[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60870-60872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27625]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0695, FRL-9972-39-Region 1]
Finding of Failure To Submit a Section 110 State Implementation
Plan for Interstate Transport for the 2012 Annual National Ambient Air
Quality Standards for Fine Particles; Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action finding that Massachusetts failed to submit an infrastructure
State Implementation Plan (SIP) to satisfy certain interstate transport
requirements of the Clean Air Act (CAA) with respect to the 2012 annual
fine particles (PM2.5) national ambient air quality standard
(NAAQS). Specifically, these requirements pertain to significant
contribution to nonattainment, or interference with maintenance, of the
2012 annual PM2.5 NAAQS in other states. This finding of
failure to submit establishes a 2-year deadline for the EPA to
promulgate a Federal Implementation Plan (FIP) to address the
interstate transport SIP requirements pertaining to significant
contribution to nonattainment, interference with maintenance,
interference with Prevention of Significant Deterioration, and
interference with visibility protection, unless, prior to the EPA
promulgating a FIP, the state submits, and the EPA approves, a SIP that
meets these requirements.
DATES: This final rule is effective on January 25, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R01-OAR-2017-0695. All documents in the dockets are
listed on http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available at http://www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post
Office Square--Suite 100, Boston, MA. The EPA requests that if at all
possible, you contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Environmental
Scientist, Air Quality Planning Unit, Air Programs Branch (Mail Code
OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post
Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-
1684; [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Notice and Comment Under the Administrative Procedures Act (APA)
Section 553 of the APA, 5 U.S.C. 553(b)(3)(B), provides that, when
an agency for good cause finds that notice and public procedure are
impracticable, unnecessary or contrary to the public interest, the
agency may issue a rule without providing notice and an opportunity for
public comment. The EPA has determined that there is good cause for
making this rule final without prior proposal and opportunity for
comment because no significant EPA judgment is involved in making a
finding of failure to submit SIPs, or elements of SIPs, required by the
CAA, where states have made no submissions or incomplete submissions,
to meet the requirement. Thus, notice and public procedure are
unnecessary. The EPA finds that this constitutes good cause under 5
U.S.C. 553(b)(3)(B).
B. How is the Preamble Organized?
Table of Contents
I. General Information
II. Background and Overview
A. Interstate Transport SIPs
B. Background on the 2012 Annual PM2.5 NAAQS
III. Finding of Failure To Submit for Massachusetts
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
II. Background and Overview
A. Interstate Transport SIPs
CAA section 110(a) imposes an obligation upon states to submit SIPs
that provide for the implementation, maintenance and enforcement of a
new or revised NAAQS within three years following the promulgation of
that NAAQS. Section 110(a)(2) lists specific requirements that states
must meet in these SIP submissions, as applicable. The EPA refers to
this type of SIP submission as the ``infrastructure'' SIP because it
ensures that states can implement, maintain and enforce the air
standards. Within these requirements, section 110(a)(2)(D)(i) contains
requirements to address interstate transport of NAAQS pollutants. A SIP
revision submitted for this sub-section is referred to as an
``interstate transport SIP.'' In turn, section 110(a)(2)(D)(i)(I)
requires that such a plan contain adequate provisions to prohibit
emissions from the state that will contribute significantly to
nonattainment of the NAAQS in any other state (``prong 1'') or
interfere with maintenance of the NAAQS in any other state (``prong
2''). Section
[[Page 60871]]
110(a)(2)(D(i)(II) requires that such a plan contain adequate
provisions to prohibit emissions from the state that will interfere
with measures required of any other state to prevent significant
deterioration of air quality (``prong 3'') or that will interfere with
measures required of any other state to protect visibility (``prong
4''). These are the requirements relevant to this finding.
Pursuant to CAA section 110(k)(1)(B), the EPA must determine no
later than six months after the date by which a state is required to
submit a SIP whether a state has made a submission that meets the
minimum completeness criteria established per section 110(k)(1)(A). The
EPA refers to the determination that a state has not submitted a SIP
submission that meets the minimum completeness criteria as a ``finding
of failure to submit.'' If the EPA finds a state has failed to submit a
SIP to meet its statutory obligation to address section
110(a)(2)(D)(i), pursuant to section 110(c)(1) the EPA has not only the
authority, but the obligation, to promulgate a FIP within two years to
address the CAA requirement. This finding therefore starts a two-year
clock for promulgation by the EPA of a FIP, in accordance with section
110(c)(1), unless prior to such promulgation the state submits, and the
EPA approves, a submittal to meet the requirements of section
110(a)(2)(D)(i) for the 2012 annual PM2.5 NAAQS. The EPA
will work with the state subject to this finding of failure to submit
and provide assistance as necessary to help the state develop an
approvable submittal in a timely manner. The EPA notes this action does
not start a mandatory sanctions clock pursuant to CAA section 179
because this finding of failure to submit does not pertain to a part D
plan for nonattainment areas required under section 110(a)(2)(I) or a
SIP call pursuant to section 110(k)(5).
B. Background on the 2012 Annual PM2.5 NAAQS
On December 14, 2012, the EPA promulgated a revised primary annual
PM2.5 NAAQS to provide increased protection of public health
and welfare from fine particle pollution.\1\ In that action, the EPA
revised the primary annual PM2.5 standard, strengthening it
from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\,
which is attained when the three-year average of the annual arithmetic
means does not exceed 12.0 [mu]g/m\3\. Infrastructure SIPs addressing
the revised standard were due on December 14, 2015. CAA Sec.
110(a)(1).
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\1\ 78 FR 3086; January 15, 2013.
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III. Finding of Failure To Submit for Massachusetts
To date, Massachusetts has not submitted a good neighbor SIP for
the 2012 annual PM2.5 NAAQS. Accordingly, the EPA is issuing
a finding that Massachusetts has failed to submit a SIP addressing the
requirements of section 110(a)(2)(D)(i) of the CAA, 42 U.S.C.
7410(a)(2)(D)(i) (prongs 1-4), for the 2012 annual PM2.5
NAAQS.
IV. Environmental Justice Considerations
This notice is making a procedural finding that Massachusetts has
failed to submit a SIP to address CAA section 110(a)(2)(D)(i) for the
2012 annual PM2.5 NAAQS. The EPA did not conduct an
environmental analysis for this rule, because this rule would not
directly affect the air emissions from particular sources. Because this
rule will not directly affect the air emissions from particular
sources, it does not affect the level of protection provided to human
health or the environment. Therefore, this action will not have
potential disproportionately high and adverse human health or
environmental effects on minority, low-income or indigenous
populations.
V. Statutory and Executive Order Reviews
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. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action,
because it is not a significant regulatory action under Executive Order
12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the PRA, 44 U.S.C. 3501 et seq. This final rule does
not establish any new information collection requirement apart from
what is already required by law.
D. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
APA, 5 U.S.C. 553, or any other statute. This rule is not subject to
notice and comment requirements, because the agency has invoked the APA
``good cause'' exemption under 5 U.S.C. 553(b).
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 implements mandates specifically and
explicitly set forth in the CAA under section 110(a) without the
exercise of any policy discretion by the EPA.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This rule responds to the requirement in the CAA
for states to submit SIPs under section 110(a) to address CAA section
110(a)(2)(D)(i) for the 2012 annual PM2.5 NAAQS. No tribe is
subject to the requirement to submit an implementation plan under
section 110(a) within 3 years of promulgation of a new or revised
NAAQS. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045, because it does not concern an environmental
health risk or safety risk.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
[[Page 60872]]
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes 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, because it does not affect the level of
protection provided to human health or the environment. The EPA's
evaluation of environmental justice considerations is contained in
section IV of this notice.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
M. Petitions for Judicial Review
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 February 26, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a 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 section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Interstate transport,
Particulate matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 11, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-27625 Filed 12-22-17; 8:45 am]
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