82_FR_25307 82 FR 25203 - Determination To Defer Sanctions; Arizona Department of Environmental Quality

82 FR 25203 - Determination To Defer Sanctions; Arizona Department of Environmental Quality

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 104 (June 1, 2017)

Page Range25203-25204
FR Document2017-10942

The EPA is making an interim final determination to defer imposition of sanctions based on a proposed determination, published elsewhere in this Federal Register, that the State of Arizona (State) has submitted rules that satisfy the requirements of part D of the Clean Air Act (CAA or Act) permitting program for areas under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ).

Federal Register, Volume 82 Issue 104 (Thursday, June 1, 2017)
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Rules and Regulations]
[Pages 25203-25204]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10942]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Rules 
and Regulations

[[Page 25203]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0255; FRL-9963-07-Region 9]


Determination To Defer Sanctions; Arizona Department of 
Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is making an interim final determination to defer 
imposition of sanctions based on a proposed determination, published 
elsewhere in this Federal Register, that the State of Arizona (State) 
has submitted rules that satisfy the requirements of part D of the 
Clean Air Act (CAA or Act) permitting program for areas under the 
jurisdiction of the Arizona Department of Environmental Quality (ADEQ).

DATES: This interim final determination is effective on June 1, 2017. 
However, comments will be accepted until July 3, 2017.

ADDRESSES: Submit comments, identified by Docket ID No. EPA-R09-OAR-
2017-0255, at http://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 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 November 2, 2015 (80 FR 67319), the EPA issued a final limited 
approval and limited disapproval action for revisions to the ADEQ 
portion of the Arizona State Implementation Plan (SIP) that had been 
submitted by ADEQ to the EPA for approval (the 2015 NSR action).\1\ The 
2015 NSR action addressed ADEQ's permitting program for the issuance of 
New Source Review (NSR) permits for stationary sources, including 
review and permitting of major and minor sources under the Act. In our 
2015 NSR action, we determined that while ADEQ's SIP revision submittal 
strengthened the Arizona SIP, the submittal did not fully meet the 
requirements for NSR permitting programs under the CAA. Our 2015 NSR 
action included a final limited disapproval action under title I, part 
D of the Act, relating to requirements for nonattainment areas. 
Pursuant to section 179 of the CAA and our regulations at 40 CFR 52.31, 
this limited disapproval action under title I, part D started a 
sanctions clock for imposition of offset sanctions 18 months after the 
action's effective date of December 2, 2015, and highway sanctions 6 
months later.
---------------------------------------------------------------------------

    \1\ We also finalized other actions, which included a partial 
disapproval related to the PM2.5 significant monitoring 
concentration, and limited approvals, without corresponding limited 
disapprovals, related to section 189(e) of the Act.
---------------------------------------------------------------------------

    On March 21, 2017, ADEQ revised its NSR permitting program rules 
and on April 28, 2017, ADEQ submitted a number of 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 issues under title I, part D that we identified in our 2015 
NSR action. In the Proposed Rules section of this Federal Register, we 
have proposed approval of ADEQ's April 2017 NSR submittal. Based on the 
proposed approval action, we are also taking this final rulemaking 
action, effective on publication, to defer imposition of the offset 
sanctions and highway sanctions that were triggered by our 2015 NSR 
action's limited disapproval of ADEQ's NSR permitting program, because 
we believe that ADEQ's April 2017 NSR submittal corrects the 
deficiencies that triggered such sanctions.
    EPA is providing the public with an opportunity to comment on this 
deferral of sanctions. If comments are submitted that change our 
assessment described in this final determination and the proposed full 
approval of ADEQ's April 2017 NSR submittal with respect to the title 
I, part D deficiencies identified as limited disapproval issues in our 
2015 NSR action, we would take final action proposing 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 2015 NSR action would be permanently terminated on the 
effective date of our final approval of ADEQ's April 2017 NSR 
submittal.

II. EPA Action

    We are making an interim final determination to defer CAA section 
179 sanctions associated with our limited disapproval action on 
November 2, 2015 of ADEQ's NSR permitting program with respect to the 
requirements of part D of title I of the CAA. This determination is 
based on our concurrent proposal to fully approve ADEQ's April 2017 NSR 
submittal, which resolves the deficiencies that triggered sanctions 
under section 179 of the CAA.
    Because the EPA has preliminarily determined that ADEQ's April 2017 
NSR submittal addresses the

[[Page 25204]]

deficiencies under part D of title I of the CAA identified as limited 
disapproval issues in our 2015 NSR action, and is fully approvable, 
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 its proposed action, 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. The EPA believes that it is necessary to 
use the interim final rulemaking process to defer sanctions while the 
EPA completes its rulemaking process on the approvability of the 
State's submittal. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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 rule is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. 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.

K. 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 rule 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 July 31, 2017. Filing a petition for 
reconsideration by the EPA Administrator of this final rule does not 
affect the finality of this rule for the purpose of judicial review nor 
does it extend the time within which petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements (see CAA section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Incorporation by reference, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 16, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-10942 Filed 5-31-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                                                                                                                                   25203

                                                Rules and Regulations                                                                                            Federal Register
                                                                                                                                                                 Vol. 82, No. 104

                                                                                                                                                                 Thursday, June 1, 2017



                                                This section of the FEDERAL REGISTER                    consider comments or comment                             2015, and highway sanctions 6 months
                                                contains regulatory documents having general            contents located outside of the primary                  later.
                                                applicability and legal effect, most of which           submission (i.e. on the web, cloud, or                      On March 21, 2017, ADEQ revised its
                                                are keyed to and codified in the Code of                other file sharing system). For                          NSR permitting program rules and on
                                                Federal Regulations, which is published under                                                                    April 28, 2017, ADEQ submitted a
                                                                                                        additional submission methods, please
                                                50 titles pursuant to 44 U.S.C. 1510.                                                                            number of revised NSR permitting rules
                                                                                                        contact the person identified in the FOR
                                                The Code of Federal Regulations is sold by              FURTHER INFORMATION CONTACT section.                     to the EPA for approval into the Arizona
                                                the Superintendent of Documents.                        For the full EPA public comment policy,                  SIP (April 2017 NSR submittal),
                                                                                                        information about CBI or multimedia                      including rules intended to address the
                                                                                                        submissions, and general guidance on                     limited disapproval issues under title I,
                                                ENVIRONMENTAL PROTECTION                                making effective comments, please visit                  part D that we identified in our 2015
                                                AGENCY                                                  https://www.epa.gov/dockets/                             NSR action. In the Proposed Rules
                                                                                                        commenting-epa-dockets.                                  section of this Federal Register, we have
                                                40 CFR Part 52                                                                                                   proposed approval of ADEQ’s April
                                                [EPA–R09–OAR–2017–0255; FRL–9963–07–                    FOR FURTHER INFORMATION CONTACT:               Lisa      2017 NSR submittal. Based on the
                                                Region 9]                                               Beckham, EPA Region 9, (415) 972–                        proposed approval action, we are also
                                                                                                        3811, beckham.lisa@epa.gov.                              taking this final rulemaking action,
                                                Determination To Defer Sanctions;                                                                                effective on publication, to defer
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                Arizona Department of Environmental                                                                              imposition of the offset sanctions and
                                                                                                        Throughout this document, the terms
                                                Quality                                                                                                          highway sanctions that were triggered
                                                                                                        ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
                                                AGENCY:  Environmental Protection                                                                                by our 2015 NSR action’s limited
                                                Agency (EPA).                                           Table of Contents                                        disapproval of ADEQ’s NSR permitting
                                                                                                                                                                 program, because we believe that
                                                ACTION: Interim final rule.                             I. Background
                                                                                                                                                                 ADEQ’s April 2017 NSR submittal
                                                                                                        II. EPA Action
                                                SUMMARY:    The EPA is making an interim                                                                         corrects the deficiencies that triggered
                                                                                                        III. Statutory and Executive Order Reviews
                                                final determination to defer imposition                                                                          such sanctions.
                                                of sanctions based on a proposed                        I. Background                                               EPA is providing the public with an
                                                determination, published elsewhere in                                                                            opportunity to comment on this deferral
                                                this Federal Register, that the State of                  On November 2, 2015 (80 FR 67319),                     of sanctions. If comments are submitted
                                                Arizona (State) has submitted rules that                the EPA issued a final limited approval                  that change our assessment described in
                                                satisfy the requirements of part D of the               and limited disapproval action for                       this final determination and the
                                                Clean Air Act (CAA or Act) permitting                   revisions to the ADEQ portion of the                     proposed full approval of ADEQ’s April
                                                program for areas under the jurisdiction                Arizona State Implementation Plan (SIP)                  2017 NSR submittal with respect to the
                                                of the Arizona Department of                            that had been submitted by ADEQ to the                   title I, part D deficiencies identified as
                                                Environmental Quality (ADEQ).                           EPA for approval (the 2015 NSR                           limited disapproval issues in our 2015
                                                DATES: This interim final determination                 action).1 The 2015 NSR action                            NSR action, we would take final action
                                                is effective on June 1, 2017. However,                  addressed ADEQ’s permitting program                      proposing to lift this deferral of
                                                comments will be accepted until July 3,                 for the issuance of New Source Review                    sanctions under 40 CFR 52.31. If no
                                                2017.                                                   (NSR) permits for stationary sources,                    comments are submitted that change our
                                                                                                        including review and permitting of                       assessment, then all sanctions and any
                                                ADDRESSES: Submit comments,
                                                                                                        major and minor sources under the Act.                   sanction clocks triggered by our 2015
                                                identified by Docket ID No. EPA–R09–                                                                             NSR action would be permanently
                                                OAR–2017–0255, at http://                               In our 2015 NSR action, we determined
                                                                                                        that while ADEQ’s SIP revision                           terminated on the effective date of our
                                                www.regulations.gov, or via email to                                                                             final approval of ADEQ’s April 2017
                                                R9airpermits@epa.gov. For comments                      submittal strengthened the Arizona SIP,
                                                                                                        the submittal did not fully meet the                     NSR submittal.
                                                submitted at Regulations.gov, follow the
                                                online instructions for submitting                      requirements for NSR permitting                          II. EPA Action
                                                comments. Once submitted, comments                      programs under the CAA. Our 2015 NSR
                                                                                                                                                                    We are making an interim final
                                                cannot be removed or edited from                        action included a final limited
                                                                                                                                                                 determination to defer CAA section 179
                                                Regulations.gov. For either manner of                   disapproval action under title I, part D
                                                                                                                                                                 sanctions associated with our limited
                                                submission, the EPA may publish any                     of the Act, relating to requirements for
                                                                                                                                                                 disapproval action on November 2, 2015
                                                comment received to its public docket.                  nonattainment areas. Pursuant to
                                                                                                                                                                 of ADEQ’s NSR permitting program
                                                Do not submit electronically any                        section 179 of the CAA and our
                                                                                                                                                                 with respect to the requirements of part
                                                information you consider to be                          regulations at 40 CFR 52.31, this limited
                                                                                                                                                                 D of title I of the CAA. This
                                                Confidential Business Information (CBI)                 disapproval action under title I, part D                 determination is based on our
                                                or other information whose disclosure is                started a sanctions clock for imposition                 concurrent proposal to fully approve
jstallworth on DSK7TPTVN1PROD with RULES




                                                restricted by statute. Multimedia                       of offset sanctions 18 months after the                  ADEQ’s April 2017 NSR submittal,
                                                submissions (audio, video, etc.) must be                action’s effective date of December 2,                   which resolves the deficiencies that
                                                accompanied by a written comment.                                                                                triggered sanctions under section 179 of
                                                                                                          1 We also finalized other actions, which included
                                                The written comment is considered the                                                                            the CAA.
                                                                                                        a partial disapproval related to the PM2.5 significant
                                                official comment and should include                     monitoring concentration, and limited approvals,
                                                                                                                                                                    Because the EPA has preliminarily
                                                discussion of all points you wish to                    without corresponding limited disapprovals, related      determined that ADEQ’s April 2017
                                                make. The EPA will generally not                        to section 189(e) of the Act.                            NSR submittal addresses the


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                                                25204              Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Rules and Regulations

                                                deficiencies under part D of title I of the             entities. This action defers sanctions                J. Executive Order 12898: Federal
                                                CAA identified as limited disapproval                   and imposes no new requirements.                      Actions To Address Environmental
                                                issues in our 2015 NSR action, and is                                                                         Justice in Minority Populations and
                                                fully approvable, relief from sanctions                 D. Unfunded Mandates Reform Act
                                                                                                                                                              Low-Income Populations
                                                should be provided as quickly as                        (UMRA)
                                                possible. Therefore, the EPA is invoking                                                                        The EPA believes that this action is
                                                                                                           This action does not contain any
                                                the good cause exception under the                                                                            not subject to Executive Order 12898 (59
                                                                                                        unfunded mandate as described in
                                                Administrative Procedure Act (APA) in                   UMRA, 2 U.S.C. 1531–1538, and does                    FR 7629, February 16, 1994) because it
                                                not providing an opportunity for                        not significantly or uniquely affect small            does not establish an environmental
                                                comment before this action takes effect                 governments. The action imposes no                    health or safety standard. This action
                                                (5 U.S.C. 553(b)(3)). However, by this                  enforceable duty on any state, local or               defers sanctions in accordance with
                                                action, the EPA is providing the public                 tribal governments or the private sector.             CAA regulatory provisions and imposes
                                                with a chance to comment on the EPA’s                                                                         no additional requirements.
                                                determination after the effective date,                 E. Executive Order 13132: Federalism
                                                and the EPA will consider any                                                                                 K. Congressional Review Act (CRA)
                                                comments received in determining                          This action does not have federalism
                                                                                                        implications. It will not have substantial               This action is subject to the CRA, and
                                                whether to reverse such action.                                                                               the EPA will submit a rule report to
                                                   The EPA believes that notice-and-                    direct effects on the states, on the
                                                comment rulemaking before the                           relationship between the national                     each House of the Congress and to the
                                                effective date of this action is                        government and the states, or on the                  Comptroller General of the United
                                                impracticable and contrary to the public                distribution of power and                             States. The CRA allows the issuing
                                                interest. The EPA has reviewed the                      responsibilities among the various                    agency to make a rule effective sooner
                                                State’s submittal and, through its                      levels of government.                                 than otherwise provided by the CRA if
                                                proposed action, is indicating that it is                                                                     the agency makes a good cause finding
                                                                                                        F. Executive Order 13175: Consultation                that notice and comment rulemaking
                                                more likely than not that the State has                 and Coordination With Indian Tribal
                                                submitted a revision to the SIP that                                                                          procedures are impracticable,
                                                                                                        Governments
                                                corrects deficiencies under part D of the                                                                     unnecessary or contrary to the public
                                                Act that were the basis for the action                    This action does not have tribal                    interest (5 U.S.C. 808(2)). The EPA has
                                                that started the sanctions clocks.                      implications as specified in Executive                made a good cause finding for this rule
                                                Therefore, it is not in the public interest             Order 13175. This action defers                       as discussed in section II of this
                                                to impose sanctions. The EPA believes                   sanctions and imposes no new                          preamble, including the basis for that
                                                that it is necessary to use the interim                 requirements. In addition, this action                finding.
                                                final rulemaking process to defer                       does not apply on any Indian                             Under section 307(b)(1) of the CAA,
                                                sanctions while the EPA completes its                   reservation land or in any other area                 petitions for judicial review of this
                                                rulemaking process on the approvability                 where the EPA or an Indian tribe has                  action must be filed in the United States
                                                of the State’s submittal. Moreover, with                demonstrated that a tribe has                         Court of Appeals for the appropriate
                                                respect to the effective date of this                   jurisdiction. Thus, Executive Order
                                                action, the EPA is invoking the good                                                                          circuit by July 31, 2017. Filing a petition
                                                                                                        13175 does not apply to this action.                  for reconsideration by the EPA
                                                cause exception to the 30-day notice
                                                requirement of the APA because the                      G. Executive Order 13045: Protection of               Administrator of this final rule does not
                                                purpose of this notice is to relieve a                  Children From Environmental Health                    affect the finality of this rule for the
                                                restriction (5 U.S.C. 553(d)(1)).                       Risks and Safety Risks                                purpose of judicial review nor does it
                                                                                                                                                              extend the time within which petition
                                                III. Statutory and Executive Order                        The EPA interprets Executive Order                  for judicial review may be filed, and
                                                Reviews                                                 13045 as applying only to those                       shall not postpone the effectiveness of
                                                   This action defers sanctions and                     regulatory actions that concern                       such rule or action. This action may not
                                                imposes no additional requirements.                     environmental health or safety risks that             be challenged later in proceedings to
                                                                                                        the EPA has reason to believe may                     enforce its requirements (see CAA
                                                A. Executive Order 12866: Regulatory                    disproportionately affect children, per
                                                Planning and Review and Executive                                                                             section 307(b)(2)).
                                                                                                        the definition of ‘‘covered regulatory
                                                Order 13563: Improving Regulation and                   action’’ in section 2–202 of the                      List of Subjects in 40 CFR Part 52
                                                Regulatory Review                                       Executive Order. This rule is not subject
                                                  This action is not a significant                      to Executive Order 13045 because it                     Environmental protection,
                                                regulatory action and was therefore not                 does not concern an environmental                     Administrative practice and procedure,
                                                submitted to the Office of Management                   health risk or safety risk.                           Air pollution control, Carbon monoxide,
                                                and Budget (OMB) for review.                                                                                  Incorporation by reference,
                                                                                                        H. Executive Order 13211: Actions That                Intergovernmental relations, Lead,
                                                B. Paperwork Reduction Act (PRA)                        Significantly Affect Energy Supply,                   Nitrogen dioxide, Ozone, Particulate
                                                  This action does not impose an                        Distribution, or Use                                  matter, Reporting and recordkeeping
                                                information collection burden under the                                                                       requirements, Sulfur dioxide, Volatile
                                                                                                          This rule is not subject to Executive
                                                PRA. This action defers sanctions and                                                                         organic compounds.
                                                                                                        Order 13211, because it is not a
                                                imposes no new requirements.
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        significant regulatory action under                     Authority: 42 U.S.C. 7401 et seq.
                                                C. Regulatory Flexibility Act (RFA)                     Executive Order 12866.                                  Dated: May 16, 2017.
                                                   I certify that this action will not have             I. National Technology Transfer and                   Alexis Strauss,
                                                a significant economic impact on a                      Advancement Act                                       Acting Regional Administrator, Region IX.
                                                substantial number of small entities
                                                                                                                                                              [FR Doc. 2017–10942 Filed 5–31–17; 8:45 am]
                                                under the RFA. This action will not                       This rulemaking does not involve
                                                impose any requirements on small                        technical standards.                                  BILLING CODE 6560–50–P




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Document Created: 2017-06-01 03:05:25
Document Modified: 2017-06-01 03:05:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule.
DatesThis interim final determination is effective on June 1, 2017. However, comments will be accepted until July 3, 2017.
ContactLisa Beckham, EPA Region 9, (415) 972- 3811, [email protected]
FR Citation82 FR 25203 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds

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