83_FR_1202 83 FR 1195 - Determination To Defer Sanctions; Arizona Department of Environmental Quality; PM2.5

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 Range1195-1197
FR Document2018-00030

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.

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

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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                                                1196             Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations

                                                FURTHER INFORMATION CONTACT          section.           R18–2–101 and/or make other specific                   that ADEQ is required to submit to
                                                For the full EPA public comment policy,                 demonstrations to satisfy the                          fulfill its commitment in the
                                                information about CBI or multimedia                     requirements of CAA section 189(e) and                 conditionally approved plan in
                                                submissions, and general guidance on                    related EPA regulations governing                      accordance with ADEQ’s December 6,
                                                making effective comments, please visit                 ammonia as a precursor to PM2.5 under                  2017 letter. Sanctions and sanctions
                                                https://www.epa.gov/dockets/                            the NA–NSR program. The State                          clocks triggered by our 2016 PM2.5
                                                commenting-epa-dockets.                                 committed to make such submissions                     precursor action would be permanently
                                                FOR FURTHER INFORMATION CONTACT: Lisa                   and demonstrations no later than March                 terminated on the effective date of a
                                                Beckham, EPA Region 9, (415) 972–                       31, 2019, or within one year from the                  final approval of the SIP submittal that
                                                3811, beckham.lisa@epa.gov.                             date on which the EPA takes final action               ADEQ submits to fulfill the commitment
                                                SUPPLEMENTARY INFORMATION:                              on the April 2017 NSR submittal,
                                                                                                                                                               in the conditionally approved plan.
                                                Throughout this document, the terms                     whichever is earlier. See Letter from
                                                ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.           Timothy S. Franquist, Director, Air                       Because the EPA has preliminarily
                                                                                                        Quality Division, ADEQ to Alexis                       determined that ADEQ’s April 2017
                                                Table of Contents                                       Strauss, Acting Regional Administrator,                NSR submittal and December 6, 2017
                                                I. Background                                           EPA Region 9, dated Dec. 6, 2017. In the               commitment letter address the
                                                II. EPA Action                                          Proposed Rules section of this Federal                 deficiencies under part D of title I of the
                                                III. Statutory and Executive Order Reviews              Register, we have proposed conditional                 CAA for PM2.5 precursors identified in
                                                I. Background                                           approval of ADEQ’s April 2017 NSR                      our 2016 PM2.5 precursor action, relief
                                                                                                        submittal with respect to the remaining                from sanctions should be provided as
                                                   On June 22, 2016 (81 FR 40525), the                  deficiency identified in our 2016 PM2.5                quickly as possible. Therefore, the EPA
                                                EPA finalized a limited disapproval of                  precursor action concerning ammonia as                 is invoking the good cause exception
                                                ADEQ’s nonattainment New Source                         a PM2.5 precursor under section 189(e)
                                                Review (NA–NSR) program because it                                                                             under the Administrative Procedure Act
                                                                                                        of the Act.                                            (APA) in not providing an opportunity
                                                did not fully address fine PM2.5
                                                precursors as required by section 189(e)                II. EPA Action                                         for comment before this action takes
                                                of the Act (referred to hereinafter as                     Based on the proposed conditional                   effect (5 U.S.C. 553(b)(3)). However, by
                                                ‘‘our 2016 PM2.5 precursor action’’). Our               approval action and our June 1, 2017                   this action, the EPA is providing the
                                                2016 PM2.5 precursor action was a final                 proposed approval action, pursuant to                  public with a chance to comment on the
                                                limited disapproval action under title I,               40 CFR 52.31(d)(2), we are issuing this                EPA’s determination after the effective
                                                part D of the Act, relating to                          interim final determination, effective on              date, and the EPA will consider any
                                                requirements for PM2.5 precursors in                    publication, determining that ADEQ’s                   comments received in determining
                                                nonattainment areas. Pursuant to                        revised plan corrects the deficiencies                 whether to reverse such action.
                                                section 179 of the CAA and our                          that triggered the sanctions clock. The                   The EPA believes that notice-and-
                                                regulations at 40 CFR 52.31, this action                effect of this action is to defer                      comment rulemaking before the
                                                under title I, part D started a sanctions               imposition of the offset sanctions and                 effective date of this action is
                                                clock for imposition of offset sanctions                highway sanctions that were triggered                  impracticable and contrary to the public
                                                18 months after the action’s effective                  by our 2016 limited disapproval of
                                                                                                                                                               interest. The EPA has reviewed the
                                                date of July 22, 2016, and highway                      ADEQ’s NA–NSR permitting program
                                                sanctions 6 months following                                                                                   State’s submittal and, through our
                                                                                                        with respect to PM2.5 precursors.
                                                imposition of the offset sanctions.                        The EPA is providing the public with                proposed actions, is indicating that it is
                                                   On March 21, 2017, ADEQ revised its                  an opportunity to comment on this                      more likely than not that the State has
                                                New Source Review (NSR) permitting                      interim final determination that the                   submitted a revision to the SIP that
                                                program rules and on April 28, 2017,                    deficiency has been corrected and the                  corrects deficiencies under part D of the
                                                ADEQ submitted revised NSR                              resultant deferral of sanctions. If                    Act that were the basis for the action
                                                permitting rules to the EPA for approval                comments are submitted that change our                 that started the sanctions clocks.
                                                into the Arizona SIP (April 2017 NSR                    assessment described in this interim                   Therefore, it is not in the public interest
                                                submittal), including rules intended to                 final determination and/or the proposed                to impose sanctions. Moreover, with
                                                address the limited disapproval issue                   conditional approval of ADEQ’s April                   respect to the effective date of this
                                                under title I, part D that we identified                2017 NSR submittal with respect to the                 action, the EPA is invoking the good
                                                in our 2016 PM2.5 precursor action. On                  title I, part D deficiencies identified in             cause exception to the 30-day notice
                                                June 1, 2017, we proposed approval of                   our 2016 PM2.5 precursor action, we                    requirement of the APA because the
                                                the April 2017 NSR submittal, based in                  would take final action to lift this                   purpose of this notice is to relieve a
                                                part on a finding that the submittal                    deferral of sanctions under 40 CFR                     restriction (5 U.S.C. 553(d)(1)).
                                                addressed most of the deficiencies with                 52.31. If no comments are submitted
                                                ADEQ’s NA–NSR program identified in                     that change our assessment, then all                   III. Statutory and Executive Order
                                                our 2016 PM2.5 precursor action. See 82                 sanctions and any sanction clocks                      Reviews
                                                FR 25213, 25219 (June 1, 2017); May                     triggered by our 2016 PM2.5 precursor
                                                                                                                                                                 This action defers sanctions and
                                                2017 Technical Support Document                         action would be deferred unless and
                                                                                                                                                               imposes no additional requirements.
                                                (TSD) supporting our June 1, 2017                       until (1) the EPA proposes or takes final
                                                proposed rule action at 21–22.                          action to disapprove the April 2017 NSR                A. Executive Order 12866: Regulatory
                                                   To address the remaining deficiency                  submittal with respect to the                          Planning and Review and Executive
jstallworth on DSKBBY8HB2PROD with RULES




                                                identified by the EPA in our 2016 PM2.5                 deficiencies identified in our 2016 PM2.5              Order 13563: Improving Regulation and
                                                precursor action, which pertains to a                   precursor action, (2) the conditional                  Regulatory Review
                                                particular requirement regarding the                    approval converts to a disapproval, or
                                                regulation of ammonia as a PM2.5                        (3) the EPA determines through a                         This action is not a significant
                                                precursor, in a letter dated December 6,                finding of failure to submit or through                regulatory action and was therefore not
                                                2017, ADEQ committed to adopt                           a proposed or final action disapproving                submitted to the Office of Management
                                                revisions to provisions in ADEQ Rule                    in whole or in part the SIP submittal                  and Budget (OMB) for review.


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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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final determination.
DatesThis interim final determination is effective on January 10, 2018. However, comments will be accepted until February 9, 2018.
ContactLisa Beckham, EPA Region 9, (415) 972- 3811, [email protected]
FR Citation83 FR 1195 
CFR AssociatedEnvironmental 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

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