Determination To Defer Sanctions; Arizona Department of Environmental Quality; PM2.5, 1195-1197 [2018-00030]
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Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations
opening an additional comment period.
At a later date, the Agency may finalize
action on these two regulations based on
the July 18, 2017 propose rule and
respond to the comments in the final
action. All other North Carolina
regulations that were the subject of the
July 18, 2017 direct final rule are not
affected by this removal and were
incorporated by reference into the SIP as
of September 18, 2017, the effective date
of the direct final rule (82 FR 32767).
List of Subjects in 40 CFR Part 52
Authority: 42 U.S.C. 7401 et seq.
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart II—North Carolina
2. In section 52.1770(c), Table 1,
under the heading ‘‘Subchapter 2Q—Air
Quality Permits,’’ under the heading
‘‘Section .0800 Exclusionary Rules,’’ is
amended by:
■ a. Revising the entry for ‘‘Sect. .0808’’;
and
■ b. Removing the entry for ‘‘Sect.
.0810’’
The revision reads as follows:
■
Dated: December 22, 2017.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1770
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED NORTH CAROLINA REGULATIONS
State citation
*
State
effective
date
Title/subject
*
*
EPA approval date
*
Explanation
*
*
*
*
*
*
*
*
*
*
Subchapter 2Q—Air Quality Permits
*
*
*
*
Section .0800 Exclusionary Rules
*
*
*
Sect. .0808 ............................. Peak Shaving Generators ......
*
*
*
[FR Doc. 2018–00028 Filed 1–9–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0255; FRL–9972–78–
Region 9]
Determination To Defer Sanctions;
Arizona Department of Environmental
Quality; PM2.5
Environmental Protection
Agency (EPA).
ACTION: Interim final determination.
AGENCY:
The Environmental Protection
Agency (EPA) is making an interim final
determination that the State of Arizona
has corrected a deficiency in its Clean
Air Act (CAA or Act) state
implementation plan (SIP) provisions
concerning air permitting. Specifically,
based on a proposed conditional
approval published elsewhere in this
Federal Register, and based on a prior
proposed approval, previously
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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*
7/1/1999
Jkt 244001
*
*
10/22/2002, 67 FR 64989.
*
published in the Federal Register, EPA
is making an interim final determination
that the State of Arizona (State) has
satisfied the requirements of part D of
the CAA permitting program for areas
under the jurisdiction of the Arizona
Department of Environmental Quality
(ADEQ) with respect to fine particular
matter (PM2.5) precursors. The effect of
this interim final determination that the
State has corrected the deficiency in the
permitting program is that the
imposition of sanctions that were
triggered by a previous limited
disapproval action by EPA in 2016 is
now deferred. If the State meets its
commitment that is the basis for the
conditional approval, relief from these
sanctions will become permanent upon
the EPA’s full approval of the State
submission. If the EPA determines that
the State has not met its commitment
and the conditional approval is
converted to a disapproval, these
sanctions will no longer be deferred.
DATES: This interim final determination
is effective on January 10, 2018.
However, comments will be accepted
until February 9, 2018.
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Submit comments,
identified by Docket ID No. EPA–R09–
OAR–2017–0255, at https://
www.regulations.gov, or via email to
R9airpermits@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
ADDRESSES:
E:\FR\FM\10JAR1.SGM
10JAR1
1196
Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations
section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Lisa
Beckham, EPA Region 9, (415) 972–
3811, beckham.lisa@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
FURTHER INFORMATION CONTACT
Table of Contents
jstallworth on DSKBBY8HB2PROD with RULES
I. Background
II. EPA Action
III. Statutory and Executive Order Reviews
I. Background
On June 22, 2016 (81 FR 40525), the
EPA finalized a limited disapproval of
ADEQ’s nonattainment New Source
Review (NA–NSR) program because it
did not fully address fine PM2.5
precursors as required by section 189(e)
of the Act (referred to hereinafter as
‘‘our 2016 PM2.5 precursor action’’). Our
2016 PM2.5 precursor action was a final
limited disapproval action under title I,
part D of the Act, relating to
requirements for PM2.5 precursors in
nonattainment areas. Pursuant to
section 179 of the CAA and our
regulations at 40 CFR 52.31, this action
under title I, part D started a sanctions
clock for imposition of offset sanctions
18 months after the action’s effective
date of July 22, 2016, and highway
sanctions 6 months following
imposition of the offset sanctions.
On March 21, 2017, ADEQ revised its
New Source Review (NSR) permitting
program rules and on April 28, 2017,
ADEQ submitted revised NSR
permitting rules to the EPA for approval
into the Arizona SIP (April 2017 NSR
submittal), including rules intended to
address the limited disapproval issue
under title I, part D that we identified
in our 2016 PM2.5 precursor action. On
June 1, 2017, we proposed approval of
the April 2017 NSR submittal, based in
part on a finding that the submittal
addressed most of the deficiencies with
ADEQ’s NA–NSR program identified in
our 2016 PM2.5 precursor action. See 82
FR 25213, 25219 (June 1, 2017); May
2017 Technical Support Document
(TSD) supporting our June 1, 2017
proposed rule action at 21–22.
To address the remaining deficiency
identified by the EPA in our 2016 PM2.5
precursor action, which pertains to a
particular requirement regarding the
regulation of ammonia as a PM2.5
precursor, in a letter dated December 6,
2017, ADEQ committed to adopt
revisions to provisions in ADEQ Rule
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15:18 Jan 09, 2018
Jkt 244001
R18–2–101 and/or make other specific
demonstrations to satisfy the
requirements of CAA section 189(e) and
related EPA regulations governing
ammonia as a precursor to PM2.5 under
the NA–NSR program. The State
committed to make such submissions
and demonstrations no later than March
31, 2019, or within one year from the
date on which the EPA takes final action
on the April 2017 NSR submittal,
whichever is earlier. See Letter from
Timothy S. Franquist, Director, Air
Quality Division, ADEQ to Alexis
Strauss, Acting Regional Administrator,
EPA Region 9, dated Dec. 6, 2017. In the
Proposed Rules section of this Federal
Register, we have proposed conditional
approval of ADEQ’s April 2017 NSR
submittal with respect to the remaining
deficiency identified in our 2016 PM2.5
precursor action concerning ammonia as
a PM2.5 precursor under section 189(e)
of the Act.
II. EPA Action
Based on the proposed conditional
approval action and our June 1, 2017
proposed approval action, pursuant to
40 CFR 52.31(d)(2), we are issuing this
interim final determination, effective on
publication, determining that ADEQ’s
revised plan corrects the deficiencies
that triggered the sanctions clock. The
effect of this action is to defer
imposition of the offset sanctions and
highway sanctions that were triggered
by our 2016 limited disapproval of
ADEQ’s NA–NSR permitting program
with respect to PM2.5 precursors.
The EPA is providing the public with
an opportunity to comment on this
interim final determination that the
deficiency has been corrected and the
resultant deferral of sanctions. If
comments are submitted that change our
assessment described in this interim
final determination and/or the proposed
conditional approval of ADEQ’s April
2017 NSR submittal with respect to the
title I, part D deficiencies identified in
our 2016 PM2.5 precursor action, we
would take final action to lift this
deferral of sanctions under 40 CFR
52.31. If no comments are submitted
that change our assessment, then all
sanctions and any sanction clocks
triggered by our 2016 PM2.5 precursor
action would be deferred unless and
until (1) the EPA proposes or takes final
action to disapprove the April 2017 NSR
submittal with respect to the
deficiencies identified in our 2016 PM2.5
precursor action, (2) the conditional
approval converts to a disapproval, or
(3) the EPA determines through a
finding of failure to submit or through
a proposed or final action disapproving
in whole or in part the SIP submittal
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Fmt 4700
Sfmt 4700
that ADEQ is required to submit to
fulfill its commitment in the
conditionally approved plan in
accordance with ADEQ’s December 6,
2017 letter. Sanctions and sanctions
clocks triggered by our 2016 PM2.5
precursor action would be permanently
terminated on the effective date of a
final approval of the SIP submittal that
ADEQ submits to fulfill the commitment
in the conditionally approved plan.
Because the EPA has preliminarily
determined that ADEQ’s April 2017
NSR submittal and December 6, 2017
commitment letter address the
deficiencies under part D of title I of the
CAA for PM2.5 precursors identified in
our 2016 PM2.5 precursor 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 a chance 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 submittal and, through our
proposed actions, is indicating that it is
more likely than not that the State has
submitted a revision to the SIP that
corrects deficiencies under part D of the
Act that were the basis for the action
that started the sanctions clocks.
Therefore, it is not in the public interest
to impose sanctions. 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 notice is to relieve a
restriction (5 U.S.C. 553(d)(1)).
III. Statutory and Executive Order
Reviews
This action defers sanctions and
imposes no additional requirements.
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.
E:\FR\FM\10JAR1.SGM
10JAR1
Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because this
action is not significant under Executive
Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. This action defers sanctions and
imposes no new requirements.
D. Regulatory Flexibility Act (RFA)
I certify that this action 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. This action defers sanctions
and imposes no new requirements.
E. Unfunded Mandates Reform Act
(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.
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
jstallworth on DSKBBY8HB2PROD with RULES
This action does not have tribal
implications as specified in Executive
Order 13175. This action defers
sanctions and imposes no new
requirements. In addition, this action
VerDate Sep<11>2014
15:18 Jan 09, 2018
Jkt 244001
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. Thus, Executive Order
13175 does not apply to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks 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.
J. National Technology Transfer and
Advancement Act
This action 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 that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. This action
defers sanctions in accordance with
CAA regulatory provisions and imposes
no additional requirements.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
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Sfmt 9990
1197
each House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this
action as discussed in section II of this
preamble, including the basis for that
finding.
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 March 12, 2018. Filing a
petition for reconsideration by the EPA
Administrator of this interim final
determination does not affect the
finality of this action 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 CAA
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 20, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018–00030 Filed 1–9–18; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\10JAR1.SGM
10JAR1
Agencies
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1195-1197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00030]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0255; FRL-9972-78-Region 9]
Determination To Defer Sanctions; Arizona Department of
Environmental Quality; PM2.5
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination that the State of Arizona has corrected a
deficiency in its Clean Air Act (CAA or Act) state implementation plan
(SIP) provisions concerning air permitting. Specifically, based on a
proposed conditional approval published elsewhere in this Federal
Register, and based on a prior proposed approval, previously published
in the Federal Register, EPA is making an interim final determination
that the State of Arizona (State) has satisfied the requirements of
part D of the CAA permitting program for areas under the jurisdiction
of the Arizona Department of Environmental Quality (ADEQ) with respect
to fine particular matter (PM2.5) precursors. The effect of
this interim final determination that the State has corrected the
deficiency in the permitting program is that the imposition of
sanctions that were triggered by a previous limited disapproval action
by EPA in 2016 is now deferred. If the State meets its commitment that
is the basis for the conditional approval, relief from these sanctions
will become permanent upon the EPA's full approval of the State
submission. If the EPA determines that the State has not met its
commitment and the conditional approval is converted to a disapproval,
these sanctions will no longer be deferred.
DATES: This interim final determination is effective on January 10,
2018. However, comments will be accepted until February 9, 2018.
ADDRESSES: Submit comments, identified by Docket ID No. EPA-R09-OAR-
2017-0255, at https://www.regulations.gov, or via email to
[email protected]. 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
[[Page 1196]]
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://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9, (415) 972-
3811, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.
Table of Contents
I. Background
II. EPA Action
III. Statutory and Executive Order Reviews
I. Background
On June 22, 2016 (81 FR 40525), the EPA finalized a limited
disapproval of ADEQ's nonattainment New Source Review (NA-NSR) program
because it did not fully address fine PM2.5 precursors as
required by section 189(e) of the Act (referred to hereinafter as ``our
2016 PM2.5 precursor action''). Our 2016 PM2.5
precursor action was a final limited disapproval action under title I,
part D of the Act, relating to requirements for PM2.5
precursors in nonattainment areas. Pursuant to section 179 of the CAA
and our regulations at 40 CFR 52.31, this action under title I, part D
started a sanctions clock for imposition of offset sanctions 18 months
after the action's effective date of July 22, 2016, and highway
sanctions 6 months following imposition of the offset sanctions.
On March 21, 2017, ADEQ revised its New Source Review (NSR)
permitting program rules and on April 28, 2017, ADEQ submitted revised
NSR permitting rules to the EPA for approval into the Arizona SIP
(April 2017 NSR submittal), including rules intended to address the
limited disapproval issue under title I, part D that we identified in
our 2016 PM2.5 precursor action. On June 1, 2017, we
proposed approval of the April 2017 NSR submittal, based in part on a
finding that the submittal addressed most of the deficiencies with
ADEQ's NA-NSR program identified in our 2016 PM2.5 precursor
action. See 82 FR 25213, 25219 (June 1, 2017); May 2017 Technical
Support Document (TSD) supporting our June 1, 2017 proposed rule action
at 21-22.
To address the remaining deficiency identified by the EPA in our
2016 PM2.5 precursor action, which pertains to a particular
requirement regarding the regulation of ammonia as a PM2.5
precursor, in a letter dated December 6, 2017, ADEQ committed to adopt
revisions to provisions in ADEQ Rule R18-2-101 and/or make other
specific demonstrations to satisfy the requirements of CAA section
189(e) and related EPA regulations governing ammonia as a precursor to
PM2.5 under the NA-NSR program. The State committed to make
such submissions and demonstrations no later than March 31, 2019, or
within one year from the date on which the EPA takes final action on
the April 2017 NSR submittal, whichever is earlier. See Letter from
Timothy S. Franquist, Director, Air Quality Division, ADEQ to Alexis
Strauss, Acting Regional Administrator, EPA Region 9, dated Dec. 6,
2017. In the Proposed Rules section of this Federal Register, we have
proposed conditional approval of ADEQ's April 2017 NSR submittal with
respect to the remaining deficiency identified in our 2016
PM2.5 precursor action concerning ammonia as a
PM2.5 precursor under section 189(e) of the Act.
II. EPA Action
Based on the proposed conditional approval action and our June 1,
2017 proposed approval action, pursuant to 40 CFR 52.31(d)(2), we are
issuing this interim final determination, effective on publication,
determining that ADEQ's revised plan corrects the deficiencies that
triggered the sanctions clock. The effect of this action is to defer
imposition of the offset sanctions and highway sanctions that were
triggered by our 2016 limited disapproval of ADEQ's NA-NSR permitting
program with respect to PM2.5 precursors.
The EPA is providing the public with an opportunity to comment on
this interim final determination that the deficiency has been corrected
and the resultant deferral of sanctions. If comments are submitted that
change our assessment described in this interim final determination
and/or the proposed conditional approval of ADEQ's April 2017 NSR
submittal with respect to the title I, part D deficiencies identified
in our 2016 PM2.5 precursor action, we would take final
action to lift this deferral of sanctions under 40 CFR 52.31. If no
comments are submitted that change our assessment, then all sanctions
and any sanction clocks triggered by our 2016 PM2.5
precursor action would be deferred unless and until (1) the EPA
proposes or takes final action to disapprove the April 2017 NSR
submittal with respect to the deficiencies identified in our 2016
PM2.5 precursor action, (2) the conditional approval
converts to a disapproval, or (3) the EPA determines through a finding
of failure to submit or through a proposed or final action disapproving
in whole or in part the SIP submittal that ADEQ is required to submit
to fulfill its commitment in the conditionally approved plan in
accordance with ADEQ's December 6, 2017 letter. Sanctions and sanctions
clocks triggered by our 2016 PM2.5 precursor action would be
permanently terminated on the effective date of a final approval of the
SIP submittal that ADEQ submits to fulfill the commitment in the
conditionally approved plan.
Because the EPA has preliminarily determined that ADEQ's April 2017
NSR submittal and December 6, 2017 commitment letter address the
deficiencies under part D of title I of the CAA for PM2.5
precursors identified in our 2016 PM2.5 precursor 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 a chance 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 submittal and,
through our proposed actions, is indicating that it is more likely than
not that the State has submitted a revision to the SIP that corrects
deficiencies under part D of the Act that were the basis for the action
that started the sanctions clocks. Therefore, it is not in the public
interest to impose sanctions. 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
notice is to relieve a restriction (5 U.S.C. 553(d)(1)).
III. Statutory and Executive Order Reviews
This action defers sanctions and imposes no additional
requirements.
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.
[[Page 1197]]
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action defers sanctions and imposes no new requirements.
D. Regulatory Flexibility Act (RFA)
I certify that this action 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. This action
defers sanctions and imposes no new requirements.
E. Unfunded Mandates Reform Act (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.
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 action defers sanctions and imposes no new
requirements. In addition, this action 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. Thus, Executive Order
13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks 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.
J. National Technology Transfer and Advancement Act
This action 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 that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This action defers sanctions
in accordance with CAA regulatory provisions and imposes no additional
requirements.
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. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this action as
discussed in section II of this preamble, including the basis for that
finding.
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 March 12, 2018. Filing a petition for
reconsideration by the EPA Administrator of this interim final
determination does not affect the finality of this action 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 CAA section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 20, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-00030 Filed 1-9-18; 8:45 am]
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