Findings of Failure To Submit State Implementation Plan Submittals for the 2008 Ozone National Ambient Air Quality Standards (NAAQS), 9158-9164 [2017-02188]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with RULES 9158 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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 does not 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. 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 VerDate Sep<11>2014 21:08 Feb 02, 2017 Jkt 241001 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 April 4, 2017. 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 CAA section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: January 17, 2017. Debra H. Thomas, Acting Regional Administrator, Region 8. 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 TT—Utah 2. In § 52.2354, add paragraph (c) to read as follows: ■ § 52.2354 Interstate transport. * * * * * (c) Addition to the Utah State Implementation Plan regarding the 2008 ozone Standard for CAA section 110(a)(2)(D)(i)(I) prong 1 submitted to EPA on January 31, 2013 and supplemented on December 22, 2015. [FR Doc. 2017–02187 Filed 2–2–17; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 52 [EPA–HQ–OAR–2016–0646; FRL–9958–70– OAR] Findings of Failure To Submit State Implementation Plan Submittals for the 2008 Ozone National Ambient Air Quality Standards (NAAQS) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finding that 15 states and the District of Columbia have failed to submit State Implementation Plan (SIP) revisions in a timely manner to satisfy certain requirements for the 2008 ozone National Ambient Air Quality Standards (NAAQS) that apply to nonattainment areas and/or states in the Ozone Transport Region (OTR). As explained in this action, consistent with the Clean Air Act (CAA) and EPA regulations, these findings of failure to submit establish certain deadlines for the imposition of sanctions, if a state does not submit a timely SIP revision addressing the requirements for which the finding is being made, and for the EPA to promulgate a Federal Implementation Plan (FIP) to address any outstanding SIP requirements. DATE: The effective date of this action is March 6, 2017. FOR FURTHER INFORMATION CONTACT: General questions concerning this notice should be addressed to Mr. Stephen Senter, Office of Air Quality Planning and Standards, Air Quality Policy Division, Mail Code: C504–2, 109 TW Alexander Drive, Research Triangle Park, NC 27709; by telephone (919) 541–3042; or by email at senter.stephen@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. General Information A. Notice and Comment Under the Administrative Procedure Act (APA) Section 553 of the APA, 5 U.S.C. 553(b)(3)(B), provides that, when an agency for good cause finds that notice and public procedures are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. The EPA has determined that there is good cause for making this final agency action without prior proposal and opportunity for comment because no significant EPA judgment is involved in making a finding of failure to submit E:\FR\FM\03FER1.SGM 03FER1 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations SIPs, or elements of SIPs, because the finding is required by the CAA where states have made no submissions to meet the SIP requirements, or where the EPA has separately determined that they made incomplete submissions. Thus, notice and public procedures are unnecessary. The EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B). B. How can I get copies of this document and other related information? The EPA has established a docket for this action under Docket ID No. EPA– HQ–OAR–2016–0646. All documents in the docket are listed on http:// www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or information whose disclosure is restricted by statute. 9159 Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form through http://www.regulations.gov. C. Where do I go if I have a specific state question? For questions related to specific states mentioned in this notice, please contact the appropriate EPA Regional office: Regional offices States EPA Region 1: Anne Arnold, Chief, Air Quality Planning Unit, EPA Region 1, 1 Congress Street, Suite 1100, Boston, MA 02203. EPA Region 2: Rick Ruvo, Chief, Air Program Branch, EPA Region 2, 290 Broadway, New York, NY 10007. EPA Region 3: Maria Pino, Acting Associate Director, Office of Air Program Planning, EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103. EPA Region 5: John Mooney, Chief, Air Programs Branch, EPA Region 5, 77 West Jackson Street, Chicago, IL 60604. EPA Region 9: Doris Lo, Chief, Air Planning Office, EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont. New Jersey. Delaware, District of Columbia, Maryland, Pennsylvania, Virginia. Illinois, Indiana, Wisconsin. California. II. Background Table of Contents asabaliauskas on DSK3SPTVN1PROD with RULES D. How is the preamble organized? On March 27, 2008, the EPA issued its final action to revise the NAAQS for ozone to establish new 8-hour standards.1 In that action, the EPA promulgated identical revised primary and secondary ozone standards, designed to protect public health and welfare, of 0.075 parts per million (ppm).2 Those standards are met when the 3-year average of the annual fourth highest daily maximum 8-hour average ozone concentration is less than or equal to 0.075 ppm.3 Promulgation of a revised NAAQS triggers a requirement for the EPA to designate areas of the country as nonattainment, attainment, or unclassifiable for the standards; for ozone NAAQS, this also involves classifying any nonattainment areas at the time of designation.4 Ozone nonattainment areas are classified based on the severity of their ozone levels (as determined based on the area’s ‘‘design value,’’ which represents air quality in the area for the most recent 3 years). The possible classifications for ozone nonattainment areas are Marginal, Moderate, Serious, Severe, and Extreme.5 Nonattainment areas with a ‘‘lower’’ classification have ozone levels I. General Information A. Notice and Comment Under the Administrative Procedure Act (APA) B. How can I get copies of this document and other related information? C. Where do I go if I have specific state questions? D. How is the preamble organized? II. Background III. Consequences of a Finding of Failure To Submit IV. Findings of Failure To Submit for States That Failed To Make a Nonattainment Area and/or Ozone Transport Region SIP Submittal V. Environmental Justice Considerations VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act of 1995 (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority and Low-Income Populations K. Congressional Review Act (CRA) L. Judicial Review VerDate Sep<11>2014 21:08 Feb 02, 2017 Jkt 241001 1 73 FR 16436. the 2008 primary and secondary NAAQS for ozone are identical, for convenience, we refer to both as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008 ozone standard.’’ 3 40 CFR 50.15. 4 CAA sections 107(d)(1) and 181(a)(1). 5 CAA section 181(a)(1). that are closer to the standard than areas with a ‘‘higher’’ classification.6 On May 21, 2012, and June 11, 2012, the EPA issued rules designating 46 areas throughout the country as nonattainment for the 2008 ozone NAAQS, effective July 20, 2012, and establishing classifications for the designated nonattainment areas.7 Areas designated nonattainment for the ozone NAAQS are subject to the general nonattainment area planning requirements of CAA section 172 and also to the ozone-specific planning requirements of CAA section 182. States in the OTR are additionally subject to the requirements outlined in CAA section 184. Ozone nonattainment areas in the lower classification levels have fewer and/or less stringent mandatory air quality planning and control requirements than those in higher classifications. For a Marginal area, a state is required to submit a baseline emissions inventory and adopt a SIP requiring emissions statements from stationary sources and implementing a Nonattainment New Source Review (NNSR) program for the relevant ozone standard.8 For a Moderate area, a state needs to comply with the Marginal area requirements, plus additional requirements, including the requirement to submit a demonstration that the area will attain in 6 years, the requirement to 2 Since PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 6 See 40 CFR 51.1103 for the design value thresholds for each classification for the 2008 ozone NAAQS. 7 77 FR 30088 (May 21, 2012) and 77 FR 34221 (June 11, 2012). 8 CAA section 182(a). E:\FR\FM\03FER1.SGM 03FER1 9160 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations adopt and implement certain emissions controls, such as Reasonably Available Control Technology (RACT), and the requirement for greater emissions offsets for new or modified major stationary sources under the state’s NNSR program. For each higher ozone nonattainment classification, a state needs to comply with all lower area classification requirements, plus additional emissions controls and more expansive NNSR offset requirements. The CAA sets out specific requirements for states in the OTR.9 Upon promulgation of the 2008 ozone NAAQS, states in the OTR were required to submit a SIP revision for RACT.10 This requirement is the only recurring obligation for an OTR state upon revision of a NAAQS, unless that state also contains some portion of a nonattainment area for the revised NAAQS. In that case, the nonattainment requirements described above also apply to those portions of that state. On March 6, 2015, the EPA established a final implementation rule for the 2008 ozone NAAQS (2008 Ozone SIP Requirements Rule).11 The purpose of that action was to detail the requirements applicable to ozone nonattainment areas, as well as requirements that apply in the OTR, and provide specific deadlines for SIP submittals. asabaliauskas on DSK3SPTVN1PROD with RULES Reasonably Available Control Technology Subpart 1 of part D of title I of the CAA includes a requirement that the SIP for a nonattainment area must provide for the implementation of all reasonably available control measures (otherwise referred to as Reasonably Available Control Measures) as expeditiously as practicable to meet a given NAAQS, including such emissions reductions that may be obtained through implementation of RACT. Under the provisions of Subpart 2 of part D of title I of the CAA, states with ozone nonattainment areas classified Moderate and higher must adopt RACT rules for all volatile organic compounds (VOC) sources covered by existing or new Control Technique Guidelines (CTGs),12 and for all other 9 CAA section 184 details specific requirements for a group of states (and the District of Columbia) that make up the OTR. States in the OTR are required to submit RACT SIP revisions and mandate a certain level of emissions control for the pollutants that form ozone, even if the areas in the state meet the ozone standards. 10 40 CFR 51.1116. 11 80 FR 12264. 12 CTGs provide the EPA’s recommendations on how to control emissions of VOC from a specific type of product or process (source category) in an ozone nonattainment area. Each CTG includes VerDate Sep<11>2014 21:08 Feb 02, 2017 Jkt 241001 major stationary sources of VOC and nitrogen oxide (NOX).13 This same requirement applies to states with affected sources in the OTR.14 The RACT SIP requirements for states with nonattainment areas and states in the OTR are codified for the 2008 ozone NAAQS in 40 CFR 51.1112 and 51.1116(b), respectively, and require that RACT SIP revisions be submitted no later than 24 months after the effective date of area designations for the 2008 standards (i.e., July 20, 2014). Nonattainment New Source Review NNSR is a preconstruction review permit program that applies to new major stationary sources or major modifications at existing sources located in a nonattainment area.15 The specific NNSR requirements for the 2008 ozone NAAQS are located in 40 CFR 51.160– 165. The 2008 Ozone SIP Requirements Rule explained that, for each nonattainment area, a NNSR plan or plan revision was due no later than 36 months after the effective date of area designations for the 2008 standards (i.e., July 20, 2015).16 Basic Vehicle Inspection and Maintenance Consistent with the applicable provisions under CAA section 182(b)(4), ozone nonattainment areas with urbanized populations of 200,000 or more based upon the 1990 United States Census that are classified as Moderate are subject to requirements to emissions limitations based on RACT. RACT emissions limitations are the lowest emissions limitations that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. Air agencies responsible for ozone nonattainment areas or areas in the OTR must evaluate the recommendations provided in the CTG and determine if it is necessary to modify their existing regulations or create new regulations to meet the CAA’s RACT requirements. See Web site: https://www3.epa.gov/ airtoxics/ctg_act.html. 13 To clarify, this notice does not make any findings with respect to SIP revisions that were required upon EPA’s issuance of specific CTGs in 2006, 2007, 2008 or other years. In issuing those CTGs, the EPA established a separate set of SIP revision deadlines (as required by CAA section 182(b)(2)), and these deadlines are not associated with or triggered by the issuance of revised ozone NAAQS in 1997 or 2008. The findings in this notice pertain only to those SIP revisions triggered by the promulgation of a revised ozone NAAQS in 2008. 14 CAA section 184(b). 15 CAA sections 172(c)(5), 173 and 182. 16 With respect to states with nonattainment areas subject to a finding of failure to submit NNSR SIP revisions, such revisions would no longer be required if the area were redesignated to attainment. The CAA’s Prevention of Significant Deterioration program requirements apply in lieu of NNSR after an area is redesignated to attainment. For areas outside the OTR, NNSR requirements do not apply in areas designated as attainment. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 implement a basic vehicle inspection and maintenance (I/M) program, for which a new submittal or plan revision is due at the same time as the attainment demonstration, which was 3 years after the effective date of designation for a Moderate area (i.e., July 20, 2015).17 Transportation Control Measures To Offset Growth in Emissions From Growth in Vehicle Miles Traveled Consistent with CAA section 182(d)(1)(A), Severe and higher ozone nonattainment areas must submit an analysis to determine if emissions have increased due to growth in vehicle miles traveled (VMT) or vehicle trips. If the VMT analysis shows that a growth in emissions has occurred, the subject area must develop and submit a new plan or a plan revision with specific enforceable transportation control measures (TCMs) to offset that growth in emissions. For such areas, a new submittal or plan revision was due 2 years after the effective date of area designation (i.e., July 20, 2014). Clean Fuels for Boilers For ozone nonattainment areas classified as Extreme, section 182(e)(3) of the CAA outlines requirements for new, modified, and existing electric utility, industrial, and commercial boilers that emit more than 25 tons per year of NOX. Such facilities must use a low polluting fuel as its primary fuel source (e.g., natural gas, methane, ethanol) or use advanced control technology for NOX emissions reductions. For such areas, a new submittal or plan revision was due 3 years after the effective date of area designation (i.e., July 20, 2015). III. Consequences of a Finding of Failure To Submit For plan requirements under subpart D, title I of the CAA, such as those for ozone nonattainment areas and areas in the OTR, if the EPA finds that a state has failed to make the required SIP submittal or that a submitted SIP is incomplete, then CAA section 179(a) establishes specific consequences, including the eventual imposition of mandatory sanctions for the affected area. Additionally, such a finding triggers an obligation under CAA section 110(c) for the EPA to promulgate a FIP no later than 2 years from the finding of failure to submit a complete SIP, if the affected state has not submitted, and the EPA has not approved, the required SIP submittal. If the EPA has not affirmatively determined that a state has submitted a 17 40 E:\FR\FM\03FER1.SGM CFR 51.372(b)(2). 03FER1 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations complete SIP addressing the deficiency that is the basis for the finding within 18 months of the effective date of this rulemaking, then pursuant to CAA section 179(a) and (b) and 40 CFR 52.31 the offset sanction identified in CAA section 179(b)(2) will apply in the affected nonattainment area. If the EPA has not affirmatively determined that the state has submitted a complete SIP addressing the deficiency that is the basis for the finding within 6 months after the offset sanction is imposed, then the highway funding sanction will apply in the affected nonattainment area, in accordance with CAA section 179(b)(1) and 40 CFR 52.31. If the state does not make the required SIP submittal and the EPA does not take final action to approve the submittal within 2 years of the effective date of these findings, the EPA is required to promulgate a FIP, pursuant to CAA section 179(a) and 40 CFR 52.31 for the affected nonattainment area. 9161 IV. Findings of Failure To Submit for States That Failed To Make a Nonattainment Area and/or Ozone Transport Region SIP submittal Based on a review of SIP submittals received and deemed complete as of the date of this action, the EPA is finding that the states and areas listed in the tables below have failed to submit specific SIP element(s) for the 2008 ozone NAAQS required under subpart 2 of part D of title 1 of the CAA and the 2008 Ozone SIP Requirements Rule. TABLE 1—FINDINGS OF FAILURE TO SUBMIT CERTAIN REQUIRED SIP ELEMENTS FOR 2008 OZONE NAAQS NONATTAINMENT AREAS Region ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... CT CT MA NJ NJ DC DE DE MD MD MD MD MD PA PA PA PA PA VA IL IL IN IN WI WI CA CA CA 9 ................... asabaliauskas on DSK3SPTVN1PROD with RULES 1 1 1 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 5 5 5 5 5 5 9 9 9 State CA 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... VerDate Sep<11>2014 Area name Required SIP element Greater Connecticut .................................................................................... New York-N. New Jersey-Long Island ........................................................ Dukes County .............................................................................................. New York-N. New Jersey-Long Island ........................................................ Philadelphia-Wilmington-Atlantic City .......................................................... Washington .................................................................................................. Philadelphia-Wilmington-Atlantic City .......................................................... Seaford ........................................................................................................ Baltimore ..................................................................................................... Baltimore ..................................................................................................... Baltimore ..................................................................................................... Philadelphia-Wilmington-Atlantic City .......................................................... Washington .................................................................................................. Allentown-Bethlehem-Easton ...................................................................... Lancaster ..................................................................................................... Philadelphia-Wilmington-Atlantic City .......................................................... Pittsburgh-Beaver Valley ............................................................................. Reading ....................................................................................................... Washington .................................................................................................. Chicago-Naperville ...................................................................................... St. Louis-St. Charles-Farmington ................................................................ Chicago-Naperville ...................................................................................... Cincinnati ..................................................................................................... Chicago-Naperville ...................................................................................... Sheboygan County ...................................................................................... Calaveras County ........................................................................................ Kern County (Eastern Kern) ........................................................................ Los Angeles-San Bernardino Counties (Antelope Valley & Mojave Desert air districts). Los Angeles-San Bernardino Counties (Antelope Valley & Mojave Desert air districts). Los Angeles-South Coast Air Basin ............................................................ Los Angeles-South Coast Air Basin ............................................................ Los Angeles-South Coast Air Basin ............................................................ Mariposa County ......................................................................................... Riverside County (Coachella Valley) .......................................................... Riverside County (Coachella Valley) .......................................................... Sacramento Metro (Sacramento) ................................................................ Sacramento Metro (Sacramento) ................................................................ Sacramento Metro (Sacramento) ................................................................ Sacramento Metro (Yolo Solano) ................................................................ Sacramento Metro (Yolo Solano) ................................................................ Sacramento Metro (Yolo Solano) ................................................................ Sacramento Metro (Yolo Solano) ................................................................ Sacramento Metro ....................................................................................... San Joaquin Valley ..................................................................................... 21:08 Feb 02, 2017 Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. I/M Basic. Nonattainment NSR rules—Moderate. NOX RACT for Major Sources. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Severe 15. VMT—TCMs to Offset Growth. Clean Fuels for Boilers. Nonattainment NSR rules—Extreme. VMT—TCMs to Offset Growth. Nonattainment NSR rules—Marginal. Nonattainment NSR rules—Severe 15. VMT—TCMs to Offset Growth. Non-CTG VOC RACT for Major Sources. NOX RACT for Major Sources. CTG VOC RACT (for all 44 CTGs *). Nonattainment NSR rules—Severe 15. Non-CTG VOC RACT for Major Sources. NOX RACT for Major Sources. CTG VOC RACT (for all 44 CTGs *). VMT—TCMs to Offset Growth. Nonattainment NSR rules—Extreme. E:\FR\FM\03FER1.SGM 03FER1 9162 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations TABLE 1—FINDINGS OF FAILURE TO SUBMIT CERTAIN REQUIRED SIP ELEMENTS FOR 2008 OZONE NAAQS NONATTAINMENT AREAS—Continued Region 9 ................... State CA Area name Required SIP element Ventura County ........................................................................................... Nonattainment NSR rules—Serious. * A listing in the chart for ‘‘all 44 CTGs’’ or particular CTG does not mean that the state or area has failed to meet a plan submission requirement triggered by the issuance of any particular CTG. The findings in this notice pertain only to those SIP revisions triggered by the promulgation of a revised ozone NAAQS in 2008. In other words, consistent with CAA sections 182(b)(2) and 184(b)(1)(B), and 40 CFR 51.1112 and 51.1116, inclusion in this table means that the state or area listed has failed to submit to the EPA a RACT submittal per the 2008 ozone NAAQS to address the sources covered by a CTG. The 44 VOC RACT CTGs that are relevant for purposes of the 2008 ozone NAAQS are for the following source categories: Aerospace; Auto and Light-Duty Truck Assembly Coatings (2008); Bulk Gasoline Plants; Equipment Leaks from Natural Gas/ Gasoline Processing Plants; Factory Surface Coating of Flat Wood Paneling; Fiberglass Boat Manufacturing Materials (2008); Flat Wood Paneling Coatings (2006); Flexible Packaging Printing Materials (2006); Fugitive Emissions from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment; Graphic Arts—Rotogravure and Flexography; Industrial Cleaning Solvents (2006); Large Appliance Coatings (2007); Large Petroleum Dry Cleaners; Leaks from Gasoline Tank Trucks and Vapor Collection Systems; Leaks from Petroleum Refinery Equipment; Lithographic Printing Materials and Letterpress Printing Materials (2006); Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins; Manufacture of Pneumatic Rubber Tires; Manufacture of Synthesized Pharmaceutical Products; Metal Furniture Coatings (2007); Miscellaneous Industrial Adhesives (2008); Miscellaneous Metal Products Coatings (2008); Paper, Film, and Foil Coatings (2007); Petroleum Liquid Storage in External Floating Roof Tanks; Plastic Parts Coatings (2008); Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds; Shipbuilding/repair; SOCMI Air Oxidation Processes; SOCMI Distillation and Reactor Processes; Solvent Metal Cleaning; Stage I Vapor Control Systems—Gasoline Service Stations; Storage of Petroleum Liquids in Fixed Roof Tanks; Surface Coating for Insulation of Magnet Wire; Surface Coating of Automobiles and Light-Duty Trucks; Surface Coating of Cans; Coating of Coils; Surface Coating of Fabrics; Surface Coating of Large Appliances; Surface Coating of Metal Furniture; Surface Coating of Miscellaneous Metal Parts and Products; Coating of Paper; Tank Truck Gasoline Loading Terminals; Use of Cutback Asphalt; Wood Furniture. TABLE 2—FINDINGS OF FAILURE TO SUBMIT CERTAIN REQUIRED SIP ELEMENTS FOR STATES IN THE OZONE TRANSPORT REGION EPA region 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. State MA MA MA ME ME NH NH NH RI RI RI VT VT VT NJ NJ NJ NJ NJ DC DC DC MD PA VA VA VA Required SIP element Non-CTG VOC RACT for Major Sources. NOX RACT for Major Sources. CTG VOC RACT (for all 44 CTGs *). Non-CTG VOC RACT for Major Sources. CTG VOC RACT (for all 44 CTGs *). Non-CTG VOC RACT for Major Sources. NOX RACT for Major Sources. CTG VOC RACT (for all 44 CTGs *). Non-CTG VOC RACT for Major Sources. NOX RACT for Major Sources. CTG VOC RACT (for all 44 CTGs *). Non-CTG VOC RACT for Major Sources. NOX RACT for Major Sources. CTG VOC RACT (for all 44 CTGs *). CTG VOC RACT Fiberglass Boat Manufacturing Materials (2008). CTG VOC RACT Miscellaneous Metal Products Coatings (2008). CTG VOC RACT Paper, Film, and Foil Coatings (2007). CTG VOC RACT Plastic Parts Coatings (2008). CTG VOC RACT Industrial Cleaning Solvents (2006). NOX RACT for Major Sources. CTG VOC RACT (for all 44 CTGs *). Non-CTG VOC RACT for Major Sources. NOX RACT for Major Sources. CTG VOC RACT (for all 44 CTGs *). Non-CTG VOC RACT for Major Sources. NOX RACT for Major Sources. CTG VOC RACT (for all 44 CTGs *). * See the explanation after Table 1. asabaliauskas on DSK3SPTVN1PROD with RULES V. Environmental Justice Considerations The EPA believes that the human health or environmental risks addressed by this action will not have disproportionately high or adverse human health or environmental effects on minority, low-income, or indigenous populations because it does not directly affect the level of protection provided to human health or environment under the ozone NAAQS. The purpose of this rule VerDate Sep<11>2014 21:08 Feb 02, 2017 Jkt 241001 is to make findings that states named have failed to provide the identified SIP submissions to the EPA that are required per the CAA for purposes of implementing the 2008 ozone NAAQS. As such, this action does not directly affect the level of protection provided for human health or the environment. Moreover, it is intended that the actions and deadlines resulting from this notice will in fact lead to greater protection for U.S. citizens, including minority, lowincome, or indigenous populations, by PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 ensuring that states meet their statutory obligation to develop and submit SIPs to ensure that areas make progress toward attaining the 2008 ozone NAAQS. E:\FR\FM\03FER1.SGM 03FER1 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the provisions of the PRA. This final rule does not establish any new information collection requirement apart from what is already required by law. This rule relates to the requirement in the CAA for states to submit SIPs under sections 172, 182, and 184 which address the statutory requirements that apply to areas designated as nonattainment for the ozone NAAQS and to states within the Ozone Transport Region, respectively. C. Regulatory Flexibility Act (RFA) I certify that this rule will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. The rule is a finding that the named states have not submitted the necessary SIP revisions. D. Unfunded Mandates Reform Act of 1995 (UMRA) This action does not contain any unfunded mandate as described in UMRA 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. E. Executive Order 13132: Federalism asabaliauskas on DSK3SPTVN1PROD with RULES This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This rule finds that several states have failed to submit SIP revisions that satisfy the nonattainment area planning requirements under sections 172 and 182 of the CAA, and VerDate Sep<11>2014 21:08 Feb 02, 2017 Jkt 241001 the OTR requirements under section 184 of the CAA for the 2008 ozone NAAQS. No tribe is subject to the requirement to submit an implementation plan under section 172 or under subpart 5 of part D of Title I of the CAA. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it is a finding that several states have failed to submit SIP revisions that satisfy the nonattainment area planning requirements under sections 172 and 182 of the CAA, and the OTR requirements under Section 184 for the 2008 ozone NAAQS and does not directly or disproportionately affect children. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income, or indigenous populations. In finding that several states have failed to submit SIP revisions that satisfy the nonattainment area planning requirements under sections 172 and 182 of the CAA, and the OTR requirements under section 184 of the CAA for the 2008 ozone NAAQS, this action does not directly affect the level of protection provided to human health or the environment. The results of this evaluation are contained in Section V of this preamble titled ‘‘Environmental Justice Considerations.’’ PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 9163 K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). L. Judicial Review Section 307(b)(l) of the CAA indicates which Federal Courts of Appeal have venue for petitions of review of final agency actions by the EPA under the CAA. This section provides, in part, that petitions for review must be filed in the United States Court of Appeals for the District of Columbia Circuit (i) when the agency action consists of ‘‘nationally applicable regulations promulgated, or final actions taken, by the Administrator,’’ or (ii) when such action is locally or regionally applicable, if ‘‘such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.’’ The EPA has determined that this final rule consisting of findings of failure to submit certain of the required SIP revisions is ‘‘nationally applicable’’ within the meaning of section 307(b)(1). This final agency action affects 15 states with nonattainment areas and/or in the OTR, located in five of the 10 EPA Regional offices, and in 6 different federal circuits. In addition, the EPA has determined that this rule has nationwide scope or effect because it addresses a common core of knowledge and analysis involved in formulating the decision and a common interpretation of the requirements of 40 CFR 51 appendix V applied to determining the completeness of SIPs in states across the country. This determination is appropriate because, in the 1977 CAA Amendments that revised CAA section 307(b)(l), Congress noted that the Administrator’s determination that an action is of ‘‘nationwide scope or effect’’ would be appropriate for any action that has ‘‘scope or effect beyond a single judicial circuit.’’ H.R. Rep. No. 95–294 at 323–324, reprinted in 1977 U.S.C.C.A.N. 1402–03. Here, the scope and effect of this action extends to the 6 judicial circuits that include the states across the country affected by this action. In these circumstances, section 307(b)(1) and its legislative history authorize the Administrator to find the rule to be of ‘‘nationwide scope or effect’’ and, thus, to indicate that venue for challenges lies in the District of Columbia Circuit. Accordingly, the EPA E:\FR\FM\03FER1.SGM 03FER1 9164 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations is determining that this rule is of nationwide scope or effect. 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 District of Columbia Circuit within 60 days from the date this final action is published in the Federal Register. Filing a petition for review by the Administrator of this final action does not affect the finality of the action for the purposes of judicial review, nor does it extend the time within which a petition for judicial review must be filed, and shall not postpone the effectiveness of such rule or action. List of Subjects in 40 CFR Part 52 Environmental protection, Approval and promulgation of implementation plans, Administrative practice and procedures, Air pollution control, Incorporation by reference, Intergovernmental relations, and Reporting and recordkeeping requirements. Dated: January 13, 2017. Gina McCarthy, Administrator. Table of Contents I. Background II. Public Comments III. Final Action IV. Statutory and Executive Order Reviews [FR Doc. 2017–02188 Filed 2–2–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2014–0812; FRL–9958–82– Region 9] Approval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements To Address Interstate Transport for the 2008 Ozone NAAQS The Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the Nevada Division of Environmental Protection (NDEP) to address the interstate transport requirements of Clean Air Act (CAA) with respect to the 2008 ozone national ambient air quality standard (NAAQS). We are approving the portion of the Nevada SIP pertaining to requirements prohibiting significant contributions from Nevada to nonattainment or interference with maintenance in another state. DATES: This final rule is effective on March 6, 2017. asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 21:08 Feb 02, 2017 EPA has established docket number EPA–R09–OAR–2014–0812 for this action. Generally, documents in the docket for this action are available electronically at http:// www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi-volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR–2), EPA, Region IX, (415) 972–3856, kelly.thomasp@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. ADDRESSES: Jkt 241001 I. Background Sections 110(a)(1) and (2) of the CAA require states to address basic SIP requirements to implement, maintain and enforce the NAAQS no later than three years after the promulgation of a new or revised standard. Section 110(a)(2) outlines the specific requirements that each state is required to address in this SIP submission that collectively constitute the ‘‘infrastructure’’ of a state’s air quality management program. A SIP submittal that addresses these requirements is referred to as an ‘‘infrastructure SIP’’ (I– SIP). In particular, CAA section 110(a)(2)(D)(i)(I) requires that each SIP for a new or revised NAAQS contain adequate provisions to prohibit any source or other type of emissions activity within the state from emitting air pollutants that will ‘‘contribute significantly to nonattainment’’ (‘‘prong 1’’) or ‘‘interfere with maintenance’’ (‘‘prong 2’’) of the applicable NAAQS in any other state. This action addresses the section 110(a)(2)(D)(i) requirements of prong 1 and prong 2 with respect to Nevada’s I–SIP submission. On March 27, 2008, the EPA issued a revised NAAQS for ozone.1 This action 1 National Ambient Air Quality Standards for Ozone; Final Rule, 73 FR 16436 (March 27, 2008). PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 triggered a requirement for states to submit an I–SIP to address the applicable requirements of section 110(a)(2) within three years of issuance of the revised NAAQS. On April 10, 2013, NDEP submitted the ‘‘Nevada State Implementation Plan for the 2008 8-Hour Ozone NAAQS: Demonstration of Adequacy’’ (‘‘2013 Submittal’’) to address all of the CAA section 110(a)(2) requirements for the 2008 8-hour ozone NAAQS. On March 25, 2016, NDEP submitted, ‘‘2016 Supplement to the Nevada State Implementation Plan for the 2008 8-Hour Primary Ozone NAAQS: Clean Air Act Section 110(a)(2)(D)(i)(I)’’ (‘‘2016 Supplement’’). On November 3, 2015, the EPA issued a partial approval and partial disapproval of Nevada’s 2013 I–SIP submittal for the 2008 ozone, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS, including the following actions on infrastructure SIP requirements: Approval of SIP elements relating to CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II)—visibility transport (‘‘prong 4’’), (E), (F), (G), (H), (I), (K), (L) and (M); partial approval, for Clark County, and partial disapproval, for Washoe County and the remainder of the state, of SIP elements relating to CAA sections 110(a)(2)(C), (D)(i)(II)— interference with Prevention of Significant Deterioration (‘‘prong 3’’), (D)(ii) (interstate pollution abatement and international air pollution) and (J); and, for NOX only, approval of SIP elements relating to prong 1 and prong 2 of CAA section 110(a)(2)(D)(i)(I).2 Our November 3, 2015, partial approval and partial disapproval took no action on the Nevada 2013 Submittal with regard to prong 1 and prong 2 of the interstate transport requirements for the 2008 ozone NAAQS, but the proposal did state our intention to take action in a subsequent rulemaking. The EPA must take final action by February 13, 2017, on the provisions of the Nevada 2013 Submittal and 2016 Supplement addressing the requirements of prong 1 and prong 2, pursuant to a judgment by the District of Nevada in Nevada v. McCarthy.3 On December 6, 2016, the EPA proposed to approve the 2013 SIP Submittal and the 2016 Supplement addressing the infrastructure requirements of CAA section 110(a)(2)(D)(i) for the 2008 ozone 2 Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Ozone, NO2 and SO2, 80 FR 67652 (November 3, 2015). 3 See Judgment, Nevada v. McCarthy, Case 3:15– cv–00396–HDM–WGC (D. Nev. June 22, 2016). E:\FR\FM\03FER1.SGM 03FER1

Agencies

[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9158-9164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02188]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[EPA-HQ-OAR-2016-0646; FRL-9958-70-OAR]


Findings of Failure To Submit State Implementation Plan 
Submittals for the 2008 Ozone National Ambient Air Quality Standards 
(NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finding that 15 
states and the District of Columbia have failed to submit State 
Implementation Plan (SIP) revisions in a timely manner to satisfy 
certain requirements for the 2008 ozone National Ambient Air Quality 
Standards (NAAQS) that apply to nonattainment areas and/or states in 
the Ozone Transport Region (OTR). As explained in this action, 
consistent with the Clean Air Act (CAA) and EPA regulations, these 
findings of failure to submit establish certain deadlines for the 
imposition of sanctions, if a state does not submit a timely SIP 
revision addressing the requirements for which the finding is being 
made, and for the EPA to promulgate a Federal Implementation Plan (FIP) 
to address any outstanding SIP requirements.

DATE:  The effective date of this action is March 6, 2017.

FOR FURTHER INFORMATION CONTACT: General questions concerning this 
notice should be addressed to Mr. Stephen Senter, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, Mail Code: C504-2, 
109 TW Alexander Drive, Research Triangle Park, NC 27709; by telephone 
(919) 541-3042; or by email at senter.stephen@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Notice and Comment Under the Administrative Procedure Act (APA)

    Section 553 of the APA, 5 U.S.C. 553(b)(3)(B), provides that, when 
an agency for good cause finds that notice and public procedures are 
impracticable, unnecessary or contrary to the public interest, the 
agency may issue a rule without providing notice and an opportunity for 
public comment. The EPA has determined that there is good cause for 
making this final agency action without prior proposal and opportunity 
for comment because no significant EPA judgment is involved in making a 
finding of failure to submit

[[Page 9159]]

SIPs, or elements of SIPs, because the finding is required by the CAA 
where states have made no submissions to meet the SIP requirements, or 
where the EPA has separately determined that they made incomplete 
submissions. Thus, notice and public procedures are unnecessary. The 
EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

B. How can I get copies of this document and other related information?

    The EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2016-0646. All documents in the docket are listed on 
http://www.regulations.gov. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information or 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 
through http://www.regulations.gov.

C. Where do I go if I have a specific state question?

    For questions related to specific states mentioned in this notice, 
please contact the appropriate EPA Regional office:

------------------------------------------------------------------------
            Regional offices                          States
------------------------------------------------------------------------
EPA Region 1: Anne Arnold, Chief, Air    Connecticut, Maine,
 Quality Planning Unit, EPA Region 1, 1   Massachusetts, New Hampshire,
 Congress Street, Suite 1100, Boston,     Rhode Island, Vermont.
 MA 02203.
EPA Region 2: Rick Ruvo, Chief, Air      New Jersey.
 Program Branch, EPA Region 2, 290
 Broadway, New York, NY 10007.
EPA Region 3: Maria Pino, Acting         Delaware, District of Columbia,
 Associate Director, Office of Air        Maryland, Pennsylvania,
 Program Planning, EPA Region 3, 1650     Virginia.
 Arch Street, Philadelphia, PA 19103.
EPA Region 5: John Mooney, Chief, Air    Illinois, Indiana, Wisconsin.
 Programs Branch, EPA Region 5, 77 West
 Jackson Street, Chicago, IL 60604.
EPA Region 9: Doris Lo, Chief, Air       California.
 Planning Office, EPA Region 9, 75
 Hawthorne Street, San Francisco, CA
 94105.
------------------------------------------------------------------------

D. How is the preamble organized?

Table of Contents

I. General Information
    A. Notice and Comment Under the Administrative Procedure Act 
(APA)
    B. How can I get copies of this document and other related 
information?
    C. Where do I go if I have specific state questions?
    D. How is the preamble organized?
II. Background
III. Consequences of a Finding of Failure To Submit
IV. Findings of Failure To Submit for States That Failed To Make a 
Nonattainment Area and/or Ozone Transport Region SIP Submittal
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Executive 
Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act of 1995 (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority and Low-Income Populations
    K. Congressional Review Act (CRA)
    L. Judicial Review

II. Background

    On March 27, 2008, the EPA issued its final action to revise the 
NAAQS for ozone to establish new 8-hour standards.\1\ In that action, 
the EPA promulgated identical revised primary and secondary ozone 
standards, designed to protect public health and welfare, of 0.075 
parts per million (ppm).\2\ Those standards are met when the 3-year 
average of the annual fourth highest daily maximum 8-hour average ozone 
concentration is less than or equal to 0.075 ppm.\3\
---------------------------------------------------------------------------

    \1\ 73 FR 16436.
    \2\ Since the 2008 primary and secondary NAAQS for ozone are 
identical, for convenience, we refer to both as ``the 2008 ozone 
NAAQS'' or ``the 2008 ozone standard.''
    \3\ 40 CFR 50.15.
---------------------------------------------------------------------------

    Promulgation of a revised NAAQS triggers a requirement for the EPA 
to designate areas of the country as nonattainment, attainment, or 
unclassifiable for the standards; for ozone NAAQS, this also involves 
classifying any nonattainment areas at the time of designation.\4\ 
Ozone nonattainment areas are classified based on the severity of their 
ozone levels (as determined based on the area's ``design value,'' which 
represents air quality in the area for the most recent 3 years). The 
possible classifications for ozone nonattainment areas are Marginal, 
Moderate, Serious, Severe, and Extreme.\5\ Nonattainment areas with a 
``lower'' classification have ozone levels that are closer to the 
standard than areas with a ``higher'' classification.\6\
---------------------------------------------------------------------------

    \4\ CAA sections 107(d)(1) and 181(a)(1).
    \5\ CAA section 181(a)(1).
    \6\ See 40 CFR 51.1103 for the design value thresholds for each 
classification for the 2008 ozone NAAQS.
---------------------------------------------------------------------------

    On May 21, 2012, and June 11, 2012, the EPA issued rules 
designating 46 areas throughout the country as nonattainment for the 
2008 ozone NAAQS, effective July 20, 2012, and establishing 
classifications for the designated nonattainment areas.\7\ Areas 
designated nonattainment for the ozone NAAQS are subject to the general 
nonattainment area planning requirements of CAA section 172 and also to 
the ozone-specific planning requirements of CAA section 182. States in 
the OTR are additionally subject to the requirements outlined in CAA 
section 184.
---------------------------------------------------------------------------

    \7\ 77 FR 30088 (May 21, 2012) and 77 FR 34221 (June 11, 2012).
---------------------------------------------------------------------------

    Ozone nonattainment areas in the lower classification levels have 
fewer and/or less stringent mandatory air quality planning and control 
requirements than those in higher classifications. For a Marginal area, 
a state is required to submit a baseline emissions inventory and adopt 
a SIP requiring emissions statements from stationary sources and 
implementing a Nonattainment New Source Review (NNSR) program for the 
relevant ozone standard.\8\ For a Moderate area, a state needs to 
comply with the Marginal area requirements, plus additional 
requirements, including the requirement to submit a demonstration that 
the area will attain in 6 years, the requirement to

[[Page 9160]]

adopt and implement certain emissions controls, such as Reasonably 
Available Control Technology (RACT), and the requirement for greater 
emissions offsets for new or modified major stationary sources under 
the state's NNSR program. For each higher ozone nonattainment 
classification, a state needs to comply with all lower area 
classification requirements, plus additional emissions controls and 
more expansive NNSR offset requirements.
---------------------------------------------------------------------------

    \8\ CAA section 182(a).
---------------------------------------------------------------------------

    The CAA sets out specific requirements for states in the OTR.\9\ 
Upon promulgation of the 2008 ozone NAAQS, states in the OTR were 
required to submit a SIP revision for RACT.\10\ This requirement is the 
only recurring obligation for an OTR state upon revision of a NAAQS, 
unless that state also contains some portion of a nonattainment area 
for the revised NAAQS. In that case, the nonattainment requirements 
described above also apply to those portions of that state.
---------------------------------------------------------------------------

    \9\ CAA section 184 details specific requirements for a group of 
states (and the District of Columbia) that make up the OTR. States 
in the OTR are required to submit RACT SIP revisions and mandate a 
certain level of emissions control for the pollutants that form 
ozone, even if the areas in the state meet the ozone standards.
    \10\ 40 CFR 51.1116.
---------------------------------------------------------------------------

    On March 6, 2015, the EPA established a final implementation rule 
for the 2008 ozone NAAQS (2008 Ozone SIP Requirements Rule).\11\ The 
purpose of that action was to detail the requirements applicable to 
ozone nonattainment areas, as well as requirements that apply in the 
OTR, and provide specific deadlines for SIP submittals.
---------------------------------------------------------------------------

    \11\ 80 FR 12264.
---------------------------------------------------------------------------

Reasonably Available Control Technology

    Subpart 1 of part D of title I of the CAA includes a requirement 
that the SIP for a nonattainment area must provide for the 
implementation of all reasonably available control measures (otherwise 
referred to as Reasonably Available Control Measures) as expeditiously 
as practicable to meet a given NAAQS, including such emissions 
reductions that may be obtained through implementation of RACT. Under 
the provisions of Subpart 2 of part D of title I of the CAA, states 
with ozone nonattainment areas classified Moderate and higher must 
adopt RACT rules for all volatile organic compounds (VOC) sources 
covered by existing or new Control Technique Guidelines (CTGs),\12\ and 
for all other major stationary sources of VOC and nitrogen oxide 
(NOX).\13\ This same requirement applies to states with 
affected sources in the OTR.\14\ The RACT SIP requirements for states 
with nonattainment areas and states in the OTR are codified for the 
2008 ozone NAAQS in 40 CFR 51.1112 and 51.1116(b), respectively, and 
require that RACT SIP revisions be submitted no later than 24 months 
after the effective date of area designations for the 2008 standards 
(i.e., July 20, 2014).
---------------------------------------------------------------------------

    \12\ CTGs provide the EPA's recommendations on how to control 
emissions of VOC from a specific type of product or process (source 
category) in an ozone nonattainment area. Each CTG includes 
emissions limitations based on RACT. RACT emissions limitations are 
the lowest emissions limitations that a particular source is capable 
of meeting by the application of control technology that is 
reasonably available considering technological and economic 
feasibility. Air agencies responsible for ozone nonattainment areas 
or areas in the OTR must evaluate the recommendations provided in 
the CTG and determine if it is necessary to modify their existing 
regulations or create new regulations to meet the CAA's RACT 
requirements. See Web site: https://www3.epa.gov/airtoxics/ctg_act.html.
    \13\ To clarify, this notice does not make any findings with 
respect to SIP revisions that were required upon EPA's issuance of 
specific CTGs in 2006, 2007, 2008 or other years. In issuing those 
CTGs, the EPA established a separate set of SIP revision deadlines 
(as required by CAA section 182(b)(2)), and these deadlines are not 
associated with or triggered by the issuance of revised ozone NAAQS 
in 1997 or 2008. The findings in this notice pertain only to those 
SIP revisions triggered by the promulgation of a revised ozone NAAQS 
in 2008.
    \14\ CAA section 184(b).
---------------------------------------------------------------------------

Nonattainment New Source Review

    NNSR is a preconstruction review permit program that applies to new 
major stationary sources or major modifications at existing sources 
located in a nonattainment area.\15\ The specific NNSR requirements for 
the 2008 ozone NAAQS are located in 40 CFR 51.160-165. The 2008 Ozone 
SIP Requirements Rule explained that, for each nonattainment area, a 
NNSR plan or plan revision was due no later than 36 months after the 
effective date of area designations for the 2008 standards (i.e., July 
20, 2015).\16\
---------------------------------------------------------------------------

    \15\ CAA sections 172(c)(5), 173 and 182.
    \16\ With respect to states with nonattainment areas subject to 
a finding of failure to submit NNSR SIP revisions, such revisions 
would no longer be required if the area were redesignated to 
attainment. The CAA's Prevention of Significant Deterioration 
program requirements apply in lieu of NNSR after an area is 
redesignated to attainment. For areas outside the OTR, NNSR 
requirements do not apply in areas designated as attainment.
---------------------------------------------------------------------------

Basic Vehicle Inspection and Maintenance

    Consistent with the applicable provisions under CAA section 
182(b)(4), ozone nonattainment areas with urbanized populations of 
200,000 or more based upon the 1990 United States Census that are 
classified as Moderate are subject to requirements to implement a basic 
vehicle inspection and maintenance (I/M) program, for which a new 
submittal or plan revision is due at the same time as the attainment 
demonstration, which was 3 years after the effective date of 
designation for a Moderate area (i.e., July 20, 2015).\17\
---------------------------------------------------------------------------

    \17\ 40 CFR 51.372(b)(2).
---------------------------------------------------------------------------

Transportation Control Measures To Offset Growth in Emissions From 
Growth in Vehicle Miles Traveled

    Consistent with CAA section 182(d)(1)(A), Severe and higher ozone 
nonattainment areas must submit an analysis to determine if emissions 
have increased due to growth in vehicle miles traveled (VMT) or vehicle 
trips. If the VMT analysis shows that a growth in emissions has 
occurred, the subject area must develop and submit a new plan or a plan 
revision with specific enforceable transportation control measures 
(TCMs) to offset that growth in emissions. For such areas, a new 
submittal or plan revision was due 2 years after the effective date of 
area designation (i.e., July 20, 2014).

Clean Fuels for Boilers

    For ozone nonattainment areas classified as Extreme, section 
182(e)(3) of the CAA outlines requirements for new, modified, and 
existing electric utility, industrial, and commercial boilers that emit 
more than 25 tons per year of NOX. Such facilities must use 
a low polluting fuel as its primary fuel source (e.g., natural gas, 
methane, ethanol) or use advanced control technology for NOX 
emissions reductions. For such areas, a new submittal or plan revision 
was due 3 years after the effective date of area designation (i.e., 
July 20, 2015).

III. Consequences of a Finding of Failure To Submit

    For plan requirements under subpart D, title I of the CAA, such as 
those for ozone nonattainment areas and areas in the OTR, if the EPA 
finds that a state has failed to make the required SIP submittal or 
that a submitted SIP is incomplete, then CAA section 179(a) establishes 
specific consequences, including the eventual imposition of mandatory 
sanctions for the affected area. Additionally, such a finding triggers 
an obligation under CAA section 110(c) for the EPA to promulgate a FIP 
no later than 2 years from the finding of failure to submit a complete 
SIP, if the affected state has not submitted, and the EPA has not 
approved, the required SIP submittal.
    If the EPA has not affirmatively determined that a state has 
submitted a

[[Page 9161]]

complete SIP addressing the deficiency that is the basis for the 
finding within 18 months of the effective date of this rulemaking, then 
pursuant to CAA section 179(a) and (b) and 40 CFR 52.31 the offset 
sanction identified in CAA section 179(b)(2) will apply in the affected 
nonattainment area. If the EPA has not affirmatively determined that 
the state has submitted a complete SIP addressing the deficiency that 
is the basis for the finding within 6 months after the offset sanction 
is imposed, then the highway funding sanction will apply in the 
affected nonattainment area, in accordance with CAA section 179(b)(1) 
and 40 CFR 52.31. If the state does not make the required SIP submittal 
and the EPA does not take final action to approve the submittal within 
2 years of the effective date of these findings, the EPA is required to 
promulgate a FIP, pursuant to CAA section 179(a) and 40 CFR 52.31 for 
the affected nonattainment area.

IV. Findings of Failure To Submit for States That Failed To Make a 
Nonattainment Area and/or Ozone Transport Region SIP submittal

    Based on a review of SIP submittals received and deemed complete as 
of the date of this action, the EPA is finding that the states and 
areas listed in the tables below have failed to submit specific SIP 
element(s) for the 2008 ozone NAAQS required under subpart 2 of part D 
of title 1 of the CAA and the 2008 Ozone SIP Requirements Rule.

  Table 1--Findings of Failure To Submit Certain Required SIP Elements for 2008 Ozone NAAQS Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
             Region                   State                     Area name                  Required SIP element
----------------------------------------------------------------------------------------------------------------
1...............................  CT             Greater Connecticut...................  Nonattainment NSR
                                                                                          rules--Marginal.
1...............................  CT             New York-N. New Jersey-Long Island....  Nonattainment NSR
                                                                                          rules--Marginal.
1...............................  MA             Dukes County..........................  Nonattainment NSR
                                                                                          rules--Marginal.
2...............................  NJ             New York-N. New Jersey-Long Island....  Nonattainment NSR
                                                                                          rules--Marginal.
2...............................  NJ             Philadelphia-Wilmington-Atlantic City.  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  DC             Washington............................  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  DE             Philadelphia-Wilmington-Atlantic City.  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  DE             Seaford...............................  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  MD             Baltimore.............................  I/M Basic.
3...............................  MD             Baltimore.............................  Nonattainment NSR
                                                                                          rules--Moderate.
3...............................  MD             Baltimore.............................  NOX RACT for Major
                                                                                          Sources.
3...............................  MD             Philadelphia-Wilmington-Atlantic City.  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  MD             Washington............................  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  PA             Allentown-Bethlehem-Easton............  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  PA             Lancaster.............................  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  PA             Philadelphia-Wilmington-Atlantic City.  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  PA             Pittsburgh-Beaver Valley..............  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  PA             Reading...............................  Nonattainment NSR
                                                                                          rules--Marginal.
3...............................  VA             Washington............................  Nonattainment NSR
                                                                                          rules--Marginal.
5...............................  IL             Chicago-Naperville....................  Nonattainment NSR
                                                                                          rules--Marginal.
5...............................  IL             St. Louis-St. Charles-Farmington......  Nonattainment NSR
                                                                                          rules--Marginal.
5...............................  IN             Chicago-Naperville....................  Nonattainment NSR
                                                                                          rules--Marginal.
5...............................  IN             Cincinnati............................  Nonattainment NSR
                                                                                          rules--Marginal.
5...............................  WI             Chicago-Naperville....................  Nonattainment NSR
                                                                                          rules--Marginal.
5...............................  WI             Sheboygan County......................  Nonattainment NSR
                                                                                          rules--Marginal.
9...............................  CA             Calaveras County......................  Nonattainment NSR
                                                                                          rules--Marginal.
9...............................  CA             Kern County (Eastern Kern)............  Nonattainment NSR
                                                                                          rules--Marginal.
9...............................  CA             Los Angeles-San Bernardino Counties     Nonattainment NSR
                                                  (Antelope Valley & Mojave Desert air    rules--Severe 15.
                                                  districts).
9...............................  CA             Los Angeles-San Bernardino Counties     VMT--TCMs to Offset
                                                  (Antelope Valley & Mojave Desert air    Growth.
                                                  districts).
9...............................  CA             Los Angeles-South Coast Air Basin.....  Clean Fuels for
                                                                                          Boilers.
9...............................  CA             Los Angeles-South Coast Air Basin.....  Nonattainment NSR
                                                                                          rules--Extreme.
9...............................  CA             Los Angeles-South Coast Air Basin.....  VMT--TCMs to Offset
                                                                                          Growth.
9...............................  CA             Mariposa County.......................  Nonattainment NSR
                                                                                          rules--Marginal.
9...............................  CA             Riverside County (Coachella Valley)...  Nonattainment NSR
                                                                                          rules--Severe 15.
9...............................  CA             Riverside County (Coachella Valley)...  VMT--TCMs to Offset
                                                                                          Growth.
9...............................  CA             Sacramento Metro (Sacramento).........  Non-CTG VOC RACT for
                                                                                          Major Sources.
9...............................  CA             Sacramento Metro (Sacramento).........  NOX RACT for Major
                                                                                          Sources.
9...............................  CA             Sacramento Metro (Sacramento).........  CTG VOC RACT (for all
                                                                                          44 CTGs *).
9...............................  CA             Sacramento Metro (Yolo Solano)........  Nonattainment NSR
                                                                                          rules--Severe 15.
9...............................  CA             Sacramento Metro (Yolo Solano)........  Non-CTG VOC RACT for
                                                                                          Major Sources.
9...............................  CA             Sacramento Metro (Yolo Solano)........  NOX RACT for Major
                                                                                          Sources.
9...............................  CA             Sacramento Metro (Yolo Solano)........  CTG VOC RACT (for all
                                                                                          44 CTGs *).
9...............................  CA             Sacramento Metro......................  VMT--TCMs to Offset
                                                                                          Growth.
9...............................  CA             San Joaquin Valley....................  Nonattainment NSR
                                                                                          rules--Extreme.

[[Page 9162]]

 
9...............................  CA             Ventura County........................  Nonattainment NSR
                                                                                          rules--Serious.
----------------------------------------------------------------------------------------------------------------
* A listing in the chart for ``all 44 CTGs'' or particular CTG does not mean that the state or area has failed
  to meet a plan submission requirement triggered by the issuance of any particular CTG. The findings in this
  notice pertain only to those SIP revisions triggered by the promulgation of a revised ozone NAAQS in 2008. In
  other words, consistent with CAA sections 182(b)(2) and 184(b)(1)(B), and 40 CFR 51.1112 and 51.1116,
  inclusion in this table means that the state or area listed has failed to submit to the EPA a RACT submittal
  per the 2008 ozone NAAQS to address the sources covered by a CTG. The 44 VOC RACT CTGs that are relevant for
  purposes of the 2008 ozone NAAQS are for the following source categories: Aerospace; Auto and Light-Duty Truck
  Assembly Coatings (2008); Bulk Gasoline Plants; Equipment Leaks from Natural Gas/Gasoline Processing Plants;
  Factory Surface Coating of Flat Wood Paneling; Fiberglass Boat Manufacturing Materials (2008); Flat Wood
  Paneling Coatings (2006); Flexible Packaging Printing Materials (2006); Fugitive Emissions from Synthetic
  Organic Chemical Polymer and Resin Manufacturing Equipment; Graphic Arts--Rotogravure and Flexography;
  Industrial Cleaning Solvents (2006); Large Appliance Coatings (2007); Large Petroleum Dry Cleaners; Leaks from
  Gasoline Tank Trucks and Vapor Collection Systems; Leaks from Petroleum Refinery Equipment; Lithographic
  Printing Materials and Letterpress Printing Materials (2006); Manufacture of High-Density Polyethylene,
  Polypropylene, and Polystyrene Resins; Manufacture of Pneumatic Rubber Tires; Manufacture of Synthesized
  Pharmaceutical Products; Metal Furniture Coatings (2007); Miscellaneous Industrial Adhesives (2008);
  Miscellaneous Metal Products Coatings (2008); Paper, Film, and Foil Coatings (2007); Petroleum Liquid Storage
  in External Floating Roof Tanks; Plastic Parts Coatings (2008); Refinery Vacuum Producing Systems, Wastewater
  Separators, and Process Unit Turnarounds; Shipbuilding/repair; SOCMI Air Oxidation Processes; SOCMI
  Distillation and Reactor Processes; Solvent Metal Cleaning; Stage I Vapor Control Systems--Gasoline Service
  Stations; Storage of Petroleum Liquids in Fixed Roof Tanks; Surface Coating for Insulation of Magnet Wire;
  Surface Coating of Automobiles and Light-Duty Trucks; Surface Coating of Cans; Coating of Coils; Surface
  Coating of Fabrics; Surface Coating of Large Appliances; Surface Coating of Metal Furniture; Surface Coating
  of Miscellaneous Metal Parts and Products; Coating of Paper; Tank Truck Gasoline Loading Terminals; Use of
  Cutback Asphalt; Wood Furniture.


Table 2--Findings of Failure To Submit Certain Required SIP Elements for
                  States in the Ozone Transport Region
------------------------------------------------------------------------
           EPA region                 State        Required SIP element
------------------------------------------------------------------------
1...............................  MA             Non-CTG VOC RACT for
                                                  Major Sources.
1...............................  MA             NOX RACT for Major
                                                  Sources.
1...............................  MA             CTG VOC RACT (for all
                                                  44 CTGs *).
1...............................  ME             Non-CTG VOC RACT for
                                                  Major Sources.
1...............................  ME             CTG VOC RACT (for all
                                                  44 CTGs *).
1...............................  NH             Non-CTG VOC RACT for
                                                  Major Sources.
1...............................  NH             NOX RACT for Major
                                                  Sources.
1...............................  NH             CTG VOC RACT (for all
                                                  44 CTGs *).
1...............................  RI             Non-CTG VOC RACT for
                                                  Major Sources.
1...............................  RI             NOX RACT for Major
                                                  Sources.
1...............................  RI             CTG VOC RACT (for all
                                                  44 CTGs *).
1...............................  VT             Non-CTG VOC RACT for
                                                  Major Sources.
1...............................  VT             NOX RACT for Major
                                                  Sources.
1...............................  VT             CTG VOC RACT (for all
                                                  44 CTGs *).
2...............................  NJ             CTG VOC RACT Fiberglass
                                                  Boat Manufacturing
                                                  Materials (2008).
2...............................  NJ             CTG VOC RACT
                                                  Miscellaneous Metal
                                                  Products Coatings
                                                  (2008).
2...............................  NJ             CTG VOC RACT Paper,
                                                  Film, and Foil
                                                  Coatings (2007).
2...............................  NJ             CTG VOC RACT Plastic
                                                  Parts Coatings (2008).
2...............................  NJ             CTG VOC RACT Industrial
                                                  Cleaning Solvents
                                                  (2006).
3...............................  DC             NOX RACT for Major
                                                  Sources.
3...............................  DC             CTG VOC RACT (for all
                                                  44 CTGs *).
3...............................  DC             Non-CTG VOC RACT for
                                                  Major Sources.
3...............................  MD             NOX RACT for Major
                                                  Sources.
3...............................  PA             CTG VOC RACT (for all
                                                  44 CTGs *).
3...............................  VA             Non-CTG VOC RACT for
                                                  Major Sources.
3...............................  VA             NOX RACT for Major
                                                  Sources.
3...............................  VA             CTG VOC RACT (for all
                                                  44 CTGs *).
------------------------------------------------------------------------
* See the explanation after Table 1.

V. Environmental Justice Considerations

    The EPA believes that the human health or environmental risks 
addressed by this action will not have disproportionately high or 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations because it does not directly affect the level 
of protection provided to human health or environment under the ozone 
NAAQS. The purpose of this rule is to make findings that states named 
have failed to provide the identified SIP submissions to the EPA that 
are required per the CAA for purposes of implementing the 2008 ozone 
NAAQS. As such, this action does not directly affect the level of 
protection provided for human health or the environment. Moreover, it 
is intended that the actions and deadlines resulting from this notice 
will in fact lead to greater protection for U.S. citizens, including 
minority, low-income, or indigenous populations, by ensuring that 
states meet their statutory obligation to develop and submit SIPs to 
ensure that areas make progress toward attaining the 2008 ozone NAAQS.

[[Page 9163]]

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Executive Order 
13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the PRA. This final rule does not establish any new 
information collection requirement apart from what is already required 
by law. This rule relates to the requirement in the CAA for states to 
submit SIPs under sections 172, 182, and 184 which address the 
statutory requirements that apply to areas designated as nonattainment 
for the ozone NAAQS and to states within the Ozone Transport Region, 
respectively.

C. Regulatory Flexibility Act (RFA)

    I certify that this rule will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities.
    The rule is a finding that the named states have not submitted the 
necessary SIP revisions.

D. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This rule finds that several states have failed 
to submit SIP revisions that satisfy the nonattainment area planning 
requirements under sections 172 and 182 of the CAA, and the OTR 
requirements under section 184 of the CAA for the 2008 ozone NAAQS. No 
tribe is subject to the requirement to submit an implementation plan 
under section 172 or under subpart 5 of part D of Title I of the CAA. 
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern health or safety risks that the EPA has 
reason to believe may disproportionately affect children, per the 
definition of ``covered regulatory action'' in section 2-202 of the 
Executive Order. This action is not subject to Executive Order 13045 
because it is a finding that several states have failed to submit SIP 
revisions that satisfy the nonattainment area planning requirements 
under sections 172 and 182 of the CAA, and the OTR requirements under 
Section 184 for the 2008 ozone NAAQS and does not directly or 
disproportionately affect children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations. In finding that several states have failed 
to submit SIP revisions that satisfy the nonattainment area planning 
requirements under sections 172 and 182 of the CAA, and the OTR 
requirements under section 184 of the CAA for the 2008 ozone NAAQS, 
this action does not directly affect the level of protection provided 
to human health or the environment. The results of this evaluation are 
contained in Section V of this preamble titled ``Environmental Justice 
Considerations.''

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Judicial Review

    Section 307(b)(l) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions of review of final agency actions by 
the EPA under the CAA. This section provides, in part, that petitions 
for review must be filed in the United States Court of Appeals for the 
District of Columbia Circuit (i) when the agency action consists of 
``nationally applicable regulations promulgated, or final actions 
taken, by the Administrator,'' or (ii) when such action is locally or 
regionally applicable, if ``such action is based on a determination of 
nationwide scope or effect and if in taking such action the 
Administrator finds and publishes that such action is based on such a 
determination.''
    The EPA has determined that this final rule consisting of findings 
of failure to submit certain of the required SIP revisions is 
``nationally applicable'' within the meaning of section 307(b)(1). This 
final agency action affects 15 states with nonattainment areas and/or 
in the OTR, located in five of the 10 EPA Regional offices, and in 6 
different federal circuits.
    In addition, the EPA has determined that this rule has nationwide 
scope or effect because it addresses a common core of knowledge and 
analysis involved in formulating the decision and a common 
interpretation of the requirements of 40 CFR 51 appendix V applied to 
determining the completeness of SIPs in states across the country. This 
determination is appropriate because, in the 1977 CAA Amendments that 
revised CAA section 307(b)(l), Congress noted that the Administrator's 
determination that an action is of ``nationwide scope or effect'' would 
be appropriate for any action that has ``scope or effect beyond a 
single judicial circuit.'' H.R. Rep. No. 95-294 at 323-324, reprinted 
in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect of this action 
extends to the 6 judicial circuits that include the states across the 
country affected by this action. In these circumstances, section 
307(b)(1) and its legislative history authorize the Administrator to 
find the rule to be of ``nationwide scope or effect'' and, thus, to 
indicate that venue for challenges lies in the District of Columbia 
Circuit. Accordingly, the EPA

[[Page 9164]]

is determining that this rule is of nationwide scope or effect.
    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 District of Columbia Circuit within 60 days from the date this 
final action is published in the Federal Register. Filing a petition 
for review by the Administrator of this final action does not affect 
the finality of the action for the purposes of judicial review, nor 
does it extend the time within which a petition for judicial review 
must be filed, and shall not postpone the effectiveness of such rule or 
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Approval and promulgation of 
implementation plans, Administrative practice and procedures, Air 
pollution control, Incorporation by reference, Intergovernmental 
relations, and Reporting and recordkeeping requirements.

    Dated: January 13, 2017.
Gina McCarthy,
Administrator.
[FR Doc. 2017-02188 Filed 2-2-17; 8:45 am]
 BILLING CODE 6560-50-P