Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 46917 

1California submitted the 2017 RACT 

Supplement to address deficiencies identified in 

both the EPA’s April 14, 2016 partial disapproval 

of the 2012 PM2.5 Plan and the EPA’s separate 

proposal to partially disapprove the District’s ‘‘2016 

AQMP Reasonably Available Control Technology 

(RACT) Demonstration,’’ which California had 

submitted to address RACT requirements under 

CAA section 182(b) and (f) and 40 CFR 51.1112 for 

the 2008 ozone NAAQS in the South Coast and 

Coachella Valley nonattainment areas (see 82 FR 

27451, June 15, 2017). 

2California adopted the 2017 RACT Supplement 

on July 7, 2017, and submitted it to the EPA on July 

27, 2017. 

Rule No. Rule title State effective 

date Final rule citation, date Comments 

* * * * * * * 

R307–202. Emission Standards: General Burning 

R307–202 .................. Emission Standards: General Burning ......... 10/6/2014 Insert Federal Register 

citation], 10/10, 2017.

* * * * * * * 

* * * * * 

[FR Doc. 2017–21612 Filed 10–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0204; FRL–9969–03– 

Region 9] 

Interim Final Determination To Defer 

Sanctions; California; Los AngelesSouth Coast Air Basin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an interim final 

determination to defer the imposition of 

offset and highway sanctions in the Los 

Angeles-South Coast air basin (‘‘South 

Coast’’) based on a proposed approval of 

revisions to the South Coast portion of 

the California State Implementation 

Plan (SIP) published elsewhere in this 

Federal Register. The revisions concern 

Clean Air Act (CAA) reasonably 

available control measures/reasonably 

available control technology (RACM/ 

RACT) and reasonable further progress 

(RFP) requirements for the 2006 24-hour 

fine particulate matter (PM2.5) national 

ambient air quality standards (NAAQS) 

in the South Coast. 

DATES: This interim final determination 

is effective on October 10, 2017. 

However, comments will be accepted 

until November 9, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2015–0204 at http://

www.regulations.gov, or via email to 

Wienke Tax, Air Planning Office, at 

tax.wienke@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

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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Air Planning Office (AIR– 

2), U.S. Environmental Protection 

Agency, Region IX, (415) 947–4192, 

tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

I. Background 

On April 14, 2016 (80 FR 22025), we 

published a final action to partially 

approve and partially disapprove SIP 

revisions submitted by California to 

address CAA Moderate area attainment 

plan requirements for the 2006 24-hour 

PM2.5 NAAQS in the South Coast 

nonattainment area (‘‘2012 PM2.5 Plan’’). 

As part of that action, we disapproved 

two elements of the 2012 PM2.5 Plan 

because they did not fully meet the 

requirements for RACM/RACT-level 

controls under sections 189(a)(1)(C) and 

172(c)(1) of the CAA and thus also did 

not meet the requirement for RFP under 

section 172(c)(2) of the CAA. This 

disapproval action became effective on 

May 16, 2016, and started a sanctions 

clock for imposition of offset sanctions 

18 months after May 16, 2016, and 

highway sanctions 6 months later, 

pursuant to CAA section 179 and our 

regulations at 40 CFR 52.31. Therefore, 

offset sanctions will apply on November 

16, 2017, and highway sanctions will 

apply on May 16, 2018, unless the EPA 

determines that the deficiencies forming 

the bases for the disapprovals have been 

corrected. 

On March 17, 2017, the State of 

California submitted, as a revision to the 

California SIP, amendments to the 

South Coast Air Quality Management 

District’s (SCAQMD or ‘‘District’’) 

Regional Clean Air Incentives Market 

(RECLAIM) program, which consists of 

SCAQMD rules 2000 to 2020 and 

applies to stationary sources that emit at 

least four tons per year of nitrogen 

oxides or sulfur oxides in the South 

Coast. Additionally, on May 22, 2017, 

CARB submitted the SCAQMD’s public 

draft version of the ‘‘Supplemental 

RACM/RACT Analysis for the 2006 24- 

Hour PM2.5 and 2008 8-Hour Ozone 

Standards’’ (‘‘2017 RACT 

Supplement’’).1 We proposed to 

approve the revised RECLAIM rules on 

June 6, 2017 (82 FR 25996), and fully 

approved these rules on September 14, 

2017 (82 FR 43176). We proposed to 

approve the 2017 RACT Supplement on 

June 15, 2017 (82 FR 27451), and fully 

approved it on September 20, 2017 (82 

FR 43850).2

In the Proposed Rules section of 

today’s Federal Register, we are 

proposing to approve the RACM/RACT 

and RFP demonstrations in the 2012 

PM2.5 Plan based on our final approvals 

of the revised RECLAIM rules and the 


Pmangrum on DSK3GDR082PROD with RULES
46918 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 

2017 RACT Supplement, because we 

believe these SIP submissions correct 

the deficiencies identified in our April 

14, 2016 partial disapproval action. 

Based on today’s proposed approval, we 

are taking this interim final rulemaking 

action, effective on publication, to defer 

the imposition of the offset sanctions 

and highway sanctions triggered by our 

April 14, 2016 partial disapproval. 

The EPA is providing the public with 

an opportunity to comment on this 

deferral of sanctions. If comments are 

submitted that change our assessment 

described in this interim final 

determination and the proposed full 

approval of the RACM/RACT and RFP 

demonstrations in the 2012 PM2.5 Plan, 

we would take subsequent final action 

to reimpose sanctions pursuant to 40 

CFR 52.31(d). If no comments are 

submitted that change our assessment, 

we will take final action to approve the 

RACM/RACT and RFP demonstrations 

in the 2012 PM2.5 Plan, and all sanctions 

and sanction clocks related to the May 

16, 2016 disapproval action with respect 

to these elements of the 2012 PM2.5 Plan 

will be permanently terminated on the 

effective date of the final approval. 

II. EPA Action 

We are making an interim final 

determination to defer the imposition of 

CAA section 179 sanctions associated 

with our partial disapproval of the 2012 

PM2.5 Plan based on our concurrent 

proposal to determine that our prior 

approvals of the District’s revised 

RECLAIM rules and 2017 RACT 

Supplement correct the deficiencies that 

initiated sanctions clocks. 

Because the EPA has preliminarily 

determined that the State has corrected 

the deficiencies previously identified in 

the EPA’s partial disapproval 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 an 

opportunity 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 revised RECLAIM rules and 2017 

RACT Supplement and, through a 

separate action, is proposing to find that 

the State has corrected the deficiencies 

that started the sanctions clocks. 

Therefore, it is not in the public interest 

to impose sanctions when the State has 

most likely taken appropriate action to 

correct the deficiencies that triggered 

the sanctions clocks. Moreover, it would 

be impracticable to go through noticeand-comment rulemaking on a finding 

that the State has corrected the 

deficiencies prior to the rulemaking 

approving the State’s actual submission 

addressing those deficiencies. 

Therefore, the EPA believes that it is 

necessary to use the interim final 

rulemaking process to defer sanctions 

while the EPA completes its rulemaking 

process on the approvability of the 

State’s submission addressing the 

deficiencies. 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 action 

is to relieve a restriction (5 U.S.C. 

553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

This action defers federal sanctions 

and imposes no additional 

requirements. For that reason, this 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 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). 

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 to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such good cause finding, 

including the reasons therefore, and 

established an effective date of October 

10, 2017. EPA will submit a report 

containing this rule 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 rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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 December 11, 2017. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ammonia, 


Pmangrum on DSK3GDR082PROD with RULES
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 46919 

1 62 FR 27968 (May 22, 1997). 

Incorporation by reference, 

Intergovernmental regulations, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

dioxide, Volatile organic compounds. 

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

Dated: September 26, 2017. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–21611 Filed 10–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2017–0019; FRL–9969–05– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; North 

Dakota; Revisions to Air Pollution 

Control Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of North Dakota 

on January 28, 2013, and April 22, 2014. 

The revisions are to Article 33–15 Air 

Pollution Control rules of the North 

Dakota Administrative Code. The 

revisions include amendments to add 

EPA Reference Method 22 to determine 

compliance with a visible emissions 

limit, add significance levels for PM2.5, 

modify existing significance levels for 

NO2 and SO2 and remove the 

significance level for PM10. This action 

is being taken under section 110 of the 

Clean Air Act (CAA). 

DATES: This rule is effective on 

November 9, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2017–0019. All 

documents in the docket are listed on 

the http://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 http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Jaslyn Dobrahner, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6252, 

dobrahner.jaslyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In our notice of proposed rulemaking 

published on July 28, 2017 (82 FR 

35153), the EPA proposed to approve 

revisions to Article 33–15 Air Pollution 

Control rules of the North Dakota 

Administrative Code submitted by the 

State of North Dakota on January 28, 

2013, and April 22, 2014. In this 

rulemaking, we are taking final action 

on a revision submitted in the January 

28, 2013 submittal to revise significance 

levels. The North Dakota State Health 

Council adopted those amendments on 

August 14, 2012 (effective January 1, 

2013). In addition, we are also taking 

final action on a revision that was 

included in the April 22, 2014 submittal 

to add EPA Reference Method 22 for 

determining opacity for limits expressed 

as zero percent opacity. The North 

Dakota State Health Council adopted 

those amendments on February 11, 2014 

(effective April 1, 2014). The reasons for 

our approval are provided in detail in 

the proposed rule. 

II. Response to Comments 

We received no comments on our 

proposed rule. 

III. Final Action 

For the reasons expressed in the 

proposed rule, the EPA is approving 

revisions to sections of the State’s Air 

Pollution Control rules from the January 

28, 2013, and April 22, 2014 submittals. 

A summary of the revisions in North 

Dakota’s Air Pollution Control rules the 

EPA is approving is provided in Table 

1. 

TABLE 1—LIST OF NORTH DAKOTA REVISIONS THAT THE EPA IS APPROVING

Revisions in January 28, 2013 and April 22, 2014 

submittals that EPA is approving 

January 28, 2013 submittal: 33–15–14–02.5.a. 

April 22, 2014 submittal: 33–15–03–05.2. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of North 

Dakota Air Pollution Control rules 

described in the amendments set forth 

to 40 CFR part 52 below. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and/or at the EPA 

Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of the EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

V. Statutory and Executive Orders 

Review 

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 final action 

merely approves some state law as 

meeting federal requirements; this final 

action does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this final 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

Oct. 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, Aug. 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); 


Pmangrum on DSK3GDR082PROD with RULES