81_FR_17450 81 FR 17390 - Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District and South Coast Air Quality Management District

81 FR 17390 - Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District and South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 60 (March 29, 2016)

Page Range17390-17392
FR Document2016-06962

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) and the South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NO<INF>X</INF>) from fan-driven natural-gas-fired central furnaces for residences and businesses. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 81 Issue 60 (Tuesday, March 29, 2016)
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Rules and Regulations]
[Pages 17390-17392]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06962]



[[Page 17390]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0552; FRL-9943-40-Region9]


Approval of California Air Plan Revisions, San Joaquin Valley 
Unified Air Pollution Control District and South Coast Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the San Joaquin Valley Unified Air 
Pollution Control District (SJVUAPCD) and the South Coast Air Quality 
Management District (SCAQMD) portions of the California State 
Implementation Plan (SIP). These revisions concern emissions of oxides 
of nitrogen (NOX) from fan-driven natural-gas-fired central 
furnaces for residences and businesses. We are approving local rules 
that regulate these emission sources under the Clean Air Act (CAA or 
the Act).

DATES: These rules will be effective on April 28, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0552 
for this action. Generally, documents in the docket for this action are 
available electronically at http://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 http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (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: Kevin Gong, EPA Region IX, (415) 972 
3073, Gong.Kevin@epa.gov.

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On November 7, 2015 in 80 FR 68484, the EPA proposed to approve the 
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD...........................            4905  Natural-Gas-Fired, Fan-Type        01/22/15        04/07/15
                                                      Central Furnaces.
SCAQMD.............................            1111  Reduction of NOX Emissions         09/05/14        04/07/15
                                                      From Natural-Gas-Fired,
                                                      Fan-Type Central Furnaces.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rule because we determined that they 
complied with the relevant CAA requirements. Our proposed action 
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
On December 7, 2015, we received two emails from Harvey Eder 
representing the Public Solar Power Coalition (PSPC). One email 
included the subject line, ``FW: docket ID EPA-R09-2015-0552, Can,t 
Email You Again All of The Record from me HE/PSPC inc. into record by 
reference from 6/2014 etc. to today SC PM 2.5 SC SIP EPA-R09-OAR-2015-
0204 to Extreme.'' The second email included the subject line, ``FW: 
Part 3 of 3 there may be a Part 4/This isDocut ID EPA-R09-OAR-2015-
0552, emissions of NOX from fan-driven natural-gas-firedd 
furnaces for res & business SCD R1111/SJV 4905 +FRL-9936-70-Region 9 
(pt 1 & 2 also Inc This etc. Incorporate allfrom . . .'' We received an 
additional email from PSPC on December 9, 2015 labeled as ``part 1 of 
3,'' after the close of the comment period. We have summarized below 
the substance of the emailed comments from PSPC to the extent possible. 
The comments and our responses are as follows:
    Comment #1: PSPC listed several external sources in reference to 
our proposal. These included the following: Documents attributed to a 
California Superior Court case where PSPC was a plaintiff against the 
SCAQMD; references to information attributed to the International 
Energy Agency and the California Governor's Office of Planning and 
Research; documents previously submitted for comment in other EPA 
dockets (including EPA-R09-OAR-2015-0204); communications with local 
and federal officials; and Santa Cruz County and Los Angeles County 
planning documents. None of these documents were summarized or provided 
as attachments to comments on docket EPA-R09-OAR-2015-0552.
    Response #1: In PSPC's emails to the EPA, PSPC did not provide 
attachments or provide source materials supporting its claims. The 
emails attempted to incorporate by reference various news articles, 
reports, and other documents in support of PSPC's stated claims and 
assertions (see additional discussion in Comments #2 and #3). However, 
such a practice is in violation of EPA's commenting guidelines, 
available at http://www.epa.gov/dockets/commenting-epa-dockets#rules. 
In particular, the comments do not comply with the restriction that 
``EPA will not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system).'' \1\
---------------------------------------------------------------------------

    \1\ United States Environmental Protection Agency. ``Commenting 
on EPA Dockets--Rules and Restrictions.'' Last updated December 21, 
2015. http://www.epa.gov/dockets/commenting-epa-dockets.
---------------------------------------------------------------------------

    Moreover, submitting general documents on a topic fails to raise 
any particular issue with reasonable specificity as required by the 
Clean Air Act and the Administrative Procedures Act. See generally 
Mossville Envtl. Action Now v. EPA, 370 F.3d 1232, 1238 (D.C. Cir. 
2004) (``Petitioners also point to a sentence in the letter requesting 
the EPA to use `all reasonably available data, including the data 
provided under Subpart F.' Petitioners' argument that, because Subpart 
F contains data for both the ten and 400 ppm standards, the EPA was on 
notice fails for the same reasons as articulated above.'') Therefore, 
EPA is not making any changes to our proposed approval on the basis of 
this comment.
    Comment #2: PSPC commented that a range of solar-related 
technologies, including solar seasonal heating, concentrating solar, 
and photovoltaic-powered heating and cooling systems are an alternative 
to natural gas-fired home furnaces that are subject to this rule. PSPC 
claims that the EPA should

[[Page 17391]]

consider such technologies as RACT for space heating applications that 
are currently being fulfilled by furnaces.
    Response #2: The EPA can identify no CAA requirement in PSPC's 
comment emails that would require the consideration of solar-based 
technologies as RACT in this context, as all natural gas-fired fan-
driven furnaces subject to these rules do not meet the major source 
threshold triggering a RACT requirement for ozone. The SIP must still 
implement all RACM/RACT for NOX, but these requirements are 
generally evaluated in the context of a broader RACM/RACT assessment. 
Furthermore, the revisions to South Coast Rule 1111 that are the 
subject of this action do not include any substantive revisions 
concerning control technologies or emission limits that PSPC's comment 
would be germane to.
    Comment #3: PSPC made several additional claims including: The 
solar technologies as described would be RACT for other source 
categories, including boilers and heaters not subject to the rules in 
this action; and water tank-based solar seasonal storage heating has 
secondary use in firefighting and public safety applications following 
earthquakes.
    Response #3: These claims are not relevant to our analysis of the 
approval of the rules and we are finalizing our proposed approval 
without change.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving these rules 
into the California SIP.

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 the 
SCAQMD and SJVUAPCD rules 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).

V. 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 May 31, 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. 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, 
Reporting and recordkeeping requirements.

    Dated: February 4, 2016.
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 paragraphs (c)(344)(i)(C)(2), 
(c)(379)(i)(A)(6), (c)(461)(i)(C)(2) and (c)(461)(i)(D) to read as 
follows:

[[Page 17392]]

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (344) * * *
    (i) * * *
    (C) * * *
    (2) Previously approved on May 30, 2007 in paragraph 
(c)(344)(i)(C)(1) of this section and now deleted with replacement in 
paragraph (c)(461)(i)(D)(1), Rule 4905, ``Natural-Gas-Fired Fan-Type 
Central Furnaces,'' adopted on October 20, 2005.
* * * * *
    (379) * * *
    (i) * * *
    (A) * * *
    (6) Previously approved on August 4, 2010 in paragraph 
(c)(379)(i)(A)(3) of this section and now deleted with replacement in 
paragraph (c)(461)(i)(C)(2), Rule 1111, ``Reduction of NOX 
Emissions from Natural-Gas-Fired Fan-Type Central Furnaces,'' amended 
on November 6, 2009.
* * * * *
    (461) * * *
    (i) * * *
    (C) * * *
    (2) Rule 1111, ``Reduction of NOX Emissions From 
Natural-Gas-Fired, Fan-Type Central Furnaces,'' amended September 5, 
2014.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4905, ``Natural-Gas-Fired, Fan-Type Central Furnaces,'' 
amended January 22, 2015.
* * * * *
[FR Doc. 2016-06962 Filed 3-28-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                17390                 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations

                                                ENVIRONMENTAL PROTECTION                                      revisions concern emissions of oxides of            confidential business information
                                                AGENCY                                                        nitrogen (NOX) from fan-driven natural-             (CBI)). To inspect the hard copy
                                                                                                              gas-fired central furnaces for residences           materials, please schedule an
                                                40 CFR Part 52                                                and businesses. We are approving local              appointment during normal business
                                                                                                              rules that regulate these emission                  hours with the contact listed in the FOR
                                                [EPA–R09–OAR–2015–0552; FRL–9943–40–                          sources under the Clean Air Act (CAA                FURTHER INFORMATION CONTACT section.
                                                Region9]                                                      or the Act).                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                              DATES: These rules will be effective on             Kevin Gong, EPA Region IX, (415) 972
                                                Approval of California Air Plan
                                                                                                              April 28, 2016.                                     3073, Gong.Kevin@epa.gov.
                                                Revisions, San Joaquin Valley Unified
                                                Air Pollution Control District and South                      ADDRESSES: The EPA has established
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                Coast Air Quality Management District                         docket number EPA–R09–OAR–2015–                     Throughout this document, ‘‘we,’’ ‘‘us’’
                                                                                                              0552 for this action. Generally,                    and ‘‘our’’ refer to the EPA.
                                                AGENCY:  Environmental Protection                             documents in the docket for this action
                                                Agency (EPA).                                                 are available electronically at http://             Table of Contents
                                                ACTION: Final rule.                                           www.regulations.gov or in hard copy at              I. Proposed Action
                                                                                                              EPA Region IX, 75 Hawthorne Street,                 II. Public Comments and EPA Responses
                                                SUMMARY:   The Environmental Protection                       San Francisco, California 94105–3901.               III. EPA Action
                                                Agency (EPA) is taking final action to                        While all documents in the docket are               IV. Incorporation by Reference
                                                approve revisions to the San Joaquin                          listed at http://www.regulations.gov,               V. Statutory and Executive Order Reviews
                                                Valley Unified Air Pollution Control                          some information may be publicly
                                                                                                                                                                  I. Proposed Action
                                                District (SJVUAPCD) and the South                             available only at the hard copy location
                                                Coast Air Quality Management District                         (e.g., copyrighted material, large maps,              On November 7, 2015 in 80 FR 68484,
                                                (SCAQMD) portions of the California                           multi-volume reports), and some may                 the EPA proposed to approve the
                                                State Implementation Plan (SIP). These                        not be available in either location (e.g.,          following rules into the California SIP.

                                                           Local agency                      Rule No.                                      Rule title                               Amended            Submitted

                                                SJVUAPCD .............................                 4905    Natural-Gas-Fired, Fan-Type Central Furnaces ....................        01/22/15           04/07/15
                                                SCAQMD ................................                1111    Reduction of NOX Emissions From Natural-Gas-Fired, Fan-                  09/05/14           04/07/15
                                                                                                                Type Central Furnaces.



                                                  We proposed to approve these rule                           comments and our responses are as                   consider comments or comment
                                                because we determined that they                               follows:                                            contents located outside of the primary
                                                complied with the relevant CAA                                   Comment #1: PSPC listed several                  submission (i.e., on the web, cloud, or
                                                requirements. Our proposed action                             external sources in reference to our                other file sharing system).’’ 1
                                                contains more information on the rules                        proposal. These included the following:               Moreover, submitting general
                                                and our evaluation.                                           Documents attributed to a California                documents on a topic fails to raise any
                                                                                                              Superior Court case where PSPC was a                particular issue with reasonable
                                                II. Public Comments and EPA                                   plaintiff against the SCAQMD;                       specificity as required by the Clean Air
                                                Responses                                                     references to information attributed to             Act and the Administrative Procedures
                                                                                                              the International Energy Agency and the             Act. See generally Mossville Envtl.
                                                   The EPA’s proposed action provided
                                                                                                              California Governor’s Office of Planning            Action Now v. EPA, 370 F.3d 1232,
                                                a 30-day public comment period. On
                                                                                                              and Research; documents previously                  1238 (D.C. Cir. 2004) (‘‘Petitioners also
                                                December 7, 2015, we received two                                                                                 point to a sentence in the letter
                                                emails from Harvey Eder representing                          submitted for comment in other EPA
                                                                                                              dockets (including EPA–R09–OAR–                     requesting the EPA to use ‘all
                                                the Public Solar Power Coalition                                                                                  reasonably available data, including the
                                                                                                              2015–0204); communications with local
                                                (PSPC). One email included the subject                                                                            data provided under Subpart F.’
                                                                                                              and federal officials; and Santa Cruz
                                                line, ‘‘FW: docket ID EPA–R09–2015–                           County and Los Angeles County                       Petitioners’ argument that, because
                                                0552, Can,t Email You Again All of The                        planning documents. None of these                   Subpart F contains data for both the ten
                                                Record from me HE/PSPC inc. into                              documents were summarized or                        and 400 ppm standards, the EPA was on
                                                record by reference from 6/2014 etc. to                       provided as attachments to comments                 notice fails for the same reasons as
                                                today SC PM 2.5 SC SIP EPA–R09–                               on docket EPA–R09–OAR–2015–0552.                    articulated above.’’) Therefore, EPA is
                                                OAR–2015–0204 to Extreme.’’ The                                  Response #1: In PSPC’s emails to the             not making any changes to our proposed
                                                second email included the subject line,                       EPA, PSPC did not provide attachments               approval on the basis of this comment.
                                                ‘‘FW: Part 3 of 3 there may be a Part 4/                      or provide source materials supporting                Comment #2: PSPC commented that a
                                                This isDocut ID EPA–R09–OAR–2015–                             its claims. The emails attempted to                 range of solar-related technologies,
                                                0552, emissions of NOX from fan-driven                        incorporate by reference various news               including solar seasonal heating,
                                                natural-gas-firedd furnaces for res &                         articles, reports, and other documents in           concentrating solar, and photovoltaic-
                                                business SCD R1111/SJV 4905 +FRL–                             support of PSPC’s stated claims and                 powered heating and cooling systems
                                                9936–70–Region 9 (pt 1 & 2 also Inc                           assertions (see additional discussion in            are an alternative to natural gas-fired
mstockstill on DSK4VPTVN1PROD with RULES




                                                This etc. Incorporate allfrom . . .’’ We                      Comments #2 and #3). However, such a                home furnaces that are subject to this
                                                received an additional email from PSPC                        practice is in violation of EPA’s                   rule. PSPC claims that the EPA should
                                                on December 9, 2015 labeled as ‘‘part 1                       commenting guidelines, available at
                                                of 3,’’ after the close of the comment                        http://www.epa.gov/dockets/                            1 United States Environmental Protection Agency.

                                                period. We have summarized below the                                                                              ‘‘Commenting on EPA Dockets—Rules and
                                                                                                              commenting-epa-dockets#rules. In                    Restrictions.’’ Last updated December 21, 2015.
                                                substance of the emailed comments                             particular, the comments do not comply              http://www.epa.gov/dockets/commenting-epa-
                                                from PSPC to the extent possible. The                         with the restriction that ‘‘EPA will not            dockets.



                                           VerDate Sep<11>2014     16:41 Mar 28, 2016     Jkt 238001   PO 00000   Frm 00030   Fmt 4700   Sfmt 4700   E:\FR\FM\29MRR1.SGM   29MRR1


                                                                   Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations                                               17391

                                                consider such technologies as RACT for                  federal regulations. 42 U.S.C. 7410(k);               specified by Executive Order 13175 (65
                                                space heating applications that are                     40 CFR 52.02(a). Thus, in reviewing SIP               FR 67249, November 9, 2000).
                                                currently being fulfilled by furnaces.                  submissions, the EPA’s role is to                        The Congressional Review Act, 5
                                                   Response #2: The EPA can identify no                 approve state choices, provided that                  U.S.C. 801 et seq., as added by the Small
                                                CAA requirement in PSPC’s comment                       they meet the criteria of the Clean Air               Business Regulatory Enforcement
                                                emails that would require the                           Act. Accordingly, this action merely                  Fairness Act of 1996, generally provides
                                                consideration of solar-based                            approves state law as meeting Federal                 that before a rule may take effect, the
                                                technologies as RACT in this context, as                requirements and does not impose                      agency promulgating the rule must
                                                all natural gas-fired fan-driven furnaces               additional requirements beyond those                  submit a rule report, which includes a
                                                subject to these rules do not meet the                  imposed by state law. For that reason,                copy of the rule, to each House of the
                                                major source threshold triggering a                     this action:                                          Congress and to the Comptroller General
                                                RACT requirement for ozone. The SIP                     • Is not a significant regulatory action              of the United States. The EPA will
                                                must still implement all RACM/RACT                        subject to review by the Office of                  submit a report containing this action
                                                for NOX, but these requirements are                       Management and Budget under                         and other required information to the
                                                generally evaluated in the context of a                   Executive Orders 12866 (58 FR 51735,                U.S. Senate, the U.S. House of
                                                broader RACM/RACT assessment.                             October 4, 1993) and 13563 (76 FR                   Representatives, and the Comptroller
                                                Furthermore, the revisions to South                       3821, January 21, 2011);                            General of the United States prior to
                                                Coast Rule 1111 that are the subject of                 • does not impose an information                      publication of the rule in the Federal
                                                this action do not include any                            collection burden under the                         Register. A major rule cannot take effect
                                                substantive revisions concerning control                  provisions of the Paperwork                         until 60 days after it is published in the
                                                technologies or emission limits that                      Reduction Act (44 U.S.C. 3501 et                    Federal Register. This action is not a
                                                PSPC’s comment would be germane to.                       seq.);                                              ‘‘major rule’’ as defined by 5 U.S.C.
                                                   Comment #3: PSPC made several
                                                                                                        • is certified as not having a significant            804(2).
                                                additional claims including: The solar
                                                                                                          economic impact on a substantial                       Under section 307(b)(1) of the Clean
                                                technologies as described would be
                                                                                                          number of small entities under the                  Air Act, petitions for judicial review of
                                                RACT for other source categories,
                                                                                                          Regulatory Flexibility Act (5 U.S.C.                this action must be filed in the United
                                                including boilers and heaters not subject
                                                                                                          601 et seq.);                                       States Court of Appeals for the
                                                to the rules in this action; and water
                                                tank-based solar seasonal storage                       • does not contain any unfunded                       appropriate circuit by May 31, 2016.
                                                                                                          mandate or significantly or uniquely                Filing a petition for reconsideration by
                                                heating has secondary use in firefighting
                                                                                                          affect small governments, as described              the Administrator of this final rule does
                                                and public safety applications following
                                                                                                          in the Unfunded Mandates Reform                     not affect the finality of this action for
                                                earthquakes.
                                                                                                          Act of 1995 (Pub. L. 104–4);                        the purposes of judicial review nor does
                                                   Response #3: These claims are not
                                                relevant to our analysis of the approval                • does not have Federalism                            it extend the time within which a
                                                                                                          implications as specified in Executive              petition for judicial review may be filed,
                                                of the rules and we are finalizing our
                                                                                                          Order 13132 (64 FR 43255, August 10,                and shall not postpone the effectiveness
                                                proposed approval without change.
                                                                                                          1999);                                              of such rule or action. This action may
                                                III. EPA Action                                         • is not an economically significant                  not be challenged later in proceedings to
                                                   No comments were submitted that                        regulatory action based on health or                enforce its requirements (see section
                                                change our assessment of the rules as                     safety risks subject to Executive Order             307(b)(2)).
                                                described in our proposed action.                         13045 (62 FR 19885, April 23, 1997);                List of Subjects in 40 CFR Part 52
                                                Therefore, as authorized in section                     • is not a significant regulatory action
                                                110(k)(3) of the Act, the EPA is fully                    subject to Executive Order 13211 (66                  Environmental protection, Air
                                                approving these rules into the California                 FR 28355, May 22, 2001);                            pollution control, Incorporation by
                                                SIP.                                                    • is not subject to requirements of                   reference, Intergovernmental relations,
                                                                                                          Section 12(d) of the National                       Nitrogen dioxide, Ozone, Reporting and
                                                IV. Incorporation by Reference                                                                                recordkeeping requirements.
                                                                                                          Technology Transfer and
                                                  In this rule, the EPA is finalizing                     Advancement Act of 1995 (15 U.S.C.                    Dated: February 4, 2016.
                                                regulatory text that includes                             272 note) because application of those              Jared Blumenfeld,
                                                incorporation by reference. In                            requirements would be inconsistent                  Regional Administrator, Region IX.
                                                accordance with requirements of 1 CFR                     with the Clean Air Act; and
                                                51.5, the EPA is finalizing the                                                                                 Part 52, Chapter I, Title 40 of the Code
                                                                                                        • does not provide the EPA with the                   of Federal Regulations is amended as
                                                incorporation by reference of the                         discretionary authority to address, as
                                                SCAQMD and SJVUAPCD rules                                                                                     follows:
                                                                                                          appropriate, disproportionate human
                                                described in the amendments to 40 CFR                     health or environmental effects, using
                                                part 52 set forth below. The EPA has                                                                          PART 52—APPROVAL AND
                                                                                                          practicable and legally permissible
                                                made, and will continue to make, these                                                                        PROMULGATION OF
                                                                                                          methods, under Executive Order
                                                documents available electronically                                                                            IMPLEMENTATION PLANS
                                                                                                          12898 (59 FR 7629, February 16,
                                                through www.regulations.gov and in                        1994).
                                                hard copy at the appropriate EPA office                                                                       ■ 1. The authority citation for Part 52
                                                (see the ADDRESSES section of this                         In addition, the SIP is not approved               continues to read as follows:
                                                preamble for more information).                         to apply on any Indian reservation land                   Authority: 42 U.S.C. 7401 et seq.
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                                                                                                        or in any other area where the EPA or
                                                V. Statutory and Executive Order                        an Indian tribe has demonstrated that a               Subpart F—California
                                                Reviews                                                 tribe has jurisdiction. In those areas of
                                                  Under the Clean Air Act, the                          Indian country, the rule does not have                ■ 2. Section 52.220 is amended by
                                                Administrator is required to approve a                  tribal implications and will not impose               adding paragraphs (c)(344)(i)(C)(2),
                                                SIP submission that complies with the                   substantial direct costs on tribal                    (c)(379)(i)(A)(6), (c)(461)(i)(C)(2) and
                                                provisions of the Act and applicable                    governments or preempt tribal law as                  (c)(461)(i)(D) to read as follows:


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                                                17392              Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations

                                                § 52.220   Identification of plan.                      considering a number of factors,                      II. Background
                                                *      *     *     *    *                               including the risk of adverse human
                                                                                                        health or environmental effects,                      A. What action is the agency taking?
                                                   (c) * * *
                                                   (344) * * *                                          information needs for CDR processing                     This partial exemption eliminates an
                                                   (i) * * *                                            and use information, and the                          existing reporting requirement under 40
                                                   (C) * * *                                            availability of other sources of                      CFR 711.6(b)(2). EPA is adding the
                                                   (2) Previously approved on May 30,                   comparable processing and use                         following chemical substances to the list
                                                2007 in paragraph (c)(344)(i)(C)(1) of                  information.                                          of chemical substances that are exempt
                                                this section and now deleted with                                                                             from reporting the information
                                                replacement in paragraph                                DATES: This final rule is effective March
                                                                                                        29, 2016.                                             described in 40 CFR 711.15(b)(4): Fatty
                                                (c)(461)(i)(D)(1), Rule 4905, ‘‘Natural-                                                                      acids, C14–18 and C16–18 unsaturated,
                                                Gas-Fired Fan-Type Central Furnaces,’’                  ADDRESSES:    The docket for this action,             methyl esters (Chemical Abstract
                                                adopted on October 20, 2005.                            identified by docket identification (ID)              Services Registry Number (CASRN)
                                                *      *     *     *    *                               number EPA–HQ–OPPT–2014–0809, is                      67762–26–9); fatty acids, C16–18 and C–
                                                   (379) * * *                                          available at http://www.regulations.gov               18 unsaturated, methyl esters (CASRN
                                                   (i) * * *                                            or at the Office of Pollution Prevention              67762–38–3); fatty acids, canola oil,
                                                   (A) * * *                                            and Toxics Docket (OPPT Docket),                      methyl esters (CASRN 129828–16–6);
                                                   (6) Previously approved on August 4,                 Environmental Protection Agency                       fatty acids, corn oil, methyl esters
                                                2010 in paragraph (c)(379)(i)(A)(3) of                  Docket Center (EPA/DC), West William                  (CASRN 515152–40–6); fatty acids,
                                                this section and now deleted with                       Jefferson Clinton Bldg., Rm. 3334, 1301               tallow, methyl esters (CASRN 61788–
                                                replacement in paragraph                                Constitution Ave. NW., Washington,
                                                                                                                                                              61–2); and soybean oil, methyl esters
                                                (c)(461)(i)(C)(2), Rule 1111, ‘‘Reduction               DC. The Public Reading Room is open
                                                                                                                                                              (CASRN 67784–80–9). However, by
                                                of NOX Emissions from Natural-Gas-                      from 8:30 a.m. to 4:30 p.m., Monday
                                                Fired Fan-Type Central Furnaces,’’                                                                            existing terms at 40 CFR 711.6, this
                                                                                                        through Friday, excluding legal
                                                amended on November 6, 2009.                            holidays. The telephone number for the                partial exemption will become
                                                                                                        Public Reading Room is (202) 566–1744,                inapplicable to a subject chemical
                                                *      *     *     *    *
                                                                                                        and the telephone number for the OPPT                 substance in the event that the chemical
                                                   (461) * * *
                                                                                                        Docket is (202) 566–0280. Please review               substance later becomes the subject of a
                                                   (i) * * *
                                                                                                        the visitor instructions and additional               rule proposed or promulgated under
                                                   (C) * * *
                                                                                                        information about the docket available                section 4, 5(a)(2), 5(b)(4), or 6 of the
                                                   (2) Rule 1111, ‘‘Reduction of NOX
                                                Emissions From Natural-Gas-Fired, Fan-                  at http://www.epa.gov/dockets.                        Toxic Substances Control Act (TSCA);
                                                Type Central Furnaces,’’ amended                                                                              an enforceable consent agreement (ECA)
                                                                                                        FOR FURTHER INFORMATION CONTACT:    For               developed under the procedures of 40
                                                September 5, 2014.                                      technical information contact: Christina
                                                   (D) San Joaquin Valley Unified Air                                                                         CFR part 790; an order issued under
                                                                                                        Thompson, Chemical Control Division                   TSCA section 5(e) or 5(f); or relief that
                                                Pollution Control District.                             (7405M), Office of Pollution Prevention
                                                   (1) Rule 4905, ‘‘Natural-Gas-Fired,                                                                        has been granted under a civil action
                                                                                                        and Toxics, Environmental Protection                  under TSCA section 5 or 7.
                                                Fan-Type Central Furnaces,’’ amended                    Agency, 1200 Pennsylvania Ave. NW.,
                                                January 22, 2015.                                       Washington, DC 20460–0001; telephone                     In the January 27, 2015 Federal
                                                *      *     *     *    *                               number: (202) 564–0983; email address:                Register (80 FR 4482)(FRL–9921–56),
                                                [FR Doc. 2016–06962 Filed 3–28–16; 8:45 am]             thompson.christina@epa.gov.                           EPA published a direct final rule to add
                                                BILLING CODE 6560–50–P                                                                                        these six chemical substances to the list
                                                                                                          For general information contact: The
                                                                                                                                                              of chemical substances that are partially
                                                                                                        TSCA-Hotline, ABVI-Goodwill, 422
                                                                                                                                                              exempt from reporting additional
                                                ENVIRONMENTAL PROTECTION                                South Clinton Ave., Rochester, NY
                                                                                                                                                              information under the CDR rule. EPA
                                                AGENCY                                                  14620; telephone number: (202) 554–
                                                                                                        1404; email address: TSCA-Hotline@                    received one adverse comment that was
                                                                                                        epa.gov.                                              pertinent to all six of the chemical
                                                40 CFR Part 711
                                                                                                                                                              substances that were the subject of that
                                                [EPA–HQ–OPPT–2014–0809; FRL–9941–19]                    SUPPLEMENTARY INFORMATION:                            direct final rule. In accordance with the
                                                                                                                                                              procedures described in the January 27,
                                                Partial Exemption of Certain Chemical                   I. Does this action apply to me?                      2015 Federal Register document, EPA
                                                Substances From Reporting Additional                                                                          withdrew the direct final rule, and
                                                                                                          You may be potentially affected by
                                                Chemical Data                                                                                                 subsequently proposed to add the six
                                                                                                        this action if you manufacture (defined
                                                AGENCY:  Environmental Protection                       by statute at 15 U.S.C. 2602(7) to                    chemical substances to the list of
                                                Agency (EPA).                                           include import) the chemical substances               chemical substances that are partially
                                                                                                        contained in this rule. The North                     exempt from reporting additional
                                                ACTION: Final rule.
                                                                                                        American Industrial Classification                    information under the CDR rule in the
                                                SUMMARY:   EPA is amending the list of                  System (NAICS) codes provided here                    July 22, 2015 Federal Register (80 FR
                                                chemical substances that are partially                  are not intended to be exhaustive, but                43383) (FRL–9928–99). EPA received
                                                exempt from reporting additional                        rather provide a guide to help readers                one comment on the proposed rule.
                                                information under the Chemical Data                     determine whether this document                       Before taking final action, EPA
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                                                Reporting (CDR) rule. EPA has                           applies to them. Potentially affected                 considered both the comment it
                                                determined that, based on the totality of               entities may include chemical                         received in response to the direct final
                                                information available on the chemical                   manufacturers subject to CDR reporting                rule and the comment it received in
                                                substances listed in this final rule, there             of one or more subject chemical                       response to the proposed rule. A full
                                                is a low current interest in their CDR                  substances (NAICS codes 325 and                       discussion of EPA’s responses to these
                                                processing and use information. EPA                     324110), e.g., chemical manufacturing                 comments is included in Unit V. of this
                                                reached this conclusion after                           and petroleum refineries.                             document.


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Document Created: 2016-03-30 08:29:04
Document Modified: 2016-03-30 08:29:04
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
ActionFinal rule.
DatesThese rules will be effective on April 28, 2016.
ContactKevin Gong, EPA Region IX, (415) 972 3073, [email protected]
FR Citation81 FR 17390 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements

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