[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Proposed Rules]
[Pages 25992-25996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11686]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2017-0216; FRL-9963-42-Region 8]
Attainment Date Extensions for the Logan, Utah-Idaho 24-Hour Fine
Particulate Matter Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
grant two, one-year extensions to the Moderate attainment date for the
2006 24-hour fine particulate matter (PM2.5) Logan, Utah
(UT)-Idaho (ID) nonattainment area. This action is based on the EPA's
evaluation of air quality monitoring data and extension requests
submitted by the State of Utah on May 2, 2017, and the State of Idaho
on December 15, 2015, February 26, 2016, and April 25, 2017. The EPA is
proposing to grant a one-year extension of the Moderate attainment date
from December 31, 2015 to December 31, 2016, and is proposing to grant
a second one-year extension of the Moderate attainment date from
December 31, 2016 to December 31, 2017, in accordance with section
188(d) of the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 6, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2017-0216 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to the public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information, the disclosure of which 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, 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.
[[Page 25993]]
FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6602, [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
a. Submitting CBI. Do not submit CBI to the EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
b. Tips for Preparing Your Comments. When submitting comments,
remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. Background
A. Designation and Classification of PM2.5 Nonattainment
Areas
On October 17, 2006 (71 FR 61144), the EPA revised the level of the
24-hour PM2.5 National Ambient Air Quality Standard (NAAQS),
lowering the primary and secondary standards from the 1997 standard of
65 micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\. On
November 13, 2009 (74 FR 58688), the EPA designated a number of areas
as nonattainment for the 24-hour PM2.5 NAAQS of 35 [micro]g/
m\3\, including the Logan, UT-ID nonattainment area. The EPA originally
designated these areas under the general provisions of CAA title I,
part D, subpart 1 (``subpart 1''), under which attainment plans must
provide for the attainment of a specific NAAQS (in this case, the 2006
PM2.5 standards) as expeditiously as practicable, but no
later than five years from the date the areas were designated
nonattainment.
Following this designation of nonattainment for PM2.5
and consistent with EPA guidance, the State of Utah and the State of
Idaho developed PM2.5 attainment plans intended to meet the
general requirements of subpart 1. Utah and Idaho each submitted a
PM2.5 state implementation plan (SIP) for the Logan, UT-ID
nonattainment area on December 14, 2012. On May 9, 2013, Utah submitted
a SIP that contained multiple area source rules intended to reduce
emissions in the PM2.5 nonattainment areas.
Subsequently, on January 4, 2013, the U.S. Court of Appeals for the
District of Columbia Circuit held that the EPA should have implemented
the 2006 24-hour PM2.5 standard based on both the general
nonattainment area requirements in subpart 1 and the PM-specific
requirements of CAA title I, part D, subpart 4 (``subpart 4''). Under
subpart 4, PM nonattainment areas are initially classified as Moderate,
and Moderate area attainment plans must address the requirements of
subpart 4 as well as subpart 1. Additionally, CAA subpart 4 establishes
a different SIP submittal due date and attainment year. For a Moderate
PM2.5 nonattainment area, the attainment SIP is due no later
than 18 months after designation and the attainment year is as
expeditiously as practicable after designation but no later than the
end of the sixth calendar year after designation. On June 2, 2014 (79
FR 31566), the EPA finalized the Identification of Nonattainment
Classification and Deadlines for Submission of State Implementation
Plan (SIP) Provisions for the 1997 Fine Particulate (PM2.5)
NAAQS and 2006 PM2.5 NAAQS (``the Classification and
Deadlines Rule''). This rule classified the areas that were designated
in 2009 as nonattainment to Moderate, and set the attainment SIP
submittal due date for those areas at December 31, 2014. This rule did
not affect the Moderate area attainment date of December 31, 2015.
After the court's decision, on December 16, 2014, the Utah
Department of Air Quality (UDAQ) withdrew all prior Logan, UT-ID
PM2.5 SIP submissions and submitted a new SIP to address
both the general requirements of subpart 1 and the PM-specific
requirements of subpart 4 for Moderate areas. Additionally, on December
24, 2014, the Idaho Department of Environmental Quality (IDEQ)
submitted a supplement to the 2012 SIP submission (``2014 amendment'')
that included additional analyses intended to meet CAA subpart 4
requirements.
On August 24, 2016, the EPA finalized the Fine Particulate Matter
National Ambient Air Quality Standards: State Implementation Plan
Requirements (``PM2.5 Implementation Rule''), 81 FR 58010,
which addressed the January 4, 2013 court ruling. The final
implementation rule provides the EPA's interpretation of the
requirements applicable to PM2.5 nonattainment areas and
explains how air agencies can meet the statutory SIP requirements that
apply under subparts 1 and 4 to areas designated nonattainment for any
PM2.5 NAAQS, such as: General requirements for attainment
plan due dates and attainment demonstrations; provisions for
demonstrating reasonable further progress; quantitative milestones;
contingency measures; nonattainment new source review (NNSR) permitting
programs; and reasonably available control measures (RACM) (including
reasonably available control technology (RACT). The statutory
attainment planning requirements established in subparts 1 and 4 are
designed to ensure that states implement measures that provide for
attainment of the PM2.5 NAAQS as expeditiously as
practicable by requiring states to adopt feasible emissions reduction
strategies for PM2.5 and its precursors to achieve
incremental reductions leading to attainment of the PM2.5
NAAQS in nonattainment areas.
B. CAA Requirements for an Attainment Date Extension
Under CAA section 188(d), the EPA may grant a state's request to
extend the attainment date for a Moderate area if: ``(1) the state has
complied with all requirements and commitments pertaining to the area
in the applicable implementation plan; and (2) no more than one
exceedance of the 24-hour [NAAQS] level for PM10 has
occurred in the area in the year preceding the Extension Year, and the
annual mean concentration for PM10 in the area for such year
is less than or equal to the standard level.'' The EPA cannot issue
[[Page 25994]]
more than two, one-year extensions for a single Moderate area.
The PM2.5 Implementation Rule interprets section 188(d)
for PM2.5 Moderate areas. Under the regulations, the EPA may
grant an extension if the agency determines that: (1) The state has
complied with all requirements and commitments pertaining to the area
in the applicable implementation plan; and (2) for an area designated
nonattainment for the 24-hour PM2.5 NAAQS for which the
state seeks an attainment date extension, the 98th percentile 24-hour
concentration at each monitor in that area for the calendar year that
includes the applicable attainment date is less than or equal to the
level of the applicable 24-hour standard (calculated according to the
data analysis requirements in 40 CFR part 50, appendix N). 40 CFR
51.1005(a)(1). The applicable implementation plan is defined as the
plan submitted to meet Moderate area requirements. Id. Sec.
51.1005(a)(2). The PM2.5 Implementation Rule explains that,
to meet the first criterion, a state needs to show that it has
``submitted the necessary attainment plan for the area for the
applicable PM2.5 NAAQS and is implementing the control
measures in the submission.'' 81 FR 58070/3.
In the absence of an attainment date extension, upon a
determination of failure to attain by the EPA, the area would be
reclassified to Serious by operation of law under CAA section
188(b)(2). If an extension to the attainment date is granted, the EPA
must determine whether the area attained the PM2.5 NAAQS at
the end of the extension year. If the requisite three consecutive years
of air quality data needed to determine attainment are still not
available after the first extension, the state may apply for a second
one-year extension of the attainment date if the requirements listed
above for the first extension remain satisfied. The EPA will also
consider the state's PM2.5 planning progress for the area in
the year for which the first extension is granted, and if the area does
not have the requisite three consecutive years of air quality data
needed to demonstrate attainment at the end of the second extension, no
further extensions of the attainment date can be granted. Once a final
determination of failure to attain is made by the EPA and published in
the Federal Register, the area will be reclassified as Serious by
operation of law. See CAA section 188(b)(2).
As a Moderate PM2.5 nonattainment area, the Logan, UT-ID
nonattainment area was required by CAA section 188 to attain the 24-
hour PM2.5 NAAQS by December 31, 2015. On December 15, 2015,
and February 26, 2016, the State of Idaho requested that the EPA use
the discretion allowed under CAA section 188(d) to grant a one-year
extension to the Moderate area attainment date for Logan, UT-ID, from
December 31, 2015 to December 31, 2016. In a proposed action published
December 16, 2016,\1\ the EPA denied Idaho's request because at the
time the nonattainment area did not meet the air quality criterion
under CAA section 188(d). Specifically, the Logan, Utah Federal
Reference Method (FRM) monitor used for determining compliance with the
PM2.5 NAAQS did not have complete and valid 2015 data in
accordance with EPA regulations (81 FR 91088). As a result, the EPA
could not determine that the data for the Logan monitor met the 98th
percentile requirement set forth in 40 CFR 51.1005(a)(1).
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\1\ Determinations of Attainment by the Attainment Date,
Determinations of Failure to Attain by the Attainment Date and
Reclassification for Certain Nonattainment Areas for the 2006 24-
hour Fine Particulate Matter National Ambient Air Quality Standards,
81 FR 91088 (Dec. 16, 2016).
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Following this proposed action, and as a result of subsequent
events described below, the State of Idaho submitted a letter on April
25, 2017, requesting a second one-year Moderate area attainment date
extension, from December 31, 2016 to December 31, 2017. On May 2, 2017,
the State of Utah requested two, one-year extensions of the attainment
date for the Logan, UT-ID nonattainment area, from December 31, 2015 to
December 31, 2016, and then December 31, 2016 to December 31, 2017.
Each of the extension requests from Idaho and Utah can be found in the
Region 8 and Region 10 dockets for the Logan, UT-ID nonattainment area
proposed extension request actions, EPA-R08-OAR-2017-0216 and EPA-R10-
OAR-2017-0193.
III. Basis for EPA's Proposed Action
A. Compliance With the Applicable SIP
The PM2.5 Implementation Rule interprets the extension
provisions found in CAA section 188(d)(1). See 40 CFR 51.1005(a)(1).
Under the rule, a state must show that it submitted a SIP to meet the
requirements as listed in 40 CFR 51.1003(a), including the necessary
control measures, and that RACM/RACT and additional reasonable measures
for sources in the area have been implemented. To qualify for an
extension, the state must have adopted the SIP revision through the
established state process, submitted the plan to the EPA, and begun
implementing the plan; but the state plan would not need to have been
approved by the EPA in order for the state to qualify for an extension.
On December 4, 2012, UDAQ submitted a SIP for the Utah portion of
the Logan, UT-ID PM2.5 nonattainment area, and was prepared
to satisfy the requirements of CAA subpart 1, as interpreted by the
EPA's Clean Air Fine Particle Implementation Rule (72 FR 20586, April
25, 2007). After the January 4, 2013, D.C. Circuit ruling and
subsequent EPA Classification and Deadlines Rule, the State of Utah
withdrew the original SIP submittal and submitted an updated SIP to
cover CAA subpart 1 and subpart 4 on December 22, 2014. This SIP
includes: (1) A modeled attainment demonstration (chapter 5 of the SIP
and chapter 4 of the technical support document (TSD)); (2) an
emissions inventory (chapter 4 of the SIP and chapter 3 of the TSD);
(3) RACM for area and on-road mobile sources (chapter 6 of the SIP and
chapter 5 of the TSD); (4) a RACT review (chapter 6 of the SIP and
chapter 5 of the TSD); (5) reasonable further progress for direct
PM2.5, nitrogen oxides (NOX), sulfur dioxide
(SO2), and volatile organic compounds (VOC) (chapter 8 of
the SIP); (6) a demonstration that ammonia is not a significant
precursor to PM2.5 in the area (chapter 4 of the TSD); (7)
motor vehicle emission budgets (chapter 7 of the SIP); (8) quantitative
milestones (chapter 8 of the SIP); and (9) contingency measures
(chapter 9 of the SIP). The EPA intends to take action on the December
22, 2014 SIP in the near future. The Utah SIP and supporting materials,
including the TSD, can be found in the docket for this action. The
Idaho SIP and supporting materials can be found in Region 10's docket,
EPA-R10-OAR-2015-0067. Additionally, the supporting documentation for
ID's two one-year extension requests can be found in Region 10's
docket, EPA-R10-OAR-2017-0193.
EPA has reviewed Utah's existing SIP and the December 22, 2014, SIP
submission and determined that the state is implementing the
requirements and commitments in the submitted SIP. Based on this, the
EPA proposes to determine that the state meets the criterion found in
40 CFR 51.1005(a)(1)(i). The control measures that Utah submitted for
the Logan UT-ID NAA consist of a vehicle inspection and maintenance (I/
M) program and area source rules. The EPA approved the vehicle I/M
program on September 9, 2015 (80 FR 54237). The program was initiated
on January 1, 2014, and requires a biennial test for vehicles greater
than six years old that are of model year 1969 and newer. Half of
[[Page 25995]]
these vehicles were tested for the first time in 2014 and the rest were
tested in 2015; prior to the attainment date for the area. The EPA has
also approved or conditionally approved the area source rules submitted
by the State. 81 FR 9343; 81 FR 71988. Some of the area source rules
were implemented as early as January 1, 2013, but most carried an
implementation date of December 1, 2014. All of them were effective and
fully enforceable by January 1, 2015.
Similarly, the EPA approved Idaho's woodstove curtailment
ordinances, burn ban, heating device restrictions, and woodstove
change-out programs as meeting the RACM/RACT requirements in this area
(82 FR 729, January 4, 2017). The woodstove curtailment ordinances,
burn ban, and heating device restrictions were adopted and fully
implemented in the summer and fall of 2012 in preparation for Idaho's
December 14, 2012 attainment plan SIP revision. The residential
woodstove change-out program was conducted in 2011 to 2012, with a
subsequent round of change-outs in 2013 to 2014. A full description of
the control measures is included in our December 26, 2013 proposed
approval (78 FR 78315) and March 25, 2014 final approval (79 FR 16201).
On April 25, 2017, Idaho committed to supplementing the 2012 attainment
plan SIP revision, and Idaho's December 24, 2014 amendment to the
attainment plan SIP revision, to comply with the revised regulatory
requirements of the 2016 PM2.5 Implementation Rule for
reasonable further progress, quantitative milestones, and motor vehicle
emissions budgets. The EPA's proposed conditional approval of these SIP
elements is addressed under docket number EPA-R10-OAR-2015-0067.
The EPA proposes that the criterion found in 40 CFR
51.1005(a)(1)(i) has been met. Utah and Idaho submitted SIPs for the
Logan, UT-ID Moderate PM2.5 nonattainment area that address
the CAA requirements for Moderate areas and the states have implemented
the permanent and enforceable control measures identified above and the
other requirements of the SIPs.
B. Air Quality Data
In accordance with 40 CFR part 58, UDAQ and IDEQ both operate
PM2.5 monitors in the Logan, UT-ID PM2.5
nonattainment area. The IDEQ monitoring site for 2015 and 2016 was
located in Franklin, Idaho. In 2015, UDAQ operated two PM2.5
monitoring sites, at Logan and Smithfield, and in 2016, UDAQ operated
only the Smithfield monitoring site. In the past, the monitor with the
highest air quality design value in the nonattainment area has been
located in Utah.
As explained in the May 8, 2017 memorandum in the docket, a large
number of samples from the filter-based FRM monitor at Logan were
invalid. After review of the PM2.5 data for 2015, UDAQ
removed the invalid samples for its filter based FRM monitor and left
the valid samples in the Air Quality System (AQS) database.
Additionally, some continuous sampler data from a co-located Federal
Equivalent Methods (FEM) monitor were determined to have sufficient
quality assurance to meet NAAQS comparison requirements. The Logan site
had one FEM monitor co-located at the site, and data from this monitor
were used to fill in some of the missing days in 2015, adding to the
total number of samples that can be used to determine a 98th percentile
value for that year and to provide for a complete 2015 monitoring year.
Utah used the methodology found in 40 CFR part 50, appendix N 3.0(d)(2)
and 40 CFR part 50, appendix N 3.0(e) to substitute FEM data for the
days without FRM data.
The EPA has reviewed this site and, using the criteria found in 40
CFR part 58, appendix A, has determined that the quality assurance (QA)
for the continuous FEM monitor is acceptable such that data from the
FEM monitor can be substituted for the days for which the FRM monitor
data was invalid. Additional information related to these monitors can
be found in the November 23, 2016 memoranda found in the docket for
this proposed action.
On March 14, 2017, the EPA approved Utah's 2016 Annual Monitoring
Network Plan (AMNP). As part of the approval, the EPA approved the
closing of the Logan monitoring station (AQS ID# 49-005-0004) and the
opening of the Smithfield monitoring station (AQS ID# 49-005-0007). The
Logan and Smithfield monitoring stations both ran in 2015; however, the
Smithfield monitoring site data was incomplete for 2015 because the
station, including the co-located continuous monitor, was not operating
in January of that year. The Logan monitoring site shut down on
December 31, 2015, and Smithfield became the only operating monitor in
the Utah portion of the Logan, UT-ID PM2.5 nonattainment
area. Additionally, on April 20, 2017, UDAQ submitted a letter that
contained the AMP 600 and AMP 450NC reports required to certify the
2016 air quality data in Utah. UDAQ completed the data certification
process in AQS and with the April 20, 2017 letter, certifies that the
2016 air quality data is accurate.
The EPA is using data from calendar year 2015 to determine whether
the Logan, UT-ID PM2.5 nonattainment area met the air
quality criteria for granting a one-year extension of the attainment
date, from December 31, 2015 to December 31, 2016, under CAA section
188(d). Additionally, the EPA is using calendar year 2016 data to
determine whether the Logan, UT-ID PM2.5 nonattainment area
met the air quality criteria for granting an extension of the
attainment date from December 31, 2016 to December 31, 2017.
In 2015, the 98th percentile for the Logan, UT-ID PM2.5
nonattainment area at the Logan (Utah) and Franklin (Idaho) monitoring
sites were 29.0 [micro]g/m\3\ and 18.8 [micro]g/m\3\, respectively,
which are both below the 35 [micro]g/m\3\ standard. Thus, the area met
the requirement to qualify for a one-year attainment date extension
under CAA section 188(d)(2). See 40 CFR 51.1005(a)(1)(ii). In 2016, the
98th percentile for the Logan, UT-ID PM2.5 nonattainment
area at the Smithfield (Utah) and Franklin (Idaho) monitoring sites
were 34.4 [micro]g/m\3\ and 33.3 [micro]g/m\3\, respectively, which are
both below the 35 [micro]g/m\3\ standard. Thus, the area met the
requirements to qualify for a second one-year attainment date extension
under CAA section 188(d)(2). Based on the information above, the
criterion in 40 CFR 51.1005(a)(1)(ii) has been met for both one-year
extensions.
IV. EPA's Proposed Action
In response to requests from the Governor of Utah on May 2, 2017,
and from the IDEQ on December 15, 2015, February 26, 2016, and April
25, 2017, the EPA is proposing to grant two, one-year attainment date
extensions to the Moderate attainment date for the 2006 24-hour
PM2.5 NAAQS for the Logan, UT-ID nonattainment area. If
finalized, this action would extend the Moderate area attainment date
for the Logan, UT-ID nonattainment area from December 31, 2015 to
December 31, 2016, and from December 31, 2016 to December 31, 2017. The
proposed action to extend the Moderate attainment date for this
nonattainment area is based on both states' compliance with the
requirements for the applicable SIPs for the area and on the 2015 and
2016 PM2.5 98th percentile data from the Logan (Utah),
Smithfield (Utah), and Franklin (Idaho) monitoring sites in the Logan,
UT-ID nonattainment area. If we finalize this proposal, consistent with
CAA section 188(d) and 40 CFR 51.1005(a)(1), the nonattainment area
will remain a Moderate PM2.5 nonattainment area, with a
Moderate area attainment date of December 31, 2017. Additionally, the
states will not have to submit the additional planning requirements
that apply to Serious PM2.5 nonattainment
[[Page 25996]]
areas unless the area fails to attain the standard by the extended
Moderate area attainment date and the area is reclassified to a Serious
PM2.5 nonattainment area. Consistent with CAA section
188(b)(2), the EPA will determine whether the area attained the
standard within six months following the applicable attainment date.
This action is not a redesignation to attainment under CAA section
107(d)(3)(E). Utah and Idaho are not currently attaining the NAAQS and
have not submitted maintenance plans as required under section 175(A)
of the CAA or met the other statutory requirements for redesignation to
attainment. The designation status in 40 CFR part 81 will remain a
Moderate nonattainment area until such time as Utah and Idaho meet the
CAA requirements for redesignation to attainment or the area is
reclassified to Serious.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
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 therefore is
not subject to review by the Office of Management and Budget (OMB).
This proposed action merely approves a state request as meeting federal
requirements and imposes no new requirements.
B. Paperwork Reduction Act (PRA)
This action does not impose any additional information collection
burden under the provisions of the PRA, 44 U.S.C. 3501 et seq. This
action merely approves a state request for an attainment date
extension, and this action does not impose additional requirements
beyond those imposed by state law.
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 beyond those
imposed by state law. Approval of a state's request for an attainment
date extension does not create any new requirements and does not
directly regulate any entities.
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. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
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. Pursuant
to the CAA, this action merely approves a state request for an
attainment date extension.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. No tribal areas are located in the nonattainment
area that will be receiving an attainment date extension. The CAA and
the Tribal Authority Rule establish the relationship of the federal
government and tribes in developing plans to attain the NAAQS, and this
rule does nothing to modify that relationship. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe any environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action merely approves a state request for an attainment
date extension and it does not impose additional requirements beyond
those imposed by state law.
H. 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.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. This action
merely approves a state request for an attainment date extension.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action approves a state request for an attainment date extension
based on the state's compliance with requirements and commitments in
its plan and recent air quality monitoring data that meets requirements
for an extension.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
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: May 25, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2017-11686 Filed 6-5-17; 8:45 am]
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