Finding of Failure To Submit a Section 110 State Implementation Plan for Interstate Transport for the 2012 Annual National Ambient Air Quality Standards for Fine Particles; Massachusetts, 60870-60872 [2017-27625]
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60870
Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations
will be used. The bridge has a vertical
clearance of 14 feet above mean high
water in the closed position and
unlimited feet above mean high water in
the open position. The bridge will open
on signal at all other times. The current
operating schedule is set out in 33 CFR
117.5.
The AICW, Alligator River is used by
a variety of vessels including, small
commercial vessels, tug and barge
traffic, and recreational vessels. The
Coast Guard has carefully coordinated
the restrictions with waterway users in
publishing this temporary deviation.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at any time. During
the closure periods, the bridge will not
be able to open for emergencies and the
Croatan Sound to the Pamlico Sound
can be used as an alternative route for
vessels unable to pass through the
bridge in the closed position. During the
closure periods with scheduled
openings at noon, the bridge will be able
to open up for emergencies, if at least
one hour notice is given. The Coast
Guard will also inform the users of the
waterway through our Local Notice and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so vessel operators can arrange
their transits to minimize any impact
caused by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: December 18, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2017–27718 Filed 12–22–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R01–OAR–2017–0695, FRL–9972–39–
Region 1]
Finding of Failure To Submit a Section
110 State Implementation Plan for
Interstate Transport for the 2012
Annual National Ambient Air Quality
Standards for Fine Particles;
Massachusetts
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is taking final action
finding that Massachusetts failed to
submit an infrastructure State
Implementation Plan (SIP) to satisfy
certain interstate transport requirements
of the Clean Air Act (CAA) with respect
to the 2012 annual fine particles (PM2.5)
national ambient air quality standard
(NAAQS). Specifically, these
requirements pertain to significant
contribution to nonattainment, or
interference with maintenance, of the
2012 annual PM2.5 NAAQS in other
states. This finding of failure to submit
establishes a 2-year deadline for the
EPA to promulgate a Federal
Implementation Plan (FIP) to address
the interstate transport SIP requirements
pertaining to significant contribution to
nonattainment, interference with
maintenance, interference with
Prevention of Significant Deterioration,
and interference with visibility
protection, unless, prior to the EPA
promulgating a FIP, the state submits,
and the EPA approves, a SIP that meets
these requirements.
DATES: This final rule is effective on
January 25, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R01–OAR–2017–0695. All
documents in the dockets are listed on
https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. The EPA
requests that if at all possible, you
contact the individuals listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. The
Regional Office’s official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Environmental
Scientist, Air Quality Planning Unit, Air
Programs Branch (Mail Code OEP05–
02), U.S. Environmental Protection
Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts
02109–3912; (617) 918–1684;
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. General Information
A. Notice and Comment Under the
Administrative Procedures 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 procedure 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 rule final without
prior proposal and opportunity for
comment because no significant EPA
judgment is involved in making a
finding of failure to submit SIPs, or
elements of SIPs, required by the CAA,
where states have made no submissions
or incomplete submissions, to meet the
requirement. Thus, notice and public
procedure are unnecessary. The EPA
finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).
B. How is the Preamble Organized?
Table of Contents
I. General Information
II. Background and Overview
A. Interstate Transport SIPs
B. Background on the 2012 Annual PM2.5
NAAQS
III. Finding of Failure To Submit for
Massachusetts
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
II. Background and Overview
A. Interstate Transport SIPs
CAA section 110(a) imposes an
obligation upon states to submit SIPs
that provide for the implementation,
maintenance and enforcement of a new
or revised NAAQS within three years
following the promulgation of that
NAAQS. Section 110(a)(2) lists specific
requirements that states must meet in
these SIP submissions, as applicable.
The EPA refers to this type of SIP
submission as the ‘‘infrastructure’’ SIP
because it ensures that states can
implement, maintain and enforce the air
standards. Within these requirements,
section 110(a)(2)(D)(i) contains
requirements to address interstate
transport of NAAQS pollutants. A SIP
revision submitted for this sub-section
is referred to as an ‘‘interstate transport
SIP.’’ In turn, section 110(a)(2)(D)(i)(I)
requires that such a plan contain
adequate provisions to prohibit
emissions from the state that will
contribute significantly to
nonattainment of the NAAQS in any
other state (‘‘prong 1’’) or interfere with
maintenance of the NAAQS in any other
state (‘‘prong 2’’). Section
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110(a)(2)(D(i)(II) requires that such a
plan contain adequate provisions to
prohibit emissions from the state that
will interfere with measures required of
any other state to prevent significant
deterioration of air quality (‘‘prong 3’’)
or that will interfere with measures
required of any other state to protect
visibility (‘‘prong 4’’). These are the
requirements relevant to this finding.
Pursuant to CAA section 110(k)(1)(B),
the EPA must determine no later than
six months after the date by which a
state is required to submit a SIP whether
a state has made a submission that
meets the minimum completeness
criteria established per section
110(k)(1)(A). The EPA refers to the
determination that a state has not
submitted a SIP submission that meets
the minimum completeness criteria as a
‘‘finding of failure to submit.’’ If the
EPA finds a state has failed to submit a
SIP to meet its statutory obligation to
address section 110(a)(2)(D)(i), pursuant
to section 110(c)(1) the EPA has not
only the authority, but the obligation, to
promulgate a FIP within two years to
address the CAA requirement. This
finding therefore starts a two-year clock
for promulgation by the EPA of a FIP,
in accordance with section 110(c)(1),
unless prior to such promulgation the
state submits, and the EPA approves, a
submittal to meet the requirements of
section 110(a)(2)(D)(i) for the 2012
annual PM2.5 NAAQS. The EPA will
work with the state subject to this
finding of failure to submit and provide
assistance as necessary to help the state
develop an approvable submittal in a
timely manner. The EPA notes this
action does not start a mandatory
sanctions clock pursuant to CAA section
179 because this finding of failure to
submit does not pertain to a part D plan
for nonattainment areas required under
section 110(a)(2)(I) or a SIP call
pursuant to section 110(k)(5).
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B. Background on the 2012 Annual
PM2.5 NAAQS
On December 14, 2012, the EPA
promulgated a revised primary annual
PM2.5 NAAQS to provide increased
protection of public health and welfare
from fine particle pollution.1 In that
action, the EPA revised the primary
annual PM2.5 standard, strengthening it
from 15.0 micrograms per cubic meter
(mg/m3) to 12.0 mg/m3, which is attained
when the three-year average of the
annual arithmetic means does not
exceed 12.0 mg/m3. Infrastructure SIPs
addressing the revised standard were
1 78
FR 3086; January 15, 2013.
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due on December 14, 2015. CAA
§ 110(a)(1).
III. Finding of Failure To Submit for
Massachusetts
To date, Massachusetts has not
submitted a good neighbor SIP for the
2012 annual PM2.5 NAAQS.
Accordingly, the EPA is issuing a
finding that Massachusetts has failed to
submit a SIP addressing the
requirements of section 110(a)(2)(D)(i) of
the CAA, 42 U.S.C. 7410(a)(2)(D)(i)
(prongs 1–4), for the 2012 annual PM2.5
NAAQS.
IV. Environmental Justice
Considerations
This notice is making a procedural
finding that Massachusetts has failed to
submit a SIP to address CAA section
110(a)(2)(D)(i) for the 2012 annual PM2.5
NAAQS. The EPA did not conduct an
environmental analysis for this rule,
because this rule would not directly
affect the air emissions from particular
sources. Because this rule will not
directly affect the air emissions from
particular sources, it does not affect the
level of protection provided to human
health or the environment. Therefore,
this action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review 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. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action, because it is
not a significant regulatory action under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
provisions of the PRA, 44 U.S.C. 3501
et seq. This final rule does not establish
any new information collection
requirement apart from what is already
required by law.
D. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA.
The RFA applies only to rules subject to
notice and comment rulemaking
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60871
requirements under the APA, 5 U.S.C.
553, or any other statute. This rule is not
subject to notice and comment
requirements, because the agency has
invoked the APA ‘‘good cause’’
exemption under 5 U.S.C. 553(b).
E. 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 implements
mandates specifically and explicitly set
forth in the CAA under section 110(a)
without the exercise of any policy
discretion by the EPA.
F. 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.
G. 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 responds to the
requirement in the CAA for states to
submit SIPs under section 110(a) to
address CAA section 110(a)(2)(D)(i) for
the 2012 annual PM2.5 NAAQS. No tribe
is subject to the requirement to submit
an implementation plan under section
110(a) within 3 years of promulgation of
a new or revised NAAQS. Thus,
Executive Order 13175 does not apply
to this action.
H. 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
environmental 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 does not concern an
environmental health risk or safety risk.
I. 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.
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Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations
J. National Technology Transfer and
Advancement Act
ENVIRONMENTAL PROTECTION
AGENCY
This rulemaking does not involve
technical standards.
40 CFR Part 62
[EPA–R03–OAR–2017–0509; FRL–9972–52–
Region 3]
K. 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, because it does not affect
the level of protection provided to
human health or the environment. The
EPA’s evaluation of environmental
justice considerations is contained in
section IV of this notice.
L. 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).
M. Petitions for Judicial Review
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 February 26, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Interstate transport, Particulate matter,
Reporting and recordkeeping
requirements.
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Authority: 42 U.S.C. 7401 et seq.
Dated: December 11, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2017–27625 Filed 12–22–17; 8:45 am]
BILLING CODE 6560–50–P
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Full Withdrawal of Approval and
Promulgation of State Air Quality Plans
for Designated Facilities and
Pollutants; City of Philadelphia;
Control of Emissions From Existing
Sewage Sludge Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, the Environmental
Protection Agency (EPA) is withdrawing
the October 26, 2017 direct final rule
(DFR) that approved a negative
declaration submitted by the City of
Philadelphia. The negative declaration
certified that no existing sewage sludge
incineration (SSI) units exist within the
City of Philadelphia. EPA stated in the
direct final rule that if EPA received
adverse comments by November 27,
2017, the rule would be withdrawn and
not take effect. EPA subsequently
received an adverse comment. This
withdrawal action is being taken under
sections 129 and 111(d) of the Clean Air
Act.
DATES: The direct final rule published at
82 FR 49511 on October 26, 2017, is
withdrawn effective December 26, 2017.
ADDRESSES: EPA has established docket
number EPA–R03–OAR–2017–0509 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at Air Protection Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Mr.
Mike Gordon, (215) 814–2039, or by
email at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
Philadelphia Air Management Services
submitted a negative declaration letter
to EPA certifying on March 28, 2012
that there are no SSI units subject to the
requirements of sections 111(d) and 129
of the CAA in its respective air
pollution control jurisdiction. The
negative declaration letter and EPA’s
technical support document for this
action are available in the docket for
this rulemaking and available online at
www.regulations.gov.
Please see additional information
provided in the direct final action
published in the Federal Register on
October 26, 2017 (82 FR 49511) and in
SUMMARY:
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the companion proposed rule which
was also published on October 26, 2017
(82 FR 49563). In the DFR, we stated
that if we received adverse comment by
November 27, 2017, the rule would be
withdrawn and not take effect. EPA
subsequently received an adverse
comment. EPA will address the
comment received in a subsequent final
action based upon the proposed action
also published on October 26, 2017.
EPA will not institute a second
comment period on this action. As a
result of the comment received, EPA is
withdrawing the direct final rule
approving the negative declaration
submitted by the City of Philadelphia
for existing SSI units.
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements, Waste treatment and
disposal.
Dated: December 15, 2017.
Cosmo Servidio
Regional Administrator, Region III.
Accordingly, the amendments to 40
CFR 62.9665, published on October 26,
2017 (82 FR 49511), are withdrawn
effective December 26, 2017.
■
[FR Doc. 2017–27795 Filed 12–22–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2017–0484; FRL–9972–55Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Continuous Opacity
Monitoring Requirements for Municipal
Waste Combustors; Withdrawal of
Direct Final Rule
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, the Environmental
Protection Agency (EPA) is withdrawing
the November 6, 2017 direct final rule
(DFR) that approved revisions to the
State of Maryland’s Clean Air Act (CAA)
section 111(d)/129 State Plan for
municipal waste combustors (MWCs).
The revisions contain Maryland’s
amendments to Regulations .07 and .08
under the Code of Maryland Regulations
(COMAR) 26.11.08. This withdrawal
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60870-60872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27625]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0695, FRL-9972-39-Region 1]
Finding of Failure To Submit a Section 110 State Implementation
Plan for Interstate Transport for the 2012 Annual National Ambient Air
Quality Standards for Fine Particles; Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action finding that Massachusetts failed to submit an infrastructure
State Implementation Plan (SIP) to satisfy certain interstate transport
requirements of the Clean Air Act (CAA) with respect to the 2012 annual
fine particles (PM2.5) national ambient air quality standard
(NAAQS). Specifically, these requirements pertain to significant
contribution to nonattainment, or interference with maintenance, of the
2012 annual PM2.5 NAAQS in other states. This finding of
failure to submit establishes a 2-year deadline for the EPA to
promulgate a Federal Implementation Plan (FIP) to address the
interstate transport SIP requirements pertaining to significant
contribution to nonattainment, interference with maintenance,
interference with Prevention of Significant Deterioration, and
interference with visibility protection, unless, prior to the EPA
promulgating a FIP, the state submits, and the EPA approves, a SIP that
meets these requirements.
DATES: This final rule is effective on January 25, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R01-OAR-2017-0695. All documents in the dockets are
listed on https://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available at https://www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post
Office Square--Suite 100, Boston, MA. The EPA requests that if at all
possible, you contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Environmental
Scientist, Air Quality Planning Unit, Air Programs Branch (Mail Code
OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post
Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-
1684; [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Notice and Comment Under the Administrative Procedures 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 procedure 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 rule final without prior proposal and opportunity for
comment because no significant EPA judgment is involved in making a
finding of failure to submit SIPs, or elements of SIPs, required by the
CAA, where states have made no submissions or incomplete submissions,
to meet the requirement. Thus, notice and public procedure are
unnecessary. The EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(3)(B).
B. How is the Preamble Organized?
Table of Contents
I. General Information
II. Background and Overview
A. Interstate Transport SIPs
B. Background on the 2012 Annual PM2.5 NAAQS
III. Finding of Failure To Submit for Massachusetts
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
II. Background and Overview
A. Interstate Transport SIPs
CAA section 110(a) imposes an obligation upon states to submit SIPs
that provide for the implementation, maintenance and enforcement of a
new or revised NAAQS within three years following the promulgation of
that NAAQS. Section 110(a)(2) lists specific requirements that states
must meet in these SIP submissions, as applicable. The EPA refers to
this type of SIP submission as the ``infrastructure'' SIP because it
ensures that states can implement, maintain and enforce the air
standards. Within these requirements, section 110(a)(2)(D)(i) contains
requirements to address interstate transport of NAAQS pollutants. A SIP
revision submitted for this sub-section is referred to as an
``interstate transport SIP.'' In turn, section 110(a)(2)(D)(i)(I)
requires that such a plan contain adequate provisions to prohibit
emissions from the state that will contribute significantly to
nonattainment of the NAAQS in any other state (``prong 1'') or
interfere with maintenance of the NAAQS in any other state (``prong
2''). Section
[[Page 60871]]
110(a)(2)(D(i)(II) requires that such a plan contain adequate
provisions to prohibit emissions from the state that will interfere
with measures required of any other state to prevent significant
deterioration of air quality (``prong 3'') or that will interfere with
measures required of any other state to protect visibility (``prong
4''). These are the requirements relevant to this finding.
Pursuant to CAA section 110(k)(1)(B), the EPA must determine no
later than six months after the date by which a state is required to
submit a SIP whether a state has made a submission that meets the
minimum completeness criteria established per section 110(k)(1)(A). The
EPA refers to the determination that a state has not submitted a SIP
submission that meets the minimum completeness criteria as a ``finding
of failure to submit.'' If the EPA finds a state has failed to submit a
SIP to meet its statutory obligation to address section
110(a)(2)(D)(i), pursuant to section 110(c)(1) the EPA has not only the
authority, but the obligation, to promulgate a FIP within two years to
address the CAA requirement. This finding therefore starts a two-year
clock for promulgation by the EPA of a FIP, in accordance with section
110(c)(1), unless prior to such promulgation the state submits, and the
EPA approves, a submittal to meet the requirements of section
110(a)(2)(D)(i) for the 2012 annual PM2.5 NAAQS. The EPA
will work with the state subject to this finding of failure to submit
and provide assistance as necessary to help the state develop an
approvable submittal in a timely manner. The EPA notes this action does
not start a mandatory sanctions clock pursuant to CAA section 179
because this finding of failure to submit does not pertain to a part D
plan for nonattainment areas required under section 110(a)(2)(I) or a
SIP call pursuant to section 110(k)(5).
B. Background on the 2012 Annual PM2.5 NAAQS
On December 14, 2012, the EPA promulgated a revised primary annual
PM2.5 NAAQS to provide increased protection of public health
and welfare from fine particle pollution.\1\ In that action, the EPA
revised the primary annual PM2.5 standard, strengthening it
from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\,
which is attained when the three-year average of the annual arithmetic
means does not exceed 12.0 [mu]g/m\3\. Infrastructure SIPs addressing
the revised standard were due on December 14, 2015. CAA Sec.
110(a)(1).
---------------------------------------------------------------------------
\1\ 78 FR 3086; January 15, 2013.
---------------------------------------------------------------------------
III. Finding of Failure To Submit for Massachusetts
To date, Massachusetts has not submitted a good neighbor SIP for
the 2012 annual PM2.5 NAAQS. Accordingly, the EPA is issuing
a finding that Massachusetts has failed to submit a SIP addressing the
requirements of section 110(a)(2)(D)(i) of the CAA, 42 U.S.C.
7410(a)(2)(D)(i) (prongs 1-4), for the 2012 annual PM2.5
NAAQS.
IV. Environmental Justice Considerations
This notice is making a procedural finding that Massachusetts has
failed to submit a SIP to address CAA section 110(a)(2)(D)(i) for the
2012 annual PM2.5 NAAQS. The EPA did not conduct an
environmental analysis for this rule, because this rule would not
directly affect the air emissions from particular sources. Because this
rule will not directly affect the air emissions from particular
sources, it does not affect the level of protection provided to human
health or the environment. Therefore, this action will not have
potential disproportionately high and adverse human health or
environmental effects on minority, low-income or indigenous
populations.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review 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. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action,
because it is not a significant regulatory action under Executive Order
12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the PRA, 44 U.S.C. 3501 et seq. This final rule does
not establish any new information collection requirement apart from
what is already required by law.
D. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
APA, 5 U.S.C. 553, or any other statute. This rule is not subject to
notice and comment requirements, because the agency has invoked the APA
``good cause'' exemption under 5 U.S.C. 553(b).
E. 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 implements mandates specifically and
explicitly set forth in the CAA under section 110(a) without the
exercise of any policy discretion by the EPA.
F. 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.
G. 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 responds to the requirement in the CAA
for states to submit SIPs under section 110(a) to address CAA section
110(a)(2)(D)(i) for the 2012 annual PM2.5 NAAQS. No tribe is
subject to the requirement to submit an implementation plan under
section 110(a) within 3 years of promulgation of a new or revised
NAAQS. Thus, Executive Order 13175 does not apply to this action.
H. 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 environmental 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 does not concern an environmental
health risk or safety risk.
I. 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.
[[Page 60872]]
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
K. 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, because it does not affect the level of
protection provided to human health or the environment. The EPA's
evaluation of environmental justice considerations is contained in
section IV of this notice.
L. 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).
M. Petitions for Judicial Review
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 February 26, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Interstate transport,
Particulate matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 11, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-27625 Filed 12-22-17; 8:45 am]
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