82_FR_58984 82 FR 58745 - Finding of Failure To Submit a Section 110 State Implementation Plan for Interstate Transport for the 2012 Annual National Ambient Air Quality Standards for Fine Particles

82 FR 58745 - Finding of Failure To Submit a Section 110 State Implementation Plan for Interstate Transport for the 2012 Annual National Ambient Air Quality Standards for Fine Particles

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 239 (December 14, 2017)

Page Range58745-58747
FR Document2017-26894

The Environmental Protection Agency (EPA) is taking final action finding that Washington State failed to submit an infrastructure State Implementation Plan (SIP) to satisfy certain interstate transport requirements of the Clean Air Act (CAA) with respect to the 2012 annual fine particles (PM<INF>2.5</INF>) national ambient air quality standard (NAAQS). Specifically, these requirements pertain to significant contribution to nonattainment, or interference with maintenance, of the 2012 annual PM<INF>2.5</INF> NAAQS in other states. This finding of failure to submit establishes a 2-year deadline for the EPA to promulgate a Federal Implementation Plan (FIP) to address the interstate transport SIP requirements pertaining to significant contribution to nonattainment and interference with maintenance unless, prior to the EPA promulgating a FIP, the state submits, and the EPA approves, a SIP that meets these requirements.

Federal Register, Volume 82 Issue 239 (Thursday, December 14, 2017)
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58745-58747]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26894]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0677; FRL-9971-88-Region 10]


Finding of Failure To Submit a Section 110 State Implementation 
Plan for Interstate Transport for the 2012 Annual National Ambient Air 
Quality Standards for Fine Particles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action finding that Washington State failed to submit an infrastructure 
State Implementation Plan (SIP) to satisfy certain interstate transport 
requirements of the Clean Air Act (CAA) with respect to the 2012 annual 
fine particles (PM2.5) national ambient air quality standard 
(NAAQS). Specifically, these requirements pertain to significant 
contribution to nonattainment, or interference with maintenance, of the 
2012 annual PM2.5 NAAQS in other states. This finding of 
failure to submit establishes a 2-year deadline for the EPA to 
promulgate a Federal Implementation Plan (FIP) to address the 
interstate transport SIP requirements pertaining to significant 
contribution to nonattainment and interference with maintenance unless, 
prior to the EPA promulgating a FIP, the state submits, and the EPA 
approves, a SIP that meets these requirements.

DATES: This final rule is effective on January 16, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2017-0677. All documents in the dockets are 
listed on http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, will 
be publicly available only in hard copy. Publicly-available docket 
materials are available at http://www.regulations.gov or in hard copy 
at the EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, 
Seattle, Washington, 98101. The EPA requests that if at all possible, 
you contact the individuals listed in the FOR FURTHER INFORMATION 
CONTACT section to view the hard copy of the docket. You may view the 
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office 
of Air and Waste (OAW-150), EPA, Region 10, 1200 Sixth Ave., Suite 900, 
Seattle, Washington 98101; (206) 553-0256; [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Background and Overview
III. Finding of Failure To Submit for Washington State
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews

I. General Information

A. Notice and Comment Under the Administrative Procedures 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 rule final 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 submissions or incomplete submissions, 
to meet the requirement. Thus, notice and public procedure are 
unnecessary. The EPA finds that this constitutes good cause under 5 
U.S.C. 553(b)(3)(B).

B. How is the Preamble organized?

II. Background and Overview

A. Interstate Transport SIPs

    CAA section 110(a) imposes an obligation upon states to submit SIPs 
that provide for the implementation, maintenance and enforcement of a 
new or revised NAAQS within 3 years following the promulgation of that 
NAAQS. Section 110(a)(2) lists specific requirements that states must 
meet in these SIP submissions, as applicable. The EPA refers to this 
type of SIP submission as the ``infrastructure'' SIP because it ensures 
that states can implement, maintain and enforce the air standards. 
Within these requirements, section 110(a)(2)(D)(i) contains 
requirements to address interstate transport of NAAQS pollutants. A SIP 
revision submitted for this sub-section is referred to as an 
``interstate transport SIP.'' In turn, section 110(a)(2)(D)(i)(I) 
requires that such a plan contain adequate provisions to prohibit 
emissions from the state that will contribute significantly to 
nonattainment of the NAAQS in any other state (``prong 1'') or 
interfere with maintenance of the NAAQS in any other state (``prong 
2''). Interstate transport prongs 1 and 2, also called the ``good 
neighbor'' provisions, are the requirements relevant to this finding.
    Pursuant to CAA section 110(k)(1)(B), the EPA must determine no 
later than 6 months after the date by which a state is required to 
submit a SIP whether a state has made a submission that meets the 
minimum completeness criteria established per section 110(k)(1)(A). The 
EPA refers to the determination that a state has not submitted a SIP 
submission that meets the minimum completeness criteria as a ``finding 
of failure to submit.'' If the EPA finds a state has failed to submit a 
SIP to meet its statutory obligation to address section 
110(a)(2)(D)(i)(I), pursuant to section 110(c)(1) the EPA has not only 
the authority, but the obligation, to promulgate a FIP within 2 years 
to address the CAA requirement. This finding therefore starts a 2-year 
clock for promulgation by the EPA of a FIP, in accordance with section 
110(c)(1), unless prior to such promulgation the state submits, and the 
EPA approves, a submittal from the state to meet the requirements of 
section 110(a)(2)(D)(i)(I) for the 2012 annual PM2.5 NAAQS. 
The EPA will work with the state subject to this finding of failure to 
submit and provide assistance as necessary to help the state develop an 
approvable submittal in a timely manner. The EPA notes this action does 
not start a mandatory sanctions clock pursuant to CAA section 179 
because this finding of failure to submit does not pertain to a part D 
plan for nonattainment areas required under section 110(a)(2)(I) or a 
SIP call pursuant section 110(k)(5).

[[Page 58746]]

B. Background on the 2012 Annual PM2.5 NAAQS

    On December 14, 2012, the EPA promulgated a revised primary annual 
PM2.5 NAAQS to provide increased protection of public health 
and welfare from fine particle pollution.\1\ In that action, the EPA 
revised the primary annual PM2.5 standard, strengthening it 
from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\, 
which is attained when the 3-year average of the annual arithmetic 
means does not exceed 12.0 [mu]g/m\3\. Infrastructure SIPs addressing 
the revised standard were due on December 14, 2015.
---------------------------------------------------------------------------

    \1\ 78 FR 3086; January 15, 2013.
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III. Finding of Failure To Submit for Washington State

    To date, Washington State has not submitted a good neighbor SIP for 
the 2012 annual PM2.5 NAAQS. Accordingly, the EPA is issuing 
a finding that Washington State has failed to submit a SIP addressing 
the requirements of section 110(a)(2)(D)(i)(I) of the CAA, 42 U.S.C. 
7410(a)(2)(D)(i)(I) (prongs 1-2), for the 2012 annual PM2.5 
NAAQS.

IV. Environmental Justice Considerations

    This notice is making a procedural finding that Washington State 
has failed to submit a SIP to address CAA section 110(a)(2)(D)(i)(I) 
for the 2012 annual PM2.5 NAAQS. The EPA did not conduct an 
environmental analysis for this rule because this rule would not 
directly affect the air emissions from particular sources. Because this 
rule will not directly affect the air emissions from particular 
sources, it does not affect the level of protection provided to human 
health or the environment. Therefore, this action will not have 
potential disproportionately high and adverse human health or 
environmental effects on minority, low-income or indigenous 
populations.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because it is not a significant regulatory action under Executive Order 
12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the PRA, 44 U.S.C. 3501 et seq. This final rule does 
not establish any new information collection requirement apart from 
what is already required by law.

D. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
APA, 5 U.S.C. 553, or any other statute. This rule is not subject to 
notice and comment requirements because the agency has invoked the APA 
``good cause'' exemption under 5 U.S.C. 553(b).

E. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action implements mandates specifically and 
explicitly set forth in the CAA under section 110(a) without the 
exercise of any policy discretion by the EPA.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This rule responds to the requirement in the CAA 
for states to submit SIPs under section 110(a) to address CAA section 
110(a)(2)(D)(i)(I) for the 2012 annual PM2.5 NAAQS. No tribe 
is subject to the requirement to submit an implementation plan under 
section 110(a) within 3 years of promulgation of a new or revised 
NAAQS. Thus, Executive Order 13175 does not apply to this action.

H. 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 environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

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

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

K. 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 because it does not affect the level of 
protection provided to human health or the environment. The EPA's 
evaluation of environmental justice considerations is contained in 
section IV of this document.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

M. Petitions for Judicial Review

    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 February 12, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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

[[Page 58747]]

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, Interstate transport, 
Particulate matter, Reporting and recordkeeping requirements.

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

    Dated: November 30, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-26894 Filed 12-13-17; 8:45 am]
BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations                                        58745

                                              zone except vessels that are engaged in                  not publicly available, e.g., Confidential            following the promulgation of that
                                              the following operations: enforcement of                 Business Information (CBI) or other                   NAAQS. Section 110(a)(2) lists specific
                                              laws, service of aids to navigation, and                 information whose disclosure is                       requirements that states must meet in
                                              emergency response.                                      restricted by statute. Certain other                  these SIP submissions, as applicable.
                                                (d) Enforcement periods. This section                  material, such as copyrighted material,               The EPA refers to this type of SIP
                                              will be enforced from December 8, 2017,                  will be publicly available only in hard               submission as the ‘‘infrastructure’’ SIP
                                              through February 28, 2018. Enforcement                   copy. Publicly-available docket                       because it ensures that states can
                                              will generally be between the hours of                   materials are available at http://                    implement, maintain and enforce the air
                                              5 a.m. and 7 p.m., Monday through                        www.regulations.gov or in hard copy at                standards. Within these requirements,
                                              Sunday, while the zone is in effect.                     the EPA Region 10, Office of Air and
                                                                                                                                                             section 110(a)(2)(D)(i) contains
                                                Dated: December 8, 2017.                               Waste, 1200 Sixth Avenue, Seattle,
                                                                                                                                                             requirements to address interstate
                                                                                                       Washington, 98101. The EPA requests
                                              Scott E. Anderson,                                                                                             transport of NAAQS pollutants. A SIP
                                                                                                       that if at all possible, you contact the
                                              Captain, U.S. Coast Guard, Captain of the
                                                                                                       individuals listed in the FOR FURTHER                 revision submitted for this sub-section
                                              Port, Delaware Bay.                                                                                            is referred to as an ‘‘interstate transport
                                                                                                       INFORMATION CONTACT section to view
                                              [FR Doc. 2017–26935 Filed 12–13–17; 8:45 am]
                                                                                                       the hard copy of the docket. You may                  SIP.’’ In turn, section 110(a)(2)(D)(i)(I)
                                              BILLING CODE 9110–04–P
                                                                                                       view the hard copy of the docket                      requires that such a plan contain
                                                                                                       Monday through Friday, 8:00 a.m. to                   adequate provisions to prohibit
                                                                                                       4:00 p.m., excluding Federal holidays.                emissions from the state that will
                                              ENVIRONMENTAL PROTECTION                                 FOR FURTHER INFORMATION CONTACT: Jeff                 contribute significantly to
                                              AGENCY                                                   Hunt, Air Planning Unit, Office of Air                nonattainment of the NAAQS in any
                                                                                                       and Waste (OAW–150), EPA, Region 10,                  other state (‘‘prong 1’’) or interfere with
                                              40 CFR Part 52                                                                                                 maintenance of the NAAQS in any other
                                                                                                       1200 Sixth Ave., Suite 900, Seattle,
                                              [EPA–R10–OAR–2017–0677; FRL–9971–88–                     Washington 98101; (206) 553–0256;                     state (‘‘prong 2’’). Interstate transport
                                              Region 10]                                               hunt.jeff@epa.gov.                                    prongs 1 and 2, also called the ‘‘good
                                                                                                       SUPPLEMENTARY INFORMATION:                            neighbor’’ provisions, are the
                                              Finding of Failure To Submit a Section                                                                         requirements relevant to this finding.
                                              110 State Implementation Plan for                        Table of Contents
                                              Interstate Transport for the 2012                                                                                 Pursuant to CAA section 110(k)(1)(B),
                                                                                                       I. General Information
                                              Annual National Ambient Air Quality                      II. Background and Overview                           the EPA must determine no later than 6
                                              Standards for Fine Particles                             III. Finding of Failure To Submit for                 months after the date by which a state
                                                                                                             Washington State                                is required to submit a SIP whether a
                                              AGENCY:  Environmental Protection                        IV. Environmental Justice Considerations              state has made a submission that meets
                                              Agency (EPA).                                            V. Statutory and Executive Order Reviews              the minimum completeness criteria
                                              ACTION: Final rule.                                                                                            established per section 110(k)(1)(A). The
                                                                                                       I. General Information
                                              SUMMARY:    The Environmental Protection                                                                       EPA refers to the determination that a
                                                                                                       A. Notice and Comment Under the                       state has not submitted a SIP
                                              Agency (EPA) is taking final action                      Administrative Procedures Act (APA)
                                              finding that Washington State failed to                                                                        submission that meets the minimum
                                              submit an infrastructure State                              Section 553 of the APA, 5 U.S.C.                   completeness criteria as a ‘‘finding of
                                              Implementation Plan (SIP) to satisfy                     553(b)(3)(B), provides that, when an                  failure to submit.’’ If the EPA finds a
                                              certain interstate transport requirements                agency for good cause finds that notice               state has failed to submit a SIP to meet
                                              of the Clean Air Act (CAA) with respect                  and public procedure are impracticable,               its statutory obligation to address
                                              to the 2012 annual fine particles (PM2.5)                unnecessary or contrary to the public                 section 110(a)(2)(D)(i)(I), pursuant to
                                              national ambient air quality standard                    interest, the agency may issue a rule                 section 110(c)(1) the EPA has not only
                                              (NAAQS). Specifically, these                             without providing notice and an
                                                                                                                                                             the authority, but the obligation, to
                                              requirements pertain to significant                      opportunity for public comment. The
                                                                                                       EPA has determined that there is good                 promulgate a FIP within 2 years to
                                              contribution to nonattainment, or                                                                              address the CAA requirement. This
                                                                                                       cause for making this rule final without
                                              interference with maintenance, of the                                                                          finding therefore starts a 2-year clock for
                                                                                                       prior proposal and opportunity for
                                              2012 annual PM2.5 NAAQS in other                                                                               promulgation by the EPA of a FIP, in
                                                                                                       comment because no significant EPA
                                              states. This finding of failure to submit                                                                      accordance with section 110(c)(1),
                                                                                                       judgment is involved in making a
                                              establishes a 2-year deadline for the                                                                          unless prior to such promulgation the
                                                                                                       finding of failure to submit SIPs, or
                                              EPA to promulgate a Federal                                                                                    state submits, and the EPA approves, a
                                                                                                       elements of SIPs, required by the CAA,
                                              Implementation Plan (FIP) to address                                                                           submittal from the state to meet the
                                                                                                       where states have made no submissions
                                              the interstate transport SIP requirements                                                                      requirements of section 110(a)(2)(D)(i)(I)
                                                                                                       or incomplete submissions, to meet the
                                              pertaining to significant contribution to
                                                                                                       requirement. Thus, notice and public                  for the 2012 annual PM2.5 NAAQS. The
                                              nonattainment and interference with
                                                                                                       procedure are unnecessary. The EPA                    EPA will work with the state subject to
                                              maintenance unless, prior to the EPA
                                                                                                       finds that this constitutes good cause                this finding of failure to submit and
                                              promulgating a FIP, the state submits,
                                                                                                       under 5 U.S.C. 553(b)(3)(B).                          provide assistance as necessary to help
                                              and the EPA approves, a SIP that meets
                                              these requirements.                                      B. How is the Preamble organized?                     the state develop an approvable
                                                                                                                                                             submittal in a timely manner. The EPA
                                              DATES: This final rule is effective on                   II. Background and Overview                           notes this action does not start a
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                                              January 16, 2018.
                                                                                                       A. Interstate Transport SIPs                          mandatory sanctions clock pursuant to
                                              ADDRESSES: The EPA has established a
                                                                                                                                                             CAA section 179 because this finding of
                                              docket for this action under Docket ID                     CAA section 110(a) imposes an
                                                                                                                                                             failure to submit does not pertain to a
                                              No. EPA–R10–OAR–2017–0677. All                           obligation upon states to submit SIPs
                                              documents in the dockets are listed on                   that provide for the implementation,                  part D plan for nonattainment areas
                                              http://www.regulations.gov. Although                     maintenance and enforcement of a new                  required under section 110(a)(2)(I) or a
                                              listed in the index, some information is                 or revised NAAQS within 3 years                       SIP call pursuant section 110(k)(5).



                                         VerDate Sep<11>2014    15:57 Dec 13, 2017   Jkt 244001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\14DER1.SGM   14DER1


                                              58746            Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations

                                              B. Background on the 2012 Annual                          B. Executive Order 13771: Reducing                    H. Executive Order 13045: Protection of
                                              PM2.5 NAAQS                                               Regulations and Controlling Regulatory                Children From Environmental Health
                                                                                                        Costs                                                 and Safety Risks
                                                 On December 14, 2012, the EPA
                                                                                                           This action is not an Executive Order                The EPA interprets Executive Order
                                              promulgated a revised primary annual
                                                                                                        13771 regulatory action because it is not             13045 as applying only to those
                                              PM2.5 NAAQS to provide increased                                                                                regulatory actions that concern
                                              protection of public health and welfare                   a significant regulatory action under
                                                                                                                                                              environmental health or safety risks that
                                              from fine particle pollution.1 In that                    Executive Order 12866.
                                                                                                                                                              the EPA has reason to believe may
                                              action, the EPA revised the primary                       C. Paperwork Reduction Act (PRA)                      disproportionately affect children, per
                                              annual PM2.5 standard, strengthening it                                                                         the definition of ‘‘covered regulatory
                                              from 15.0 micrograms per cubic meter                         This action does not impose an                     action’’ in section 2–202 of the
                                              (mg/m3) to 12.0 mg/m3, which is attained                  information collection burden under the               Executive Order. This action is not
                                              when the 3-year average of the annual                     provisions of the PRA, 44 U.S.C. 3501                 subject to Executive Order 13045
                                              arithmetic means does not exceed 12.0                     et seq. This final rule does not establish            because it does not concern an
                                              mg/m3. Infrastructure SIPs addressing                     any new information collection                        environmental health risk or safety risk.
                                              the revised standard were due on                          requirement apart from what is already
                                                                                                        required by law.                                      I. Executive Order 13211: Actions That
                                              December 14, 2015.                                                                                              Significantly Affect Energy Supply,
                                              III. Finding of Failure To Submit for                     D. Regulatory Flexibility Act (RFA)                   Distribution or Use
                                              Washington State                                            This action is not subject to the RFA.                 This action is not subject to Executive
                                                                                                        The RFA applies only to rules subject to              Order 13211, because it is not a
                                                 To date, Washington State has not                                                                            significant regulatory action under
                                              submitted a good neighbor SIP for the                     notice and comment rulemaking
                                                                                                        requirements under the APA, 5 U.S.C.                  Executive Order 12866.
                                              2012 annual PM2.5 NAAQS.
                                              Accordingly, the EPA is issuing a                         553, or any other statute. This rule is not           J. National Technology Transfer and
                                                                                                        subject to notice and comment                         Advancement Act
                                              finding that Washington State has failed
                                                                                                        requirements because the agency has
                                              to submit a SIP addressing the                                                                                     This rulemaking does not involve
                                                                                                        invoked the APA ‘‘good cause’’
                                              requirements of section 110(a)(2)(D)(i)(I)                                                                      technical standards.
                                                                                                        exemption under 5 U.S.C. 553(b).
                                              of the CAA, 42 U.S.C. 7410(a)(2)(D)(i)(I)                                                                       K. Executive Order 12898: Federal
                                              (prongs 1–2), for the 2012 annual PM2.5                   E. Unfunded Mandates Reform Act of                    Actions To Address Environmental
                                              NAAQS.                                                    1995 (UMRA)                                           Justice in Minority Populations and
                                              IV. Environmental Justice                                   This action does not contain any                    Low-Income Populations
                                              Considerations                                            unfunded mandate as described in                        The EPA believes the human health or
                                                                                                        UMRA, 2 U.S.C. 1531–1538, and does                    environmental risk addressed by this
                                                 This notice is making a procedural                     not significantly or uniquely affect small            action will not have potential
                                              finding that Washington State has failed                  governments. The action implements                    disproportionately high and adverse
                                              to submit a SIP to address CAA section                    mandates specifically and explicitly set              human health or environmental effects
                                              110(a)(2)(D)(i)(I) for the 2012 annual                    forth in the CAA under section 110(a)                 on minority, low-income or indigenous
                                              PM2.5 NAAQS. The EPA did not                              without the exercise of any policy                    populations because it does not affect
                                              conduct an environmental analysis for                     discretion by the EPA.                                the level of protection provided to
                                              this rule because this rule would not                                                                           human health or the environment. The
                                              directly affect the air emissions from                    F. Executive Order 13132: Federalism                  EPA’s evaluation of environmental
                                              particular sources. Because this rule                       This action does not have federalism                justice considerations is contained in
                                              will not directly affect the air emissions                implications. It will not have substantial            section IV of this document.
                                              from particular sources, it does not                      direct effects on the states, on the                  L. Congressional Review Act (CRA)
                                              affect the level of protection provided to                relationship between the national
                                              human health or the environment.                                                                                   This action is subject to the CRA, and
                                                                                                        government and the states, or on the
                                              Therefore, this action will not have                                                                            the EPA will submit a rule report to
                                                                                                        distribution of power and
                                                                                                                                                              each House of the Congress and to the
                                              potential disproportionately high and                     responsibilities among the various
                                                                                                                                                              Comptroller General of the United
                                              adverse human health or environmental                     levels of government.
                                                                                                                                                              States. This action is not a ‘‘major rule’’
                                              effects on minority, low-income or                                                                              as defined by 5 U.S.C. 804(2).
                                                                                                        G. Executive Order 13175: Consultation
                                              indigenous populations.
                                                                                                        and Coordination With Indian Tribal                   M. Petitions for Judicial Review
                                              V. Statutory and Executive Order                          Governments
                                              Reviews                                                                                                            Under section 307(b)(1) of the CAA,
                                                                                                           This action does not have tribal                   petitions for judicial review of this
                                              A. Executive Order 12866: Regulatory                      implications as specified in Executive                action must be filed in the United States
                                              Planning and Review and Executive                         Order 13175. This rule responds to the                Court of Appeals for the appropriate
                                              Order 13563: Improving Regulation and                     requirement in the CAA for states to                  circuit by February 12, 2018. Filing a
                                              Regulatory Review                                         submit SIPs under section 110(a) to                   petition for reconsideration by the
                                                                                                        address CAA section 110(a)(2)(D)(i)(I)                Administrator of this final rule does not
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                                                This action is not a significant                        for the 2012 annual PM2.5 NAAQS. No                   affect the finality of this rule for the
                                              regulatory action and was therefore not                   tribe is subject to the requirement to                purposes of judicial review nor does it
                                              submitted to the Office of Management                     submit an implementation plan under                   extend the time within which a petition
                                              and Budget (OMB) for review.                              section 110(a) within 3 years of                      for judicial review may be filed, and
                                                                                                        promulgation of a new or revised                      shall not postpone the effectiveness of
                                                                                                        NAAQS. Thus, Executive Order 13175                    such rule or action. This action may not
                                                1 78   FR 3086; January 15, 2013.                       does not apply to this action.                        be challenged later in proceedings to


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                                                               Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations                                                 58747

                                              enforce its requirements (see section                    INFORMATION CONTACT         section for                to address SIP requirements triggered by
                                              307(b)(2)).                                              additional availability information.                   the designation of the San Joaquin
                                                                                                       FOR FURTHER INFORMATION CONTACT: Rory                  Valley as a nonattainment area for the
                                              List of Subjects in 40 CFR Part 52
                                                                                                       Mays, EPA Region IX, (415) 972–3227,                   1997 PM2.5 NAAQS.3
                                                Environmental protection, Air                          mays.rory@epa.gov.                                        In response to the EPA’s disapproval
                                              pollution control, Incorporation by                      SUPPLEMENTARY INFORMATION:                             of the contingency measure element of
                                              reference, Intergovernmental relations,                  Throughout this document, whenever                     the 2008 PM2.5 Plan, California
                                              Interstate transport, Particulate matter,                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            submitted a SIP revision referred to as
                                              Reporting and recordkeeping                              the EPA.                                               the ‘‘2013 Contingency Measure SIP.’’
                                              requirements.                                                                                                   The 2013 Contingency Measure SIP
                                                 Authority: 42 U.S.C. 7401 et seq.
                                                                                                       Table of Contents                                      primarily relied upon California’s
                                                                                                       I. Proposed Action                                     waiver measures, i.e., California mobile
                                               Dated: November 30, 2017.
                                                                                                       II. Public Comments and EPA Responses                  source regulations that had been waived
                                              Michelle L. Pirzadeh,                                    III. Final Action                                      or authorized by the EPA under CAA
                                              Acting Regional Administrator, Region 10.                IV. Statutory and Executive Order Reviews              section 209, to provide post-attainment
                                              [FR Doc. 2017–26894 Filed 12–13–17; 8:45 am]                                                                    year emissions reductions equivalent to
                                                                                                       I. Proposed Action
                                              BILLING CODE 6560–50–P                                                                                          one year’s worth of RFP.4
                                                                                                          On October 23, 2017 (82 FR 48944)                      The EPA approved,5 but later
                                                                                                       (herein ‘‘proposed rule’’), we proposed                disapproved,6 the 2013 Contingency
                                              ENVIRONMENTAL PROTECTION                                 to determine that the deficiency that                  Measure SIP in the wake of a court
                                              AGENCY                                                   formed the basis for a disapproval of the              decision 7 that undermined the basis for
                                                                                                       contingency measures submitted for the                 the EPA’s approval. The court decision
                                              40 CFR Part 52                                           San Joaquin Valley 1 nonattainment area                at issue held that waiver measures must
                                                                                                       for the 1997 PM2.5 NAAQS (‘‘1997 PM2.5                 be approved into the SIP if California
                                              [EPA–R09–OAR–2017–0580; FRL–9972–02–                     standards’’) 2 has been corrected. We did
                                              Region 9]                                                                                                       relies upon them to meet CAA SIP
                                                                                                       so based on the Agency’s approval of                   requirements, thereby rejecting the
                                              Contingency Measures for the 1997                        California regulations establishing                    EPA’s longstanding practice allowing
                                              PM2.5 Standards; California; San                         standards and other requirements                       California SIP credit for waiver
                                              Joaquin Valley; Correction of                            relating to the control of emissions from              measures notwithstanding their absence
                                              Deficiency                                               new on-road and new and in-use off-                    from the SIP. Our disapproval of the
                                                                                                       road vehicles and engines (herein,                     2013 Contingency Measure SIP became
                                              AGENCY:  Environmental Protection                        ‘‘waiver measures’’) into the California               effective on June 13, 2016, and started
                                              Agency (EPA).                                            State Implementation Plan (SIP), and a                 a sanctions clock for imposition of offset
                                              ACTION: Final rule.                                      finding that the purposes of the                       sanctions 18 months after June 13, 2016,
                                                                                                       contingency measure requirement, as                    and highway sanctions 6 months later,
                                              SUMMARY:   The Environmental Protection                  applicable to the San Joaquin Valley                   pursuant to CAA section 179 and our
                                              Agency (EPA or ‘‘Agency’’) is taking                     based on its initial designation as a                  regulations at 40 CFR 52.31, unless the
                                              final action to determine that the                       nonattainment area for the 1997 PM2.5                  State submits and the EPA approves,
                                              deficiency that formed the basis for a                   standards, have been fulfilled.                        prior to the implementation of the
                                              disapproval of the contingency                              Our proposed rule provides a detailed               sanctions, a SIP submission that corrects
                                              measures submitted for the San Joaquin                   background section that describes the                  the deficiencies identified in the
                                              Valley nonattainment area for the 1997                   relevant NAAQS, area designations, the                 disapproval action.8
                                              fine particulate matter (PM2.5) national                 relevant SIP submittal requirements,                      Since the disapproval of the 2013
                                              ambient air quality standards (NAAQS)                    and the relevant SIP revisions submitted               Contingency Measure SIP, we have
                                              has been corrected. The effect of this                   and either approved or disapproved by                  approved the waiver measures as
                                              action is to permanently stop the                        the EPA under Clean Air Act (CAA or
                                              sanctions clocks triggered by the                        ‘‘Act’’) section 110.                                     3 76 FR 69896 (November 9, 2011) (final action on
                                              disapproval.                                                In short, under CAA section 172(c)(9),              the 2008 PM2.5 Plan).
                                                                                                       SIPs for areas designated as                              4 One year’s worth of RFP is the yardstick the EPA
                                              DATES:  This final rule is effective                                                                            has cited historically as the approximate quantity
                                                                                                       nonattainment for a NAAQS must be
                                              December 14, 2017.                                                                                              of emissions reductions that contingency measures
                                                                                                       revised to provide for the                             should provide to satisfy CAA section 172(c)(9).
                                              ADDRESSES: The EPA has established a                     implementation of specific measures                    See, e.g., 81 FR 58010, at 58066 (August 24, 2016)
                                              docket for this action under Docket No.                  (‘‘contingency measures’’) to take effect              (final rule implementing the PM2.5 NAAQS).
                                              EPA–R09–OAR–2017–0580. All                               if the area fails to make reasonable                      5 79 FR 29327 (May 22, 2014) (final action
                                              documents in the docket are listed on                    further progress (RFP) or fails to attain              approving the 2013 Contingency Measure SIP).
                                              the https://www.regulations.gov                          by the applicable attainment date. The
                                                                                                                                                                 6 81 FR 29498 (May 12, 2016) (final action

                                              website. Although listed on the website,                                                                        disapproving the 2013 Contingency Measure SIP).
                                                                                                       EPA disapproved the contingency                           7 Committee for a Better Arvin v. EPA, 786 F.3d
                                              some information is not publicly                         measure element of a set of SIP                        1169 (9th Cir. 2015) (‘‘Committee for a Better
                                              available, e.g., Confidential Business                   revisions collectively referred to as the              Arvin’’) (partially granting and partially denying
                                              Information (CBI) or other information                   ‘‘2008 PM2.5 Plan,’’ which was                         petition for review).
                                              whose disclosure is restricted by statute.               developed and submitted by California
                                                                                                                                                                 8 The offset sanction applies to New Source

                                              Certain other material, such as                                                                                 Review (NSR) permits for new major stationary
sradovich on DSK3GMQ082PROD with RULES




                                                                                                                                                              sources or major modifications proposed in a
                                              copyrighted material, is not placed on                      1 The San Joaquin Valley PM
                                                                                                                                       2.5 nonattainment      nonattainment area, and it increases the ratio of
                                              the internet and will be publicly                        area is located in the southern half of California’s   emissions reductions (i.e., offsets) to increased
                                              available only in hard copy form.                        central valley and includes all of San Joaquin,        emissions from the new or modified source, which
                                              Publicly available docket materials are                  Stanislaus, Merced, Madera, Fresno, Tulare, and        must be obtained to receive an NSR permit, to 2 to
                                                                                                       Kings counties, and the valley portion of Kern         1. The highway sanction prohibits, with certain
                                              available through https://                               County. See 40 CFR 81.305.                             exceptions, the U.S. Department of Transportation
                                              www.regulations.gov, or please contact                      2 The EPA promulgated the 1997 PM
                                                                                                                                                2.5 NAAQS     from approving or funding transportation projects
                                              the person identified in the FOR FURTHER                 at 62 FR 38652 (July 18, 1997).                        in a nonattainment area.



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Document Created: 2018-10-25 10:53:02
Document Modified: 2018-10-25 10:53:02
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 final rule is effective on January 16, 2018.
ContactJeff Hunt, Air Planning Unit, Office of Air and Waste (OAW-150), EPA, Region 10, 1200 Sixth Ave., Suite 900, Seattle, Washington 98101; (206) 553-0256; [email protected]
FR Citation82 FR 58745 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Interstate Transport; Particulate Matter and Reporting and Recordkeeping Requirements

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