[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46917-46919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21611]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0204; FRL-9969-03-Region 9]


Interim Final Determination To Defer Sanctions; California; Los 
Angeles-South Coast Air Basin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making an interim 
final determination to defer the imposition of offset and highway 
sanctions in the Los Angeles-South Coast air basin (``South Coast'') 
based on a proposed approval of revisions to the South Coast portion of 
the California State Implementation Plan (SIP) published elsewhere in 
this Federal Register. The revisions concern Clean Air Act (CAA) 
reasonably available control measures/reasonably available control 
technology (RACM/RACT) and reasonable further progress (RFP) 
requirements for the 2006 24-hour fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS) in 
the South Coast.

DATES: This interim final determination is effective on October 10, 
2017. However, comments will be accepted until November 9, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2015-0204 at http://www.regulations.gov, or via email to Wienke 
Tax, Air Planning Office, at [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 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 947-4192, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

I. Background

    On April 14, 2016 (80 FR 22025), we published a final action to 
partially approve and partially disapprove SIP revisions submitted by 
California to address CAA Moderate area attainment plan requirements 
for the 2006 24-hour PM2.5 NAAQS in the South Coast 
nonattainment area (``2012 PM2.5 Plan''). As part of that 
action, we disapproved two elements of the 2012 PM2.5 Plan 
because they did not fully meet the requirements for RACM/RACT-level 
controls under sections 189(a)(1)(C) and 172(c)(1) of the CAA and thus 
also did not meet the requirement for RFP under section 172(c)(2) of 
the CAA. This disapproval action became effective on May 16, 2016, and 
started a sanctions clock for imposition of offset sanctions 18 months 
after May 16, 2016, and highway sanctions 6 months later, pursuant to 
CAA section 179 and our regulations at 40 CFR 52.31. Therefore, offset 
sanctions will apply on November 16, 2017, and highway sanctions will 
apply on May 16, 2018, unless the EPA determines that the deficiencies 
forming the bases for the disapprovals have been corrected.
    On March 17, 2017, the State of California submitted, as a revision 
to the California SIP, amendments to the South Coast Air Quality 
Management District's (SCAQMD or ``District'') Regional Clean Air 
Incentives Market (RECLAIM) program, which consists of SCAQMD rules 
2000 to 2020 and applies to stationary sources that emit at least four 
tons per year of nitrogen oxides or sulfur oxides in the South Coast. 
Additionally, on May 22, 2017, CARB submitted the SCAQMD's public draft 
version of the ``Supplemental RACM/RACT Analysis for the 2006 24-Hour 
PM2.5 and 2008 8-Hour Ozone Standards'' (``2017 RACT 
Supplement'').\1\ We proposed to approve the revised RECLAIM rules on 
June 6, 2017 (82 FR 25996), and fully approved these rules on September 
14, 2017 (82 FR 43176). We proposed to approve the 2017 RACT Supplement 
on June 15, 2017 (82 FR 27451), and fully approved it on September 20, 
2017 (82 FR 43850).\2\
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    \1\ California submitted the 2017 RACT Supplement to address 
deficiencies identified in both the EPA's April 14, 2016 partial 
disapproval of the 2012 PM2.5 Plan and the EPA's separate 
proposal to partially disapprove the District's ``2016 AQMP 
Reasonably Available Control Technology (RACT) Demonstration,'' 
which California had submitted to address RACT requirements under 
CAA section 182(b) and (f) and 40 CFR 51.1112 for the 2008 ozone 
NAAQS in the South Coast and Coachella Valley nonattainment areas 
(see 82 FR 27451, June 15, 2017).
    \2\ California adopted the 2017 RACT Supplement on July 7, 2017, 
and submitted it to the EPA on July 27, 2017.
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    In the Proposed Rules section of today's Federal Register, we are 
proposing to approve the RACM/RACT and RFP demonstrations in the 2012 
PM2.5 Plan based on our final approvals of the revised 
RECLAIM rules and the

[[Page 46918]]

2017 RACT Supplement, because we believe these SIP submissions correct 
the deficiencies identified in our April 14, 2016 partial disapproval 
action. Based on today's proposed approval, we are taking this interim 
final rulemaking action, effective on publication, to defer the 
imposition of the offset sanctions and highway sanctions triggered by 
our April 14, 2016 partial disapproval.
    The EPA is providing the public with an opportunity to comment on 
this deferral of sanctions. If comments are submitted that change our 
assessment described in this interim final determination and the 
proposed full approval of the RACM/RACT and RFP demonstrations in the 
2012 PM2.5 Plan, we would take subsequent final action to 
reimpose sanctions pursuant to 40 CFR 52.31(d). If no comments are 
submitted that change our assessment, we will take final action to 
approve the RACM/RACT and RFP demonstrations in the 2012 
PM2.5 Plan, and all sanctions and sanction clocks related to 
the May 16, 2016 disapproval action with respect to these elements of 
the 2012 PM2.5 Plan will be permanently terminated on the 
effective date of the final approval.

II. EPA Action

    We are making an interim final determination to defer the 
imposition of CAA section 179 sanctions associated with our partial 
disapproval of the 2012 PM2.5 Plan based on our concurrent 
proposal to determine that our prior approvals of the District's 
revised RECLAIM rules and 2017 RACT Supplement correct the deficiencies 
that initiated sanctions clocks.
    Because the EPA has preliminarily determined that the State has 
corrected the deficiencies previously identified in the EPA's partial 
disapproval 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 an opportunity 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 revised RECLAIM rules 
and 2017 RACT Supplement and, through a separate action, is proposing 
to find that the State has corrected the deficiencies that started the 
sanctions clocks. Therefore, it is not in the public interest to impose 
sanctions when the State has most likely taken appropriate action to 
correct the deficiencies that triggered the sanctions clocks. Moreover, 
it would be impracticable to go through notice-and-comment rulemaking 
on a finding that the State has corrected the deficiencies prior to the 
rulemaking approving the State's actual submission addressing those 
deficiencies. Therefore, the EPA believes that it is necessary to use 
the interim final rulemaking process to defer sanctions while the EPA 
completes its rulemaking process on the approvability of the State's 
submission addressing the deficiencies. 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 action is to relieve a restriction (5 U.S.C. 
553(d)(1)).

III. Statutory and Executive Order Reviews

    This action defers federal sanctions and imposes no additional 
requirements. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to 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. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    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 to Congress and the Comptroller 
General. However, section 808 provides that any rule for which the 
issuing agency for good cause finds that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest, shall take effect at such time as the agency promulgating the 
rule determines. 5 U.S.C. 808(2). EPA has made such good cause finding, 
including the reasons therefore, and established an effective date of 
October 10, 2017. EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 December 11, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ammonia,

[[Page 46919]]

Incorporation by reference, Intergovernmental regulations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur dioxide, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 26, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-21611 Filed 10-6-17; 8:45 am]
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