Interim Final Determination To Defer Sanctions; California; Los Angeles-South Coast Air Basin, 46917-46919 [2017-21611]
Download as PDF
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
Rule No.
State effective
date
Rule title
*
*
*
*
Final rule citation, date
*
*
46917
Comments
*
R307–202. Emission Standards: General Burning
R307–202 ..................
Emission Standards: General Burning .........
*
*
*
*
*
*
*
[FR Doc. 2017–21612 Filed 10–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0204; FRL–9969–03–
Region 9]
Interim Final Determination To Defer
Sanctions; California; Los AngelesSouth Coast Air Basin
Environmental Protection
Agency (EPA).
ACTION: Interim final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is making an interim final
determination to defer the imposition of
offset and highway sanctions in the Los
Angeles-South Coast air basin (‘‘South
Coast’’) based on a proposed approval of
revisions to the South Coast portion of
the California State Implementation
Plan (SIP) published elsewhere in this
Federal Register. The revisions concern
Clean Air Act (CAA) reasonably
available control measures/reasonably
available control technology (RACM/
RACT) and reasonable further progress
(RFP) requirements for the 2006 24-hour
fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS)
in the South Coast.
DATES: This interim final determination
is effective on October 10, 2017.
However, comments will be accepted
until November 9, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2015–0204 at https://
www.regulations.gov, or via email to
Wienke Tax, Air Planning Office, at
tax.wienke@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be removed or edited from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Pmangrum on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:55 Oct 06, 2017
Jkt 244001
*
10/6/2014
*
Insert Federal Register
citation], 10/10, 2017.
*
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Wienke Tax, Air Planning Office (AIR–
2), U.S. Environmental Protection
Agency, Region IX, (415) 947–4192,
tax.wienke@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
I. Background
On April 14, 2016 (80 FR 22025), we
published a final action to partially
approve and partially disapprove SIP
revisions submitted by California to
address CAA Moderate area attainment
plan requirements for the 2006 24-hour
PM2.5 NAAQS in the South Coast
nonattainment area (‘‘2012 PM2.5 Plan’’).
As part of that action, we disapproved
two elements of the 2012 PM2.5 Plan
because they did not fully meet the
requirements for RACM/RACT-level
controls under sections 189(a)(1)(C) and
172(c)(1) of the CAA and thus also did
not meet the requirement for RFP under
section 172(c)(2) of the CAA. This
disapproval action became effective on
May 16, 2016, and started a sanctions
clock for imposition of offset sanctions
18 months after May 16, 2016, and
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
*
*
highway sanctions 6 months later,
pursuant to CAA section 179 and our
regulations at 40 CFR 52.31. Therefore,
offset sanctions will apply on November
16, 2017, and highway sanctions will
apply on May 16, 2018, unless the EPA
determines that the deficiencies forming
the bases for the disapprovals have been
corrected.
On March 17, 2017, the State of
California submitted, as a revision to the
California SIP, amendments to the
South Coast Air Quality Management
District’s (SCAQMD or ‘‘District’’)
Regional Clean Air Incentives Market
(RECLAIM) program, which consists of
SCAQMD rules 2000 to 2020 and
applies to stationary sources that emit at
least four tons per year of nitrogen
oxides or sulfur oxides in the South
Coast. Additionally, on May 22, 2017,
CARB submitted the SCAQMD’s public
draft version of the ‘‘Supplemental
RACM/RACT Analysis for the 2006 24Hour PM2.5 and 2008 8-Hour Ozone
Standards’’ (‘‘2017 RACT
Supplement’’).1 We proposed to
approve the revised RECLAIM rules on
June 6, 2017 (82 FR 25996), and fully
approved these rules on September 14,
2017 (82 FR 43176). We proposed to
approve the 2017 RACT Supplement on
June 15, 2017 (82 FR 27451), and fully
approved it on September 20, 2017 (82
FR 43850).2
In the Proposed Rules section of
today’s Federal Register, we are
proposing to approve the RACM/RACT
and RFP demonstrations in the 2012
PM2.5 Plan based on our final approvals
of the revised RECLAIM rules and the
1 California submitted the 2017 RACT
Supplement to address deficiencies identified in
both the EPA’s April 14, 2016 partial disapproval
of the 2012 PM2.5 Plan and the EPA’s separate
proposal to partially disapprove the District’s ‘‘2016
AQMP Reasonably Available Control Technology
(RACT) Demonstration,’’ which California had
submitted to address RACT requirements under
CAA section 182(b) and (f) and 40 CFR 51.1112 for
the 2008 ozone NAAQS in the South Coast and
Coachella Valley nonattainment areas (see 82 FR
27451, June 15, 2017).
2 California adopted the 2017 RACT Supplement
on July 7, 2017, and submitted it to the EPA on July
27, 2017.
E:\FR\FM\10OCR1.SGM
10OCR1
46918
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
Pmangrum on DSK3GDR082PROD with RULES
2017 RACT Supplement, because we
believe these SIP submissions correct
the deficiencies identified in our April
14, 2016 partial disapproval action.
Based on today’s proposed approval, we
are taking this interim final rulemaking
action, effective on publication, to defer
the imposition of the offset sanctions
and highway sanctions triggered by our
April 14, 2016 partial disapproval.
The EPA is providing the public with
an opportunity to comment on this
deferral of sanctions. If comments are
submitted that change our assessment
described in this interim final
determination and the proposed full
approval of the RACM/RACT and RFP
demonstrations in the 2012 PM2.5 Plan,
we would take subsequent final action
to reimpose sanctions pursuant to 40
CFR 52.31(d). If no comments are
submitted that change our assessment,
we will take final action to approve the
RACM/RACT and RFP demonstrations
in the 2012 PM2.5 Plan, and all sanctions
and sanction clocks related to the May
16, 2016 disapproval action with respect
to these elements of the 2012 PM2.5 Plan
will be permanently terminated on the
effective date of the final approval.
II. EPA Action
We are making an interim final
determination to defer the imposition of
CAA section 179 sanctions associated
with our partial disapproval of the 2012
PM2.5 Plan based on our concurrent
proposal to determine that our prior
approvals of the District’s revised
RECLAIM rules and 2017 RACT
Supplement correct the deficiencies that
initiated sanctions clocks.
Because the EPA has preliminarily
determined that the State has corrected
the deficiencies previously identified in
the EPA’s partial disapproval action,
relief from sanctions should be provided
as quickly as possible. Therefore, the
EPA is invoking the good cause
exception under the Administrative
Procedure Act (APA) in not providing
an opportunity for comment before this
action takes effect (5 U.S.C. 553(b)(3)).
However, by this action the EPA is
providing the public with an
opportunity to comment on the EPA’s
determination after the effective date,
and the EPA will consider any
comments received in determining
whether to reverse such action.
The EPA believes that notice-andcomment rulemaking before the
effective date of this action is
impracticable and contrary to the public
interest. The EPA has reviewed the
State’s revised RECLAIM rules and 2017
RACT Supplement and, through a
separate action, is proposing to find that
the State has corrected the deficiencies
VerDate Sep<11>2014
14:55 Oct 06, 2017
Jkt 244001
that started the sanctions clocks.
Therefore, it is not in the public interest
to impose sanctions when the State has
most likely taken appropriate action to
correct the deficiencies that triggered
the sanctions clocks. Moreover, it would
be impracticable to go through noticeand-comment rulemaking on a finding
that the State has corrected the
deficiencies prior to the rulemaking
approving the State’s actual submission
addressing those deficiencies.
Therefore, the EPA believes that it is
necessary to use the interim final
rulemaking process to defer sanctions
while the EPA completes its rulemaking
process on the approvability of the
State’s submission addressing the
deficiencies. Moreover, with respect to
the effective date of this action, the EPA
is invoking the good cause exception to
the 30-day notice requirement of the
APA because the purpose of this action
is to relieve a restriction (5 U.S.C.
553(d)(1)).
III. Statutory and Executive Order
Reviews
This action defers federal sanctions
and imposes no additional
requirements. For that reason, this
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to Congress and the
Comptroller General. However, section
808 provides that any rule for which the
issuing agency for good cause finds that
notice and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest, shall take effect at
such time as the agency promulgating
the rule determines. 5 U.S.C. 808(2).
EPA has made such good cause finding,
including the reasons therefore, and
established an effective date of October
10, 2017. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This rule 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 December 11, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purpose of judicial review nor does it
extend the time within which petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ammonia,
E:\FR\FM\10OCR1.SGM
10OCR1
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
Incorporation by reference,
Intergovernmental regulations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 26, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0019; FRL–9969–05–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; North
Dakota; Revisions to Air Pollution
Control Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of North Dakota
on January 28, 2013, and April 22, 2014.
The revisions are to Article 33–15 Air
Pollution Control rules of the North
Dakota Administrative Code. The
revisions include amendments to add
EPA Reference Method 22 to determine
compliance with a visible emissions
limit, add significance levels for PM2.5,
modify existing significance levels for
NO2 and SO2 and remove the
significance level for PM10. This action
is being taken under section 110 of the
Clean Air Act (CAA).
DATES: This rule is effective on
November 9, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2017–0019. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
Pmangrum on DSK3GDR082PROD with RULES
VerDate Sep<11>2014
14:55 Oct 06, 2017
Jkt 244001
Jaslyn Dobrahner, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6252,
dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
[FR Doc. 2017–21611 Filed 10–6–17; 8:45 am]
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
In our notice of proposed rulemaking
published on July 28, 2017 (82 FR
35153), the EPA proposed to approve
revisions to Article 33–15 Air Pollution
Control rules of the North Dakota
Administrative Code submitted by the
State of North Dakota on January 28,
2013, and April 22, 2014. In this
rulemaking, we are taking final action
on a revision submitted in the January
28, 2013 submittal to revise significance
levels. The North Dakota State Health
Council adopted those amendments on
August 14, 2012 (effective January 1,
2013). In addition, we are also taking
final action on a revision that was
included in the April 22, 2014 submittal
to add EPA Reference Method 22 for
determining opacity for limits expressed
as zero percent opacity. The North
Dakota State Health Council adopted
those amendments on February 11, 2014
(effective April 1, 2014). The reasons for
our approval are provided in detail in
the proposed rule.
46919
described in the amendments set forth
to 40 CFR part 52 below. The EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and/or at the EPA
Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
V. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations
(42 U.S.C. 7410(k), 40 CFR 52.02(a)).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this final action
merely approves some state law as
meeting federal requirements; this final
action does not impose additional
requirements beyond those imposed by
II. Response to Comments
state law. For that reason, this final
We received no comments on our
action:
proposed rule.
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
III. Final Action
of Management and Budget under
For the reasons expressed in the
Executive Order 12866 (58 FR 51735,
proposed rule, the EPA is approving
Oct. 4, 1993);
revisions to sections of the State’s Air
• Does not impose an information
Pollution Control rules from the January
28, 2013, and April 22, 2014 submittals. collection burden under the provisions
of the Paperwork Reduction Act (44
A summary of the revisions in North
Dakota’s Air Pollution Control rules the U.S.C. 3501 et seq.);
• Is certified as not having a
EPA is approving is provided in Table
significant economic impact on a
1.
substantial number of small entities
TABLE 1—LIST OF NORTH DAKOTA RE- under the Regulatory Flexibility Act (5
VISIONS THAT THE EPA IS APPROV- U.S.C. 601 et seq.);
• Does not contain any unfunded
ING
mandate or significantly or uniquely
Revisions in January 28, 2013 and April 22, 2014
affect small governments, as described
submittals that EPA is approving
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
January 28, 2013 submittal: 33–15–14–02.5.a.
April 22, 2014 submittal: 33–15–03–05.2.
• Does not have federalism
implications as specified in Executive
IV. Incorporation by Reference
Order 13132 (64 FR 43255, Aug. 10,
1999);
In this rule, the EPA is finalizing
• Is not an economically significant
regulatory text that includes
regulatory action based on health or
incorporation by reference. In
safety risks subject to Executive Order
accordance with requirements of 1 CFR
13045 (62 FR 19885, April 23, 1997);
51.5, the EPA is finalizing the
incorporation by reference of North
1 62 FR 27968 (May 22, 1997).
Dakota Air Pollution Control rules
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
E:\FR\FM\10OCR1.SGM
10OCR1
Agencies
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46917-46919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21611]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0204; FRL-9969-03-Region 9]
Interim Final Determination To Defer Sanctions; California; Los
Angeles-South Coast Air Basin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination to defer the imposition of offset and highway
sanctions in the Los Angeles-South Coast air basin (``South Coast'')
based on a proposed approval of revisions to the South Coast portion of
the California State Implementation Plan (SIP) published elsewhere in
this Federal Register. The revisions concern Clean Air Act (CAA)
reasonably available control measures/reasonably available control
technology (RACM/RACT) and reasonable further progress (RFP)
requirements for the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS) in
the South Coast.
DATES: This interim final determination is effective on October 10,
2017. However, comments will be accepted until November 9, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2015-0204 at https://www.regulations.gov, or via email to Wienke
Tax, Air Planning Office, at tax.wienke@epa.gov. For comments submitted
at Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be removed or edited from
Regulations.gov. For either manner of submission, the EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 947-4192,
tax.wienke@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
I. Background
On April 14, 2016 (80 FR 22025), we published a final action to
partially approve and partially disapprove SIP revisions submitted by
California to address CAA Moderate area attainment plan requirements
for the 2006 24-hour PM2.5 NAAQS in the South Coast
nonattainment area (``2012 PM2.5 Plan''). As part of that
action, we disapproved two elements of the 2012 PM2.5 Plan
because they did not fully meet the requirements for RACM/RACT-level
controls under sections 189(a)(1)(C) and 172(c)(1) of the CAA and thus
also did not meet the requirement for RFP under section 172(c)(2) of
the CAA. This disapproval action became effective on May 16, 2016, and
started a sanctions clock for imposition of offset sanctions 18 months
after May 16, 2016, and highway sanctions 6 months later, pursuant to
CAA section 179 and our regulations at 40 CFR 52.31. Therefore, offset
sanctions will apply on November 16, 2017, and highway sanctions will
apply on May 16, 2018, unless the EPA determines that the deficiencies
forming the bases for the disapprovals have been corrected.
On March 17, 2017, the State of California submitted, as a revision
to the California SIP, amendments to the South Coast Air Quality
Management District's (SCAQMD or ``District'') Regional Clean Air
Incentives Market (RECLAIM) program, which consists of SCAQMD rules
2000 to 2020 and applies to stationary sources that emit at least four
tons per year of nitrogen oxides or sulfur oxides in the South Coast.
Additionally, on May 22, 2017, CARB submitted the SCAQMD's public draft
version of the ``Supplemental RACM/RACT Analysis for the 2006 24-Hour
PM2.5 and 2008 8-Hour Ozone Standards'' (``2017 RACT
Supplement'').\1\ We proposed to approve the revised RECLAIM rules on
June 6, 2017 (82 FR 25996), and fully approved these rules on September
14, 2017 (82 FR 43176). We proposed to approve the 2017 RACT Supplement
on June 15, 2017 (82 FR 27451), and fully approved it on September 20,
2017 (82 FR 43850).\2\
---------------------------------------------------------------------------
\1\ California submitted the 2017 RACT Supplement to address
deficiencies identified in both the EPA's April 14, 2016 partial
disapproval of the 2012 PM2.5 Plan and the EPA's separate
proposal to partially disapprove the District's ``2016 AQMP
Reasonably Available Control Technology (RACT) Demonstration,''
which California had submitted to address RACT requirements under
CAA section 182(b) and (f) and 40 CFR 51.1112 for the 2008 ozone
NAAQS in the South Coast and Coachella Valley nonattainment areas
(see 82 FR 27451, June 15, 2017).
\2\ California adopted the 2017 RACT Supplement on July 7, 2017,
and submitted it to the EPA on July 27, 2017.
---------------------------------------------------------------------------
In the Proposed Rules section of today's Federal Register, we are
proposing to approve the RACM/RACT and RFP demonstrations in the 2012
PM2.5 Plan based on our final approvals of the revised
RECLAIM rules and the
[[Page 46918]]
2017 RACT Supplement, because we believe these SIP submissions correct
the deficiencies identified in our April 14, 2016 partial disapproval
action. Based on today's proposed approval, we are taking this interim
final rulemaking action, effective on publication, to defer the
imposition of the offset sanctions and highway sanctions triggered by
our April 14, 2016 partial disapproval.
The EPA is providing the public with an opportunity to comment on
this deferral of sanctions. If comments are submitted that change our
assessment described in this interim final determination and the
proposed full approval of the RACM/RACT and RFP demonstrations in the
2012 PM2.5 Plan, we would take subsequent final action to
reimpose sanctions pursuant to 40 CFR 52.31(d). If no comments are
submitted that change our assessment, we will take final action to
approve the RACM/RACT and RFP demonstrations in the 2012
PM2.5 Plan, and all sanctions and sanction clocks related to
the May 16, 2016 disapproval action with respect to these elements of
the 2012 PM2.5 Plan will be permanently terminated on the
effective date of the final approval.
II. EPA Action
We are making an interim final determination to defer the
imposition of CAA section 179 sanctions associated with our partial
disapproval of the 2012 PM2.5 Plan based on our concurrent
proposal to determine that our prior approvals of the District's
revised RECLAIM rules and 2017 RACT Supplement correct the deficiencies
that initiated sanctions clocks.
Because the EPA has preliminarily determined that the State has
corrected the deficiencies previously identified in the EPA's partial
disapproval action, relief from sanctions should be provided as quickly
as possible. Therefore, the EPA is invoking the good cause exception
under the Administrative Procedure Act (APA) in not providing an
opportunity for comment before this action takes effect (5 U.S.C.
553(b)(3)). However, by this action the EPA is providing the public
with an opportunity to comment on the EPA's determination after the
effective date, and the EPA will consider any comments received in
determining whether to reverse such action.
The EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. The EPA has reviewed the State's revised RECLAIM rules
and 2017 RACT Supplement and, through a separate action, is proposing
to find that the State has corrected the deficiencies that started the
sanctions clocks. Therefore, it is not in the public interest to impose
sanctions when the State has most likely taken appropriate action to
correct the deficiencies that triggered the sanctions clocks. Moreover,
it would be impracticable to go through notice-and-comment rulemaking
on a finding that the State has corrected the deficiencies prior to the
rulemaking approving the State's actual submission addressing those
deficiencies. Therefore, the EPA believes that it is necessary to use
the interim final rulemaking process to defer sanctions while the EPA
completes its rulemaking process on the approvability of the State's
submission addressing the deficiencies. Moreover, with respect to the
effective date of this action, the EPA is invoking the good cause
exception to the 30-day notice requirement of the APA because the
purpose of this action is to relieve a restriction (5 U.S.C.
553(d)(1)).
III. Statutory and Executive Order Reviews
This action defers federal sanctions and imposes no additional
requirements. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to Congress and the Comptroller
General. However, section 808 provides that any rule for which the
issuing agency for good cause finds that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest, shall take effect at such time as the agency promulgating the
rule determines. 5 U.S.C. 808(2). EPA has made such good cause finding,
including the reasons therefore, and established an effective date of
October 10, 2017. EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This rule 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 December 11, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purpose of judicial review nor does
it extend the time within which petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
[[Page 46919]]
Incorporation by reference, Intergovernmental regulations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 26, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-21611 Filed 10-6-17; 8:45 am]
BILLING CODE 6560-50-P