81 FR 83154 - Revisions to the California State Implementation Plan; South Coast Air Quality Management District; Control of Oxides of Nitrogen Emissions From Off-Road Diesel Vehicles
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 224 (November 21, 2016)
Federal Register Volume 81, Issue 224 (November 21, 2016)
| Page Range | 83154-83156 | |
| FR Document | 2016-27853 |
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)] [Rules and Regulations] [Pages 83154-83156] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27853] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0819; FRL-9954-78-Region 9] Revisions to the California State Implementation Plan; South Coast Air Quality Management District; Control of Oxides of Nitrogen Emissions From Off-Road Diesel Vehicles AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve South Coast Air Quality Management District (SCAQMD or ``the District'') Rule 2449, Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles, as a revision to the SCAQMD portion of the California State Implementation Plan (SIP). SCAQMD Rule 2449 adopts by reference title 13, chapter 9, section 2449.2 of the California Code of Regulations, ``Surplus Off-Road Opt-In for NOX (SOON) Program.'' SCAQMD Rule 2449 requires certain in-use off-road vehicle fleets to meet more stringent requirements in the South Coast area when funding is provided by the District in order to achieve additional reductions of oxides of nitrogen (NOX ). DATES: This rule will be effective on December 21, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2015-0819. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Laura Lawrence, EPA Region IX, (415) 947-3407, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Summary of Proposed Action II. Public Comments and the EPA's Responses III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Summary of Proposed Action On March 10, 2016 (81 FR 12637), under section 110(k) of the Clean Air Act (CAA or ``the Act''), the EPA proposed to approve SCAQMD Rule 2449, ``Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles'' into the South Coast portion of the California SIP. SCAQMD Rule 2449 adopts by reference title 13, chapter 9, section 2449.2 of the California Code of Regulations, ``Surplus Off-Road Opt-In for NOX (SOON) Program.'' The rule requires certain in-use off- road vehicle fleets meet more stringent requirements in the South Coast area when funding is provided by the District in order to achieve additional reductions of NOX . SCAQMD Rule 2449 was originally adopted by the SCAQMD on May 2, 2008, and submitted to the EPA by the [[Page 83155]] State of California on July 18, 2008. The District adopted revisions to the rule on July 11, 2014, and the amended rule was submitted to the EPA by the State on September 5, 2014. The 2014 revisions incorporated minor administrative updates made to the SOON program by the California Air Resources Board (CARB) in December 2011. Off-road diesel vehicles collectively represent one of the largest sources of NOX emissions in the South Coast Air Basin. The purpose of Rule 2449 is to achieve surplus NOX reductions from this source category beyond those required under CARB's Off-Road Regulation, with funding provided by the SCAQMD. The SCAQMD's 2012 Air Quality Management Plan relies on NOX reductions from Rule 2449 to attain the one-hour and 1997 eight-hour ozone National Ambient Air Quality Standards. Rule 2449 is expected to achieve 7.5 tons per day (tpd) of NOX reductions in 2023. We note that the EPA is not approving these emission reductions in today's proposed rule; emission reductions or SIP credit from Rule 2449 will be addressed in future EPA actions on attainment plans. Since our action proposing approval of Rule 2449, SCAQMD has adopted revisions to the SOON program guidelines. The revised guidelines were adopted on March 4, 2016, and sent to CARB for evaluation on August 17, 2016. CARB approved the guidelines on October 6, 2016.\1\ A copy of this approval letter is found in the docket for this rulemaking action. --------------------------------------------------------------------------- \1\ See letter dated October 6, 2016, from Jack Kitowski, Chief, CARB Mobile Source Control Division to Henry Hogo, Deputy Executive Officer, SCAQMD. --------------------------------------------------------------------------- We proposed to approve this rule because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation. II. Public Comments and the EPA's Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments. III. Final Action Pursuant to section 110(k)(3) of the Act and for the reasons stated in our proposed rule, the EPA is approving CARB's September 5, 2014 submittal of SCAQMD Rule 2449, ``Control of Oxides of Nitrogen Emissions from Off-Road Diesel Vehicles,'' as a revision to the SCAQMD portion of the California SIP. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of SCAQMD Rule 2449 in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, SCAQMD Rule 2449 available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 20, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. [[Page 83156]] Dated: October 18, 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 paragraph (c)(482) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (482) New regulations for the following APCDs were submitted on September 5, 2014 by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 2449, ``Control of Oxides of Nitrogen Emissions from Off- Road Diesel Vehicles,'' amended on July 11, 2014. * * * * * [FR Doc. 2016-27853 Filed 11-18-16; 8:45 am] BILLING CODE 6560-50-P
![83154 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
the U.S. House of Representatives, and shall not postpone the effectiveness of PART 52—APPROVAL AND
the Comptroller General of the United such rule or action. This action may not PROMULGATION OF
States prior to publication of the rule in be challenged later in proceedings to IMPLEMENTATION PLANS
the Federal Register. A major rule enforce its requirements. See section
cannot take effect until 60 days after it 307(b)(2). ■ 1. The authority citation for part 52
is published in the Federal Register. continues to read as follows:
This action is not a ‘‘major rule’’ as List of Subjects in 40 CFR Part 52
Authority: 42 U.S.C. 7401 et seq.
defined by 5 U.S.C. 804(2). Environmental protection, Air
Subpart S—Kentucky
Under section 307(b)(1) of the CAA, pollution control, Incorporation by
petitions for judicial review of this reference, Intergovernmental relations, ■ 2. In § 52.920, the table in paragraph
action must be filed in the United States Nitrogen dioxide, Ozone, Reporting and (e) is amended by adding the entry
Court of Appeals for the appropriate recordkeeping requirements, Volatile ‘‘110(a)(1) and (2) Infrastructure
circuit by January 20, 2017. Filing a organic compounds. Requirements for the 2010 1-hour NO2
petition for reconsideration by the NAAQS’’ at the end of the table to read
Dated: November 3, 2016.
Administrator of this final rule does not as follows:
affect the finality of this action for the Heather McTeer Toney,
purposes of judicial review nor does it Regional Administrator, Region 4. § 52.920 Identification of plan.
extend the time within which a petition * * * * *
40 CFR part 52 is amended as follows:
for judicial review may be filed, and (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable State submittal
Name of non-regulatory geographic or date/effective EPA approval date Explanations
SIP provision nonattainment date
area
* * * * * * *
110(a)(1) and (2) Infra- Kentucky ........ 4/26/2013 11/21/2016, [insert Fed- With the exception of the regulation of new minor
structure Requirements eral Register citation]. sources and minor modifications under section
for the 2010 1-hour 110(a)(2)(C), section 110(a)(2)(D)(i)(I) and (II)
NO2 NAAQS. (prongs 1–4) and the PSD requirements of sec-
tion 110(a)(2)(J).
[FR Doc. 2016–27538 Filed 11–18–16; 8:45 am] (SOON) Program.’’ SCAQMD Rule 2449 SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P requires certain in-use off-road vehicle Throughout this document, ‘‘we,’’ ‘‘us’’
fleets to meet more stringent and ‘‘our’’ refer to the EPA.
requirements in the South Coast area Table of Contents
ENVIRONMENTAL PROTECTION when funding is provided by the
AGENCY District in order to achieve additional I. Summary of Proposed Action
reductions of oxides of nitrogen (NOX). II. Public Comments and the EPA’s
40 CFR Part 52 Responses
This rule will be effective on
DATES: III. Final Action
[EPA–R09–OAR–2015–0819; FRL–9954–78– IV. Incorporation by Reference
Region 9] December 21, 2016.
V. Statutory and Executive Order Reviews
ADDRESSES: The EPA has established a
Revisions to the California State docket for this action under Docket ID I. Summary of Proposed Action
Implementation Plan; South Coast Air No. EPA–R09–OAR–2015–0819. All On March 10, 2016 (81 FR 12637),
Quality Management District; Control documents in the docket are listed on under section 110(k) of the Clean Air
of Oxides of Nitrogen Emissions From Act (CAA or ‘‘the Act’’), the EPA
the http://www.regulations.gov Web
Off-Road Diesel Vehicles proposed to approve SCAQMD Rule
site. Although listed in the index, some
AGENCY: Environmental Protection information is not publicly available, 2449, ‘‘Control of Oxides of Nitrogen
Agency (EPA). e.g., Confidential Business Information Emissions from Off-Road Diesel
ACTION: Final rule. or other information whose disclosure is Vehicles’’ into the South Coast portion
restricted by statute. Certain other of the California SIP. SCAQMD Rule
SUMMARY: The Environmental Protection material, such as copyrighted material, 2449 adopts by reference title 13,
Agency (EPA) is taking final action to is not placed on the Internet and will be chapter 9, section 2449.2 of the
approve South Coast Air Quality publicly available only in hard copy California Code of Regulations,
Management District (SCAQMD or ‘‘the form. Publicly available docket ‘‘Surplus Off-Road Opt-In for NOX
District’’) Rule 2449, Control of Oxides materials are available through http:// (SOON) Program.’’ The rule requires
asabaliauskas on DSK3SPTVN1PROD with RULES
of Nitrogen Emissions from Off-Road www.regulations.gov, or please contact certain in-use off-road vehicle fleets
Diesel Vehicles, as a revision to the the person identified in the FOR FURTHER meet more stringent requirements in the
SCAQMD portion of the California State INFORMATION CONTACT section for
South Coast area when funding is
Implementation Plan (SIP). SCAQMD provided by the District in order to
additional availability information.
Rule 2449 adopts by reference title 13, achieve additional reductions of NOX.
chapter 9, section 2449.2 of the FOR FURTHER INFORMATION CONTACT: SCAQMD Rule 2449 was originally
California Code of Regulations, Laura Lawrence, EPA Region IX, (415) adopted by the SCAQMD on May 2,
‘‘Surplus Off-Road Opt-In for NOX 947–3407, lawrence.laura@epa.gov. 2008, and submitted to the EPA by the
VerDate Sep<11>2014 17:02 Nov 18, 2016 Jkt 241001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\21NOR1.SGM 21NOR1](https://thefederalregister.org/doc/81_FR_83378/page/1.svg)
![83156 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
Dated: October 18, 2016. that each state adopt and submit a SIP 78 FR 3086 (January 15, 2013). Pursuant
Alexis Strauss, for the implementation, maintenance to section 110(a)(1) of the CAA, states
Acting Regional Administrator, Region IX. and enforcement of each NAAQS are required to submit SIPs meeting the
Part 52, chapter I, title 40 of the Code promulgated by EPA, which is applicable requirements of section
of Federal Regulations is amended as commonly referred to as an 110(a)(2) within three years after
‘‘infrastructure SIP submission.’’ promulgation of a new or revised
follows:
Georgia certified that its SIP contains NAAQS or within such shorter period
PART 52—APPROVAL AND provisions that ensure the 2012 Annual as EPA may prescribe. Section 110(a)(2)
PROMULGATION OF PM2.5 NAAQS is implemented, requires states to address basic SIP
IMPLEMENTATION PLANS enforced, and maintained in Georgia. elements such as requirements for
EPA is approving portions of Georgia’s monitoring, basic program requirements
■ 1. The authority citation for part 52 infrastructure SIP submission, provided and legal authority that are designed to
continues to read as follows: to EPA on December 14, 2015, as assure attainment and maintenance of
Authority: 42 U.S.C. 7401 et seq.
satisfying certain required infrastructure the NAAQS. States were required to
elements for the 2012 Annual PM2.5 submit such SIPs for the 2012 Annual
Subpart F—California NAAQS. PM2.5 NAAQS to EPA no later than
DATES: This rule will be effective December 14, 2015.
■ 2. Section 52.220 is amended by December 21, 2016. In a proposed rulemaking published
adding paragraph (c)(482) to read as on August 23, 2016 (81 FR 57544), EPA
ADDRESSES: EPA has established a
follows: proposed to approve portions of
docket for this action under Docket
Georgia’s December 14, 2015, SIP
§ 52.220 Identification of plan—in part. Identification No. EPA–R04–OAR–
submission for the 2012 Annual PM2.5
* * * * * 2014–0425. All documents in the docket
NAAQS, with the exception of the
are listed on the www.regulations.gov
(c) * * * interstate transport requirements of
Web site. Although listed in the index,
(482) New regulations for the section 110(a)(2)(D)(i)(I) and (II) (prongs
some information is not publicly
following APCDs were submitted on 1, 2, and 4), for which EPA did not
available, i.e., Confidential Business
September 5, 2014 by the Governor’s propose any action. On July 11, 2016,
Information or other information whose
designee. EPA published a proposed rule related
disclosure is restricted by statute.
(i) Incorporation by reference. to the prong 4 element of Georgia’s
Certain other material, such as
(A) South Coast Air Quality December 14, 2015, SIP submission for
copyrighted material, is not placed on
Management District. the 2012 PM2.5 NAAQS. See 81 FR
the Internet and will be publicly
(1) Rule 2449, ‘‘Control of Oxides of 44831. EPA will consider final action on
available only in hard copy form.
Nitrogen Emissions from Off-Road the prong 4 element of Georgia’s March
Publicly available docket materials are 25, 2013, SIP submission for the 2012
Diesel Vehicles,’’ amended on July 11,
available either electronically through PM2.5 NAAQS through a separate
2014.
www.regulations.gov or in hard copy at rulemaking. With respect to the
* * * * * the Air Regulatory Management Section,
[FR Doc. 2016–27853 Filed 11–18–16; 8:45 am] interstate transport requirements of
Air Planning and Implementation section 110(a)(2)(D)(i)(I) (prongs 1 and
BILLING CODE 6560–50–P Branch, Air, Pesticides and Toxics 2), EPA is considering this portion of
Management Division, U.S. Georgia’s December 14, 2015,
Environmental Protection Agency, submission through a separate
ENVIRONMENTAL PROTECTION Region 4, 61 Forsyth Street SW.,
AGENCY rulemaking. The details of Georgia’s
Atlanta, Georgia 30303–8960. EPA submission and the rationale for EPA’s
40 CFR Part 52 requests that if at all possible, you actions for this final rule are explained
contact the person listed in the FOR in the August 23, 2016, proposed
[EPA–R04–OAR–2014–0425; FRL–9955–32- FURTHER INFORMATION CONTACT section to
Region 4] rulemaking. Comments on the proposed
schedule your inspection. The Regional rulemaking were due on or before
Office’s official hours of business are September 22, 2016. EPA received no
Air Quality Plan; Georgia;
Monday through Friday, 8:30 a.m. to adverse comments.
Infrastructure Requirements for the
4:30 p.m., excluding federal holidays.
2012 PM2.5 NAAQS II. Final Action
FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection Tiereny Bell, Air Regulatory EPA is taking final action to approve
Agency. Management Section, Air Planning and Georgia’s infrastructure submission
ACTION:Final rule. Implementation Branch, Air, Pesticides submitted on December 14, 2015, for the
and Toxics Management Division, U.S. 2012 Annual PM2.5 NAAQS for the
SUMMARY: The Environmental Protection Environmental Protection Agency, infrastructure SIP requirements, with
Agency (EPA) is taking final action to Region 4, 61 Forsyth Street SW., the exception of the interstate transport
approve a portion of the State Atlanta, Georgia 30303–8960. Ms. Bell requirements of section 110(a)(2)(D)(i)(I)
Implementation Plan (SIP) submission, can be reached via electronic mail at and (II) (prongs 1, 2 and 4). EPA is
submitted by the State of Georgia, bell.tiereny@epa.gov or via telephone at taking final action to approve all other
through the Georgia Department of (404) 562–9088. elements of Georgia’s infrastructure SIP
asabaliauskas on DSK3SPTVN1PROD with RULES
Natural Resources, Environmental SUPPLEMENTARY INFORMATION: submissions for the 2012 Annual PM2.5
Protection Division, on December 14, NAAQS because the submission is
2015, to demonstrate that the State I. Background and Overview
consistent with section 110 of the CAA.
meets the infrastructure requirements of On December 14, 2012, EPA
the Clean Air Act (CAA or Act) for the promulgated a revised primary annual III. Statutory and Executive Order
2012 annual fine particulate matter PM2.5 NAAQS. The standard was Reviews
(PM2.5) national ambient air quality strengthened from 15.0 micrograms per Under the CAA, the Administrator is
standard (NAAQS). The CAA requires cubic meter (mg/m3) to 12.0 mg/m3. See required to approve a SIP submission
VerDate Sep<11>2014 17:02 Nov 18, 2016 Jkt 241001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\21NOR1.SGM 21NOR1](https://thefederalregister.org/doc/81_FR_83378/page/3.svg)
Document Created: 2018-02-14 08:34:00
Document Modified: 2018-02-14 08:34:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective on December 21, 2016. | |
| Contact | Laura Lawrence, EPA Region IX, (415) 947-3407, [email protected] | |
| FR Citation | 81 FR 83154 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR