Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 1195 

opening an additional comment period. 

At a later date, the Agency may finalize 

action on these two regulations based on 

the July 18, 2017 propose rule and 

respond to the comments in the final 

action. All other North Carolina 

regulations that were the subject of the 

July 18, 2017 direct final rule are not 

affected by this removal and were 

incorporated by reference into the SIP as 

of September 18, 2017, the effective date 

of the direct final rule (82 FR 32767). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 22, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart II—North Carolina 

■ 2. In section 52.1770(c), Table 1, 

under the heading ‘‘Subchapter 2Q—Air 

Quality Permits,’’ under the heading 

‘‘Section .0800 Exclusionary Rules,’’ is 

amended by: 

■ a. Revising the entry for ‘‘Sect. .0808’’; 

and 

■ b. Removing the entry for ‘‘Sect. 

.0810’’ 

The revision reads as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED NORTH CAROLINA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Subchapter 2Q—Air Quality Permits 

*******

Section .0800 Exclusionary Rules 

*******

Sect. .0808 ............................. Peak Shaving Generators ...... 7/1/1999 10/22/2002, 67 FR 64989.

*******

[FR Doc. 2018–00028 Filed 1–9–18; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 

R9airpermits@epa.gov. 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


jstallworth on DSKBBY8HB2PROD with RULES
1196 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 

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, beckham.lisa@epa.gov. 

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-andcomment 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. 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 1197 

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] 

BILLING CODE 6560–50–P 


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