[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1195-1197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00030]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0255; FRL-9972-78-Region 9]


Determination To Defer Sanctions; Arizona Department of 
Environmental Quality; PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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SUMMARY: The Environmental Protection Agency (EPA) is making an interim 
final determination that the State of Arizona has corrected a 
deficiency in its Clean Air Act (CAA or Act) state implementation plan 
(SIP) provisions concerning air permitting. Specifically, based on a 
proposed conditional approval published elsewhere in this Federal 
Register, and based on a prior proposed approval, previously published 
in the Federal Register, EPA is making an interim final determination 
that the State of Arizona (State) has satisfied the requirements of 
part D of the CAA permitting program for areas under the jurisdiction 
of the Arizona Department of Environmental Quality (ADEQ) with respect 
to fine particular matter (PM2.5) precursors. The effect of 
this interim final determination that the State has corrected the 
deficiency in the permitting program is that the imposition of 
sanctions that were triggered by a previous limited disapproval action 
by EPA in 2016 is now deferred. If the State meets its commitment that 
is the basis for the conditional approval, relief from these sanctions 
will become permanent upon the EPA's full approval of the State 
submission. If the EPA determines that the State has not met its 
commitment and the conditional approval is converted to a disapproval, 
these sanctions will no longer be deferred.

DATES: This interim final determination is effective on January 10, 
2018. However, comments will be accepted until February 9, 2018.

ADDRESSES: Submit comments, identified by Docket ID No. EPA-R09-OAR-
2017-0255, at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be removed or edited from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR

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FURTHER INFORMATION CONTACT section. For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9, (415) 972-
3811, [email protected].

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

Table of Contents

I. Background
II. EPA Action
III. Statutory and Executive Order Reviews

I. Background

    On June 22, 2016 (81 FR 40525), the EPA finalized a limited 
disapproval of ADEQ's nonattainment New Source Review (NA-NSR) program 
because it did not fully address fine PM2.5 precursors as 
required by section 189(e) of the Act (referred to hereinafter as ``our 
2016 PM2.5 precursor action''). Our 2016 PM2.5 
precursor action was a final limited disapproval action under title I, 
part D of the Act, relating to requirements for PM2.5 
precursors in nonattainment areas. Pursuant to section 179 of the CAA 
and our regulations at 40 CFR 52.31, this action under title I, part D 
started a sanctions clock for imposition of offset sanctions 18 months 
after the action's effective date of July 22, 2016, and highway 
sanctions 6 months following imposition of the offset sanctions.
    On March 21, 2017, ADEQ revised its New Source Review (NSR) 
permitting program rules and on April 28, 2017, ADEQ submitted revised 
NSR permitting rules to the EPA for approval into the Arizona SIP 
(April 2017 NSR submittal), including rules intended to address the 
limited disapproval issue under title I, part D that we identified in 
our 2016 PM2.5 precursor action. On June 1, 2017, we 
proposed approval of the April 2017 NSR submittal, based in part on a 
finding that the submittal addressed most of the deficiencies with 
ADEQ's NA-NSR program identified in our 2016 PM2.5 precursor 
action. See 82 FR 25213, 25219 (June 1, 2017); May 2017 Technical 
Support Document (TSD) supporting our June 1, 2017 proposed rule action 
at 21-22.
    To address the remaining deficiency identified by the EPA in our 
2016 PM2.5 precursor action, which pertains to a particular 
requirement regarding the regulation of ammonia as a PM2.5 
precursor, in a letter dated December 6, 2017, ADEQ committed to adopt 
revisions to provisions in ADEQ Rule R18-2-101 and/or make other 
specific demonstrations to satisfy the requirements of CAA section 
189(e) and related EPA regulations governing ammonia as a precursor to 
PM2.5 under the NA-NSR program. The State committed to make 
such submissions and demonstrations no later than March 31, 2019, or 
within one year from the date on which the EPA takes final action on 
the April 2017 NSR submittal, whichever is earlier. See Letter from 
Timothy S. Franquist, Director, Air Quality Division, ADEQ to Alexis 
Strauss, Acting Regional Administrator, EPA Region 9, dated Dec. 6, 
2017. In the Proposed Rules section of this Federal Register, we have 
proposed conditional approval of ADEQ's April 2017 NSR submittal with 
respect to the remaining deficiency identified in our 2016 
PM2.5 precursor action concerning ammonia as a 
PM2.5 precursor under section 189(e) of the Act.

II. EPA Action

    Based on the proposed conditional approval action and our June 1, 
2017 proposed approval action, pursuant to 40 CFR 52.31(d)(2), we are 
issuing this interim final determination, effective on publication, 
determining that ADEQ's revised plan corrects the deficiencies that 
triggered the sanctions clock. The effect of this action is to defer 
imposition of the offset sanctions and highway sanctions that were 
triggered by our 2016 limited disapproval of ADEQ's NA-NSR permitting 
program with respect to PM2.5 precursors.
    The EPA is providing the public with an opportunity to comment on 
this interim final determination that the deficiency has been corrected 
and the resultant deferral of sanctions. If comments are submitted that 
change our assessment described in this interim final determination 
and/or the proposed conditional approval of ADEQ's April 2017 NSR 
submittal with respect to the title I, part D deficiencies identified 
in our 2016 PM2.5 precursor action, we would take final 
action to lift this deferral of sanctions under 40 CFR 52.31. If no 
comments are submitted that change our assessment, then all sanctions 
and any sanction clocks triggered by our 2016 PM2.5 
precursor action would be deferred unless and until (1) the EPA 
proposes or takes final action to disapprove the April 2017 NSR 
submittal with respect to the deficiencies identified in our 2016 
PM2.5 precursor action, (2) the conditional approval 
converts to a disapproval, or (3) the EPA determines through a finding 
of failure to submit or through a proposed or final action disapproving 
in whole or in part the SIP submittal that ADEQ is required to submit 
to fulfill its commitment in the conditionally approved plan in 
accordance with ADEQ's December 6, 2017 letter. Sanctions and sanctions 
clocks triggered by our 2016 PM2.5 precursor action would be 
permanently terminated on the effective date of a final approval of the 
SIP submittal that ADEQ submits to fulfill the commitment in the 
conditionally approved plan.
    Because the EPA has preliminarily determined that ADEQ's April 2017 
NSR submittal and December 6, 2017 commitment letter address the 
deficiencies under part D of title I of the CAA for PM2.5 
precursors identified in our 2016 PM2.5 precursor action, 
relief from sanctions should be provided as quickly as possible. 
Therefore, the EPA is invoking the good cause exception under the 
Administrative Procedure Act (APA) in not providing an opportunity for 
comment before this action takes effect (5 U.S.C. 553(b)(3)). However, 
by this action, the EPA is providing the public with a chance to 
comment on the EPA's determination after the effective date, and the 
EPA will consider any comments received in determining whether to 
reverse such action.
    The EPA believes that notice-and-comment rulemaking before the 
effective date of this action is impracticable and contrary to the 
public interest. The EPA has reviewed the State's submittal and, 
through our proposed actions, is indicating that it is more likely than 
not that the State has submitted a revision to the SIP that corrects 
deficiencies under part D of the Act that were the basis for the action 
that started the sanctions clocks. Therefore, it is not in the public 
interest to impose sanctions. Moreover, with respect to the effective 
date of this action, the EPA is invoking the good cause exception to 
the 30-day notice requirement of the APA because the purpose of this 
notice is to relieve a restriction (5 U.S.C. 553(d)(1)).

III. Statutory and Executive Order Reviews

    This action defers sanctions and imposes no additional 
requirements.

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

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

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

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

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action defers sanctions and imposes no new requirements.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
defers sanctions and imposes no new requirements.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

F. Executive Order 13132: Federalism

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

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

    This action does not have tribal implications as specified in 
Executive Order 13175. This action defers sanctions and imposes no new 
requirements. In addition, this action does not apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. Thus, Executive Order 
13175 does not apply to this action.

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

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

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

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

J. National Technology Transfer and Advancement Act

    This action does not involve technical standards.

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

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This action defers sanctions 
in accordance with CAA regulatory provisions and imposes no additional 
requirements.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and comment rulemaking procedures are 
impracticable, unnecessary or contrary to the public interest (5 U.S.C. 
808(2)). The EPA has made a good cause finding for this action as 
discussed in section II of this preamble, including the basis for that 
finding.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 12, 2018. Filing a petition for 
reconsideration by the EPA Administrator of this interim final 
determination does not affect the finality of this action for the 
purpose of judicial review nor does it extend the time within which 
petition for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements (see CAA section 
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

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

    Dated: December 20, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-00030 Filed 1-9-18; 8:45 am]
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