82_FR_47111 82 FR 46917 - Interim Final Determination To Defer Sanctions; California; Los Angeles-South Coast Air Basin

82 FR 46917 - Interim Final Determination To Defer Sanctions; California; Los Angeles-South Coast Air Basin

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 194 (October 10, 2017)

Page Range46917-46919
FR Document2017-21611

The Environmental Protection Agency (EPA) is making an interim final determination to defer the imposition of offset and highway sanctions in the Los Angeles-South Coast air basin (``South Coast'') based on a proposed approval of revisions to the South Coast portion of the California State Implementation Plan (SIP) published elsewhere in this Federal Register. The revisions concern Clean Air Act (CAA) reasonably available control measures/reasonably available control technology (RACM/RACT) and reasonable further progress (RFP) requirements for the 2006 24-hour fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS) in the South Coast.

Federal Register, Volume 82 Issue 194 (Tuesday, October 10, 2017)
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46917-46919]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21611]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0204; FRL-9969-03-Region 9]


Interim Final Determination To Defer Sanctions; California; Los 
Angeles-South Coast Air Basin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making an interim 
final determination to defer the imposition of offset and highway 
sanctions in the Los Angeles-South Coast air basin (``South Coast'') 
based on a proposed approval of revisions to the South Coast portion of 
the California State Implementation Plan (SIP) published elsewhere in 
this Federal Register. The revisions concern Clean Air Act (CAA) 
reasonably available control measures/reasonably available control 
technology (RACM/RACT) and reasonable further progress (RFP) 
requirements for the 2006 24-hour fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS) in 
the South Coast.

DATES: This interim final determination is effective on October 10, 
2017. However, comments will be accepted until November 9, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2015-0204 at http://www.regulations.gov, or via email to Wienke 
Tax, Air Planning Office, at [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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 947-4192, 
[email protected].

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

I. Background

    On April 14, 2016 (80 FR 22025), we published a final action to 
partially approve and partially disapprove SIP revisions submitted by 
California to address CAA Moderate area attainment plan requirements 
for the 2006 24-hour PM2.5 NAAQS in the South Coast 
nonattainment area (``2012 PM2.5 Plan''). As part of that 
action, we disapproved two elements of the 2012 PM2.5 Plan 
because they did not fully meet the requirements for RACM/RACT-level 
controls under sections 189(a)(1)(C) and 172(c)(1) of the CAA and thus 
also did not meet the requirement for RFP under section 172(c)(2) of 
the CAA. This disapproval action became effective on May 16, 2016, and 
started a sanctions clock for imposition of offset sanctions 18 months 
after May 16, 2016, and highway sanctions 6 months later, pursuant to 
CAA section 179 and our regulations at 40 CFR 52.31. Therefore, offset 
sanctions will apply on November 16, 2017, and highway sanctions will 
apply on May 16, 2018, unless the EPA determines that the deficiencies 
forming the bases for the disapprovals have been corrected.
    On March 17, 2017, the State of California submitted, as a revision 
to the California SIP, amendments to the South Coast Air Quality 
Management District's (SCAQMD or ``District'') Regional Clean Air 
Incentives Market (RECLAIM) program, which consists of SCAQMD rules 
2000 to 2020 and applies to stationary sources that emit at least four 
tons per year of nitrogen oxides or sulfur oxides in the South Coast. 
Additionally, on May 22, 2017, CARB submitted the SCAQMD's public draft 
version of the ``Supplemental RACM/RACT Analysis for the 2006 24-Hour 
PM2.5 and 2008 8-Hour Ozone Standards'' (``2017 RACT 
Supplement'').\1\ We proposed to approve the revised RECLAIM rules on 
June 6, 2017 (82 FR 25996), and fully approved these rules on September 
14, 2017 (82 FR 43176). We proposed to approve the 2017 RACT Supplement 
on June 15, 2017 (82 FR 27451), and fully approved it on September 20, 
2017 (82 FR 43850).\2\
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    \1\ California submitted the 2017 RACT Supplement to address 
deficiencies identified in both the EPA's April 14, 2016 partial 
disapproval of the 2012 PM2.5 Plan and the EPA's separate 
proposal to partially disapprove the District's ``2016 AQMP 
Reasonably Available Control Technology (RACT) Demonstration,'' 
which California had submitted to address RACT requirements under 
CAA section 182(b) and (f) and 40 CFR 51.1112 for the 2008 ozone 
NAAQS in the South Coast and Coachella Valley nonattainment areas 
(see 82 FR 27451, June 15, 2017).
    \2\ California adopted the 2017 RACT Supplement on July 7, 2017, 
and submitted it to the EPA on July 27, 2017.
---------------------------------------------------------------------------

    In the Proposed Rules section of today's Federal Register, we are 
proposing to approve the RACM/RACT and RFP demonstrations in the 2012 
PM2.5 Plan based on our final approvals of the revised 
RECLAIM rules and the

[[Page 46918]]

2017 RACT Supplement, because we believe these SIP submissions correct 
the deficiencies identified in our April 14, 2016 partial disapproval 
action. Based on today's proposed approval, we are taking this interim 
final rulemaking action, effective on publication, to defer the 
imposition of the offset sanctions and highway sanctions triggered by 
our April 14, 2016 partial disapproval.
    The 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 interim final determination and the 
proposed full approval of the RACM/RACT and RFP demonstrations in the 
2012 PM2.5 Plan, we would take subsequent final action to 
reimpose sanctions pursuant to 40 CFR 52.31(d). If no comments are 
submitted that change our assessment, we will take final action to 
approve the RACM/RACT and RFP demonstrations in the 2012 
PM2.5 Plan, and all sanctions and sanction clocks related to 
the May 16, 2016 disapproval action with respect to these elements of 
the 2012 PM2.5 Plan will be permanently terminated on the 
effective date of the final approval.

II. EPA Action

    We are making an interim final determination to defer the 
imposition of CAA section 179 sanctions associated with our partial 
disapproval of the 2012 PM2.5 Plan based on our concurrent 
proposal to determine that our prior approvals of the District's 
revised RECLAIM rules and 2017 RACT Supplement correct the deficiencies 
that initiated sanctions clocks.
    Because the EPA has preliminarily determined that the State has 
corrected the deficiencies previously identified in the EPA's partial 
disapproval action, relief from sanctions should be provided as quickly 
as possible. Therefore, the EPA is invoking the good cause exception 
under the Administrative Procedure Act (APA) in not providing an 
opportunity for comment before this action takes effect (5 U.S.C. 
553(b)(3)). However, by this action the EPA is providing the public 
with an opportunity 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 revised RECLAIM rules 
and 2017 RACT Supplement and, through a separate action, is proposing 
to find that the State has corrected the deficiencies that started the 
sanctions clocks. Therefore, it is not in the public interest to impose 
sanctions when the State has most likely taken appropriate action to 
correct the deficiencies that triggered the sanctions clocks. Moreover, 
it would be impracticable to go through notice-and-comment rulemaking 
on a finding that the State has corrected the deficiencies prior to the 
rulemaking approving the State's actual submission addressing those 
deficiencies. Therefore, 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 
submission addressing the deficiencies. 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 action is to relieve a restriction (5 U.S.C. 
553(d)(1)).

III. Statutory and Executive Order Reviews

    This action defers federal sanctions and imposes no additional 
requirements. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    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 to Congress and the Comptroller 
General. However, section 808 provides that any rule for which the 
issuing agency for good cause finds that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest, shall take effect at such time as the agency promulgating the 
rule determines. 5 U.S.C. 808(2). EPA has made such good cause finding, 
including the reasons therefore, and established an effective date of 
October 10, 2017. EPA will submit a report containing this rule 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 rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 December 11, 2017. Filing a petition for 
reconsideration by the 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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ammonia,

[[Page 46919]]

Incorporation by reference, Intergovernmental regulations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur dioxide, Volatile organic compounds.

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

    Dated: September 26, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-21611 Filed 10-6-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations                                                           46917

                                                                                                                                  State effective
                                                     Rule No.                                     Rule title                                                Final rule citation, date                Comments
                                                                                                                                       date


                                                                                        *               *            *                *               *           *              *

                                                                                                      R307–202. Emission Standards: General Burning

                                             R307–202 ..................   Emission Standards: General Burning .........                    10/6/2014     Insert Federal Register
                                                                                                                                                            citation], 10/10, 2017.


                                                                                        *               *            *                *               *           *              *



                                             *      *       *       *      *                                Do not submit electronically any                          highway sanctions 6 months later,
                                             [FR Doc. 2017–21612 Filed 10–6–17; 8:45 am]                    information you consider to be                            pursuant to CAA section 179 and our
                                             BILLING CODE 6560–50–P                                         Confidential Business Information (CBI)                   regulations at 40 CFR 52.31. Therefore,
                                                                                                            or other information whose disclosure is                  offset sanctions will apply on November
                                                                                                            restricted by statute. Multimedia                         16, 2017, and highway sanctions will
                                             ENVIRONMENTAL PROTECTION                                       submissions (audio, video, etc.) must be                  apply on May 16, 2018, unless the EPA
                                             AGENCY                                                         accompanied by a written comment.                         determines that the deficiencies forming
                                                                                                            The written comment is considered the                     the bases for the disapprovals have been
                                             40 CFR Part 52                                                 official comment and should include                       corrected.
                                             [EPA–R09–OAR–2015–0204; FRL–9969–03–                           discussion of all points you wish to                        On March 17, 2017, the State of
                                             Region 9]                                                      make. The EPA will generally not                          California submitted, as a revision to the
                                                                                                            consider comments or comment                              California SIP, amendments to the
                                             Interim Final Determination To Defer                           contents located outside of the primary                   South Coast Air Quality Management
                                             Sanctions; California; Los Angeles-                            submission (i.e., on the Web, cloud, or                   District’s (SCAQMD or ‘‘District’’)
                                             South Coast Air Basin                                          other file sharing system). For                           Regional Clean Air Incentives Market
                                             AGENCY:  Environmental Protection                              additional submission methods, please                     (RECLAIM) program, which consists of
                                             Agency (EPA).                                                  contact the person identified in the FOR                  SCAQMD rules 2000 to 2020 and
                                             ACTION: Interim final rule.                                    FURTHER INFORMATION CONTACT section.                      applies to stationary sources that emit at
                                                                                                            For the full EPA public comment policy,                   least four tons per year of nitrogen
                                             SUMMARY:    The Environmental Protection                       information about CBI or multimedia                       oxides or sulfur oxides in the South
                                             Agency (EPA) is making an interim final                        submissions, and general guidance on                      Coast. Additionally, on May 22, 2017,
                                             determination to defer the imposition of                       making effective comments, please visit                   CARB submitted the SCAQMD’s public
                                             offset and highway sanctions in the Los                        http://www2.epa.gov/dockets/                              draft version of the ‘‘Supplemental
                                             Angeles-South Coast air basin (‘‘South                         commenting-epa-dockets.                                   RACM/RACT Analysis for the 2006 24-
                                             Coast’’) based on a proposed approval of                       FOR FURTHER INFORMATION CONTACT:                          Hour PM2.5 and 2008 8-Hour Ozone
                                             revisions to the South Coast portion of                        Wienke Tax, Air Planning Office (AIR–                     Standards’’ (‘‘2017 RACT
                                             the California State Implementation                            2), U.S. Environmental Protection                         Supplement’’).1 We proposed to
                                             Plan (SIP) published elsewhere in this                         Agency, Region IX, (415) 947–4192,                        approve the revised RECLAIM rules on
                                             Federal Register. The revisions concern                        tax.wienke@epa.gov.                                       June 6, 2017 (82 FR 25996), and fully
                                             Clean Air Act (CAA) reasonably                                 SUPPLEMENTARY INFORMATION:                                approved these rules on September 14,
                                             available control measures/reasonably                          Throughout this document, ‘‘we,’’ ‘‘us’’                  2017 (82 FR 43176). We proposed to
                                             available control technology (RACM/                            and ‘‘our’’ refer to the EPA.                             approve the 2017 RACT Supplement on
                                             RACT) and reasonable further progress                                                                                    June 15, 2017 (82 FR 27451), and fully
                                             (RFP) requirements for the 2006 24-hour                        I. Background                                             approved it on September 20, 2017 (82
                                             fine particulate matter (PM2.5) national                         On April 14, 2016 (80 FR 22025), we                     FR 43850).2
                                             ambient air quality standards (NAAQS)                          published a final action to partially                       In the Proposed Rules section of
                                             in the South Coast.                                            approve and partially disapprove SIP                      today’s Federal Register, we are
                                             DATES: This interim final determination                        revisions submitted by California to                      proposing to approve the RACM/RACT
                                             is effective on October 10, 2017.                              address CAA Moderate area attainment                      and RFP demonstrations in the 2012
                                             However, comments will be accepted                             plan requirements for the 2006 24-hour                    PM2.5 Plan based on our final approvals
                                             until November 9, 2017.                                        PM2.5 NAAQS in the South Coast                            of the revised RECLAIM rules and the
                                             ADDRESSES: Submit your comments,                               nonattainment area (‘‘2012 PM2.5 Plan’’).
                                                                                                                                                                        1 California submitted the 2017 RACT
                                             identified by Docket ID No. EPA–R09–                           As part of that action, we disapproved
                                                                                                                                                                      Supplement to address deficiencies identified in
                                             OAR–2015–0204 at http://                                       two elements of the 2012 PM2.5 Plan                       both the EPA’s April 14, 2016 partial disapproval
                                             www.regulations.gov, or via email to                           because they did not fully meet the                       of the 2012 PM2.5 Plan and the EPA’s separate
                                             Wienke Tax, Air Planning Office, at                            requirements for RACM/RACT-level                          proposal to partially disapprove the District’s ‘‘2016
                                             tax.wienke@epa.gov. For comments                               controls under sections 189(a)(1)(C) and                  AQMP Reasonably Available Control Technology
Pmangrum on DSK3GDR082PROD with RULES




                                                                                                                                                                      (RACT) Demonstration,’’ which California had
                                             submitted at Regulations.gov, follow the                       172(c)(1) of the CAA and thus also did                    submitted to address RACT requirements under
                                             online instructions for submitting                             not meet the requirement for RFP under                    CAA section 182(b) and (f) and 40 CFR 51.1112 for
                                             comments. Once submitted, comments                             section 172(c)(2) of the CAA. This                        the 2008 ozone NAAQS in the South Coast and
                                             cannot be removed or edited from                               disapproval action became effective on                    Coachella Valley nonattainment areas (see 82 FR
                                                                                                                                                                      27451, June 15, 2017).
                                             Regulations.gov. For either manner of                          May 16, 2016, and started a sanctions                       2 California adopted the 2017 RACT Supplement
                                             submission, the EPA may publish any                            clock for imposition of offset sanctions                  on July 7, 2017, and submitted it to the EPA on July
                                             comment received to its public docket.                         18 months after May 16, 2016, and                         27, 2017.



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                                             46918            Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations

                                             2017 RACT Supplement, because we                        that started the sanctions clocks.                    be inconsistent with the Clean Air Act;
                                             believe these SIP submissions correct                   Therefore, it is not in the public interest           and
                                             the deficiencies identified in our April                to impose sanctions when the State has                   • Does not provide the EPA with the
                                             14, 2016 partial disapproval action.                    most likely taken appropriate action to               discretionary authority to address
                                             Based on today’s proposed approval, we                  correct the deficiencies that triggered               disproportionate human health or
                                             are taking this interim final rulemaking                the sanctions clocks. Moreover, it would              environmental effects with practical,
                                             action, effective on publication, to defer              be impracticable to go through notice-                appropriate, and legally permissible
                                             the imposition of the offset sanctions                  and-comment rulemaking on a finding                   methods under Executive Order 12898
                                             and highway sanctions triggered by our                  that the State has corrected the                      (59 FR 7629, February 16, 1994).
                                             April 14, 2016 partial disapproval.                     deficiencies prior to the rulemaking                     In addition, the SIP is not approved
                                                The EPA is providing the public with                 approving the State’s actual submission               to apply on any Indian reservation land
                                             an opportunity to comment on this                       addressing those deficiencies.                        or in any other area where the EPA or
                                             deferral of sanctions. If comments are                  Therefore, the EPA believes that it is                an Indian tribe has demonstrated that a
                                             submitted that change our assessment                    necessary to use the interim final                    tribe has jurisdiction. In those areas of
                                             described in this interim final                         rulemaking process to defer sanctions                 Indian country, the rule does not have
                                             determination and the proposed full                     while the EPA completes its rulemaking                tribal implications and will not impose
                                             approval of the RACM/RACT and RFP                       process on the approvability of the                   substantial direct costs on tribal
                                             demonstrations in the 2012 PM2.5 Plan,                  State’s submission addressing the                     governments or preempt tribal law as
                                             we would take subsequent final action                   deficiencies. Moreover, with respect to               specified by Executive Order 13175 (65
                                             to reimpose sanctions pursuant to 40                    the effective date of this action, the EPA            FR 67249, November 9, 2000).
                                             CFR 52.31(d). If no comments are                        is invoking the good cause exception to                  The Congressional Review Act, 5
                                             submitted that change our assessment,                   the 30-day notice requirement of the                  U.S.C. 801 et seq., as added by the Small
                                             we will take final action to approve the                APA because the purpose of this action                Business Regulatory Enforcement
                                             RACM/RACT and RFP demonstrations                        is to relieve a restriction (5 U.S.C.                 Fairness Act of 1996, generally provides
                                             in the 2012 PM2.5 Plan, and all sanctions                                                                     that before a rule may take effect, the
                                                                                                     553(d)(1)).
                                             and sanction clocks related to the May                                                                        agency promulgating the rule must
                                             16, 2016 disapproval action with respect                III. Statutory and Executive Order                    submit a rule report to Congress and the
                                             to these elements of the 2012 PM2.5 Plan                Reviews                                               Comptroller General. However, section
                                             will be permanently terminated on the                      This action defers federal sanctions               808 provides that any rule for which the
                                             effective date of the final approval.                   and imposes no additional                             issuing agency for good cause finds that
                                                                                                                                                           notice and public procedure thereon are
                                             II. EPA Action                                          requirements. For that reason, this
                                                                                                                                                           impracticable, unnecessary, or contrary
                                                                                                     action:
                                                We are making an interim final                                                                             to the public interest, shall take effect at
                                                                                                        • Is not a ‘‘significant regulatory
                                             determination to defer the imposition of                                                                      such time as the agency promulgating
                                             CAA section 179 sanctions associated                    action’’ subject to review by the Office
                                                                                                                                                           the rule determines. 5 U.S.C. 808(2).
                                             with our partial disapproval of the 2012                of Management and Budget under
                                                                                                                                                           EPA has made such good cause finding,
                                             PM2.5 Plan based on our concurrent                      Executive Orders 12866 (58 FR 51735,
                                                                                                                                                           including the reasons therefore, and
                                             proposal to determine that our prior                    October 4, 1993) and 13563 (76 FR 3821,
                                                                                                                                                           established an effective date of October
                                             approvals of the District’s revised                     January 21, 2011);
                                                                                                                                                           10, 2017. EPA will submit a report
                                             RECLAIM rules and 2017 RACT                                • Does not impose an information
                                                                                                                                                           containing this rule and other required
                                             Supplement correct the deficiencies that                collection burden under the provisions
                                                                                                                                                           information to the U.S. Senate, the U.S.
                                             initiated sanctions clocks.                             of the Paperwork Reduction Act (44
                                                                                                                                                           House of Representatives, and the
                                                Because the EPA has preliminarily                    U.S.C. 3501 et seq.);
                                                                                                                                                           Comptroller General of the United
                                             determined that the State has corrected                    • Is certified as not having a                     States prior to publication of the rule in
                                             the deficiencies previously identified in               significant economic impact on a                      the Federal Register. A major rule
                                             the EPA’s partial disapproval action,                   substantial number of small entities                  cannot take effect until 60 days after it
                                             relief from sanctions should be provided                under the Regulatory Flexibility Act (5               is published in the Federal Register.
                                             as quickly as possible. Therefore, the                  U.S.C. 601 et seq.);                                  This rule is not a ‘‘major rule’’ as
                                             EPA is invoking the good cause                             • Does not contain any unfunded                    defined by 5 U.S.C. 804(2).
                                             exception under the Administrative                      mandate or significantly or uniquely                     Under section 307(b)(1) of the CAA,
                                             Procedure Act (APA) in not providing                    affect small governments, as described                petitions for judicial review of this
                                             an opportunity for comment before this                  in the Unfunded Mandates Reform Act                   action must be filed in the United States
                                             action takes effect (5 U.S.C. 553(b)(3)).               of 1995 (Pub. L. 104–4);                              Court of Appeals for the appropriate
                                             However, by this action the EPA is                         • Does not have Federalism                         circuit by December 11, 2017. Filing a
                                             providing the public with an                            implications as specified in Executive                petition for reconsideration by the
                                             opportunity to comment on the EPA’s                     Order 13132 (64 FR 43255, August 10,                  Administrator of this final rule does not
                                             determination after the effective date,                 1999);                                                affect the finality of this rule for the
                                             and the EPA will consider any                              • Is not an economically significant               purpose of judicial review nor does it
                                             comments received in determining                        regulatory action based on health or                  extend the time within which petition
                                             whether to reverse such action.                         safety risks subject to Executive Order               for judicial review may be filed, and
                                                The EPA believes that notice-and-                    13045 (62 FR 19885, April 23, 1997);                  shall not postpone the effectiveness of
                                             comment rulemaking before the                              • Is not a significant regulatory action           such rule or action. This action may not
Pmangrum on DSK3GDR082PROD with RULES




                                             effective date of this action is                        subject to Executive Order 13211 (66 FR               be challenged later in proceedings to
                                             impracticable and contrary to the public                28355, May 22, 2001);                                 enforce its requirements (see section
                                             interest. The EPA has reviewed the                         • Is not subject to requirements of                307(b)(2)).
                                             State’s revised RECLAIM rules and 2017                  section 12(d) of the National
                                             RACT Supplement and, through a                          Technology Transfer and Advancement                   List of Subjects in 40 CFR Part 52
                                             separate action, is proposing to find that              Act of 1995 (15 U.S.C. 272 note) because                Environmental protection, Air
                                             the State has corrected the deficiencies                application of those requirements would               pollution control, Ammonia,


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                                                              Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations                                        46919

                                             Incorporation by reference,                             FOR FURTHER INFORMATION CONTACT:                      described in the amendments set forth
                                             Intergovernmental regulations, Nitrogen                 Jaslyn Dobrahner, Air Program, U.S.                   to 40 CFR part 52 below. The EPA has
                                             dioxide, Particulate matter, Reporting                  Environmental Protection Agency                       made, and will continue to make, these
                                             and recordkeeping requirements, Sulfur                  (EPA), Region 8, Mail Code 8P–AR,                     materials generally available through
                                             dioxide, Volatile organic compounds.                    1595 Wynkoop Street, Denver, Colorado                 www.regulations.gov and/or at the EPA
                                                Authority: 42 U.S.C. 7401 et seq.                    80202–1129, (303) 312–6252,                           Region 8 Office (please contact the
                                                                                                     dobrahner.jaslyn@epa.gov.                             person identified in the FOR FURTHER
                                               Dated: September 26, 2017.                                                                                  INFORMATION CONTACT section of this
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             Alexis Strauss,                                                                                               preamble for more information).
                                             Acting Regional Administrator, Region IX.               I. Background
                                                                                                                                                             Therefore, these materials have been
                                             [FR Doc. 2017–21611 Filed 10–6–17; 8:45 am]                In our notice of proposed rulemaking               approved by the EPA for inclusion in
                                             BILLING CODE 6560–50–P                                  published on July 28, 2017 (82 FR                     the SIP, have been incorporated by
                                                                                                     35153), the EPA proposed to approve                   reference by the EPA into that plan, are
                                                                                                     revisions to Article 33–15 Air Pollution              fully federally enforceable under
                                             ENVIRONMENTAL PROTECTION                                Control rules of the North Dakota                     sections 110 and 113 of the CAA as of
                                             AGENCY                                                  Administrative Code submitted by the                  the effective date of the final rulemaking
                                                                                                     State of North Dakota on January 28,                  of the EPA’s approval, and will be
                                             40 CFR Part 52                                          2013, and April 22, 2014. In this                     incorporated by reference by the
                                                                                                     rulemaking, we are taking final action                Director of the Federal Register in the
                                             [EPA–R08–OAR–2017–0019; FRL–9969–05–
                                             Region 8]                                               on a revision submitted in the January                next update to the SIP compilation.1
                                                                                                     28, 2013 submittal to revise significance
                                                                                                     levels. The North Dakota State Health                 V. Statutory and Executive Orders
                                             Approval and Promulgation of Air                                                                              Review
                                             Quality Implementation Plans; North                     Council adopted those amendments on
                                             Dakota; Revisions to Air Pollution                      August 14, 2012 (effective January 1,                 Under the CAA, the Administrator is
                                             Control Rules                                           2013). In addition, we are also taking             required to approve a SIP submission
                                                                                                     final action on a revision that was                that complies with the provisions of the
                                             AGENCY:  Environmental Protection                       included in the April 22, 2014 submittal           Act and applicable federal regulations
                                             Agency (EPA).                                           to add EPA Reference Method 22 for                 (42 U.S.C. 7410(k), 40 CFR 52.02(a)).
                                             ACTION: Final rule.                                     determining opacity for limits expressed           Thus, in reviewing SIP submissions, the
                                                                                                     as zero percent opacity. The North                 EPA’s role is to approve state choices,
                                             SUMMARY:   The Environmental Protection                 Dakota State Health Council adopted                provided that they meet the criteria of
                                             Agency (EPA) is approving State                         those amendments on February 11, 2014              the CAA. Accordingly, this final action
                                             Implementation Plan (SIP) revisions                     (effective April 1, 2014). The reasons for         merely approves some state law as
                                             submitted by the State of North Dakota                  our approval are provided in detail in             meeting federal requirements; this final
                                             on January 28, 2013, and April 22, 2014.                the proposed rule.                                 action does not impose additional
                                             The revisions are to Article 33–15 Air                                                                     requirements beyond those imposed by
                                             Pollution Control rules of the North                    II. Response to Comments
                                                                                                                                                        state law. For that reason, this final
                                             Dakota Administrative Code. The                            We received no comments on our                  action:
                                             revisions include amendments to add                     proposed rule.                                        • Is not a ‘‘significant regulatory
                                             EPA Reference Method 22 to determine
                                                                                                     III. Final Action                                  action’’ subject to review by the Office
                                             compliance with a visible emissions
                                                                                                                                                        of Management and Budget under
                                             limit, add significance levels for PM2.5,                  For the reasons expressed in the
                                                                                                                                                        Executive Order 12866 (58 FR 51735,
                                             modify existing significance levels for                 proposed rule, the EPA is approving
                                                                                                                                                        Oct. 4, 1993);
                                             NO2 and SO2 and remove the                              revisions to sections of the State’s Air
                                             significance level for PM10. This action                Pollution Control rules from the January              • Does not impose an information
                                             is being taken under section 110 of the                 28, 2013, and April 22, 2014 submittals. collection burden under the provisions
                                             Clean Air Act (CAA).                                    A summary of the revisions in North                of the Paperwork Reduction Act (44
                                             DATES: This rule is effective on                        Dakota’s Air Pollution Control rules the U.S.C. 3501 et seq.);
                                             November 9, 2017.                                       EPA is approving is provided in Table                 • Is certified as not having a
                                                                                                     1.                                                 significant economic impact on a
                                             ADDRESSES: The EPA has established a
                                                                                                                                                        substantial number of small entities
                                             docket for this action under Docket ID
                                             No. EPA–R08–OAR–2017–0019. All                           TABLE 1—LIST OF NORTH DAKOTA RE- under the Regulatory Flexibility Act (5
                                             documents in the docket are listed on                      VISIONS THAT THE EPA IS APPROV- U.S.C. 601 et seq.);
                                             the http://www.regulations.gov Web                         ING                                                • Does not contain any unfunded
                                             site. Although listed in the index, some                                                                   mandate or significantly or uniquely
                                             information is not publicly available,
                                                                                                       Revisions in January 28, 2013 and April 22, 2014 affect small governments, as described
                                                                                                                submittals that EPA is approving
                                             e.g., CBI or other information whose                                                                       in the Unfunded Mandates Reform Act
                                             disclosure is restricted by statute.                    January 28, 2013 submittal: 33–15–14–02.5.a.       of 1995 (Pub. L. 104–4);
                                             Certain other material, such as                         April 22, 2014 submittal: 33–15–03–05.2.              • Does not have federalism
                                             copyrighted material, is not placed on                                                                     implications as specified in Executive
                                             the Internet and will be publicly                       IV. Incorporation by Reference                     Order 13132 (64 FR 43255, Aug. 10,
Pmangrum on DSK3GDR082PROD with RULES




                                             available only in hard copy form.                          In this rule, the EPA is finalizing             1999);
                                             Publicly available docket materials are                 regulatory text that includes                         • Is not an economically significant
                                             available through http://                               incorporation by reference. In                     regulatory action based on health or
                                             www.regulations.gov, or please contact                  accordance with requirements of 1 CFR              safety risks subject to Executive Order
                                             the person identified in the FOR FURTHER                51.5, the EPA is finalizing the                    13045 (62 FR 19885, April 23, 1997);
                                             INFORMATION CONTACT section for                         incorporation by reference of North
                                             additional availability information.                    Dakota Air Pollution Control rules                   1 62 FR 27968 (May 22, 1997).




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Document Created: 2017-10-07 10:32:15
Document Modified: 2017-10-07 10:32:15
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 October 10, 2017. However, comments will be accepted until November 9, 2017.
ContactWienke Tax, Air Planning Office (AIR- 2), U.S. Environmental Protection Agency, Region IX, (415) 947-4192, [email protected]
FR Citation82 FR 46917 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Ammonia; Incorporation by Reference; Intergovernmental Regulations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds

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