[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Rules and Regulations]
[Pages 42447-42451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18878]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0216 and EPA-R10-OAR-2017-0193; FRL-9967-22-Regions 8 
and 10]


Attainment Date Extensions for the Logan, Utah-Idaho 2006 24-Hour 
Fine Particulate Matter Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is granting 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 extending the 
Moderate attainment date from December 31, 2015 to December 31, 2017, 
in accordance with section 188(d) of the Clean Air Act (CAA).

DATES: This final rule is effective on October 10, 2017.

ADDRESSES: The EPA has established two dockets for this action under 
Docket ID No. EPA-R08-OAR-2017-0216 and EPA-R10-OAR-2017-0193. 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 in hard copy at the EPA Region 8, Office 
of Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop 
Street, Denver, Colorado, 80202-1129 or at the EPA Region 10, Office of 
Air and Waste, 1200 Sixth Avenue, Seattle, Washington, 98101. 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. You may view the hard copy of the docket Monday through 
Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays.

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], or Jeff Hunt, Air 
Planning Unit, Office of Air and Waste (OAW-150), EPA, Region 10, 1200 
Sixth Ave, Suite 900, Seattle, Washington, 98101; (206) 553-0256; 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In early June of this year, the EPA proposed to grant two one-year 
extensions to the Moderate attainment date for the 2006 24-hour 
PM2.5 Logan, UT-ID nonattainment area. See 82 FR 25992 (June 
6, 2017); 82 FR 26638 (June 8, 2017). 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 [National 
Ambient Air Quality Standard (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 statute provides the 
EPA with authority to issue only two one-year extensions for a single 
Moderate area.
    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, 
and that rule includes requirements applicable to Moderate area 
extension requests under CAA section 188(d). Under the regulations, the 
EPA may grant an

[[Page 42448]]

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). See 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.'' See 81 FR 58070 and 58073, August 24, 
2016.
    On June 6, 2017 (82 FR 25992), the EPA Region 8 Regional 
Administrator, and on June 8, 2017 (82 FR 26638), the EPA Region 10 
Regional Administrator proposed to grant two one-year extensions to the 
Moderate area attainment date for the 2006 24-hour PM2.5 
Logan, UT-ID nonattainment area. The requests on which the EPA proposed 
action were 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 took comment on granting the two one-year extension 
requests that would extend the Moderate PM2.5 attainment 
date from December 31, 2015 to December 31, 2017, for the Logan, UT-ID 
nonattainment area. For details of the EPA's reasons for proposing to 
grant the extensions, please see the June 6, 2017 and June 8, 2017 
proposal notices.

II. Response to Comments

    The EPA received two public comments on the proposed actions. One 
was submitted anonymously and the second was submitted by Western 
Resource Advocates (WRA).
    Comment: The first comment briefly mentions that the State of Utah 
has had adequate time to address the air quality issue and the 
extension should not be approved because medical issues by excessive 
particulate matter are well substantiated.
    Response: The EPA agrees that there are medical issues associated 
with PM2.5 exposures. However, CAA section 188(d) and 
implementing regulations provide flexibility for states to address air 
quality issues in Moderate nonattainment areas if certain conditions 
are met. Under CAA section 188(d) and the PM2.5 
Implementation Rule, 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) 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 requirement in 40 CFR part 50, appendix N). 40 CFR 
51.1005(a)(1). 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.'' See 81 FR 58070-58073, August 24, 2016. 
The applicable implementation plan is defined as the plan submitted to 
meet Moderate area requirements for the NAAQS at issue. Id. Sec.  
51.1005(a)(2). The EPA cannot issue more than two one-year extensions 
for a single Moderate area.
    As discussed in the proposed approval of the extension requests, 
and in the response to the comment from WRA below, the Logan, UT-ID 
nonattainment area has met the CAA section 188(d) requirements for 
granting the two one-year extensions. Accordingly, the EPA is 
finalizing approval of the two one-year extension requests to the 
Moderate area attainment date as proposed.
    Comment: The second comment, sent by WRA, asserts that the State of 
Utah has not complied with all requirements and commitments pertaining 
to the area in the applicable implementation plan. Specifically, 
according to WRA, the State of Utah has not met the reasonable further 
progress and quantitative milestones requirements of the Moderate State 
Implementation Plan (SIP). The commenter states that the State of 
Utah's Logan, UT-ID PM2.5 SIP does not establish whether the 
emission reductions have been achieved on a linear or stepwise basis in 
years 4.5 (June 2013) and 7.5 (June 2017). Additionally, WRA states 
that the Logan, UT-ID SIP contains no quantitative milestones; thus 
according to WRA, the State of Utah has failed to define and failed to 
demonstrate that any quantitative milestones have been achieved.
    WRA further states that air quality monitoring data indicates that 
the extensions are inappropriate. The commenter provides air quality 
data representing the 98th percentile values for the Logan 
PM2.5 air quality monitors from 2010 to 2016, and additional 
information regarding preliminary 2017 values.\1\ Additionally, the 
commenter provides the specific three-year design values from 2010 to 
2015 at the Logan monitors.\2\ Referring to the 98th percentiles and 
design values, the commenter states that the monitoring data shows high 
variability and fails to reveal any correlation between emission 
reductions and better air quality. The commenter concludes that the 
Logan, UT-ID nonattainment area has not attained the 2006 24-hour 
PM2.5 NAAQS and should be reclassified to a ``Serious 
Area.''
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    \1\ WRA notes that between 2010 and 2016, the 98th percentile 
PM2.5 concentrations at the Logan monitors have been: 
42.4 micrograms per cubic meter ([mu]g/m\3\) in 2010, 42.3 [mu]g/
m\3\ in 2011, 27.1 [mu]g/m\3\ in 2012, 68.3 [mu]g/m\3\ in 2013, 41.1 
[mu]g/m\3\ in 2014, 32.7 [mu]g/m\3\ in 2015, and 34.4 [mu]g/m\3\ in 
2016. In 2017, WRA states that the 7th highest 24-hour 
PM2.5 concentration is 39.9 [mu]g/m\3\ and the 8th 
highest is 34.4 [mu]g/m\3\, with a high concentration of 75.7 [mu]g/
m\3\.
    \2\ WRA notes that between 2010 and 2015, the design values 
(three-year average of the 98th percentile) have been: 37.3 [mu]g/
m\3\ in 2010-2012, 45.8 [mu]g/m\3\ in 2011-2013, 45 [mu]g/m\3\ in 
2012-2014, 45.6 [mu]g/m\3\ in 2013-2015, and 34.5 [mu]g/m\3\ in 
2014-2015.
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    Response: The EPA disagrees with the commenter's interpretation of 
the requirements found in CAA section 188(d) and the PM2.5 
Implementation Rule. The relevant criteria for granting an extension 
for a Moderate nonattainment area are whether (1) the state has 
complied with all requirements and commitments pertaining to the area 
in the applicable state plan; and (2) the 98th percentile 24-hour 
concentration for the attainment year is less than or equal to the 
level of the applicable 24-hour standard.\3\ In requesting an 
extension, the State of Utah submitted a letter on May 2, 2017, stating 
that it has complied with all requirements and commitments in the state 
plan and that the 98th percentile 24-hour concentration for the 
applicable year is below the standard.
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    \3\ PM2.5 Implementation Rule, Section 
51.1005(a)(1)(i)-(ii).
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    Regarding the first criterion for granting an attainment date 
extension under CAA Section 188(d)(1), the preamble of the 
PM2.5 Implementation Rule notes that CAA section 188(d) 
``does not explicitly require that the state comply with all 
requirements pertaining to the area in the CAA, but

[[Page 42449]]

merely requires that the state comply with all requirements in the 
applicable SIP.'' \4\ In other words, so long as the state has 
submitted the necessary attainment plan for the area for the applicable 
PM2.5 NAAQS and is implementing the submitted plan, the fact 
that the EPA has not yet acted on such submission to make it an 
approved part of the applicable SIP should not preclude the state from 
obtaining an extension of the attainment date under CAA section 
188(d)(1). Specifically, in order to satisfy the first criterion, a 
state would have to demonstrate that control measures included in the 
plan submission as reasonably available control measures (RACM), 
reasonably available control technology (RACT), and additional 
reasonable measures for sources in the area have been implemented.\5\
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    \4\ 81 FR 58070, August 24, 2016. This interpretation as applied 
to CAA section 188(e) for Serious area attainment date extensions 
was upheld by the Ninth Circuit in Vigil v. Leavitt, 366 F.3d 1025, 
amended at 381 F.3d 826 (9th Cir. 2004).
    \5\ 81 FR 58070, August 24, 2016.
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    The regulatory requirements for extensions of the Moderate area 
attainment date that the EPA promulgated in the PM2.5 
Implementation Rule are consistent with the CAA. Under 40 CFR. 
51.1005(a)(1)(i) and (a)(2), the state must have complied with all 
requirements and commitments in the applicable implementation plan, 
which is defined as the Moderate area plan submitted to meet the 
requirements of 40 CFR 51.1003(a). Thus, the EPA has, by rule, 
interpreted section 188(d)(1) to require the state to have complied 
with the requirements to implement RACM, RACT, and additional 
reasonable measures that were submitted in the Moderate area plan.\6\ 
To the extent the comment suggests the EPA must first approve the plan 
submission before a Moderate area extension may be granted, that issue 
was addressed in the implementation rule and the time to comment has 
passed to challenge the EPA's regulatory interpretation of the statute. 
See CAA section 307(b)(1).
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    \6\ The comment appears to interpret the language in the 
preamble stating that the State must have ``complied with all 
requirements and commitments pertaining to the area in the 
applicable implementation plan'' in a manner that appears 
inconsistent with the EPA's implementation rule. The regulatory 
language makes clear that the State must comply with the 
requirements and commitments in the Moderate area plan that was 
submitted to the EPA for the relevant NAAQS in the area at issue. 
The preamble language clarifies that the relevant requirements and 
commitments are those that apply to the nonattainment area for which 
the extension has been requested and for the relevant NAAQS. Thus, 
if the State failed to meet a requirement or commitment in the 
applicable implementation plan for some other nonattainment area or 
failed to meet a requirement applicable to a different NAAQS (e.g. 
ozone), that would not bar the State from getting an extension for 
the nonattainment area and NAAQS at issue.
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    The EPA has acted on certain aspects of the State of Utah's SIP in 
separate actions, as described in the proposed action to grant the two 
one-year attainment date extensions.\7\ Moreover, the EPA's evaluation 
as to whether the Moderate area plan has met all CAA requirements, 
including those for reasonable further progress and quantitative 
milestones, will be addressed in a separate action, which as noted 
above is a different determination than whether the State of Utah has 
complied with the requirements and commitments in the submitted 
Moderate area plan. As discussed in the proposal, the State of Utah 
submitted the necessary attainment plan for the area, the plan contains 
control measures identified as RACM and RACT, and additional reasonable 
measures for sources in the area and the State is implementing those 
control measures.\8\ The comment does not dispute these facts. Thus, 
the Logan, UT-ID nonattainment area has met the SIP submission 
criterion found in CAA section 188(d)(1).
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    \7\ 82 FR 25992 (June 6, 2017) and 82 FR 26638 (June 8, 2017). 
The State of Utah submitted its Moderate PM2.5 attainment 
SIP on December 22, 2014 and the State of Idaho submitted its 
Moderate PM2.5 attainment SIP on December 14, 2012 and 
supplement on December 24, 2014, respectively.
    \8\ 82 FR 25994/5, June 6, 2017; 82 FR 26638, June 8, 2017.
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    For the second criterion in CAA Section 188(d)(2), the EPA 
interprets the requirement to demonstrate that the area had ``no more 
than one exceedance'' of the 24-hour PM2.5 NAAQS to mean 
that the state must simply demonstrate that the area had ``clean data'' 
in the year preceding the extension year.\9\ Thus, a state seeking an 
attainment date extension for a Moderate nonattainment area for a 24-
hour PM2.5 NAAQS would be required to demonstrate that the 
area had clean data with respect to the statistical form of that 
particular standard (i.e., for the 2006 PM2.5 NAAQS, the 
98th percentile value did not exceed 35 micrograms per cubic meter 
([mu]g/m\3\)) in the calendar year prior to the applicable attainment 
date for the area.\10\
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    \9\ 81 FR 58071, August 24, 2016.
    \10\ 81 FR 58010, 58070-58071, August 24, 2016.
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    As noted in the proposal,\11\ the years that need to be reviewed 
for granting the two one-year attainment date extension requests are 
2015 for the first extension request and 2016 for the second extension 
request. To demonstrate that the Logan, UT-ID nonattainment area had 
clean data for the 2006 PM2.5 NAAQS, the 98th percentile 
values may not exceed 35 [mu]g/m\3\. The 98th percentile value at the 
Logan monitor (Utah) was 29.0 [mu]g/m\3\ in 2015 and at the Smithfield 
monitor (Utah) was 34.4 [mu]g/m\3\ in 2016. Additionally, the 98th 
percentile concentrations at the Franklin, Idaho monitor were 18.8 
[mu]g/m\3\ in 2015 and 33.3 [mu]g/m\3\ in 2016. Thus, the area met the 
second criterion for granting the two one-year extensions found in CAA 
section 188(d)(2) as interpreted by the PM2.5 Implementation 
Rule.
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    \11\ 82 FR 25992 (June 6, 2017) and 82 FR 26638 (June 8, 2017).
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    The comment does not dispute that the area has met the criterion 
set forth in 40 CFR 51.1005(a)(1)(ii). Instead, the comment cites other 
monitoring data from previous years. Again, the EPA established its 
interpretation in the PM2.5 Implementation Rule of what 
monitoring data is relevant for CAA section 188(d)(2). Notwithstanding 
that fact, WRA appears to believe that monitoring data from the years 
before 2015 and 2016 must be considered and argues that it is not 
reasonable to ignore such data. As with the comments on the first 
extension criterion, the commenter appears to take issue with the EPA's 
interpretations of the CAA as set forth in the implementation rule; 
however, the time has passed to challenge the implementation rule. The 
EPA evaluated the extension request consistent with the 
PM2.5 Implementation Rule and we decline to adopt the 
commenter's interpretation of the statute.
    To the extent the comment also argues that the EPA should deny the 
extension requests in our discretion, we decline to do so. As explained 
in our proposal and restated above, we have reviewed the requests from 
the states and accompanying data, and we find that they support 
granting two one-year extensions of the attainment date for this area. 
Thus, we do not agree that the EPA must necessarily consider all 
aspects of air quality (such as the other data the comment presents) in 
addition to our evaluation of the extension year air quality data under 
the second criterion. We also do not agree that the EPA must 
necessarily consider the concerns the comment raises regarding 
reasonable further progress and quantitative milestones in addition to 
our evaluation under the first criterion of the state's compliance with 
commitments and requirements in the submitted Moderate area plan.
    However, even if the EPA were to consider the other information 
presented in the comment, we would still grant the extension requests. 
First, we note that Utah's submitted Moderate

[[Page 42450]]

area plan does contain reasonable further progress and quantitative 
milestone sections.\12\ We also disagree that the plan does not attempt 
to show a correlation between emission reductions and air quality 
improvement: that is precisely what the attainment demonstration does. 
In remainder, the comment argues that these elements of the plan do not 
meet all Moderate area requirements, but as explained above that will 
be determined in a separate action.
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    \12\ The Logan, UT-ID Moderate PM2.5 SIP can be found 
within the docket, EPA-R08-OAR-2017-0216. The entire submittal is 
entitled ``December 16, 2014 State of Utah Moderate PM2.5 
SIP Submittal,'' and the Logan section, ``Utah SIP Control Measures 
for Area and Point Sources, Fine Particulate Matter, 
PM2.5 SIP for the Logan, UT-ID Nonattainment Area, 
Section IX. Part A.23'' starts on pdf page number 546. The Logan, 
UT-ID Moderate PM2.5 SIP contains reasonable further 
progress analysis and quantitative milestones in Chapter 8.
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    If we were to consider the other air quality data presented by the 
comment, we would note that, as the comment states, there is 
variability from year to year.\13\ In such a circumstance, granting the 
extension request seems entirely consistent with the purpose of section 
188(d): A state may have met all of its commitments and requirements in 
the submitted Moderate area plan, but due to variability--such as poor 
air quality in a single year prior to the extension year (in this case 
2013)--the area fails to attain by the attainment date. In such a 
circumstance, section 188(d) provides a means for dealing with this 
variability.
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    \13\ In addition, the 98th percentile value for 2015 for Logan 
appears to be incorrect in the comment. It should be 29.0 [micro]g/
m\3\ instead of 32.7 [micro]g/m\3\.
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III. EPA's Final Action

    In response to requests from the State of Utah on May 2, 2017, and 
from the Idaho Department of Environmental Quality (IDEQ) on December 
15, 2015, February 26, 2016, and April 25, 2017, the EPA is granting 
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. This final action extends the Moderate area 
attainment date for the Logan, UT-ID nonattainment area from December 
31, 2015 to December 31, 2017. This final 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. Consistent with CAA section 
188(d) and 40 CFR 51.1005(a), 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 requirements that apply to Serious 
PM2.5 nonattainment areas unless the area fails to attain 
the standard by the December 31, 2017 Moderate area attainment date and 
the area is reclassified to a Serious PM2.5 nonattainment 
area.
    This action is not a redesignation to attainment under CAA section 
107(d)(3)(E). The State of Utah and the State of Idaho are not 
currently attaining the PM2.5 NAAQS in the nonattainment 
area 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 for the area in 40 
CFR part 81 will remain as a Moderate nonattainment area until such 
time as the State of Utah and the State of Idaho meet the CAA 
requirements for redesignation to attainment, or the area is 
reclassified to Serious.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/lawsregulations/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 final 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.

[[Page 42451]]

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.

K. Congressional Review Act (CRA)

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. 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. A major rule cannot take 
effect until 60 days after it is published in the Federal Register. 
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

L. 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 November 7, 2017. 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, 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: August 21, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
    Dated: August 22, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-18878 Filed 9-7-17; 8:45 am]
 BILLING CODE 6560-50-P