[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Rules and Regulations]
[Pages 9158-9164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02188]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 52
[EPA-HQ-OAR-2016-0646; FRL-9958-70-OAR]
Findings of Failure To Submit State Implementation Plan
Submittals for the 2008 Ozone National Ambient Air Quality Standards
(NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finding that 15
states and the District of Columbia have failed to submit State
Implementation Plan (SIP) revisions in a timely manner to satisfy
certain requirements for the 2008 ozone National Ambient Air Quality
Standards (NAAQS) that apply to nonattainment areas and/or states in
the Ozone Transport Region (OTR). As explained in this action,
consistent with the Clean Air Act (CAA) and EPA regulations, these
findings of failure to submit establish certain deadlines for the
imposition of sanctions, if a state does not submit a timely SIP
revision addressing the requirements for which the finding is being
made, and for the EPA to promulgate a Federal Implementation Plan (FIP)
to address any outstanding SIP requirements.
DATE: The effective date of this action is March 6, 2017.
FOR FURTHER INFORMATION CONTACT: General questions concerning this
notice should be addressed to Mr. Stephen Senter, Office of Air Quality
Planning and Standards, Air Quality Policy Division, Mail Code: C504-2,
109 TW Alexander Drive, Research Triangle Park, NC 27709; by telephone
(919) 541-3042; or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Notice and Comment Under the Administrative Procedure 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 procedures 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 final agency action without prior proposal and opportunity
for comment because no significant EPA judgment is involved in making a
finding of failure to submit
[[Page 9159]]
SIPs, or elements of SIPs, because the finding is required by the CAA
where states have made no submissions to meet the SIP requirements, or
where the EPA has separately determined that they made incomplete
submissions. Thus, notice and public procedures are unnecessary. The
EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).
B. How can I get copies of this document and other related information?
The EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2016-0646. All documents in the docket are listed on
http://www.regulations.gov. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or 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
through http://www.regulations.gov.
C. Where do I go if I have a specific state question?
For questions related to specific states mentioned in this notice,
please contact the appropriate EPA Regional office:
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Regional offices States
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EPA Region 1: Anne Arnold, Chief, Air Connecticut, Maine,
Quality Planning Unit, EPA Region 1, 1 Massachusetts, New Hampshire,
Congress Street, Suite 1100, Boston, Rhode Island, Vermont.
MA 02203.
EPA Region 2: Rick Ruvo, Chief, Air New Jersey.
Program Branch, EPA Region 2, 290
Broadway, New York, NY 10007.
EPA Region 3: Maria Pino, Acting Delaware, District of Columbia,
Associate Director, Office of Air Maryland, Pennsylvania,
Program Planning, EPA Region 3, 1650 Virginia.
Arch Street, Philadelphia, PA 19103.
EPA Region 5: John Mooney, Chief, Air Illinois, Indiana, Wisconsin.
Programs Branch, EPA Region 5, 77 West
Jackson Street, Chicago, IL 60604.
EPA Region 9: Doris Lo, Chief, Air California.
Planning Office, EPA Region 9, 75
Hawthorne Street, San Francisco, CA
94105.
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D. How is the preamble organized?
Table of Contents
I. General Information
A. Notice and Comment Under the Administrative Procedure Act
(APA)
B. How can I get copies of this document and other related
information?
C. Where do I go if I have specific state questions?
D. How is the preamble organized?
II. Background
III. Consequences of a Finding of Failure To Submit
IV. Findings of Failure To Submit for States That Failed To Make a
Nonattainment Area and/or Ozone Transport Region SIP Submittal
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Executive
Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act of 1995 (UMRA)
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 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 and Low-Income Populations
K. Congressional Review Act (CRA)
L. Judicial Review
II. Background
On March 27, 2008, the EPA issued its final action to revise the
NAAQS for ozone to establish new 8-hour standards.\1\ In that action,
the EPA promulgated identical revised primary and secondary ozone
standards, designed to protect public health and welfare, of 0.075
parts per million (ppm).\2\ Those standards are met when the 3-year
average of the annual fourth highest daily maximum 8-hour average ozone
concentration is less than or equal to 0.075 ppm.\3\
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\1\ 73 FR 16436.
\2\ Since the 2008 primary and secondary NAAQS for ozone are
identical, for convenience, we refer to both as ``the 2008 ozone
NAAQS'' or ``the 2008 ozone standard.''
\3\ 40 CFR 50.15.
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Promulgation of a revised NAAQS triggers a requirement for the EPA
to designate areas of the country as nonattainment, attainment, or
unclassifiable for the standards; for ozone NAAQS, this also involves
classifying any nonattainment areas at the time of designation.\4\
Ozone nonattainment areas are classified based on the severity of their
ozone levels (as determined based on the area's ``design value,'' which
represents air quality in the area for the most recent 3 years). The
possible classifications for ozone nonattainment areas are Marginal,
Moderate, Serious, Severe, and Extreme.\5\ Nonattainment areas with a
``lower'' classification have ozone levels that are closer to the
standard than areas with a ``higher'' classification.\6\
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\4\ CAA sections 107(d)(1) and 181(a)(1).
\5\ CAA section 181(a)(1).
\6\ See 40 CFR 51.1103 for the design value thresholds for each
classification for the 2008 ozone NAAQS.
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On May 21, 2012, and June 11, 2012, the EPA issued rules
designating 46 areas throughout the country as nonattainment for the
2008 ozone NAAQS, effective July 20, 2012, and establishing
classifications for the designated nonattainment areas.\7\ Areas
designated nonattainment for the ozone NAAQS are subject to the general
nonattainment area planning requirements of CAA section 172 and also to
the ozone-specific planning requirements of CAA section 182. States in
the OTR are additionally subject to the requirements outlined in CAA
section 184.
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\7\ 77 FR 30088 (May 21, 2012) and 77 FR 34221 (June 11, 2012).
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Ozone nonattainment areas in the lower classification levels have
fewer and/or less stringent mandatory air quality planning and control
requirements than those in higher classifications. For a Marginal area,
a state is required to submit a baseline emissions inventory and adopt
a SIP requiring emissions statements from stationary sources and
implementing a Nonattainment New Source Review (NNSR) program for the
relevant ozone standard.\8\ For a Moderate area, a state needs to
comply with the Marginal area requirements, plus additional
requirements, including the requirement to submit a demonstration that
the area will attain in 6 years, the requirement to
[[Page 9160]]
adopt and implement certain emissions controls, such as Reasonably
Available Control Technology (RACT), and the requirement for greater
emissions offsets for new or modified major stationary sources under
the state's NNSR program. For each higher ozone nonattainment
classification, a state needs to comply with all lower area
classification requirements, plus additional emissions controls and
more expansive NNSR offset requirements.
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\8\ CAA section 182(a).
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The CAA sets out specific requirements for states in the OTR.\9\
Upon promulgation of the 2008 ozone NAAQS, states in the OTR were
required to submit a SIP revision for RACT.\10\ This requirement is the
only recurring obligation for an OTR state upon revision of a NAAQS,
unless that state also contains some portion of a nonattainment area
for the revised NAAQS. In that case, the nonattainment requirements
described above also apply to those portions of that state.
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\9\ CAA section 184 details specific requirements for a group of
states (and the District of Columbia) that make up the OTR. States
in the OTR are required to submit RACT SIP revisions and mandate a
certain level of emissions control for the pollutants that form
ozone, even if the areas in the state meet the ozone standards.
\10\ 40 CFR 51.1116.
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On March 6, 2015, the EPA established a final implementation rule
for the 2008 ozone NAAQS (2008 Ozone SIP Requirements Rule).\11\ The
purpose of that action was to detail the requirements applicable to
ozone nonattainment areas, as well as requirements that apply in the
OTR, and provide specific deadlines for SIP submittals.
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\11\ 80 FR 12264.
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Reasonably Available Control Technology
Subpart 1 of part D of title I of the CAA includes a requirement
that the SIP for a nonattainment area must provide for the
implementation of all reasonably available control measures (otherwise
referred to as Reasonably Available Control Measures) as expeditiously
as practicable to meet a given NAAQS, including such emissions
reductions that may be obtained through implementation of RACT. Under
the provisions of Subpart 2 of part D of title I of the CAA, states
with ozone nonattainment areas classified Moderate and higher must
adopt RACT rules for all volatile organic compounds (VOC) sources
covered by existing or new Control Technique Guidelines (CTGs),\12\ and
for all other major stationary sources of VOC and nitrogen oxide
(NOX).\13\ This same requirement applies to states with
affected sources in the OTR.\14\ The RACT SIP requirements for states
with nonattainment areas and states in the OTR are codified for the
2008 ozone NAAQS in 40 CFR 51.1112 and 51.1116(b), respectively, and
require that RACT SIP revisions be submitted no later than 24 months
after the effective date of area designations for the 2008 standards
(i.e., July 20, 2014).
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\12\ CTGs provide the EPA's recommendations on how to control
emissions of VOC from a specific type of product or process (source
category) in an ozone nonattainment area. Each CTG includes
emissions limitations based on RACT. RACT emissions limitations are
the lowest emissions limitations that a particular source is capable
of meeting by the application of control technology that is
reasonably available considering technological and economic
feasibility. Air agencies responsible for ozone nonattainment areas
or areas in the OTR must evaluate the recommendations provided in
the CTG and determine if it is necessary to modify their existing
regulations or create new regulations to meet the CAA's RACT
requirements. See Web site: https://www3.epa.gov/airtoxics/ctg_act.html.
\13\ To clarify, this notice does not make any findings with
respect to SIP revisions that were required upon EPA's issuance of
specific CTGs in 2006, 2007, 2008 or other years. In issuing those
CTGs, the EPA established a separate set of SIP revision deadlines
(as required by CAA section 182(b)(2)), and these deadlines are not
associated with or triggered by the issuance of revised ozone NAAQS
in 1997 or 2008. The findings in this notice pertain only to those
SIP revisions triggered by the promulgation of a revised ozone NAAQS
in 2008.
\14\ CAA section 184(b).
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Nonattainment New Source Review
NNSR is a preconstruction review permit program that applies to new
major stationary sources or major modifications at existing sources
located in a nonattainment area.\15\ The specific NNSR requirements for
the 2008 ozone NAAQS are located in 40 CFR 51.160-165. The 2008 Ozone
SIP Requirements Rule explained that, for each nonattainment area, a
NNSR plan or plan revision was due no later than 36 months after the
effective date of area designations for the 2008 standards (i.e., July
20, 2015).\16\
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\15\ CAA sections 172(c)(5), 173 and 182.
\16\ With respect to states with nonattainment areas subject to
a finding of failure to submit NNSR SIP revisions, such revisions
would no longer be required if the area were redesignated to
attainment. The CAA's Prevention of Significant Deterioration
program requirements apply in lieu of NNSR after an area is
redesignated to attainment. For areas outside the OTR, NNSR
requirements do not apply in areas designated as attainment.
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Basic Vehicle Inspection and Maintenance
Consistent with the applicable provisions under CAA section
182(b)(4), ozone nonattainment areas with urbanized populations of
200,000 or more based upon the 1990 United States Census that are
classified as Moderate are subject to requirements to implement a basic
vehicle inspection and maintenance (I/M) program, for which a new
submittal or plan revision is due at the same time as the attainment
demonstration, which was 3 years after the effective date of
designation for a Moderate area (i.e., July 20, 2015).\17\
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\17\ 40 CFR 51.372(b)(2).
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Transportation Control Measures To Offset Growth in Emissions From
Growth in Vehicle Miles Traveled
Consistent with CAA section 182(d)(1)(A), Severe and higher ozone
nonattainment areas must submit an analysis to determine if emissions
have increased due to growth in vehicle miles traveled (VMT) or vehicle
trips. If the VMT analysis shows that a growth in emissions has
occurred, the subject area must develop and submit a new plan or a plan
revision with specific enforceable transportation control measures
(TCMs) to offset that growth in emissions. For such areas, a new
submittal or plan revision was due 2 years after the effective date of
area designation (i.e., July 20, 2014).
Clean Fuels for Boilers
For ozone nonattainment areas classified as Extreme, section
182(e)(3) of the CAA outlines requirements for new, modified, and
existing electric utility, industrial, and commercial boilers that emit
more than 25 tons per year of NOX. Such facilities must use
a low polluting fuel as its primary fuel source (e.g., natural gas,
methane, ethanol) or use advanced control technology for NOX
emissions reductions. For such areas, a new submittal or plan revision
was due 3 years after the effective date of area designation (i.e.,
July 20, 2015).
III. Consequences of a Finding of Failure To Submit
For plan requirements under subpart D, title I of the CAA, such as
those for ozone nonattainment areas and areas in the OTR, if the EPA
finds that a state has failed to make the required SIP submittal or
that a submitted SIP is incomplete, then CAA section 179(a) establishes
specific consequences, including the eventual imposition of mandatory
sanctions for the affected area. Additionally, such a finding triggers
an obligation under CAA section 110(c) for the EPA to promulgate a FIP
no later than 2 years from the finding of failure to submit a complete
SIP, if the affected state has not submitted, and the EPA has not
approved, the required SIP submittal.
If the EPA has not affirmatively determined that a state has
submitted a
[[Page 9161]]
complete SIP addressing the deficiency that is the basis for the
finding within 18 months of the effective date of this rulemaking, then
pursuant to CAA section 179(a) and (b) and 40 CFR 52.31 the offset
sanction identified in CAA section 179(b)(2) will apply in the affected
nonattainment area. If the EPA has not affirmatively determined that
the state has submitted a complete SIP addressing the deficiency that
is the basis for the finding within 6 months after the offset sanction
is imposed, then the highway funding sanction will apply in the
affected nonattainment area, in accordance with CAA section 179(b)(1)
and 40 CFR 52.31. If the state does not make the required SIP submittal
and the EPA does not take final action to approve the submittal within
2 years of the effective date of these findings, the EPA is required to
promulgate a FIP, pursuant to CAA section 179(a) and 40 CFR 52.31 for
the affected nonattainment area.
IV. Findings of Failure To Submit for States That Failed To Make a
Nonattainment Area and/or Ozone Transport Region SIP submittal
Based on a review of SIP submittals received and deemed complete as
of the date of this action, the EPA is finding that the states and
areas listed in the tables below have failed to submit specific SIP
element(s) for the 2008 ozone NAAQS required under subpart 2 of part D
of title 1 of the CAA and the 2008 Ozone SIP Requirements Rule.
Table 1--Findings of Failure To Submit Certain Required SIP Elements for 2008 Ozone NAAQS Nonattainment Areas
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Region State Area name Required SIP element
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1............................... CT Greater Connecticut................... Nonattainment NSR
rules--Marginal.
1............................... CT New York-N. New Jersey-Long Island.... Nonattainment NSR
rules--Marginal.
1............................... MA Dukes County.......................... Nonattainment NSR
rules--Marginal.
2............................... NJ New York-N. New Jersey-Long Island.... Nonattainment NSR
rules--Marginal.
2............................... NJ Philadelphia-Wilmington-Atlantic City. Nonattainment NSR
rules--Marginal.
3............................... DC Washington............................ Nonattainment NSR
rules--Marginal.
3............................... DE Philadelphia-Wilmington-Atlantic City. Nonattainment NSR
rules--Marginal.
3............................... DE Seaford............................... Nonattainment NSR
rules--Marginal.
3............................... MD Baltimore............................. I/M Basic.
3............................... MD Baltimore............................. Nonattainment NSR
rules--Moderate.
3............................... MD Baltimore............................. NOX RACT for Major
Sources.
3............................... MD Philadelphia-Wilmington-Atlantic City. Nonattainment NSR
rules--Marginal.
3............................... MD Washington............................ Nonattainment NSR
rules--Marginal.
3............................... PA Allentown-Bethlehem-Easton............ Nonattainment NSR
rules--Marginal.
3............................... PA Lancaster............................. Nonattainment NSR
rules--Marginal.
3............................... PA Philadelphia-Wilmington-Atlantic City. Nonattainment NSR
rules--Marginal.
3............................... PA Pittsburgh-Beaver Valley.............. Nonattainment NSR
rules--Marginal.
3............................... PA Reading............................... Nonattainment NSR
rules--Marginal.
3............................... VA Washington............................ Nonattainment NSR
rules--Marginal.
5............................... IL Chicago-Naperville.................... Nonattainment NSR
rules--Marginal.
5............................... IL St. Louis-St. Charles-Farmington...... Nonattainment NSR
rules--Marginal.
5............................... IN Chicago-Naperville.................... Nonattainment NSR
rules--Marginal.
5............................... IN Cincinnati............................ Nonattainment NSR
rules--Marginal.
5............................... WI Chicago-Naperville.................... Nonattainment NSR
rules--Marginal.
5............................... WI Sheboygan County...................... Nonattainment NSR
rules--Marginal.
9............................... CA Calaveras County...................... Nonattainment NSR
rules--Marginal.
9............................... CA Kern County (Eastern Kern)............ Nonattainment NSR
rules--Marginal.
9............................... CA Los Angeles-San Bernardino Counties Nonattainment NSR
(Antelope Valley & Mojave Desert air rules--Severe 15.
districts).
9............................... CA Los Angeles-San Bernardino Counties VMT--TCMs to Offset
(Antelope Valley & Mojave Desert air Growth.
districts).
9............................... CA Los Angeles-South Coast Air Basin..... Clean Fuels for
Boilers.
9............................... CA Los Angeles-South Coast Air Basin..... Nonattainment NSR
rules--Extreme.
9............................... CA Los Angeles-South Coast Air Basin..... VMT--TCMs to Offset
Growth.
9............................... CA Mariposa County....................... Nonattainment NSR
rules--Marginal.
9............................... CA Riverside County (Coachella Valley)... Nonattainment NSR
rules--Severe 15.
9............................... CA Riverside County (Coachella Valley)... VMT--TCMs to Offset
Growth.
9............................... CA Sacramento Metro (Sacramento)......... Non-CTG VOC RACT for
Major Sources.
9............................... CA Sacramento Metro (Sacramento)......... NOX RACT for Major
Sources.
9............................... CA Sacramento Metro (Sacramento)......... CTG VOC RACT (for all
44 CTGs *).
9............................... CA Sacramento Metro (Yolo Solano)........ Nonattainment NSR
rules--Severe 15.
9............................... CA Sacramento Metro (Yolo Solano)........ Non-CTG VOC RACT for
Major Sources.
9............................... CA Sacramento Metro (Yolo Solano)........ NOX RACT for Major
Sources.
9............................... CA Sacramento Metro (Yolo Solano)........ CTG VOC RACT (for all
44 CTGs *).
9............................... CA Sacramento Metro...................... VMT--TCMs to Offset
Growth.
9............................... CA San Joaquin Valley.................... Nonattainment NSR
rules--Extreme.
[[Page 9162]]
9............................... CA Ventura County........................ Nonattainment NSR
rules--Serious.
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* A listing in the chart for ``all 44 CTGs'' or particular CTG does not mean that the state or area has failed
to meet a plan submission requirement triggered by the issuance of any particular CTG. The findings in this
notice pertain only to those SIP revisions triggered by the promulgation of a revised ozone NAAQS in 2008. In
other words, consistent with CAA sections 182(b)(2) and 184(b)(1)(B), and 40 CFR 51.1112 and 51.1116,
inclusion in this table means that the state or area listed has failed to submit to the EPA a RACT submittal
per the 2008 ozone NAAQS to address the sources covered by a CTG. The 44 VOC RACT CTGs that are relevant for
purposes of the 2008 ozone NAAQS are for the following source categories: Aerospace; Auto and Light-Duty Truck
Assembly Coatings (2008); Bulk Gasoline Plants; Equipment Leaks from Natural Gas/Gasoline Processing Plants;
Factory Surface Coating of Flat Wood Paneling; Fiberglass Boat Manufacturing Materials (2008); Flat Wood
Paneling Coatings (2006); Flexible Packaging Printing Materials (2006); Fugitive Emissions from Synthetic
Organic Chemical Polymer and Resin Manufacturing Equipment; Graphic Arts--Rotogravure and Flexography;
Industrial Cleaning Solvents (2006); Large Appliance Coatings (2007); Large Petroleum Dry Cleaners; Leaks from
Gasoline Tank Trucks and Vapor Collection Systems; Leaks from Petroleum Refinery Equipment; Lithographic
Printing Materials and Letterpress Printing Materials (2006); Manufacture of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins; Manufacture of Pneumatic Rubber Tires; Manufacture of Synthesized
Pharmaceutical Products; Metal Furniture Coatings (2007); Miscellaneous Industrial Adhesives (2008);
Miscellaneous Metal Products Coatings (2008); Paper, Film, and Foil Coatings (2007); Petroleum Liquid Storage
in External Floating Roof Tanks; Plastic Parts Coatings (2008); Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds; Shipbuilding/repair; SOCMI Air Oxidation Processes; SOCMI
Distillation and Reactor Processes; Solvent Metal Cleaning; Stage I Vapor Control Systems--Gasoline Service
Stations; Storage of Petroleum Liquids in Fixed Roof Tanks; Surface Coating for Insulation of Magnet Wire;
Surface Coating of Automobiles and Light-Duty Trucks; Surface Coating of Cans; Coating of Coils; Surface
Coating of Fabrics; Surface Coating of Large Appliances; Surface Coating of Metal Furniture; Surface Coating
of Miscellaneous Metal Parts and Products; Coating of Paper; Tank Truck Gasoline Loading Terminals; Use of
Cutback Asphalt; Wood Furniture.
Table 2--Findings of Failure To Submit Certain Required SIP Elements for
States in the Ozone Transport Region
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EPA region State Required SIP element
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1............................... MA Non-CTG VOC RACT for
Major Sources.
1............................... MA NOX RACT for Major
Sources.
1............................... MA CTG VOC RACT (for all
44 CTGs *).
1............................... ME Non-CTG VOC RACT for
Major Sources.
1............................... ME CTG VOC RACT (for all
44 CTGs *).
1............................... NH Non-CTG VOC RACT for
Major Sources.
1............................... NH NOX RACT for Major
Sources.
1............................... NH CTG VOC RACT (for all
44 CTGs *).
1............................... RI Non-CTG VOC RACT for
Major Sources.
1............................... RI NOX RACT for Major
Sources.
1............................... RI CTG VOC RACT (for all
44 CTGs *).
1............................... VT Non-CTG VOC RACT for
Major Sources.
1............................... VT NOX RACT for Major
Sources.
1............................... VT CTG VOC RACT (for all
44 CTGs *).
2............................... NJ CTG VOC RACT Fiberglass
Boat Manufacturing
Materials (2008).
2............................... NJ CTG VOC RACT
Miscellaneous Metal
Products Coatings
(2008).
2............................... NJ CTG VOC RACT Paper,
Film, and Foil
Coatings (2007).
2............................... NJ CTG VOC RACT Plastic
Parts Coatings (2008).
2............................... NJ CTG VOC RACT Industrial
Cleaning Solvents
(2006).
3............................... DC NOX RACT for Major
Sources.
3............................... DC CTG VOC RACT (for all
44 CTGs *).
3............................... DC Non-CTG VOC RACT for
Major Sources.
3............................... MD NOX RACT for Major
Sources.
3............................... PA CTG VOC RACT (for all
44 CTGs *).
3............................... VA Non-CTG VOC RACT for
Major Sources.
3............................... VA NOX RACT for Major
Sources.
3............................... VA CTG VOC RACT (for all
44 CTGs *).
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* See the explanation after Table 1.
V. Environmental Justice Considerations
The EPA believes that the human health or environmental risks
addressed by this action will not have disproportionately high or
adverse human health or environmental effects on minority, low-income,
or indigenous populations because it does not directly affect the level
of protection provided to human health or environment under the ozone
NAAQS. The purpose of this rule is to make findings that states named
have failed to provide the identified SIP submissions to the EPA that
are required per the CAA for purposes of implementing the 2008 ozone
NAAQS. As such, this action does not directly affect the level of
protection provided for human health or the environment. Moreover, it
is intended that the actions and deadlines resulting from this notice
will in fact lead to greater protection for U.S. citizens, including
minority, low-income, or indigenous populations, by ensuring that
states meet their statutory obligation to develop and submit SIPs to
ensure that areas make progress toward attaining the 2008 ozone NAAQS.
[[Page 9163]]
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning 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. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the PRA. This final rule does not establish any new
information collection requirement apart from what is already required
by law. This rule relates to the requirement in the CAA for states to
submit SIPs under sections 172, 182, and 184 which address the
statutory requirements that apply to areas designated as nonattainment
for the ozone NAAQS and to states within the Ozone Transport Region,
respectively.
C. Regulatory Flexibility Act (RFA)
I certify that this rule 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.
The rule is a finding that the named states have not submitted the
necessary SIP revisions.
D. 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 imposes no enforceable duty on any state,
local or tribal governments or the private sector.
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.
F. 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 finds that several states have failed
to submit SIP revisions that satisfy the nonattainment area planning
requirements under sections 172 and 182 of the CAA, and the OTR
requirements under section 184 of the CAA for the 2008 ozone NAAQS. No
tribe is subject to the requirement to submit an implementation plan
under section 172 or under subpart 5 of part D of Title I of the CAA.
Thus, Executive Order 13175 does not apply to this action.
G. 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 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 is a finding that several states have failed to submit SIP
revisions that satisfy the nonattainment area planning requirements
under sections 172 and 182 of the CAA, and the OTR requirements under
Section 184 for the 2008 ozone NAAQS and does not directly or
disproportionately affect children.
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.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. 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. In finding that several states have failed
to submit SIP revisions that satisfy the nonattainment area planning
requirements under sections 172 and 182 of the CAA, and the OTR
requirements under section 184 of the CAA for the 2008 ozone NAAQS,
this action does not directly affect the level of protection provided
to human health or the environment. The results of this evaluation are
contained in Section V of this preamble titled ``Environmental Justice
Considerations.''
K. 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).
L. Judicial Review
Section 307(b)(l) of the CAA indicates which Federal Courts of
Appeal have venue for petitions of review of final agency actions by
the EPA under the CAA. This section provides, in part, that petitions
for review must be filed in the United States Court of Appeals for the
District of Columbia Circuit (i) when the agency action consists of
``nationally applicable regulations promulgated, or final actions
taken, by the Administrator,'' or (ii) when such action is locally or
regionally applicable, if ``such action is based on a determination of
nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such a
determination.''
The EPA has determined that this final rule consisting of findings
of failure to submit certain of the required SIP revisions is
``nationally applicable'' within the meaning of section 307(b)(1). This
final agency action affects 15 states with nonattainment areas and/or
in the OTR, located in five of the 10 EPA Regional offices, and in 6
different federal circuits.
In addition, the EPA has determined that this rule has nationwide
scope or effect because it addresses a common core of knowledge and
analysis involved in formulating the decision and a common
interpretation of the requirements of 40 CFR 51 appendix V applied to
determining the completeness of SIPs in states across the country. This
determination is appropriate because, in the 1977 CAA Amendments that
revised CAA section 307(b)(l), Congress noted that the Administrator's
determination that an action is of ``nationwide scope or effect'' would
be appropriate for any action that has ``scope or effect beyond a
single judicial circuit.'' H.R. Rep. No. 95-294 at 323-324, reprinted
in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect of this action
extends to the 6 judicial circuits that include the states across the
country affected by this action. In these circumstances, section
307(b)(1) and its legislative history authorize the Administrator to
find the rule to be of ``nationwide scope or effect'' and, thus, to
indicate that venue for challenges lies in the District of Columbia
Circuit. Accordingly, the EPA
[[Page 9164]]
is determining that this rule is of nationwide scope or effect.
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 District of Columbia Circuit within 60 days from the date this
final action is published in the Federal Register. Filing a petition
for review by the Administrator of this final action does not affect
the finality of the action for the purposes of judicial review, nor
does it extend the time within which a petition for judicial review
must be filed, and shall not postpone the effectiveness of such rule or
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Approval and promulgation of
implementation plans, Administrative practice and procedures, Air
pollution control, Incorporation by reference, Intergovernmental
relations, and Reporting and recordkeeping requirements.
Dated: January 13, 2017.
Gina McCarthy,
Administrator.
[FR Doc. 2017-02188 Filed 2-2-17; 8:45 am]
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