82_FR_44921 82 FR 44736 - Finding of Failure To Submit State Implementation Plans Required for the 2008 8-Hour Ozone NAAQS; California; Sacramento Metro

82 FR 44736 - Finding of Failure To Submit State Implementation Plans Required for the 2008 8-Hour Ozone NAAQS; California; Sacramento Metro

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 185 (September 26, 2017)

Page Range44736-44738
FR Document2017-20445

The Environmental Protection Agency (EPA) is taking final action finding that the state of California has failed to submit State Implementation Plans (SIPs) to satisfy certain requirements of the Clean Air Act (CAA) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or ``standards''). Under the CAA and EPA's implementing regulations, states with nonattainment areas classified as Moderate, Serious, Severe or Extreme were required to submit by July 20, 2016, SIPs demonstrating reasonable further progress (RFP) and attainment of the 2008 8-hour ozone standard as expeditiously as practicable but no later than the applicable dates established in the implementing regulations. States were also required to submit contingency plans to be triggered if attainment or RFP milestones were not met. The EPA is by this action making a finding of failure to submit attainment demonstration, attainment demonstration contingency, RFP, and RFP contingency SIPs for the Sacramento Metro nonattainment area. If the EPA has not affirmatively found that the state has submitted the required plans within 18 months, the offset sanction applies in the area. If within 6 additional months the EPA has still not affirmatively determined that the state has submitted the required plan, the highway funding sanction applies in the area. No later than 2 years after the EPA makes the finding, if the state has not submitted, and EPA has not approved, the required SIP, the EPA must promulgate a Federal Implementation Plan.

Federal Register, Volume 82 Issue 185 (Tuesday, September 26, 2017)
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44736-44738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20445]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0426; FRL-9966-86-Region 9]


Finding of Failure To Submit State Implementation Plans Required 
for the 2008 8-Hour Ozone NAAQS; California; Sacramento Metro

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action finding that the state of California has failed to submit State 
Implementation Plans (SIPs) to satisfy certain requirements of the 
Clean Air Act (CAA) for the 2008 8-hour ozone National Ambient Air 
Quality Standards (NAAQS or ``standards''). Under the CAA and EPA's 
implementing regulations, states with nonattainment areas classified as 
Moderate, Serious, Severe or Extreme were required to submit by July 
20, 2016, SIPs demonstrating reasonable further progress (RFP) and 
attainment of the 2008 8-hour ozone standard as expeditiously as 
practicable but no later than the applicable dates established in the 
implementing regulations. States were also required to submit 
contingency plans to be triggered if attainment or RFP milestones were 
not met. The EPA is by this action making a finding of failure to 
submit attainment demonstration, attainment demonstration contingency, 
RFP, and RFP contingency SIPs for the Sacramento Metro nonattainment 
area. If the EPA has not affirmatively found that the state has 
submitted the required plans within 18 months, the offset sanction 
applies in the area. If within 6 additional months the EPA has still 
not affirmatively determined that the state has submitted the required 
plan, the highway funding sanction applies in the area. No later than 2 
years after the EPA makes the finding, if the state has not submitted, 
and EPA has not approved, the required SIP, the EPA must promulgate a 
Federal Implementation Plan.

DATES: This action will be effective on October 26, 2017.

FOR FURTHER INFORMATION CONTACT: Laura Lawrence, EPA Region IX, (415) 
972-3407, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Notice and Comment Under the Administrative Procedure Act (APA)

    Section 553 of the APA, 5 U.S.C. 553(b)(3)(B), provides that, when 
an agency for good cause finds that notice and public procedure are 
impracticable, unnecessary or contrary to the public interest, the 
agency may issue a rule without providing notice and an opportunity for 
public comment. The EPA has determined that there is good cause for 
making this final agency action without prior proposal and opportunity 
for comment because no significant EPA judgment is involved in making a 
finding of failure to submit SIPs, or elements of SIPs, required by the 
CAA, where states have made no submission or incomplete submissions, to 
meet the requirement. Thus, notice and public procedures are 
unnecessary. The EPA finds that this constitutes good cause under 5 
U.S.C. 553(b)(3)(B).

I. Background and Overview

A. Statutory Requirements

    On March 27, 2008, the EPA issued its final action to revise the 
NAAQS for ozone to establish new 8-hour standards.\1\ In that action, 
the EPA promulgated identical revised primary and secondary ozone 
standards, designed to protect public health and welfare, of 0.075 
parts per million (ppm).\2\ Those standards are met when the 3-year 
average of the annual fourth highest daily maximum 8-hour average ozone 
concentration is less than or equal to 0.075 ppm.\3\
---------------------------------------------------------------------------

    \1\ 73 FR 16436.
    \2\ Since the 2008 primary and secondary NAAQS for ozone are 
identical, for convenience, we refer to both as ``the 2008 ozone 
NAAQS'' or ``the 2008 ozone standard.''
    \3\ 40 CFR 50.15.
---------------------------------------------------------------------------

    Promulgation of a revised NAAQS triggers a requirement for the EPA 
to designate areas of the country as nonattainment, attainment or 
unclassifiable for the standards. For the ozone NAAQS, this also 
involves classifying any nonattainment areas at the time of 
designation.\4\ Ozone nonattainment areas are classified based on the 
severity of their ozone levels (as determined based on the area's 
``design value,'' which represents air quality in the area for the most 
recent three years). The possible classifications for ozone 
nonattainment areas are Marginal, Moderate, Serious, Severe, and 
Extreme.\5\ Nonattainment areas with a ``lower'' classification have 
ozone levels that are closer to the standard than areas with a 
``higher'' classification.\6\
---------------------------------------------------------------------------

    \4\ CAA sections 107(d)(1) and 181(a)(1).
    \5\ CAA section 181(a)(1).
    \6\ See 40 CFR 51.1103 for the design value thresholds for each 
classification for the 2008 ozone NAAQS.
---------------------------------------------------------------------------

    On May 21, 2012 and June 11, 2012, the EPA issued rules designating 
areas throughout the country as nonattainment, attainment, or 
unclassifiable for the 2008 ozone NAAQS, effective July 20, 2012, and 
establishing classifications for the

[[Page 44737]]

designated nonattainment areas.\7\ The Sacramento Metro \8\ area was 
designated nonattainment with a classification of Severe. Areas 
designated nonattainment for the ozone NAAQS are subject to the general 
nonattainment area planning requirements of CAA section 172 and also to 
the ozone-specific planning requirements of CAA section 182.
---------------------------------------------------------------------------

    \7\ 77 FR 30088 (May 21, 2012) and 77 FR 34221 (June 11, 2012).
    \8\ The Sacramento Metro area consists of Sacramento and Yolo 
counties and portions of El Dorado, Placer, Solano and Sutter 
counties. For a precise description of the geographic boundaries of 
the Sacramento Metro area, see 40 CFR 81.305. Sacramento County is 
under the jurisdiction of the Sacramento Metropolitan Air Quality 
Management District. Yolo County and the eastern portion of Solano 
County comprise the Yolo-Solano AQMD. Sutter County is part of the 
Feather River AQMD. The Placer County Air Pollution Control District 
and the El Dorado County AQMD have jurisdiction over their 
respective counties.
---------------------------------------------------------------------------

    Ozone nonattainment areas in the lower classification levels have 
fewer and/or less stringent mandatory air quality planning and control 
requirements than those in higher classifications. For a Marginal area, 
a state is required to submit a baseline emission inventory, a rule 
requiring emissions statements from stationary sources, and a 
Nonattainment New Source Review (NNSR) program for the relevant ozone 
standard.\9\ For each higher ozone nonattainment classification, a 
state needs to comply with all lower area classification requirements, 
plus additional emissions controls and more expansive NNSR offset 
requirements. For areas classified Serious and above, a state needs to 
comply with the Marginal and Moderate area requirements, plus 
additional submittal requirements, including: A demonstration (based on 
photochemical modeling) showing the area will attain by the applicable 
attainment date; a demonstration that the area will reduce emissions by 
certain prescribed percentages averaged over each consecutive 3-year 
period until the attainment date; and contingency plans that are 
triggered in the event that the attainment date or an RFP milestone is 
not met.\10\
---------------------------------------------------------------------------

    \9\ CAA section 182(a).
    \10\ CAA sections 172(c)(9), 182(c)(2)(A) and (B), and 
182(c)(9).
---------------------------------------------------------------------------

    On March 6, 2015, the EPA established a final implementation rule 
for the 2008 ozone NAAQS (``2008 Ozone SIP Requirements Rule'').\11\ 
The purpose of that action was to detail the requirements applicable to 
ozone nonattainment areas and provide specific deadlines for SIP 
submittals. For areas classified Serious and above, the required 
submission of SIP revisions providing for an attainment demonstration, 
RFP demonstrations, and attainment and RFP contingency measures was due 
4 years after the effective date of area designation (i.e., July 20, 
2016).\12\
---------------------------------------------------------------------------

    \11\ 80 FR 12264.
    \12\ 40 CFR 51.1108(b) and 40 CFR 51.1110.
---------------------------------------------------------------------------

B. Consequences of Findings of Failure To Submit

    For plan requirements under subpart D, title I of the CAA, such as 
those for ozone nonattainment areas, if the EPA finds that a state has 
failed to make the required SIP submittal or that a submitted SIP is 
incomplete, then CAA section 179(a) establishes specific consequences, 
including the eventual imposition of mandatory sanctions for the 
affected area. Additionally, such a finding triggers an obligation 
under CAA section 110(c) for the EPA to promulgate a FIP no later than 
2 years from the finding of failure to submit a complete SIP, if the 
affected state has not submitted, and the EPA has not approved, the 
required SIP submittal.
    If the EPA has not affirmatively determined that a state has 
submitted a complete SIP addressing the deficiency that is the basis 
for the finding within 18 months of the effective date of this 
rulemaking, then pursuant to CAA section 179(a) and (b) and 40 CFR 
52.31, the offset sanction identified in CAA section 179(b)(2) will 
apply in the affected nonattainment area. If the EPA has not 
affirmatively determined that the state has submitted a complete SIP 
addressing the deficiency that is the basis for the finding within 6 
months after the offset sanction is imposed, 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. If the state does not make 
the required SIP submittal and the EPA does not take final action to 
approve the submittal within 2 years of the effective date of these 
findings, the EPA is required to promulgate a FIP, pursuant to CAA 
section 179(a) and 40 CFR 52.31 for the affected nonattainment area.

II. Final Action

    We have yet to receive the required ozone SIP revision submittal 
from California for the Sacramento Metro area, and the submittal is 
more than six-months past due. The EPA is finding that California has 
failed to submit a SIP revision providing for an attainment 
demonstration, RFP demonstrations, and contingency measures (for 
attainment or RFP) for the 2008 ozone NAAQS for the Sacramento Metro 
area as required under subparts 1 and 2 of part D of title 1 of the CAA 
and the 2008 Ozone SIP Requirements Rule. The consequences of this 
finding is discussed above in section I.B. of this document.

III. 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 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 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 sections 172 and 182 which address the statutory 
requirements that apply to areas designated as nonattainment for the 
ozone NAAQS.

C. 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 California has not submitted the necessary SIP 
revisions.

D. 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.

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 rule finds that California has failed to 
submit SIP revisions that satisfy certain

[[Page 44738]]

nonattainment area planning requirements under sections 172 and 182 of 
the CAA for the 2008 ozone NAAQS for the Sacramento Metro area. No 
tribe is subject to the requirement to submit an implementation plan 
under section 172 or under subpart 2 of part D of Title I of the CAA. 
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern health or safety risks that the EPA has 
reason to believe may disproportionately affect children, per the 
definition of ``covered regulatory action'' in section 2-202 of the 
Executive Order. This action is not subject to Executive Order 13045 
because it is a finding that California has failed to submit certain 
SIP revisions that satisfy the nonattainment area planning requirements 
under sections 172 and 182 of the CAA for the 2008 ozone NAAQS for the 
Sacramento Metro area and does not directly or disproportionately 
affect children.

H. 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.

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 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 California has failed to 
submit SIP revisions that satisfy certain nonattainment area planning 
requirements under sections 172 and 182 of the CAA for the 2008 ozone 
NAAQS for the Sacramento Metro area, this action does not directly 
affect the level of protection provided to human health or the 
environment.

J. Congressional Review Act (CRA)

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

L. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 27, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Dated: August 14, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-20445 Filed 9-25-17; 8:45 am]
 BILLING CODE 6560-50-P



                                             44736            Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations

                                                                                          EPA—APPROVED MINNESOTA REGULATIONS—Continued
                                                                                                                 State effective
                                                 Minnesota citation                   Title/subject                                               EPA approval date                          Comments
                                                                                                                      date

                                                     *                            *                    *                      *                       *                 *                             *
                                             7007.3000 .................   Prevention of Significant Dete-           11/26/2007      9/26/2017 [insert Federal Register cita-
                                                                             rioration of Air Quality.                                 tion].

                                                        *                        *                       *                      *                       *                      *                      *



                                             *     *     *    *     *                                  than the applicable dates established in              The EPA finds that this constitutes good
                                             ■ 3. Section 52.1234 is revised to read                   the implementing regulations. States                  cause under 5 U.S.C. 553(b)(3)(B).
                                             as follows:                                               were also required to submit
                                                                                                                                                             I. Background and Overview
                                                                                                       contingency plans to be triggered if
                                             § 52.1234      Significant deterioration of air           attainment or RFP milestones were not                 A. Statutory Requirements
                                             quality.
                                                                                                       met. The EPA is by this action making
                                               (a) The requirements of sections 160                    a finding of failure to submit attainment                On March 27, 2008, the EPA issued its
                                             through 165 of the Clean Air Act are                      demonstration, attainment                             final action to revise the NAAQS for
                                             met, except for sources seeking permits                   demonstration contingency, RFP, and                   ozone to establish new 8-hour
                                             to locate in Indian country within the                    RFP contingency SIPs for the                          standards.1 In that action, the EPA
                                             State of Minnesota.                                       Sacramento Metro nonattainment area.                  promulgated identical revised primary
                                               (b) Regulations for the prevention of                   If the EPA has not affirmatively found                and secondary ozone standards,
                                             the significant deterioration of air                      that the state has submitted the required             designed to protect public health and
                                             quality. The provisions of § 52.21 except                 plans within 18 months, the offset                    welfare, of 0.075 parts per million
                                             paragraph (a)(1) are hereby incorporated                  sanction applies in the area. If within 6             (ppm).2 Those standards are met when
                                             and made a part of the applicable State                                                                         the 3-year average of the annual fourth
                                                                                                       additional months the EPA has still not
                                             plan for the State of Minnesota for                                                                             highest daily maximum 8-hour average
                                                                                                       affirmatively determined that the state
                                             sources wishing to locate in Indian                                                                             ozone concentration is less than or
                                                                                                       has submitted the required plan, the
                                             country; and sources constructed under                                                                          equal to 0.075 ppm.3
                                                                                                       highway funding sanction applies in the
                                             permits issued by EPA.                                                                                             Promulgation of a revised NAAQS
                                                                                                       area. No later than 2 years after the EPA
                                             [FR Doc. 2017–20443 Filed 9–25–17; 8:45 am]               makes the finding, if the state has not               triggers a requirement for the EPA to
                                             BILLING CODE 6560–50–P                                    submitted, and EPA has not approved,                  designate areas of the country as
                                                                                                       the required SIP, the EPA must                        nonattainment, attainment or
                                                                                                       promulgate a Federal Implementation                   unclassifiable for the standards. For the
                                             ENVIRONMENTAL PROTECTION                                  Plan.                                                 ozone NAAQS, this also involves
                                             AGENCY                                                                                                          classifying any nonattainment areas at
                                                                                                       DATES:This action will be effective on                the time of designation.4 Ozone
                                             40 CFR Part 52                                            October 26, 2017.                                     nonattainment areas are classified based
                                             [EPA–R09–OAR–2017–0426; FRL–9966–86-                      FOR FURTHER INFORMATION CONTACT:                      on the severity of their ozone levels (as
                                             Region 9]                                                                                                       determined based on the area’s ‘‘design
                                                                                                       Laura Lawrence, EPA Region IX, (415)
                                                                                                       972–3407, lawrence.laura@epa.gov.                     value,’’ which represents air quality in
                                             Finding of Failure To Submit State                                                                              the area for the most recent three years).
                                             Implementation Plans Required for the                     SUPPLEMENTARY INFORMATION:                            The possible classifications for ozone
                                             2008 8-Hour Ozone NAAQS; California;                      Throughout this document, ‘‘we,’’ ‘‘us’’              nonattainment areas are Marginal,
                                             Sacramento Metro                                          and ‘‘our’’ refer to the EPA.                         Moderate, Serious, Severe, and
                                             AGENCY:  Environmental Protection                         Notice and Comment Under the                          Extreme.5 Nonattainment areas with a
                                             Agency (EPA).                                             Administrative Procedure Act (APA)                    ‘‘lower’’ classification have ozone levels
                                             ACTION: Final rule.                                                                                             that are closer to the standard than areas
                                                                                                         Section 553 of the APA, 5 U.S.C.                    with a ‘‘higher’’ classification.6
                                             SUMMARY:   The Environmental Protection                   553(b)(3)(B), provides that, when an                     On May 21, 2012 and June 11, 2012,
                                             Agency (EPA) is taking final action                       agency for good cause finds that notice               the EPA issued rules designating areas
                                             finding that the state of California has                  and public procedure are impracticable,               throughout the country as
                                             failed to submit State Implementation                     unnecessary or contrary to the public                 nonattainment, attainment, or
                                             Plans (SIPs) to satisfy certain                           interest, the agency may issue a rule                 unclassifiable for the 2008 ozone
                                             requirements of the Clean Air Act (CAA)                   without providing notice and an                       NAAQS, effective July 20, 2012, and
                                             for the 2008 8-hour ozone National                        opportunity for public comment. The                   establishing classifications for the
                                             Ambient Air Quality Standards                             EPA has determined that there is good
                                             (NAAQS or ‘‘standards’’). Under the                       cause for making this final agency                      1 73 FR 16436.
                                             CAA and EPA’s implementing                                action without prior proposal and                       2 Since  the 2008 primary and secondary NAAQS
                                             regulations, states with nonattainment                    opportunity for comment because no                    for ozone are identical, for convenience, we refer to
Pmangrum on DSK3GDR082PROD with RULES




                                             areas classified as Moderate, Serious,                    significant EPA judgment is involved in               both as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008
                                             Severe or Extreme were required to                        making a finding of failure to submit                 ozone standard.’’
                                                                                                                                                               3 40 CFR 50.15.
                                             submit by July 20, 2016, SIPs                             SIPs, or elements of SIPs, required by                  4 CAA sections 107(d)(1) and 181(a)(1).
                                             demonstrating reasonable further                          the CAA, where states have made no                      5 CAA section 181(a)(1).
                                             progress (RFP) and attainment of the                      submission or incomplete submissions,                   6 See 40 CFR 51.1103 for the design value
                                             2008 8-hour ozone standard as                             to meet the requirement. Thus, notice                 thresholds for each classification for the 2008 ozone
                                             expeditiously as practicable but no later                 and public procedures are unnecessary.                NAAQS.



                                        VerDate Sep<11>2014    15:04 Sep 25, 2017    Jkt 241001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\26SER1.SGM   26SER1


                                                              Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations                                         44737

                                             designated nonattainment areas.7 The                    providing for an attainment                            part D of title 1 of the CAA and the 2008
                                             Sacramento Metro 8 area was designated                  demonstration, RFP demonstrations,                     Ozone SIP Requirements Rule. The
                                             nonattainment with a classification of                  and attainment and RFP contingency                     consequences of this finding is
                                             Severe. Areas designated nonattainment                  measures was due 4 years after the                     discussed above in section I.B. of this
                                             for the ozone NAAQS are subject to the                  effective date of area designation (i.e.,              document.
                                             general nonattainment area planning                     July 20, 2016).12
                                                                                                                                                            III. Statutory and Executive Order
                                             requirements of CAA section 172 and
                                                                                                     B. Consequences of Findings of Failure                 Reviews
                                             also to the ozone-specific planning
                                                                                                     To Submit
                                             requirements of CAA section 182.                                                                               A. Executive Order 12866: Regulatory
                                                Ozone nonattainment areas in the                        For plan requirements under subpart                 Planning and Executive Order 13563:
                                             lower classification levels have fewer                  D, title I of the CAA, such as those for               Improving Regulation and Regulatory
                                             and/or less stringent mandatory air                     ozone nonattainment areas, if the EPA                  Review
                                             quality planning and control                            finds that a state has failed to make the
                                                                                                                                                              This action is not a significant
                                             requirements than those in higher                       required SIP submittal or that a
                                                                                                                                                            regulatory action and was, therefore, not
                                             classifications. For a Marginal area, a                 submitted SIP is incomplete, then CAA
                                                                                                                                                            submitted to the Office of Management
                                             state is required to submit a baseline                  section 179(a) establishes specific
                                                                                                                                                            and Budget (OMB) for review.
                                             emission inventory, a rule requiring                    consequences, including the eventual
                                             emissions statements from stationary                    imposition of mandatory sanctions for                  B. Paperwork Reduction Act (PRA)
                                             sources, and a Nonattainment New                        the affected area. Additionally, such a                   This action does not impose an
                                             Source Review (NNSR) program for the                    finding triggers an obligation under                   information collection burden under the
                                             relevant ozone standard.9 For each                      CAA section 110(c) for the EPA to                      provisions of the PRA. This final rule
                                             higher ozone nonattainment                              promulgate a FIP no later than 2 years                 does not establish any new information
                                             classification, a state needs to comply                 from the finding of failure to submit a                collection requirement apart from what
                                             with all lower area classification                      complete SIP, if the affected state has                is already required by law. This rule
                                             requirements, plus additional emissions                 not submitted, and the EPA has not                     relates to the requirement in the CAA
                                             controls and more expansive NNSR                        approved, the required SIP submittal.                  for states to submit SIPs under sections
                                             offset requirements. For areas classified                  If the EPA has not affirmatively
                                                                                                                                                            172 and 182 which address the statutory
                                             Serious and above, a state needs to                     determined that a state has submitted a
                                                                                                                                                            requirements that apply to areas
                                             comply with the Marginal and Moderate                   complete SIP addressing the deficiency
                                                                                                                                                            designated as nonattainment for the
                                             area requirements, plus additional                      that is the basis for the finding within
                                                                                                                                                            ozone NAAQS.
                                             submittal requirements, including: A                    18 months of the effective date of this
                                             demonstration (based on photochemical                   rulemaking, then pursuant to CAA                       C. Regulatory Flexibility Act (RFA)
                                             modeling) showing the area will attain                  section 179(a) and (b) and 40 CFR 52.31,                 I certify that this rule will not have a
                                             by the applicable attainment date; a                    the offset sanction identified in CAA                  significant economic impact on a
                                             demonstration that the area will reduce                 section 179(b)(2) will apply in the                    substantial number of small entities
                                             emissions by certain prescribed                         affected nonattainment area. If the EPA                under the RFA. This action will not
                                             percentages averaged over each                          has not affirmatively determined that                  impose any requirements on small
                                             consecutive 3-year period until the                     the state has submitted a complete SIP                 entities. The rule is a finding that
                                             attainment date; and contingency plans                  addressing the deficiency that is the                  California has not submitted the
                                             that are triggered in the event that the                basis for the finding within 6 months                  necessary SIP revisions.
                                             attainment date or an RFP milestone is                  after the offset sanction is imposed, then
                                             not met.10                                              the highway funding sanction will                      D. Unfunded Mandates Reform Act of
                                                On March 6, 2015, the EPA                            apply in the affected nonattainment                    1995 (UMRA)
                                             established a final implementation rule                 area, in accordance with CAA section                      This action does not contain any
                                             for the 2008 ozone NAAQS (‘‘2008                        179(b)(1) and 40 CFR 52.31. If the state               unfunded mandate as described in
                                             Ozone SIP Requirements Rule’’).11 The                   does not make the required SIP                         UMRA 2 U.S.C. 1531–1538, and does
                                             purpose of that action was to detail the                submittal and the EPA does not take                    not significantly or uniquely affect small
                                             requirements applicable to ozone                        final action to approve the submittal                  governments. The action imposes no
                                             nonattainment areas and provide                         within 2 years of the effective date of                enforceable duty on any state, local or
                                             specific deadlines for SIP submittals.                  these findings, the EPA is required to                 tribal governments or the private sector.
                                             For areas classified Serious and above,                 promulgate a FIP, pursuant to CAA
                                             the required submission of SIP revisions                section 179(a) and 40 CFR 52.31 for the                E. Executive Order 13132: Federalism
                                                                                                     affected nonattainment area.                             This action does not have federalism
                                                7 77 FR 30088 (May 21, 2012) and 77 FR 34221                                                                implications. It will not have substantial
                                             (June 11, 2012).                                        II. Final Action
                                                                                                                                                            direct effects on the states, on the
                                                8 The Sacramento Metro area consists of
                                                                                                        We have yet to receive the required                 relationship between the national
                                             Sacramento and Yolo counties and portions of El
                                             Dorado, Placer, Solano and Sutter counties. For a
                                                                                                     ozone SIP revision submittal from                      government and the states, or on the
                                             precise description of the geographic boundaries of     California for the Sacramento Metro                    distribution of power and
                                             the Sacramento Metro area, see 40 CFR 81.305.           area, and the submittal is more than six-              responsibilities among the various
                                             Sacramento County is under the jurisdiction of the      months past due. The EPA is finding                    levels of government.
                                             Sacramento Metropolitan Air Quality Management
                                             District. Yolo County and the eastern portion of
                                                                                                     that California has failed to submit a SIP
                                                                                                     revision providing for an attainment                   F. Executive Order 13175: Consultation
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                                             Solano County comprise the Yolo-Solano AQMD.
                                             Sutter County is part of the Feather River AQMD.        demonstration, RFP demonstrations,                     and Coordination With Indian Tribal
                                             The Placer County Air Pollution Control District        and contingency measures (for                          Governments
                                             and the El Dorado County AQMD have jurisdiction                                                                  This action does not have tribal
                                             over their respective counties.
                                                                                                     attainment or RFP) for the 2008 ozone
                                                9 CAA section 182(a).                                NAAQS for the Sacramento Metro area                    implications as specified in Executive
                                                10 CAA sections 172(c)(9), 182(c)(2)(A) and (B),     as required under subparts 1 and 2 of                  Order 13175. This rule finds that
                                             and 182(c)(9).                                                                                                 California has failed to submit SIP
                                                11 80 FR 12264.                                        12 40   CFR 51.1108(b) and 40 CFR 51.1110.           revisions that satisfy certain


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                                             44738            Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations

                                             nonattainment area planning                             Fairness Act of 1996, generally provides              SUMMARY:    The Environmental Protection
                                             requirements under sections 172 and                     that before a rule may take effect, the               Agency (EPA) is taking final action to
                                             182 of the CAA for the 2008 ozone                       agency promulgating the rule must                     approve 20 negative declarations for
                                             NAAQS for the Sacramento Metro area.                    submit a rule report, which includes a                four designated facility classes in all
                                             No tribe is subject to the requirement to               copy of the rule, to each House of the                Region 8 states. First, the EPA is
                                             submit an implementation plan under                     Congress and to the Comptroller General               approving negative declarations from
                                             section 172 or under subpart 2 of part                  of the United States. The EPA will                    Colorado, Montana, North Dakota,
                                             D of Title I of the CAA. Thus, Executive                submit a report containing this action                South Dakota and Wyoming for existing
                                             Order 13175 does not apply to this                      and other required information to the                 small municipal waste combustor
                                             action.                                                 U.S. Senate, the U.S. House of                        (MWC) units. Second, the EPA is
                                                                                                     Representatives, and the Comptroller                  approving negative declarations from
                                             G. Executive Order 13045: Protection of                                                                       Colorado, Montana, North Dakota,
                                                                                                     General of the United States prior to
                                             Children From Environmental Health                                                                            South Dakota, Utah and Wyoming for
                                                                                                     publication of the rule in the Federal
                                             and Safety Risks                                                                                              existing large MWC units. Third, the
                                                                                                     Register. A major rule cannot take effect
                                               The EPA interprets Executive Order                    until 60 days after it is published in the            EPA is approving negative declarations
                                             13045 as applying only to those                         Federal Register. This action is not a                from Montana, South Dakota, Utah and
                                             regulatory actions that concern health or               ‘‘major rule’’ as defined by 5 U.S.C.                 Wyoming for existing commercial and
                                             safety risks that the EPA has reason to                 804(2).                                               industrial solid waste incineration
                                             believe may disproportionately affect                                                                         (CISWI) units. Fourth, the EPA is
                                             children, per the definition of ‘‘covered               L. Judicial Review                                    approving negative declarations from
                                             regulatory action’’ in section 2–202 of                   Under section 307(b)(1) of the Clean                Montana, North Dakota, South Dakota,
                                             the Executive Order. This action is not                 Air Act, petitions for judicial review of             Utah and Wyoming for existing other
                                             subject to Executive Order 13045                        this action must be filed in the United               solid waste incineration (OSWI) units.
                                             because it is a finding that California                 States Court of Appeals for the                       Each of the negative declaration letters
                                             has failed to submit certain SIP                        appropriate circuit by November 27,                   approved in this final rulemaking action
                                             revisions that satisfy the nonattainment                2017. Filing a petition for                           is a certified statement from the issuing
                                             area planning requirements under                        reconsideration by the Administrator of               state that there are no existing
                                             sections 172 and 182 of the CAA for the                 this final rule does not affect the finality          designated facilities of the source
                                             2008 ozone NAAQS for the Sacramento                     of this action for the purposes of judicial           category specified in the negative
                                             Metro area and does not directly or                     review nor does it extend the time                    declaration, within the jurisdiction of
                                             disproportionately affect children.                     within which a petition for judicial                  that state, which would require the
                                                                                                     review may be filed, and shall not                    development of a Clean Air Act (CAA)
                                             H. Executive Order 13211: Actions That                                                                        section 111(d)/129 state plan. These
                                             Significantly Affect Energy Supply,                     postpone the effectiveness of such rule
                                                                                                     or action. This action may not be                     approved negative declarations will
                                             Distribution or Use                                                                                           serve in lieu of a state plan unless a
                                                                                                     challenged later in proceedings to
                                               This action is not subject to Executive               enforce its requirements (see section                 previously unknown facility falling
                                             Order 13211, because it is not a                        307(b)(2)).                                           under these particular emissions
                                             significant regulatory action under                                                                           guidelines is identified and
                                             Executive Order 12866.                                  List of Subjects in 40 CFR Part 52                    development of a state plan becomes
                                                                                                       Environmental protection, Air                       necessary.
                                             I. National Technology Transfer and
                                             Advancement Act                                         pollution control, Incorporation by                   DATES: This rule is effective October 26,
                                                                                                     reference, Intergovernmental relations,               2017.
                                                This rulemaking does not involve                     Ozone, Reporting and recordkeeping                    ADDRESSES: The EPA has established a
                                             technical standards.                                    requirements.                                         docket for this action under Docket ID
                                             J. Executive Order 12898: Federal                         Dated: August 14, 2017.                             No. EPA–R08–OAR–2017–0171. All
                                             Actions To Address Environmental                        Deborah Jordan,                                       documents in the docket are listed on
                                             Justice in Minority Populations and                     Acting Regional Administrator, Region IX.             the https://www.regulations.gov Web
                                             Low-Income Populations                                  [FR Doc. 2017–20445 Filed 9–25–17; 8:45 am]
                                                                                                                                                           site. Although listed in the index, some
                                                The EPA believes the human health or                                                                       information is not publicly available,
                                                                                                     BILLING CODE 6560–50–P
                                             environmental risk addressed by this                                                                          e.g., CBI or other information whose
                                             action will not have potential                                                                                disclosure is restricted by statute.
                                             disproportionately high and adverse                     ENVIRONMENTAL PROTECTION                              Certain other material, such as
                                             human health or environmental effects                   AGENCY                                                copyrighted material, is not placed on
                                             on minority, low-income, or indigenous                                                                        the Internet and will be publicly
                                             populations. In finding that California                 40 CFR Part 62                                        available only in hard copy form.
                                             has failed to submit SIP revisions that                                                                       Publicly available docket materials are
                                                                                                     [EPA–R08–OAR–2017–0171; FRL–9968–11–                  available through Regulations.gov, or
                                             satisfy certain nonattainment area
                                                                                                     Region 8]                                             please contact the person identified in
                                             planning requirements under sections
                                                                                                                                                           the FOR FURTHER INFORMATION CONTACT
                                             172 and 182 of the CAA for the 2008
                                                                                                     Approval and Promulgation of State                    section for additional availability
                                             ozone NAAQS for the Sacramento Metro
                                                                                                     Plans for Designated Facilities and                   information.
                                             area, this action does not directly affect
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                                                                                                     Pollutants: Colorado, Montana, North                  FOR FURTHER INFORMATION CONTACT:
                                             the level of protection provided to
                                                                                                     Dakota, South Dakota, Utah, and                       Gregory Lohrke, Air Program, U.S.
                                             human health or the environment.
                                                                                                     Wyoming; Negative Declarations                        Environmental Protection Agency
                                             J. Congressional Review Act (CRA)                                                                             (EPA), Region 8, Mail Code 8P–AR,
                                                                                                     AGENCY:  Environmental Protection
                                                The Congressional Review Act, 5                      Agency (EPA).                                         1595 Wynkoop Street, Denver, Colorado
                                             U.S.C. 801 et seq., as added by the Small                                                                     80202–1129, (303) 312–6396,
                                                                                                     ACTION: Final rule.
                                             Business Regulatory Enforcement                                                                               lohrke.gregory@epa.gov.


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Document Created: 2017-09-26 02:48:31
Document Modified: 2017-09-26 02:48:31
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
ActionFinal rule.
DatesThis action will be effective on October 26, 2017.
ContactLaura Lawrence, EPA Region IX, (415) 972-3407, [email protected]
FR Citation82 FR 44736 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements

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