83 FR 14759 - Findings of Failure To Submit State Implementation Plan Submissions for the 2012 Fine Particulate Matter National Ambient Air Quality Standards (NAAQS)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 67 (April 6, 2018)

Page Range		14759-14762
FR Document		2018-06989

The U.S. Environmental Protection Agency (EPA) is taking final action to find that three states have failed to submit timely revisions to their state implementation plans (SIPs) as required to satisfy certain requirements under the Clean Air Act (CAA) for implementation of the annual 2012 Fine Particulate Matter National Ambient Air Quality Standards (2012 PM<INF>2.5</INF> NAAQS). These findings of failure to submit apply to states with overdue SIP revisions (or attainment plans) for certain areas initially designated as nonattainment and classified as Moderate for the 2012 PM<INF>2.5</INF> NAAQS on April 15, 2015. The SIP revisions to address all applicable Moderate area attainment plan requirements for these areas were due on October 15, 2016. If a state does not make the required complete SIP submission within 18 months of the effective date of these findings, the CAA requires the imposition of sanctions for the affected area(s). In addition, EPA is obligated to promulgate a federal implementation plan (FIP) to address any outstanding SIP requirements, if a state does not submit, and EPA does not approve, a state's submission within 24 months of the effective date of these findings.

Federal Register, Volume 83 Issue 67 (Friday, April 6, 2018)

[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Rules and Regulations]
[Pages 14759-14762]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-06989]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2018-0135; FRL-9976-35-OAR]

Findings of Failure To Submit State Implementation Plan
Submissions for the 2012 Fine Particulate Matter National Ambient Air
Quality Standards (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking final
action to find that three states have failed to submit timely revisions
to their state implementation plans (SIPs) as required to satisfy
certain requirements under the Clean Air Act (CAA) for implementation
of the annual 2012 Fine Particulate Matter National Ambient Air Quality
Standards (2012 PM2.5 NAAQS). These findings of failure to
submit apply to states with overdue SIP revisions (or attainment plans)
for certain areas initially designated as nonattainment and classified
as Moderate for the 2012 PM2.5 NAAQS on April 15, 2015. The
SIP revisions to address all applicable Moderate area attainment plan
requirements for these areas were due on October 15, 2016. If a state
does not make the required complete SIP submission within 18 months of
the effective date of these findings, the CAA requires the imposition
of sanctions for the affected area(s). In addition, EPA is obligated to
promulgate a federal implementation plan (FIP) to address any
outstanding SIP requirements, if a state does not submit, and EPA does
not approve, a state's submission within 24 months of the effective
date of these findings.

DATES: The effective date of this action is May 7, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2018-0135. All documents in the docket are listed and
publicly available at http://www.regulations.gov. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically at http://www.regulations.gov or in
hard copy at the EPA Docket Center (EPA/DC), EPA WJC West Building,
Room 3334, 1301 Constitution Avenue NW, Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Office
of Air and Radiation Docket and Information Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Patrick Lessard, U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Air Quality Policy Division, Mail Code: C539-01, 109 T.W.
Alexander Drive, Research Triangle Park, NC 27711; by telephone (919)
541-5383; or by email at lessard.patrick@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Notice and Comment Under the Administrative Procedure Act (APA)

Section 553 of the APA, 5 U.S.C. 553(b)(e)(B), provides that, when
an agency for good cause finds that notice and public procedures are
impracticable, unnecessary or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. EPA has determined that there is good cause for making
this final agency action without prior proposal and opportunity for
comment because no significant EPA judgment is involved in making
findings of failure to submit SIPs, or elements of SIPs. Rather, the
findings are required by the CAA where states have made no submissions
to meet the SIP requirements, or where EPA has separately determined
that they made incomplete submissions. Thus, notice and public comment
procedures are unnecessary. EPA finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).

B. How can I get copies of this document and other related information?

In addition to being available in the docket, an electronic copy of
this action will be posted at https://www.epa.gov/pm-pollution/implementation-national-ambient-air-quality-standards-naaqs-fine-particulate-matter.

C. Where do I go if I have a specific state question?

For questions related to specific states mentioned in this notice,
please contact the appropriate EPA Regional office:

[[Page 14760]]

------------------------------------------------------------------------
Regional offices States
------------------------------------------------------------------------
Susan Spielberger, Associate Director, Office Pennsylvania.
of Air Program Planning, Mailcode 3AP30,
(215) 814-5356 or Gerallyn Duke, Acting
Associate Director, Office of Permits and
State Programs, Mailcode 3AP10, Region 3,
1650 Arch Street, Philadelphia, PA 19103,
(215) 814-2084.
Doris Lo, Chief, Rulemaking Office, Mailcode California.
AIR-4, (415) 972-3959 or Laura Lawrence,
Acting Chief, Planning Office, Mailcode AIR-
4, Region 9, 75 Hawthorne Street, San
Francisco, CA 94105, (415) 972-3407.
Gina Bonifacino, Acting Unit Manager, Air Idaho.
Planning Unit, Mailcode AWT-50, Office of Air
and Waste, 1200 6th Avenue, Suite 900,
Seattle, WA 98101, (206) 553-2970.
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D. How is the preamble organized?

Table of Contents

I. General Information
A. Notice and Comment Under the Administrative Procedure Act
(APA)
B. How can I get copies of this document and other related
information?
C. Where do I go if I have a specific state question?
D. How is the preamble organized?
II. Background
III. Consequences of Findings of Failure To Submit
IV. Findings of Failure to Submit for States that Failed To Make a
Moderate Nonattainment Area SIP Submission
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Executive
Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act of 1995 (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
M. Judicial Review

II. Background

Airborne particulate matter (PM) can be composed of a complex
mixture of particles in both solid and liquid form. Particulate matter
can be of different sizes, commonly referred to as ``coarse'' and
``fine'' particles. Fine particles, in general terms, are PM with an
aerodynamic diameter less than or equal to a nominal 2.5 micrometers
([micro]m). For this reason, particles of this size are referred to as
PM2.5.
EPA first promulgated annual and 24-hour NAAQS for PM2.5
in July 1997 \1\ and then revised the 24-hour PM2.5 NAAQS in
October 2006.\2\ Most recently, on December 14, 2012, EPA revised the
primary annual PM2.5 standard by lowering the level from
15.0 to 12.0 micrograms per cubic meter of air ([micro]g/m\3\) to
provide increased protection against health effects associated with
long- and short-term PM2.5 exposures. EPA did not revise the
secondary annual PM2.5 standard, which remains at 15.0
[micro]g/m\3\.\3\ In addition, EPA retained the level and form of the
primary and secondary 24-hour PM2.5 standards to continue to
provide supplemental protection against health and welfare effects
associated with short-term PM2.5 exposures.
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\1\ 62 FR 38652 (July 18, 1997).
\2\ 71 FR 61143 (October 17, 2006).
\3\ 78 FR 3086 (January 15, 2013).
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Promulgation of a revised NAAQS triggers a requirement for EPA to
designate areas of the country as nonattainment, attainment, or
unclassifiable for the standards. As prescribed by CAA section 188(a),
areas designated as nonattainment for a PM2.5 NAAQS are
initially classified as Moderate. Designations and initial
classifications for 14 areas in six states as Moderate nonattainment
for the 2012 PM2.5 NAAQS became effective on April 15,
2015.\4\
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\4\ 80 FR 2206 (January 15, 2015).
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Nonattainment areas for PM2.5 are subject to the general
nonattainment area planning requirements of CAA section 172 and to the
PM-specific planning requirements of CAA sections 188-189. On August
24, 2016, EPA established a final implementation rule (PM2.5
SIP Requirements Rule) \5\ outlining the attainment planning and
control requirements for current and future PM2.5 NAAQS.
Accordingly to that rule, Moderate area PM2.5 SIP
submissions shall include base year emissions inventory requirements,
an attainment projected emissions inventory, a control strategy
including reasonably available control measures and reasonably
available control technology (RACM/RACT), an attainment demonstration
with air quality modeling, a reasonable further progress (RFP)
demonstration, quantitative milestones, contingency measures, and a
nonattainment new source review (NNSR) program.\6\ The PM2.5
SIP Requirements Rule also established the due date for Moderate area
PM2.5 SIP submissions as no later than 18 months from the
effective date of area designations.\7\ Accordingly, the areas
designated as nonattainment for the 2012 PM2.5 NAAQS (with
an effective date of April 15, 2015) were required to submit Moderate
area attainment plans to EPA no later than October 15, 2016.
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\5\ Fine Particulate Matter National Ambient Air Quality
Standards: State Implementation Plan Requirements; final rule; 81 FR
58009 (August 24, 2016).
\6\ 40 CFR 51.1003(a)(2).
\7\ 40 CFR 51.1003(a)(1).
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III. Consequences of Findings of Failure To Submit

For plan requirements under part D, title I of the CAA, such as
those for PM2.5 nonattainment areas, if EPA finds that a
state has failed to make the required complete SIP submission, then CAA
section 179 establishes specific consequences, including the eventual
imposition of mandatory sanctions for the affected area(s).
Additionally, such a finding triggers an obligation under CAA section
110(c) for EPA to promulgate a FIP no later than 2 years from the
effective date of the finding, if the affected state has not submitted,
and EPA has not approved, the required SIP submission.
If EPA has not affirmatively determined that a state has submitted
a complete SIP addressing the deficiency that is the basis for these
findings within 18 months of the effective date of this rulemaking, or
the submission has not become complete by operation of law 6 months
after submission, then, pursuant to CAA section 179(a) and (b) and 40
CFR 52.31, the emissions offset sanction identified in CAA section
179(b)(2) will apply in the affected nonattainment area. If EPA has not
affirmatively determined that the state has submitted a complete SIP
addressing the deficiencies that are the basis for these findings
within 6 months

[[Page 14761]]

after the offset sanction is imposed, or the submission has not become
complete by operation of law 6 months after submission, then the
highway funding sanction will apply in the affected nonattainment area,
in accordance with CAA section 179(b)(1) and 40 CFR 52.31. The state
must make the required SIP submission and EPA must take final action to
approve the submission within 2 years of the effective date of these
findings; otherwise, EPA is required to promulgate a FIP to address the
relevant requirements. This is required pursuant to CAA section 110(c)
for the affected nonattainment area.

IV. Findings of Failure To Submit for States That Failed To Make a
Moderate Nonattainment Area SIP Submission

In this action, EPA is finding that the states listed in Table 1
have failed to submit specific Moderate area SIP elements for the 2012
PM2.5 NAAQS required under subpart 4 of part D of title I of
the CAA.

Table 1--Findings of Failure To Submit Certain Required SIP Elements for
2012 PM2.5 NAAQS Moderate Nonattainment Areas
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Region State Area name Required SIP elements
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3................................... PA..................... Allegheny County........... Emissions inventory;
Control strategy, including RACM/RACT;
Attainment demonstration;
RFP;
Quantitative milestones; and
Contingency measures;
NNSR program.
3................................... PA..................... Delaware County............ NNSR program.
3................................... PA..................... Lebanon County............. NNSR program.
9................................... CA..................... Imperial County............ Emissions inventory;
Control strategy, including RACM/RACT;
Attainment demonstration;
RFP;
Quantitative milestones; and
Contingency measures.
10.................................. ID..................... West Silver Valley......... Control strategy, including RACM/RACT;
Attainment demonstration;
RFP;
Quantitative milestones; and
Contingency measures.
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V. Environmental Justice Considerations

EPA believes that the human health or environmental risks addressed
by this action will not have disproportionately high or adverse human
health or environmental effects on minority, low-income, or indigenous
populations. This is because it does not directly affect the level of
protection provided to human health or environment under the
PM2.5 NAAQS. The purpose of this rule is to make findings
that three states have failed to provide EPA with the identified SIP
submissions, which are required by the CAA for purposes of implementing
the 2012 PM2.5 NAAQS. As such, this action does not directly
affect the level of protection provided for human health or the
environment. Moreover, it is intended that the actions and deadlines
resulting from this notice will lead to greater protection for United
States citizens, including minority, low-income, or indigenous
populations by ensuring that states meet their statutory obligation to
develop and submit SIPs to ensure that areas make progress toward
attaining the 2012 PM2.5 NAAQS.

VI. Statutory and Executive Order Reviews

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

This action is not a significant regulatory action, and therefore,
was 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 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 provisions of the PRA. This final rule does not establish any new
information collection requirement apart from what is already required
by law. This rule relates to the requirement in the CAA for states to
submit SIPs under CAA sections 172, 188 and 189 which address the
statutory requirements that apply to areas designated as Moderate
nonattainment for the 2012 PM2.5 NAAQS.

D. Regulatory Flexibility Act (RFA)

I certify that this rule 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. The rule is
a finding that the named states have not submitted the necessary SIP
revisions.

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 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.

[[Page 14762]]

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 finds that three states have failed to
submit SIP revisions that satisfy the nonattainment area planning
requirements under sections 172, 188 and 189 of the CAA for the 2012
PM2.5 NAAQS. No tribe is subject to the requirement to
submit an implementation plan under section 172, or under subpart 4 of
part D of Title I of the CAA. Thus, Executive Order 13175 does not
apply to this action.

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

EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that 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 is a finding that three states have failed to submit SIP
revisions that satisfy the Moderate nonattainment area planning
requirements under sections 172, 188 and 189 of the CAA for the 2012
PM2.5 NAAQS and does not directly or disproportionately
affect children.

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 (NTTAA)

This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

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. In finding that three states have failed to
submit SIP revisions that satisfy the Moderate nonattainment area
planning requirements under sections 172, 188 and 189 of the CAA for
the 2012 PM2.5 NAAQS, this action does not directly affect
the level of protection provided to human health or the environment.
The results of this evaluation are contained in Section V of this
preamble titled ``Environmental Justice Considerations.''

L. Congressional Review Act (CRA)

This action is subject to the CRA, and 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. Judicial Review

Section 307(b)(l) of the CAA indicates which Federal Courts of
Appeal have venue for petitions of review of final agency actions by
EPA under the CAA. This section provides, in part, that petitions for
review must be filed in the United States Court of Appeals for the
District of Columbia Circuit, (i) when the agency action consists of
``nationally applicable regulations promulgated, or final actions
taken, by the Administrator,'' or (ii) when such action is locally or
regionally applicable, if ``such action is based on a determination of
nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such a
determination.''
EPA has determined that this final rule consisting of findings of
failure to submit certain of the required SIP revisions is ``nationally
applicable'' within the meaning of section 307(b)(1) of the CAA. This
final agency action affects three states with Moderate nonattainment
areas located in three of the ten EPA Regional offices, and in two
different U.S. Federal Circuit Courts (3rd Circuit for Pennsylvania and
9th Circuit for California and Idaho).
In addition, EPA has determined that this rule has nationwide scope
or effect because it addresses a common core of knowledge and analysis
involved in formulating the decision and a common interpretation of the
requirements of 40 CFR part 51 appendix V applied to determining the
completeness of SIPs in states across the country. This determination
is appropriate because, in the 1977 CAA Amendments that revised CAA
section 307(b)(l), Congress noted that the Administrator's
determination that an action is of ``nationwide scope or effect'' would
be appropriate for any action that has ``scope or effect beyond a
single judicial circuit.'' H.R. Rep. No. 95-294 at 323-324, reprinted
in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect of this action
extends to the two judicial circuits that include the states across the
country affected by this action. In these circumstances, CAA section
307(b)(1) and its legislative history authorize the Administrator to
find the rule to be of ``nationwide scope or effect'' and, thus, to
indicate that venue for challenges lies in the District of Columbia
Circuit. Accordingly, EPA is determining that this rule is of
nationwide scope or effect.
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 District of Columbia Circuit within 60 days from the date this
final action is published in the Federal Register. Filing a petition
for review by the Administrator of this final action does not affect
the finality of the action for the purposes of judicial review, nor
does it extend the time within which a petition for judicial review
must be filed, and shall not postpone the effectiveness of such rule or
action.

List of Subjects in 40 CFR Part 52

Environmental protection, Approval and promulgation of
implementation plans, Administrative practice and procedures,
Incorporation by reference, Air pollution control, Intergovernmental
relations, and Reporting and recordkeeping requirements.

Dated: March 26, 2018.
William L. Wehrum,
Assistant Administrator.
[FR Doc. 2018-06989 Filed 4-5-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations 14759

(c) * * *

State EPA
Title effective effective Final rule citation/date Comments
date date

* * * * * * *

5 CCR 1001–12, Regulation Number 10, Criteria for Analysis of Transportation Conformity

* * * * * * *
II. Definitions ............................................... 3/30/2016 5/7/2018 [Insert Federal Register citation], 4/6/2018.
III. Interagency Consultation ....................... 3/30/2016 5/7/2018 [Insert Federal Register citation], 4/6/2018.

* * * * * * *

* * * * * area(s). In addition, EPA is obligated to (919) 541–5383; or by email at
[FR Doc. 2018–06846 Filed 4–5–18; 8:45 am] promulgate a federal implementation lessard.patrick@epa.gov.
BILLING CODE 6560–50–P plan (FIP) to address any outstanding SUPPLEMENTARY INFORMATION:
SIP requirements, if a state does not
submit, and EPA does not approve, a I. General Information
ENVIRONMENTAL PROTECTION state’s submission within 24 months of A. Notice and Comment Under the
AGENCY the effective date of these findings. Administrative Procedure Act (APA)
40 CFR Part 52 DATES: The effective date of this action Section 553 of the APA, 5 U.S.C.
is May 7, 2018. 553(b)(e)(B), provides that, when an
[EPA–HQ–OAR–2018–0135; FRL–9976–35– agency for good cause finds that notice
OAR] ADDRESSES: EPA has established a
docket for this action under Docket ID and public procedures are
Findings of Failure To Submit State No. EPA–HQ–OAR–2018–0135. All impracticable, unnecessary or contrary
Implementation Plan Submissions for documents in the docket are listed and to the public interest, the agency may
the 2012 Fine Particulate Matter publicly available at http:// issue a rule without providing notice
National Ambient Air Quality www.regulations.gov. Although listed in and an opportunity for public comment.
Standards (NAAQS) the index, some information is not EPA has determined that there is good
publicly available, i.e., Confidential cause for making this final agency
AGENCY: Environmental Protection Business Information or other action without prior proposal and
Agency (EPA). information whose disclosure is opportunity for comment because no
ACTION: Final rule. restricted by statute. Certain other significant EPA judgment is involved in
material, such as copyrighted material, making findings of failure to submit
SUMMARY: The U.S. Environmental is not placed on the internet and will be SIPs, or elements of SIPs. Rather, the
Protection Agency (EPA) is taking final publicly available only in hard copy findings are required by the CAA where
action to find that three states have form. Publicly available docket states have made no submissions to
failed to submit timely revisions to their materials are available either meet the SIP requirements, or where
state implementation plans (SIPs) as electronically at http:// EPA has separately determined that they
required to satisfy certain requirements www.regulations.gov or in hard copy at made incomplete submissions. Thus,
under the Clean Air Act (CAA) for the EPA Docket Center (EPA/DC), EPA notice and public comment procedures
implementation of the annual 2012 Fine WJC West Building, Room 3334, 1301 are unnecessary. EPA finds that this
Particulate Matter National Ambient Air Constitution Avenue NW, Washington, constitutes good cause under 5 U.S.C.
Quality Standards (2012 PM2.5 NAAQS). DC. The Public Reading Room is open 553(b)(3)(B).
These findings of failure to submit from 8:30 a.m. to 4:30 p.m., Monday B. How can I get copies of this document
apply to states with overdue SIP through Friday, excluding legal and other related information?
revisions (or attainment plans) for holidays. The telephone number for the
certain areas initially designated as Public Reading Room is (202) 566–1744, In addition to being available in the
nonattainment and classified as and the telephone number for the Office docket, an electronic copy of this action
Moderate for the 2012 PM2.5 NAAQS on of Air and Radiation Docket and will be posted at https://www.epa.gov/
April 15, 2015. The SIP revisions to Information Center is (202) 566–1742. pm-pollution/implementation-national-
address all applicable Moderate area ambient-air-quality-standards-naaqs-
attainment plan requirements for these FOR FURTHER INFORMATION CONTACT: Mr. fine-particulate-matter.
areas were due on October 15, 2016. If Patrick Lessard, U.S. Environmental
C. Where do I go if I have a specific state
a state does not make the required Protection Agency, Office of Air Quality
question?
daltland on DSKBBV9HB2PROD with RULES

complete SIP submission within 18 Planning and Standards, Air Quality
months of the effective date of these Policy Division, Mail Code: C539–01, For questions related to specific states
findings, the CAA requires the 109 T.W. Alexander Drive, Research mentioned in this notice, please contact
imposition of sanctions for the affected Triangle Park, NC 27711; by telephone the appropriate EPA Regional office:

VerDate Sep<11>2014 20:57 Apr 05, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\06APR1.SGM 06APR1

14760 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations

Regional offices States

Susan Spielberger, Associate Director, Office of Air Program Planning, Mailcode 3AP30, (215) 814–5356 or Gerallyn Duke, Pennsylvania.
Acting Associate Director, Office of Permits and State Programs, Mailcode 3AP10, Region 3, 1650 Arch Street, Philadelphia,
PA 19103, (215) 814–2084.
Doris Lo, Chief, Rulemaking Office, Mailcode AIR–4, (415) 972–3959 or Laura Lawrence, Acting Chief, Planning Office, California.
Mailcode AIR–4, Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972–3407.
Gina Bonifacino, Acting Unit Manager, Air Planning Unit, Mailcode AWT–50, Office of Air and Waste, 1200 6th Avenue, Suite Idaho.
900, Seattle, WA 98101, (206) 553–2970.

D. How is the preamble organized? EPA first promulgated annual and 24- and reasonably available control
hour NAAQS for PM2.5 in July 1997 1 technology (RACM/RACT), an
Table of Contents
and then revised the 24-hour PM2.5 attainment demonstration with air
I. General Information NAAQS in October 2006.2 Most quality modeling, a reasonable further
A. Notice and Comment Under the recently, on December 14, 2012, EPA progress (RFP) demonstration,
Administrative Procedure Act (APA) revised the primary annual PM2.5 quantitative milestones, contingency
B. How can I get copies of this document standard by lowering the level from 15.0 measures, and a nonattainment new
and other related information? to 12.0 micrograms per cubic meter of source review (NNSR) program.6 The
C. Where do I go if I have a specific state air (mg/m3) to provide increased PM2.5 SIP Requirements Rule also
question?
protection against health effects established the due date for Moderate
D. How is the preamble organized?
II. Background
associated with long- and short-term area PM2.5 SIP submissions as no later
III. Consequences of Findings of Failure To PM2.5 exposures. EPA did not revise the than 18 months from the effective date
Submit secondary annual PM2.5 standard, which of area designations.7 Accordingly, the
IV. Findings of Failure to Submit for States remains at 15.0 mg/m3.3 In addition, areas designated as nonattainment for
that Failed To Make a Moderate EPA retained the level and form of the the 2012 PM2.5 NAAQS (with an
Nonattainment Area SIP Submission primary and secondary 24-hour PM2.5 effective date of April 15, 2015) were
V. Environmental Justice Considerations standards to continue to provide required to submit Moderate area
VI. Statutory and Executive Order Reviews supplemental protection against health attainment plans to EPA no later than
A. Executive Order 12866: Regulatory and welfare effects associated with October 15, 2016.
Planning and Executive Order 13563: short-term PM2.5 exposures.
Improving Regulation and Regulatory Promulgation of a revised NAAQS III. Consequences of Findings of Failure
Review triggers a requirement for EPA to To Submit
B. Executive Order 13771: Reducing
designate areas of the country as For plan requirements under part D,
Regulations and Controlling Regulatory
Costs
nonattainment, attainment, or title I of the CAA, such as those for
C. Paperwork Reduction Act (PRA) unclassifiable for the standards. As PM2.5 nonattainment areas, if EPA finds
D. Regulatory Flexibility Act (RFA) prescribed by CAA section 188(a), areas that a state has failed to make the
E. Unfunded Mandates Reform Act of 1995 designated as nonattainment for a PM2.5 required complete SIP submission, then
(UMRA) NAAQS are initially classified as CAA section 179 establishes specific
F. Executive Order 13132: Federalism Moderate. Designations and initial consequences, including the eventual
G. Executive Order 13175: Consultation classifications for 14 areas in six states imposition of mandatory sanctions for
and Coordination With Indian Tribal as Moderate nonattainment for the 2012 the affected area(s). Additionally, such a
Governments PM2.5 NAAQS became effective on April finding triggers an obligation under
H. Executive Order 13045: Protection of 15, 2015.4
Children From Environmental Health
CAA section 110(c) for EPA to
Nonattainment areas for PM2.5 are promulgate a FIP no later than 2 years
and Safety Risks
I. Executive Order 13211: Actions That
subject to the general nonattainment from the effective date of the finding, if
Significantly Affect Energy Supply, area planning requirements of CAA the affected state has not submitted, and
Distribution or Use section 172 and to the PM-specific EPA has not approved, the required SIP
J. National Technology Transfer and planning requirements of CAA sections submission.
Advancement Act (NTTAA) 188–189. On August 24, 2016, EPA If EPA has not affirmatively
K. Executive Order 12898: Federal Actions established a final implementation rule determined that a state has submitted a
To Address Environmental Justice in (PM2.5 SIP Requirements Rule) 5 complete SIP addressing the deficiency
Minority Populations and Low-Income outlining the attainment planning and that is the basis for these findings
Populations control requirements for current and within 18 months of the effective date
L. Congressional Review Act (CRA)
future PM2.5 NAAQS. Accordingly to of this rulemaking, or the submission
M. Judicial Review
that rule, Moderate area PM2.5 SIP has not become complete by operation
II. Background submissions shall include base year of law 6 months after submission, then,
emissions inventory requirements, an pursuant to CAA section 179(a) and (b)
Airborne particulate matter (PM) can attainment projected emissions and 40 CFR 52.31, the emissions offset
be composed of a complex mixture of inventory, a control strategy including sanction identified in CAA section
particles in both solid and liquid form. reasonably available control measures 179(b)(2) will apply in the affected
Particulate matter can be of different nonattainment area. If EPA has not
sizes, commonly referred to as ‘‘coarse’’
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1 62 FR 38652 (July 18, 1997). affirmatively determined that the state
and ‘‘fine’’ particles. Fine particles, in 2 71 FR 61143 (October 17, 2006). has submitted a complete SIP
general terms, are PM with an 3 78 FR 3086 (January 15, 2013).
addressing the deficiencies that are the
aerodynamic diameter less than or equal 4 80 FR 2206 (January 15, 2015).
basis for these findings within 6 months
5 Fine Particulate Matter National Ambient Air
to a nominal 2.5 micrometers (mm). For
Quality Standards: State Implementation Plan
this reason, particles of this size are Requirements; final rule; 81 FR 58009 (August 24, 6 40 CFR 51.1003(a)(2).
referred to as PM2.5. 2016). 7 40 CFR 51.1003(a)(1).

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Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations 14761

after the offset sanction is imposed, or must take final action to approve the IV. Findings of Failure To Submit for
the submission has not become submission within 2 years of the States That Failed To Make a Moderate
complete by operation of law 6 months effective date of these findings; Nonattainment Area SIP Submission
after submission, then the highway otherwise, EPA is required to In this action, EPA is finding that the
funding sanction will apply in the promulgate a FIP to address the relevant states listed in Table 1 have failed to
affected nonattainment area, in requirements. This is required pursuant submit specific Moderate area SIP
accordance with CAA section 179(b)(1) to CAA section 110(c) for the affected elements for the 2012 PM2.5 NAAQS
and 40 CFR 52.31. The state must make nonattainment area. required under subpart 4 of part D of
the required SIP submission and EPA title I of the CAA.

TABLE 1—FINDINGS OF FAILURE TO SUBMIT CERTAIN REQUIRED SIP ELEMENTS FOR
2012 PM2.5 NAAQS MODERATE NONATTAINMENT AREAS
Region State Area name Required SIP elements

3 ................................... PA ............................... Allegheny County ............................................. • Emissions inventory;
• Control strategy, including RACM/RACT;
• Attainment demonstration;
• RFP;
• Quantitative milestones; and
• Contingency measures;
• NNSR program.
3 ................................... PA ............................... Delaware County ............................................. • NNSR program.
3 ................................... PA ............................... Lebanon County ............................................... • NNSR program.
9 ................................... CA ............................... Imperial County ................................................ • Emissions inventory;
• Control strategy, including RACM/RACT;
• Attainment demonstration;
• RFP;
• Quantitative milestones; and
• Contingency measures.
10 ................................. ID ................................ West Silver Valley ............................................ • Control strategy, including RACM/RACT;
• Attainment demonstration;
• RFP;
• Quantitative milestones; and
• Contingency measures.

V. Environmental Justice VI. Statutory and Executive Order nonattainment for the 2012 PM2.5
Considerations Reviews NAAQS.
EPA believes that the human health or A. Executive Order 12866: Regulatory D. Regulatory Flexibility Act (RFA)
environmental risks addressed by this Planning and Executive Order 13563:
Improving Regulation and Regulatory I certify that this rule will not have a
action will not have disproportionately significant economic impact on a
high or adverse human health or Review
substantial number of small entities
environmental effects on minority, low- This action is not a significant under the RFA. This action will not
income, or indigenous populations. This regulatory action, and therefore, was not impose any requirements on small
is because it does not directly affect the submitted to the Office of Management entities. The rule is a finding that the
level of protection provided to human and Budget (OMB) for review. named states have not submitted the
health or environment under the PM2.5 necessary SIP revisions.
NAAQS. The purpose of this rule is to B. Executive Order 13771: Reducing
make findings that three states have Regulations and Controlling Regulatory E. Unfunded Mandates Reform Act of
failed to provide EPA with the Costs 1995 (UMRA)
identified SIP submissions, which are This action is not an Executive Order This action does not contain any
required by the CAA for purposes of 13771 regulatory action because this unfunded mandate as described in
implementing the 2012 PM2.5 NAAQS. action is not significant under Executive UMRA 2 U.S.C. 1531–1538, and does
As such, this action does not directly Order 12866. not significantly or uniquely affect small
affect the level of protection provided governments. The action imposes no
for human health or the environment. C. Paperwork Reduction Act (PRA)
enforceable duty on any state, local or
Moreover, it is intended that the actions This action does not impose an tribal governments or the private sector.
and deadlines resulting from this notice information collection burden under the F. Executive Order 13132: Federalism
will lead to greater protection for United provisions of the PRA. This final rule
States citizens, including minority, low- does not establish any new information This action does not have federalism
income, or indigenous populations by collection requirement apart from what implications. It will not have substantial
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ensuring that states meet their statutory is already required by law. This rule direct effects on the states, on the
obligation to develop and submit SIPs to relates to the requirement in the CAA relationship between the national
ensure that areas make progress toward for states to submit SIPs under CAA government and the states, or on the
attaining the 2012 PM2.5 NAAQS. sections 172, 188 and 189 which distribution of power and
address the statutory requirements that responsibilities among the various
apply to areas designated as Moderate levels of government.

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14762 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations

G. Executive Order 13175: Consultation environment. The results of this history authorize the Administrator to
and Coordination With Indian Tribal evaluation are contained in Section V of find the rule to be of ‘‘nationwide scope
Governments this preamble titled ‘‘Environmental or effect’’ and, thus, to indicate that
This action does not have tribal Justice Considerations.’’ venue for challenges lies in the District
implications as specified in Executive of Columbia Circuit. Accordingly, EPA
L. Congressional Review Act (CRA)
Order 13175. This rule finds that three is determining that this rule is of
This action is subject to the CRA, and nationwide scope or effect.
states have failed to submit SIP
EPA will submit a rule report to each Under section 307(b)(1) of the CAA,
revisions that satisfy the nonattainment
House of the Congress and to the petitions for judicial review of this
area planning requirements under
Comptroller General of the United action must be filed in the United States
sections 172, 188 and 189 of the CAA
States. This action is not a ‘‘major rule’’ Court of Appeals for the District of
for the 2012 PM2.5 NAAQS. No tribe is
as defined by 5 U.S.C. 804(2). Columbia Circuit within 60 days from
subject to the requirement to submit an
implementation plan under section 172, M. Judicial Review the date this final action is published in
or under subpart 4 of part D of Title I the Federal Register. Filing a petition
Section 307(b)(l) of the CAA indicates for review by the Administrator of this
of the CAA. Thus, Executive Order which Federal Courts of Appeal have
13175 does not apply to this action. final action does not affect the finality
venue for petitions of review of final of the action for the purposes of judicial
H. Executive Order 13045: Protection of agency actions by EPA under the CAA. review, nor does it extend the time
Children From Environmental Health This section provides, in part, that within which a petition for judicial
and Safety Risks petitions for review must be filed in the review must be filed, and shall not
United States Court of Appeals for the postpone the effectiveness of such rule
EPA interprets Executive Order 13045
District of Columbia Circuit, (i) when or action.
as applying only to those regulatory
the agency action consists of ‘‘nationally
actions that concern health or safety List of Subjects in 40 CFR Part 52
applicable regulations promulgated, or
risks that EPA has reason to believe may
final actions taken, by the Environmental protection, Approval
disproportionately affect children, per
Administrator,’’ or (ii) when such action and promulgation of implementation
the definition of ‘‘covered regulatory
is locally or regionally applicable, if plans, Administrative practice and
action’’ in section 2–202 of the
‘‘such action is based on a procedures, Incorporation by reference,
Executive Order. This action is not
determination of nationwide scope or Air pollution control, Intergovernmental
subject to Executive Order 13045
effect and if in taking such action the relations, and Reporting and
because it is a finding that three states
Administrator finds and publishes that recordkeeping requirements.
have failed to submit SIP revisions that
such action is based on such a
satisfy the Moderate nonattainment area Dated: March 26, 2018.
determination.’’
planning requirements under sections EPA has determined that this final William L. Wehrum,
172, 188 and 189 of the CAA for the rule consisting of findings of failure to Assistant Administrator.
2012 PM2.5 NAAQS and does not
submit certain of the required SIP [FR Doc. 2018–06989 Filed 4–5–18; 8:45 am]
directly or disproportionately affect
revisions is ‘‘nationally applicable’’ BILLING CODE 6560–50–P
children.
within the meaning of section 307(b)(1)
I. Executive Order 13211: Actions That of the CAA. This final agency action
Significantly Affect Energy Supply, affects three states with Moderate ENVIRONMENTAL PROTECTION
Distribution or Use nonattainment areas located in three of AGENCY
This action is not subject to Executive the ten EPA Regional offices, and in two
different U.S. Federal Circuit Courts 40 CFR Parts 52 and 70
Order 13211, because it is not a
significant regulatory action under (3rd Circuit for Pennsylvania and 9th [EPA–R07–OAR–2017–0485; FRL–9976–52–
Circuit for California and Idaho). Region 7]
Executive Order 12866.
In addition, EPA has determined that
J. National Technology Transfer and this rule has nationwide scope or effect Approval of Nebraska Air Quality
Advancement Act (NTTAA) because it addresses a common core of Implementation Plans, Operating
knowledge and analysis involved in Permits Program, and 112(l) Program;
This rulemaking does not involve
formulating the decision and a common Revision to Nebraska Administrative
technical standards.
interpretation of the requirements of 40 Code
K. Executive Order 12898: Federal CFR part 51 appendix V applied to
Actions To Address Environmental AGENCY: Environmental Protection
determining the completeness of SIPs in Agency (EPA).
Justice in Minority Populations and states across the country. This
Low-Income Populations ACTION: Final rule.
determination is appropriate because, in
EPA believes the human health or the 1977 CAA Amendments that revised SUMMARY: The Environmental Protection
environmental risk addressed by this CAA section 307(b)(l), Congress noted Agency (EPA) is taking final action to
action will not have potential that the Administrator’s determination approve revisions to the State
disproportionately high and adverse that an action is of ‘‘nationwide scope Implementation Plan (SIP), Operating
human health or environmental effects or effect’’ would be appropriate for any Permits Program, and 112(l) Program
on minority, low-income, or indigenous action that has ‘‘scope or effect beyond submitted on July 14, 2014, by the State
populations. In finding that three states a single judicial circuit.’’ H.R. Rep. No. of Nebraska. This action amends the SIP
have failed to submit SIP revisions that 95–294 at 323–324, reprinted in 1977 to revise two chapters, ‘‘Definitions’’
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satisfy the Moderate nonattainment area U.S.C.C.A.N. 1402–03. Here, the scope and ‘‘Operating Permit Modifications;
planning requirements under sections and effect of this action extends to the Reopening for Cause’’. Specifically,
172, 188 and 189 of the CAA for the two judicial circuits that include the these revisions incorporate by reference
2012 PM2.5 NAAQS, this action does not states across the country affected by this the list of organic compounds exempt
directly affect the level of protection action. In these circumstances, CAA from the definition of volatile organic
provided to human health or the section 307(b)(1) and its legislative compound (VOC) found in the Code of

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Document Created: 2018-11-01 09:15:40
Document Modified: 2018-11-01 09:15:40

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		Final rule.
Dates		The effective date of this action is May 7, 2018.
Contact		Mr. Patrick Lessard, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Air Quality Policy Division, Mail Code: C539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by telephone (919) 541-5383; or by email at [email protected]
FR Citation		83 FR 14759
CFR Associated		Environmental Protection; Approval and Promulgation of Implementation Plans; Administrative Practice and Procedures; Incorporation by Reference; Air Pollution Control; Intergovernmental Relations and Reporting and Recordkeeping Requirements