43208 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 CAA; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable 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 proposed 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organization compounds. 

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

Dated: August 31, 2017. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2017–19574 Filed 9–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2017–0339; FRL–9967–65– 

Region 8] 

Montana Second 10-Year Carbon 

Monoxide Maintenance Plan for 

Missoula 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted to the EPA by the 

State of Montana. On September 19, 

2016, the Governor of Montana’s 

designee submitted a Clean Air Act 

(CAA) section 175A(b) second 10-year 

limited maintenance plan for the 

Missoula area for the carbon monoxide 

(CO) National Ambient Air Quality 

Standard (NAAQS). This limited 

maintenance plan addresses 

maintenance of the CO NAAQS for a 

second 10-year period beyond the 

original redesignation. This action is 

being taken under sections 110 and 

175A of the CAA. 

DATES: Comments must be received on 

or before October 16, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2017–0339 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. 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). 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Air Program, 

Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. The EPA 

requests that you contact the individual 

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 additional 

submission methods, 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/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air Program, EPA, Region 

8, Mailcode 8P–AR, 1595 Wynkoop, 

Denver, Colorado 80202–1129, (303) 

312–7104, clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of 

today’s Federal Register, the EPA is 

approving Montana’s SIP revision as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial SIP revision and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the preamble to the direct final 

rule. If the EPA receives no adverse 

comments, the EPA will not take further 

action on this proposed rule. If the EPA 

receives adverse comments, the EPA 

will withdraw the direct final rule and 

it will not take effect. The EPA will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

additional information, see the direct 

final action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this issue of the Federal 

Register. 

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


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 43209 

1The EPA has defined RACT as the lowest 

emission limitation that a particular source is 

capable of meeting by the application of control 

technology that is reasonably available considering 

technological and economic feasibility (44 FR 

53762, September 17, 1979). 

2Center for Biological Diversity v. Gina McCarthy, 

Case No. 4:16–cv–04092–PJH (N.D.Ca.), Revised 

Consent Decree dated 1/19/17. 

Dated: August 31, 2017. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2017–19462 Filed 9–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2017–0459, FRL–9967–76– 

Region 2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Reasonably Available Control 

Technology for the 2008 8-Hour Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to 

conditionally approve a State 

Implementation Plan (SIP) submitted by 

the State of New York for purposes of 

implementing Reasonably Available 

Control Technology (RACT) for the 2008 

8-hour ozone National Ambient Air 

Quality Standard (NAAQS). This 

proposed approval is conditioned on 

New York’s timely submittal of a 

supplement to the SIP that includes a 

revised regulatory RACT requirement 

related to control of volatile organic 

compounds from Industrial Cleaning 

Solvents. The EPA is proposing to 

approve New York’s RACT SIP as it 

applies to non-control technique 

guideline major sources and major 

sources of oxides of nitrogen. The EPA 

is also proposing to approve the State of 

New York’s non-attainment new source 

review certification as sufficient for 

purposes of satisfying the 2008 8-hour 

ozone NAAQS. This action is being 

taken in accordance with the 

requirements of the Clean Air Act. 

DATES: Written comments must be 

received on or before October 16, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2017–0459 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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, 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: 

Anthony (Ted) Gardella, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3892, or by email at 

Gardella.Anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

The SUPPLEMENTARY INFORMATION

section is arranged as follows: 

Table of Contents 

I. What action is the EPA proposing? 

II. What is the background for this proposed 

rulemaking? 

III. What did New York submit? 

IV. What is the EPA’s evaluation of New 

York’s SIP submittal? 

V. How could New York get full approval for 

this SIP revision? 

VI. Statutory and Executive Order Reviews 

I. What action is the EPA proposing? 

The EPA is proposing to conditionally 

approve a State Implementation Plan 

(SIP) submitted by the State of New 

York on December 22, 2014 for purposes 

of implementing Reasonably Available 

Control Technology (RACT) 1 for the 

2008 8-hour ozone National Ambient 

Air Quality Standard (NAAQS or 

standard). The State’s December 2014 

SIP revision consists of a demonstration 

that New York meets the RACT 

requirements for the two precursors for 

ground-level ozone, i.e., oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOCs), set forth by the 

Clean Air Act (CAA or Act) with respect 

to the 2008 ozone standard. 

However, in New York’s December 

2014 SIP submittal, the State indicates 

that the RACT requirements for the 2008 

ozone NAAQS have been fulfilled with 

the exception of sources subject to the 

industrial cleaning solvents control 

techniques guidelines (CTG). In the 

State’s submittal, New York committed 

to address sources subject to this CTG 

through a timely revision to Part 226 

entitled, ‘‘Solvent Metal Cleaning 

Processes’’ of Title 6 of the New York 

Codes, Rules and Regulations (6 NYCRR 

Part 226). Therefore, consistent with 

Section 110(k)(4) of the Clean Air Act, 

the EPA is conditioning its approval of 

New York’s December 2014 SIP 

submittal on New York’s commitment to 

submit, by a date certain but not later 

than one year after the date of the EPA’s 

conditional approval of New York’s 

December 2014 SIP submittal, a revised 

Part 226 addressing VOC emissions 

from industrial cleaning solvents. The 

State’s commitment must be submitted 

to EPA, as a supplement to the SIP, and 

include a date certain by which the 

State will submit Part 226, and the date 

certain must be no later than one year 

from the effective date of the EPA’s final 

rule making action on New York’s 

December 2014 SIP submittal. New York 

must commit in writing to correct the 

deficiency discussed above. 

The EPA is proposing to approve New 

York’s RACT SIP as it applies to nonCTG major sources of VOCs and to 

major sources of NOX. The EPA is also 

proposing to approve New York’s 

certification that nonattainment new 

source review (NNSR) applies statewide 

for NOX and VOC emissions from 

stationary sources. 

It should be noted that a court ordered 

consent decree 2 requires that the EPA 

shall sign a notice of final rulemaking 

on New York’s December 2014 RACT 

SIP no later than November 30, 2017. 

II. What is the background for this 

proposed rulemaking? 

In 2008, EPA revised the health based 

NAAQS for ozone, setting it at 0.075 

parts per million (ppm) averaged over 

an 8-hour time frame. The EPA 

determined that the revised 8-hour 

standard would be more protective of 

human health, especially with regard to 

children and adults who are active 

outdoors and individuals with a preexisting respiratory disease such as 

asthma. 

On May 21, 2012 (77 FR 30087), the 

EPA finalized its attainment/ 

nonattainment designations for areas 

across the country with respect to the 

2008 8-hour ozone standard. This action 

became effective on July 20, 2012. The 

two 8-hour ozone marginal 

nonattainment areas located in New 

York State are the New York-Northern 

New Jersey-Long Island (NY-NJ-CT) 

nonattainment area and the Jamestown 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS