83 FR 8750 - Determination To Defer Sanctions; Bay Area Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 41 (March 1, 2018)
Federal Register Volume 83, Issue 41 (March 1, 2018)
| Page Range | 8750-8752 | |
| FR Document | 2018-04111 |
[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)] [Rules and Regulations] [Pages 8750-8752] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04111] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0080; FRL-9974-97--Region 9] Determination To Defer Sanctions; Bay Area Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Interim final determination. ----------------------------------------------------------------------- SUMMARY: The EPA is making an interim final determination to defer imposition of sanctions based on a proposed determination, published elsewhere in this Federal Register, that the California Air Resources Board (CARB) has submitted rules on behalf of the Bay Area Air Quality Management District (BAAQMD or District) that satisfy the requirements of part D of the Clean Air Act (CAA or Act) permitting program for areas under the jurisdiction of the BAAQMD. DATES: This interim final determination is effective on March 1, 2018. However, comments will be accepted until April 2, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2018-0080 at http://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 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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region 9, (415) 972-3534, yannayon.laura@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 August 1, 2016 (81 FR 50339), the EPA issued a final limited approval and limited disapproval for revisions to the BAAQMD portion of the California State Implementation Plan (SIP) that had been submitted by CARB to the EPA for approval (the 2016 NSR action). The 2016 NSR action addressed the BAAQMD's permitting program for the issuance of New Source Review (NSR) permits for stationary sources, including review and permitting of major and minor sources under the Act. In our 2016 NSR action, we determined that while BAAQMD's SIP revision submittal strengthened the SIP, the submittal did not fully meet the requirements for NSR permitting programs under the CAA. Our 2016 NSR action included a final limited [[Page 8751]] disapproval action under title I, part D of the Act, relating to requirements for nonattainment areas. Pursuant to section 179 of the CAA and our regulations at 40 CFR 52.31, this limited disapproval action under title I, part D started a sanctions clock for imposition of offset sanctions 18 months after the action's effective date of August 31, 2016, and highway sanctions 6 months later. On December 6, 2017, BAAQMD revised its NSR permit program rules and on December 14, 2017, CARB submitted the revised NSR permit program rules to the EPA for approval into the California SIP (December 2017 NSR submittal). These revised rules are intended to address the limited disapproval issues under title I, part D that we identified in our 2016 NSR action. In the Proposed Rules section of this Federal Register, we have proposed approval of BAAQMD's December 2017 NSR submittal. Based on this proposed approval action, we are also taking this interim final determination, effective on publication, to defer imposition of the offset sanctions and highway sanctions that were triggered by our 2016 NSR action's limited disapproval of BAAQMD's NSR permitting program, because we believe that the December 2017 NSR submittal corrects the deficiencies that triggered such sanctions. The EPA is providing the public with an opportunity to comment on this deferral of sanctions. If comments are submitted that change our assessment described in this interim final determination and the proposed full approval of BAAQMD's December 2017 NSR submittal with respect to the title I, part D deficiencies identified in our 2016 NSR 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 NSR action would be permanently terminated on the effective date of our final approval of BAAQMD's December 2017 NSR submittal. II. EPA Action We are making an interim final determination to defer CAA section 179 sanctions associated with our limited disapproval action on August 1, 2016 of BAAQMD's NSR permitting program with respect to the requirements of part D of title I of the CAA. This determination is based on our concurrent proposal to fully approve BAAQMD's December 2017 NSR submittal, which resolves the deficiencies that triggered sanctions under section 179 of the CAA. Because the EPA has preliminarily determined that BAAQMD's December 2017 NSR submittal addresses the deficiencies under part D of title I of the CAA identified in our 2016 NSR action and is fully approvable, 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 its proposed action, 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. The EPA believes that it is necessary to use the interim final rulemaking process to defer sanctions while the EPA completes its rulemaking process on the approvability of the State's submittal. 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. B. 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. C. 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. D. 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. E. 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. F. 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. G. 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 rule is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. [[Page 8752]] I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. 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. K. 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 rule 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 April 30, 2018. Filing a petition for reconsideration by the EPA Administrator of this final rule does not affect the finality of this rule 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 20, 2018. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2018-04111 Filed 2-28-18; 8:45 am] BILLING CODE 6560-50-P
![8750 Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations
will not result in such an expenditure, rates reach or exceed 100,000 cubic feet ADDRESSES: Submit your comments,
we do discuss the effects of this rule per second at Chickamauga lock and identified by Docket ID No. EPA–R09–
elsewhere in this preamble. dam on the Tennessee River at mile OAR–2018–0080 at http://
marker 471.0. The Captain of the Port www.regulations.gov, or via email to
F. Environment
Sector Ohio Valley (COTP) or a R9AirPermits@epa.gov. For comments
We have analyzed this rule under designated representative will inform submitted at Regulations.gov, follow the
Department of Homeland Security the public through broadcast notice to online instructions for submitting
Management Directive 023–01 and mariners of the enforcement period for comments. Once submitted, comments
Commandant Instruction M16475.lD, the safety zone. cannot be removed or edited from
which guide the Coast Guard in (d) Regulations. (1) In accordance Regulations.gov. For either manner of
complying with the National with the general regulations in § 165.23 submission, the EPA may publish any
Environmental Policy Act of 1969 (42 of this part, entry into this zone is comment received to its public docket.
U.S.C. 4321–4370f), and have prohibited unless authorized by the Do not submit electronically any
determined that this action is one of a COTP or a designated representative. information you consider to be
category of actions that do not (2) Persons or vessels desiring entry Confidential Business Information (CBI)
individually or cumulatively have a into or passage through the zone must or other information whose disclosure is
significant effect on the human request permission from the COTP or a restricted by statute. Multimedia
environment. This rule involves a safety designated representative. U.S. Coast submissions (audio, video, etc.) must be
zone that will prohibit entry within the Guard Sector Ohio Valley may be accompanied by a written comment.
regulated area. It is categorically contacted on VHF Channel 13 or 16, or The written comment is considered the
excluded from further review under at 1–800–253–7465. official comment and should include
paragraph 34(h) of Figure 2–1 of the (3) All persons and vessels shall discussion of all points you wish to
Commandant Instruction. An comply with the instructions of the make. The EPA will generally not
environmental analysis checklist COTP and designated U.S. Coast Guard consider comments or comment
supporting this determination and a patrol personnel. On-scene U.S. Coast contents located outside of the primary
Categorical Exclusion Determination are Guard patrol personnel include submission (i.e., on the web, cloud, or
available in the docket where indicated commissioned, warrant, and petty other file sharing system). For
under ADDRESSES. officers of the U.S. Coast Guard. additional submission methods, please
contact the person identified in the FOR
G. Protest Activities Dated: February 21, 2018.
FURTHER INFORMATION CONTACT section.
The Coast Guard respects the First M.B. Zamperini, For the full EPA public comment policy,
Amendment rights of protesters. Captain, U.S. Coast Guard, Captain of the information about CBI or multimedia
Protesters are asked to contact the Port Sector Ohio Valley. submissions, and general guidance on
person listed in the FOR FURTHER [FR Doc. 2018–04051 Filed 2–28–18; 8:45 am] making effective comments, please visit
INFORMATION CONTACT section to BILLING CODE 9110–04–P http://www2.epa.gov/dockets/
coordinate protest activities so that your commenting-epa-dockets.
message can be received without FOR FURTHER INFORMATION CONTACT:
jeopardizing the safety or security of ENVIRONMENTAL PROTECTION Laura Yannayon, EPA Region 9, (415)
people, places or vessels. AGENCY 972–3534, yannayon.laura@epa.gov.
List of Subjects in 33 CFR Part 165 SUPPLEMENTARY INFORMATION:
40 CFR Part 52 Throughout this document, the terms
Marine safety, Navigation (water), ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
Reporting and recordkeeping [EPA–R09–OAR–2018–0080; FRL–9974–
requirements, Waterways. 97—Region 9] Table of Contents
For the reasons discussed in the I. Background
preamble, the Coast Guard amends 33 Determination To Defer Sanctions; Bay II. EPA Action
CFR part 165 as follows: Area Air Quality Management District III. Statutory and Executive Order Reviews
AGENCY: Environmental Protection I. Background
PART 165—REGULATED NAVIGATION Agency (EPA).
AREAS AND LIMITED ACCESS AREAS On August 1, 2016 (81 FR 50339), the
ACTION: Interim final determination. EPA issued a final limited approval and
■ 1. The authority citation for part 165 limited disapproval for revisions to the
SUMMARY: The EPA is making an interim BAAQMD portion of the California State
continues to read as follows:
final determination to defer imposition Implementation Plan (SIP) that had been
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; of sanctions based on a proposed
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; submitted by CARB to the EPA for
determination, published elsewhere in approval (the 2016 NSR action). The
Department of Homeland Security Delegation
this Federal Register, that the California 2016 NSR action addressed the
No. 0170.1.
Air Resources Board (CARB) has BAAQMD’s permitting program for the
■ 2. Add § 165.844 to read as follows: submitted rules on behalf of the Bay issuance of New Source Review (NSR)
§ 165.844 Safety Zone; Tennessee River,
Area Air Quality Management District permits for stationary sources, including
Miles 446.0 to 454.5, Chattanooga, TN. (BAAQMD or District) that satisfy the review and permitting of major and
requirements of part D of the Clean Air minor sources under the Act. In our
(a) Location. All navigable waters of
Act (CAA or Act) permitting program for 2016 NSR action, we determined that
the Tennessee River beginning at mile
amozie on DSK30RV082PROD with RULES
areas under the jurisdiction of the while BAAQMD’s SIP revision
marker 446.0 and ending at mile marker
BAAQMD. submittal strengthened the SIP, the
454.5 at Chattanooga, TN.
(b) Effective date. This section is DATES: This interim final determination submittal did not fully meet the
effective on March 5, 2018. is effective on March 1, 2018. However, requirements for NSR permitting
(c) Periods of enforcement. This comments will be accepted until April programs under the CAA. Our 2016 NSR
section will be enforced whenever flow 2, 2018. action included a final limited
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![8752 Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations
I. National Technology Transfer and ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Sara
Advancement Act AGENCY Calcinore, (215) 814–2043, or by email
This rulemaking does not involve at calcinore.sara@epa.gov.
technical standards. 40 CFR Part 52 SUPPLEMENTARY INFORMATION:
J. Executive Order 12898: Federal I. Background
[EPA–R03–OAR–2017–0149; FRL–9974–
Actions To Address Environmental 98—Region 3] Ground level ozone is formed when
Justice in Minority Populations and NOX and VOC react in the presence of
Low-Income Populations Approval and Promulgation of Air sunlight. NOX and VOC are referred to
The EPA believes that this action is Quality Implementation Plans; as ozone precursors and are emitted by
not subject to Executive Order 12898 (59 Maryland; 2011 Base Year Inventory many types of pollution sources,
FR 7629, February 16, 1994) because it for the 2008 8-Hour Ozone National including motor vehicles, power plants,
does not establish an environmental Ambient Air Quality Standard for the industrial facilities, and area wide
health or safety standard. This action Maryland Portion of the Philadelphia- sources, such as consumer products and
defers sanctions in accordance with Wilmington-Atlantic City lawn and garden equipment. Scientific
CAA regulatory provisions and imposes Nonattainment Area evidence indicates that adverse public
no additional requirements. health effects occur following exposure
AGENCY: Environmental Protection to ozone. These effects are more
K. Congressional Review Act (CRA) Agency (EPA). pronounced in children and adults with
This action is subject to the CRA, and ACTION: Final rule. lung disease. Breathing air containing
the EPA will submit a rule report to ozone can reduce lung function and
each House of the Congress and to the SUMMARY: The Environmental Protection inflame airways, which can increase
Comptroller General of the United Agency (EPA) is approving the 2011 respiratory symptoms and aggravate
States. The CRA allows the issuing base year inventory for the Maryland asthma or other lung diseases. In
agency to make a rule effective sooner portion of the Philadelphia-Wilmington- response to this scientific evidence, EPA
than otherwise provided by the CRA if Atlantic City marginal nonattainment promulgated the first ozone NAAQS in
the agency makes a good cause finding area for the 2008 8-hour ozone national 1979, the 0.12 part per million (ppm) 1-
that notice and comment rulemaking ambient air quality standard (NAAQS). hour ozone NAAQS. See 44 FR 8202
procedures are impracticable, The State of Maryland submitted the (February 8, 1979). EPA had previously
unnecessary or contrary to the public emission inventory, which included the promulgated a NAAQS for total
interest (5 U.S.C. 808(2)). The EPA has photochemical oxidants.
ozone precursors, nitrogen oxides (NOX)
made a good cause finding for this rule On July 18, 1997, EPA promulgated a
and volatile organic compounds (VOC), revised ozone NAAQS of 0.08 ppm,
as discussed in section II of this as well as several other pollutants,
preamble, including the basis for that averaged over eight hours. 62 FR 38855.
through the Maryland Department of the This 8-hour ozone NAAQS was
finding.
Environment (MDE) to meet the determined to be more protective of
Under section 307(b)(1) of the CAA,
petitions for judicial review of this nonattainment requirements for public health than the previous 1979 1-
action must be filed in the United States marginal ozone nonattainment areas for hour ozone NAAQS. In 2008, EPA
Court of Appeals for the appropriate the 2008 8-hour ozone NAAQS. EPA is revised the 8-hour ozone NAAQS from
circuit by April 30, 2018. Filing a approving the 2011 base year NOX and 0.08 to 0.075 ppm. See 73 FR 16436
petition for reconsideration by the EPA VOC emissions inventory for the 2008 8- (March 27, 2008).
Administrator of this final rule does not hour ozone NAAQS as a revision to the On May 21, 2012, the Philadelphia-
affect the finality of this rule for the Maryland State Implementation Plan Wilmington-Atlantic City area was
purpose of judicial review nor does it (SIP) in accordance with the designated as marginal nonattainment
extend the time within which petition requirements of the Clean Air Act for the 2008 8-hour ozone NAAQS. 77
for judicial review may be filed, and (CAA). FR 30088. The designation of the
shall not postpone the effectiveness of DATES: This final rule is effective on
Philadelphia-Wilmington-Atlantic City
such rule or action. This action may not April 2, 2018. area as marginal nonattainment was
be challenged later in proceedings to effective July 20, 2012. The
enforce its requirements (see CAA ADDRESSES: EPA has established a Philadelphia-Wilmington-Atlantic City
section 307(b)(2)). docket for this action under Docket ID nonattainment area is comprised of
Number EPA–R03–OAR–2017–0149. All Cecil County in Maryland, as well as
List of Subjects in 40 CFR Part 52 documents in the docket are listed on counties in Delaware, New Jersey, and
Environmental protection, the https://www.regulations.gov Pennsylvania.
Administrative practice and procedure, website. Although listed in the index, Under sections 172(c)(3) and 182(a)(1)
Air pollution control, Carbon monoxide, some information is not publicly of the CAA, Maryland is required to
Incorporation by reference, available, e.g., confidential business submit a comprehensive, accurate, and
Intergovernmental relations, Lead, information (CBI) or other information current inventory of actual emissions
Nitrogen dioxide, Ozone, Particulate whose disclosure is restricted by statute. from all sources of the relevant
matter, Reporting and recordkeeping Certain other material, such as pollutants, i.e. the ozone precursors
requirements, Sulfur dioxide, Volatile copyrighted material, is not placed on NOX and VOC, for the marginal
organic compounds. the internet and will be publicly nonattainment area, i.e., the Maryland
available only in hard copy form. portion of the Philadelphia-Wilmington-
amozie on DSK30RV082PROD with RULES
Authority: 42 U.S.C. 7401 et seq.
Publicly available docket materials are Atlantic City nonattainment area. In
Dated: February 20, 2018. available through https:// order to satisfy the requirements of CAA
Alexis Strauss, www.regulations.gov, or please contact sections 172(c)(3) and 182(a)(1), on
Acting Regional Administrator, Region IX. the person identified in the FOR FURTHER January 19, 2017, Maryland formally
[FR Doc. 2018–04111 Filed 2–28–18; 8:45 am] INFORMATION CONTACT section for submitted the 2011 base year inventory
BILLING CODE 6560–50–P additional availability information. for the Maryland portion of the
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Document Created: 2018-02-28 23:57:48
Document Modified: 2018-02-28 23:57:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final determination. | |
| Dates | This interim final determination is effective on March 1, 2018. However, comments will be accepted until April 2, 2018. | |
| Contact | Laura Yannayon, EPA Region 9, (415) 972-3534, [email protected] | |
| FR Citation | 83 FR 8750 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds |
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