Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations 983 

1Under the Second 10-Year Maintenance Plan for 

the Truckee Meadows 8-Hour Carbon Monoxide 

Attainment Area, approved by the EPA August 30, 

2016 (81 FR 59490), the WCDBOH may reinstate 

Section 040.095’s oxygenated fuel program as a Tier 

2 contingency measure in the event of a second, 

non-overlapping exceedance of the 8-hour CO 

standard within Washoe County. 

2 82 FR 41386. The August 31, 2017 proposal 

misstated the date that the WCDBOH amended 

Section 040.095 as December 24, 2013. 

3 62 FR 27968 (May 22, 1997). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0154; FRL–9972–82– 

Region 9] 

Approval of Nevada Air Plan 

Revisions, Washoe Oxygenated Fuels 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Nevada State 

Implementation Plan (SIP). This 

revision concerns emissions of carbon 

monoxide (CO) from passenger vehicles. 

We are approving the suspension of a 

local rule that regulated these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule will be effective on 

February 8, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2017–0154. 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: 

Jeffrey Buss, EPA Region IX, (415) 947– 

4152, buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 31, 2017, the EPA 

proposed to approve an amendment to 

Washoe County District Board of Health 

(WCDBOH) Regulations Governing Air 

Quality Management Section 040.095, 

‘‘Oxygen Content of Motor Vehicle 

Fuel.’’ This amendment suspends all 

requirements of Section 040.095, which 

implements Washoe County’s 

oxygenated fuel program.1 The 

WCDBOH amended Section 040.095 on 

October 24, 2013, and submitted the 

amendment to the EPA on March 28, 

2014.2

We proposed to approve these 

provisions because we determined that 

they comply with relevant CAA 

requirements. Our proposed action 

contains more information on the rule 

and our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received two comments, 

which were not specific to this action 

and thus are not addressed here. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is taking 

final action to approve the suspension 

of Section 040.095 as a revision to the 

Washoe County portion of the Nevada 

SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of Section 

040.095 described in the amendments to 

40 CFR part 52 set forth below. 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of the EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.3

The EPA has made, and will continue 

to make, these documents available 

through www.regulations.gov and at the 

EPA Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. 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, the EPA’s role is to 

approve state choices, provided they 

meet the criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to approve 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 (Public Law 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 


jstallworth on DSKBBY8HB2PROD with RULES
984 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations 

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 

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 March 12, 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, Reporting 

and recordkeeping requirements. 

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

Dated: December 21, 2017. 

Alexis Strauss, 

Acting Regional Administrator, 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 DD—Nevada 

■ 2. Section 52.1470 in paragraph (c), 

Table 7, is amended by revising the 

entry for ‘‘040.095.’’to read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 7—EPA-APPROVED WASHOE COUNTY REGULATIONS

District citation Title/subject District effective date EPA approval date Additional explanation 

*******

040.095 ...................... Oxygen Content of 

Motor Fuel.

10/24/13 (amended) .. [Insert Federal Register citation],.

1/9/18 .........................

Previously approved at 73 FR 38124 

(7/3/08). Submitted on 3/28/14. Suspends 

local motor fuel oxygenate requirement. 

* * * * * * * 

* * * * * 

[FR Doc. 2018–00027 Filed 1–8–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0436; A–1–FRL– 

9972–87–Region 1] 

Air Plan Approval; Rhode Island; 

Enhanced Motor Vehicle Inspection 

and Maintenance Program; Withdrawal 

of Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, the Environmental 

Protection Agency (EPA) is withdrawing 

the November 14, 2017 direct final rule 

approving a State Implementation Plan 

(SIP) revision submitted by the State of 

Rhode Island. Rhode Island’s SIP 

revision updates the enhanced motor 

vehicle inspection and maintenance (I/ 

M) program in Rhode Island. This action 

is being taken in accordance with the 

Clean Air Act. 

DATES: The direct final rule was 

published on November 14, 2017 (82 FR 

52655), and is withdrawn effective 

January 9, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail code 

OEP05–2), Boston, MA 02109–3912, 

telephone (617) 918–1660, facsimile 

(617) 918–0660, email garcia.ariel@

epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

direct final rule, EPA stated that if 

adverse comments were submitted by 

December 14, 2017, the rule would be 

withdrawn and not take effect. EPA 

received an adverse comment prior to 

the close of the comment period and, 

therefore, is withdrawing the direct final 

rule. EPA also published a proposed 

rule on November 14, 2017 (82 FR 

52682), stating that written comments 

must be received on or before December 

14, 2017. However, EPA will institute 

an extended comment period for this 

action by publishing a notice of data 

availability. 

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, Regional haze, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 


jstallworth on DSKBBY8HB2PROD with RULES