81_FR_47440 81 FR 47300 - Approval of California Air Plan Revisions, El Dorado County Air Quality Management District

81 FR 47300 - Approval of California Air Plan Revisions, El Dorado County Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range47300-47302
FR Document2016-17177

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the El Dorado County Air Quality Management District (EDCAQMD) portion of the California State Implementation Plan (SIP). We are approving a local emergency episode plan that describes actions that EDCAQMD must take in the event of dangerously high ambient ozone concentrations levels under the Clean Air Act (CAA or the Act).

Federal Register, Volume 81 Issue 140 (Thursday, July 21, 2016)
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47300-47302]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17177]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0241; FRL-9948-08-Region 9]


Approval of California Air Plan Revisions, El Dorado County Air 
Quality Management 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 El Dorado County Air Quality 
Management District (EDCAQMD) portion of the California State 
Implementation Plan (SIP). We are approving a local emergency episode 
plan that describes actions that EDCAQMD must take in the event of 
dangerously high ambient ozone concentrations levels under the Clean 
Air Act (CAA or the Act).

DATES: This rule is effective on September 19, 2016 without further 
notice, unless the EPA receives adverse comments by August 22, 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 your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0241 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX, (415) 
947 4115, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What 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. 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 local air agency and submitted by the California 
Air Resources Board (CARB).

                                             Table 1--Submitted Plan
----------------------------------------------------------------------------------------------------------------
                Local agency                              Plan title                  Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
EDCAQMD....................................  Ozone Emergency Episode Plan.......        01/12/16        04/06/16
----------------------------------------------------------------------------------------------------------------

    On April 21, 2016, the EPA determined that EDCAQMD's Ozone 
Emergency Episode Plan submittal 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 EDCAQMD 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 section 110(a)(2) describes the contents 
required of such a plan that constitute the ``infrastructure'' of a 
state's air quality management program. The EDCAQMD Ozone Emergency 
Episode Plan is intended to fulfill the CAA Sec.  110(a)(2)(G) 
infrastructure SIP requirement.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the plan?

    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 of CAA section 
110(a)(2)(G) and EPA's implementing regulations 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.

[[Page 47301]]

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 August 22, 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 September 19, 2016. This will incorporate the 
plan into the federally enforceable SIP.
    Please note that if the EPA receives adverse comment on an 
amendment, paragraph, or section of this plan and if that provision may 
be severed from the remainder of the plan, the EPA may adopt as final 
those provisions of the plan that are not the subject of an adverse 
comment.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
EDCAQMD plan 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 U.S. Environmental Protection Agency Region IX (AIR4), 75 Hawthorne 
Street, San Francisco, CA, 94105-3901.]

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 19, 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 the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. This action may not be challenged 
later in proceedings to enforce its requirements (see section 
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Dated: June 13, 2016.
Alexis Strauss,
Acting 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 add ing paragraph (c)(473) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (473) A new regulation for the following AQMD was submitted on 
April 6, 2016 by the Governor's designee.
    (i) Incorporation by reference.

[[Page 47302]]

    (A) El Dorado County Air Quality Management District.
    (1) ``Ozone Emergency Episode Plan,'' adopted January 12, 2016.
* * * * *
[FR Doc. 2016-17177 Filed 7-20-16; 8:45 am]
BILLING CODE 6560-50-P



                                           47300                 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations

                                           Adobe Acrobat Reader, which is                                 (SIP). We are approving a local                               submission (i.e. on the web, cloud, or
                                           available free at the site.                                    emergency episode plan that describes                         other file sharing system). For
                                             You may also access documents of the                         actions that EDCAQMD must take in the                         additional submission methods, please
                                           Department published in the Federal                            event of dangerously high ambient                             contact the person identified in the FOR
                                           Register by using the article search                           ozone concentrations levels under the                         FURTHER INFORMATION CONTACT section.
                                           feature at: www.federalregister.gov.                           Clean Air Act (CAA or the Act).                               For the full EPA public comment policy,
                                           Specifically, through the advanced                             DATES: This rule is effective on                              information about CBI or multimedia
                                           search feature at this site, you can limit                     September 19, 2016 without further                            submissions, and general guidance on
                                           your search to documents published by                          notice, unless the EPA receives adverse                       making effective comments, please visit
                                           the Department.                                                comments by August 22, 2016. If we                            http://www2.epa.gov/dockets/
                                             Dated: July 18, 2016.                                        receive such comments, we will publish                        commenting-epa-dockets.
                                           Sue Swenson,                                                   a timely withdrawal in the Federal                            FOR FURTHER INFORMATION CONTACT:
                                           Acting Assistant Secretary for Special
                                                                                                          Register to notify the public that this                       Andrew Steckel, EPA Region IX, (415)
                                           Education and Rehabilitative Services.                         direct final rule will not take effect.                       947 4115, Steckel.Andrew@epa.gov.
                                           [FR Doc. 2016–17323 Filed 7–20–16; 8:45 am]                    ADDRESSES: Submit your comments,
                                                                                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                          identified by Docket ID No. EPA–R09–
                                           BILLING CODE 4000–01–P
                                                                                                          OAR–2016–0241 at http://                                      Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                                                                          www.regulations.gov, or via email to                          and ‘‘our’’ refer to the EPA.
                                                                                                          Steckel.Andrew@epa.gov. For comments                          Table of Contents
                                           ENVIRONMENTAL PROTECTION
                                                                                                          submitted at Regulations.gov, follow the
                                           AGENCY                                                                                                                       I. The State’s Submittal
                                                                                                          online instructions for submitting                               A. What plan did the State submit?
                                           40 CFR Part 52                                                 comments. Once submitted, comments                               B. Are there other versions of this plan?
                                                                                                          cannot be edited or removed from                                 C. What is the purpose of the submitted
                                           [EPA–R09–OAR–2016–0241; FRL–9948–08–                           Regulations.gov. For either manner of                               plan?
                                           Region 9]                                                      submission, the EPA may publish any                           II. The EPA’s Evaluation and Action
                                                                                                          comment received to its public docket.                           A. How is the EPA evaluating the plan?
                                           Approval of California Air Plan                                                                                                 B. Does the plan meet the evaluation
                                                                                                          Do not submit electronically any
                                           Revisions, El Dorado County Air                                                                                                    criteria?
                                                                                                          information you consider to be
                                           Quality Management District                                                                                                     C. Public Comment and Final Action
                                                                                                          Confidential Business Information (CBI)
                                                                                                                                                                        III. Incorporation by Reference
                                           AGENCY: Environmental Protection                               or other information whose disclosure is                      IV. Statutory and Executive Order Reviews
                                           Agency (EPA).                                                  restricted by statute. Multimedia
                                           ACTION: Direct final rule.                                     submissions (audio, video, etc.) must be                      I. The State’s Submittal
                                                                                                          accompanied by a written comment.                             A. What plan did the State submit?
                                           SUMMARY:   The Environmental Protection                        The written comment is considered the
                                           Agency (EPA) is taking direct final                            official comment and should include                             Table 1 lists the plan addressed by
                                           action to approve a revision to the El                         discussion of all points you wish to                          this action with the date that it was
                                           Dorado County Air Quality Management                           make. The EPA will generally not                              adopted by the local air agency and
                                           District (EDCAQMD) portion of the                              consider comments or comment                                  submitted by the California Air
                                           California State Implementation Plan                           contents located outside of the primary                       Resources Board (CARB).
                                                                                                                   TABLE 1—SUBMITTED PLAN
                                                         Local agency                                                                Plan title                                            Adopted        Submitted

                                           EDCAQMD .......................................   Ozone Emergency Episode Plan ..............................................................     01/12/16         04/06/16



                                             On April 21, 2016, the EPA                                   promulgation of a primary or secondary                        of CAA section 110(a)(2)(G) and EPA’s
                                           determined that EDCAQMD’s Ozone                                NAAQS, or any revision thereof, an                            implementing regulations found in 40
                                           Emergency Episode Plan submittal met                           infrastructure SIP revision that provides                     CFR part 51, subpart H (51.150 through
                                           the completeness criteria in 40 CFR part                       for the implementation, maintenance,                          51.153).
                                           51 Appendix V, which must be met                               and enforcement of such NAAQS. CAA                              Guidance that we used to evaluate
                                           before formal EPA review.                                      section 110(a)(2) describes the contents                      section 110(a)(2) CAA requirements
                                                                                                          required of such a plan that constitute                       includes: ‘‘Guidance Document for
                                           B. Are there other versions of this plan?
                                                                                                          the ‘‘infrastructure’’ of a state’s air                       Infrastructure State Implementation
                                             There are no previous versions of this                       quality management program. The                               Plan Elements under Clean Air Act
                                           plan adopted by EDCAQMD or                                     EDCAQMD Ozone Emergency Episode                               Sections 110(a)(1) and 110(a)(2)’’, EPA
                                           approved by EPA in the SIP.                                    Plan is intended to fulfill the CAA                           (September 2013).
                                                                                                          § 110(a)(2)(G) infrastructure SIP
                                           C. What is the purpose of the submitted                        requirement.                                                  B. Does the plan meet the evaluation
                                           plan?                                                                                                                        criteria?
                                                                                                          II. The EPA’s Evaluation and Action
                                             The CAA requires the EPA to                                                                                                  We believe this plan is consistent
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                                           establish National Ambient Air Quality                         A. How is the EPA evaluating the plan?                        with the relevant policy and guidance
                                           Standards (NAAQS) for Ozone and five                             SIPs must be enforceable (see CAA                           regarding enforceability, SIP relaxations
                                           other pollutants that are harmful to                           section 110(a)(2)) and SIP revisions are                      and infrastructure SIPs. The EPA’s
                                           public health and the environment.                             restricted in how they can relax                              technical support document (TSD) has
                                           Each state is required to submit to the                        approved SIPs. This plan must also                            more information about this plan and
                                           EPA, within three years after the                              meet the infrastructure SIP requirements                      our evaluation.


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                                                              Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations                                               47301

                                           C. Public Comment and Final Action                       Management and Budget under                           publication of the rule in the Federal
                                             As authorized in section 110(k)(3) of                  Executive Orders 12866 (58 FR 51735,                  Register. A major rule cannot take effect
                                           the Act, the EPA is fully approving the                  October 4, 1993) and 13563 (76 FR 3821,               until 60 days after it is published in the
                                           submitted plan because we believe it                     January 21, 2011);                                    Federal Register. This action is not a
                                           fulfills all relevant requirements. We do                   • does not impose an information                   ‘‘major rule’’ as defined by 5 U.S.C.
                                           not think anyone will object to this                     collection burden under the provisions                804(2).
                                           approval, so we are finalizing it without                of the Paperwork Reduction Act (44                      Under section 307(b)(1) of the Clean
                                           proposing it in advance. However, in                     U.S.C. 3501 et seq.);                                 Air Act, petitions for judicial review of
                                           the Proposed Rules section of this                          • is certified as not having a                     this action must be filed in the United
                                           Federal Register, we are simultaneously                  significant economic impact on a                      States Court of Appeals for the
                                           proposing approval of the same                           substantial number of small entities                  appropriate circuit by September 19,
                                           submitted plan. If we receive adverse                    under the Regulatory Flexibility Act (5               2016. Filing a petition for
                                           comments by August 22, 2016, we will                     U.S.C. 601 et seq.);                                  reconsideration by the Administrator of
                                           publish a timely withdrawal in the                          • does not contain any unfunded                    this final rule does not affect the finality
                                           Federal Register to notify the public                    mandate or significantly or uniquely                  of this action for the purposes of judicial
                                           that the direct final approval will not                  affect small governments, as described                review nor does it extend the time
                                           take effect and we will address the                      in the Unfunded Mandates Reform Act                   within which a petition for judicial
                                           comments in a subsequent final action                    of 1995 (Pub. L. 104–4);                              review may be filed, and shall not
                                                                                                       • does not have Federalism                         postpone the effectiveness of such rule
                                           based on the proposal. If we do not
                                                                                                    implications as specified in Executive                or action. Parties with objections to this
                                           receive timely adverse comments, the
                                                                                                    Order 13132 (64 FR 43255, August 10,                  direct final rule are encouraged to file a
                                           direct final approval will be effective
                                           without further notice on September 19,                  1999);                                                comment in response to the parallel
                                                                                                       • is not an economically significant               notice of proposed rulemaking for this
                                           2016. This will incorporate the plan into
                                                                                                    regulatory action based on health or                  action published in the Proposed Rules
                                           the federally enforceable SIP.
                                             Please note that if the EPA receives                   safety risks subject to Executive Order               section of today’s Federal Register,
                                           adverse comment on an amendment,                         13045 (62 FR 19885, April 23, 1997);                  rather than file an immediate petition
                                                                                                       • is not a significant regulatory action           for judicial review of this direct final
                                           paragraph, or section of this plan and if
                                                                                                    subject to Executive Order 13211 (66 FR               rule, so that the EPA can withdraw this
                                           that provision may be severed from the
                                                                                                    28355, May 22, 2001);                                 direct final rule and address the
                                           remainder of the plan, the EPA may
                                                                                                       • is not subject to requirements of
                                           adopt as final those provisions of the                                                                         comment in the proposed rulemaking.
                                                                                                    Section 12(d) of the National
                                           plan that are not the subject of an                                                                            This action may not be challenged later
                                                                                                    Technology Transfer and Advancement
                                           adverse comment.                                                                                               in proceedings to enforce its
                                                                                                    Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                          requirements (see section 307(b)(2)).
                                           III. Incorporation by Reference                          application of those requirements would
                                              In this rule, the EPA is finalizing                   be inconsistent with the Clean Air Act;               List of Subjects in 40 CFR Part 52
                                           regulatory text that includes                            and                                                     Environmental protection, Air
                                           incorporation by reference. In                              • does not provide the EPA with the                pollution control, Incorporation by
                                           accordance with requirements of 1 CFR                    discretionary authority to address, as                reference, Intergovernmental relations,
                                           51.5, the EPA is finalizing the                          appropriate, disproportionate human                   Ozone, Reporting and recordkeeping
                                           incorporation by reference of the                        health or environmental effects, using                requirements.
                                           EDCAQMD plan described in the                            practicable and legally permissible
                                                                                                    methods, under Executive Order 12898                    Dated: June 13, 2016.
                                           amendments to 40 CFR part 52 set forth                                                                         Alexis Strauss,
                                           below. The EPA has made, and will                        (59 FR 7629, February 16, 1994).
                                                                                                       In addition, the SIP is not approved               Acting Regional Administrator, Region IX.
                                           continue to make, these documents
                                           available electronically through                         to apply on any Indian reservation land                 Part 52, Chapter I, Title 40 of the Code
                                           www.regulations.gov and in hard copy                     or in any other area where the EPA or                 of Federal Regulations is amended as
                                           at U.S. Environmental Protection                         an Indian tribe has demonstrated that a               follows:
                                           Agency Region IX (AIR4), 75 Hawthorne                    tribe has jurisdiction. In those areas of
                                                                                                    Indian country, the rule does not have                PART 52—APPROVAL AND
                                           Street, San Francisco, CA, 94105–3901.]
                                                                                                    tribal implications and will not impose               PROMULGATION OF
                                           IV. Statutory and Executive Order                        substantial direct costs on tribal                    IMPLEMENTATION PLANS
                                           Reviews                                                  governments or preempt tribal law as
                                                                                                    specified by Executive Order 13175 (65                ■ 1. The authority citation for part 52
                                             Under the Clean Air Act, the
                                                                                                    FR 67249, November 9, 2000).                          continues to read as follows:
                                           Administrator is required to approve a
                                           SIP submission that complies with the                       The Congressional Review Act, 5                        Authority: 42 U.S.C. 7401 et seq.
                                           provisions of the Act and applicable                     U.S.C. 801 et seq., as added by the Small
                                           federal regulations. 42 U.S.C. 7410(k);                  Business Regulatory Enforcement                       Subpart F—California
                                           40 CFR 52.02(a). Thus, in reviewing SIP                  Fairness Act of 1996, generally provides
                                                                                                                                                          ■ 2. Section 52.220 is amended by add
                                           submissions, the EPA’s role is to                        that before a rule may take effect, the
                                                                                                                                                          ing paragraph (c)(473) to read as
                                           approve state choices, provided that                     agency promulgating the rule must
                                                                                                                                                          follows:
                                           they meet the criteria of the Clean Air                  submit a rule report, which includes a
                                           Act. Accordingly, this action merely                     copy of the rule, to each House of the                § 52.220    Identification of plan.
                                           approves state law as meeting federal                    Congress and to the Comptroller General               *      *    *    *     *
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                                           requirements and does not impose                         of the United States. The EPA will                      (c) * * *
                                           additional requirements beyond those                     submit a report containing this action                  (473) A new regulation for the
                                           imposed by state law. For that reason,                   and other required information to the                 following AQMD was submitted on
                                           this action:                                             U.S. Senate, the U.S. House of                        April 6, 2016 by the Governor’s
                                             • Is not a significant regulatory action               Representatives, and the Comptroller                  designee.
                                           subject to review by the Office of                       General of the United States prior to                   (i) Incorporation by reference.


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                                           47302              Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations

                                             (A) El Dorado County Air Quality                       Confidential Business Information (CBI)               (SCAQMD). More information about the
                                           Management District.                                     or other information whose disclosure is              jurisdictional history of this area is
                                             (1) ‘‘Ozone Emergency Episode Plan,’’                  restricted by statute. Multimedia                     found in the EPA’s Technical Support
                                           adopted January 12, 2016.                                submissions (audio, video, etc.) must be              Document (TSD) accompanying this
                                           *     *    *    *    *                                   accompanied by a written comment.                     rulemaking.
                                           [FR Doc. 2016–17177 Filed 7–20–16; 8:45 am]              The written comment is considered the                   CARB has since submitted and the
                                           BILLING CODE 6560–50–P                                   official comment and should include                   EPA has approved into the California
                                                                                                    discussion of all points you wish to                  SIP a series of NSR rules for MDAQMD
                                                                                                    make. The EPA will generally not                      and SCAQMD referred to as Regulation
                                           ENVIRONMENTAL PROTECTION                                 consider comments or comment                          XIII. These rules supersede, among
                                           AGENCY                                                   contents located outside of the primary               other rules, Rules 213, 213.1, and 213.2.
                                                                                                    submission (i.e., on the web, cloud, or               This rulemaking action clarifies the
                                           40 CFR Part 52                                           other file sharing system). For                       applicable NSR rules for the Mojave
                                           [EPA–R09–OAR–2015–0583; FRL–9949–24–                     additional submission methods, please                 Desert air district by removing from the
                                           Region 9]                                                contact the person identified in the FOR              Mojave Desert portion of the California
                                                                                                    FURTHER INFORMATION CONTACT section.                  SIP RCAPCD Rules 213, 213.1, and
                                           Approval of California Air Plan                          For the full EPA public comment policy,               213.2 and SBCAPCD Rules 213, 213.1,
                                           Revisions, Mojave Desert Air Quality                     information about CBI or multimedia                   and 213.2.
                                           Management District, Riverside County                    submissions, and general guidance on                    RCAPCD Rules 203.1, 203.2, and
                                           Air Pollution Control District, and San                  making effective comments, please visit               213.3 and SBCAPCD Rules 203.1, 203.2,
                                           Bernardino County Air Pollution                          http://www2.epa.gov/dockets/                          and 213.3 also address NSR
                                           Control District                                         commenting-epa-dockets.                               requirements. However, we can find no
                                                                                                    FOR FURTHER INFORMATION CONTACT:                      evidence that RCAPCD Rules 203.1,
                                           AGENCY: Environmental Protection
                                           Agency (EPA).                                            Laura Lawrence, EPA Region IX, (415)                  203.2, and 213.3 and SBCAPCD Rules
                                                                                                    972–3407, lawrence.laura@epa.gov.                     203.1, 203.2, and 213.3 were ever
                                           ACTION: Direct final rule.
                                                                                                    SUPPLEMENTARY INFORMATION:                            submitted for SIP approval.
                                           SUMMARY:    The Environmental Protection                 Throughout this document, ‘‘we,’’ ‘‘us,’’             Consequently, we are taking no action
                                           Agency (EPA) is taking direct final                      and ‘‘our’’ refer to the EPA.                         on the rescission of RCAPCD Rules
                                           action to approve rescissions from the                                                                         203.1, 203.2, and 213.3 and SBCAPCD
                                                                                                    Table of Contents
                                           Mojave Desert Air Quality Management                                                                           Rules 203.1, 203.2, and 213.3.
                                           District (MDAQMD) portion of the                         I. Background
                                                                                                    II. The State’s Submittal                             II. The State’s Submittal
                                           California State Implementation Plan
                                                                                                       A. What rules did the State submit for             A. What rules did the State submit for
                                           (SIP), as it applies to rules approved                         rescission?
                                           into the SIP for the Riverside County Air                                                                      rescission?
                                                                                                       B. What are the purposes of the submitted
                                           Pollution Control District (RCAPCD)                            rule rescissions?                                 MDAQMD rescinded Rules 203.1,
                                           and San Bernardino County Air                            III. Evaluation and Action                            203.2, 213, 213.1, 213.2, and 213.3 on
                                           Pollution Control District (SBCAPCD).                       A. How is the EPA evaluating the                   April 28, 2008, and CARB submitted the
                                           These revisions concern superseded                             rescission of the rules?
                                                                                                                                                          rescissions adopted by MDAQMD as a
                                           New Source Review (NSR) rules. We are                       B. Do the rule rescissions meet the
                                                                                                          evaluation criteria?                            revision to the California SIP on October
                                           approving the rescission of rules under                                                                        20, 2008. As noted above, these rules
                                           the Clean Air Act as amended in 1990                        C. Public Comment and Final Action
                                                                                                    IV. Statutory and Executive Order Reviews             had originally been adopted by RCAPCD
                                           (CAA or the Act).                                                                                              and SBCAPCD and approved by the
                                           DATES: This rule is effective on                         I. Background                                         EPA as part of the California SIP. More
                                           September 19, 2016 without further                          The California Air Resources Board                 than a decade later, when MDAQMD
                                           notice, unless the EPA receives adverse                  (CARB) submitted Riverside County Air                 was established, MDAQMD adopted the
                                           comments by August 22, 2016. If we                       Pollution Control District (RCAPCD)                   rules that had been adopted by the
                                           receive such comments, we will publish                   and San Bernardino County Air                         previous air pollution control district as
                                           a timely withdrawal in the Federal                       Pollution Control District (SBCAPCD)                  part of that agency’s initial set of rules
                                           Register to notify the public that this                  Rules 213, 213.1, and 213.2, which                    and regulations. MDAQMD’s submittal
                                           direct final rule will not take effect.                  address Clean Air Act (CAA)                           of the rescissions to CARB for submittal
                                           ADDRESSES: Submit your comments,                         requirements for New Source Review                    to the EPA make it clear that the
                                           identified by Docket ID No. EPA–R09–                     (NSR) programs, to the EPA on June 6,                 rescissions relate to the corresponding
                                           OAR–2015–0583 at http://                                 1977 for inclusion in the California SIP.             SIP rules from which the corresponding
                                           www.regulations.gov, or via email to                     The EPA approved RCAPCD Rules 213,                    MDAQMD rules derive. As such,
                                           R9AirPermits@epa.gov. For comments                       213.1, and 213.2 and SBCAPCD Rules                    CARB’s submittal of the rescission of
                                           submitted at Regulations.gov, follow the                 213, 213.1, and 213.2 into the SIP on                 MDAQMD Rules 203.1, 203.2, 213,
                                           online instructions for submitting                       November 9, 1978 (43 FR 52237). The                   213.1, 213.2, and 213.3 constitutes the
                                           comments. Once submitted, comments                       area under the jurisdiction of RCAPCD                 rescission of the corresponding SIP
                                           cannot be edited or removed from                         and SBCAPCD at the time these rules                   rules, i.e., RCAPCD Rules 203.1, 203.2,
                                           Regulations.gov. For either manner of                    were submitted is now under the                       213, 213.1, 213.2, and 213.3 and
                                           submission, the EPA may publish any                      jurisdiction of the Mojave Desert Air                 SBCAPCD Rules 203.1, 203.2, 213,
Lhorne on DSK30JT082PROD with RULES




                                           comment received to its public docket.                   Quality Management District                           213.1, 213.2, and 213.3. Table 1 lists
                                           Do not submit electronically any                         (MDAQMD) and the South Coast Air                      these rules, along with SIP approval
                                           information you consider to be                           Quality Management District                           dates (if any).




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Document Created: 2018-02-08 07:58:51
Document Modified: 2018-02-08 07:58:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on September 19, 2016 without further notice, unless the EPA receives adverse comments by August 22, 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.
ContactAndrew Steckel, EPA Region IX, (415) 947 4115, [email protected]
FR Citation81 FR 47300 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements

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