[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58745-58747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26894]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0677; FRL-9971-88-Region 10]


Finding of Failure To Submit a Section 110 State Implementation 
Plan for Interstate Transport for the 2012 Annual National Ambient Air 
Quality Standards for Fine Particles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action finding that Washington State failed to submit an infrastructure 
State Implementation Plan (SIP) to satisfy certain interstate transport 
requirements of the Clean Air Act (CAA) with respect to the 2012 annual 
fine particles (PM2.5) national ambient air quality standard 
(NAAQS). Specifically, these requirements pertain to significant 
contribution to nonattainment, or interference with maintenance, of the 
2012 annual PM2.5 NAAQS in other states. This finding of 
failure to submit establishes a 2-year deadline for the EPA to 
promulgate a Federal Implementation Plan (FIP) to address the 
interstate transport SIP requirements pertaining to significant 
contribution to nonattainment and interference with maintenance unless, 
prior to the EPA promulgating a FIP, the state submits, and the EPA 
approves, a SIP that meets these requirements.

DATES: This final rule is effective on January 16, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2017-0677. 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 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: 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: 

Table of Contents

I. General Information
II. Background and Overview
III. Finding of Failure To Submit for Washington State
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews

I. General Information

A. Notice and Comment Under the Administrative Procedures Act (APA)

    Section 553 of the APA, 5 U.S.C. 553(b)(3)(B), provides that, when 
an agency for good cause finds that notice and public procedure are 
impracticable, unnecessary or contrary to the public interest, the 
agency may issue a rule without providing notice and an opportunity for 
public comment. The EPA has determined that there is good cause for 
making this rule final without prior proposal and opportunity for 
comment because no significant EPA judgment is involved in making a 
finding of failure to submit SIPs, or elements of SIPs, required by the 
CAA, where states have made no submissions or incomplete submissions, 
to meet the requirement. Thus, notice and public procedure are 
unnecessary. The EPA finds that this constitutes good cause under 5 
U.S.C. 553(b)(3)(B).

B. How is the Preamble organized?

II. Background and Overview

A. Interstate Transport SIPs

    CAA section 110(a) imposes an obligation upon states to submit SIPs 
that provide for the implementation, maintenance and enforcement of a 
new or revised NAAQS within 3 years following the promulgation of that 
NAAQS. Section 110(a)(2) lists specific requirements that states must 
meet in these SIP submissions, as applicable. The EPA refers to this 
type of SIP submission as the ``infrastructure'' SIP because it ensures 
that states can implement, maintain and enforce the air standards. 
Within these requirements, section 110(a)(2)(D)(i) contains 
requirements to address interstate transport of NAAQS pollutants. A SIP 
revision submitted for this sub-section is referred to as an 
``interstate transport SIP.'' In turn, section 110(a)(2)(D)(i)(I) 
requires that such a plan contain adequate provisions to prohibit 
emissions from the state that will contribute significantly to 
nonattainment of the NAAQS in any other state (``prong 1'') or 
interfere with maintenance of the NAAQS in any other state (``prong 
2''). Interstate transport prongs 1 and 2, also called the ``good 
neighbor'' provisions, are the requirements relevant to this finding.
    Pursuant to CAA section 110(k)(1)(B), the EPA must determine no 
later than 6 months after the date by which a state is required to 
submit a SIP whether a state has made a submission that meets the 
minimum completeness criteria established per section 110(k)(1)(A). The 
EPA refers to the determination that a state has not submitted a SIP 
submission that meets the minimum completeness criteria as a ``finding 
of failure to submit.'' If the EPA finds a state has failed to submit a 
SIP to meet its statutory obligation to address section 
110(a)(2)(D)(i)(I), pursuant to section 110(c)(1) the EPA has not only 
the authority, but the obligation, to promulgate a FIP within 2 years 
to address the CAA requirement. This finding therefore starts a 2-year 
clock for promulgation by the EPA of a FIP, in accordance with section 
110(c)(1), unless prior to such promulgation the state submits, and the 
EPA approves, a submittal from the state to meet the requirements of 
section 110(a)(2)(D)(i)(I) for the 2012 annual PM2.5 NAAQS. 
The EPA will work with the state subject to this finding of failure to 
submit and provide assistance as necessary to help the state develop an 
approvable submittal in a timely manner. The EPA notes this action does 
not start a mandatory sanctions clock pursuant to CAA section 179 
because this finding of failure to submit does not pertain to a part D 
plan for nonattainment areas required under section 110(a)(2)(I) or a 
SIP call pursuant section 110(k)(5).

[[Page 58746]]

B. Background on the 2012 Annual PM2.5 NAAQS

    On December 14, 2012, the EPA promulgated a revised primary annual 
PM2.5 NAAQS to provide increased protection of public health 
and welfare from fine particle pollution.\1\ In that action, the EPA 
revised the primary annual PM2.5 standard, strengthening it 
from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\, 
which is attained when the 3-year average of the annual arithmetic 
means does not exceed 12.0 [mu]g/m\3\. Infrastructure SIPs addressing 
the revised standard were due on December 14, 2015.
---------------------------------------------------------------------------

    \1\ 78 FR 3086; January 15, 2013.
---------------------------------------------------------------------------

III. Finding of Failure To Submit for Washington State

    To date, Washington State has not submitted a good neighbor SIP for 
the 2012 annual PM2.5 NAAQS. Accordingly, the EPA is issuing 
a finding that Washington State has failed to submit a SIP addressing 
the requirements of section 110(a)(2)(D)(i)(I) of the CAA, 42 U.S.C. 
7410(a)(2)(D)(i)(I) (prongs 1-2), for the 2012 annual PM2.5 
NAAQS.

IV. Environmental Justice Considerations

    This notice is making a procedural finding that Washington State 
has failed to submit a SIP to address CAA section 110(a)(2)(D)(i)(I) 
for the 2012 annual PM2.5 NAAQS. The EPA did not conduct an 
environmental analysis for this rule because this rule would not 
directly affect the air emissions from particular sources. Because this 
rule will not directly affect the air emissions from particular 
sources, it does not affect the level of protection provided to human 
health or the environment. Therefore, this action will not have 
potential disproportionately high and adverse human health or 
environmental effects on minority, low-income or indigenous 
populations.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because it is not a significant regulatory action under Executive Order 
12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the PRA, 44 U.S.C. 3501 et seq. This final rule does 
not establish any new information collection requirement apart from 
what is already required by law.

D. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
APA, 5 U.S.C. 553, or any other statute. This rule is not subject to 
notice and comment requirements because the agency has invoked the APA 
``good cause'' exemption under 5 U.S.C. 553(b).

E. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action implements mandates specifically and 
explicitly set forth in the CAA under section 110(a) without the 
exercise of any policy discretion by the EPA.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. This rule responds to the requirement in the CAA 
for states to submit SIPs under section 110(a) to address CAA section 
110(a)(2)(D)(i)(I) for the 2012 annual PM2.5 NAAQS. No tribe 
is subject to the requirement to submit an implementation plan under 
section 110(a) within 3 years of promulgation of a new or revised 
NAAQS. Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because it does not affect the level of 
protection provided to human health or the environment. The EPA's 
evaluation of environmental justice considerations is contained in 
section IV of this document.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

M. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 12, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to

[[Page 58747]]

enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Interstate transport, 
Particulate matter, Reporting and recordkeeping requirements.

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

    Dated: November 30, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-26894 Filed 12-13-17; 8:45 am]
BILLING CODE 6560-50-P