45194 Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Rules and Regulations 

• 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 CAA; 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. 

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 November 5, 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, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: August 20, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

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. 

■ 2. In § 52.1870, the table in paragraph 

(e) is amended by adding the 

subheading ‘‘Summary of Criteria 

Pollutant Attainment Plans’’ and the 

entry ‘‘PM2.5 (2012)’’ before the 

subheading ‘‘Summary of Criteria 

Pollutant Maintenance Plan’’ to read as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title 

Applicable 

geographical or 

non-attainment 

area 

State date EPA approval Comments 

*******

Summary of Criteria Pollutant Attainment Plans 

PM2.5 (2012) ..... Cleveland ......... 10/14/2016 9/6/2018, [insert Federal 

Register citation].

EPA is approving the following elements: the base year 

2011 emissions inventory; the demonstration of attainment for 2021; current controls as meeting RACM requirements. 

Summary of Criteria Pollutant Maintenance Plan 

*******

[FR Doc. 2018–19144 Filed 9–5–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0696; FRL–9983– 

02—Region 1] 

Air Plan Approval; Vermont; 

Infrastructure State Implementation 

Plan Requirements for the 2012 PM2.5

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Vermont that 

addresses the infrastructure SIP 

requirements of the Clean Air Act (CAA 

or Act)—including the interstate 

transport provisions—for the 2012 fine 

particle (PM2.5) National Ambient Air 

Quality Standards (NAAQS). The 

infrastructure requirements are designed 

to ensure that the structural components 


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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Rules and Regulations 45195 

1PM2.5 refers to particulate matter of 2.5 microns 

or less in diameter, often referred to as ‘‘fine’’ 

particles. 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. EPA is 

taking this action under the Clean Air 

Act. 

DATES: This rule is effective on October 

9, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2017–0696. 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 at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Alison C. Simcox, Air Quality Unit, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code OEP05–2), Boston, MA 

02109–3912, tel. (617) 918–1684, email 

simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On June 29, 2018 (83 FR 30598), EPA 

published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

Vermont. 

In the NPRM, EPA proposed to 

approve an infrastructure SIP revision 

for the 2012 fine particle (PM2.51) 

National Ambient Air Quality Standards 

(NAAQS) that Vermont submitted to 

EPA on October 31, 2017. 

This submittal included an enclosure 

addressing the ‘‘Good Neighbor’’ (or 

‘‘transport’’) provisions of the Act for 

the 2012 PM2.5 NAAQS (Section 

110(a)(2)(D)(i)(I) of the CAA). Under 

sections 110(a)(1) and (2) of the CAA, 

states are required to submit 

infrastructure SIPs to ensure that SIPs 

provide for implementation, 

maintenance, and enforcement of the 

NAAQS, including the 2012 PM2.5

NAAQS. 

This rulemaking does not cover three 

substantive areas that are not integral to 

acting on a state’s infrastructure SIP 

submission: (i) Existing provisions 

related to excess emissions during 

periods of start-up, shutdown, or 

malfunction at sources (‘‘SSM’’ 

emissions) that may be contrary to the 

CAA and EPA’s policies addressing 

such excess emissions; (ii) existing 

provisions related to ‘‘director’s 

variance’’ or ‘‘director’s discretion’’ that 

purport to permit revisions to SIPapproved emissions limits with limited 

public process or without requiring 

further approval by EPA, that may be 

contrary to the CAA (‘‘director’s 

discretion’’); and, (iii) existing 

provisions for Prevention of Significant 

Deterioration (PSD) programs that may 

be inconsistent with current 

requirements of EPA’s ‘‘Final New 

Source Review (NSR) Improvement 

Rule,’’ 67 FR 80186 (December 31, 

2002), as amended by 72 FR 32526 (June 

13, 2007) (‘‘NSR Reform’’). Instead, EPA 

has the authority to address each of 

these substantive areas separately. A 

detailed history, interpretation, and 

rationale for EPA’s approach to 

infrastructure SIP requirements can be 

found in EPA’s May 13, 2014, proposed 

rule entitled, ‘‘Infrastructure SIP 

Requirements for the 2008 Lead 

NAAQS’’ in the section, ‘‘What is the 

scope of this rulemaking?’’ See 79 FR 

27241 at 27242–45. 

The NPR includes the rationale for 

approval, and EPA will not restate it 

here. Three public comments were 

received on the NPRM. 

II. Response to Comments 

EPA received three comments during 

the comment period. All comments 

discuss subjects outside the scope of an 

infrastructure SIP action, do not explain 

(or provide a legal basis for) how the 

proposed action should differ in any 

way, and, indeed, make no specific 

mention of the proposed action. 

Consequently, the three comments are 

not germane to this rulemaking and 

require no further response. 

III. Final Action 

EPA is approving Vermont’s October 

2017 infrastructure SIP submission for 

the 2012 PM2.5 NAAQS as a revision to 

the Vermont SIP. 

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. 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); 

• This action is not an Executive 

Order 13771 regulatory action because 

this action is not significant 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 


daltland on DSKBBV9HB2PROD with RULES
45196 Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Rules and Regulations 

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. 

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 November 5, 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 31, 2018. 

Alexandra Dunn, 

Regional Administrator, EPA Region 1. 

Part 52 of 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 UU—Vermont 

■ 2. Section 52.2370 is amended in 

paragraph (e) table by adding the entry 

‘‘Submittals to meet Section 110(a)(2) 

Infrastructure Requirements for the 2012 

PM2.5 NAAQS’’ after the entry ‘‘Vermont 

Regional Haze Five-Year Progress 

Report’’ to read as follows: 

§ 52.2370 Identification of plan. 

* * * * * 

(e) * * * 

VERMONT NON-REGULATORY

Name of nonregulatory 

SIP provision 

Applicable geographic 

or nonattainment area 

State 

submittal date/ 

effective date 

EPA approval date Explanation 

*******

Submittals to meet Section 110(a)(2) Infrastructure Requirements for the 2012 

PM2.5 NAAQS.

Statewide ..................... 10/31/2015 9/6/2018, [Insert Federal Register citation].These submittals are approved with respect to 

the following CAA elements or portions thereof: 110(a)(2) (A), (B), (C), (D), (E)(1), E(2), 

(F), (G), (H), (J1), (J2), (J3), (K), (L), and (M). 

[FR Doc. 2018–19291 Filed 9–5–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 8365 

[17X.LLUTW01100.L12200000.AL0000] 

Prohibition of Target Shooting on 

Public Lands in the Eastern Lake 

Mountains, Utah County, Utah 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Interim final supplementary 

rule. 

SUMMARY: The Bureau of Land 

Management (BLM) Utah State Director 

hereby establishes an interim final 

supplementary rule (rule) prohibiting 

target shooting within a 2,004-acre area 

on BLM-administered public lands in 

the Eastern Lake Mountains area of the 

Salt Lake Field Office, Eastern Lake 

Mountains, Utah County, Utah. The rule 

is necessary to implement and enforce 

this long-term prohibition to provide for 

public safety and historic properties 

(specifically Native American 

petroglyphs), as authorized in the 

Decision Record for the Eastern Lake 

Mountains Target Shooting Resource 

Management Plan Amendment (RMPA). 

The rule does not restrict other public 

activities in or access to or through the 

Lake Mountains, including legal 

hunting. 

DATES: The rule is effective on 

September 6, 2018. You may submit 

comments to the BLM on or before 

November 5, 2018. 

ADDRESSES: You may submit comments 

by any of the following methods: 

Mail: Bureau of Land Management, 

Attention: Matt Preston, Salt Lake Field 

Office, 2370 South Decker Lake 

Boulevard, West Valley City, Utah 

84119. 

Email: blm_ut_sl_comments@blm.gov. 

NEPA Register: https://go.usa.gov/ 

xXBNF. 

The environmental assessment, 

Decision Record, and RMPA are 

available for public review at the 

mailing and NEPA Register website 

addresses in this section. 

FOR FURTHER INFORMATION CONTACT: Matt 

Preston, BLM Salt Lake Field Manager, 

Bureau of Land Management at 801– 

977–4300. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339 to 

contact the above individual. The FRS 


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