83 FR 1195 - Determination To Defer Sanctions; Arizona Department of Environmental Quality; PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 7 (January 10, 2018)

Page Range		1195-1197
FR Document		2018-00030

The Environmental Protection Agency (EPA) is making an interim final determination that the State of Arizona has corrected a deficiency in its Clean Air Act (CAA or Act) state implementation plan (SIP) provisions concerning air permitting. Specifically, based on a proposed conditional approval published elsewhere in this Federal Register, and based on a prior proposed approval, previously published in the Federal Register, EPA is making an interim final determination that the State of Arizona (State) has satisfied the requirements of part D of the CAA permitting program for areas under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ) with respect to fine particular matter (PM<INF>2.5</INF>) precursors. The effect of this interim final determination that the State has corrected the deficiency in the permitting program is that the imposition of sanctions that were triggered by a previous limited disapproval action by EPA in 2016 is now deferred. If the State meets its commitment that is the basis for the conditional approval, relief from these sanctions will become permanent upon the EPA's full approval of the State submission. If the EPA determines that the State has not met its commitment and the conditional approval is converted to a disapproval, these sanctions will no longer be deferred.

Federal Register, Volume 83 Issue 7 (Wednesday, January 10, 2018)

[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1195-1197]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-00030]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0255; FRL-9972-78-Region 9]

Determination To Defer Sanctions; Arizona Department of
Environmental Quality; PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination that the State of Arizona has corrected a
deficiency in its Clean Air Act (CAA or Act) state implementation plan
(SIP) provisions concerning air permitting. Specifically, based on a
proposed conditional approval published elsewhere in this Federal
Register, and based on a prior proposed approval, previously published
in the Federal Register, EPA is making an interim final determination
that the State of Arizona (State) has satisfied the requirements of
part D of the CAA permitting program for areas under the jurisdiction
of the Arizona Department of Environmental Quality (ADEQ) with respect
to fine particular matter (PM2.5) precursors. The effect of
this interim final determination that the State has corrected the
deficiency in the permitting program is that the imposition of
sanctions that were triggered by a previous limited disapproval action
by EPA in 2016 is now deferred. If the State meets its commitment that
is the basis for the conditional approval, relief from these sanctions
will become permanent upon the EPA's full approval of the State
submission. If the EPA determines that the State has not met its
commitment and the conditional approval is converted to a disapproval,
these sanctions will no longer be deferred.

DATES: This interim final determination is effective on January 10,
2018. However, comments will be accepted until February 9, 2018.

ADDRESSES: Submit comments, identified by Docket ID No. EPA-R09-OAR-
2017-0255, at https://www.regulations.gov, or via email to
R9airpermits@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be removed or edited from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR

[[Page 1196]]

FURTHER INFORMATION CONTACT section. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9, (415) 972-
3811, beckham.lisa@epa.gov.

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

Table of Contents

I. Background
II. EPA Action
III. Statutory and Executive Order Reviews

I. Background

On June 22, 2016 (81 FR 40525), the EPA finalized a limited
disapproval of ADEQ's nonattainment New Source Review (NA-NSR) program
because it did not fully address fine PM2.5 precursors as
required by section 189(e) of the Act (referred to hereinafter as ``our
2016 PM2.5 precursor action''). Our 2016 PM2.5
precursor action was a final limited disapproval action under title I,
part D of the Act, relating to requirements for PM2.5
precursors in nonattainment areas. Pursuant to section 179 of the CAA
and our regulations at 40 CFR 52.31, this action under title I, part D
started a sanctions clock for imposition of offset sanctions 18 months
after the action's effective date of July 22, 2016, and highway
sanctions 6 months following imposition of the offset sanctions.
On March 21, 2017, ADEQ revised its New Source Review (NSR)
permitting program rules and on April 28, 2017, ADEQ submitted revised
NSR permitting rules to the EPA for approval into the Arizona SIP
(April 2017 NSR submittal), including rules intended to address the
limited disapproval issue under title I, part D that we identified in
our 2016 PM2.5 precursor action. On June 1, 2017, we
proposed approval of the April 2017 NSR submittal, based in part on a
finding that the submittal addressed most of the deficiencies with
ADEQ's NA-NSR program identified in our 2016 PM2.5 precursor
action. See 82 FR 25213, 25219 (June 1, 2017); May 2017 Technical
Support Document (TSD) supporting our June 1, 2017 proposed rule action
at 21-22.
To address the remaining deficiency identified by the EPA in our
2016 PM2.5 precursor action, which pertains to a particular
requirement regarding the regulation of ammonia as a PM2.5
precursor, in a letter dated December 6, 2017, ADEQ committed to adopt
revisions to provisions in ADEQ Rule R18-2-101 and/or make other
specific demonstrations to satisfy the requirements of CAA section
189(e) and related EPA regulations governing ammonia as a precursor to
PM2.5 under the NA-NSR program. The State committed to make
such submissions and demonstrations no later than March 31, 2019, or
within one year from the date on which the EPA takes final action on
the April 2017 NSR submittal, whichever is earlier. See Letter from
Timothy S. Franquist, Director, Air Quality Division, ADEQ to Alexis
Strauss, Acting Regional Administrator, EPA Region 9, dated Dec. 6,
2017. In the Proposed Rules section of this Federal Register, we have
proposed conditional approval of ADEQ's April 2017 NSR submittal with
respect to the remaining deficiency identified in our 2016
PM2.5 precursor action concerning ammonia as a
PM2.5 precursor under section 189(e) of the Act.

II. EPA Action

Based on the proposed conditional approval action and our June 1,
2017 proposed approval action, pursuant to 40 CFR 52.31(d)(2), we are
issuing this interim final determination, effective on publication,
determining that ADEQ's revised plan corrects the deficiencies that
triggered the sanctions clock. The effect of this action is to defer
imposition of the offset sanctions and highway sanctions that were
triggered by our 2016 limited disapproval of ADEQ's NA-NSR permitting
program with respect to PM2.5 precursors.
The EPA is providing the public with an opportunity to comment on
this interim final determination that the deficiency has been corrected
and the resultant deferral of sanctions. If comments are submitted that
change our assessment described in this interim final determination
and/or the proposed conditional approval of ADEQ's April 2017 NSR
submittal with respect to the title I, part D deficiencies identified
in our 2016 PM2.5 precursor action, we would take final
action to lift this deferral of sanctions under 40 CFR 52.31. If no
comments are submitted that change our assessment, then all sanctions
and any sanction clocks triggered by our 2016 PM2.5
precursor action would be deferred unless and until (1) the EPA
proposes or takes final action to disapprove the April 2017 NSR
submittal with respect to the deficiencies identified in our 2016
PM2.5 precursor action, (2) the conditional approval
converts to a disapproval, or (3) the EPA determines through a finding
of failure to submit or through a proposed or final action disapproving
in whole or in part the SIP submittal that ADEQ is required to submit
to fulfill its commitment in the conditionally approved plan in
accordance with ADEQ's December 6, 2017 letter. Sanctions and sanctions
clocks triggered by our 2016 PM2.5 precursor action would be
permanently terminated on the effective date of a final approval of the
SIP submittal that ADEQ submits to fulfill the commitment in the
conditionally approved plan.
Because the EPA has preliminarily determined that ADEQ's April 2017
NSR submittal and December 6, 2017 commitment letter address the
deficiencies under part D of title I of the CAA for PM2.5
precursors identified in our 2016 PM2.5 precursor action,
relief from sanctions should be provided as quickly as possible.
Therefore, the EPA is invoking the good cause exception under the
Administrative Procedure Act (APA) in not providing an opportunity for
comment before this action takes effect (5 U.S.C. 553(b)(3)). However,
by this action, the EPA is providing the public with a chance to
comment on the EPA's determination after the effective date, and the
EPA will consider any comments received in determining whether to
reverse such action.
The EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. The EPA has reviewed the State's submittal and,
through our proposed actions, is indicating that it is more likely than
not that the State has submitted a revision to the SIP that corrects
deficiencies under part D of the Act that were the basis for the action
that started the sanctions clocks. Therefore, it is not in the public
interest to impose sanctions. Moreover, with respect to the effective
date of this action, the EPA is invoking the good cause exception to
the 30-day notice requirement of the APA because the purpose of this
notice is to relieve a restriction (5 U.S.C. 553(d)(1)).

III. Statutory and Executive Order Reviews

This action defers sanctions and imposes no additional
requirements.

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

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

[[Page 1197]]

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

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

C. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under
the PRA. This action defers sanctions and imposes no new requirements.

D. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
defers sanctions and imposes no new requirements.

E. Unfunded Mandates Reform Act (UMRA)

This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

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 action defers sanctions and imposes no new
requirements. In addition, this action does not apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. Thus, Executive Order
13175 does not apply to this action.

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

The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This 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 action 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 that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This action defers sanctions
in accordance with CAA regulatory provisions and imposes no additional
requirements.

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. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this action as
discussed in section II of this preamble, including the basis for that
finding.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 12, 2018. Filing a petition for
reconsideration by the EPA Administrator of this interim final
determination does not affect the finality of this action for the
purpose of judicial review nor does it extend the time within which
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements (see CAA section
307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

Dated: December 20, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-00030 Filed 1-9-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 1195

opening an additional comment period. Intergovernmental relations, Lead, Authority: 42 U.S.C. 7401 et seq.
At a later date, the Agency may finalize Nitrogen dioxide, Ozone, Particulate
action on these two regulations based on matter, Reporting and recordkeeping Subpart II—North Carolina
the July 18, 2017 propose rule and requirements, Sulfur oxides, Volatile
■ 2. In section 52.1770(c), Table 1,
respond to the comments in the final organic compounds.
under the heading ‘‘Subchapter 2Q—Air
action. All other North Carolina Dated: December 22, 2017. Quality Permits,’’ under the heading
regulations that were the subject of the
Onis ‘‘Trey’’ Glenn, III, ‘‘Section .0800 Exclusionary Rules,’’ is
July 18, 2017 direct final rule are not
Regional Administrator, Region 4. amended by:
affected by this removal and were
■ a. Revising the entry for ‘‘Sect. .0808’’;
incorporated by reference into the SIP as 40 CFR part 52 is amended as follows: and
of September 18, 2017, the effective date
■ b. Removing the entry for ‘‘Sect.
of the direct final rule (82 FR 32767). PART 52—APPROVAL AND .0810’’
List of Subjects in 40 CFR Part 52 PROMULGATION OF The revision reads as follows:
IMPLEMENTATION PLANS
Environmental protection, Air § 52.1770 Identification of plan.
pollution control, Carbon monoxide, ■ 1. The authority citation for part 52 * * * * *
Incorporation by reference, continues to read as follows: (c) * * *

TABLE 1—EPA-APPROVED NORTH CAROLINA REGULATIONS
State
State citation Title/subject effective EPA approval date Explanation
date

* * * * * * *

Subchapter 2Q—Air Quality Permits

* * * * * * *

Section .0800 Exclusionary Rules

* * * * * * *
Sect. .0808 ............................. Peak Shaving Generators ...... 7/1/1999 10/22/2002, 67 FR 64989.

* * * * * * *

[FR Doc. 2018–00028 Filed 1–9–18; 8:45 am] published in the Federal Register, EPA ADDRESSES: Submit comments,
BILLING CODE 6560–50–P is making an interim final determination identified by Docket ID No. EPA–R09–
that the State of Arizona (State) has OAR–2017–0255, at https://
satisfied the requirements of part D of www.regulations.gov, or via email to
ENVIRONMENTAL PROTECTION the CAA permitting program for areas R9airpermits@epa.gov. For comments
AGENCY under the jurisdiction of the Arizona submitted at Regulations.gov, follow the
Department of Environmental Quality online instructions for submitting
40 CFR Part 52 (ADEQ) with respect to fine particular comments. Once submitted, comments
[EPA–R09–OAR–2017–0255; FRL–9972–78– matter (PM2.5) precursors. The effect of cannot be removed or edited from
Region 9] this interim final determination that the Regulations.gov. For either manner of
State has corrected the deficiency in the submission, the EPA may publish any
Determination To Defer Sanctions; permitting program is that the comment received to its public docket.
Arizona Department of Environmental imposition of sanctions that were Do not submit electronically any
Quality; PM2.5 triggered by a previous limited information you consider to be
AGENCY: Environmental Protection disapproval action by EPA in 2016 is Confidential Business Information (CBI)
Agency (EPA). now deferred. If the State meets its or other information whose disclosure is
commitment that is the basis for the restricted by statute. Multimedia
ACTION: Interim final determination.
conditional approval, relief from these submissions (audio, video, etc.) must be
SUMMARY: The Environmental Protection sanctions will become permanent upon accompanied by a written comment.
Agency (EPA) is making an interim final the EPA’s full approval of the State The written comment is considered the
determination that the State of Arizona submission. If the EPA determines that official comment and should include
has corrected a deficiency in its Clean the State has not met its commitment discussion of all points you wish to
jstallworth on DSKBBY8HB2PROD with RULES

Air Act (CAA or Act) state and the conditional approval is make. The EPA will generally not
implementation plan (SIP) provisions converted to a disapproval, these consider comments or comment
concerning air permitting. Specifically, sanctions will no longer be deferred. contents located outside of the primary
based on a proposed conditional DATES: This interim final determination submission (i.e. on the web, cloud, or
approval published elsewhere in this is effective on January 10, 2018. other file sharing system). For
Federal Register, and based on a prior However, comments will be accepted additional submission methods, please
proposed approval, previously until February 9, 2018. contact the person identified in the FOR

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Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 1197

B. Executive Order 13771: Reducing does not apply on any Indian each House of the Congress and to the
Regulations and Controlling Regulatory reservation land or in any other area Comptroller General of the United
Costs where the EPA or an Indian tribe has States. The CRA allows the issuing
This action is not an Executive Order demonstrated that a tribe has agency to make a rule effective sooner
13771 regulatory action because this jurisdiction. Thus, Executive Order than otherwise provided by the CRA if
action is not significant under Executive 13175 does not apply to this action. the agency makes a good cause finding
Order 12866. H. Executive Order 13045: Protection of that notice and comment rulemaking
Children From Environmental Health procedures are impracticable,
C. Paperwork Reduction Act (PRA)
Risks and Safety Risks unnecessary or contrary to the public
This action does not impose an interest (5 U.S.C. 808(2)). The EPA has
The EPA interprets Executive Order
information collection burden under the made a good cause finding for this
13045 as applying only to those
PRA. This action defers sanctions and action as discussed in section II of this
regulatory actions that concern
imposes no new requirements. preamble, including the basis for that
environmental health or safety risks that
D. Regulatory Flexibility Act (RFA) the EPA has reason to believe may finding.
I certify that this action will not have disproportionately affect children, per Under section 307(b)(1) of the CAA,
a significant economic impact on a the definition of ‘‘covered regulatory petitions for judicial review of this
substantial number of small entities action’’ in section 2–202 of the action must be filed in the United States
under the RFA. This action will not Executive Order. This action is not Court of Appeals for the appropriate
subject to Executive Order 13045 circuit by March 12, 2018. Filing a
impose any requirements on small
because it does not concern an petition for reconsideration by the EPA
entities. This action defers sanctions
environmental health risk or safety risk.
and imposes no new requirements. Administrator of this interim final
I. Executive Order 13211: Actions That determination does not affect the
E. Unfunded Mandates Reform Act
Significantly Affect Energy Supply, finality of this action for the purpose of
(UMRA)
Distribution, or Use judicial review nor does it extend the
This action does not contain any This action is not subject to Executive time within which petition for judicial
unfunded mandate as described in Order 13211, because it is not a review may be filed, and shall not
UMRA, 2 U.S.C. 1531–1538, and does significant regulatory action under postpone the effectiveness of such rule
not significantly or uniquely affect small Executive Order 12866. or action. This action may not be
governments. The action imposes no challenged later in proceedings to
enforceable duty on any state, local or J. National Technology Transfer and
Advancement Act enforce its requirements (see CAA
tribal governments or the private sector.
section 307(b)(2)).
F. Executive Order 13132: Federalism This action does not involve technical
standards. List of Subjects in 40 CFR Part 52
This action does not have federalism
implications. It will not have substantial K. Executive Order 12898: Federal Environmental protection,
direct effects on the states, on the Actions To Address Environmental Administrative practice and procedure,
relationship between the national Justice in Minority Populations and Air pollution control, Incorporation by
government and the states, or on the Low-Income Populations reference, Intergovernmental relations,
distribution of power and The EPA believes that this action is Nitrogen dioxide, Particulate matter,
responsibilities among the various not subject to Executive Order 12898 (59 Reporting and recordkeeping
levels of government. FR 7629, February 16, 1994) because it requirements, Sulfur dioxide, Volatile
G. Executive Order 13175: Consultation does not establish an environmental organic compounds.
and Coordination With Indian Tribal health or safety standard. This action
Authority: 42 U.S.C. 7401 et seq.
Governments defers sanctions in accordance with
CAA regulatory provisions and imposes Dated: December 20, 2017.
This action does not have tribal no additional requirements. Alexis Strauss,
implications as specified in Executive
L. Congressional Review Act (CRA) Acting Regional Administrator, Region IX.
Order 13175. This action defers
[FR Doc. 2018–00030 Filed 1–9–18; 8:45 am]
sanctions and imposes no new This action is subject to the CRA, and
requirements. In addition, this action the EPA will submit a rule report to BILLING CODE 6560–50–P
jstallworth on DSKBBY8HB2PROD with RULES

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Document Created: 2018-10-26 09:34:00
Document Modified: 2018-10-26 09:34:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim final determination.
Dates		This interim final determination is effective on January 10, 2018. However, comments will be accepted until February 9, 2018.
Contact		Lisa Beckham, EPA Region 9, (415) 972- 3811, [email protected]
FR Citation		83 FR 1195
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds