Findings of Failure To Submit State Implementation Plan Submissions for the 2012 Fine Particulate Matter National Ambient Air Quality Standards (NAAQS), 14759-14762 [2018-06989]
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Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations
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ENVIRONMENTAL PROTECTION
AGENCY
area(s). In addition, EPA is obligated to
promulgate a federal implementation
plan (FIP) to address any outstanding
SIP requirements, if a state does not
submit, and EPA does not approve, a
state’s submission within 24 months of
the effective date of these findings.
40 CFR Part 52
DATES:
[EPA–HQ–OAR–2018–0135; FRL–9976–35–
OAR]
ADDRESSES:
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[FR Doc. 2018–06846 Filed 4–5–18; 8:45 am]
BILLING CODE 6560–50–P
The effective date of this action
is May 7, 2018.
Findings of Failure To Submit State
Implementation Plan Submissions for
the 2012 Fine Particulate Matter
National Ambient Air Quality
Standards (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is taking final
action to find that three states have
failed to submit timely revisions to their
state implementation plans (SIPs) as
required to satisfy certain requirements
under the Clean Air Act (CAA) for
implementation of the annual 2012 Fine
Particulate Matter National Ambient Air
Quality Standards (2012 PM2.5 NAAQS).
These findings of failure to submit
apply to states with overdue SIP
revisions (or attainment plans) for
certain areas initially designated as
nonattainment and classified as
Moderate for the 2012 PM2.5 NAAQS on
April 15, 2015. The SIP revisions to
address all applicable Moderate area
attainment plan requirements for these
areas were due on October 15, 2016. If
a state does not make the required
complete SIP submission within 18
months of the effective date of these
findings, the CAA requires the
imposition of sanctions for the affected
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SUMMARY:
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EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2018–0135. All
documents in the docket are listed and
publicly available at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, i.e., Confidential
Business Information 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 either
electronically at https://
www.regulations.gov or in hard copy at
the EPA Docket Center (EPA/DC), EPA
WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Office
of Air and Radiation Docket and
Information Center is (202) 566–1742.
Mr.
Patrick Lessard, U.S. Environmental
Protection Agency, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, Mail Code: C539–01,
109 T.W. Alexander Drive, Research
Triangle Park, NC 27711; by telephone
FOR FURTHER INFORMATION CONTACT:
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(919) 541–5383; or by email at
lessard.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Notice and Comment Under the
Administrative Procedure Act (APA)
Section 553 of the APA, 5 U.S.C.
553(b)(e)(B), provides that, when an
agency for good cause finds that notice
and public procedures are
impracticable, unnecessary or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
EPA has determined that there is good
cause for making this final agency
action without prior proposal and
opportunity for comment because no
significant EPA judgment is involved in
making findings of failure to submit
SIPs, or elements of SIPs. Rather, the
findings are required by the CAA where
states have made no submissions to
meet the SIP requirements, or where
EPA has separately determined that they
made incomplete submissions. Thus,
notice and public comment procedures
are unnecessary. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
B. How can I get copies of this document
and other related information?
In addition to being available in the
docket, an electronic copy of this action
will be posted at https://www.epa.gov/
pm-pollution/implementation-nationalambient-air-quality-standards-naaqsfine-particulate-matter.
C. Where do I go if I have a specific state
question?
For questions related to specific states
mentioned in this notice, please contact
the appropriate EPA Regional office:
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Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations
Regional offices
States
Susan Spielberger, Associate Director, Office of Air Program Planning, Mailcode 3AP30, (215) 814–5356 or Gerallyn Duke,
Acting Associate Director, Office of Permits and State Programs, Mailcode 3AP10, Region 3, 1650 Arch Street, Philadelphia,
PA 19103, (215) 814–2084.
Doris Lo, Chief, Rulemaking Office, Mailcode AIR–4, (415) 972–3959 or Laura Lawrence, Acting Chief, Planning Office,
Mailcode AIR–4, Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972–3407.
Gina Bonifacino, Acting Unit Manager, Air Planning Unit, Mailcode AWT–50, Office of Air and Waste, 1200 6th Avenue, Suite
900, Seattle, WA 98101, (206) 553–2970.
Pennsylvania.
D. How is the preamble organized?
Table of Contents
I. General Information
A. Notice and Comment Under the
Administrative Procedure Act (APA)
B. How can I get copies of this document
and other related information?
C. Where do I go if I have a specific state
question?
D. How is the preamble organized?
II. Background
III. Consequences of Findings of Failure To
Submit
IV. Findings of Failure to Submit for States
that Failed To Make a Moderate
Nonattainment Area SIP Submission
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Executive Order 13563:
Improving Regulation and Regulatory
Review
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act of 1995
(UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
J. National Technology Transfer and
Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
M. Judicial Review
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II. Background
Airborne particulate matter (PM) can
be composed of a complex mixture of
particles in both solid and liquid form.
Particulate matter can be of different
sizes, commonly referred to as ‘‘coarse’’
and ‘‘fine’’ particles. Fine particles, in
general terms, are PM with an
aerodynamic diameter less than or equal
to a nominal 2.5 micrometers (mm). For
this reason, particles of this size are
referred to as PM2.5.
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EPA first promulgated annual and 24hour NAAQS for PM2.5 in July 1997 1
and then revised the 24-hour PM2.5
NAAQS in October 2006.2 Most
recently, on December 14, 2012, EPA
revised the primary annual PM2.5
standard by lowering the level from 15.0
to 12.0 micrograms per cubic meter of
air (mg/m3) to provide increased
protection against health effects
associated with long- and short-term
PM2.5 exposures. EPA did not revise the
secondary annual PM2.5 standard, which
remains at 15.0 mg/m3.3 In addition,
EPA retained the level and form of the
primary and secondary 24-hour PM2.5
standards to continue to provide
supplemental protection against health
and welfare effects associated with
short-term PM2.5 exposures.
Promulgation of a revised NAAQS
triggers a requirement for EPA to
designate areas of the country as
nonattainment, attainment, or
unclassifiable for the standards. As
prescribed by CAA section 188(a), areas
designated as nonattainment for a PM2.5
NAAQS are initially classified as
Moderate. Designations and initial
classifications for 14 areas in six states
as Moderate nonattainment for the 2012
PM2.5 NAAQS became effective on April
15, 2015.4
Nonattainment areas for PM2.5 are
subject to the general nonattainment
area planning requirements of CAA
section 172 and to the PM-specific
planning requirements of CAA sections
188–189. On August 24, 2016, EPA
established a final implementation rule
(PM2.5 SIP Requirements Rule) 5
outlining the attainment planning and
control requirements for current and
future PM2.5 NAAQS. Accordingly to
that rule, Moderate area PM2.5 SIP
submissions shall include base year
emissions inventory requirements, an
attainment projected emissions
inventory, a control strategy including
reasonably available control measures
1 62
FR 38652 (July 18, 1997).
FR 61143 (October 17, 2006).
3 78 FR 3086 (January 15, 2013).
4 80 FR 2206 (January 15, 2015).
5 Fine Particulate Matter National Ambient Air
Quality Standards: State Implementation Plan
Requirements; final rule; 81 FR 58009 (August 24,
2016).
2 71
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California.
Idaho.
and reasonably available control
technology (RACM/RACT), an
attainment demonstration with air
quality modeling, a reasonable further
progress (RFP) demonstration,
quantitative milestones, contingency
measures, and a nonattainment new
source review (NNSR) program.6 The
PM2.5 SIP Requirements Rule also
established the due date for Moderate
area PM2.5 SIP submissions as no later
than 18 months from the effective date
of area designations.7 Accordingly, the
areas designated as nonattainment for
the 2012 PM2.5 NAAQS (with an
effective date of April 15, 2015) were
required to submit Moderate area
attainment plans to EPA no later than
October 15, 2016.
III. Consequences of Findings of Failure
To Submit
For plan requirements under part D,
title I of the CAA, such as those for
PM2.5 nonattainment areas, if EPA finds
that a state has failed to make the
required complete SIP submission, then
CAA section 179 establishes specific
consequences, including the eventual
imposition of mandatory sanctions for
the affected area(s). Additionally, such a
finding triggers an obligation under
CAA section 110(c) for EPA to
promulgate a FIP no later than 2 years
from the effective date of the finding, if
the affected state has not submitted, and
EPA has not approved, the required SIP
submission.
If EPA has not affirmatively
determined that a state has submitted a
complete SIP addressing the deficiency
that is the basis for these findings
within 18 months of the effective date
of this rulemaking, or the submission
has not become complete by operation
of law 6 months after submission, then,
pursuant to CAA section 179(a) and (b)
and 40 CFR 52.31, the emissions offset
sanction identified in CAA section
179(b)(2) will apply in the affected
nonattainment area. If EPA has not
affirmatively determined that the state
has submitted a complete SIP
addressing the deficiencies that are the
basis for these findings within 6 months
6 40
7 40
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CFR 51.1003(a)(2).
CFR 51.1003(a)(1).
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after the offset sanction is imposed, or
the submission has not become
complete by operation of law 6 months
after submission, then the highway
funding sanction will apply in the
affected nonattainment area, in
accordance with CAA section 179(b)(1)
and 40 CFR 52.31. The state must make
the required SIP submission and EPA
must take final action to approve the
submission within 2 years of the
effective date of these findings;
otherwise, EPA is required to
promulgate a FIP to address the relevant
requirements. This is required pursuant
to CAA section 110(c) for the affected
nonattainment area.
14761
IV. Findings of Failure To Submit for
States That Failed To Make a Moderate
Nonattainment Area SIP Submission
In this action, EPA is finding that the
states listed in Table 1 have failed to
submit specific Moderate area SIP
elements for the 2012 PM2.5 NAAQS
required under subpart 4 of part D of
title I of the CAA.
TABLE 1—FINDINGS OF FAILURE TO SUBMIT CERTAIN REQUIRED SIP ELEMENTS FOR
2012 PM2.5 NAAQS MODERATE NONATTAINMENT AREAS
Region
State
Area name
Required SIP elements
3 ...................................
PA ...............................
Allegheny County .............................................
3 ...................................
3 ...................................
9 ...................................
PA ...............................
PA ...............................
CA ...............................
Delaware County .............................................
Lebanon County ...............................................
Imperial County ................................................
10 .................................
ID ................................
West Silver Valley ............................................
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Emissions inventory;
Control strategy, including RACM/RACT;
Attainment demonstration;
RFP;
Quantitative milestones; and
Contingency measures;
NNSR program.
NNSR program.
NNSR program.
Emissions inventory;
Control strategy, including RACM/RACT;
Attainment demonstration;
RFP;
Quantitative milestones; and
Contingency measures.
Control strategy, including RACM/RACT;
Attainment demonstration;
RFP;
Quantitative milestones; and
Contingency measures.
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V. Environmental Justice
Considerations
VI. Statutory and Executive Order
Reviews
nonattainment for the 2012 PM2.5
NAAQS.
EPA believes that the human health or
environmental risks addressed by this
action will not have disproportionately
high or adverse human health or
environmental effects on minority, lowincome, or indigenous populations. This
is because it does not directly affect the
level of protection provided to human
health or environment under the PM2.5
NAAQS. The purpose of this rule is to
make findings that three states have
failed to provide EPA with the
identified SIP submissions, which are
required by the CAA for purposes of
implementing the 2012 PM2.5 NAAQS.
As such, this action does not directly
affect the level of protection provided
for human health or the environment.
Moreover, it is intended that the actions
and deadlines resulting from this notice
will lead to greater protection for United
States citizens, including minority, lowincome, or indigenous populations by
ensuring that states meet their statutory
obligation to develop and submit SIPs to
ensure that areas make progress toward
attaining the 2012 PM2.5 NAAQS.
A. Executive Order 12866: Regulatory
Planning and Executive Order 13563:
Improving Regulation and Regulatory
Review
D. Regulatory Flexibility Act (RFA)
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This action is not a significant
regulatory action, and therefore, was 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 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
provisions of the PRA. This final rule
does not establish any new information
collection requirement apart from what
is already required by law. This rule
relates to the requirement in the CAA
for states to submit SIPs under CAA
sections 172, 188 and 189 which
address the statutory requirements that
apply to areas designated as Moderate
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I certify that this rule will not have a
significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. The rule is a finding that the
named states have not submitted the
necessary SIP revisions.
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 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.
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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 finds that three
states have failed to submit SIP
revisions that satisfy the nonattainment
area planning requirements under
sections 172, 188 and 189 of the CAA
for the 2012 PM2.5 NAAQS. No tribe is
subject to the requirement to submit an
implementation plan under section 172,
or under subpart 4 of part D of Title I
of the CAA. Thus, Executive Order
13175 does not apply to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that concern health or safety
risks that EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it is a finding that three states
have failed to submit SIP revisions that
satisfy the Moderate nonattainment area
planning requirements under sections
172, 188 and 189 of the CAA for the
2012 PM2.5 NAAQS and does not
directly or disproportionately affect
children.
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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J. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or indigenous
populations. In finding that three states
have failed to submit SIP revisions that
satisfy the Moderate nonattainment area
planning requirements under sections
172, 188 and 189 of the CAA for the
2012 PM2.5 NAAQS, this action does not
directly affect the level of protection
provided to human health or the
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environment. The results of this
evaluation are contained in Section V of
this preamble titled ‘‘Environmental
Justice Considerations.’’
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
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. Judicial Review
Section 307(b)(l) of the CAA indicates
which Federal Courts of Appeal have
venue for petitions of review of final
agency actions by EPA under the CAA.
This section provides, in part, that
petitions for review must be filed in the
United States Court of Appeals for the
District of Columbia Circuit, (i) when
the agency action consists of ‘‘nationally
applicable regulations promulgated, or
final actions taken, by the
Administrator,’’ or (ii) when such action
is locally or regionally applicable, if
‘‘such action is based on a
determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such a
determination.’’
EPA has determined that this final
rule consisting of findings of failure to
submit certain of the required SIP
revisions is ‘‘nationally applicable’’
within the meaning of section 307(b)(1)
of the CAA. This final agency action
affects three states with Moderate
nonattainment areas located in three of
the ten EPA Regional offices, and in two
different U.S. Federal Circuit Courts
(3rd Circuit for Pennsylvania and 9th
Circuit for California and Idaho).
In addition, EPA has determined that
this rule has nationwide scope or effect
because it addresses a common core of
knowledge and analysis involved in
formulating the decision and a common
interpretation of the requirements of 40
CFR part 51 appendix V applied to
determining the completeness of SIPs in
states across the country. This
determination is appropriate because, in
the 1977 CAA Amendments that revised
CAA section 307(b)(l), Congress noted
that the Administrator’s determination
that an action is of ‘‘nationwide scope
or effect’’ would be appropriate for any
action that has ‘‘scope or effect beyond
a single judicial circuit.’’ H.R. Rep. No.
95–294 at 323–324, reprinted in 1977
U.S.C.C.A.N. 1402–03. Here, the scope
and effect of this action extends to the
two judicial circuits that include the
states across the country affected by this
action. In these circumstances, CAA
section 307(b)(1) and its legislative
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history authorize the Administrator to
find the rule to be of ‘‘nationwide scope
or effect’’ and, thus, to indicate that
venue for challenges lies in the District
of Columbia Circuit. Accordingly, EPA
is determining that this rule is of
nationwide scope or effect.
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the District of
Columbia Circuit within 60 days from
the date this final action is published in
the Federal Register. Filing a petition
for review by the Administrator of this
final action does not affect the finality
of the action for the purposes of judicial
review, nor does it extend the time
within which a petition for judicial
review must be filed, and shall not
postpone the effectiveness of such rule
or action.
List of Subjects in 40 CFR Part 52
Environmental protection, Approval
and promulgation of implementation
plans, Administrative practice and
procedures, Incorporation by reference,
Air pollution control, Intergovernmental
relations, and Reporting and
recordkeeping requirements.
Dated: March 26, 2018.
William L. Wehrum,
Assistant Administrator.
[FR Doc. 2018–06989 Filed 4–5–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2017–0485; FRL–9976–52–
Region 7]
Approval of Nebraska Air Quality
Implementation Plans, Operating
Permits Program, and 112(l) Program;
Revision to Nebraska Administrative
Code
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the State
Implementation Plan (SIP), Operating
Permits Program, and 112(l) Program
submitted on July 14, 2014, by the State
of Nebraska. This action amends the SIP
to revise two chapters, ‘‘Definitions’’
and ‘‘Operating Permit Modifications;
Reopening for Cause’’. Specifically,
these revisions incorporate by reference
the list of organic compounds exempt
from the definition of volatile organic
compound (VOC) found in the Code of
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Rules and Regulations]
[Pages 14759-14762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06989]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2018-0135; FRL-9976-35-OAR]
Findings of Failure To Submit State Implementation Plan
Submissions for the 2012 Fine Particulate Matter National Ambient Air
Quality Standards (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking final
action to find that three states have failed to submit timely revisions
to their state implementation plans (SIPs) as required to satisfy
certain requirements under the Clean Air Act (CAA) for implementation
of the annual 2012 Fine Particulate Matter National Ambient Air Quality
Standards (2012 PM2.5 NAAQS). These findings of failure to
submit apply to states with overdue SIP revisions (or attainment plans)
for certain areas initially designated as nonattainment and classified
as Moderate for the 2012 PM2.5 NAAQS on April 15, 2015. The
SIP revisions to address all applicable Moderate area attainment plan
requirements for these areas were due on October 15, 2016. If a state
does not make the required complete SIP submission within 18 months of
the effective date of these findings, the CAA requires the imposition
of sanctions for the affected area(s). In addition, EPA is obligated to
promulgate a federal implementation plan (FIP) to address any
outstanding SIP requirements, if a state does not submit, and EPA does
not approve, a state's submission within 24 months of the effective
date of these findings.
DATES: The effective date of this action is May 7, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2018-0135. All documents in the docket are listed and
publicly available at https://www.regulations.gov. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information 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 either electronically at https://www.regulations.gov or in
hard copy at the EPA Docket Center (EPA/DC), EPA WJC West Building,
Room 3334, 1301 Constitution Avenue NW, Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Office
of Air and Radiation Docket and Information Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Patrick Lessard, U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Air Quality Policy Division, Mail Code: C539-01, 109 T.W.
Alexander Drive, Research Triangle Park, NC 27711; by telephone (919)
541-5383; or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Notice and Comment Under the Administrative Procedure Act (APA)
Section 553 of the APA, 5 U.S.C. 553(b)(e)(B), provides that, when
an agency for good cause finds that notice and public procedures are
impracticable, unnecessary or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. EPA has determined that there is good cause for making
this final agency action without prior proposal and opportunity for
comment because no significant EPA judgment is involved in making
findings of failure to submit SIPs, or elements of SIPs. Rather, the
findings are required by the CAA where states have made no submissions
to meet the SIP requirements, or where EPA has separately determined
that they made incomplete submissions. Thus, notice and public comment
procedures are unnecessary. EPA finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).
B. How can I get copies of this document and other related information?
In addition to being available in the docket, an electronic copy of
this action will be posted at https://www.epa.gov/pm-pollution/implementation-national-ambient-air-quality-standards-naaqs-fine-particulate-matter.
C. Where do I go if I have a specific state question?
For questions related to specific states mentioned in this notice,
please contact the appropriate EPA Regional office:
[[Page 14760]]
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Regional offices States
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Susan Spielberger, Associate Director, Office Pennsylvania.
of Air Program Planning, Mailcode 3AP30,
(215) 814-5356 or Gerallyn Duke, Acting
Associate Director, Office of Permits and
State Programs, Mailcode 3AP10, Region 3,
1650 Arch Street, Philadelphia, PA 19103,
(215) 814-2084.
Doris Lo, Chief, Rulemaking Office, Mailcode California.
AIR-4, (415) 972-3959 or Laura Lawrence,
Acting Chief, Planning Office, Mailcode AIR-
4, Region 9, 75 Hawthorne Street, San
Francisco, CA 94105, (415) 972-3407.
Gina Bonifacino, Acting Unit Manager, Air Idaho.
Planning Unit, Mailcode AWT-50, Office of Air
and Waste, 1200 6th Avenue, Suite 900,
Seattle, WA 98101, (206) 553-2970.
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D. How is the preamble organized?
Table of Contents
I. General Information
A. Notice and Comment Under the Administrative Procedure Act
(APA)
B. How can I get copies of this document and other related
information?
C. Where do I go if I have a specific state question?
D. How is the preamble organized?
II. Background
III. Consequences of Findings of Failure To Submit
IV. Findings of Failure to Submit for States that Failed To Make a
Moderate Nonattainment Area SIP Submission
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Executive
Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act of 1995 (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
M. Judicial Review
II. Background
Airborne particulate matter (PM) can be composed of a complex
mixture of particles in both solid and liquid form. Particulate matter
can be of different sizes, commonly referred to as ``coarse'' and
``fine'' particles. Fine particles, in general terms, are PM with an
aerodynamic diameter less than or equal to a nominal 2.5 micrometers
([micro]m). For this reason, particles of this size are referred to as
PM2.5.
EPA first promulgated annual and 24-hour NAAQS for PM2.5
in July 1997 \1\ and then revised the 24-hour PM2.5 NAAQS in
October 2006.\2\ Most recently, on December 14, 2012, EPA revised the
primary annual PM2.5 standard by lowering the level from
15.0 to 12.0 micrograms per cubic meter of air ([micro]g/m\3\) to
provide increased protection against health effects associated with
long- and short-term PM2.5 exposures. EPA did not revise the
secondary annual PM2.5 standard, which remains at 15.0
[micro]g/m\3\.\3\ In addition, EPA retained the level and form of the
primary and secondary 24-hour PM2.5 standards to continue to
provide supplemental protection against health and welfare effects
associated with short-term PM2.5 exposures.
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\1\ 62 FR 38652 (July 18, 1997).
\2\ 71 FR 61143 (October 17, 2006).
\3\ 78 FR 3086 (January 15, 2013).
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Promulgation of a revised NAAQS triggers a requirement for EPA to
designate areas of the country as nonattainment, attainment, or
unclassifiable for the standards. As prescribed by CAA section 188(a),
areas designated as nonattainment for a PM2.5 NAAQS are
initially classified as Moderate. Designations and initial
classifications for 14 areas in six states as Moderate nonattainment
for the 2012 PM2.5 NAAQS became effective on April 15,
2015.\4\
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\4\ 80 FR 2206 (January 15, 2015).
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Nonattainment areas for PM2.5 are subject to the general
nonattainment area planning requirements of CAA section 172 and to the
PM-specific planning requirements of CAA sections 188-189. On August
24, 2016, EPA established a final implementation rule (PM2.5
SIP Requirements Rule) \5\ outlining the attainment planning and
control requirements for current and future PM2.5 NAAQS.
Accordingly to that rule, Moderate area PM2.5 SIP
submissions shall include base year emissions inventory requirements,
an attainment projected emissions inventory, a control strategy
including reasonably available control measures and reasonably
available control technology (RACM/RACT), an attainment demonstration
with air quality modeling, a reasonable further progress (RFP)
demonstration, quantitative milestones, contingency measures, and a
nonattainment new source review (NNSR) program.\6\ The PM2.5
SIP Requirements Rule also established the due date for Moderate area
PM2.5 SIP submissions as no later than 18 months from the
effective date of area designations.\7\ Accordingly, the areas
designated as nonattainment for the 2012 PM2.5 NAAQS (with
an effective date of April 15, 2015) were required to submit Moderate
area attainment plans to EPA no later than October 15, 2016.
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\5\ Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements; final rule; 81 FR
58009 (August 24, 2016).
\6\ 40 CFR 51.1003(a)(2).
\7\ 40 CFR 51.1003(a)(1).
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III. Consequences of Findings of Failure To Submit
For plan requirements under part D, title I of the CAA, such as
those for PM2.5 nonattainment areas, if EPA finds that a
state has failed to make the required complete SIP submission, then CAA
section 179 establishes specific consequences, including the eventual
imposition of mandatory sanctions for the affected area(s).
Additionally, such a finding triggers an obligation under CAA section
110(c) for EPA to promulgate a FIP no later than 2 years from the
effective date of the finding, if the affected state has not submitted,
and EPA has not approved, the required SIP submission.
If EPA has not affirmatively determined that a state has submitted
a complete SIP addressing the deficiency that is the basis for these
findings within 18 months of the effective date of this rulemaking, or
the submission has not become complete by operation of law 6 months
after submission, then, pursuant to CAA section 179(a) and (b) and 40
CFR 52.31, the emissions offset sanction identified in CAA section
179(b)(2) will apply in the affected nonattainment area. If EPA has not
affirmatively determined that the state has submitted a complete SIP
addressing the deficiencies that are the basis for these findings
within 6 months
[[Page 14761]]
after the offset sanction is imposed, or the submission has not become
complete by operation of law 6 months after submission, then the
highway funding sanction will apply in the affected nonattainment area,
in accordance with CAA section 179(b)(1) and 40 CFR 52.31. The state
must make the required SIP submission and EPA must take final action to
approve the submission within 2 years of the effective date of these
findings; otherwise, EPA is required to promulgate a FIP to address the
relevant requirements. This is required pursuant to CAA section 110(c)
for the affected nonattainment area.
IV. Findings of Failure To Submit for States That Failed To Make a
Moderate Nonattainment Area SIP Submission
In this action, EPA is finding that the states listed in Table 1
have failed to submit specific Moderate area SIP elements for the 2012
PM2.5 NAAQS required under subpart 4 of part D of title I of
the CAA.
Table 1--Findings of Failure To Submit Certain Required SIP Elements for
2012 PM2.5 NAAQS Moderate Nonattainment Areas
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Region State Area name Required SIP elements
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3................................... PA..................... Allegheny County........... Emissions inventory;
Control strategy, including RACM/RACT;
Attainment demonstration;
RFP;
Quantitative milestones; and
Contingency measures;
NNSR program.
3................................... PA..................... Delaware County............ NNSR program.
3................................... PA..................... Lebanon County............. NNSR program.
9................................... CA..................... Imperial County............ Emissions inventory;
Control strategy, including RACM/RACT;
Attainment demonstration;
RFP;
Quantitative milestones; and
Contingency measures.
10.................................. ID..................... West Silver Valley......... Control strategy, including RACM/RACT;
Attainment demonstration;
RFP;
Quantitative milestones; and
Contingency measures.
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V. Environmental Justice Considerations
EPA believes that the human health or environmental risks addressed
by this action will not have disproportionately high or adverse human
health or environmental effects on minority, low-income, or indigenous
populations. This is because it does not directly affect the level of
protection provided to human health or environment under the
PM2.5 NAAQS. The purpose of this rule is to make findings
that three states have failed to provide EPA with the identified SIP
submissions, which are required by the CAA for purposes of implementing
the 2012 PM2.5 NAAQS. As such, this action does not directly
affect the level of protection provided for human health or the
environment. Moreover, it is intended that the actions and deadlines
resulting from this notice will lead to greater protection for United
States citizens, including minority, low-income, or indigenous
populations by ensuring that states meet their statutory obligation to
develop and submit SIPs to ensure that areas make progress toward
attaining the 2012 PM2.5 NAAQS.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Executive Order
13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action, and therefore,
was 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 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 provisions of the PRA. This final rule does not establish any new
information collection requirement apart from what is already required
by law. This rule relates to the requirement in the CAA for states to
submit SIPs under CAA sections 172, 188 and 189 which address the
statutory requirements that apply to areas designated as Moderate
nonattainment for the 2012 PM2.5 NAAQS.
D. Regulatory Flexibility Act (RFA)
I certify that this rule will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The rule is
a finding that the named states have not submitted the necessary SIP
revisions.
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 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.
[[Page 14762]]
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 finds that three states have failed to
submit SIP revisions that satisfy the nonattainment area planning
requirements under sections 172, 188 and 189 of the CAA for the 2012
PM2.5 NAAQS. No tribe is subject to the requirement to
submit an implementation plan under section 172, or under subpart 4 of
part D of Title I of the CAA. Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it is a finding that three states have failed to submit SIP
revisions that satisfy the Moderate nonattainment area planning
requirements under sections 172, 188 and 189 of the CAA for the 2012
PM2.5 NAAQS and does not directly or disproportionately
affect children.
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 (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes the human health or environmental risk addressed by
this action will not have potential disproportionately high and adverse
human health or environmental effects on minority, low-income, or
indigenous populations. In finding that three states have failed to
submit SIP revisions that satisfy the Moderate nonattainment area
planning requirements under sections 172, 188 and 189 of the CAA for
the 2012 PM2.5 NAAQS, this action does not directly affect
the level of protection provided to human health or the environment.
The results of this evaluation are contained in Section V of this
preamble titled ``Environmental Justice Considerations.''
L. Congressional Review Act (CRA)
This action is subject to the CRA, and 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. Judicial Review
Section 307(b)(l) of the CAA indicates which Federal Courts of
Appeal have venue for petitions of review of final agency actions by
EPA under the CAA. This section provides, in part, that petitions for
review must be filed in the United States Court of Appeals for the
District of Columbia Circuit, (i) when the agency action consists of
``nationally applicable regulations promulgated, or final actions
taken, by the Administrator,'' or (ii) when such action is locally or
regionally applicable, if ``such action is based on a determination of
nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such a
determination.''
EPA has determined that this final rule consisting of findings of
failure to submit certain of the required SIP revisions is ``nationally
applicable'' within the meaning of section 307(b)(1) of the CAA. This
final agency action affects three states with Moderate nonattainment
areas located in three of the ten EPA Regional offices, and in two
different U.S. Federal Circuit Courts (3rd Circuit for Pennsylvania and
9th Circuit for California and Idaho).
In addition, EPA has determined that this rule has nationwide scope
or effect because it addresses a common core of knowledge and analysis
involved in formulating the decision and a common interpretation of the
requirements of 40 CFR part 51 appendix V applied to determining the
completeness of SIPs in states across the country. This determination
is appropriate because, in the 1977 CAA Amendments that revised CAA
section 307(b)(l), Congress noted that the Administrator's
determination that an action is of ``nationwide scope or effect'' would
be appropriate for any action that has ``scope or effect beyond a
single judicial circuit.'' H.R. Rep. No. 95-294 at 323-324, reprinted
in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect of this action
extends to the two judicial circuits that include the states across the
country affected by this action. In these circumstances, CAA section
307(b)(1) and its legislative history authorize the Administrator to
find the rule to be of ``nationwide scope or effect'' and, thus, to
indicate that venue for challenges lies in the District of Columbia
Circuit. Accordingly, EPA is determining that this rule is of
nationwide scope or effect.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the District of Columbia Circuit within 60 days from the date this
final action is published in the Federal Register. Filing a petition
for review by the Administrator of this final action does not affect
the finality of the action for the purposes of judicial review, nor
does it extend the time within which a petition for judicial review
must be filed, and shall not postpone the effectiveness of such rule or
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Approval and promulgation of
implementation plans, Administrative practice and procedures,
Incorporation by reference, Air pollution control, Intergovernmental
relations, and Reporting and recordkeeping requirements.
Dated: March 26, 2018.
William L. Wehrum,
Assistant Administrator.
[FR Doc. 2018-06989 Filed 4-5-18; 8:45 am]
BILLING CODE 6560-50-P
