44736 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 

1 73 FR 16436. 

2Since 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. 

4CAA sections 107(d)(1) and 181(a)(1). 

5CAA section 181(a)(1). 

6See 40 CFR 51.1103 for the design value 

thresholds for each classification for the 2008 ozone 

NAAQS. 

EPA—APPROVED MINNESOTA REGULATIONS—Continued 

Minnesota citation Title/subject State effective 

date EPA approval date Comments 

*******

7007.3000 ................. Prevention of Significant Deterioration of Air Quality.11/26/2007 9/26/2017 [insert Federal Register citation].

*******

* * * * * 

■ 3. Section 52.1234 is revised to read 

as follows: 

§ 52.1234 Significant deterioration of air 

quality. 

(a) The requirements of sections 160 

through 165 of the Clean Air Act are 

met, except for sources seeking permits 

to locate in Indian country within the 

State of Minnesota. 

(b) Regulations for the prevention of 

the significant deterioration of air 

quality. The provisions of § 52.21 except 

paragraph (a)(1) are hereby incorporated 

and made a part of the applicable State 

plan for the State of Minnesota for 

sources wishing to locate in Indian 

country; and sources constructed under 

permits issued by EPA. 

[FR Doc. 2017–20443 Filed 9–25–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0426; FRL–9966–86- 

Region 9] 

Finding of Failure To Submit State 

Implementation Plans Required for the 

2008 8-Hour Ozone NAAQS; California; 

Sacramento Metro 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 

finding that the state of California has 

failed to submit State Implementation 

Plans (SIPs) to satisfy certain 

requirements of the Clean Air Act (CAA) 

for the 2008 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS or ‘‘standards’’). Under the 

CAA and EPA’s implementing 

regulations, states with nonattainment 

areas classified as Moderate, Serious, 

Severe or Extreme were required to 

submit by July 20, 2016, SIPs 

demonstrating reasonable further 

progress (RFP) and attainment of the 

2008 8-hour ozone standard as 

expeditiously as practicable but no later 

than the applicable dates established in 

the implementing regulations. States 

were also required to submit 

contingency plans to be triggered if 

attainment or RFP milestones were not 

met. The EPA is by this action making 

a finding of failure to submit attainment 

demonstration, attainment 

demonstration contingency, RFP, and 

RFP contingency SIPs for the 

Sacramento Metro nonattainment area. 

If the EPA has not affirmatively found 

that the state has submitted the required 

plans within 18 months, the offset 

sanction applies in the area. If within 6 

additional months the EPA has still not 

affirmatively determined that the state 

has submitted the required plan, the 

highway funding sanction applies in the 

area. No later than 2 years after the EPA 

makes the finding, if the state has not 

submitted, and EPA has not approved, 

the required SIP, the EPA must 

promulgate a Federal Implementation 

Plan. 

DATES: This action will be effective on 

October 26, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Laura Lawrence, EPA Region IX, (415) 

972–3407, lawrence.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

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 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 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 

SIPs, or elements of SIPs, required by 

the CAA, where states have made no 

submission or incomplete submissions, 

to meet the requirement. Thus, notice 

and public procedures are unnecessary. 

The EPA finds that this constitutes good 

cause under 5 U.S.C. 553(b)(3)(B). 

I. Background and Overview 

A. Statutory Requirements 

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

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 the 

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 three 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

On May 21, 2012 and June 11, 2012, 

the EPA issued rules designating areas 

throughout the country as 

nonattainment, attainment, or 

unclassifiable for the 2008 ozone 

NAAQS, effective July 20, 2012, and 

establishing classifications for the 


Pmangrum on DSK3GDR082PROD with RULES
Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 44737 

7 77 FR 30088 (May 21, 2012) and 77 FR 34221 

(June 11, 2012). 

8The Sacramento Metro area consists of 

Sacramento and Yolo counties and portions of El 

Dorado, Placer, Solano and Sutter counties. For a 

precise description of the geographic boundaries of 

the Sacramento Metro area, see 40 CFR 81.305. 

Sacramento County is under the jurisdiction of the 

Sacramento Metropolitan Air Quality Management 

District. Yolo County and the eastern portion of 

Solano County comprise the Yolo-Solano AQMD. 

Sutter County is part of the Feather River AQMD. 

The Placer County Air Pollution Control District 

and the El Dorado County AQMD have jurisdiction 

over their respective counties. 

9CAA section 182(a). 

10CAA sections 172(c)(9), 182(c)(2)(A) and (B), 

and 182(c)(9). 

11 80 FR 12264. 12 40 CFR 51.1108(b) and 40 CFR 51.1110. 

designated nonattainment areas.7 The 

Sacramento Metro 8 area was designated 

nonattainment with a classification of 

Severe. 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. 

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 

emission inventory, a rule requiring 

emissions statements from stationary 

sources, and a Nonattainment New 

Source Review (NNSR) program for the 

relevant ozone standard.9 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. For areas classified 

Serious and above, a state needs to 

comply with the Marginal and Moderate 

area requirements, plus additional 

submittal requirements, including: A 

demonstration (based on photochemical 

modeling) showing the area will attain 

by the applicable attainment date; a 

demonstration that the area will reduce 

emissions by certain prescribed 

percentages averaged over each 

consecutive 3-year period until the 

attainment date; and contingency plans 

that are triggered in the event that the 

attainment date or an RFP milestone is 

not met.10

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 and provide 

specific deadlines for SIP submittals. 

For areas classified Serious and above, 

the required submission of SIP revisions 

providing for an attainment 

demonstration, RFP demonstrations, 

and attainment and RFP contingency 

measures was due 4 years after the 

effective date of area designation (i.e., 

July 20, 2016).12

B. Consequences of Findings of Failure 

To Submit 

For plan requirements under subpart 

D, title I of the CAA, such as those for 

ozone nonattainment areas, 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 

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. 

II. Final Action 

We have yet to receive the required 

ozone SIP revision submittal from 

California for the Sacramento Metro 

area, and the submittal is more than sixmonths past due. The EPA is finding 

that California has failed to submit a SIP 

revision providing for an attainment 

demonstration, RFP demonstrations, 

and contingency measures (for 

attainment or RFP) for the 2008 ozone 

NAAQS for the Sacramento Metro area 

as required under subparts 1 and 2 of 

part D of title 1 of the CAA and the 2008 

Ozone SIP Requirements Rule. The 

consequences of this finding is 

discussed above in section I.B. of this 

document. 

III. 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 and 182 which address the statutory 

requirements that apply to areas 

designated as nonattainment for the 

ozone NAAQS. 

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 

California has 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 

California has failed to submit SIP 

revisions that satisfy certain 


Pmangrum on DSK3GDR082PROD with RULES
44738 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 

nonattainment area planning 

requirements under sections 172 and 

182 of the CAA for the 2008 ozone 

NAAQS for the Sacramento Metro area. 

No tribe is subject to the requirement to 

submit an implementation plan under 

section 172 or under subpart 2 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 California 

has failed to submit certain SIP 

revisions that satisfy the nonattainment 

area planning requirements under 

sections 172 and 182 of the CAA for the 

2008 ozone NAAQS for the Sacramento 

Metro area 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 California 

has failed to submit SIP revisions that 

satisfy certain nonattainment area 

planning requirements under sections 

172 and 182 of the CAA for the 2008 

ozone NAAQS for the Sacramento Metro 

area, this action does not directly affect 

the level of protection provided to 

human health or the environment. 

J. Congressional Review Act (CRA) 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

L. Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 27, 

2017. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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 

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, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: August 14, 2017. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–20445 Filed 9–25–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R08–OAR–2017–0171; FRL–9968–11– 

Region 8] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants: Colorado, Montana, North 

Dakota, South Dakota, Utah, and 

Wyoming; Negative Declarations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve 20 negative declarations for 

four designated facility classes in all 

Region 8 states. First, the EPA is 

approving negative declarations from 

Colorado, Montana, North Dakota, 

South Dakota and Wyoming for existing 

small municipal waste combustor 

(MWC) units. Second, the EPA is 

approving negative declarations from 

Colorado, Montana, North Dakota, 

South Dakota, Utah and Wyoming for 

existing large MWC units. Third, the 

EPA is approving negative declarations 

from Montana, South Dakota, Utah and 

Wyoming for existing commercial and 

industrial solid waste incineration 

(CISWI) units. Fourth, the EPA is 

approving negative declarations from 

Montana, North Dakota, South Dakota, 

Utah and Wyoming for existing other 

solid waste incineration (OSWI) units. 

Each of the negative declaration letters 

approved in this final rulemaking action 

is a certified statement from the issuing 

state that there are no existing 

designated facilities of the source 

category specified in the negative 

declaration, within the jurisdiction of 

that state, which would require the 

development of a Clean Air Act (CAA) 

section 111(d)/129 state plan. These 

approved negative declarations will 

serve in lieu of a state plan unless a 

previously unknown facility falling 

under these particular emissions 

guidelines is identified and 

development of a state plan becomes 

necessary. 

DATES: This rule is effective October 26, 

2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2017–0171. All 

documents in the docket are listed on 

the https://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other 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. 

Publicly available docket materials are 

available through Regulations.gov, or 

please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section for additional availability 

information. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Lohrke, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6396, 

lohrke.gregory@epa.gov. 


Pmangrum on DSK3GDR082PROD with RULES