[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Proposed Rules]
[Pages 69806-69812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27992]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51

[EPA-HQ-OAR-2013-0694, FRL-9903-28-OAR]


Identification of Nonattainment Classification and Deadlines for 
Submission of State Implementation Plan (SIP) Provisions for the 1997 
Fine Particle (PM2.5) National Ambient Air Quality Standard (NAAQS) and 
2006 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On January 4, 2013, in Natural Resources Defense Council 
(NRDC) v. EPA, the D.C. Circuit Court (Court) remanded to the EPA the 
``Final Clean Air Fine Particle Implementation Rule'' (April 25, 2007) 
and the ``Implementation of the New Source Review (NSR) Program for 
Particulate Matter Less than 2.5 Micrometers (PM2.5)'' final 
rule (May 16, 2008) (collectively, ``1997 PM2.5 
Implementation Rules''). The Court found that the EPA erred in 
implementing the 1997 PM2.5 National

[[Page 69807]]

Ambient Air Quality Standards (NAAQS) pursuant solely to the general 
implementation provisions of subpart 1 of Part D of Title I of the 
Clean Air Act (CAA or Act), without also considering the particulate 
matter-specific provisions of subpart 4 of Part D. The Court's ruling 
remanded the rules to the EPA to address implementation of the 1997 
PM2.5 NAAQS under subpart 4. This proposed rulemaking 
identifies the classification under subpart 4 for areas currently 
designated nonattainment for the 1997 and/or 2006 PM2.5 
standards, the deadlines for states to submit attainment-related and 
new source review (NSR) state implementation plan (SIP) elements 
required for these areas pursuant to subpart 4, and the EPA guidance 
that is currently available regarding subpart 4 requirements. The 
proposed deadlines for 1997 and 2006 PM2.5 attainment-
related SIP submissions and NSR requirements for nonattainment areas 
would replace previous deadlines that were set solely pursuant to 
subpart 1. Specifically, the EPA is proposing to identify the initial 
classification of current 1997 and/or 2006 PM2.5 
nonattainment areas as ``moderate,'' and the EPA is proposing to set a 
deadline of December 31, 2014, for submission of remaining required SIP 
submissions for these areas, pursuant to and considering the 
application of subpart 4. This rulemaking affects eight nonattainment 
areas in five states.

DATES: Comments. Comments must be received on or before December 23, 
2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0694 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Mail: Air and Radiation Docket and Information Center, 
Attention Docket ID No. EPA-HQ-OAR- 2013-0694, Environmental Protection 
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Mail Code: 
28221T. Please include two copies if possible. In addition, please mail 
a copy of your comments on the information collection provisions to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Attn: Desk Officer for EPA, 725 17th St. NW., Washington, 
DC 20503.
     Hand Delivery: Air and Radiation Docket and Information 
Center, Attention Docket ID No. EPA-HQ-OAR-2013-0694, Environmental 
Protection Agency in the EPA Headquarters Library, Room Number 3334 in 
the WJC West Building, located at 1301 Constitution Ave. NW., 
Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. 
to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday, Air 
and Radiation Docket and Information Center.
     Instructions: Direct your comments to Docket ID No. EPA-
HQ-OAR-2013-0694. The EPA's policy is that all comments received will 
be included in the public docket without change and may be made 
available on-line at www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be confidential business information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any CD you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters and any form of encryption and be free of any 
defects or viruses. For additional information about the EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting 
comments, go to the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in 
www.regulations.gov. Although listed in the index, some information is 
not publicly available, i.e., CBI 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 in www.regulations.gov or in hard copy 
at the Air and Radiation Docket and Information Center in the EPA 
Headquarters Library, Room Number 3334 in the WJC West Building, 
located at 1301 Constitution Ave. 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.

FOR FURTHER INFORMATION CONTACT: For further general information on 
this rulemaking, contact Ms. Mia South, Air Quality Policy Division, 
Office of Air Quality Planning and Standards (C539-01), Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number (919) 541-5550; fax number (919) 541-5315; email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    Entities potentially affected directly by this proposal include 
state, local and tribal governments.

B. What should I consider as I prepare my comments for the EPA?

    1. Submitting CBI. Do not submit CBI information 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 on 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 to be CBI must be submitted for inclusion in the public docket. 
Information marked CBI will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     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.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.

[[Page 69808]]

     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this notice will be posted at http://www.epa.gov/airquality/particlepollution/actions.html.

 D. How is this notice organized?

    The information presented in this notice is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for the EPA?
    C. Where can I get a copy of this document and other related 
information?
    D. How is this notice organized?
II. What actions is the EPA proposing?
III. Background for Proposal
IV. Proposed Initial Identification of ``Moderate'' Classification 
for PM2.5 Nonattainment Areas Under Subpart 4
V. Proposed Deadlines for Submission of Remaining Required 
Attainment-Related SIP Elements
VI. What guidance is currently available to States regarding subpart 
4 requirements?
VII. Proposed Actions
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    Statutory Authority
List of Subjects

II. What actions is the EPA proposing?

    The EPA's proposed rulemaking responds to the Court's remand in 
NRDC v. EPA by notifying the states of the EPA's initial modification 
of its previous approach to implementation of the 1997 and 2006 
PM2.5 standards. This proposed rulemaking identifies: (1) 
The classification under subpart 4 of areas currently designated 
nonattainment for the 1997 and/or 2006 PM2.5 standards; (2) 
the deadline for states to submit any remaining attainment-related and 
NSR SIP submissions required pursuant to subpart 4; and (3) the EPA 
guidance and relevant rulemakings that are currently available 
regarding implementation of subpart 4 requirements. Specifically, the 
EPA is proposing to identify the initial classification of areas 
currently designated nonattainment for the 1997 and the 2006 
PM2.5 standards as ``moderate,'' and to set a deadline of 
December 31, 2014, for submission of any attainment-related and NSR SIP 
elements that may be due for these areas in consideration of the 
requirements under subpart 4. Additional details regarding attainment-
related and NSR SIP elements requirements of subpart 4 may also be 
addressed under separate EPA guidance and/or rulemaking. With regard to 
SIPs that previously have been submitted solely under the requirements 
of subpart 1, and which are now also subject to subpart 4 requirements, 
states should consult with their respective EPA regional offices for 
assistance in evaluating the appropriate course for addressing the 
effect of subpart 4 requirements on these submissions and for 
accomplishing any additional state work and the EPA review. The EPA 
expects that the existing submittals will already satisfy many of the 
subpart 4 requirements, and, to the extent that additional information 
is needed for specific requirements, every effort will be made to avoid 
duplicative work from the states.

III. Background for Proposal

    On January 4, 2013, in NRDC v. EPA, the D.C. Circuit Court remanded 
to the EPA the 1997 PM2.5 Implementation Rules. 706 F.3d 428 
(D.C. Cir. 2013). Prior to the Court's decision, and continuously since 
2005, the EPA had implemented the 1997 and 2006 PM2.5 NAAQS 
pursuant to regulations and guidance \1\ that were based on the general 
implementation provisions of subpart 1 of Part D of Title I of the CAA. 
The Court found that the EPA erred in implementing the 1997 
PM2.5 NAAQS solely pursuant to subpart 1 of Part D of Title 
I of the CAA, without consideration of the particulate matter-specific 
provisions of subpart 4 of Part D. In this proposed rulemaking, the EPA 
takes additional steps to respond to the Court's remand,\2\ and to 
address the implementation of the 1997 and 2006 PM2.5 NAAQS 
under subpart 4. In light of the long history of implementation of 
these standards under subpart 1, the EPA's proposal seeks to integrate 
and harmonize ongoing implementation under subpart 1 with the subpart 4 
requirements the Court has directed the EPA to address.
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    \1\ ``Implementation Guidance for the 2006 24-Hour Fine Particle 
(PM2.5) National Ambient Air Quality Standards (NAAQS),'' 
from Stephen D. Page, Director, Office of Air Quality Planning and 
Standards, to Regional Air Directors, Region I-X, March 2, 2012. 
This guidance was withdrawn on June 6, 2013.
    \2\ The EPA has previously addressed the NRDC decision and the 
role of subpart 4 in PM2.5 implementation in numerous 
rulemakings on individual areas. See areas listed in footnote 4, 
below.
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IV. Proposed Initial Identification of ``Moderate'' Classification for 
PM2.5 Nonattainment Areas Under Subpart 4

    Subpart 1 of Part D contains no nondiscretionary provision for 
classification of nonattainment areas, although it authorizes the EPA 
to make classifications if it considers such classification 
appropriate. As a result, under the EPA's prior approach to 
implementing the 1997 and 2006 PM2.5 standards, the EPA did 
not identify any classifications for areas designated nonattainment for 
those standards. By contrast, subpart 4 of the CAA, section 188, 
provides that all areas designated nonattainment are initially 
classified ``by operation of law'' as ``moderate'' nonattainment areas, 
and they remain classified as moderate nonattainment areas unless and 
until the EPA later reclassifies them as serious nonattainment 
areas.\3\ Pursuant to this provision, the EPA is proposing in this 
notice to identify the classification of all PM2.5 areas 
currently designated nonattainment for the 1997 and 2006 NAAQS as 
``moderate.'' Thus the provisions of subpart 4 relevant to areas 
currently designated nonattainment for 1997 and/or 2006 
PM2.5 NAAQS would initially be those applicable to moderate 
areas. For more information on current nonattainment areas, see 1997 
PM2.5 Nonattainment Areas, http://www.epa.gov/oaqps001/
greenbk/

[[Page 69809]]

qnc.html and 2006 PM2.5 Nonattainment Areas, http://www.epa.gov/oaqps001/greenbk/rnc.html.
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    \3\ In the General Preamble, the EPA has previously addressed 
the requirements of section 188 concerning classifications under 
subpart 4, including the issue of discretionary and mandatory 
reclassification from moderate to serious. See 57 FR 13498, at 
13537-8.
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    The areas that are most clearly affected by this rule are areas 
that did not submit a SIP under subpart 1 and which do not have a clean 
data determination or which have not yet submitted a redesignation 
request. The states and specific nonattainment areas affected for the 
PM2.5 1997 areas are Libby, MT, San Joaquin Valley, CA and 
the Los Angeles-South Coast Air Basin, CA. For the 2006 
PM2.5 nonattainment areas, the states and specific 
nonattainment areas affected are Fairbanks, AK, Imperial County, CA, 
Liberty-Clairton, PA, Provo, UT and Salt Lake City, UT.
    The subpart 4 requirements for areas classified as moderate are 
generally comparable to those of subpart 1. The general provisions for 
requirements for all nonattainment areas for subpart 4 include: (1) 
Section 189 (a)(1)(A) (NSR permit program); (2) section 189 (a)(1)(B) 
(attainment demonstration); (3) section 189 (a)(1)(C) [reasonably 
available control measures (RACM) and reasonable available control 
technology (RACT)]; (4) section 189 (c) [request for proposals (RFP) 
and quantitative milestones]; and (5) section 189 (e) (precursor 
requirements for major stationary sources). Subpart 4 also includes 
additional statutory SIP planning requirements in the event that EPA 
reclassifies a moderate nonattainment area to a serious nonattainment 
area and in the event the area needs additional extensions of time to 
attain the NAAQS. The General Preamble and Addendum provide useful 
additional guidance on the specific subpart 4 statutory requirements.

V. Proposed Deadlines for Submission of Remaining Required Attainment-
Related SIP Elements

    In 2013, the D.C. Circuit Court in NRDC v. EPA directed the EPA to 
modify its regulatory approach to implementing the 1997 
PM2.5 standard solely under subpart 1. The EPA's subpart 1-
based rulemakings were issued in 2007 and 2008, and for more than 5 
years they have governed the EPA's and the states' implementation 
efforts. Prior to the Court's decision, states understandably have 
worked towards meeting the air quality goals of the 1997 and 2006 
standards in accordance with the EPA regulations and guidance derived 
from subpart 1. During this time, many PM2.5 nonattainment 
areas have attained the 1997 and 2006 PM2.5 standards and/or 
submitted SIPs aimed at attainment, including, among other 
requirements, nonattainment NSR permitting programs. The EPA must 
therefore respond to the Court's remand in the context of the states' 
prior and ongoing efforts to attain the standards under the framework 
of subpart 1. The EPA takes this history into account in proposing to 
set a new deadline for any remaining submissions that may be required 
for a moderate nonattainment area due to the applicability of subpart 
4. It is important for EPA to set a new deadline in order to give 
states the opportunity to address the interpretation announced by the 
Court earlier this year. In rulemakings on individual areas subsequent 
to the Court's decision, the EPA has explained in detail its view that 
the Court's recently announced interpretation should not be applied 
retroactively. See, for example, ``Approval and Promulgation of Air 
Quality Implementation Plans; Indiana; Redesignation of the 
Indianapolis Area to Attainment of the 1997 Annual Standard for Fine 
Particulate Matter'' (78 FR 20856, April 8, 2013--proposal), (78 FR 
41698, July 11, 2013--final). The EPA has continued to consider and act 
upon submissions already made, explaining in those individual 
rulemakings how the EPA has taken into account the NRDC Court's 
decision.\4\ Notwithstanding those actions, there are areas for which 
states are required to make additional submissions under subparts 1 and 
4. With respect to those areas the EPA believes that states should be 
provided a reasonable opportunity to make such submissions based on the 
EPA interactions with states regarding the implementation of the 
PM2.5 NAAQS for the areas likely to be most affected by this 
rule, we anticipate that establishing a clear submittal date would help 
support NAAQS implementation and that approximately 1 year would 
provide an additional amount of time for development of any additional 
SIP submittal for these areas if needed.
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    \4\ In addition to the Indianapolis redesignation, since the 
NRDC Court's decision, the EPA has considered the role of subpart 4 
in PM2.5 implementation in a number of other individual 
rulemakings: ``Redesignation of Ohio Portions of Parkersburg-
Marietta and Wheeling Areas to Attainment of the 1997 Annual 
Standard for Fine Particulate Matter'' (78 FR 53275, August 29, 
2013), ``Redesignation of the Detroit-Ann Arbor Area to Attainment 
of the 1997 and 2006 Standards for Fine Particulate Matter'' (78 FR 
53272, August 29, 2013), ``Redesignation of the Cleveland-Akron-
Lorain Area for the 1997 Annual and 2006 24-Hour Standards'' (78 FR 
57270, September 18, 2013), ``Redesignation of Ohio Portion of the 
Steubenville-Weirton Area for the 1997 Annual and 2006 24-Hour 
Standards'' (78 FR 57273, September 18, 2013), ``Redesignation of 
Dayton-Springfield, OH Nonattainment Area for 1997 PM-2.5'' (78 FR 
59258, September 26, 2013), ``Redesignation of Canton-Massillon OH 
Nonattainment Area for 1997 PM-2.5'' (78 FR 62459, October 22, 
2013), and ``Proposed Approval of Delaware Attainment Plan for the 
Delaware Portion of the Philadelphia-Wilmington, Pennsylvania-New 
Jersey-Delaware Nonattainment Area for the 1997 Annual Fine 
Particulate Matter Standard'' (78 FR 57573, September 19, 2013).
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    The EPA is therefore proposing to set a deadline of December 31, 
2014, for the states to submit any additional attainment-related SIP 
elements that may be needed to meet the applicable requirements of 
subpart 4 for areas currently designated nonattainment for the 1997 
and/or 2006 PM2.5 NAAQS, and to submit SIPs addressing the 
nonattainment NSR requirements in subpart 4. The EPA believes that this 
period provides a relatively brief but reasonable amount of time for 
states to ascertain whether and to what extent any additional 
submissions are needed for a particular 1997 or 2006 PM2.5 
nonattainment area,\5\ and to develop, adopt and submit any such SIPs. 
Section 188(c)(1) of Subpart 4 establishes an attainment deadline of no 
later than the end of the sixth calendar year after designation as 
nonattainment. With respect to the 2006 24-hour PM2.5 NAAQS, 
nonattainment area designations for most areas became effective in 
December 2009 (74 FR 58688, November 13, 2009). Thus, these areas are 
subject to an attainment deadline under subpart 4 of no later than 
December 31, 2015. A SIP submission deadline of December 31, 2014, for 
these areas will therefore ensure that there is at least a year between 
SIP submission and attainment deadlines.\6\ The December 31, 2014,

[[Page 69810]]

deadline would allow a brief but reasonable amount of time for the 
states to modify their SIPs in consideration of subpart 4 in keeping 
with the timeframe established by the existing subpart 4 attainment 
deadline. With respect to the 1997 Annual PM2.5 NAAQS, 
although nonattainment area designations in most areas became effective 
more than 8 years ago (see 70 FR 944, January 5, 2005), we are 
proposing to establish for these areas the same subpart 4 SIP 
submission deadline that would apply for purposes of the 2006 
PM2.5 NAAQS (December 31, 2014), so that all states with 
PM2.5 nonattainment areas have a reasonable amount of time 
to develop any additional SIP elements that may be required under 
subpart 4 in response to the NRDC decision. Thus, for all 
PM2.5 nonattainment areas, the states would be required to 
submit any remaining attainment-related SIPs that are necessary to 
satisfy the requirements applicable to moderate nonattainment areas 
under section 189(a) of the Act no later than December 31, 2014. This 
proposal does not affect any action that the EPA has previously taken 
under section 110(k) of the Act on a SIP for a PM2.5 
nonattainment area. As noted in the section below, because subpart 4 
incorporates the requirements of subpart 1 and affects the requirements 
that it subsumes, the EPA is proposing that the December 31, 2014, 
deadline replaces the deadlines previously set for submissions designed 
solely for subpart 1. By coordinating implementation of subpart 4 and 
subpart 1 submissions, and clarifying the deadline for submission of 
additional subpart 4 requirements, the proposed rule will help states 
and areas understand and efficiently discharge any remaining 
responsibilities. The proposed rule will also facilitate the processing 
of requests to redesignate 1997 and 2006 nonattainment areas to 
attainment, since clear deadlines for submissions of requirements will 
provide a means for identifying applicable requirements for purposes 
evaluating redesignation requests.\7\
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    \5\ The answers to these questions will depend upon the 
circumstances of each individual nonattainment area, including 
whether the area's monitored air quality meets the standard, and 
whether the state has already made attainment-related and NSR SIP 
submissions for the area. As the EPA has explained in its proposed 
rulemaking on Approval and Promulgation of Air Quality 
Implementation Plans; Indiana; Redesignation of the Indianapolis 
Area to Attainment of the 1997 Annual Standard for Fine Particulate 
Matter (78 FR 20856, April 8, 2013), it is also important to 
evaluate, for each area, the interrelationship of the two subparts, 
and whether the substance of subpart 1 and subpart 4 provisions, 
should, for certain purposes, be considered equivalent.
    \6\ The EPA designation for the West Central Pinal area in 
Arizona as nonattainment for the 2006 24-hour PM2.5 
standard became effective March 7, 2011. See 76 FR 6056, February 3, 
2011. Although the latest attainment date applicable to this area 
under subpart 4 is December 31, 2017 (2 years later than the 
December 31, 2015, attainment date that applies to areas designated 
nonattainment in 2009), the EPA is proposing to require Arizona to 
submit an attainment SIP meeting the requirements of subpart 4 for 
the 2006 24-hour PM2.5 standard for this area by the same 
December 31, 2014, date that we are proposing for other 
nonattainment areas. The December 31, 2014, SIP submission date 
would supplant the March 7, 2014, date by which the state was 
previously required under subpart 1 to submit a PM2.5 
attainment SIP for this area, and would provide a reasonable amount 
of additional time for the state to both develop the required 
subpart 4 SIP elements and implement its control strategy in advance 
of the applicable attainment date.
    \7\ As explained in the EPA's proposed redesignation of the 
Indianapolis Area to Attainment for the 1997 PM2.5 
Standard, in evaluating redesignation requests, the EPA's 
longstanding interpretation is that ``applicable requirements'' are 
those whose deadline for submission occurs prior to the state's 
submission of a complete redesignation request. 78 FR 20856, 20861.
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VI. What guidance is currently available to States regarding subpart 4 
requirements?

    The EPA has longstanding general guidance that interprets the 1990 
amendments to the CAA, making recommendations to states for meeting the 
statutory requirements for SIPs for nonattainment areas. See ``State 
Implementation Plans; General Preamble for the Implementation of Title 
I of the Clear Air Act Amendments of 1990'' (57 FR 13498, April 16, 
1992) (the ``General Preamble''). In the General Preamble, the EPA 
discussed the relationship of subpart 1 and subpart 4 SIP requirements, 
and pointed out that subpart 1 requirements were to an extent 
``subsumed by, or integrally related to, the more specific PM-10 
requirements.'' 57 FR at 13538. In recent rulemakings for individual 
areas published after the NRDC Court decision, the EPA has further 
elaborated on the relationship of subpart 1 and subpart 4 requirements 
in the context of an area that has attained the 1997 PM2.5 
standard and requested redesignation to attainment. ``Approval and 
Promulgation of Air Quality Implementation Plans; Indiana; 
Redesignation of the Indianapolis Area to Attainment of the 1997 Annual 
Standard for Fine Particulate Matter'' (78 FR 20856, April 8, 2013--
proposal) (78 FR 41698, July 11, 2013--final). The EPA believes that 
both the General Preamble and its recent rulemakings on Indianapolis 
and other areas provide helpful guidance for states in ascertaining the 
impact of subpart 4 requirements on their ongoing efforts to meet the 
1997 and 2006 PM2.5 standards.\8\ For help with questions or 
further clarification, states should consult their respective EPA 
regional offices.
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    \8\ See also ``Redesignation of Ohio Portions of Parkersburg-
Marietta and Wheeling Areas to Attainment of the 1997 Annual 
Standard for Fine Particulate Matter'' (78 FR 53275, August 29, 
2013), ``Redesignation of the Detroit-Ann Arbor Area to Attainment 
of the 1997 and 2006 Standards for Fine Particulate Matter'' (78 FR 
53272, August 29, 2013); ``Redesignation of the Cleveland-Akron-
Lorain Area for the 1997 Annual and 2006 24-Hour Standards'' (78 FR 
57270, September 18, 2013), ``Redesignation of Ohio Portion of the 
Steubenville-Weirton Area for the 1997 Annual and 2006 24-Hour 
Standards'' (78 FR 57273, September 18, 2013), ``Redesignation of 
Dayton-Springfield, OH Nonattainment Area for 1997 PM-2.5'' (78 FR 
59258, September 26, 2013).
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VII. Proposed Actions

    This rule responds to the Court's decision in NRDC v. EPA, supra. 
The Court found that the EPA erred in implementing the 1997 
PM2.5 NAAQS pursuant solely to the general implementation 
provisions of subpart 1 of Part D of Title I of the CAA, without also 
considering the particulate matter-specific provisions of subpart 4 of 
Part D. The EPA proposes to identify the initial classification of 
current 1997 and 2006 PM2.5 nonattainment areas as moderate. 
For these areas, the EPA is also proposing to set December 31, 2014, as 
the deadline for any remaining required attainment-related and 
nonattainment NSR SIP submissions, pursuant to and considering the 
application of subpart 4. The EPA is soliciting comment, specifically 
on the proposed deadlines for submission of remaining SIP requirements.
    There are two main categories of areas most affected by this rule: 
(1) Areas that did not submit a SIP under subpart 1 and (2) areas which 
do not have a clean data determination or which have not yet submitted 
a redesignation request. The states and specific nonattainment areas 
affected for the 1997 PM2.5 NAAQS are Libby, MT, San Joaquin 
Valley, CA and the Los Angeles-South Coast Air Basin, CA. For the 2006 
PM2.5 NAAQS, the states and specific nonattainment areas 
affected are Fairbanks, AK, Imperial County, CA, Liberty-Clairton, PA, 
Provo, UT and Salt Lake City, UT. Using the most up to date status of 
SIP submissions and approved SIPs, the EPA will continue working with 
states on a case-by-case basis, based on their stage of SIP 
development, to address subpart 4 requirements.

VIII. 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'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This proposed rulemaking 
identifies the classification under subpart 4 for areas currently 
designated nonattainment for the 1997 and/or 2006 PM2.5 
standards and the deadline for states to submit attainment-related SIP 
elements for these areas that are required pursuant to subpart 4.

[[Page 69811]]

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any regulation subject 
to notice and comment rulemaking requirements under the Administrative 
Procedures Act or any other statute unless the agency certifies the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small 
entities, small entity is defined as: (1) A small business as defined 
in the Small Business Administration's (SBA) regulations at 13 CFR 
121.201;) (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any requirements directly on small 
entities. Entities potentially affected directly by this proposal 
include state, local and tribal governments and none of these 
governments are small governments. Other types of small entities are 
not directly subject to the requirements of this rule because this 
action only identifies the classification under subpart 4 for areas 
currently designated nonattainment for the 1997 and/or 2006 
PM2.5 standards and the deadline for states to submit 
attainment-related SIP elements for these areas that are required 
pursuant to subpart 4.
    We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no federal mandate under the provisions of 
title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local and tribal governments, in the aggregate, or 
the private sector. This action imposes no enforceable duty on any 
state, local or tribal governments or the private sector. Therefore, 
this action is not subject to the requirements of section 202 and 205 
of the UMRA.
    This action is also not subject to the requirements of section 203 
of the UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This proposed 
rulemaking identifies the classification under subpart 4 for areas 
currently designated nonattainment for the 1997 and/or 2006 
PM2.5 standards and the deadline for states to submit 
attainment-related SIP elements for these areas that are required 
pursuant to subpart 4.

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, as 
specified in Executive Order 13132. The requirement to submit SIP 
revisions to meet the 1997 and 2006 PM2.5 NAAQS requirements 
under subpart 4 is imposed by the CAA. This proposed rule, if made 
final, would interpret those requirements as they apply to the 1997 and 
2006 PM2.5 NAAQS. Thus, Executive Order 13132 does not apply 
to this action.
    In the spirit of Executive Order 13132 and consistent with the EPA 
policy to promote communications between the EPA and state and local 
governments, the EPA specifically solicits comments on this proposed 
action from state and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It would not 
have a substantial direct effect on one or more Indian tribes, since no 
tribe has to develop an implementation plan under these proposed 
regulatory revisions. Furthermore, these proposed regulation revisions 
do not affect the relationship or distribution of power and 
responsibilities between the federal government and Indian tribes. The 
CAA and the Tribal Air Rule establish the relationship of the federal 
government and tribes in developing plans to attain the NAAQS, and 
these revisions to the regulations do nothing to modify that 
relationship. Thus, Executive Order 13175 does not apply to this 
action.
    Although Executive Order 13175 does not apply to this action, the 
EPA specifically solicits additional comment on this proposed action 
from tribal officials.

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

    The EPA interprets E.O. 13045 (62 FR 19885, April 23, 1997) as 
applying only to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the E.O. 
has the potential to influence the regulation. This action is not 
subject to E.O. 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks. This proposed 
rulemaking identifies the classification under subpart 4 for areas 
currently designated nonattainment for the 1997 and/or 2006 
PM2.5 standards and the deadline for states to submit 
attainment-related SIP elements for these areas that are required 
pursuant to subpart 4.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 
272 note) directs the EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures and business practices) that are developed or 
adopted by voluntary consensus standards bodies. NTTAA directs the EPA 
to provide Congress, through OMB, explanations when the agency decides 
not to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, the 
EPA is not considering the use of any voluntary consensus standards.

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

    Executive Order (E.O.) 12898 (59 FR 7629 (Feb. 16, 1994)) 
establishes federal executive policy on environmental justice. Its main 
provision directs federal agencies, to the greatest extent practicable 
and permitted by law, to make environmental justice part of their

[[Page 69812]]

mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies and activities on minority 
populations and low-income populations in the United States.
    The EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This proposed rulemaking identifies the classification 
under subpart 4 for areas currently designated nonattainment for the 
1997 and/or 2006 PM2.5 standards and the deadline for states 
to submit attainment-related SIP elements for these areas that are 
required pursuant to subpart 4.

Statutory Authority

    The statutory authority for this action is provided by 42 U.S.C. 
7401, 7408, 7410, 7501-7509a, and 7601(a)(1).

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Nitrogen dioxide, 
Ozone, Particulate matter, Sulfur oxides, Volatile organic compound.

    Dated: November 15, 2013.
Gina McCarthy,
Administrator.
[FR Doc. 2013-27992 Filed 11-20-13; 8:45 am]
BILLING CODE 6560-50-P