Air Plan Approval; Pennsylvania; Interim Final Determination To Stay and Defer Sanctions Related to Reasonably Available Control Technology Requirements for Keystone, Conemaugh, Homer City and Montour Generating Facilities for the 1997 and 2008 Ozone National Ambient Air Quality Standards, 56666-56668 [2024-15115]
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56666
Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Rules and Regulations
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
ddrumheller on DSK120RN23PROD with RULES1
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect 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. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone on the Missouri River from MM 27
to 366. It is categorically excluded from
further review under paragraph L60(c)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0112 to read as
follows:
■
E. Unfunded Mandates Reform Act
§ 165.T08–0112 Safety Zone; Missouri
River, Mile Markers 27 to 366.
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
(a) Location. The following area is a
safety zone: all navigable waters within
the Missouri River from Mile Marker 27
to 366.
(b) Enforcement period. This section
will be subject to enforcement from July
5, 2024, to July 10, 2024.
(c) Regulations. (1) In accordance with
the general safety zone regulations in
§ 165.23, entry of persons or vessels into
the safety zone described in paragraph
(a) of this section is prohibited unless
authorized by the Captain of the Port
VerDate Sep<11>2014
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Sector Upper Mississippi River (COTP)
or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Upper Mississippi River.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement, as well as reductions in
size or scope of the safety zone, through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Safety Marine Information
Broadcast (SMIB) as appropriate.
Dated: July 5, 2024.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Upper Mississippi River.
[FR Doc. 2024–15184 Filed 7–5–24; 4:15 pm]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2024–0302; FRL–12064–
03–R3]
Air Plan Approval; Pennsylvania;
Interim Final Determination To Stay
and Defer Sanctions Related to
Reasonably Available Control
Technology Requirements for
Keystone, Conemaugh, Homer City
and Montour Generating Facilities for
the 1997 and 2008 Ozone National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Interim final determination.
AGENCY:
The Environmental Protection
Agency (EPA) is making an interim final
determination (IFD) that Pennsylvania
has submitted revisions to the SIP that
satisfy the requirements under the Clean
Air Act (CAA) to implement RACT for
these EGUs for the 1997 and 2008 ozone
NAAQS. The effect of this IFD is to stay
emission offset sanctions and defer the
imposition of highway funding
sanctions triggered by an August 2022
EPA partial disapproval of a prior
SUMMARY:
E:\FR\FM\10JYR1.SGM
10JYR1
ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Rules and Regulations
Pennsylvania SIP addressing RACT for
these EGUs. Proposed elsewhere in this
issue of the Federal Register, EPA is
proposing approval of a revision to
Pennsylvania’s State implementation
plan (SIP), as submitted April 10, 2024,
to address reasonably available control
technology (RACT) nitrogen oxides
(NOX) emission limits and requirements
for the coal-fired electric generating
units (EGUs) equipped with selective
catalytic reduction (SCR) at the
Keystone, Conemaugh, Homer City, and
Montour facilities for the 1997 and 2008
ozone national ambient air quality
standards (NAAQS).
DATES: This interim final determination
is effective on July 10, 2024. However,
comments will be accepted until August
9, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2024–0302 at
www.regulations.gov, or via email to
goold.megan@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets. EPA has established a docket
for this action under Docket ID Number
EPA–R03–OAR–2024–0302. All
documents in the docket are listed on
the www.regulations.gov website.
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, is not placed on
the internet and will be publicly
VerDate Sep<11>2014
15:36 Jul 09, 2024
Jkt 262001
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Sean Silverman, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–5511. Mr.
Silverman can also be reached via
electronic mail at silverman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 16, 2022, EPA took final
action to disapprove portions of a
Pennsylvania SIP revision submitted
May 16, 2016 that, among other things,
established NOX emission limitations
for the coal-fired EGUs equipped with
SCR at the Keystone, Conemaugh,
Homer City, and Montour facilities, to
satisfy RACT obligations for the 1997
and 2008 ozone NAAQS. 87 FR 50257.
EPA’s August 16, 2022 final disapproval
started a sanctions clock under CAA
section 179 and 40 CFR 52.31. The twoto-one new source emissions offset
sanction took effect on March 15, 2024
(18 months following the September 15,
2022 effective date of the August 16,
2022 disapproval), while highway
funding sanctions will take effect
September 15, 2024 unless the state
submits, and EPA approves, SIP
revisions that correct the deficiencies
identified in the August 16, 2022
disapproval action.
On August 31, 2022, EPA issued a
Federal implementation plan (FIP)
addressing these same RACT
obligations. 87 FR 53381. On May 2,
2024, the Third Circuit issued a
decision upholding the RACT limits and
other requirements in EPA’s August 31,
2022 FIP. Keystone-Conemaugh Projects
LLC v. EPA, et al., No. 22–3026. The
court decided and resolved all issues
raised by the Petitioners in EPA’s favor.
On April 10, 2024, PADEP submitted
two SIP revisions which adopt the NOX
limits and other requirements in EPA’s
final August 31, 2022 FIP for Keystone,
Conemaugh, Homer City, and Montour.
Proposed elsewhere in this issue of the
Federal Register, EPA has proposed to
approve Pennsylvania’s April 10, 2024
SIP revisions. There, EPA proposes to
find that the incorporation of title V
permits containing the FIP requirements
into Pennsylvania’s SIP addresses the
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Fmt 4700
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56667
deficiencies identified in EPA’s August
16, 2022 partial disapproval, which
started the sanctions clock for offset and
highway sanctions in Pennsylvania.
II. What action is EPA taking?
We are making an interim final
determination to stay the application of
the offset sanction and defer the
application of the highway sanction
associated with our August 16, 2022
disapproval of certain RACT
requirements for the 1997 and 2008
ozone NAAQS for Pennsylvania. This
determination is based on our
concurrent proposal to approve the
Pennsylvania SIP revisions regarding
RACT limits for the 1997 and 2008
Ozone NAAQS for Keystone,
Conemaugh, Homer City, and Montour
generating facilities, which resolve the
deficiencies that triggered sanctions
under section 179 of the CAA.
Because EPA has preliminarily
determined that the submission of the
Pennsylvania RACT SIP revisions
address the deficiencies identified in
the August 16, 2022 disapproval action
and is likely approvable, relief from
sanctions should be provided as quickly
as possible. Therefore, 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)(B)). However, by this
action, EPA is providing the public with
an opportunity to comment on the
EPA’s determination after the effective
date, and EPA will consider any
comments received in determining
whether to reverse the interim final
determination.
Section 553(b)(B) of the APA provides
that the notice and opportunity for
comment requirements do not apply
when the Agency finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ In this instance, EPA believes
it would be both impracticable and
contrary to the public interest to have to
propose and provide an opportunity to
comment before any relief is provided
from the effect of sanctions. EPA has
reviewed Pennsylvania’s SIP
submissions addressing the August 16,
2022 disapproval and, through its
proposed action, is indicating that it is
more likely than not that the SIP
submissions correct the deficiency that
was the basis for the disapproval action
that started the sanctions clock.
Therefore, it is not in the public interest
to apply sanctions. EPA believes that it
is necessary to use the interim final
rulemaking process to stay the
application of the offset sanction and
defer the application of the highway
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56668
Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Rules and Regulations
funding sanction while we complete our
rulemaking process on the approvability
of Pennsylvania’s SIP revision intended
to address the RACT requirements for
the EGUs at the four sources for the
1997 and 2008 ozone NAAQS.
Consistent with 5 U.S.C. 553(d)(1) of
the APA, EPA finds there is good cause
for this action to become effective
immediately upon publication. Section
553(d)(1) of the APA provides that final
rules shall not become effective until 30
days after publication in the Federal
Register ‘‘except . . . a substantive rule
which grants or recognizes an
exemption or relieves a restriction.’’ The
purpose of this provision is to ‘‘give
affected parties a reasonable time to
adjust their behavior before the final
rule takes effect.’’ Omnipoint Corp. v.
Fed. Commc’n Comm’n, 78 F.3d 620,
630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099,
1104 (8th Cir. 1977) (quoting legislative
history). However, when the agency
grants or recognizes an exemption or
relieves a restriction, affected parties do
not need a reasonable time to adjust
because the effect is not adverse.
Because this action relieves a
restriction, EPA finds good cause under
5 U.S.C. 553(d)(1) for this action to
become effective on the date of
publication of this action.
As noted above, proposed elsewhere
in this issue of the Federal Register,
EPA has proposed to find that
Pennsylvania’s April 10, 2024 SIP
revisions address the deficiencies
identified by EPA in our August 16,
2022 final disapproval. In accordance
with 40 CFR 52.31(d)(2)(ii), when a
State has submitted a revised plan to
correct the deficiency, and EPA
proposes to approve the plan and issues
an interim final determination that the
revised plan corrects the deficiency,
application of the new source emission
offset sanction shall be stayed and
application of the highway sanction
shall be deferred. However, if issues are
raised during the public comment
period of the proposed plan approval
which cannot be addressed and the
revised plan is ultimately disapproved,
the new source offset sanction shall
reapply immediately and the highway
sanction shall apply immediately on the
date of the final disapproval if that date
is more than six months after the date
the offset sanctions became effective,
which was March 15, 2024.
III. Statutory and Executive Order
Reviews
This action defers sanctions and
imposes no additional requirements. For
that reason, this action:
VerDate Sep<11>2014
15:36 Jul 09, 2024
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• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Is not approved to apply on any
Indian reservation land or in any other
area where the EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the action does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
• Is subject to the Congressional
Review Act (CRA),5 U.S.C. 801 et seq.,
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.
Executive Order 12898 (59 FR 7629,
February 16, 1994), directs Federal
agencies, to the greatest extent
PO 00000
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Fmt 4700
Sfmt 9990
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color and/or
Indigenous peoples) and low-income
populations.
This interim final determination does
not concern human health or
environmental conditions and therefore
cannot be evaluated with respect to
potentially disproportionate and
adverse effects on people of color, lowincome populations and/or Indigenous
peoples. This action stays emission
offset sanctions and defers the
imposition of highway funding
sanctions triggered by an August 2022
EPA partial disapproval of a prior
Pennsylvania SIP addressing RACT for
these EGUs. This action therefore does
not directly address emission limits or
otherwise directly affect any human
health or environmental conditions in
Pennsylvania. In addition, EPA is
providing meaningful involvement on
this rulemaking through the notice and
comment process.
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 September 9, 2024. Filing a
petition for reconsideration by the EPA
Administrator of this 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
action. This action may not be
challenged later in proceedings to
enforce its requirements (see CAA
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024–15115 Filed 7–9–24; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Rules and Regulations]
[Pages 56666-56668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15115]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0302; FRL-12064-03-R3]
Air Plan Approval; Pennsylvania; Interim Final Determination To
Stay and Defer Sanctions Related to Reasonably Available Control
Technology Requirements for Keystone, Conemaugh, Homer City and Montour
Generating Facilities for the 1997 and 2008 Ozone National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination (IFD) that Pennsylvania has submitted revisions to
the SIP that satisfy the requirements under the Clean Air Act (CAA) to
implement RACT for these EGUs for the 1997 and 2008 ozone NAAQS. The
effect of this IFD is to stay emission offset sanctions and defer the
imposition of highway funding sanctions triggered by an August 2022 EPA
partial disapproval of a prior
[[Page 56667]]
Pennsylvania SIP addressing RACT for these EGUs. Proposed elsewhere in
this issue of the Federal Register, EPA is proposing approval of a
revision to Pennsylvania's State implementation plan (SIP), as
submitted April 10, 2024, to address reasonably available control
technology (RACT) nitrogen oxides (NOX) emission limits and
requirements for the coal-fired electric generating units (EGUs)
equipped with selective catalytic reduction (SCR) at the Keystone,
Conemaugh, Homer City, and Montour facilities for the 1997 and 2008
ozone national ambient air quality standards (NAAQS).
DATES: This interim final determination is effective on July 10, 2024.
However, comments will be accepted until August 9, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0302 at 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 edited or removed from Regulations.gov. For either
manner of submission, 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. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets. EPA has established a
docket for this action under Docket ID Number EPA-R03-OAR-2024-0302.
All documents in the docket are listed on the www.regulations.gov
website. 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, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through www.regulations.gov,
or please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Sean Silverman, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-5511. Mr. Silverman can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 16, 2022, EPA took final action to disapprove portions of
a Pennsylvania SIP revision submitted May 16, 2016 that, among other
things, established NOX emission limitations for the coal-
fired EGUs equipped with SCR at the Keystone, Conemaugh, Homer City,
and Montour facilities, to satisfy RACT obligations for the 1997 and
2008 ozone NAAQS. 87 FR 50257. EPA's August 16, 2022 final disapproval
started a sanctions clock under CAA section 179 and 40 CFR 52.31. The
two-to-one new source emissions offset sanction took effect on March
15, 2024 (18 months following the September 15, 2022 effective date of
the August 16, 2022 disapproval), while highway funding sanctions will
take effect September 15, 2024 unless the state submits, and EPA
approves, SIP revisions that correct the deficiencies identified in the
August 16, 2022 disapproval action.
On August 31, 2022, EPA issued a Federal implementation plan (FIP)
addressing these same RACT obligations. 87 FR 53381. On May 2, 2024,
the Third Circuit issued a decision upholding the RACT limits and other
requirements in EPA's August 31, 2022 FIP. Keystone-Conemaugh Projects
LLC v. EPA, et al., No. 22-3026. The court decided and resolved all
issues raised by the Petitioners in EPA's favor.
On April 10, 2024, PADEP submitted two SIP revisions which adopt
the NOX limits and other requirements in EPA's final August
31, 2022 FIP for Keystone, Conemaugh, Homer City, and Montour. Proposed
elsewhere in this issue of the Federal Register, EPA has proposed to
approve Pennsylvania's April 10, 2024 SIP revisions. There, EPA
proposes to find that the incorporation of title V permits containing
the FIP requirements into Pennsylvania's SIP addresses the deficiencies
identified in EPA's August 16, 2022 partial disapproval, which started
the sanctions clock for offset and highway sanctions in Pennsylvania.
II. What action is EPA taking?
We are making an interim final determination to stay the
application of the offset sanction and defer the application of the
highway sanction associated with our August 16, 2022 disapproval of
certain RACT requirements for the 1997 and 2008 ozone NAAQS for
Pennsylvania. This determination is based on our concurrent proposal to
approve the Pennsylvania SIP revisions regarding RACT limits for the
1997 and 2008 Ozone NAAQS for Keystone, Conemaugh, Homer City, and
Montour generating facilities, which resolve the deficiencies that
triggered sanctions under section 179 of the CAA.
Because EPA has preliminarily determined that the submission of the
Pennsylvania RACT SIP revisions address the deficiencies identified in
the August 16, 2022 disapproval action and is likely approvable, relief
from sanctions should be provided as quickly as possible. Therefore,
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)(B)). However, by this action,
EPA is providing the public with an opportunity to comment on the EPA's
determination after the effective date, and EPA will consider any
comments received in determining whether to reverse the interim final
determination.
Section 553(b)(B) of the APA provides that the notice and
opportunity for comment requirements do not apply when the Agency finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' In this instance, EPA believes it would be both
impracticable and contrary to the public interest to have to propose
and provide an opportunity to comment before any relief is provided
from the effect of sanctions. EPA has reviewed Pennsylvania's SIP
submissions addressing the August 16, 2022 disapproval and, through its
proposed action, is indicating that it is more likely than not that the
SIP submissions correct the deficiency that was the basis for the
disapproval action that started the sanctions clock. Therefore, it is
not in the public interest to apply sanctions. EPA believes that it is
necessary to use the interim final rulemaking process to stay the
application of the offset sanction and defer the application of the
highway
[[Page 56668]]
funding sanction while we complete our rulemaking process on the
approvability of Pennsylvania's SIP revision intended to address the
RACT requirements for the EGUs at the four sources for the 1997 and
2008 ozone NAAQS.
Consistent with 5 U.S.C. 553(d)(1) of the APA, EPA finds there is
good cause for this action to become effective immediately upon
publication. Section 553(d)(1) of the APA provides that final rules
shall not become effective until 30 days after publication in the
Federal Register ``except . . . a substantive rule which grants or
recognizes an exemption or relieves a restriction.'' The purpose of
this provision is to ``give affected parties a reasonable time to
adjust their behavior before the final rule takes effect.'' Omnipoint
Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see
also United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977)
(quoting legislative history). However, when the agency grants or
recognizes an exemption or relieves a restriction, affected parties do
not need a reasonable time to adjust because the effect is not adverse.
Because this action relieves a restriction, EPA finds good cause under
5 U.S.C. 553(d)(1) for this action to become effective on the date of
publication of this action.
As noted above, proposed elsewhere in this issue of the Federal
Register, EPA has proposed to find that Pennsylvania's April 10, 2024
SIP revisions address the deficiencies identified by EPA in our August
16, 2022 final disapproval. In accordance with 40 CFR 52.31(d)(2)(ii),
when a State has submitted a revised plan to correct the deficiency,
and EPA proposes to approve the plan and issues an interim final
determination that the revised plan corrects the deficiency,
application of the new source emission offset sanction shall be stayed
and application of the highway sanction shall be deferred. However, if
issues are raised during the public comment period of the proposed plan
approval which cannot be addressed and the revised plan is ultimately
disapproved, the new source offset sanction shall reapply immediately
and the highway sanction shall apply immediately on the date of the
final disapproval if that date is more than six months after the date
the offset sanctions became effective, which was March 15, 2024.
III. Statutory and Executive Order Reviews
This action defers sanctions and imposes no additional
requirements. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
action does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Is subject to the Congressional Review Act (CRA),5 U.S.C.
801 et seq., 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.
Executive Order 12898 (59 FR 7629, February 16, 1994), directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
This interim final determination does not concern human health or
environmental conditions and therefore cannot be evaluated with respect
to potentially disproportionate and adverse effects on people of color,
low-income populations and/or Indigenous peoples. This action stays
emission offset sanctions and defers the imposition of highway funding
sanctions triggered by an August 2022 EPA partial disapproval of a
prior Pennsylvania SIP addressing RACT for these EGUs. This action
therefore does not directly address emission limits or otherwise
directly affect any human health or environmental conditions in
Pennsylvania. In addition, EPA is providing meaningful involvement on
this rulemaking through the notice and comment process.
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 September 9, 2024. Filing a petition for
reconsideration by the EPA Administrator of this 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
action. This action may not be challenged later in proceedings to
enforce its requirements (see CAA section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-15115 Filed 7-9-24; 8:45 am]
BILLING CODE 6560-50-P
