’s SIP as 

strengthening enforcement of the State’s 

air pollution control regulations. 

Exceptions or variances adopted by New 

York pursuant to the provisions of 

sections 225.1.3 and 225.1.4(b) are 

federally enforceable only if approved 

by the EPA as SIP revisions. 

In addition, EPA has determined that 

the provisions in New York’s SIP at 40 

CFR 52.1675(d), (f) and (g) have either 

expired or the affected sources have 

shut down and that the 52.1675 

requirements are therefore superfluous 

and obsolete. The EPA is removing the 

provisions of 52.1675(d), (f) and (g) from 

the SIP. The EPA is also revising 40 CFR 

52.1675(e) to conform with the new 

nomenclature in New York’s revised 

Subpart 225–1 that is being approved 

with this action. 

V. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the provisions described 

above in Section IV of this action. EPA 

has made, and will continue to make, 

these materials generally available 

through https://www.regulations.gov 

and at the EPA Region 2 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State Implementation Plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the Clean 

Air Act as of the effective date of the 

final rulemaking of EPA’s approval, and 

will be incorporated by reference in the 

next update to the SIP compilation.1

VI. 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. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, 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 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 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. 


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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42591 

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 October 22, 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, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: August 8, 2018. 

Peter D. Lopez, 

Regional Administrator, Region 2. 

40 CFR part 52 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 HH—New York 

■ 2. In § 52.1670, the table in paragraph 

(c) is amended by revising two entries 

entitled ‘‘Title 6, Part 200, Subpart 

200.1’’ and ‘‘Title 6, Part 225, Subpart 

225–1’’ to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS

State citation Title/subject State effective 

date 

EPA approval 

date Comments 

Title 6, Part 200, Subpart 200.1 .... General Provisions, Definitions ... 4/5/2013 8/23/2018 The word odor is removed from the 

Subpart 200.1(d) definition of ‘‘air 

contaminant or air pollutant.’’ 

Redesignation of non-attainment 

areas to attainment areas 

(200.1(av)) does not relieve a 

source from compliance with previously applicable requirements as 

per letter of Nov. 13, 1981 from H. 

Hovey, NYSDEC. 

Changes in definitions are acceptable to EPA unless a previously 

approved definition is necessary 

for implementation of an existing 

SIP regulation. 

EPA is including the definition of 

‘‘federally enforceable’’ with the 

understanding that (1) the definition applies to provisions of a Title 

V permit that are correctly identified as federally enforceable, and 

(2) a source accepts operating limits and conditions to lower its potential to emit to become a minor 

source, not to ‘‘avoid’’ applicable 

requirements. 

EPA is approving incorporation by 

reference of those documents that 

are not already federally enforceable. 

EPA approval finalized at [Insert 

Federal Register citation]. 

* * * * * * * 

Title 6, Part 225, Subpart 225–1 ... Fuel Composition and Use-Sulfur 

Limitations.

4/5/2013 8/23/2018 • Exceptions or Variances adopted 

by the State pursuant to 

§§ 225.1.3 and 1.4(b) become applicable only if approved by EPA 

as SIP revisions (40 CFR 

52.1675(e)). 

• EPA approval finalized at [Insert 

Federal Register citation]. 

* * * * * * * 

* * * * * 

■ 3. Amend § 52.1675 by: 

■ a. Removing and reserving paragraph 

(d); 

■ b. Revising paragraph (e); and 

■ c. Removing paragraphs (f) and (g). 


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42592 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 

The revisions read as follows: 

§ 52.1675 Control strategy and 

regulations: Sulfur oxides. 

* * * * * 

(d) [Reserved] 

(e) Any exception or variance 

promulgated by the Commissioner 

under 6 NYCRR Sections 225–1.3 and 

1.4(b) shall not exempt any person from 

the requirements otherwise imposed by 

6 NYCRR Subpart 225–1; provided that 

the Administrator may approve such 

exception or variance as a plan revision 

when the provisions of this part, section 

110 (a)(3)(A) of the Act, and 40 CFR part 

51 (relating to approval of and revisions 

to State implementation plans) have 

been satisfied with respect to such 

exception or variance. 

[FR Doc. 2018–18115 Filed 8–22–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2018–0307; FRL–9982– 

07—Region 7] 

Air Plan Approval; Nebraska; 

Revisions to Title 115 of the Nebraska 

Administrative Code; Rules of Practice 

and Procedure 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Nebraska State Implementation Plan 

(SIP) addressing the legal practices and 

procedures that govern the Nebraska 

Department of Environmental Quality 

(NDEQ) relating to public record law 

and the State’s Administrative 

Procedure Act. The State revised their 

regulations based on legislative 

amendments to the State’s 

Administrative Procedure Act and the 

public record laws which imposed 

additional requirements on the 

Nebraska Department of Environmental 

Quality. Specifically, revisions are being 

made to definitions, filings and 

correspondence, public record 

availability and confidentiality, public 

hearings, contested cases, emergency 

proceeding hearings, declaratory 

rulings, rulemaking and variances. 

These revisions do not impact air 

quality, do not revise emission limits or 

procedures, nor do they impact the 

State’s ability to attain or maintain the 

National Ambient Air Quality 

Standards. 

DATES: This final rule is effective on 

September 24, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2018–0307. 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, i.e., 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 information. 

FOR FURTHER INFORMATION CONTACT: Greg 

Crable, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 at (913) 551– 

7391, or by email at crable.gregory@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. Response to Comments 

IV. What action is EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

EPA is taking final action to approve 

revisions to the SIP submitted by the 

State of Nebraska on August 28, 2014. 

This action will amend the SIP to revise 

title 115 of the Nebraska Administrative 

Code. Title 115 addresses the legal 

practices and procedures that govern the 

Nebraska Department of Environmental 

Quality (NDEQ) relating to public record 

law and the State’s Administrative 

Procedure Act. EPA proposed approval 

of Nebraska’s SIP submission in its 

action published in the Federal Register 

on June 5, 2018, at 83 FR 25977. The 

last revision to title 115, Rules of 

Practice and Procedure, was approved 

on January 4, 1995, at 60 FR 372. Since 

that time, the legislature has amended 

the Administrative Procedure Act and 

the public record laws which impose 

additional requirements on NDEQ. 

NDEQ has adopted the revisions to title 

115 and has requested EPA amend the 

SIP. 

This action amends the SIP by 

revising chapter 1, Definitions of Terms; 

chapter 2, Filings and Correspondence; 

chapter 3, Public Records Availability; 

chapter 4, Public Records 

Confidentiality; chapter 5, Public 

Hearings; chapter 7, Contested Cases; 

chapter 8, Emergency Proceeding 

Hearings; chapter 9, Declaratory 

Rulings; and chapter 10, Rulemaking. 

Also, this action approves the revision 

to the chapter titles for chapters 2, 4, 8, 

9 and 10. No revisions are being made 

to chapter 6, Voluntary Compliance. 

Chapter 11, Variances, is being deleted. 

The revisions to title 115 are numerous 

and can be found in the August 28, 2014 

State submission which is part of the 

docket. 

Specifically, the changes to chapters 

1, 2, 7, 8, 9 and 10 conform regulatory 

language to the Attorney General’s 

model rules. Revisions to chapters 3 and 

5 better describe the procedures already 

in place by practice for obtaining public 

records and public hearings on permit 

decisions or fact-finding hearings that 

are required by law. Revisions to 

chapter 4 clarify the procedures for 

asserting a claim of confidentiality trade 

secrets. Finally, chapter 11 is being 

deleted from title 115 because it is 

duplicative and found in chapter 33 of 

title 129. 

EPA is approving these revisions as 

they are not fundamentally different 

from a procedural standpoint from 

existing rules. These revisions do not 

impact air quality. The revisions do not 

revise emission limits or procedures, 

nor do they impact the state’s ability to 

attain or maintain the National Ambient 

Air Quality Standards. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The revised title 115 chapters 

were placed on public notice on January 

30, 2004, and a public hearing was held 

by the NDEQ on March 5, 2004. During 

the public hearing NDEQ received three 

comments. NDEQ addressed each of the 

comments and made no change to the 

rule based on comments received. The 

submission also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. In addition, as explained 

above, and as demonstrated in the 

documents in the docket, the revisions 

meet the substantive SIP requirements 

of the Clean Air Act (CAA), including 

section 110 and implementing 

regulations. 


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