80_FR_68981 80 FR 68766 - Approval of California Air Plan Revisions, Placer County Air Pollution Control District

80 FR 68766 - Approval of California Air Plan Revisions, Placer County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 215 (November 6, 2015)

Page Range68766-68768
FR Document2015-28274

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Placer County portion of the California State Implementation Plan (SIP). This revision concerns the necessary procedures to create emission reduction credits (ERCs) from the reduction of volatile organic compound (VOC), oxides of nitrogen (NOx), oxides of sulfur (SOx), particulate matter (PM), and carbon monoxide (CO) emissions due to the use and installation of a control device on stationary locomotive engines in rail yards. We are approving a local rule that provides administrative procedures for creating emissions reduction credits, consistent with Clean Air Act (CAA or the Act) requirements.

Federal Register, Volume 80 Issue 215 (Friday, November 6, 2015)
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Rules and Regulations]
[Pages 68766-68768]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28274]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0643; FRL-9935-65-Region 9]


Approval of California Air Plan Revisions, Placer County Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Placer County portion of the 
California State Implementation Plan (SIP). This revision concerns the 
necessary procedures to create emission reduction credits (ERCs) from 
the reduction of volatile organic compound (VOC), oxides of nitrogen 
(NOx), oxides of sulfur (SOx), particulate matter (PM), and carbon 
monoxide (CO) emissions due to the use and installation of a control 
device on stationary locomotive engines in rail yards. We are approving 
a local rule that provides administrative procedures for creating 
emissions reduction credits, consistent with Clean Air Act (CAA or the 
Act) requirements.

DATES: This rule is effective on January 5, 2016 without further 
notice, unless the EPA receives adverse comments by December 7, 2015. 
If we receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2015-0643, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: Once submitted, comments cannot be edited or 
withdrawn. 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. If you need to include CBI as part 
of your comment, please visit http://www.epa.gov/dockets/comments.html 
for further instructions. 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. For the full EPA public comment policy and 
general guidance on making effective comments, please visit http://www.epa.gov/dockets/comments.html.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov or in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. 
While all documents in the docket are listed at www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), and some may not be 
publicly available in either location (e.g., CBI). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848, lev[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this action with the dates that 
it was adopted by the Placer County Air Pollution Control District 
(PCAPCD) and submitted by the California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Local agency                  Rule No.            Rule title            Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD..............................             515   Stationary Rail Yard         02-19-2015       06-26-2015
                                                        Control Emission
                                                        Reduction Credits.
----------------------------------------------------------------------------------------------------------------

    On August 13, 2015, the EPA determined that the submittal for 
PCAPCD Rule 515 met the completeness criteria in 40 CFR part 51, 
appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 515 in the SIP, although the 
PCAPCD adopted an earlier version of this rule on October 9, 2008, and 
CARB submitted it to us on December 23, 2008. CARB withdrew the earlier 
version of Rule 515 on August 11, 2014.

C. What is the purpose of the submitted rule?

    The purpose of Rule 515 is to provide owners of a rail yard located 
in Placer County with a mechanism for quantifying, certifying, and 
banking emission reductions from the installation and use of a control 
device that reduces emissions from locomotive engines in rail yards. 
Approval of Rule 515 into the SIP would allow these emission reductions 
to be used as offsets under PCAPCD's New Source Review (NSR) rule. The 
EPA's technical support document (TSD) has more information about this 
rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    In addition, a rule of this type that generates emission reduction 
credits for use as offsets in the NSR program must

[[Page 68767]]

meet the NSR requirements for valid offsets (see section 173(c)) and 
meet the criteria set forth in the EPA's guidance concerning economic 
incentive programs.
    Guidance and policy documents that we use to evaluate 
enforceability and other requirements consistently include the 
following:
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble; Clean Air Act Amendments of 1990 Implementation of 
Title I; Proposed Rule,'' (the NOx Supplement), 57 FR 55620, November 
25, 1992.
    3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    4. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    5. New Source Review--Section 173(c) of the CAA and 40 CFR part 51, 
appendix S, ``Emission Offset Interpretative Ruling'' require certain 
sources to obtain emission reductions to offset increased emissions 
from new projects.
    6. ``Improving Air Quality with Economic Incentive Programs,'' EPA-
452/R-01-001, January 2001.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and 
guidance regarding enforceability and economic incentive programs; and 
ensures that the emission reductions are real, surplus, quantifiable, 
enforceable, and permanent. This rule includes detailed emissions 
quantification protocols and enforceable procedures that provide the 
necessary assurance that the emission reduction credits issued will 
meet the criteria for valid NSR offsets. The TSD has more information 
on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rule. If we 
receive adverse comments by December 7, 2015, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on January 5, 2016. This will incorporate the 
rule into the federally enforceable SIP.
    Please note that if the EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, the EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

III. 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 the CARB 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. 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, 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 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, 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).
    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 January 5, 2016.

[[Page 68768]]

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. Parties with objections to this 
direct final rule are encouraged to file a comment in response to the 
parallel notice of proposed rulemaking for this action published in the 
Proposed Rules section of this Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Sulfur dioxide, Carbon monoxide, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 25, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(463) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (463) Amended regulations for the following APCDs were submitted on 
June 26, 2015 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Placer County Air Pollution Control District.
    (1) Rule 515, ``Stationary Rail Yard Control Emission Reduction 
Credits,'' amended on February 19, 2015.

[FR Doc. 2015-28274 Filed 11-5-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                68766                 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations

                                                will be used in the calculation of the                             December 7, 2015. If we receive such                 Hawthorne Street, San Francisco,
                                                duty refund and allocations.’’                                     comments, we will publish a timely                   California 94105–3901. While all
                                                [FR Doc. 2015–28284 Filed 11–5–15; 8:45 am]                        withdrawal in the Federal Register to                documents in the docket are listed at
                                                BILLING CODE 1505–01–D
                                                                                                                   notify the public that this direct final             www.regulations.gov, some information
                                                                                                                   rule will not take effect.                           may be publicly available only at the
                                                                                                                   ADDRESSES: Submit comments,                          hard copy location (e.g., copyrighted
                                                ENVIRONMENTAL PROTECTION                                           identified by docket number EPA–R09–                 material, large maps), and some may not
                                                AGENCY                                                             OAR–2015–0643, by one of the                         be publicly available in either location
                                                                                                                   following methods:                                   (e.g., CBI). To inspect the hard copy
                                                40 CFR Part 52                                                        1. Federal eRulemaking Portal:                    materials, please schedule an
                                                                                                                   www.regulations.gov. Follow the on-line              appointment during normal business
                                                [EPA–R09–OAR–2015–0643; FRL–9935–65–                                                                                    hours with the contact listed in the FOR
                                                                                                                   instructions.
                                                Region 9]
                                                                                                                      2. Email: steckel.andrew@epa.gov.                 FURTHER INFORMATION CONTACT section.
                                                Approval of California Air Plan                                       3. Mail or deliver: Andrew Steckel
                                                                                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                Revisions, Placer County Air Pollution                             (Air-4), U.S. Environmental Protection
                                                                                                                   Agency Region IX, 75 Hawthorne Street,               Nancy Levin, EPA Region IX, (415) 972–
                                                Control District                                                                                                        3848, levin.nancy@epa.gov.
                                                                                                                   San Francisco, CA 94105–3901.
                                                AGENCY: Environmental Protection                                      Instructions: Once submitted,                     SUPPLEMENTARY INFORMATION:
                                                Agency (EPA).                                                      comments cannot be edited or                         Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                ACTION: Direct final rule.                                         withdrawn. The EPA may publish any                   and ‘‘our’’ refer to the EPA.
                                                                                                                   comment received to its public docket.
                                                SUMMARY:   The Environmental Protection                            Do not submit electronically any                     Table of Contents
                                                Agency (EPA) is taking direct final                                information you consider to be                       I. The State’s Submittal
                                                action to approve a revision to the                                Confidential Business Information (CBI)                 A. What rule did the State submit?
                                                Placer County portion of the California                            or other information whose disclosure is                B. Are there other versions of this rule?
                                                State Implementation Plan (SIP). This                              restricted by statute. If you need to                   C. What is the purpose of the submitted
                                                revision concerns the necessary                                    include CBI as part of your comment,                       rule?
                                                procedures to create emission reduction                            please visit http://www.epa.gov/                     II. The EPA’s Evaluation and Action
                                                credits (ERCs) from the reduction of                               dockets/comments.html for further                       A. How is the EPA evaluating the rule?
                                                volatile organic compound (VOC),                                                                                           B. Does the rule meet the evaluation
                                                                                                                   instructions. Multimedia submissions
                                                oxides of nitrogen (NOx), oxides of                                                                                           criteria?
                                                                                                                   (audio, video, etc.) must be                            C. Public Comment and Final Action
                                                sulfur (SOx), particulate matter (PM),                             accompanied by a written comment.                    III. Incorporation by Reference
                                                and carbon monoxide (CO) emissions                                 The written comment is considered the                IV. Statutory and Executive Order Reviews
                                                due to the use and installation of a                               official comment and should include
                                                control device on stationary locomotive                            discussion of all points you wish to                 I. The State’s Submittal
                                                engines in rail yards. We are approving                            make. For the full EPA public comment                A. What rule did the State submit?
                                                a local rule that provides administrative                          policy and general guidance on making
                                                procedures for creating emissions                                  effective comments, please visit http://               Table 1 lists the rule addressed by this
                                                reduction credits, consistent with Clean                           www.epa.gov/dockets/comments.html.                   action with the dates that it was adopted
                                                Air Act (CAA or the Act) requirements.                                Docket: Generally, documents in the               by the Placer County Air Pollution
                                                DATES: This rule is effective on January                           docket for this action are available                 Control District (PCAPCD) and
                                                5, 2016 without further notice, unless                             electronically at www.regulations.gov or             submitted by the California Air
                                                the EPA receives adverse comments by                               in hard copy at EPA Region IX, 75                    Resources Board (CARB).

                                                                                                                          TABLE 1—SUBMITTED RULE
                                                                      Local agency                                  Rule No.                               Rule title                      Adopted        Submitted

                                                PCAPCD .........................................................        515         Stationary Rail Yard Control Emission Re-             02–19–2015     06–26–2015
                                                                                                                                      duction Credits.



                                                  On August 13, 2015, the EPA                                      C. What is the purpose of the submitted              II. The EPA’s Evaluation and Action
                                                determined that the submittal for                                  rule?
                                                                                                                                                                        A. How is the EPA evaluating the rule?
                                                PCAPCD Rule 515 met the completeness
                                                criteria in 40 CFR part 51, appendix V,                              The purpose of Rule 515 is to provide                SIP rules must be enforceable (see
                                                which must be met before formal EPA                                owners of a rail yard located in Placer              CAA section 110(a)(2)), must not
                                                review.                                                            County with a mechanism for                          interfere with applicable requirements
                                                                                                                   quantifying, certifying, and banking                 concerning attainment and reasonable
                                                B. Are there other versions of this rule?                          emission reductions from the                         further progress or other CAA
                                                                                                                   installation and use of a control device             requirements (see CAA section 110(l)),
                                                  There are no previous versions of                                that reduces emissions from locomotive               and must not modify certain SIP control
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                                                Rule 515 in the SIP, although the                                  engines in rail yards. Approval of Rule              requirements in nonattainment areas
                                                PCAPCD adopted an earlier version of                               515 into the SIP would allow these                   without ensuring equivalent or greater
                                                this rule on October 9, 2008, and CARB                             emission reductions to be used as offsets            emissions reductions (see CAA section
                                                submitted it to us on December 23,                                 under PCAPCD’s New Source Review                     193).
                                                2008. CARB withdrew the earlier                                    (NSR) rule. The EPA’s technical support                In addition, a rule of this type that
                                                version of Rule 515 on August 11, 2014.                            document (TSD) has more information                  generates emission reduction credits for
                                                                                                                   about this rule.                                     use as offsets in the NSR program must


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                                                                  Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations                                         68767

                                                meet the NSR requirements for valid                     comments by December 7, 2015, we will                 under the Regulatory Flexibility Act (5
                                                offsets (see section 173(c)) and meet the               publish a timely withdrawal in the                    U.S.C. 601 et seq.);
                                                criteria set forth in the EPA’s guidance                Federal Register to notify the public                    • does not contain any unfunded
                                                concerning economic incentive                           that the direct final approval will not               mandate or significantly or uniquely
                                                programs.                                               take effect and we will address the                   affect small governments, as described
                                                  Guidance and policy documents that                    comments in a subsequent final action                 in the Unfunded Mandates Reform Act
                                                we use to evaluate enforceability and                   based on the proposal. If we do not                   of 1995 (Pub. L. 104–4);
                                                other requirements consistently include                 receive timely adverse comments, the                     • does not have Federalism
                                                the following:                                          direct final approval will be effective               implications as specified in Executive
                                                  1. ‘‘State Implementation Plans;                      without further notice on January 5,                  Order 13132 (64 FR 43255, August 10,
                                                General Preamble for the                                2016. This will incorporate the rule into             1999);
                                                Implementation of Title I of the Clean                  the federally enforceable SIP.                           • is not an economically significant
                                                Air Act Amendments of 1990,’’ 57 FR                       Please note that if the EPA receives                regulatory action based on health or
                                                13498 (April 16, 1992); 57 FR 18070                     adverse comment on an amendment,                      safety risks subject to Executive Order
                                                (April 28, 1992).                                       paragraph, or section of this rule and if             13045 (62 FR 19885, April 23, 1997);
                                                  2. State Implementation Plans;                                                                                 • is not a significant regulatory action
                                                                                                        that provision may be severed from the
                                                Nitrogen Oxides Supplement to the                                                                             subject to Executive Order 13211 (66 FR
                                                                                                        remainder of the rule, the EPA may
                                                General Preamble; Clean Air Act                                                                               28355, May 22, 2001);
                                                                                                        adopt as final those provisions of the
                                                Amendments of 1990 Implementation of                                                                             • is not subject to requirements of
                                                                                                        rule that are not the subject of an
                                                Title I; Proposed Rule,’’ (the NOx                                                                            Section 12(d) of the National
                                                                                                        adverse comment.
                                                Supplement), 57 FR 55620, November                                                                            Technology Transfer and Advancement
                                                25, 1992.                                               III. Incorporation by Reference                       Act of 1995 (15 U.S.C. 272 note) because
                                                  3. ‘‘Issues Relating to VOC Regulation                                                                      application of those requirements would
                                                                                                          In this rule, the EPA is finalizing
                                                Cutpoints, Deficiencies, and                                                                                  be inconsistent with the Clean Air Act;
                                                                                                        regulatory text that includes
                                                Deviations,’’ EPA, May 25, 1988 (the                                                                          and
                                                                                                        incorporation by reference. In                           • does not provide the EPA with the
                                                Bluebook).                                              accordance with requirements of 1 CFR
                                                  4. ‘‘Guidance Document for Correcting                                                                       discretionary authority to address, as
                                                                                                        51.5, the EPA is finalizing the                       appropriate, disproportionate human
                                                Common VOC & Other Rule                                 incorporation by reference of the CARB
                                                Deficiencies,’’ EPA Region 9, August 21,                                                                      health or environmental effects, using
                                                                                                        Regulations described in the                          practicable and legally permissible
                                                2001 (the Little Bluebook).                             amendments to 40 CFR part 52 set forth
                                                  5. New Source Review—Section                                                                                methods, under Executive Order 12898
                                                                                                        below. The EPA has made, and will                     (59 FR 7629, February 16, 1994).
                                                173(c) of the CAA and 40 CFR part 51,
                                                                                                        continue to make, these documents                        In addition, the SIP is not approved
                                                appendix S, ‘‘Emission Offset
                                                                                                        generally available electronically                    to apply on any Indian reservation land
                                                Interpretative Ruling’’ require certain
                                                                                                        through www.regulations.gov and/or in                 or in any other area where the EPA or
                                                sources to obtain emission reductions to
                                                                                                        hard copy at the appropriate EPA office               an Indian tribe has demonstrated that a
                                                offset increased emissions from new
                                                                                                        (see the ADDRESSES section of this                    tribe has jurisdiction. In those areas of
                                                projects.
                                                                                                        preamble for more information).                       Indian country, the rule does not have
                                                  6. ‘‘Improving Air Quality with
                                                Economic Incentive Programs,’’ EPA–                     IV. Statutory and Executive Order                     tribal implications and will not impose
                                                452/R–01–001, January 2001.                             Reviews                                               substantial direct costs on tribal
                                                                                                                                                              governments or preempt tribal law as
                                                B. Does the rule meet the evaluation                      Under the Clean Air Act, the                        specified by Executive Order 13175 (65
                                                criteria?                                               Administrator is required to approve a                FR 67249, November 9, 2000).
                                                  We believe this rule is consistent with               SIP submission that complies with the                    The Congressional Review Act, 5
                                                the relevant policy and guidance                        provisions of the Act and applicable                  U.S.C. 801 et seq., as added by the Small
                                                regarding enforceability and economic                   Federal regulations. 42 U.S.C. 7410(k);               Business Regulatory Enforcement
                                                incentive programs; and ensures that the                40 CFR 52.02(a). Thus, in reviewing SIP               Fairness Act of 1996, generally provides
                                                emission reductions are real, surplus,                  submissions, the EPA’s role is to                     that before a rule may take effect, the
                                                quantifiable, enforceable, and                          approve state choices, provided that                  agency promulgating the rule must
                                                permanent. This rule includes detailed                  they meet the criteria of the Clean Air               submit a rule report, which includes a
                                                emissions quantification protocols and                  Act. Accordingly, this action merely                  copy of the rule, to each House of the
                                                enforceable procedures that provide the                 approves state law as meeting Federal                 Congress and to the Comptroller General
                                                necessary assurance that the emission                   requirements and does not impose                      of the United States. The EPA will
                                                reduction credits issued will meet the                  additional requirements beyond those                  submit a report containing this action
                                                criteria for valid NSR offsets. The TSD                 imposed by state law. For that reason,                and other required information to the
                                                has more information on our evaluation.                 this action:                                          U.S. Senate, the U.S. House of
                                                                                                          • Is not a significant regulatory action            Representatives, and the Comptroller
                                                C. Public Comment and Final Action                      subject to review by the Office of                    General of the United States prior to
                                                  As authorized in section 110(k)(3) of                 Management and Budget under                           publication of the rule in the Federal
                                                the Act, the EPA is fully approving the                 Executive Orders 12866 (58 FR 51735,                  Register. A major rule cannot take effect
                                                submitted rule because we believe it                    October 4, 1993) and 13563 (76 FR 3821,               until 60 days after it is published in the
                                                fulfills all relevant requirements. We do               January 21, 2011);                                    Federal Register. This action is not a
mstockstill on DSK4VPTVN1PROD with RULES




                                                not think anyone will object to this                      • does not impose an information                    ‘‘major rule’’ as defined by 5 U.S.C.
                                                approval, so we are finalizing it without               collection burden under the provisions                804(2).
                                                proposing it in advance. However, in                    of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the Clean
                                                the Proposed Rules section of this                      U.S.C. 3501 et seq.);                                 Air Act, petitions for judicial review of
                                                Federal Register, we are simultaneously                   • is certified as not having a                      this action must be filed in the United
                                                proposing approval of the same                          significant economic impact on a                      States Court of Appeals for the
                                                submitted rule. If we receive adverse                   substantial number of small entities                  appropriate circuit by January 5, 2016.


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                                                68768             Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Rules and Regulations

                                                Filing a petition for reconsideration by                ENVIRONMENTAL PROTECTION                              I. Background
                                                the Administrator of this final rule does               AGENCY                                                   The SIP is a living document which
                                                not affect the finality of this action for                                                                    a state revises as necessary to address its
                                                the purposes of judicial review nor does                40 CFR Part 52
                                                                                                                                                              unique air pollution problems.
                                                it extend the time within which a                       [EPA–R08–OAR–2015–0428; FRL–9932–61–                  Therefore, the EPA, from time to time,
                                                petition for judicial review may be filed,              Region 8]                                             must take action on SIP revisions
                                                and shall not postpone the effectiveness                                                                      containing new and/or revised
                                                of such rule or action. Parties with                    Air Plan Approval; WY; Update to                      regulations as being part of the SIP. On
                                                objections to this direct final rule are                Materials Incorporated by Reference                   May 22, 1997 (62 FR 27968), the EPA
                                                encouraged to file a comment in                                                                               revised the procedures for incorporating
                                                response to the parallel notice of                      AGENCY:  Environmental Protection
                                                                                                        Agency (EPA).                                         by reference Federally-approved SIPs, as
                                                proposed rulemaking for this action                                                                           a result of consultation between the EPA
                                                published in the Proposed Rules section                 ACTION: Final rule; administrative
                                                                                                        change.                                               and the Office of the Federal Register
                                                of this Federal Register, rather than file                                                                    (OFR). The description of the revised
                                                an immediate petition for judicial                                                                            SIP document, IBR procedures and
                                                                                                        SUMMARY:    The Environmental Protection
                                                review of this direct final rule, so that                                                                     ‘‘Identification of Plan’’ format are
                                                                                                        Agency (EPA) is updating the materials
                                                the EPA can withdraw this direct final                                                                        discussed in further detail in the May
                                                                                                        that are incorporated by reference (IBR)
                                                rule and address the comment in the                                                                           22, 1997, Federal Register document.
                                                                                                        into the Wyoming State Implementation
                                                proposed rulemaking. This action may                                                                          On November 2, 2006 (71 FR 64460) the
                                                                                                        Plan (SIP). The Regulations affected by
                                                not be challenged later in proceedings to                                                                     EPA published the revised format of the
                                                                                                        this update have been previously
                                                enforce its requirements (see section                                                                         IBR material for Wyoming as of August
                                                                                                        submitted by the Wyoming Department
                                                307(b)(2)).                                                                                                   31, 2006. Today’s action is an update to
                                                                                                        of Environmental Quality and approved
                                                List of Subjects in 40 CFR Part 52                      by the EPA. In this action, the EPA is                the November 2, 2006 document.
                                                  Environmental protection, Air                         also notifying the public of corrections              II. EPA Action
                                                pollution control, Incorporation by                     to typographical errors and minor
                                                                                                        formatting changes to the IBR tables.                    In this action, the EPA is announcing
                                                reference, Intergovernmental relations,                                                                       the update to the IBR material as of
                                                Nitrogen dioxide, Ozone, Particulate                    This update affects the SIP materials
                                                                                                        that are available for public inspection              September 1, 2015. The EPA is also
                                                matter, Sulfur dioxide, Carbon                                                                                correcting typographical errors,
                                                monoxide, Reporting and recordkeeping                   at the EPA Regional Office.
                                                                                                        DATES: This action is effective                       including omission and other minor
                                                requirements, Volatile organic                                                                                errors in subsection 52.2620, paragraphs
                                                compounds.                                              November 6, 2015.
                                                                                                                                                              (c), (d), and (e).
                                                  Dated: September 25, 2015.                            ADDRESSES: The EPA has established a
                                                                                                        docket for this action under Docket                   III. Good Cause Exemption
                                                Jared Blumenfeld,
                                                                                                        Identification Number EPA–R08–OAR–                       EPA has determined that today’s
                                                Regional Administrator, Region IX.
                                                                                                        2015–0428. All documents in the docket                action falls under the ‘‘good cause’’
                                                  Part 52, chapter I, title 40 of the Code              are listed on the http://                             exemption in section 553(b)(3)(B) of the
                                                of Federal Regulations is amended as                    www.regulations.gov Web site. Although                Administrative Procedure Act (APA)
                                                follows:                                                listed in the index, some information                 which, upon a finding of ‘‘good cause’’
                                                                                                        may not be publicly available, i.e.,                  authorizes agencies to dispense with
                                                PART 52—APPROVAL AND                                    Confidential Business Information or
                                                PROMULGATION OF                                                                                               public participation, and section
                                                                                                        other information the disclosure of                   553(d)(3), which allows an agency to
                                                IMPLEMENTATION PLANS                                    which is restricted by statute. Certain               make a rule effective immediately
                                                                                                        other material, such as copyrighted                   (thereby avoiding the 30-day delayed
                                                ■ 1. The authority citation for part 52
                                                                                                        material, is not placed on the Internet               effective date otherwise provided for in
                                                continues to read as follows:
                                                                                                        and will be publicly available only in                the APA). Today’s action simply
                                                    Authority: 42 U.S.C. 7401 et seq.                   the hard copy form. Publicly available                updates the codification of provisions
                                                                                                        docket materials are available either                 which are already in effect as a matter
                                                Subpart F—California                                    electronically through http://                        of law.
                                                ■ 2. Section 52.220 is amended by                       www.regulations.gov or in hard copy at                   Under section 553 of the APA, an
                                                adding paragraph (c)(463) to read as                    EPA Region 8, Office of Partnership and               agency may find good cause where
                                                follows:                                                Regulatory Assistance, Air Program,                   procedures are ‘‘impractical,
                                                                                                        1595 Wynkoop Street, Denver, Colorado                 unnecessary, or contrary to the public
                                                § 52.220    Identification of plan.                     80202–1129. The EPA requests that you                 interest.’’ Public comment is
                                                *      *    *     *     *                               contact the individual listed in the FOR              ‘‘unnecessary’’ and ‘‘contrary to the
                                                  (c) * * *                                             FURTHER INFORMATION CONTACT section to                public interest’’ since the codification
                                                  (463) Amended regulations for the                     view the hard copy of the docket. An                  only reflects existing law. Likewise,
                                                following APCDs were submitted on                       electronic copy of the State’s SIP                    there is no purpose served by delaying
                                                June 26, 2015 by the Governor’s                         compilation is also available at http://              the effective date of this action.
                                                designee.                                               www.epa.gov/region8/air/sip.html.                        In this rule, EPA is finalizing
                                                  (i) Incorporation by reference.                       FOR FURTHER INFORMATION CONTACT:                      regulatory text that includes
mstockstill on DSK4VPTVN1PROD with RULES




                                                  (A) Placer County Air Pollution                       Kathy Ayala, Air Program, U.S.                        incorporation by reference. In
                                                Control District.                                       Environmental Protection Agency                       accordance with requirements of 1 CFR
                                                  (1) Rule 515, ‘‘Stationary Rail Yard                  (EPA), Region 8, Mailcode 8P–AR, 1595                 51.5, EPA is finalizing the incorporation
                                                Control Emission Reduction Credits,’’                   Wynkoop Street, Denver, Colorado                      by reference of the Wyoming regulations
                                                amended on February 19, 2015.                           80202–1129, (303) 312–6142,                           described in the amendments to 40 CFR
                                                [FR Doc. 2015–28274 Filed 11–5–15; 8:45 am]             ayala.kathy@epa.gov.                                  part 52 set forth below. EPA has made,
                                                BILLING CODE 6560–50–P                                  SUPPLEMENTARY INFORMATION:                            and will continue to make, these


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Document Created: 2015-12-14 15:09:27
Document Modified: 2015-12-14 15:09:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on January 5, 2016 without further notice, unless the EPA receives adverse comments by December 7, 2015. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.
ContactNancy Levin, EPA Region IX, (415) 972- 3848, [email protected]
FR Citation80 FR 68766 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Dioxide; Carbon Monoxide; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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