80 FR 76230 - Approval of California Air Plan Revisions, Placer County Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 235 (December 8, 2015)
Federal Register Volume 80, Issue 235 (December 8, 2015)
| Page Range | 76230-76232 | |
| FR Document | 2015-30831 |
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)] [Rules and Regulations] [Pages 76230-76232] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30831] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0689; FRL-9936-83-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 Air Pollution Control District (PCAPCD) portion of the California SIP. We are approving a local emergency episode plan that describes actions that PCAPCD will take to prevent dangerously high ambient emission levels under the Clean Air Act (CAA or the Act). DATES: This rule is effective on February 8, 2016 without further notice, unless the EPA receives adverse comments by January 7, 2016. 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- 2015-0689, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on- line instructions. 2. Email: steckel.andrew@epa.gov. 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 Instructions: Once submitted, comments cannot be edited or withdrawn.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. [[Page 76231]] FOR FURTHER INFORMATION CONTACT: Vanessa Graham, EPA Region IX, (415) 947-4120 graham.vanessa@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What plan did the State submit? B. Are there other versions of this plan? C. What is the purpose of the submitted plan? II. The EPA's Evaluation and Action A. How is the EPA evaluating the plan? B. Does the plan meet the evaluation criteria? C. EPA Recommendations To Further Improve the Plan D. Public Comment and Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What plan did the State submit? Table 1 lists the plan addressed by this action with the date that it was adopted by the PCAPCD and submitted by California Air Resources Board (ARB). Table 1--Submitted Plan ---------------------------------------------------------------------------------------------------------------- Local agency Plan title Adopted Submitted ---------------------------------------------------------------------------------------------------------------- PCAPCD......................... Ozone Emergency Episode June 11, 2015............. July 15, 2015. Plan. ---------------------------------------------------------------------------------------------------------------- On August 11, 2015, the EPA determined that the submittal for the PCAPCD Ozone Emergency Episode Plan 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 plan? There are no previous versions of this plan adopted by PCAPCD or approved by EPA in the SIP. C. What is the purpose of the submitted plan? The CAA requires the EPA to establish National Ambient Air Quality Standards (NAAQS) for Ozone and five other pollutants that are harmful to public health and the environment. Each state is required to submit to the EPA, within three years after the promulgation of a primary or secondary NAAQS, or any revision thereof, an infrastructure SIP revision that provides for the implementation, maintenance, and enforcement of such NAAQS. CAA Sec. 110(a)(2) describes the contents required of such a plan that constitute the ``infrastructure'' of a state's air quality management program. The PCAPCD Ozone Emergency Episode Plan is intended to fulfill the CAA Sec. 110(a)(2)(G) infrastructure SIP requirement for states to submit an air pollution emergency contingency plan as required by 40 CFR part 51, subpart H. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule? SIPs must be enforceable (see CAA section 110(a)(2)) and SIP revisions are restricted in how they can relax approved SIPs. This plan must also meet the infrastructure SIP requirements found in 40 CFR part 51, subpart H (51.150 through 51.153). Guidance that we used to evaluate section 110(a)(2) CAA requirements includes: ``Guidance Document for Infrastructure State Implementation Plan'' Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), EPA (September 2013). B. Does the plan meet the evaluation criteria? We believe this plan is consistent with the relevant policy and guidance regarding enforceability, SIP relaxations and infrastructure SIPs. The EPA's technical support document (TSD) has more information about this plan and 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 plan 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 plan. If we receive adverse comments by January 7, 2016, 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 February 8, 2016. This will incorporate the rule into the federally enforceable SIP. 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 PCAPCD rule described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and 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, 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); [[Page 76232]] 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 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 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. 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 February 8, 2016. 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 today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 26, 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 PLAN 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)(465) to read as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (465) New regulation for the following APCD was submitted on July 15, 2015 by the Governor's designee. (i) Incorporation by reference. (A) Placer County Air Pollution Control District. (1) ``Ozone Emergency Episode Plan,'' adopted on June 11, 2015. [FR Doc. 2015-30831 Filed 12-7-15; 8:45 am] BILLING CODE 6560-50-P
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Intergovernmental relations, Lead, Subpart W—Massachusetts Commonwealth of Massachusetts on
Nitrogen dioxide, Ozone, Particulate October 25, 2013.
matter, Reporting and recordkeeping ■ 2. Section 52.1120 is amended by (ii) Additional materials.
requirements, Sulfur oxides, Volatile adding paragraph (c)(143) to read as
organic compounds. follows: (A) Letter from the Massachusetts
Department of Environmental Protection
Dated: September 29, 2015. § 52.1120 Identification of plan. dated November 6, 2013 submitting a
H. Curtis Spalding,
* * * * * revision to the Massachusetts State
Regional Administrator, EPA New England. (c) * * * Implementation Plan.
Part 52 of chapter I, title 40 of the (143) Revisions to the State
Code of Federal Regulations is amended Implementation Plan submitted by the ■ 3. In § 52.1167, Table 52.1167 is
as follows: Massachusetts Department of amended by adding a new entry to the
Environmental Protection on November existing state citation for 310 CMR 7.36
PART 52—[AMENDED] 6, 2013. to read as follows:
(i) Incorporation by reference.
■ 1. The authority citation for part 52 (A) Massachusetts Regulation 310 § 52.1167 EPA-approved Massachusetts
continues to read as follows: CMR 7.36 entitled ‘‘U Transit System State regulations.
Authority: 42 U.S.C. 7401 et seq. Improvements,’’ effective in the * * * * *
TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS
[See notes at end of table]
Date Comments/
Date approved Federal Register
State citation Title/subject submitted by 52.1120(c) unapproved
by EPA citation
state sections
* * * * * * *
310 CMR 7.36 ........... Transit System Im- 11/6/13 12/8/15 [Insert Federal Reg- 143 Removes from the
provements. ister citation]. SIP the commit-
ment to design the
Red Line/Blue Line
Connector project.
* * * * * * *
Notes: 1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal
SIP before this date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.
[FR Doc. 2015–30819 Filed 12–7–15; 8:45 am] DATES: This rule is effective on February please visit http://www.epa.gov/
BILLING CODE 6560–50–P 8, 2016 without further notice, unless dockets/comments.html for further
the EPA receives adverse comments by instructions. Multimedia submissions
January 7, 2016. If we receive such (audio, video, etc.) must be
ENVIRONMENTAL PROTECTION comments, we will publish a timely accompanied by a written comment.
AGENCY withdrawal in the Federal Register to The written comment is considered the
notify the public that this direct final official comment and should include
40 CFR Part 52 rule will not take effect. discussion of all points you wish to
ADDRESSES: Submit comments, make. For the full EPA public comment
[EPA–R09–OAR–2015–0689; FRL–9936–83– identified by docket number EPA–R09– policy and general guidance on making
Region 9] OAR–2015–0689, by one of the effective comments, please visit http://
Approval of California Air Plan following methods: www.epa.gov/dockets/comments.html.
Revisions, Placer County Air Pollution 1. Federal eRulemaking Portal:
Docket: Generally, documents in the
Control District www.regulations.gov. Follow the on-line
docket for this action are available
instructions.
electronically at www.regulations.gov or
AGENCY: Environmental Protection 2. Email: steckel.andrew@epa.gov.
in hard copy at EPA Region IX, 75
Agency (EPA). 3. Mail or deliver: Andrew Steckel
Hawthorne Street, San Francisco,
ACTION: Direct final rule. (Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street, California 94105–3901. While all
SUMMARY: The Environmental Protection San Francisco, CA 94105–3901. documents in the docket are listed at
Agency (EPA) is taking direct final Instructions: Once submitted, www.regulations.gov, some information
action to approve a revision to the comments cannot be edited or may be publicly available only at the
Placer County Air Pollution Control withdrawn. The EPA may publish any hard copy location (e.g., copyrighted
District (PCAPCD) portion of the comment received to its public docket. material, large maps), and some may not
Lhorne on DSK9F6TC42PROD with RULES
California SIP. We are approving a local Do not submit electronically any be publicly available in either location
emergency episode plan that describes information you consider to be (e.g., CBI). To inspect the hard copy
actions that PCAPCD will take to Confidential Business Information (CBI) materials, please schedule an
prevent dangerously high ambient or other information whose disclosure is appointment during normal business
emission levels under the Clean Air Act restricted by statute. If you need to hours with the contact listed in the FOR
(CAA or the Act). include CBI as part of your comment, FURTHER INFORMATION CONTACT section.
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• is not a significant regulatory action EPA can withdraw this direct final rule revision provides a demonstration of
subject to Executive Order 13211 (66 FR and address the comment in the implementation of best available control
28355, May 22, 2001); proposed rulemaking. This action may measures (BACM) for control of
• is not subject to requirements of not be challenged later in proceedings to particulate matter with an aerodynamic
Section 12(d) of the National enforce its requirements (see section diameter less than or equal to a nominal
Technology Transfer and Advancement 307(b)(2)). ten micrometers (PM10) within Truckee
Act of 1995 (15 U.S.C. 272 note) because Meadows. The second revision is a plan
application of those requirements would List of Subjects in 40 CFR Part 52
that provides for the maintenance of the
be inconsistent with the Clean Air Act; Environmental protection, Air national ambient air quality standard
and pollution control, Incorporation by (NAAQS or ‘‘standard’’) for PM10 in
• does not provide EPA with the reference, Intergovernmental relations, Truckee Meadows through 2030,
discretionary authority to address, as Ozone, Reporting and recordkeeping includes an emissions inventory
appropriate, disproportionate human requirements, Volatile organic consistent with attainment, and
health or environmental effects, using compounds. establishes motor vehicle emissions
practicable and legally permissible Dated: October 26, 2015. budgets. In connection with these
methods, under Executive Order 12898 approvals, the EPA is taking final action
Jared Blumenfeld,
(59 FR 7629, February 16, 1994). to determine that major stationary
In addition, the SIP is not approved Regional Administrator, Region IX.
sources of PM10 precursors do not
to apply on any Indian reservation land Part 52, Chapter I, Title 40 of the Code contribute significantly to elevated PM10
or in any other area where EPA or an of Federal Regulations is amended as levels in the area. Also, based in part on
Indian tribe has demonstrated that a follows: the approvals of the BACM
tribe has jurisdiction. In those areas of demonstration and maintenance plan
Indian country, the rule does not have PART 52—APPROVAL AND
and determination regarding PM10
tribal implications and will not impose PROMULGATION OF
precursors, the EPA is taking final
substantial direct costs on tribal IMPLEMENTATION PLAN
action to approve the State of Nevada’s
governments or preempt tribal law as
■ 1. The authority citation for part 52 request for redesignation of the Truckee
specified by Executive Order 13175 (65
continues to read as follows: Meadows nonattainment area to
FR 67249, November 9, 2000).
The Congressional Review Act, 5 attainment for the PM10 standard.
Authority: 42 U.S.C. 7401 et seq.
U.S.C. 801 et seq., as added by the Small Lastly, the EPA is taking final action to
Business Regulatory Enforcement Subpart F—California delete the area designation for Truckee
Fairness Act of 1996, generally provides Meadows for the revoked standard for
that before a rule may take effect, the ■ 2. Section 52.220 is amended by total suspended particulate (TSP). The
agency promulgating the rule must adding paragraph (c)(465) to read as EPA is taking these actions because the
submit a rule report, which includes a follows: SIP revisions meet the applicable
copy of the rule, to each House of the statutory and regulatory requirements
§ 52.220 Identification of plan. for such plans and related motor vehicle
Congress and to the Comptroller General
of the United States. EPA will submit a * * * * * emissions budgets and because the area
(c) * * * meets the Clean Air Act requirements
report containing this action and other
(465) New regulation for the following for redesignation of nonattainment areas
required information to the U.S. Senate,
APCD was submitted on July 15, 2015 to attainment.
the U.S. House of Representatives, and
by the Governor’s designee.
the Comptroller General of the United DATES: This rule is effective on January
(i) Incorporation by reference.
States prior to publication of the rule in 7, 2016.
(A) Placer County Air Pollution
the Federal Register. A major rule
Control District. ADDRESSES: The EPA has established a
cannot take effect until 60 days after it (1) ‘‘Ozone Emergency Episode Plan,’’ docket for this action under Docket ID
is published in the Federal Register. adopted on June 11, 2015. Number EPA–R09–OAR–2015–0633.
This action is not a ‘‘major rule’’ as
[FR Doc. 2015–30831 Filed 12–7–15; 8:45 am] Generally, documents in the docket for
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean BILLING CODE 6560–50–P this action are available electronically at
Air Act, petitions for judicial review of www.regulations.gov and in hard copy
this action must be filed in the United at the EPA Region IX, 75 Hawthorne
States Court of Appeals for the ENVIRONMENTAL PROTECTION Street, San Francisco, California. While
appropriate circuit by February 8, 2016. AGENCY all documents in the docket are listed at
Filing a petition for reconsideration by www.regulations.gov, some information
40 CFR Parts 52 and 81 may be publicly available only at the
the Administrator of this final rule does
not affect the finality of this action for [EPA–R09–OAR–2015–0633; FRL–9939–48– hard copy location (e.g., copyrighted
the purposes of judicial review nor does Region 9] material, large maps), and some may not
it extend the time within which a be publicly available in either location
petition for judicial review may be filed, PM10 Plans and Redesignation (e.g., confidential business information
and shall not postpone the effectiveness Request; Truckee Meadows, Nevada; or ‘‘CBI’’). To inspect the hard copy
of such rule or action. Parties with Deletion of TSP Area Designation materials, please schedule an
objections to this direct final rule are appointment during normal business
AGENCY: Environmental Protection hours with the contact listed in the FOR
encouraged to file a comment in Agency (EPA).
Lhorne on DSK9F6TC42PROD with RULES
FURTHER INFORMATION CONTACT section.
response to the parallel notice of ACTION: Final rule.
proposed rulemaking for this action FOR FURTHER INFORMATION CONTACT: John
published in the Proposed Rules section SUMMARY: The Environmental Protection Ungvarsky, Air Planning Office (AIR–2),
of today’s Federal Register, rather than Agency (EPA) is taking final action to U.S. Environmental Protection Agency,
file an immediate petition for judicial approve two revisions to the Nevada Region IX, (415) 972–3963,
review of this direct final rule, so that state implementation plan. The first ungvarsky.john@epa.gov.
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Document Created: 2015-12-14 13:27:10
Document Modified: 2015-12-14 13:27:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on February 8, 2016 without further notice, unless the EPA receives adverse comments by January 7, 2016. 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. | |
| Contact | Vanessa Graham, EPA Region IX, (415) 947-4120 [email protected] | |
| FR Citation | 80 FR 76230 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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