81 FR 24029 - Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 79 (April 25, 2016)
Federal Register Volume 81, Issue 79 (April 25, 2016)
| Page Range | 24029-24030 | |
| FR Document | 2016-09430 |
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)] [Rules and Regulations] [Pages 24029-24030] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09430] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0751; FRL-9944-38-Region 9] Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs), oxides of nitrogen (NOX ), and particulate matter (PM) from internal combustion engines. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on May 25, 2016. ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0751 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: Nicole Law, EPA Region IX, (415) 947- 4126, [email protected]. 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 December 2, 2015 (80 FR 75442), the EPA proposed to approve the following rule into the California SIP. ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Amended Submitted ---------------------------------------------------------------------------------------------------------------- SJVUAPCD............................ 4702 Internal Combustion 11/14/13 05/13/14 Engines. ---------------------------------------------------------------------------------------------------------------- We proposed to approve this rule because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. Because one document in the docket for the proposal was not listed in www.regulations.gov until after the comment period had closed, EPA reopened the comment period on February 12, 2016 for an additional 15 days to ensure the public had an opportunity to review and comment on all material in the docket. During both open comment periods, we received no comments. III. EPA Action No comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this rule 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 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 [[Page 24030]] 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 June 24, 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, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: March 17, 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)(350)(i)(C)(3) and (c)(441)(i)(D)(4) to read as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (350) * * * (i) * * * (C) * * * (3) Previously approved on January 10, 2008 in paragraph(c)(350)(i)(C)(1) of this section and now deleted with replacement in paragraph (c)(441)(i)(D)(4), Rule 4702, ``Internal Combustion Engines,'' amended on January 18, 2007. * * * * * (441) * * * (i) * * * (D) * * * (4) Rule 4702, ``Internal Combustion Engines,'' amended on November 14, 2013. * * * * * [FR Doc. 2016-09430 Filed 4-22-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 24029
Name of non-regulatory SIP State submittal
Applicable geographic area EPA approval date Additional explanation
revision date
* * * * * * *
2008 Lead Attainment Plan .... Lower Beaver Valley Area ..... 1/15/15 4/25/16, [Insert Federal Reg- See §§ 52.2036(aa) and
ister citation]. 52.2055(c).
* * * * * ENVIRONMENTAL PROTECTION San Francisco, California 94105–3901.
■ 3. Section 52.2036 is amended by AGENCY While all documents in the docket are
adding paragraph (aa) to read as follows: listed at http://www.regulations.gov,
40 CFR Part 52 some information may be publicly
§ 52.2036 Base year emissions inventory.
[EPA–R09–OAR–2015–0751; FRL–9944–38– available only at the hard copy location
* * * * * Region 9] (e.g., copyrighted material, large maps,
(aa) EPA approves as a revision to the multi-volume reports), and some may
Pennsylvania state implementation plan Approval of California Air Plan not be available in either location (e.g.,
the 2010 base year emissions inventory Revisions, San Joaquin Valley Unified
for the Lower Beaver Valley, confidential business information
Air Pollution Control District (CBI)). To inspect the hard copy
Pennsylvania nonattainment area for the
2008 lead NAAQS. This SIP revision AGENCY: Environmental Protection materials, please schedule an
was submitted by the Pennsylvania Agency (EPA). appointment during normal business
Department of Environmental Protection ACTION: Final rule. hours with the contact listed in the FOR
on January 15, 2015. This submittal FURTHER INFORMATION CONTACT section.
includes the 2010 base year emissions SUMMARY: The Environmental Protection
Agency (EPA) is taking final action to FOR FURTHER INFORMATION CONTACT:
inventory for all relevant sources in the Nicole Law, EPA Region IX, (415) 947–
Lower Beaver Valley nonattainment area approve a revision to the San Joaquin
Valley Unified Air Pollution Control 4126, Law.Nicole@epa.gov.
for the pollutant lead.
■ 4. Section 52.2055 is amended by
District (SJVUAPCD) portion of the SUPPLEMENTARY INFORMATION:
adding paragraph (c) to read as follows: California State Implementation Plan Throughout this document, ‘‘we,’’ ‘‘us’’
(SIP). This revision concerns emissions and ‘‘our’’ refer to the EPA.
§ 52.2055 Control strategy: Lead. of volatile organic compounds (VOCs),
* * * * * oxides of nitrogen (NOX), and Table of Contents
(c) EPA approves the state particulate matter (PM) from internal I. Proposed Action
implementation plan for the Lower combustion engines. We are approving II. Public Comments and EPA Responses
Beaver Valley, Pennsylvania a local rule that regulates these emission III. EPA Action
nonattainment area for the 2008 lead sources under the Clean Air Act (CAA IV. Incorporation by Reference
NAAQS. This SIP revision includes or the Act). V. Statutory and Executive Order Reviews
reasonably available control measures, DATES: This rule will be effective on
reasonably available control technology, May 25, 2016. I. Proposed Action
contingency measures, and an ADDRESSES: The EPA has established
attainment demonstration submitted by On December 2, 2015 (80 FR 75442),
docket number EPA–R09–OAR–2015– the EPA proposed to approve the
the Pennsylvania Department of 0751 for this action. Generally,
Environmental Protection on January following rule into the California SIP.
documents in the docket for this action
15, 2015. are available electronically at http://
[FR Doc. 2016–09432 Filed 4–22–16; 8:45 am] www.regulations.gov or in hard copy at
BILLING CODE 6560–50–P EPA Region IX, 75 Hawthorne Street,
Local agency Rule No. Rule title Amended Submitted
SJVUAPCD ................................... 4702 Internal Combustion Engines ........................................... 11/14/13 05/13/14
We proposed to approve this rule February 12, 2016 for an additional 15 IV. Incorporation by Reference
because we determined that it complied days to ensure the public had an
with the relevant CAA requirements. opportunity to review and comment on In this rule, the EPA is finalizing
Our proposed action contains more all material in the docket. During both regulatory text that includes
information on the rule and our open comment periods, we received no incorporation by reference. In
evaluation. comments. accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
II. Public Comments and EPA III. EPA Action incorporation by reference of the
Responses
SJVUAPCD rules described in the
jstallworth on DSK7TPTVN1PROD with RULES
The EPA’s proposed action provided No comments were submitted.
amendments to 40 CFR part 52 set forth
a 30-day public comment period. Therefore, as authorized in section
below. The EPA has made, and will
Because one document in the docket for 110(k)(3) of the Act, the EPA is fully
continue to make, these documents
the proposal was not listed in approving this rule into the California
available electronically through
www.regulations.gov until after the SIP.
www.regulations.gov and in hard copy
comment period had closed, EPA at the appropriate EPA office (see the
reopened the comment period on
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![24030 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
ADDRESSES section of this preamble for tribe has jurisdiction. In those areas of Subpart F—California
more information). Indian country, the rule does not have
tribal implications and will not impose ■ 2. Section 52.220 is amended by
V. Statutory and Executive Order adding paragraphs (c)(350)(i)(C)(3) and
substantial direct costs on tribal
Reviews (c)(441)(i)(D)(4) to read as follows:
governments or preempt tribal law as
Under the Clean Air Act, the specified by Executive Order 13175 (65
Administrator is required to approve a § 52.220 Identification of plan.
FR 67249, November 9, 2000).
SIP submission that complies with the The Congressional Review Act, 5 * * * * *
provisions of the Act and applicable U.S.C. 801 et seq., as added by the Small (c) * * *
federal regulations. 42 U.S.C. 7410(k); (350) * * *
Business Regulatory Enforcement
40 CFR 52.02(a). Thus, in reviewing SIP (i) * * *
Fairness Act of 1996, generally provides
submissions, the EPA’s role is to (C) * * *
that before a rule may take effect, the
approve state choices, provided that (3) Previously approved on January
agency promulgating the rule must
they meet the criteria of the Clean Air 10, 2008 in paragraph(c)(350)(i)(C)(1) of
submit a rule report, which includes a
Act. Accordingly, this action merely this section and now deleted with
copy of the rule, to each House of the
approves state law as meeting federal replacement in paragraph
Congress and to the Comptroller General
requirements and does not impose (c)(441)(i)(D)(4), Rule 4702, ‘‘Internal
of the United States. The EPA will
additional requirements beyond those Combustion Engines,’’ amended on
submit a report containing this action
imposed by state law. For that reason, January 18, 2007.
and other required information to the
this action: U.S. Senate, the U.S. House of * * * * *
• Is not a significant regulatory action Representatives, and the Comptroller (441) * * *
subject to review by the Office of General of the United States prior to (i) * * *
Management and Budget under publication of the rule in the Federal (D) * * *
Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect (4) Rule 4702, ‘‘Internal Combustion
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the Engines,’’ amended on November 14,
January 21, 2011); Federal Register. This action is not a 2013.
• does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. * * * * *
collection burden under the provisions 804(2). [FR Doc. 2016–09430 Filed 4–22–16; 8:45 am]
of the Paperwork Reduction Act (44 BILLING CODE 6560–50–P
Under section 307(b)(1) of the Clean
U.S.C. 3501 et seq.);
• is certified as not having a Air Act, petitions for judicial review of
significant economic impact on a this action must be filed in the United
ENVIRONMENTAL PROTECTION
substantial number of small entities States Court of Appeals for the
AGENCY
under the Regulatory Flexibility Act (5 appropriate circuit by June 24, 2016.
U.S.C. 601 et seq.); Filing a petition for reconsideration by 40 CFR Parts 52 and 81
• does not contain any unfunded the Administrator of this final rule does
not affect the finality of this action for [EPA–R06–OAR–2015–0852; FRL–9945–40–
mandate or significantly or uniquely Region 6]
affect small governments, as described the purposes of judicial review nor does
in the Unfunded Mandates Reform Act it extend the time within which a
Approval and Promulgation of
of 1995 (Pub. L. 104–4); petition for judicial review may be filed,
Implementation Plans; AR;
• does not have Federalism and shall not postpone the effectiveness
Redesignation of the Crittenden
implications as specified in Executive of such rule or action. This action may
County, 2008 8-Hour Ozone
Order 13132 (64 FR 43255, August 10, not be challenged later in proceedings to
Nonattainment Area to Attainment
1999); enforce its requirements (see section
• is not an economically significant 307(b)(2)). AGENCY: Environmental Protection
regulatory action based on health or List of Subjects in 40 CFR Part 52 Agency (EPA).
safety risks subject to Executive Order ACTION: Final rule.
13045 (62 FR 19885, April 23, 1997); Environmental protection, Air
• is not a significant regulatory action pollution control, Incorporation by SUMMARY: On December 10, 2015, the
subject to Executive Order 13211 (66 FR reference, Intergovernmental relations, State of Arkansas, through the Arkansas
28355, May 22, 2001); Nitrogen dioxide, Ozone, Particulate Department of Environment Quality
• is not subject to requirements of matter, Reporting and recordkeeping (ADEQ), submitted a request for the
Section 12(d) of the National requirements, Sulfur oxides, Volatile Environmental Protection Agency (EPA)
Technology Transfer and Advancement organic compounds. to redesignate the portion of Arkansas
Act of 1995 (15 U.S.C. 272 note) because Dated: March 17, 2016. that is within the Memphis, Tennessee-
application of those requirements would Mississippi-Arkansas (Memphis, TN-
Jared Blumenfeld,
be inconsistent with the Clean Air Act; MS-AR) 2008 8-hour ozone
Regional Administrator, Region IX.
and nonattainment area (hereafter referred to
• does not provide the EPA with the Part 52, Chapter I, Title 40 of the Code as the ‘‘Memphis, TN-MS-AR Area’’ or
discretionary authority to address, as of Federal Regulations is amended as ‘‘Area’’) and to approve a State
appropriate, disproportionate human follows: Implementation Plan (SIP) revision
health or environmental effects, using containing a maintenance plan for the
jstallworth on DSK7TPTVN1PROD with RULES
practicable and legally permissible PART 52—APPROVAL AND Area. EPA has determined that the
methods, under Executive Order 12898 PROMULGATION OF Memphis, TN-MS-AR Area is attaining
(59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS the 2008 8-hour ozone national ambient
In addition, the SIP is not approved air quality standards (NAAQS); is
to apply on any Indian reservation land ■ 1. The authority citation for part 52 approving the State’s plan for
or in any other area where the EPA or continues to read as follows: maintaining attainment of the 2008 8-
an Indian tribe has demonstrated that a Authority: 42 U.S.C. 7401 et seq. hour ozone NAAQS in the Area,
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Document Created: 2016-04-23 01:39:18
Document Modified: 2016-04-23 01:39:18
| 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 | Final rule. | |
| Dates | This rule will be effective on May 25, 2016. | |
| Contact | Nicole Law, EPA Region IX, (415) 947- 4126, [email protected] | |
| FR Citation | 81 FR 24029 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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