81_FR_4907 81 FR 4889 - Disapproval of California Air Plan Revisions, South Coast Air Quality Management District

81 FR 4889 - Disapproval of California Air Plan Revisions, South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 18 (January 28, 2016)

Page Range4889-4891
FR Document2016-01572

The Environmental Protection Agency (EPA) is finalizing disapproval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on November 24, 2015 and concerns rules regulating Vehicle Scrapping, Employee Trip Reduction, and procedures for the hearing board concerning variances and subpoenas. The submitted SCAQMD rules are discretionary and this disapproval does not reveal a deficiency in the SIP.

Federal Register, Volume 81 Issue 18 (Thursday, January 28, 2016) 
[Federal Register Volume 81, Number 18 (Thursday, January 28, 2016)]
[Rules and Regulations]
[Pages 4889-4891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01572]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0545; FRL-9941-72-Region 9]


Disapproval of California Air Plan Revisions, South Coast Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
disapproval of revisions to the South Coast Air Quality Management 
District (SCAQMD) portion of the California State Implementation Plan 
(SIP). This action was proposed in the Federal Register on November 24, 
2015 and concerns rules regulating Vehicle Scrapping, Employee Trip 
Reduction, and procedures for the hearing board concerning variances 
and subpoenas. The submitted SCAQMD rules are discretionary and this 
disapproval does not reveal a deficiency in the SIP.

DATES: Effective Date: This rule is effective on February 29, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0545 
for this action. Generally, documents in the docket for this action are 
available electronically at www.regulations.gov or in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94015-3901. 
While all documents in the docket are listed at www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), and some may not be 
publicly available in either location (e.g., CBI). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Idalia P[eacute]rez, EPA Region IX, 
(415) 972-3248, perez.idalia@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. Statutory and Executive Order Reviews

I. Proposed Action

    On November 24, 2015 (80 FR 73156), the EPA proposed to disapprove 
the following rules that were submitted for incorporation into the 
California SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                Adopted or
          Local agency                Rule #             Rule title              amended           Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..........................            1610  Old-Vehicle Scrapping...  05/09/97.........  06/03/97
SCAQMD..........................            2202  On-Road Motor Vehicle     10/09/98.........  06/03/99
                                                   Mitigation Options.
SCAQMD..........................           503.1  Ex Parte Petitions for    02/05/88.........  02/07/89
                                                   Variances.
SCAQMD..........................             504  Rules from which          01/05/90.........  05/13/91
                                                   Variances Are Not
                                                   Allowed.
SCAQMD..........................           511.1  Subpoenas...............  02/05/88.........  02/07/89
----------------------------------------------------------------------------------------------------------------

    We proposed to disapprove these rules because some rule provisions 
do not satisfy the requirements of section 110 and part D of the Act.
    We proposed to disapprove the SIP revision for Rule 1610 based at 
least in part on the following deficiencies:
    1. The Section (e)(2) requirement that engines of scrapped vehicles 
be destroyed is insufficiently federally enforceable for various 
reasons.
    2. The Section (f)(2)(A) requirement that the vehicle be registered 
for two years within SCAQMD is not fully enforceable by allowing the 
Executive Officer to approve different documentation.
    3. The Section (g) requirement of a visual and functional 
inspection of the vehicle has no recordkeeping requirements.
    4. There is no recordkeeping requirement to demonstrate compliance 
with the Section (g)(1) requirement that vehicles be driven under their 
own power to the scrapping site.
    5. There is no requirement to maintain records for the life of 
Mobile Source Emission Reduction Credits.
    We proposed to disapprove the SIP revision for Rule 2202 based at 
least in part on the following deficiencies:
    1. Per Section (f)(1), the rule relies on Regulation XVI, which is 
not currently in the SIP.
    2. Per Section (f)(3), the rule relies on the Air Quality 
Investment Program (Rule 2501), which is not currently in the SIP.
    3. Per Section (f)(4), the rule relies on emission reduction 
strategies approved on a case-by-case basis by the Executive Officer.
    4. Per Section (g)(4), the rule relies on vehicle miles travelled 
reduction programs approved on a case-by-case basis by the Executive 
Officer.
    We proposed to disapprove the SIP revision for Rules 503.1 and 504 
because they conflict with CAA sections 110(a) and (i) and fail to 
address that a state- or district-issued variance has no effect on 
enforcing the underlying federal requirement unless the variance is 
submitted to and approved by EPA as a SIP revision.
    We proposed to disapprove the SIP revision for Rule 511.1 to avoid 
potential conflict with EPA's independent authorities provided in CAA 
section 113, section 114 and elsewhere.
    Our proposed action contains more information on the basis for this 
rulemaking and on our evaluation of the submittal.

[[Page 4890]]

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

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 finalizing a full disapproval 
of the submitted rules. This final disapproval does not trigger 
sanctions or a requirement for the EPA to issue a federal 
implementation plan (FIP). Sanctions will not be imposed under CAA 
179(b) because the submittal of Rules 1610, 2202, 503.1, 504 and 511.1 
is discretionary (i.e., these rules are not required to be included in 
the SIP), and the EPA will not promulgate a FIP in this instance under 
CAA 110(c)(1) because the disapproval does not reveal a deficiency in 
the SIP for the area that such a FIP must correct. Specifically: (1) 
Rule 1610 is voluntary and only serves to provide for an alternative 
method of compliance for stationary and other emission sources subject 
to other District regulations that allow the use of credits as a 
compliance option; and (2) Rule 2202 is not a required CAA submittal 
because the CAA gives state and local agencies discretion, but does not 
require, employers ``to implement programs to reduce work-related 
vehicle trips and miles travelled by employees'' (see CAA section 
182(d)(1)(B)). Additionally, at this time, we have not credited 
emission reductions from Rules 1610 or 2202 in an approved SIP and we 
are not aware of a SCAQMD plan submitted to EPA that relies on emission 
reductions from these rules to fulfill a CAA requirement. Accordingly, 
the failure of the SCAQMD to adopt revisions to Rules 1610 and 2202 
would not adversely affect the SIP's compliance with the CAA's 
requirements, such as the requirements for section 182 ozone RACT, 
reasonable further progress, and attainment demonstrations. Rules 
503.1, 504 and 511.1 regulate hearing board procedures and do not 
control emission sources or otherwise generate emission reductions nor 
are they required elements of the SIP. Thus, EPA does not need to 
impose sanctions or promulgate a FIP upon their disapproval. Note that 
the submitted rules have been adopted by the SCAQMD, and a final 
disapproval by the EPA would not prevent the local agency from 
enforcing them or the revised versions of these rules subsequently 
adopted by SCAQMD as a matter of State law.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA, because this SIP disapproval does not in-and-of itself create 
any new information collection burdens, but simply disapproves certain 
State requirements for inclusion in the SIP.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This SIP 
disapproval does not in-and-of itself create any new requirements but 
simply disapproves certain State requirements for inclusion in the SIP.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action disapproves pre-existing requirements 
under State or local law, and imposes no new requirements. Accordingly, 
no additional costs to State, local, or tribal governments, or to the 
private sector, result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP revision that the EPA is 
disapproving would not 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, and will not impose substantial direct costs on 
tribal governments or preempt tribal law. Thus, Executive Order 13175 
does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because this SIP disapproval does not in-and-of 
itself create any new regulations, but simply disapproves certain State 
requirements for inclusion in the SIP.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

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, Volatile 
organic compounds.


[[Page 4891]]


    Dated: January 14, 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 52.242 is amended by adding paragraphs (a)(1)(iv), (v), 
(vi), (vii) and (viii) to read as follows:


Sec.  52.242  Disapproved rules and regulations.

    (a) * * *
    (1) * * *
    (iv) Rule 511.1, ``Subpoenas,'' submitted on February 7, 1989.
    (v) Rule 503.1, ``Ex Parte Petitions for Variances,'' submitted on 
February 7, 1989.
    (vi) Rule 504, ``Rules from which Variances Are Not Allowed,'' 
submitted on May 13, 1991.
    (vii) Rule 1610, ``Old-Vehicle Scrapping,'' submitted on June 3, 
1997.
    (viii) Rule 2202, ``On-Road Motor Vehicle Mitigation Options,'' 
submitted on June 3, 1999.
* * * * *
[FR Doc. 2016-01572 Filed 1-27-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations 4889 EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS State effective Name of source Order/Permit No. EPA Approval date Explanation date * * * * * * * (30) Americold Logistics, LLC 24-Hour Particulate Consent Judgment 14AP– 4/27/14 1/28/16, [insert Federal ........................ Matter (PM10) National Ambient Air Quality CC00036. Register citation]. (NAAQS) Consent Judgment. [FR Doc. 2016–01660 Filed 1–27–16; 8:45 am] action was proposed in the Federal some may not be publicly available in BILLING CODE 6560–50–P Register on November 24, 2015 and either location (e.g., CBI). To inspect the concerns rules regulating Vehicle hard copy materials, please schedule an Scrapping, Employee Trip Reduction, appointment during normal business ENVIRONMENTAL PROTECTION and procedures for the hearing board hours with the contact listed in the FOR AGENCY concerning variances and subpoenas. FURTHER INFORMATION CONTACT section. The submitted SCAQMD rules are FOR FURTHER INFORMATION CONTACT: 40 CFR Part 52 discretionary and this disapproval does Idalia Pérez, EPA Region IX, (415) 972– [EPA–R09–OAR–2015–0545; FRL–9941–72– not reveal a deficiency in the SIP. 3248, perez.idalia@epa.gov. Region 9] DATES: Effective Date: This rule is SUPPLEMENTARY INFORMATION: effective on February 29, 2016. Throughout this document, ‘‘we,’’ ‘‘us’’ Disapproval of California Air Plan ADDRESSES: The EPA has established and ‘‘our’’ refer to the EPA. Revisions, South Coast Air Quality docket number EPA–R09–OAR–2015– Management District 0545 for this action. Generally, Table of Contents AGENCY: Environmental Protection documents in the docket for this action I. Proposed Action Agency (EPA). are available electronically at II. Public Comments and EPA Responses ACTION: Final rule. www.regulations.gov or in hard copy at III. EPA Action EPA Region IX, 75 Hawthorne Street, IV. Statutory and Executive Order Reviews SUMMARY: The Environmental Protection San Francisco, California 94015–3901. Agency (EPA) is finalizing disapproval While all documents in the docket are I. Proposed Action of revisions to the South Coast Air listed at www.regulations.gov, some On November 24, 2015 (80 FR 73156), Quality Management District information may be publicly available the EPA proposed to disapprove the (SCAQMD) portion of the California only at the hard copy location (e.g., following rules that were submitted for State Implementation Plan (SIP). This copyrighted material, large maps), and incorporation into the California SIP. Adopted or Local agency Rule # Rule title Submitted amended SCAQMD .................................... 1610 Old-Vehicle Scrapping .................................................................... 05/09/97 .. 06/03/97 SCAQMD .................................... 2202 On-Road Motor Vehicle Mitigation Options .................................... 10/09/98 .. 06/03/99 SCAQMD .................................... 503.1 Ex Parte Petitions for Variances .................................................... 02/05/88 .. 02/07/89 SCAQMD .................................... 504 Rules from which Variances Are Not Allowed ............................... 01/05/90 .. 05/13/91 SCAQMD .................................... 511.1 Subpoenas ...................................................................................... 02/05/88 ... 02/07/89 We proposed to disapprove these with the Section (g)(1) requirement that We proposed to disapprove the SIP rules because some rule provisions do vehicles be driven under their own revision for Rules 503.1 and 504 not satisfy the requirements of section power to the scrapping site. because they conflict with CAA sections 110 and part D of the Act. 5. There is no requirement to 110(a) and (i) and fail to address that a We proposed to disapprove the SIP maintain records for the life of Mobile state- or district-issued variance has no revision for Rule 1610 based at least in Source Emission Reduction Credits. effect on enforcing the underlying part on the following deficiencies: We proposed to disapprove the SIP revision for Rule 2202 based at least in federal requirement unless the variance 1. The Section (e)(2) requirement that is submitted to and approved by EPA as engines of scrapped vehicles be part on the following deficiencies: 1. Per Section (f)(1), the rule relies on a SIP revision. destroyed is insufficiently federally Regulation XVI, which is not currently We proposed to disapprove the SIP enforceable for various reasons. in the SIP. revision for Rule 511.1 to avoid 2. The Section (f)(2)(A) requirement 2. Per Section (f)(3), the rule relies on that the vehicle be registered for two potential conflict with EPA’s the Air Quality Investment Program independent authorities provided in years within SCAQMD is not fully (Rule 2501), which is not currently in enforceable by allowing the Executive CAA section 113, section 114 and the SIP. Officer to approve different 3. Per Section (f)(4), the rule relies on elsewhere. documentation. Our proposed action contains more wgreen on DSK2VPTVN1PROD with RULES emission reduction strategies approved 3. The Section (g) requirement of a on a case-by-case basis by the Executive information on the basis for this visual and functional inspection of the Officer. rulemaking and on our evaluation of the vehicle has no recordkeeping 4. Per Section (g)(4), the rule relies on submittal. requirements. vehicle miles travelled reduction 4. There is no recordkeeping programs approved on a case-by-case requirement to demonstrate compliance basis by the Executive Officer. VerDate Sep<11>2014 17:24 Jan 27, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\28JAR1.SGM 28JAR1

4890 Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations II. Public Comments and EPA subsequently adopted by SCAQMD as a that the EPA is disapproving would not Responses matter of State law. apply on any Indian reservation land or in any other area where the EPA or an The EPA’s proposed action provided IV. Statutory and Executive Order Reviews Indian tribe has demonstrated that a a 30-day public comment period. During tribe has jurisdiction, and will not this period, we received no comments. Additional information about these impose substantial direct costs on tribal statutes and Executive Orders can be governments or preempt tribal law. III. EPA Action found at http://www2.epa.gov/laws- Thus, Executive Order 13175 does not No comments were submitted that regulations/laws-and-executive-orders. apply to this action. change our assessment of the rules as A. Executive Order 12866: Regulatory described in our proposed action. G. Executive Order 13045: Protection of Planning and Review and Executive Children From Environmental Health Therefore, as authorized in section Order 13563: Improving Regulation and 110(k)(3) of the Act, the EPA is Risks and Safety Risks Regulatory Review finalizing a full disapproval of the The EPA interprets Executive Order submitted rules. This final disapproval This action is not a significant regulatory action and was therefore not 13045 as applying only to those does not trigger sanctions or a regulatory actions that concern requirement for the EPA to issue a submitted to the Office of Management and Budget (OMB) for review. environmental health or safety risks that federal implementation plan (FIP). the EPA has reason to believe may Sanctions will not be imposed under B. Paperwork Reduction Act (PRA) disproportionately affect children, per CAA 179(b) because the submittal of the definition of ‘‘covered regulatory This action does not impose an Rules 1610, 2202, 503.1, 504 and 511.1 information collection burden under the action’’ in section 2–202 of the is discretionary (i.e., these rules are not PRA, because this SIP disapproval does Executive Order. This action is not required to be included in the SIP), and not in-and-of itself create any new subject to Executive Order 13045 the EPA will not promulgate a FIP in information collection burdens, but because this SIP disapproval does not this instance under CAA 110(c)(1) simply disapproves certain State in-and-of itself create any new because the disapproval does not reveal requirements for inclusion in the SIP. regulations, but simply disapproves a deficiency in the SIP for the area that C. Regulatory Flexibility Act (RFA) certain State requirements for inclusion such a FIP must correct. Specifically: (1) in the SIP. Rule 1610 is voluntary and only serves I certify that this action will not have to provide for an alternative method of a significant economic impact on a H. Executive Order 13211: Actions That compliance for stationary and other substantial number of small entities Significantly Affect Energy Supply, emission sources subject to other under the RFA. This action will not Distribution, or Use District regulations that allow the use of impose any requirements on small credits as a compliance option; and (2) This action is not subject to Executive entities. This SIP disapproval does not Rule 2202 is not a required CAA Order 13211, because it is not a in-and-of itself create any new submittal because the CAA gives state significant regulatory action under requirements but simply disapproves and local agencies discretion, but does Executive Order 12866. certain State requirements for inclusion not require, employers ‘‘to implement in the SIP. I. National Technology Transfer and programs to reduce work-related vehicle D. Unfunded Mandates Reform Act Advancement Act (NTTAA) trips and miles travelled by employees’’ (see CAA section 182(d)(1)(B)). (UMRA) Section 12(d) of the NTTAA directs Additionally, at this time, we have not This action does not contain any the EPA to use voluntary consensus credited emission reductions from Rules unfunded mandate as described in standards in its regulatory activities 1610 or 2202 in an approved SIP and we UMRA, 2 U.S.C. 1531–1538, and does unless to do so would be inconsistent are not aware of a SCAQMD plan not significantly or uniquely affect small with applicable law or otherwise submitted to EPA that relies on governments. This action disapproves impractical. The EPA believes that this emission reductions from these rules to pre-existing requirements under State or action is not subject to the requirements fulfill a CAA requirement. Accordingly, local law, and imposes no new of section 12(d) of the NTTAA because the failure of the SCAQMD to adopt requirements. Accordingly, no application of those requirements would revisions to Rules 1610 and 2202 would additional costs to State, local, or tribal be inconsistent with the CAA. not adversely affect the SIP’s governments, or to the private sector, compliance with the CAA’s result from this action. J. Executive Order 12898: Federal requirements, such as the requirements Actions To Address Environmental for section 182 ozone RACT, reasonable E. Executive Order 13132: Federalism Justice in Minority Populations and further progress, and attainment This action does not have federalism Low-Income Population demonstrations. Rules 503.1, 504 and implications. It will not have substantial 511.1 regulate hearing board procedures The EPA lacks the discretionary direct effects on the states, on the and do not control emission sources or authority to address environmental relationship between the national otherwise generate emission reductions justice in this rulemaking. government and the states, or on the nor are they required elements of the distribution of power and List of Subjects in 40 CFR Part 52 SIP. Thus, EPA does not need to impose responsibilities among the various sanctions or promulgate a FIP upon levels of government. Environmental protection, Air wgreen on DSK2VPTVN1PROD with RULES their disapproval. Note that the pollution control, Incorporation by submitted rules have been adopted by F. Executive Order 13175: Coordination reference, Intergovernmental relations, the SCAQMD, and a final disapproval With Indian Tribal Governments Nitrogen dioxide, Ozone, Particulate by the EPA would not prevent the local This action does not have tribal matter, Reporting and recordkeeping agency from enforcing them or the implications, as specified in Executive requirements, Volatile organic revised versions of these rules Order 13175, because the SIP revision compounds. VerDate Sep<11>2014 13:11 Jan 27, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\28JAR1.SGM 28JAR1

Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations 4891 Dated: January 14, 2016. ENVIRONMENTAL PROTECTION material, such as copyrighted material, Jared Blumenfeld, AGENCY is not placed on the Internet and will be Regional Administrator, Region IX. publicly available only in hard copy 40 CFR Part 52 form. Publicly available docket Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as [EPA–R06–OAR–2012–0434; FRL–9941–51– materials are available either follows: Region 6] electronically through www.regulations.gov or in hard copy at PART 52—APPROVAL AND Approval and Promulgation of the Air Planning Section (6MM–AA), PROMULGATION OF Implementation Plans; Louisiana Environmental Protection Agency, 1445 IMPLEMENTATION PLANS Ross Avenue, Suite 700, Dallas, Texas AGENCY: Environmental Protection ■ 1. The authority citation for Part 52 Agency (EPA). 75202–2733. The file will be made continues to read as follows: ACTION: Final rule. available by appointment for public inspection in the Region 6 FOIA Review Authority: 42 U.S.C. 7401 et seq. SUMMARY: The Environmental Protection Room between the hours of 8:30 a.m. Agency (EPA) is finalizing its proposal and 4:30 p.m. weekdays except for legal Subpart F—California to approve revisions to the State holidays. ■ 2. Section 52.242 is amended by Implementation Plan (SIP) for FOR FURTHER INFORMATION CONTACT: Mr. adding paragraphs (a)(1)(iv), (v), (vi), Louisiana. These rule revisions are the Alan Shar (6MM–AA), telephone (214) (vii) and (viii) to read as follows: 2007 General Revisions, and 2008–2010 Miscellaneous Rule Revisions to the SIP 665–2164, email shar.alan@epa.gov. § 52.242 Disapproved rules and that were submitted by the State of SUPPLEMENTARY INFORMATION: regulations. Louisiana. The overall intended (a) * * * Throughout this document ‘‘we,’’ outcome is to make the approved (1) * * * ‘‘us,’’ and ‘‘our’’ refer to EPA. Louisiana SIP consistent with current (iv) Rule 511.1, ‘‘Subpoenas,’’ Federal and State requirements. This I. Background submitted on February 7, 1989. action is in accordance with the federal (v) Rule 503.1, ‘‘Ex Parte Petitions for On November 5, 2015 (80 FR 68481) Clean Air Act (the Act). Variances,’’ submitted on February 7, we proposed to approve revision to the 1989. DATES: This rule is effective on February 29, 2016. Louisiana SIP that the Louisiana (vi) Rule 504, ‘‘Rules from which Department of Environmental Quality Variances Are Not Allowed,’’ submitted ADDRESSES: The EPA has established a (LDEQ) submitted to EPA on August 14, on May 13, 1991. docket for this action under Docket ID (vii) Rule 1610, ‘‘Old-Vehicle No. EPA–R06–OAR–2012–0434. All 2009, and August 29, 2013. Scrapping,’’ submitted on June 3, 1997. documents in the docket are listed on The Louisiana rule revisions (viii) Rule 2202, ‘‘On-Road Motor the www.regulations.gov Web site. submittals, corresponding Chapters, and Vehicle Mitigation Options,’’ submitted Although listed in the index, some type of action that we proposed are in on June 3, 1999. information is not publicly available, Table 1 below. * * * * * e.g., Confidential Business Information [FR Doc. 2016–01572 Filed 1–27–16; 8:45 am] or other information whose disclosure is BILLING CODE 6560–50–P restricted by statute. Certain other TABLE 1—SUBMITTALS, THEIR CORRESPONDING CHAPTERS, AND ACTION TYPE Revisions to LAC 33:III chapters Submittals Calendar year Action being acted upon Miscellaneous rules ................................. 2008–2010 7, 13 ........................................................ Proposed Approval. General revisions ..................................... 2007 1, 9, 11, 13, 14, 21, 22, 23, and 25 ........ Proposed Approval. On October 2, 2015 LDEQ submitted Certain provisions of the Louisiana II. Public Comments a letter withdrawing its revisions to SIP (§§ 1107(A), 1507(A)(1), 1507(B)(1), Louisiana Administrative Code (LAC) 2153(B)(1)(i), 2201(C)(8), 2307(C)(1), The public comment period for the 33:III, Chapter 15. November 5, 2015 (80 FR 68481) and 2307(C)(2)) are affected by EPA’s The revisions to rules adopt the most proposal expired on December 7, 2015, June 12, 2015 National SIP Call (80 FR recent Particulate Matter standards and and we did not receive any comments 33967). Approval of amendments to on the proposed actions during this make numerous other administrative LAC 33:III, Chapters 11, 21, 22, and 23 and ministerial changes. As discussed period. Therefore, we are finalizing the here should not, in any way, be November 5, 2015 (80 FR 68481) in our proposal, there is no increase in construed as explicitly or implicitly proposal without any changes into the the amount of emissions or number of voiding or minimizing any concerns or Louisiana SIP. sources affected as a result of these ministerial or administrative rules inadequacies identified in EPA’s National SIP Call with respect to the III. Final Actions revisions; therefore, section 110(l) of the wgreen on DSK2VPTVN1PROD with RULES Act has been complied with. Details of above referenced provisions. We We are approving rule revisions to these submittals, their evaluation, and continue to expect that issues raised LAC 33:III, Chapter 1, section 111; individual chapter-specific conclusions within the context of the EPA’s National Chapter 7, sections 701, 703, and 711; were explained in our proposal, and its SIP Call to be addressed in a timely Chapter 9, sections 918, and 919; corresponding Technical Supporting fashion. See section 110(k)(5) of the Act. Chapter 11, sections 1105, and 1107; Document. Chapter 13, sections 1323, 1325, 1327, VerDate Sep<11>2014 13:11 Jan 27, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\28JAR1.SGM 28JAR1


Document Created: 2018-02-02 12:40:57
Document Modified: 2018-02-02 12:40:57
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.
DatesEffective Date: This rule is effective on February 29, 2016.
ContactIdalia P[eacute]rez, EPA Region IX, (415) 972-3248, [email protected]
FR Citation81 FR 4889 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds
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