82_FR_61116 82 FR 60870 - 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; Massachusetts

82 FR 60870 - 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; Massachusetts

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range60870-60872
FR Document2017-27625

The Environmental Protection Agency (EPA) is taking final action finding that Massachusetts 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, interference with maintenance, interference with Prevention of Significant Deterioration, and interference with visibility protection, 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 246 (Tuesday, December 26, 2017)
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60870-60872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27625]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0695, FRL-9972-39-Region 1]


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; Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action finding that Massachusetts 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, interference with maintenance, 
interference with Prevention of Significant Deterioration, and 
interference with visibility protection, 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 25, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R01-OAR-2017-0695. 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 at the U.S. 
Environmental Protection Agency, EPA New England Regional Office, 
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post 
Office Square--Suite 100, Boston, MA. 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. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Environmental 
Scientist, Air Quality Planning Unit, Air Programs Branch (Mail Code 
OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post 
Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-
1684; [email protected].

SUPPLEMENTARY INFORMATION: 

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?

Table of Contents

I. General Information
II. Background and Overview
    A. Interstate Transport SIPs
    B. Background on the 2012 Annual PM2.5 NAAQS
III. Finding of Failure To Submit for Massachusetts
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews

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 three 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''). Section

[[Page 60871]]

110(a)(2)(D(i)(II) requires that such a plan contain adequate 
provisions to prohibit emissions from the state that will interfere 
with measures required of any other state to prevent significant 
deterioration of air quality (``prong 3'') or that will interfere with 
measures required of any other state to protect visibility (``prong 
4''). These are the requirements relevant to this finding.
    Pursuant to CAA section 110(k)(1)(B), the EPA must determine no 
later than six 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), pursuant to section 110(c)(1) the EPA has not only the 
authority, but the obligation, to promulgate a FIP within two years to 
address the CAA requirement. This finding therefore starts a two-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 to meet the requirements of section 
110(a)(2)(D)(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 to section 110(k)(5).

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 three-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. CAA Sec.  
110(a)(1).
---------------------------------------------------------------------------

    \1\ 78 FR 3086; January 15, 2013.
---------------------------------------------------------------------------

III. Finding of Failure To Submit for Massachusetts

    To date, Massachusetts has not submitted a good neighbor SIP for 
the 2012 annual PM2.5 NAAQS. Accordingly, the EPA is issuing 
a finding that Massachusetts has failed to submit a SIP addressing the 
requirements of section 110(a)(2)(D)(i) of the CAA, 42 U.S.C. 
7410(a)(2)(D)(i) (prongs 1-4), for the 2012 annual PM2.5 
NAAQS.

IV. Environmental Justice Considerations

    This notice is making a procedural finding that Massachusetts has 
failed to submit a SIP to address CAA section 110(a)(2)(D)(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) 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.

[[Page 60872]]

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 notice.

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 26, 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 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: December 11, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-27625 Filed 12-22-17; 8:45 am]
 BILLING CODE 6560-50-P



                                             60870            Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                             will be used. The bridge has a vertical                 SUMMARY:    The Environmental Protection              I. General Information
                                             clearance of 14 feet above mean high                    Agency (EPA) is taking final action
                                                                                                                                                           A. Notice and Comment Under the
                                             water in the closed position and                        finding that Massachusetts failed to
                                                                                                                                                           Administrative Procedures Act (APA)
                                             unlimited feet above mean high water in                 submit an infrastructure State
                                             the open position. The bridge will open                 Implementation Plan (SIP) to satisfy                     Section 553 of the APA, 5 U.S.C.
                                             on signal at all other times. The current               certain interstate transport requirements             553(b)(3)(B), provides that, when an
                                             operating schedule is set out in 33 CFR                 of the Clean Air Act (CAA) with respect               agency for good cause finds that notice
                                             117.5.                                                  to the 2012 annual fine particles (PM2.5)             and public procedure are impracticable,
                                                The AICW, Alligator River is used by                 national ambient air quality standard                 unnecessary or contrary to the public
                                             a variety of vessels including, small                   (NAAQS). Specifically, these                          interest, the agency may issue a rule
                                             commercial vessels, tug and barge                       requirements pertain to significant                   without providing notice and an
                                             traffic, and recreational vessels. The                  contribution to nonattainment, or                     opportunity for public comment. The
                                             Coast Guard has carefully coordinated                   interference with maintenance, of the                 EPA has determined that there is good
                                             the restrictions with waterway users in                 2012 annual PM2.5 NAAQS in other                      cause for making this rule final without
                                             publishing this temporary deviation.                    states. This finding of failure to submit             prior proposal and opportunity for
                                                Vessels able to pass through the                     establishes a 2-year deadline for the                 comment because no significant EPA
                                             bridge in the closed-to-navigation                      EPA to promulgate a Federal                           judgment is involved in making a
                                             position may do so at any time. During                  Implementation Plan (FIP) to address                  finding of failure to submit SIPs, or
                                             the closure periods, the bridge will not                the interstate transport SIP requirements             elements of SIPs, required by the CAA,
                                             be able to open for emergencies and the                 pertaining to significant contribution to             where states have made no submissions
                                             Croatan Sound to the Pamlico Sound                      nonattainment, interference with                      or incomplete submissions, to meet the
                                             can be used as an alternative route for                 maintenance, interference with                        requirement. Thus, notice and public
                                             vessels unable to pass through the                      Prevention of Significant Deterioration,              procedure are unnecessary. The EPA
                                             bridge in the closed position. During the               and interference with visibility                      finds that this constitutes good cause
                                             closure periods with scheduled                          protection, unless, prior to the EPA                  under 5 U.S.C. 553(b)(3)(B).
                                             openings at noon, the bridge will be able               promulgating a FIP, the state submits,
                                                                                                     and the EPA approves, a SIP that meets                B. How is the Preamble Organized?
                                             to open up for emergencies, if at least
                                             one hour notice is given. The Coast                     these requirements.                                   Table of Contents
                                             Guard will also inform the users of the                 DATES: This final rule is effective on
                                             waterway through our Local Notice and                   January 25, 2018.                                     I. General Information
                                                                                                                                                           II. Background and Overview
                                             Broadcast Notices to Mariners of the                    ADDRESSES: The EPA has established a
                                                                                                                                                              A. Interstate Transport SIPs
                                             change in operating schedule for the                    docket for this action under Docket ID                   B. Background on the 2012 Annual PM2.5
                                             bridge so vessel operators can arrange                  No. EPA–R01–OAR–2017–0695. All                              NAAQS
                                             their transits to minimize any impact                   documents in the dockets are listed on                III. Finding of Failure To Submit for
                                             caused by the temporary deviation.                      http://www.regulations.gov. Although                        Massachusetts
                                                In accordance with 33 CFR 117.35(e),                 listed in the index, some information is              IV. Environmental Justice Considerations
                                             the drawbridge must return to its regular               not publicly available, e.g., Confidential            V. Statutory and Executive Order Reviews
                                             operating schedule immediately at the                   Business Information (CBI) or other                   II. Background and Overview
                                             end of the effective period of this                     information whose disclosure is
                                             temporary deviation. This deviation                     restricted by statute. Certain other                  A. Interstate Transport SIPs
                                             from the operating regulations is                       material, such as copyrighted material,                  CAA section 110(a) imposes an
                                             authorized under 33 CFR 117.35.                         will be publicly available only in hard               obligation upon states to submit SIPs
                                               Dated: December 18, 2017.                             copy. Publicly available docket                       that provide for the implementation,
                                             Hal R. Pitts,
                                                                                                     materials are available at http://                    maintenance and enforcement of a new
                                                                                                     www.regulations.gov or at the U.S.                    or revised NAAQS within three years
                                             Bridge Program Manager, Fifth Coast Guard
                                             District.
                                                                                                     Environmental Protection Agency, EPA                  following the promulgation of that
                                                                                                     New England Regional Office, Office of                NAAQS. Section 110(a)(2) lists specific
                                             [FR Doc. 2017–27718 Filed 12–22–17; 8:45 am]
                                                                                                     Ecosystem Protection, Air Quality                     requirements that states must meet in
                                             BILLING CODE 9110–04–P
                                                                                                     Planning Unit, 5 Post Office Square—                  these SIP submissions, as applicable.
                                                                                                     Suite 100, Boston, MA. The EPA                        The EPA refers to this type of SIP
                                                                                                     requests that if at all possible, you                 submission as the ‘‘infrastructure’’ SIP
                                             ENVIRONMENTAL PROTECTION                                contact the individuals listed in the FOR             because it ensures that states can
                                             AGENCY                                                  FURTHER INFORMATION CONTACT section to                implement, maintain and enforce the air
                                                                                                     view the hard copy of the docket. The                 standards. Within these requirements,
                                             40 CFR Part 52                                          Regional Office’s official hours of                   section 110(a)(2)(D)(i) contains
                                             [EPA–R01–OAR–2017–0695, FRL–9972–39–                    business are Monday through Friday,                   requirements to address interstate
                                             Region 1]                                               8:30 a.m. to 4:30 p.m., excluding federal             transport of NAAQS pollutants. A SIP
                                                                                                     holidays.                                             revision submitted for this sub-section
                                             Finding of Failure To Submit a Section                  FOR FURTHER INFORMATION CONTACT:                      is referred to as an ‘‘interstate transport
                                             110 State Implementation Plan for                       Alison C. Simcox, Environmental                       SIP.’’ In turn, section 110(a)(2)(D)(i)(I)
                                             Interstate Transport for the 2012                       Scientist, Air Quality Planning Unit, Air             requires that such a plan contain
                                             Annual National Ambient Air Quality                     Programs Branch (Mail Code OEP05–                     adequate provisions to prohibit
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                                             Standards for Fine Particles;                           02), U.S. Environmental Protection                    emissions from the state that will
                                             Massachusetts                                           Agency, Region 1, 5 Post Office Square,               contribute significantly to
                                             AGENCY:  Environmental Protection                       Suite 100, Boston, Massachusetts                      nonattainment of the NAAQS in any
                                             Agency (EPA).                                           02109–3912; (617) 918–1684;                           other state (‘‘prong 1’’) or interfere with
                                                                                                     simcox.alison@epa.gov.                                maintenance of the NAAQS in any other
                                             ACTION: Final rule.
                                                                                                     SUPPLEMENTARY INFORMATION:                            state (‘‘prong 2’’). Section


                                        VerDate Sep<11>2014   16:22 Dec 22, 2017   Jkt 244001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\26DER1.SGM   26DER1


                                                               Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations                                         60871

                                             110(a)(2)(D(i)(II) requires that such a                   due on December 14, 2015. CAA                         requirements under the APA, 5 U.S.C.
                                             plan contain adequate provisions to                       § 110(a)(1).                                          553, or any other statute. This rule is not
                                             prohibit emissions from the state that                                                                          subject to notice and comment
                                                                                                       III. Finding of Failure To Submit for
                                             will interfere with measures required of                                                                        requirements, because the agency has
                                                                                                       Massachusetts
                                             any other state to prevent significant                                                                          invoked the APA ‘‘good cause’’
                                             deterioration of air quality (‘‘prong 3’’)                   To date, Massachusetts has not                     exemption under 5 U.S.C. 553(b).
                                             or that will interfere with measures                      submitted a good neighbor SIP for the
                                                                                                       2012 annual PM2.5 NAAQS.                              E. Unfunded Mandates Reform Act of
                                             required of any other state to protect                                                                          1995 (UMRA)
                                             visibility (‘‘prong 4’’). These are the                   Accordingly, the EPA is issuing a
                                             requirements relevant to this finding.                    finding that Massachusetts has failed to                This action does not contain any
                                                                                                       submit a SIP addressing the                           unfunded mandate as described in
                                                Pursuant to CAA section 110(k)(1)(B),                  requirements of section 110(a)(2)(D)(i) of            UMRA, 2 U.S.C. 1531–1538, and does
                                             the EPA must determine no later than                      the CAA, 42 U.S.C. 7410(a)(2)(D)(i)                   not significantly or uniquely affect small
                                             six months after the date by which a                      (prongs 1–4), for the 2012 annual PM2.5               governments. The action implements
                                             state is required to submit a SIP whether                 NAAQS.                                                mandates specifically and explicitly set
                                             a state has made a submission that                                                                              forth in the CAA under section 110(a)
                                             meets the minimum completeness                            IV. Environmental Justice
                                                                                                       Considerations                                        without the exercise of any policy
                                             criteria established per section                                                                                discretion by the EPA.
                                             110(k)(1)(A). The EPA refers to the                          This notice is making a procedural
                                             determination that a state has not                        finding that Massachusetts has failed to              F. Executive Order 13132: Federalism
                                             submitted a SIP submission that meets                     submit a SIP to address CAA section                     This action does not have federalism
                                             the minimum completeness criteria as a                    110(a)(2)(D)(i) for the 2012 annual PM2.5             implications. It will not have substantial
                                             ‘‘finding of failure to submit.’’ If the                  NAAQS. The EPA did not conduct an                     direct effects on the states, on the
                                             EPA finds a state has failed to submit a                  environmental analysis for this rule,                 relationship between the national
                                             SIP to meet its statutory obligation to                   because this rule would not directly                  government and the states, or on the
                                             address section 110(a)(2)(D)(i), pursuant                 affect the air emissions from particular              distribution of power and
                                             to section 110(c)(1) the EPA has not                      sources. Because this rule will not                   responsibilities among the various
                                             only the authority, but the obligation, to                directly affect the air emissions from                levels of government.
                                             promulgate a FIP within two years to                      particular sources, it does not affect the
                                             address the CAA requirement. This                         level of protection provided to human                 G. Executive Order 13175: Consultation
                                             finding therefore starts a two-year clock                 health or the environment. Therefore,                 and Coordination With Indian Tribal
                                             for promulgation by the EPA of a FIP,                     this action will not have potential                   Governments
                                             in accordance with section 110(c)(1),                     disproportionately high and adverse                      This action does not have tribal
                                             unless prior to such promulgation the                     human health or environmental effects                 implications as specified in Executive
                                             state submits, and the EPA approves, a                    on minority, low-income or indigenous                 Order 13175. This rule responds to the
                                             submittal to meet the requirements of                     populations.                                          requirement in the CAA for states to
                                             section 110(a)(2)(D)(i) for the 2012                                                                            submit SIPs under section 110(a) to
                                                                                                       V. Statutory and Executive Order
                                             annual PM2.5 NAAQS. The EPA will                                                                                address CAA section 110(a)(2)(D)(i) for
                                                                                                       Reviews
                                             work with the state subject to this                                                                             the 2012 annual PM2.5 NAAQS. No tribe
                                             finding of failure to submit and provide                  A. Executive Order 12866: Regulatory                  is subject to the requirement to submit
                                             assistance as necessary to help the state                 Planning and Review and Executive                     an implementation plan under section
                                             develop an approvable submittal in a                      Order 13563: Improving Regulation and                 110(a) within 3 years of promulgation of
                                             timely manner. The EPA notes this                         Regulatory Review                                     a new or revised NAAQS. Thus,
                                             action does not start a mandatory                           This action is not a significant                    Executive Order 13175 does not apply
                                             sanctions clock pursuant to CAA section                   regulatory action and was therefore not               to this action.
                                             179 because this finding of failure to                    submitted to the Office of Management                 H. Executive Order 13045: Protection of
                                             submit does not pertain to a part D plan                  and Budget (OMB) for review.                          Children From Environmental Health
                                             for nonattainment areas required under                                                                          and Safety Risks
                                                                                                       B. Executive Order 13771: Reducing
                                             section 110(a)(2)(I) or a SIP call
                                                                                                       Regulations and Controlling Regulatory                  The EPA interprets Executive Order
                                             pursuant to section 110(k)(5).
                                                                                                       Costs                                                 13045 as applying only to those
                                             B. Background on the 2012 Annual                            This action is not an Executive Order               regulatory actions that concern
                                             PM2.5 NAAQS                                               13771 regulatory action, because it is                environmental health or safety risks that
                                                                                                       not a significant regulatory action under             the EPA has reason to believe may
                                                On December 14, 2012, the EPA                                                                                disproportionately affect children, per
                                                                                                       Executive Order 12866.
                                             promulgated a revised primary annual                                                                            the definition of ‘‘covered regulatory
                                             PM2.5 NAAQS to provide increased                          C. Paperwork Reduction Act (PRA)                      action’’ in section 2–202 of the
                                             protection of public health and welfare                      This action does not impose an                     Executive Order. This action is not
                                             from fine particle pollution.1 In that                    information collection burden under the               subject to Executive Order 13045,
                                             action, the EPA revised the primary                       provisions of the PRA, 44 U.S.C. 3501                 because it does not concern an
                                             annual PM2.5 standard, strengthening it                   et seq. This final rule does not establish            environmental health risk or safety risk.
                                             from 15.0 micrograms per cubic meter                      any new information collection
                                             (mg/m3) to 12.0 mg/m3, which is attained                                                                        I. Executive Order 13211: Actions That
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                                                                                                       requirement apart from what is already
                                             when the three-year average of the                                                                              Significantly Affect Energy Supply,
                                                                                                       required by law.
                                             annual arithmetic means does not                                                                                Distribution or Use
                                             exceed 12.0 mg/m3. Infrastructure SIPs                    D. Regulatory Flexibility Act (RFA)                      This action is not subject to Executive
                                             addressing the revised standard were                        This action is not subject to the RFA.              Order 13211, because it is not a
                                                                                                       The RFA applies only to rules subject to              significant regulatory action under
                                               1 78   FR 3086; January 15, 2013.                       notice and comment rulemaking                         Executive Order 12866.


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                                             60872            Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                             J. National Technology Transfer and                     ENVIRONMENTAL PROTECTION                              the companion proposed rule which
                                             Advancement Act                                         AGENCY                                                was also published on October 26, 2017
                                                                                                                                                           (82 FR 49563). In the DFR, we stated
                                               This rulemaking does not involve                      40 CFR Part 62                                        that if we received adverse comment by
                                             technical standards.                                                                                          November 27, 2017, the rule would be
                                                                                                     [EPA–R03–OAR–2017–0509; FRL–9972–52–
                                             K. Executive Order 12898: Federal                       Region 3]                                             withdrawn and not take effect. EPA
                                             Actions To Address Environmental                                                                              subsequently received an adverse
                                                                                                     Full Withdrawal of Approval and                       comment. EPA will address the
                                             Justice in Minority Populations and
                                                                                                     Promulgation of State Air Quality Plans               comment received in a subsequent final
                                             Low-Income Populations
                                                                                                     for Designated Facilities and                         action based upon the proposed action
                                               The EPA believes the human health or                  Pollutants; City of Philadelphia;                     also published on October 26, 2017.
                                             environmental risk addressed by this                    Control of Emissions From Existing                    EPA will not institute a second
                                             action will not have potential                          Sewage Sludge Incineration Units                      comment period on this action. As a
                                             disproportionately high and adverse                                                                           result of the comment received, EPA is
                                                                                                     AGENCY: Environmental Protection                      withdrawing the direct final rule
                                             human health or environmental effects                   Agency (EPA).
                                             on minority, low-income or indigenous                                                                         approving the negative declaration
                                                                                                     ACTION: Withdrawal of direct final rule.              submitted by the City of Philadelphia
                                             populations, because it does not affect
                                                                                                                                                           for existing SSI units.
                                             the level of protection provided to                     SUMMARY:   Due to the receipt of an
                                             human health or the environment. The                    adverse comment, the Environmental                    List of Subjects in 40 CFR Part 62
                                             EPA’s evaluation of environmental                       Protection Agency (EPA) is withdrawing                  Environmental protection,
                                             justice considerations is contained in                  the October 26, 2017 direct final rule                Administrative practice and procedure,
                                             section IV of this notice.                              (DFR) that approved a negative                        Air pollution control, Intergovernmental
                                                                                                     declaration submitted by the City of                  relations, Reporting and recordkeeping
                                             L. Congressional Review Act (CRA)                       Philadelphia. The negative declaration                requirements, Waste treatment and
                                                                                                     certified that no existing sewage sludge              disposal.
                                               This action is subject to the CRA, and
                                                                                                     incineration (SSI) units exist within the
                                             the EPA will submit a rule report to                                                                            Dated: December 15, 2017.
                                                                                                     City of Philadelphia. EPA stated in the
                                             each House of the Congress and to the                                                                         Cosmo Servidio
                                                                                                     direct final rule that if EPA received
                                             Comptroller General of the United                       adverse comments by November 27,                      Regional Administrator, Region III.
                                             States. This action is not a ‘‘major rule’’             2017, the rule would be withdrawn and
                                             as defined by 5 U.S.C. 804(2).                                                                                ■ Accordingly, the amendments to 40
                                                                                                     not take effect. EPA subsequently                     CFR 62.9665, published on October 26,
                                             M. Petitions for Judicial Review                        received an adverse comment. This                     2017 (82 FR 49511), are withdrawn
                                                                                                     withdrawal action is being taken under                effective December 26, 2017.
                                                Under section 307(b)(1) of the CAA,                  sections 129 and 111(d) of the Clean Air              [FR Doc. 2017–27795 Filed 12–22–17; 8:45 am]
                                             petitions for judicial review of this                   Act.
                                                                                                                                                           BILLING CODE 6560–50–P
                                             action must be filed in the United States               DATES: The direct final rule published at
                                             Court of Appeals for the appropriate                    82 FR 49511 on October 26, 2017, is
                                             circuit by February 26, 2018. Filing a                  withdrawn effective December 26, 2017.                ENVIRONMENTAL PROTECTION
                                             petition for reconsideration by the                     ADDRESSES: EPA has established docket                 AGENCY
                                             Administrator of this final rule does not               number EPA–R03–OAR–2017–0509 for
                                             affect the finality of this rule for the                this action. The index to the docket is               40 CFR Part 62
                                             purposes of judicial review nor does it                 available electronically at http://
                                             extend the time within which a petition                 www.regulations.gov and in hard copy                  [EPA–R03–OAR–2017–0484; FRL–9972–55-
                                             for judicial review may be filed, and                   at Air Protection Division, U.S.                      Region 3]
                                             shall not postpone the effectiveness of                 Environmental Protection Agency,
                                             such rule or action. This action may not                Region III, 1650 Arch Street,                         Approval and Promulgation of Air
                                             be challenged later in proceedings to                   Philadelphia, Pennsylvania 19103.                     Quality Implementation Plans;
                                             enforce its requirements (see section                   FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                                                                           Maryland; Continuous Opacity
                                                                                                     Mike Gordon, (215) 814–2039, or by                    Monitoring Requirements for Municipal
                                             307(b)(2)).
                                                                                                     email at gordon.mike@epa.gov.                         Waste Combustors; Withdrawal of
                                             List of Subjects in 40 CFR Part 52                                                                            Direct Final Rule
                                                                                                     SUPPLEMENTARY INFORMATION:
                                               Environmental protection, Air                         Philadelphia Air Management Services                  AGENCY: Environmental Protection
                                             pollution control, Incorporation by                     submitted a negative declaration letter               Agency (EPA).
                                             reference, Intergovernmental relations,                 to EPA certifying on March 28, 2012                   ACTION: Withdrawal of direct final rule.
                                             Interstate transport, Particulate matter,               that there are no SSI units subject to the
                                             Reporting and recordkeeping                             requirements of sections 111(d) and 129               SUMMARY:  Due to the receipt of an
                                             requirements.                                           of the CAA in its respective air                      adverse comment, the Environmental
                                                                                                     pollution control jurisdiction. The                   Protection Agency (EPA) is withdrawing
                                                Authority: 42 U.S.C. 7401 et seq.                    negative declaration letter and EPA’s                 the November 6, 2017 direct final rule
                                               Dated: December 11, 2017.                             technical support document for this                   (DFR) that approved revisions to the
                                                                                                                                                           State of Maryland’s Clean Air Act (CAA)
ethrower on DSK3G9T082PROD with RULES




                                             Deborah A. Szaro,                                       action are available in the docket for
                                                                                                     this rulemaking and available online at               section 111(d)/129 State Plan for
                                             Acting Regional Administrator, EPA New
                                             England.
                                                                                                     www.regulations.gov.                                  municipal waste combustors (MWCs).
                                                                                                        Please see additional information                  The revisions contain Maryland’s
                                             [FR Doc. 2017–27625 Filed 12–22–17; 8:45 am]
                                                                                                     provided in the direct final action                   amendments to Regulations .07 and .08
                                             BILLING CODE 6560–50–P                                  published in the Federal Register on                  under the Code of Maryland Regulations
                                                                                                     October 26, 2017 (82 FR 49511) and in                 (COMAR) 26.11.08. This withdrawal


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Document Created: 2017-12-23 03:08:10
Document Modified: 2017-12-23 03:08:10
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 25, 2018.
ContactAlison C. Simcox, Environmental Scientist, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918- 1684; [email protected]
FR Citation82 FR 60870 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Interstate Transport; Particulate Matter and Reporting and Recordkeeping Requirements

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