81_FR_50509 81 FR 50362 - Approval of California Air Plan Revisions, Modoc County Air Pollution Control District, Permit Programs

81 FR 50362 - Approval of California Air Plan Revisions, Modoc County Air Pollution Control District, Permit Programs

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range50362-50365
FR Document2016-18009

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Modoc County Air Pollution Control District (MCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern MCAPCD's administrative and procedural requirements to obtain preconstruction permits that regulate emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are approving local rules under the CAA.

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50362-50365]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18009]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0119; FRL-9948-26-Region 9]


Approval of California Air Plan Revisions, Modoc County Air 
Pollution Control District, Permit Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Modoc County Air Pollution 
Control District (MCAPCD) portion of the California State 
Implementation Plan (SIP). These revisions concern MCAPCD's 
administrative and procedural requirements to obtain preconstruction 
permits that regulate emission sources under the Clean Air Act as 
amended in 1990 (CAA or the Act). We are approving local rules under 
the CAA.

DATES: This rule is effective on September 30, 2016 without further 
notice, unless the EPA receives adverse comments by August 31, 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-2016-0119 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

[[Page 50363]]

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: Ya-Ting (Sheila) Tsai, EPA Region IX, 
(415) 972-3328, [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 rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules 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 rules did the State submit?

    Table 1 lists the rules under MCAPCD Regulation II, ``Permit 
System'' addressed by this action with the dates that they were adopted 
by the local air agency and submitted by the California Air Resources 
Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                    Adoption or
                  Rule No.                                Rule title              amendment date  Submittal date
----------------------------------------------------------------------------------------------------------------
2.3........................................  Transfers..........................       1/15/1989      12/31/1990
2.5........................................  Expiration of Applications.........       1/15/1989      12/31/1990
2.7........................................  Conditional Approval...............       1/15/1989      12/31/1990
2.10.......................................  Further Information................       1/15/1989      12/31/1990
----------------------------------------------------------------------------------------------------------------

    On February 28, 1991, the EPA determined that the submittal for the 
MCAPCD rules listed in Table 1 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 these rules?

    EPA approved the rules listed in Table 2 into the MCAPCD portion of 
the California SIP on the dates listed. When the rules listed in Table 
1 are approved by EPA, those rules will take the place of the existing 
SIP approved rules listed in Table 2.

                                           Table 2--SIP Approved Rules
----------------------------------------------------------------------------------------------------------------
                                                                                                      Federal
                  Rule No.                                Rule title               SIP approval      Register
                                                                                       date          citation
----------------------------------------------------------------------------------------------------------------
2.3........................................  Transfer...........................      09/22/1972     37 FR 19812
2.5........................................  Cancellation of Applications.......      09/22/1972     37 FR 19812
2.7 *......................................  Provision of Sampling and Testing        09/22/1972     37 FR 19812
                                              Facilities.
2.9 *......................................  Conditional Approval...............      09/22/1972     37 FR 19812
----------------------------------------------------------------------------------------------------------------
* Note: SIP approved Rule 2.7--Provision of Sampling and Testing Facilities will be replaced by newly submitted
  Rule 2.10 Further Information. SIP approved Rule 2.9--Conditional Approval will be replaced by submitted Rule
  2.7--Conditional Approval.

C. What is the purpose of the submitted rule revisions?

    Section 110(a) of the CAA requires States to submit regulations 
that will assure attainment and maintenance of the National Ambient 
Quality Air Quality Standards (NAAQS). These rules were developed as 
part of the local agency's general programmatic requirement to 
implement the requirement commonly referred to as the minor or general 
New Source Review (NSR) program. The revisions contained in the 
submitted rules listed in Table 1 are mostly administrative in nature. 
Rule 2.3 prohibits the transfer of an Authority to Construct or Permit 
to Operate without written approval. Rule 2.5 provides the timeline for 
an Authority to Construct or an application for a Permit to Operate to 
expire and/or be extended. Rule 2.7 is renumbered from Rule 2.9 and 
provides additional enforceability by clarifying that equipment cannot 
be operated contrary to permit conditions specified in the permit. Rule 
2.10 is a new rule that allows MCAPCD to require data, sampling, 
testing, and monitoring to determine a stationary source's emissions. 
There are no substantive relaxations to these rules.
    The TSD, which is available in the docket for today's rulemaking, 
has more information about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). The submitted rules are revisions

[[Page 50364]]

to existing SIP approved general NSR permit program requirements under 
40 CFR 51.160-51.164. The revisions are primarily administrative in 
nature (reformatting, providing additional clarity and enforceability).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. These changes 
are mostly administrative in nature and their approval will not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other CAA application requirement.
    The TSD, which is available in the docket for today's rulemaking, 
has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted rules because we believe they fulfill 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 rules. If we 
receive adverse comments by August 31, 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 30, 2016. This action will 
incorporate these rules into the federally enforceable SIP.
    Please note that if the EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, the EPA may adopt as final 
those provisions of the rule 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 
MCAPCD 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 U.S. Environmental Protection Agency Region IX (AIR-3), 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 30, 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements.


[[Page 50365]]


    Dated: June 15, 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 adding paragraphs (c)(6)(xi)(D), and 
(c)(182)(i)(F)(5), (6), (7), and (8) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (6) * * *
    (xi) * * *
    (D) Previously approved September 22, 1972 in paragraph (c)(6) of 
this section and now deleted with replacement in paragraph 
(c)(182)(i)(F)(5), (6), (7), and (8), Rule 2.3 ``Transfer,'' Rule 2.5 
``Cancellation of Application,'' Rule 2.7 ``Provision of Sampling and 
Testing Facilities,'' and Rule 2.9 ``Conditional Approval''.
* * * * *
    (182) * * *
    (i) * * *
    (F) * * *
    (5) Regulation II, ``Permit System,'' Rule 2.3 ``Transfers'' 
amended on January 15, 1989.
    (6) Regulation II, ``Permit System,'' Rule 2.5 ``Expiration of 
Applications'' amended on January 15, 1989.
    (7) Regulation II, ``Permit System,'' Rule 2.7 ``Conditional 
Approval'' amended on January 15, 1989.
    (8) Regulation II, ``Permit System,'' Rule 2.10 ``Further 
Information'' amended on January 15, 1989.
* * * * *
[FR Doc. 2016-18009 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P



                                              50362                Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations

                                                Dated: July 15, 2016.                                          Authority: 42 U.S.C. 7401 et seq.                   Transportation Conformity Budgets’’ at
                                              Shawn M. Garvin,                                                                                                     the end of the table to read as follows:
                                              Regional Administrator, Region III.                          Subpart V—Maryland
                                                  40 CFR part 52 is amended as follows:                                                                            § 52.1070    Identification of plan.
                                                                                                           ■  2. In § 52.1070, the table in paragraph              *       *    *      *     *
                                              PART 52—APPROVAL AND                                         (e) is amended by adding the entries
                                                                                                           ‘‘Serious Area Reasonable Further                           (e) * * *
                                              PROMULGATION OF
                                              IMPLEMENTATION PLANS                                         Progress (RFP) Plan and 2012 RFP
                                                                                                           Contingency Measures,’’ ‘‘Updates to
                                              ■ 1. The authority citation for part 52                      the 2002 Base Year Inventory for VOC,
                                              continues to read as follows:                                NOX and CO,’’ and ‘‘2012

                                                    Name of non-regulatory                                                              State submittal                                              Additional
                                                                                               Applicable geographic area                                          EPA approval date
                                                        SIP revision                                                                         date                                                   explanation


                                                       *                  *                               *                            *                       *                 *                       *
                                              Serious Area Reasonable Further              Baltimore 1997 8-hour ozone se-             July 22, 2013 ....    8/1/2016 [Insert Federal Reg-            § 52.1076(cc)
                                                Progress (RFP) Plan and 2012                 rious nonattainment area.                                         ister citation].
                                                RFP Contingency Measures.
                                              Updates to the 2002 Base Year                Baltimore 1997 8-hour ozone se-             July 22, 2013 ....    8/1/2016 [Insert Federal Reg-                § 52.1075(p)
                                                Inventory for VOC, NOX and                   rious nonattainment area.                                         ister citation].
                                                CO.
                                              2012 Transportation Conformity               Baltimore 1997 8-hour ozone se-             July 22, 2013 ....    8/1/2016 [Insert Federal Reg-           § 52.1076(dd)
                                                Budgets.                                     rious nonattainment area.                                         ister citation].



                                              ■ 3. Section 52.1075 is amended by                           inventories in the Area for the following               2012 RFP milestones, updates to the
                                              adding paragraph (p) to read as follows:                     pollutants: Volatile organic compounds                  2008 RFP milestones previously
                                                                                                           (VOC), carbon monoxide (CO) and                         approved by EPA under paragraph (q) of
                                              § 52.1075     Base year emissions inventory.                 nitrogen oxides (NOX).                                  this section, and contingency measures
                                              *     *    *      *     *                                    ■ 4. Section 52.1076 is amended by                      for failure to meet 2012 RFP, submitted
                                                (p) EPA approves, as a revision to the                     adding paragraphs (cc) and (dd) to read                 by the Secretary of the Maryland
                                              Maryland State Implementation Plan,                          as follows:                                             Department of the Environment on July
                                              updates to the 2002 base year emissions                                                                              22, 2013.
                                              inventories previously approved under                        § 52.1076 52.1076 Control strategy plans                  (dd) EPA approves the following 2012
                                              paragraph (i) of this section for the                        for attainment and rate-of-progress: Ozone.             RFP motor vehicle emissions budgets
                                              Baltimore 1997 8-hour ozone serious                          *     *    *     *     *                                (MVEBs) for the Baltimore 1997 8-hour
                                              nonattainment area (Area) submitted by                         (cc) EPA approves revisions to the                    ozone serious nonattainment area, in
                                              the Secretary of the Maryland                                Maryland State Implementation Plan                      tons per day (tpd) of volatile organic
                                              Department of the Environment on July                        consisting of the serious area reasonable               compounds (VOC) and nitrogen oxides
                                              22, 2013. This submittal consists of                         further progress (RFP) plan for the                     (NOX), submitted by the Secretary of the
                                              updated 2002 base year point, area, non-                     Baltimore 1997 8-hour ozone serious                     Maryland Department of the
                                              road mobile, and on-road mobile source                       nonattainment area, including 2011 and                  Environment on July 22, 2013:

                                                                             TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE BALTIMORE AREA
                                                                                                                                   VOC                    NOX          Effective date of adequacy determination or
                                                         Type of control strategy SIP                           Year               (tpd)                  (tpd)                        SIP approval

                                              Rate of Progress Plan ....................................        2012               40.2                   93.5         March 8, 2016 (81 FR 8711), published Feb-
                                                                                                                                                                        ruary 22, 2016.



                                              [FR Doc. 2016–17781 Filed 7–29–16; 8:45 am]                  ACTION:     Direct final rule.                          DATES:  This rule is effective on
                                              BILLING CODE 6560–50–P                                                                                               September 30, 2016 without further
                                                                                                           SUMMARY:   The Environmental Protection                 notice, unless the EPA receives adverse
                                                                                                           Agency (EPA) is taking direct final                     comments by August 31, 2016. If we
                                              ENVIRONMENTAL PROTECTION                                     action to approve revisions to the                      receive such comments, we will publish
                                              AGENCY                                                       Modoc County Air Pollution Control                      a timely withdrawal in the Federal
                                                                                                           District (MCAPCD) portion of the                        Register to notify the public that this
                                              40 CFR Part 52                                                                                                       direct final rule will not take effect.
                                                                                                           California State Implementation Plan
                                              [EPA–R09–OAR–2016–0119; FRL–9948–26–                         (SIP). These revisions concern                          ADDRESSES: Submit your comments,
sradovich on DSK3GMQ082PROD with RULES




                                              Region 9]                                                    MCAPCD’s administrative and                             identified by Docket ID No. EPA–R09–
                                                                                                           procedural requirements to obtain                       OAR–2016–0119 at http://
                                              Approval of California Air Plan
                                                                                                           preconstruction permits that regulate                   www.regulations.gov, or via email to
                                              Revisions, Modoc County Air Pollution
                                                                                                           emission sources under the Clean Air                    R9airpermits@epa.gov. For comments
                                              Control District, Permit Programs
                                                                                                           Act as amended in 1990 (CAA or the                      submitted at Regulations.gov, follow the
                                              AGENCY: Environmental Protection                             Act). We are approving local rules under                online instructions for submitting
                                              Agency (EPA).                                                the CAA.                                                comments. Once submitted, comments


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                                                                        Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations                                                                                   50363

                                              cannot be edited or removed from                                           additional submission methods, please                                         B. Are there other versions of these rules?
                                              Regulations.gov. For either manner of                                      contact the person identified in the FOR                                      C. What is the purpose of the submitted
                                              submission, the EPA may publish any                                        FURTHER INFORMATION CONTACT section.                                             rule revisions?
                                              comment received to its public docket.                                     For the full EPA public comment policy,                                    II. The EPA’s Evaluation and Action
                                              Do not submit electronically any                                           information about CBI or multimedia                                           A. How is the EPA evaluating the rules?
                                                                                                                                                                                                       B. Do the rules meet the evaluation
                                              information you consider to be                                             submissions, and general guidance on
                                                                                                                                                                                                          criteria?
                                              Confidential Business Information (CBI)                                    making effective comments, please visit                                       C. Public Comment and Final Action
                                              or other information whose disclosure is                                   http://www2.epa.gov/dockets/                                               III. Incorporation by Reference
                                              restricted by statute. Multimedia                                          commenting-epa-dockets.                                                    IV. Statutory and Executive Order Reviews
                                              submissions (audio, video, etc.) must be                                   FOR FURTHER INFORMATION CONTACT: Ya-
                                              accompanied by a written comment.                                          Ting (Sheila) Tsai, EPA Region IX, (415)                                   I. The State’s Submittal
                                              The written comment is considered the                                      972–3328, Tsai.Ya-Ting@epa.gov.                                            A. What rules did the State submit?
                                              official comment and should include                                        SUPPLEMENTARY INFORMATION:
                                              discussion of all points you wish to                                       Throughout this document, ‘‘we,’’ ‘‘us,’’                                    Table 1 lists the rules under MCAPCD
                                              make. The EPA will generally not                                           and ‘‘our’’ refer to the EPA.                                              Regulation II, ‘‘Permit System’’
                                              consider comments or comment                                                                                                                          addressed by this action with the dates
                                              contents located outside of the primary                                    Table of Contents                                                          that they were adopted by the local air
                                              submission (i.e. on the web, cloud, or                                     I. The State’s Submittal                                                   agency and submitted by the California
                                              other file sharing system). For                                               A. What rules did the State submit?                                     Air Resources Board (CARB).

                                                                                                                                  TABLE 1—SUBMITTED RULES
                                                                                                                                                                                                                          Adoption or
                                                                   Rule No.                                                                              Rule title                                                       amendment      Submittal date
                                                                                                                                                                                                                             date

                                              2.3 ....................................................   Transfers ...................................................................................................       1/15/1989      12/31/1990
                                              2.5 ....................................................   Expiration of Applications ..........................................................................               1/15/1989      12/31/1990
                                              2.7 ....................................................   Conditional Approval .................................................................................              1/15/1989      12/31/1990
                                              2.10 ..................................................    Further Information ....................................................................................            1/15/1989      12/31/1990



                                                On February 28, 1991, the EPA                                            B. Are there other versions of these                                       the rules listed in Table 1 are approved
                                              determined that the submittal for the                                      rules?                                                                     by EPA, those rules will take the place
                                              MCAPCD rules listed in Table 1 met the                                                                                                                of the existing SIP approved rules listed
                                              completeness criteria in 40 CFR part 51                                      EPA approved the rules listed in                                         in Table 2.
                                              Appendix V, which must be met before                                       Table 2 into the MCAPCD portion of the
                                              formal EPA review.                                                         California SIP on the dates listed. When

                                                                                                                              TABLE 2—SIP APPROVED RULES
                                                                                                                                                                                                                                           Federal
                                                                                                                                                                                                                          SIP approval
                                                                   Rule No.                                                                              Rule title                                                                        Register
                                                                                                                                                                                                                              date          citation

                                              2.3 ....................................................   Transfer .....................................................................................................     09/22/1972    37   FR   19812
                                              2.5 ....................................................   Cancellation of Applications ......................................................................                09/22/1972    37   FR   19812
                                              2.7 * ..................................................   Provision of Sampling and Testing Facilities ............................................                          09/22/1972    37   FR   19812
                                              2.9 * ..................................................   Conditional Approval .................................................................................             09/22/1972    37   FR   19812
                                                 * Note: SIP approved Rule 2.7—Provision of Sampling and Testing Facilities will be replaced by newly submitted Rule 2.10 Further Informa-
                                              tion. SIP approved Rule 2.9—Conditional Approval will be replaced by submitted Rule 2.7—Conditional Approval.


                                              C. What is the purpose of the submitted                                    Operate without written approval. Rule                                       The TSD, which is available in the
                                              rule revisions?                                                            2.5 provides the timeline for an                                           docket for today’s rulemaking, has more
                                                                                                                         Authority to Construct or an application                                   information about these rules.
                                                Section 110(a) of the CAA requires
                                              States to submit regulations that will                                     for a Permit to Operate to expire and/                                     II. The EPA’s Evaluation and Action
                                              assure attainment and maintenance of                                       or be extended. Rule 2.7 is renumbered
                                                                                                                         from Rule 2.9 and provides additional                                      A. How is the EPA evaluating the rules?
                                              the National Ambient Quality Air
                                              Quality Standards (NAAQS). These                                           enforceability by clarifying that                                            SIP rules must be enforceable (see
                                              rules were developed as part of the local                                  equipment cannot be operated contrary                                      CAA section 110(a)(2)), must not
                                              agency’s general programmatic                                              to permit conditions specified in the                                      interfere with applicable requirements
                                              requirement to implement the                                               permit. Rule 2.10 is a new rule that                                       concerning attainment and reasonable
sradovich on DSK3GMQ082PROD with RULES




                                              requirement commonly referred to as                                        allows MCAPCD to require data,                                             further progress or other CAA
                                              the minor or general New Source                                            sampling, testing, and monitoring to                                       requirements (see CAA section 110(l)),
                                              Review (NSR) program. The revisions                                        determine a stationary source’s                                            and must not modify certain SIP control
                                              contained in the submitted rules listed                                    emissions. There are no substantive                                        requirements in nonattainment areas
                                              in Table 1 are mostly administrative in                                    relaxations to these rules.                                                without ensuring equivalent or greater
                                              nature. Rule 2.3 prohibits the transfer of                                                                                                            emissions reductions (see CAA section
                                              an Authority to Construct or Permit to                                                                                                                193). The submitted rules are revisions


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                                              50364              Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations

                                              to existing SIP approved general NSR                     at U.S. Environmental Protection                      or in any other area where the EPA or
                                              permit program requirements under 40                     Agency Region IX (AIR–3), 75                          an Indian tribe has demonstrated that a
                                              CFR 51.160–51.164. The revisions are                     Hawthorne Street, San Francisco, CA                   tribe has jurisdiction. In those areas of
                                              primarily administrative in nature                       94105–3901.                                           Indian country, the rule does not have
                                              (reformatting, providing additional                                                                            tribal implications and will not impose
                                                                                                       IV. Statutory and Executive Order
                                              clarity and enforceability).                                                                                   substantial direct costs on tribal
                                                                                                       Reviews
                                              B. Do the rules meet the evaluation                                                                            governments or preempt tribal law as
                                                                                                          Under the Clean Air Act, the                       specified by Executive Order 13175 (65
                                              criteria?                                                Administrator is required to approve a
                                                                                                                                                             FR 67249, November 9, 2000).
                                                 We believe these rules are consistent                 SIP submission that complies with the
                                              with the relevant policy and guidance                    provisions of the Act and applicable                     The Congressional Review Act, 5
                                              regarding enforceability and SIP                         federal regulations. 42 U.S.C. 7410(k);               U.S.C. 801 et seq., as added by the Small
                                              relaxations. These changes are mostly                    40 CFR 52.02(a). Thus, in reviewing SIP               Business Regulatory Enforcement
                                              administrative in nature and their                       submissions, the EPA’s role is to                     Fairness Act of 1996, generally provides
                                              approval will not interfere with any                     approve state choices, provided that                  that before a rule may take effect, the
                                              applicable requirement concerning                        they meet the criteria of the Clean Air               agency promulgating the rule must
                                              attainment and reasonable further                        Act. Accordingly, this action merely                  submit a rule report, which includes a
                                              progress, or any other CAA application                   approves state law as meeting federal                 copy of the rule, to each House of the
                                              requirement.                                             requirements and does not impose                      Congress and to the Comptroller General
                                                 The TSD, which is available in the                    additional requirements beyond those                  of the United States. The EPA will
                                              docket for today’s rulemaking, has more                  imposed by state law. For that reason,                submit a report containing this action
                                              information on our evaluation.                           this action:                                          and other required information to the
                                              C. Public Comment and Final Action                          • Is not a significant regulatory action           U.S. Senate, the U.S. House of
                                                                                                       subject to review by the Office of                    Representatives, and the Comptroller
                                                As authorized in section 110(k)(3) of                  Management and Budget under
                                              the Act, the EPA is fully approving the                                                                        General of the United States prior to
                                                                                                       Executive Orders 12866 (58 FR 51735,
                                              submitted rules because we believe they                                                                        publication of the rule in the Federal
                                                                                                       October 4, 1993) and 13563 (76 FR 3821,
                                              fulfill all relevant requirements. We do                                                                       Register. A major rule cannot take effect
                                                                                                       January 21, 2011);
                                              not think anyone will object to this                        • does not impose an information                   until 60 days after it is published in the
                                              approval, so we are finalizing it without                collection burden under the provisions                Federal Register. This action is not a
                                              proposing it in advance. However, in                     of the Paperwork Reduction Act (44                    ‘‘major rule’’ as defined by 5 U.S.C.
                                              the Proposed Rules section of this                       U.S.C. 3501 et seq.);                                 804(2).
                                              Federal Register, we are simultaneously                     • is certified as not having a                        Under section 307(b)(1) of the Clean
                                              proposing approval of the same                           significant economic impact on a                      Air Act, petitions for judicial review of
                                              submitted rules. If we receive adverse                   substantial number of small entities                  this action must be filed in the United
                                              comments by August 31, 2016, we will                     under the Regulatory Flexibility Act (5               States Court of Appeals for the
                                              publish a timely withdrawal in the                       U.S.C. 601 et seq.);                                  appropriate circuit by September 30,
                                              Federal Register to notify the public                       • does not contain any unfunded                    2016. Filing a petition for
                                              that the direct final approval will not                  mandate or significantly or uniquely                  reconsideration by the Administrator of
                                              take effect and we will address the                      affect small governments, as described
                                              comments in a subsequent final action                                                                          this final rule does not affect the finality
                                                                                                       in the Unfunded Mandates Reform Act
                                              based on the proposal. If we do not                                                                            of this action for the purposes of judicial
                                                                                                       of 1995 (Pub. L. 104–4);
                                              receive timely adverse comments, the                        • does not have Federalism                         review nor does it extend the time
                                              direct final approval will be effective                  implications as specified in Executive                within which a petition for judicial
                                              without further notice on September 30,                  Order 13132 (64 FR 43255, August 10,                  review may be filed, and shall not
                                              2016. This action will incorporate these                 1999);                                                postpone the effectiveness of such rule
                                              rules into the federally enforceable SIP.                   • is not an economically significant               or action. Parties with objections to this
                                                Please note that if the EPA receives                   regulatory action based on health or                  direct final rule are encouraged to file a
                                              adverse comment on an amendment,                         safety risks subject to Executive Order               comment in response to the parallel
                                              paragraph, or section of this rule and if                13045 (62 FR 19885, April 23, 1997);                  notice of proposed rulemaking for this
                                              that provision may be severed from the                      • is not a significant regulatory action           action published in the Proposed Rules
                                              remainder of the rule, the EPA may                       subject to Executive Order 13211 (66 FR               section of today’s Federal Register,
                                              adopt as final those provisions of the                   28355, May 22, 2001);                                 rather than file an immediate petition
                                              rule that are not the subject of an                         • is not subject to requirements of                for judicial review of this direct final
                                              adverse comment.                                         Section 12(d) of the National                         rule, so that the EPA can withdraw this
                                                                                                       Technology Transfer and Advancement                   direct final rule and address the
                                              III. Incorporation by Reference                          Act of 1995 (15 U.S.C. 272 note) because              comment in the proposed rulemaking.
                                                 In this rule, the EPA is finalizing                   application of those requirements would               This action may not be challenged later
                                              regulatory text that includes                            be inconsistent with the Clean Air Act;               in proceedings to enforce its
                                              incorporation by reference. In                           and                                                   requirements (see section 307(b)(2)).
                                              accordance with requirements of 1 CFR                       • does not provide the EPA with the
                                              51.5, the EPA is finalizing the                          discretionary authority to address, as                List of Subjects in 40 CFR Part 52
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                                              incorporation by reference of the                        appropriate, disproportionate human
                                              MCAPCD rules described in the                            health or environmental effects, using                  Environmental protection, Air
                                              amendments to 40 CFR part 52 set forth                   practicable and legally permissible                   pollution control, Incorporation by
                                              below. The EPA has made, and will                        methods, under Executive Order 12898                  reference, Intergovernmental relations,
                                              continue to make, these documents                        (59 FR 7629, February 16, 1994).                      Nitrogen dioxide, Ozone, Particulate
                                              available electronically through                            In addition, the SIP is not approved               matter, Reporting and recordkeeping
                                              www.regulations.gov and in hard copy                     to apply on any Indian reservation land               requirements.


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                                                                 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations                                          50365

                                                Dated: June 15, 2016.                                  ACTION:   Final rule.                                 rule is not a major rule under 5 U.S.C.
                                              Alexis Strauss,                                                                                                804.
                                              Acting Regional Administrator, Region IX.
                                                                                                       SUMMARY:   NASA is issuing a final rule
                                                                                                       amending the NASA Federal                             IV. Regulatory Flexibility Act
                                                Part 52, Chapter I, Title 40 of the Code
                                              of Federal Regulations is amended as                     Acquisition Regulation Supplement
                                                                                                       (NFS) to clarify NASA’s award fee                        A final regulatory flexibility analysis
                                              follows:                                                                                                       has been prepared consistent with the
                                                                                                       process by incorporating terms used in
                                              PART 52—APPROVAL AND                                     award fee contracting; guidance relative              Regulatory Flexibility Act, 5 U.S.C. 601,
                                              PROMULGATION OF                                          to final award fee evaluations; release of            et seq., and is summarized as follows:
                                              IMPLEMENTATION PLANS                                     source selection information; and the                    NASA is amending the NFS to clarify
                                                                                                       calculation of the provisional award fee              award fee process by incorporating
                                              ■ 1. The authority citation for part 52                  payment percentage in NASA end-item                   terms used in award fee contracting;
                                              continues to read as follows:                            award fee contracts.                                  guidance relative to final award fee
                                                  Authority: 42 U.S.C. 7401 et seq.                    DATES: Effective: August 31, 2016.                    evaluations; release of source selection
                                                                                                       FOR FURTHER INFORMATION CONTACT: Mr.                  information; and the calculation of the
                                              Subpart F—California                                     William Roets, telephone 202–358–                     provisional award fee payment
                                                                                                       4483.                                                 percentage in NASA end-item award fee
                                              ■ 2. Section 52.220 is amended by
                                              adding paragraphs (c)(6)(xi)(D), and                     SUPPLEMENTARY INFORMATION:                            contracts.
                                              (c)(182)(i)(F)(5), (6), (7), and (8) to read             I. Background                                            No changes were made to the
                                              as follows:                                                                                                    proposed rule in developing the final
                                                                                                          NASA published a proposed rule in
                                                                                                                                                             rule. No comments from small entities
                                              § 52.220    Identification of plan.                      the Federal Register at 81 FR 23667 on
                                                                                                                                                             were submitted in reference to the
                                              *      *     *     *      *                              April 22, 2016, to revise NFS 1816.4 and
                                                                                                       1852.216–77 to clarify NASA’s award                   Regulatory Flexibility Act request in the
                                                 (c) * * *
                                                 (6) * * *                                             fee evaluation and payment processes.                 proposed rule. Therefore, the proposed
                                                 (xi) * * *                                            One public comment was received in                    rule has been adopted as final.
                                                 (D) Previously approved September                     response to the proposed rule.                           NASA does not expect this final rule
                                              22, 1972 in paragraph (c)(6) of this                                                                           to have a significant economic impact
                                              section and now deleted with                             II. Discussion and Analysis
                                                                                                                                                             on a substantial number of small entities
                                              replacement in paragraph                                    NASA reviewed the public comment                   within the meaning of the Regulatory
                                              (c)(182)(i)(F)(5), (6), (7), and (8), Rule 2.3           in the development of the final rule. A               Flexibility Act, 5 U.S.C. 601, et seq.,
                                              ‘‘Transfer,’’ Rule 2.5 ‘‘Cancellation of                 discussion of the comment and the                     because the guidance largely clarifies
                                              Application,’’ Rule 2.7 ‘‘Provision of                   changes made to the rule as a result of               aspects relative to the award fee
                                              Sampling and Testing Facilities,’’ and                   this comment is provided, as follows:                 evaluation and payment process
                                              Rule 2.9 ‘‘Conditional Approval’’.
                                                                                                       A. Changes                                            resulting in a more consistent use and
                                              *      *     *     *      *                                                                                    administration of award fees within
                                                 (182) * * *                                             No change was made in the final rule
                                                 (i) * * *                                             in response to the public comment                     NASA providing all entities both large
                                                 (F) * * *                                             received.                                             and small a positive benefit. An analysis
                                                 (5) Regulation II, ‘‘Permit System,’’                                                                       of data in the Federal Procurement Data
                                                                                                       B. Analysis of Public Comment                         System (FPDS) revealed that award fee
                                              Rule 2.3 ‘‘Transfers’’ amended on
                                              January 15, 1989.                                          Comment: Respondent stated that                     contracts are primarily awarded to large
                                                 (6) Regulation II, ‘‘Permit System,’’                 they do not support this rule.                        businesses with large dollar contracts.
                                              Rule 2.5 ‘‘Expiration of Applications’’                    Response: The respondent did not                    An analysis of FPDS data over the past
                                              amended on January 15, 1989.                             identify any specific areas of concern.               three years (FY2013 through FY2015)
                                                 (7) Regulation II, ‘‘Permit System,’’                 Accordingly, this rule provides needed                showed an average of 157 award fee
                                              Rule 2.7 ‘‘Conditional Approval’’                        clarification to NASA’s award fee                     contracts were awarded at NASA per
                                              amended on January 15, 1989.                             processes to enhance the efficient                    year, of which 33 (approximately 20%)
                                                 (8) Regulation II, ‘‘Permit System,’’                 administration of award fee incentives.               were awarded to small businesses.
                                              Rule 2.10 ‘‘Further Information’’
                                                                                                       III. Executive Orders 12866 and 13563                 Thus, the application of the award fee
                                              amended on January 15, 1989.
                                                                                                          Executive Orders (E.O.s) 12866 and                 revisions contained in this rule do not
                                              *      *     *     *      *                                                                                    apply to a substantial number of small
                                              [FR Doc. 2016–18009 Filed 7–29–16; 8:45 am]              13563 direct agencies to assess all costs
                                                                                                       and benefits of available regulatory                  entities.
                                              BILLING CODE 6560–50–P
                                                                                                       alternatives and, if regulation is                       The rule imposes no reporting,
                                                                                                       necessary, to select regulatory                       recordkeeping, or other information
                                                                                                       approaches that maximize net benefits                 collection requirements. There are no
                                              NATIONAL AERONAUTICS AND
                                                                                                       (including potential economic,                        significant alternatives that could
                                              SPACE ADMINISTRATION
                                                                                                       environmental, public health and safety               further minimize the already minimal
                                              48 CFR Parts 1816 and 1852                               effects, distributive impacts, and                    impact on businesses, small or large.
                                                                                                       equity). E.O. 13563 emphasizes the
                                              RIN 2700–AE31                                            importance of quantifying both costs                  V. Paperwork Reduction Act
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                                                                                                       and benefits, of reducing costs, of
                                              NASA Federal Acquisition Regulation                                                                              The rule does not contain any
                                                                                                       harmonizing rules, and of promoting
                                              Supplement: Clarification of Award Fee                                                                         information collection requirements that
                                                                                                       flexibility. This is not a significant
                                              Evaluations and Payments (NFS Case                                                                             require the approval of the Office of
                                                                                                       regulatory action and, therefore, was not
                                              2016–N008)                                                                                                     Management and Budget under the
                                                                                                       subject to review under section 6(b) of
                                              AGENCY:National Aeronautics and                          E.O. 12866, Regulatory Planning and                   Paperwork Reduction Act (44 U.S.C.
                                              Space Administration.                                    Review, dated September 30, 1993. This                chapter 35).


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Document Created: 2016-07-30 06:25:57
Document Modified: 2016-07-30 06:25:57
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
ActionDirect final rule.
DatesThis rule is effective on September 30, 2016 without further notice, unless the EPA receives adverse comments by August 31, 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.
ContactYa-Ting (Sheila) Tsai, EPA Region IX, (415) 972-3328, [email protected]
FR Citation81 FR 50362 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements

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