81_FR_95722 81 FR 95473 - Approval of California Air Plan Revisions, Great Basin Unified Air Pollution Control District

81 FR 95473 - Approval of California Air Plan Revisions, Great Basin Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 249 (December 28, 2016)

Page Range95473-95475
FR Document2016-31225

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Great Basin Unified Air Pollution Control District (GBUAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of particulate matter at Owens Lake, CA. We are approving a local rule that regulates these emissions under the Clean Air Act (CAA or the Act).

Federal Register, Volume 81 Issue 249 (Wednesday, December 28, 2016)
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95473-95475]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31225]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0393; FRL-9955-62-Region 9]


Approval of California Air Plan Revisions, Great Basin Unified 
Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Great Basin Unified Air Pollution 
Control District (GBUAPCD) portion of the California State 
Implementation Plan (SIP). This revision concerns emissions of 
particulate matter at Owens Lake, CA.

[[Page 95474]]

We are approving a local rule that regulates these emissions under the 
Clean Air Act (CAA or the Act).

DATES: This rule will be effective on January 27, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2016-0393. 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., CBI 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: Christine Vineyard, EPA Region IX, 
(415) 947-4125, [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On September 13, 2016 (81 FR 62849), the EPA proposed to approve 
the following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
GBUAPCD...............................             433  Control of Particulate          04/13/16        06/09/16
                                                         Emissions at Owens Lake.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it 
complied with the relevant CAA requirements. Our proposed action 
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one comment that was submitted 
anonymously.
    Comment: The comment begins, ``I don't see why this would not be 
approved right away,'' and generally supports the EPA's proposal to 
approve Rule 433. The comment also includes general statements and 
questions such as ``the fact that `Indian' is still the term being used 
in this proposed rule is troublesome,'' ``it would be nice to see them 
go above and beyond the EPA's suggested guidelines,'' ``what does this 
mean for the Indigenous land,'' ``who is in charge of regulation,'' 
``how will this alter the particle [sic] matters given off by this 
lakebed,'' ``what happened to cause this lakebed to behave in such a 
way . . . shouldn't that be looked into instead of altering the way 
nature is now,'' and ``instead of being a reactive society we should be 
more proactive and investigate into `unintended consequences' more so 
than we do now.''
    Response: The comment generally supports EPA's proposed approval of 
Rule 433. The comment does not provide specific information related to 
the basis for EPA's proposed approval and does not request any changes 
to our proposed action. In addition, most of the statements and 
questions in the comment are not relevant to EPA's action approving 
Rule 433 or are outside of the scope of this action. For those reasons, 
the EPA is finalizing its proposed approval of Rule 433 without change 
based on the comment.

III. EPA Action

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving this rule into 
the California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
GBUAPCD rule described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
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 (Public Law 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

[[Page 95475]]

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 February 27, 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: November 10, 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)(483) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (483) A new regulation was submitted on June 9, 2016 by the 
Governor's Designee.
    (i) Incorporation by Reference.
    (A) Great Basin Unified Air Pollution Control District.
    (1) Rule 433, ``Control of Particulate Emissions at Owens Lake,'' 
adopted on April 13, 2016.

[FR Doc. 2016-31225 Filed 12-27-16; 8:45 am]
BILLING CODE 6560-50-P



                                                           Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations                                               95473

                                              51.5, the EPA is finalizing the                         appropriate, disproportionate human                   PART 52—APPROVAL AND
                                              incorporation by reference of the                       health or environmental effects, using                PROMULGATION OF
                                              SCAQMD rules described in the                           practicable and legally permissible                   IMPLEMENTATION PLANS
                                              amendments to 40 CFR part 52 set forth                  methods, under Executive Order 12898
                                              below. The EPA has made, and will                       (59 FR 7629, February 16, 1994).                      ■ 1. The authority citation for Part 52
                                              continue to make, these documents                          In addition, the SIP is not approved               continues to read as follows:
                                              available through www.regulations.gov                   to apply on any Indian reservation land                   Authority: 42 U.S.C. 7401 et seq.
                                              and at the EPA Region IX Office (please                 or in any other area where the EPA or
                                              contact the person identified in the FOR                an Indian tribe has demonstrated that a               Subpart F—California
                                              FURTHER INFORMATION CONTACT section of                  tribe has jurisdiction. In those areas of
                                              this preamble for more information).                    Indian country, the rule does not have                ■ 2. Section 52.220 is amended by
                                                                                                      tribal implications and will not impose               adding paragraphs (c)(379)(i)(A)(7),
                                              V. Statutory and Executive Order                                                                              (c)(428)(i)(D)(2), and (c)(461)(i)(C)(3) to
                                              Reviews                                                 substantial direct costs on tribal
                                                                                                      governments or preempt tribal law as                  read as follows:
                                                 Under the Clean Air Act, the                         specified by Executive Order 13175 (65                § 52.220    Identification of plan—in part.
                                              Administrator is required to approve a                  FR 67249, November 9, 2000).
                                              SIP submission that complies with the                                                                            (c) * * *
                                                                                                         The Congressional Review Act, 5                       (379) * * *
                                              provisions of the Act and applicable                    U.S.C. 801 et seq., as added by the Small
                                              federal regulations. 42 U.S.C. 7410(k);                                                                          (i) * * *
                                                                                                      Business Regulatory Enforcement                          (A) * * *
                                              40 CFR 52.02(a). Thus, in reviewing SIP                 Fairness Act of 1996, generally provides                 (7) Previously approved on August 4,
                                              submissions, the EPA’s role is to                       that before a rule may take effect, the               2010 in paragraph (c)(379)(i)(A)(4) of
                                              approve state choices, provided that                    agency promulgating the rule must                     this section and now deleted with
                                              they meet the criteria of the Clean Air                 submit a rule report, which includes a                replacement in paragraph
                                              Act. Accordingly, this action merely                    copy of the rule, to each House of the                (c)(428)(i)(D)(2), Rule 1147, ‘‘NOX
                                              approves state law as meeting federal                   Congress and to the Comptroller General               Reductions from Miscellaneous
                                              requirements and does not impose                        of the United States. The EPA will                    Sources,’’ adopted on December 5, 2008.
                                              additional requirements beyond those                    submit a report containing this action
                                              imposed by state law. For that reason,                                                                        *      *     *     *    *
                                                                                                      and other required information to the                    (428) * * *
                                              this action:                                            U.S. Senate, the U.S. House of
                                                 • Is not a significant regulatory action                                                                      (i) * * *
                                                                                                      Representatives, and the Comptroller                     (D) * * *
                                              subject to review by the Office of                      General of the United States prior to
                                              Management and Budget under                                                                                      (2) Rule 1147, ‘‘NOX Reductions from
                                                                                                      publication of the rule in the Federal                Miscellaneous Sources,’’ amended on
                                              Executive Orders 12866 (58 FR 51735,                    Register. A major rule cannot take effect
                                              October 4, 1993) and 13563 (76 FR 3821,                                                                       September 9, 2011.
                                                                                                      until 60 days after it is published in the
                                              January 21, 2011);                                                                                            *      *     *     *    *
                                                                                                      Federal Register. This action is not a
                                                 • does not impose an information                     ‘‘major rule’’ as defined by 5 U.S.C.
                                                                                                                                                               (461) * * *
                                              collection burden under the provisions                                                                           (i) * * *
                                                                                                      804(2).                                                  (C) * * *
                                              of the Paperwork Reduction Act (44
                                                                                                         Under section 307(b)(1) of the Clean                  (3) Rule 1153.1, ‘‘Emissions of Oxides
                                              U.S.C. 3501 et seq.);
                                                 • is certified as not having a                       Air Act, petitions for judicial review of             of Nitrogen from Commercial Food
                                              significant economic impact on a                        this action must be filed in the United               Ovens,’’ adopted on November 7, 2014.
                                              substantial number of small entities                    States Court of Appeals for the
                                                                                                                                                            *      *     *     *    *
                                              under the Regulatory Flexibility Act (5                 appropriate circuit by February 27,
                                                                                                      2017. Filing a petition for                           [FR Doc. 2016–31226 Filed 12–27–16; 8:45 am]
                                              U.S.C. 601 et seq.);
                                                 • does not contain any unfunded                      reconsideration by the Administrator of               BILLING CODE 6560–50–P

                                              mandate or significantly or uniquely                    this final rule does not affect the finality
                                              affect small governments, as described                  of this action for the purposes of judicial
                                                                                                      review nor does it extend the time                    ENVIRONMENTAL PROTECTION
                                              in the Unfunded Mandates Reform Act                                                                           AGENCY
                                              of 1995 (Pub. L. 104–4);                                within which a petition for judicial
                                                 • does not have Federalism                           review may be filed, and shall not
                                                                                                                                                            40 CFR Part 52
                                              implications as specified in Executive                  postpone the effectiveness of such rule
                                                                                                      or action. This action may not be                     [EPA–R09–OAR–2016–0393; FRL–9955–62–
                                              Order 13132 (64 FR 43255, August 10,
                                                                                                      challenged later in proceedings to                    Region 9]
                                              1999);
                                                 • is not an economically significant                 enforce its requirements (see section
                                                                                                                                                            Approval of California Air Plan
                                              regulatory action based on health or                    307(b)(2)).
                                                                                                                                                            Revisions, Great Basin Unified Air
                                              safety risks subject to Executive Order                 List of Subjects in 40 CFR Part 52                    Pollution Control District
                                              13045 (62 FR 19885, April 23, 1997);
                                                 • is not a significant regulatory action               Environmental protection, Air                       AGENCY:  Environmental Protection
                                              subject to Executive Order 13211 (66 FR                 pollution control, Incorporation by                   Agency (EPA).
                                              28355, May 22, 2001);                                   reference, Intergovernmental relations,               ACTION: Final rule.
                                                 • is not subject to requirements of                  Nitrogen dioxide, Ozone, Reporting and
                                              Section 12(d) of the National                           recordkeeping requirements.                           SUMMARY:   The Environmental Protection
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                                              Technology Transfer and Advancement                       Dated: November 21, 2016.                           Agency (EPA) is taking final action to
                                              Act of 1995 (15 U.S.C. 272 note) because                Alexis Strauss,                                       approve a revision to the Great Basin
                                              application of those requirements would                 Acting Regional Administrator, Region IX.
                                                                                                                                                            Unified Air Pollution Control District
                                              be inconsistent with the Clean Air Act;                                                                       (GBUAPCD) portion of the California
                                              and                                                       Part 52, Chapter I, Title 40 of the Code            State Implementation Plan (SIP). This
                                                 • does not provide the EPA with the                  of Federal Regulations is amended as                  revision concerns emissions of
                                              discretionary authority to address, as                  follows:                                              particulate matter at Owens Lake, CA.


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                                              95474          Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations

                                              We are approving a local rule that                           Certain other material, such as                      SUPPLEMENTARY INFORMATION:
                                              regulates these emissions under the                          copyrighted material, is not placed on               Throughout this document, ‘‘we,’’ ‘‘us’’
                                              Clean Air Act (CAA or the Act).                              the Internet and will be publicly                    and ‘‘our’’ refer to the EPA.
                                              DATES: This rule will be effective on                        available only in hard copy form.
                                                                                                                                                                Table of Contents
                                              January 27, 2017.                                            Publicly available docket materials are
                                                                                                           available through http://                            I. Proposed Action
                                              ADDRESSES: The EPA has established a
                                                                                                           www.regulations.gov, or please contact               II. Public Comments and EPA Responses
                                              docket for this action under Docket ID                                                                            III. EPA Action
                                              No. EPA–R09–OAR–2016–0393. All                               the person identified in the FOR FURTHER
                                                                                                           INFORMATION CONTACT section for
                                                                                                                                                                IV. Incorporation by Reference
                                              documents in the docket are listed on                                                                             V. Statutory and Executive Order Reviews
                                              the http://www.regulations.gov Web                           additional availability information.
                                              site. Although listed in the index, some                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                I. Proposed Action
                                              information is not publicly available,                       Christine Vineyard, EPA Region IX,                     On September 13, 2016 (81 FR 62849),
                                              e.g., CBI or other information whose                         (415) 947–4125, vineyard.christine@                  the EPA proposed to approve the
                                              disclosure is restricted by statute.                         epa.gov.                                             following rule into the California SIP.

                                                         Local agency                      Rule No.                                      Rule title                               Adopted      Submitted

                                              GBUAPCD ...............................                433    Control of Particulate Emissions at Owens Lake ..................       04/13/16       06/09/16



                                                We proposed to approve this rule                           proposed approval of Rule 433 without                Management and Budget under
                                              because we determined that it complied                       change based on the comment.                         Executive Orders 12866 (58 FR 51735,
                                              with the relevant CAA requirements.                                                                               October 4, 1993) and 13563 (76 FR 3821,
                                                                                                           III. EPA Action
                                              Our proposed action contains more                                                                                 January 21, 2011);
                                              information on the rule and our                                No comments were submitted that                       • does not impose an information
                                              evaluation.                                                  change our assessment of the rule as                 collection burden under the provisions
                                                                                                           described in our proposed action.                    of the Paperwork Reduction Act (44
                                              II. Public Comments and EPA                                  Therefore, as authorized in section                  U.S.C. 3501 et seq.);
                                              Responses                                                    110(k)(3) of the Act, the EPA is fully                  • is certified as not having a
                                                 The EPA’s proposed action provided                        approving this rule into the California              significant economic impact on a
                                              a 30-day public comment period. During                       SIP.                                                 substantial number of small entities
                                              this period, we received one comment                                                                              under the Regulatory Flexibility Act (5
                                              that was submitted anonymously.                              IV. Incorporation by Reference
                                                                                                                                                                U.S.C. 601 et seq.);
                                                 Comment: The comment begins, ‘‘I                            In this rule, the EPA is finalizing                   • does not contain any unfunded
                                              don’t see why this would not be                              regulatory text that includes                        mandate or significantly or uniquely
                                              approved right away,’’ and generally                         incorporation by reference. In                       affect small governments, as described
                                              supports the EPA’s proposal to approve                       accordance with requirements of 1 CFR                in the Unfunded Mandates Reform Act
                                              Rule 433. The comment also includes                          51.5, the EPA is finalizing the                      of 1995 (Public Law 104–4);
                                              general statements and questions such                        incorporation by reference of the                       • does not have Federalism
                                              as ‘‘the fact that ‘Indian’ is still the term                GBUAPCD rule described in the                        implications as specified in Executive
                                              being used in this proposed rule is                          amendments to 40 CFR part 52 set forth               Order 13132 (64 FR 43255, August 10,
                                              troublesome,’’ ‘‘it would be nice to see                     below. The EPA has made, and will                    1999);
                                              them go above and beyond the EPA’s                           continue to make, these documents                       • is not an economically significant
                                              suggested guidelines,’’ ‘‘what does this                     available through www.regulations.gov                regulatory action based on health or
                                              mean for the Indigenous land,’’ ‘‘who is                     and at the EPA Region IX Office (please              safety risks subject to Executive Order
                                              in charge of regulation,’’ ‘‘how will this                   contact the person identified in the FOR             13045 (62 FR 19885, April 23, 1997);
                                              alter the particle [sic] matters given off                   FURTHER INFORMATION CONTACT section of                  • is not a significant regulatory action
                                              by this lakebed,’’ ‘‘what happened to                        this preamble for more information).                 subject to Executive Order 13211 (66 FR
                                              cause this lakebed to behave in such a                                                                            28355, May 22, 2001);
                                                                                                           V. Statutory and Executive Order
                                              way . . . shouldn’t that be looked into                                                                              • is not subject to requirements of
                                                                                                           Reviews
                                              instead of altering the way nature is                                                                             Section 12(d) of the National
                                              now,’’ and ‘‘instead of being a reactive                       Under the Clean Air Act, the                       Technology Transfer and Advancement
                                              society we should be more proactive                          Administrator is required to approve a               Act of 1995 (15 U.S.C. 272 note) because
                                              and investigate into ‘unintended                             SIP submission that complies with the                application of those requirements would
                                              consequences’ more so than we do                             provisions of the Act and applicable                 be inconsistent with the Clean Air Act;
                                              now.’’                                                       federal regulations. 42 U.S.C. 7410(k);              and
                                                 Response: The comment generally                           40 CFR 52.02(a). Thus, in reviewing SIP                 • does not provide the EPA with the
                                              supports EPA’s proposed approval of                          submissions, the EPA’s role is to                    discretionary authority to address, as
                                              Rule 433. The comment does not                               approve state choices, provided that                 appropriate, disproportionate human
                                              provide specific information related to                      they meet the criteria of the Clean Air              health or environmental effects, using
                                              the basis for EPA’s proposed approval                        Act. Accordingly, this action merely                 practicable and legally permissible
sradovich on DSK3GMQ082PROD with RULES




                                              and does not request any changes to our                      approves state law as meeting federal                methods, under Executive Order 12898
                                              proposed action. In addition, most of                        requirements and does not impose                     (59 FR 7629, February 16, 1994).
                                              the statements and questions in the                          additional requirements beyond those                    In addition, the SIP is not approved
                                              comment are not relevant to EPA’s                            imposed by state law. For that reason,               to apply on any Indian reservation land
                                              action approving Rule 433 or are outside                     this action:                                         or in any other area where the EPA or
                                              of the scope of this action. For those                         • Is not a significant regulatory action           an Indian tribe has demonstrated that a
                                              reasons, the EPA is finalizing its                           subject to review by the Office of                   tribe has jurisdiction. In those areas of


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                                                            Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations                                           95475

                                              Indian country, the rule does not have                  Subpart F—California                                  submitting comments. Once submitted,
                                              tribal implications and will not impose                                                                       comments cannot be edited or removed
                                              substantial direct costs on tribal                      ■ 2. Section 52.220 is amended by                     from Regulations.gov. For either manner
                                              governments or preempt tribal law as                    adding paragraph (c)(483) to read as                  of submission, EPA may publish any
                                              specified by Executive Order 13175 (65                  follows:                                              comment received to its public docket.
                                              FR 67249, November 9, 2000).                                                                                  Do not submit electronically any
                                                                                                      § 52.220    Identification of plan—in part.
                                                                                                                                                            information you consider to be
                                                 The Congressional Review Act, 5                      *      *    *     *    *                              Confidential Business Information (CBI)
                                              U.S.C. 801 et seq., as added by the Small                 (c) * * *                                           or other information whose disclosure is
                                              Business Regulatory Enforcement                           (483) A new regulation was submitted                restricted by statute. Multimedia
                                              Fairness Act of 1996, generally provides                on June 9, 2016 by the Governor’s                     submissions (audio, video, etc.) must be
                                              that before a rule may take effect, the                 Designee.                                             accompanied by a written comment.
                                              agency promulgating the rule must                         (i) Incorporation by Reference.                     The written comment is considered the
                                              submit a rule report, which includes a                    (A) Great Basin Unified Air Pollution
                                                                                                                                                            official comment and should include
                                              copy of the rule, to each House of the                  Control District.
                                                                                                                                                            discussion of all points you wish to
                                              Congress and to the Comptroller General                   (1) Rule 433, ‘‘Control of Particulate
                                                                                                                                                            make. EPA will generally not consider
                                              of the United States. The EPA will                      Emissions at Owens Lake,’’ adopted on
                                                                                                                                                            comments or comment contents located
                                              submit a report containing this action                  April 13, 2016.
                                                                                                                                                            outside of the primary submission (i.e.
                                              and other required information to the                   [FR Doc. 2016–31225 Filed 12–27–16; 8:45 am]
                                                                                                                                                            on the web, cloud, or other file sharing
                                              U.S. Senate, the U.S. House of                          BILLING CODE 6560–50–P                                system). For additional submission
                                              Representatives, and the Comptroller                                                                          methods, please contact the person
                                              General of the United States prior to                                                                         identified in the FOR FURTHER
                                              publication of the rule in the Federal                  ENVIRONMENTAL PROTECTION                              INFORMATION CONTACT section. For the
                                              Register. A major rule cannot take effect               AGENCY                                                full EPA public comment policy,
                                              until 60 days after it is published in the                                                                    information about CBI or multimedia
                                              Federal Register. This action is not a                  40 CFR Part 52
                                                                                                                                                            submissions, and general guidance on
                                              ‘‘major rule’’ as defined by 5 U.S.C.                   [EPA–R05–OAR–2016–0502; FRL–9955–89–                  making effective comments, please visit
                                              804(2).                                                 Region 5]                                             http://www2.epa.gov/dockets/
                                                 Under section 307(b)(1) of the Clean                                                                       commenting-epa-dockets.
                                                                                                      Air Plan Approval; Illinois; Volatile
                                              Air Act, petitions for judicial review of                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                      Organic Compounds Definition
                                              this action must be filed in the United                                                                       Michelle Becker, Life Scientist,
                                              States Court of Appeals for the                         AGENCY: Environmental Protection                      Attainment Planning and Maintenance
                                              appropriate circuit by February 27,                     Agency (EPA).                                         Section, Air Programs Branch (AR–18J),
                                              2017. Filing a petition for                             ACTION: Direct final rule.                            Environmental Protection Agency,
                                              reconsideration by the Administrator of                                                                       Region 5, 77 West Jackson Boulevard,
                                              this final rule does not affect the finality            SUMMARY:   Under the Clean Air Act                    Chicago, Illinois 60604, (312) 886–3901,
                                              of this action for the purposes of judicial             (CAA), the Environmental Protection                   becker.michelle@epa.gov.
                                              review nor does it extend the time                      Agency (EPA) is approving a state                     SUPPLEMENTARY INFORMATION:
                                              within which a petition for judicial                    submission as a revision to the Illinois              Throughout this document whenever
                                              review may be filed, and shall not                      State Implementation Plan (SIP). The                  ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                              postpone the effectiveness of such rule                 revision amends the Illinois                          EPA. This supplementary information
                                              or action. This action may not be                       Administrative Code (IAC) by updating                 section is arranged as follows:
                                              challenged later in proceedings to                      the definition of volatile organic                    I. What is the background for this action?
                                              enforce its requirements (see section                   material (VOM), otherwise known as                    II. What is EPA’s analysis of the SIP
                                              307(b)(2)).                                             volatile organic compounds (VOC), to                       Revision?
                                                                                                      exclude 2-amino-2-methyl-1-propanol                   III. What action is EPA taking?
                                              List of Subjects in 40 CFR Part 52                      (AMP). This revision is in response to                IV. Incorporation by Reference
                                                                                                      an EPA rulemaking in 2014 which                       V. Statutory and Executive Order Reviews
                                                Environmental protection, Air                         exempted this compound from the
                                              pollution control, Incorporation by                                                                           I. What is the background for this
                                                                                                      Federal definition of VOC on the basis                action?
                                              reference, Intergovernmental relations,                 that the compound makes a negligible
                                              Particulate matter, Reporting and                       contribution to tropospheric ozone                       The Illinois Environmental Protection
                                              recordkeeping requirements.                             formation.                                            Agency (IEPA) submitted a revision to
                                                                                                                                                            the Illinois SIP to EPA for approval on
                                                Dated: November 10, 2016.                             DATES:  This direct final rule will be                August 9, 2016. The SIP revision
                                              Alexis Strauss,                                         effective February 27, 2017, unless EPA               excludes the chemical compound 2-
                                              Acting Regional Administrator, Region IX.               receives adverse comments by January                  amino-2-methyl-1-propanol (AMP) from
                                                                                                      27, 2017. If adverse comments are                     the definition of VOM or VOC at 35 IAC
                                                Part 52, Chapter I, Title 40 of the Code              received, EPA will publish a timely                   Part 211, Subpart B, Section
                                              of Federal Regulations is amended as                    withdrawal of the direct final rule in the            211.7150(a).
                                              follows:                                                Federal Register informing the public                    The Illinois Pollution Control Board
                                                                                                      that the rule will not take effect.                   (IPCB) held a public hearing on the
                                              PART 52—APPROVAL AND
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      ADDRESSES: Submit your comments,                      proposed SIP revision on January 8,
                                              PROMULGATION OF
                                                                                                      identified by Docket ID No. EPA–R05–                  2015. There were no public comments
                                              IMPLEMENTATION PLANS
                                                                                                      OAR–2016–0502 at http://                              received at the public hearing. IPCB
                                                                                                      www.regulations.gov or via email to                   received one comment from the
                                              ■ 1. The authority citation for Part 52                 aburano.douglas@epa.gov. For                          American Coatings Association in a
                                              continues to read as follows:                           comments submitted at Regulations.gov,                letter dated December 16, 2014,
                                                  Authority: 42 U.S.C. 7401 et seq.                   follow the online instructions for                    supporting the exemption of AMP from


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Document Created: 2016-12-28 02:16:53
Document Modified: 2016-12-28 02:16:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective on January 27, 2017.
ContactChristine Vineyard, EPA Region IX, (415) 947-4125, [email protected]
FR Citation81 FR 95473 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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