[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1195-1197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00030]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0255; FRL-9972-78-Region 9]
Determination To Defer Sanctions; Arizona Department of
Environmental Quality; PM2.5
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
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SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination that the State of Arizona has corrected a
deficiency in its Clean Air Act (CAA or Act) state implementation plan
(SIP) provisions concerning air permitting. Specifically, based on a
proposed conditional approval published elsewhere in this Federal
Register, and based on a prior proposed approval, previously published
in the Federal Register, EPA is making an interim final determination
that the State of Arizona (State) has satisfied the requirements of
part D of the CAA permitting program for areas under the jurisdiction
of the Arizona Department of Environmental Quality (ADEQ) with respect
to fine particular matter (PM2.5) precursors. The effect of
this interim final determination that the State has corrected the
deficiency in the permitting program is that the imposition of
sanctions that were triggered by a previous limited disapproval action
by EPA in 2016 is now deferred. If the State meets its commitment that
is the basis for the conditional approval, relief from these sanctions
will become permanent upon the EPA's full approval of the State
submission. If the EPA determines that the State has not met its
commitment and the conditional approval is converted to a disapproval,
these sanctions will no longer be deferred.
DATES: This interim final determination is effective on January 10,
2018. However, comments will be accepted until February 9, 2018.
ADDRESSES: Submit comments, identified by Docket ID No. EPA-R09-OAR-
2017-0255, at https://www.regulations.gov, or via email to
[email protected]. 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
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FURTHER INFORMATION CONTACT section. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9, (415) 972-
3811, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.
Table of Contents
I. Background
II. EPA Action
III. Statutory and Executive Order Reviews
I. Background
On June 22, 2016 (81 FR 40525), the EPA finalized a limited
disapproval of ADEQ's nonattainment New Source Review (NA-NSR) program
because it did not fully address fine PM2.5 precursors as
required by section 189(e) of the Act (referred to hereinafter as ``our
2016 PM2.5 precursor action''). Our 2016 PM2.5
precursor action was a final limited disapproval action under title I,
part D of the Act, relating to requirements for PM2.5
precursors in nonattainment areas. Pursuant to section 179 of the CAA
and our regulations at 40 CFR 52.31, this action under title I, part D
started a sanctions clock for imposition of offset sanctions 18 months
after the action's effective date of July 22, 2016, and highway
sanctions 6 months following imposition of the offset sanctions.
On March 21, 2017, ADEQ revised its New Source Review (NSR)
permitting program rules and on April 28, 2017, ADEQ submitted revised
NSR permitting rules to the EPA for approval into the Arizona SIP
(April 2017 NSR submittal), including rules intended to address the
limited disapproval issue under title I, part D that we identified in
our 2016 PM2.5 precursor action. On June 1, 2017, we
proposed approval of the April 2017 NSR submittal, based in part on a
finding that the submittal addressed most of the deficiencies with
ADEQ's NA-NSR program identified in our 2016 PM2.5 precursor
action. See 82 FR 25213, 25219 (June 1, 2017); May 2017 Technical
Support Document (TSD) supporting our June 1, 2017 proposed rule action
at 21-22.
To address the remaining deficiency identified by the EPA in our
2016 PM2.5 precursor action, which pertains to a particular
requirement regarding the regulation of ammonia as a PM2.5
precursor, in a letter dated December 6, 2017, ADEQ committed to adopt
revisions to provisions in ADEQ Rule R18-2-101 and/or make other
specific demonstrations to satisfy the requirements of CAA section
189(e) and related EPA regulations governing ammonia as a precursor to
PM2.5 under the NA-NSR program. The State committed to make
such submissions and demonstrations no later than March 31, 2019, or
within one year from the date on which the EPA takes final action on
the April 2017 NSR submittal, whichever is earlier. See Letter from
Timothy S. Franquist, Director, Air Quality Division, ADEQ to Alexis
Strauss, Acting Regional Administrator, EPA Region 9, dated Dec. 6,
2017. In the Proposed Rules section of this Federal Register, we have
proposed conditional approval of ADEQ's April 2017 NSR submittal with
respect to the remaining deficiency identified in our 2016
PM2.5 precursor action concerning ammonia as a
PM2.5 precursor under section 189(e) of the Act.
II. EPA Action
Based on the proposed conditional approval action and our June 1,
2017 proposed approval action, pursuant to 40 CFR 52.31(d)(2), we are
issuing this interim final determination, effective on publication,
determining that ADEQ's revised plan corrects the deficiencies that
triggered the sanctions clock. The effect of this action is to defer
imposition of the offset sanctions and highway sanctions that were
triggered by our 2016 limited disapproval of ADEQ's NA-NSR permitting
program with respect to PM2.5 precursors.
The EPA is providing the public with an opportunity to comment on
this interim final determination that the deficiency has been corrected
and the resultant deferral of sanctions. If comments are submitted that
change our assessment described in this interim final determination
and/or the proposed conditional approval of ADEQ's April 2017 NSR
submittal with respect to the title I, part D deficiencies identified
in our 2016 PM2.5 precursor action, we would take final
action to lift this deferral of sanctions under 40 CFR 52.31. If no
comments are submitted that change our assessment, then all sanctions
and any sanction clocks triggered by our 2016 PM2.5
precursor action would be deferred unless and until (1) the EPA
proposes or takes final action to disapprove the April 2017 NSR
submittal with respect to the deficiencies identified in our 2016
PM2.5 precursor action, (2) the conditional approval
converts to a disapproval, or (3) the EPA determines through a finding
of failure to submit or through a proposed or final action disapproving
in whole or in part the SIP submittal that ADEQ is required to submit
to fulfill its commitment in the conditionally approved plan in
accordance with ADEQ's December 6, 2017 letter. Sanctions and sanctions
clocks triggered by our 2016 PM2.5 precursor action would be
permanently terminated on the effective date of a final approval of the
SIP submittal that ADEQ submits to fulfill the commitment in the
conditionally approved plan.
Because the EPA has preliminarily determined that ADEQ's April 2017
NSR submittal and December 6, 2017 commitment letter address the
deficiencies under part D of title I of the CAA for PM2.5
precursors identified in our 2016 PM2.5 precursor action,
relief from sanctions should be provided as quickly as possible.
Therefore, the EPA is invoking the good cause exception under the
Administrative Procedure Act (APA) in not providing an opportunity for
comment before this action takes effect (5 U.S.C. 553(b)(3)). However,
by this action, the EPA is providing the public with a chance to
comment on the EPA's determination after the effective date, and the
EPA will consider any comments received in determining whether to
reverse such action.
The EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. The EPA has reviewed the State's submittal and,
through our proposed actions, is indicating that it is more likely than
not that the State has submitted a revision to the SIP that corrects
deficiencies under part D of the Act that were the basis for the action
that started the sanctions clocks. Therefore, it is not in the public
interest to impose sanctions. Moreover, with respect to the effective
date of this action, the EPA is invoking the good cause exception to
the 30-day notice requirement of the APA because the purpose of this
notice is to relieve a restriction (5 U.S.C. 553(d)(1)).
III. Statutory and Executive Order Reviews
This action defers sanctions and imposes no additional
requirements.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
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B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action defers sanctions and imposes no new requirements.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
defers sanctions and imposes no new requirements.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action defers sanctions and imposes no new
requirements. In addition, this action does not apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. Thus, Executive Order
13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This action does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This action defers sanctions
in accordance with CAA regulatory provisions and imposes no additional
requirements.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this action as
discussed in section II of this preamble, including the basis for that
finding.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 12, 2018. Filing a petition for
reconsideration by the EPA Administrator of this interim final
determination does not affect the finality of this action for the
purpose of judicial review nor does it extend the time within which
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements (see CAA section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 20, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-00030 Filed 1-9-18; 8:45 am]
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