82_FR_13326 82 FR 13280 - Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District

82 FR 13280 - Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 46 (March 10, 2017)

Page Range13280-13282
FR Document2017-04689

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NO<INF>X</INF>) from passenger vehicles. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

Federal Register, Volume 82 Issue 46 (Friday, March 10, 2017)
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Proposed Rules]
[Pages 13280-13282]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04689]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0415; FRL-9959-44-Region 9]


Approval of California Air Plan Revisions, Antelope Valley Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Antelope Valley Air Quality Management 
District (AVAQMD) portion of the California State Implementation Plan 
(SIP). This revision concerns emissions of volatile organic compounds 
(VOCs) and oxides of nitrogen (NOX) from passenger vehicles. 
We are proposing to approve a local rule to regulate these emission 
sources under the Clean Air Act (CAA or the Act). We are taking 
comments on this proposal and plan to follow with a final action.

DATES: Any comments must arrive by April 10, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0415 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the Web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting/-epa-dockets.

[[Page 13281]]


FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415) 
947-4152, [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 rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the date 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD.............................            2200  Transportation Outreach            07/20/99        10/29/99
                                                      Program.
----------------------------------------------------------------------------------------------------------------

    On April 29, 2000, the submittal for AVAQMD Rule 2200 was deemed by 
operation of law to meet the completeness criteria in 40 CFR part 51, 
appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 2200 in the SIP, however, 
when the District succeeded the South Coast Air Quality Management 
District (SCAQMD) on July 1, 1997 as the air agency in the Antelope 
Valley, the SCAQMD rules in effect within the Antelope Valley on that 
date became AVAPCD Rules, including Rule 2202: ``On Road Motor Vehicle 
Mitigation Options.'' On January 20, 1998 the District rescinded Rule 
2202 and subsequently replaced it with Rule 2200. While we can act on 
only the most recently submitted version, we have reviewed materials 
provided with previous submittals.

C. What is the purpose of the submitted rule?

    Rule 2200 provides a mechanism for obtaining documentation of 
emission reductions resulting from trip reduction programs. According 
to the District, the rule is expected to help reduce volatile organic 
compound (VOC) and oxides of nitrogen (NOX) emissions by 
encouraging individuals to select rideshare alternatives to driving 
alone and by educating employees and the public others about the health 
impacts of motor vehicle pollution. VOCs and NOX help 
produce ground-level ozone, and PM, which harm human health and the 
environment. Section 110(a) of the CAA requires States to submit 
regulations that control VOC and NOX emissions. The EPA's 
technical support document (TSD) has more information about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    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). Further, CAA section 182(d)(1)(B) 
permits states with severe or extreme nonattainment areas to ``submit a 
revision at any time requiring employers in such area[s] to implement 
programs to reduce work-related vehicle trips and miles travelled by 
employees. Such revision shall be developed in accordance with guidance 
issued by the Administrator pursuant to [the CAA] and may require that 
employers in such area[s] increase average passenger occupancy per 
vehicle in commuting trips between home and the workplace during peak 
travel periods.'' 42 U.S.C. 7511a.
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:
    ``Guidance on Incorporating Voluntary Mobile Source Emission 
Reduction Programs in State Implementation Plans (SIPs),'' Memorandum 
from Richard D. Wilson, October 24, 1997.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with CAA requirements and 
relevant guidance regarding enforceability, and SIP revisions. The 
rule, however, establishes a framework for documenting emissions 
reductions from trip reduction programs without requiring any specific 
trip reduction programs. In addition, the submittal does not contain a 
good faith estimate of emission reductions. For these two reasons, it 
is not appropriate to credit this rule with emission reductions in a 
SIP at this time. The TSD has more information on our evaluation.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule because we believe it fulfills all 
relevant requirements. We will accept comments from the public on this 
proposal until April 10, 2017. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate this rule into the federally 
enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the AVAQMD the rule described in Table 1 of this notice. 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-4), 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, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve State law 
as

[[Page 13282]]

meeting federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 24, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-04689 Filed 3-9-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                  13280                     Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules

                                                  C. EPA Recommendations to Further                          • does not contain any unfunded                    ENVIRONMENTAL PROTECTION
                                                  Improve the Rules                                       mandate or significantly or uniquely                  AGENCY
                                                    The TSDs describe additional rule                     affect small governments, as described
                                                                                                          in the Unfunded Mandates Reform Act                   40 CFR Part 52
                                                  revisions that we recommend for the
                                                  next time the local agency modifies the                 of 1995 (Pub. L. 104–4);                              [EPA–R09–OAR–2016–0415; FRL–9959–44–
                                                  rules.                                                     • does not have Federalism                         Region 9]
                                                  D. Public Comment and Proposed                          implications as specified in Executive
                                                                                                          Order 13132 (64 FR 43255, August 10,                  Approval of California Air Plan
                                                  Action                                                                                                        Revisions, Antelope Valley Air Quality
                                                                                                          1999);
                                                    As authorized in section 110(k)(3) of                                                                       Management District
                                                  the Act, the EPA proposes to fully                         • is not an economically significant
                                                                                                          regulatory action based on health or                  AGENCY:  Environmental Protection
                                                  approve the submitted rules because
                                                                                                          safety risks subject to Executive Order               Agency (EPA).
                                                  they fulfill all relevant requirements.
                                                  We will accept comments from the                        13045 (62 FR 19885, April 23, 1997);                  ACTION: Proposed rule.
                                                  public on this proposal until April 10,                    • is not a significant regulatory action           SUMMARY:    The Environmental Protection
                                                  2017. If we take final action to approve                subject to Executive Order 13211 (66 FR               Agency (EPA) is proposing to approve a
                                                  the submitted rules, our final action will              28355, May 22, 2001);                                 revision to the Antelope Valley Air
                                                  incorporate these rules into the federally                 • is not subject to requirements of                Quality Management District
                                                  enforceable SIP.
                                                                                                          Section 12(d) of the National                         (AVAQMD) portion of the California
                                                  III. Incorporation by Reference                         Technology Transfer and Advancement                   State Implementation Plan (SIP). This
                                                                                                          Act of 1995 (15 U.S.C. 272 note) because              revision concerns emissions of volatile
                                                    In this rule, the EPA is proposing to
                                                                                                          application of those requirements would               organic compounds (VOCs) and oxides
                                                  include in a final EPA rule regulatory
                                                                                                          be inconsistent with the Clean Air Act;               of nitrogen (NOX) from passenger
                                                  text that includes incorporation by
                                                                                                          and                                                   vehicles. We are proposing to approve a
                                                  reference. In accordance with
                                                                                                                                                                local rule to regulate these emission
                                                  requirements of 1 CFR 51.5, the EPA is                     • does not provide the EPA with the
                                                                                                                                                                sources under the Clean Air Act (CAA
                                                  proposing to incorporate by reference                   discretionary authority to address                    or the Act). We are taking comments on
                                                  the CCQAD and WCHD rules described                      disproportionate human health or                      this proposal and plan to follow with a
                                                  in Table 1 of this preamble. The EPA                    environmental effects with practical,                 final action.
                                                  has made, and will continue to make,                    appropriate, and legally permissible
                                                  these materials available through                                                                             DATES: Any comments must arrive by
                                                                                                          methods under Executive Order 12898
                                                  www.regulations.gov and at the EPA                                                                            April 10, 2017.
                                                                                                          (59 FR 7629, February 16, 1994).
                                                  Region IX Office (please contact the                                                                          ADDRESSES: Submit your comments,
                                                  person identified in the FOR FURTHER                    In addition, the SIP is not approved to               identified by Docket ID No. EPA–R09–
                                                  INFORMATION CONTACT section of this                     apply on any Indian reservation land or               OAR–2016–0415 at http://
                                                  preamble for more information).                         in any other area where the EPA or an                 www.regulations.gov, or via email to
                                                                                                          Indian tribe has demonstrated that a                  steckel.andrew@epa.gov. For comments
                                                  IV. Statutory and Executive Order                                                                             submitted at Regulations.gov, follow the
                                                                                                          tribe has jurisdiction. In those areas of
                                                  Reviews                                                                                                       online instructions for submitting
                                                                                                          Indian country, the rule does not have
                                                    Under the CAA, the Administrator is                   tribal implications and will not impose               comments. Once submitted, comments
                                                  required to approve a SIP submission                    substantial direct costs on tribal                    cannot be edited or removed from
                                                  that complies with the provisions of the                governments or preempt tribal law as                  Regulations.gov. For either manner of
                                                  Act and applicable federal regulations.                 specified by Executive Order 13175 (65                submission, the EPA may publish any
                                                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                     FR 67249, November 9, 2000).                          comment received to its public docket.
                                                  Thus, in reviewing SIP submissions, the                                                                       Do not submit electronically any
                                                  EPA’s role is to approve State choices,                 List of Subjects in 40 CFR Part 52                    information you consider to be
                                                  provided that they meet the criteria of                                                                       Confidential Business Information (CBI)
                                                  the CAA. Accordingly, this proposed                       Environmental protection, Air                       or other information whose disclosure is
                                                  action merely proposes to approve State                 pollution control, Incorporation by                   restricted by statute. Multimedia
                                                  law as meeting federal requirements and                 reference, Intergovernmental relations,               submissions (audio, video, etc.) must be
                                                  does not impose additional                              Particulate matter, Reporting and                     accompanied by a written comment.
                                                  requirements beyond those imposed by                    recordkeeping requirements.                           The written comment is considered the
                                                  State law. For that reason, this proposed                 Authority: 42 U.S.C. 7401 et seq.                   official comment and should include
                                                  action:                                                                                                       discussion of all points you wish to
                                                    • Is not a ‘‘significant regulatory                     Dated: January 19, 2017.                            make. The EPA will generally not
                                                  action’’ subject to review by the Office                Deborah Jordan,                                       consider comments or comment
                                                  of Management and Budget under                          Acting Regional Administrator, Region IX.             contents located outside of the primary
                                                  Executive Order 12866 (58 FR 51735,                     [FR Doc. 2017–04777 Filed 3–9–17; 8:45 am]            submission (i.e. on the Web, cloud, or
                                                  October 4, 1993);                                       BILLING CODE 6560–50–P
                                                                                                                                                                other file sharing system). For
                                                    • does not impose an information                                                                            additional submission methods, please
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  collection burden under the provisions                                                                        contact the person identified in the FOR
                                                  of the Paperwork Reduction Act (44                                                                            FURTHER INFORMATION CONTACT section.
                                                  U.S.C. 3501 et seq.);                                                                                         For the full EPA public comment policy,
                                                    • is certified as not having a                                                                              information about CBI or multimedia
                                                  significant economic impact on a                                                                              submissions, and general guidance on
                                                  substantial number of small entities                                                                          making effective comments, please visit
                                                  under the Regulatory Flexibility Act (5                                                                       http://www2.epa.gov/dockets/
                                                  U.S.C. 601 et seq.);                                                                                          commenting/-epa-dockets.


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                                                                               Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules                                                   13281

                                                  FOR FURTHER INFORMATION CONTACT:                                 A. What rule did the State submit?                      IV. Statutory and Executive Order Reviews
                                                  Jeffrey Buss, EPA Region IX, (415) 947–                          B. Are there other versions of this rule?
                                                                                                                   C. What is the purpose of the submitted                 I. The State’s Submittal
                                                  4152, buss.jeffrey@epa.gov.
                                                                                                                      rule?                                                A. What rule did the State submit?
                                                  SUPPLEMENTARY INFORMATION:                                    II. The EPA’s Evaluation and Action
                                                  Throughout this document, ‘‘we,’’ ‘‘us’’                         A. How is the EPA evaluating the rule?                    Table 1 lists the rule addressed by this
                                                  and ‘‘our’’ refer to the EPA.                                    B. Does the rule meet the evaluation                    proposal with the date that it was
                                                                                                                      criteria?                                            adopted by the local air agency and
                                                  Table of Contents                                                                                                        submitted by the California Air
                                                                                                                   C. Public Comment and Proposed Action
                                                  I. The State’s Submittal                                      III. Incorporation by Reference                            Resources Board.
                                                                                                                       TABLE 1—SUBMITTED RULE
                                                             Local agency                      Rule No.                                         Rule title                                   Adopted       Submitted

                                                  AVAQMD ................................                2200    Transportation Outreach Program .........................................     07/20/99       10/29/99



                                                    On April 29, 2000, the submittal for                        II. The EPA’s Evaluation and Action                        does not contain a good faith estimate
                                                  AVAQMD Rule 2200 was deemed by                                                                                           of emission reductions. For these two
                                                                                                                A. How is the EPA evaluating the rule?
                                                  operation of law to meet the                                                                                             reasons, it is not appropriate to credit
                                                  completeness criteria in 40 CFR part 51,                         SIP rules must be enforceable (see                      this rule with emission reductions in a
                                                  appendix V, which must be met before                          CAA section 110(a)(2)), must not                           SIP at this time. The TSD has more
                                                  formal EPA review.                                            interfere with applicable requirements                     information on our evaluation.
                                                                                                                concerning attainment and reasonable
                                                  B. Are there other versions of this rule?                     further progress or other CAA                              C. Public Comment and Proposed
                                                                                                                requirements (see CAA section 110(l)),                     Action
                                                     There are no previous versions of                          and must not modify certain SIP control                       As authorized in section 110(k)(3) of
                                                  Rule 2200 in the SIP, however, when                           requirements in nonattainment areas                        the Act, the EPA proposes to fully
                                                  the District succeeded the South Coast                        without ensuring equivalent or greater                     approve the submitted rule because we
                                                  Air Quality Management District                               emissions reductions (see CAA section                      believe it fulfills all relevant
                                                  (SCAQMD) on July 1, 1997 as the air                           193). Further, CAA section 182(d)(1)(B)                    requirements. We will accept comments
                                                  agency in the Antelope Valley, the                            permits states with severe or extreme                      from the public on this proposal until
                                                  SCAQMD rules in effect within the                             nonattainment areas to ‘‘submit a                          April 10, 2017. Unless we receive
                                                  Antelope Valley on that date became                           revision at any time requiring employers                   convincing new information during the
                                                  AVAPCD Rules, including Rule 2202:                            in such area[s] to implement programs                      comment period, we intend to publish
                                                  ‘‘On Road Motor Vehicle Mitigation                            to reduce work-related vehicle trips and                   a final approval action that will
                                                  Options.’’ On January 20, 1998 the                            miles travelled by employees. Such                         incorporate this rule into the federally
                                                  District rescinded Rule 2202 and                              revision shall be developed in                             enforceable SIP.
                                                  subsequently replaced it with Rule                            accordance with guidance issued by the
                                                                                                                                                                           III. Incorporation by Reference
                                                  2200. While we can act on only the most                       Administrator pursuant to [the CAA]
                                                                                                                and may require that employers in such                        In this rule, the EPA is proposing to
                                                  recently submitted version, we have                                                                                      include in a final EPA rule regulatory
                                                                                                                area[s] increase average passenger
                                                  reviewed materials provided with                                                                                         text that includes incorporation by
                                                                                                                occupancy per vehicle in commuting
                                                  previous submittals.                                          trips between home and the workplace                       reference. In accordance with
                                                  C. What is the purpose of the submitted                       during peak travel periods.’’ 42 U.S.C.                    requirements of 1 CFR 51.5, the EPA is
                                                  rule?                                                         7511a.                                                     proposing to incorporate by reference
                                                                                                                   Guidance and policy documents that                      the AVAQMD the rule described in
                                                    Rule 2200 provides a mechanism for                          we use to evaluate enforceability,                         Table 1 of this notice. The EPA has
                                                  obtaining documentation of emission                           revision/relaxation and rule stringency                    made, and will continue to make, these
                                                  reductions resulting from trip reduction                      requirements for the applicable criteria                   documents available electronically
                                                  programs. According to the District, the                      pollutants include the following:                          through www.regulations.gov and in
                                                  rule is expected to help reduce volatile                         ‘‘Guidance on Incorporating                             hard copy at U.S. Environmental
                                                  organic compound (VOC) and oxides of                          Voluntary Mobile Source Emission                           Protection Agency Region IX (Air-4), 75
                                                  nitrogen (NOX) emissions by                                   Reduction Programs in State                                Hawthorne Street, San Francisco, CA,
                                                  encouraging individuals to select                             Implementation Plans (SIPs),’’                             94105–3901.
                                                  rideshare alternatives to driving alone                       Memorandum from Richard D. Wilson,
                                                                                                                                                                           IV. Statutory and Executive Order
                                                                                                                October 24, 1997.
                                                  and by educating employees and the                                                                                       Reviews
                                                  public others about the health impacts                        B. Does the rule meet the evaluation                         Under the Clean Air Act, the
                                                  of motor vehicle pollution. VOCs and                          criteria?                                                  Administrator is required to approve a
                                                  NOX help produce ground-level ozone,                             We believe this rule is consistent with                 SIP submission that complies with the
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  and PM, which harm human health and                           CAA requirements and relevant                              provisions of the Act and applicable
                                                  the environment. Section 110(a) of the                        guidance regarding enforceability, and                     federal regulations. 42 U.S.C. 7410(k);
                                                  CAA requires States to submit                                 SIP revisions. The rule, however,                          40 CFR 52.02(a). Thus, in reviewing SIP
                                                  regulations that control VOC and NOX                          establishes a framework for                                submissions, EPA’s role is to approve
                                                  emissions. The EPA’s technical support                        documenting emissions reductions from                      State choices, provided that they meet
                                                  document (TSD) has more information                           trip reduction programs without                            the criteria of the Clean Air Act.
                                                  about this rule.                                              requiring any specific trip reduction                      Accordingly, this proposed action
                                                                                                                programs. In addition, the submittal                       merely proposes to approve State law as


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                                                  13282                     Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Proposed Rules

                                                  meeting federal requirements and does                     Dated: August 24, 2016.                             Once submitted, comments cannot be
                                                  not impose additional requirements                      Alexis Strauss,                                       edited or withdrawn. The EPA may
                                                  beyond those imposed by State law. For                  Acting Regional Administrator, Region IX.             publish any comment received to its
                                                  that reason, this proposed action:                      [FR Doc. 2017–04689 Filed 3–9–17; 8:45 am]            public docket. Do not submit
                                                     • Is not a ‘‘significant regulatory                  BILLING CODE 6560–50–P
                                                                                                                                                                electronically any information you
                                                  action’’ subject to review by the Office                                                                      consider to be Confidential Business
                                                  of Management and Budget under                                                                                Information (CBI) or other information
                                                  Executive Order 12866 (58 FR 51735,                     ENVIRONMENTAL PROTECTION                              of which disclosure is restricted by
                                                  October 4, 1993);                                       AGENCY                                                statute. Multimedia submissions (audio,
                                                     • Does not impose an information                                                                           video, etc.) must be accompanied by a
                                                  collection burden under the provisions                  40 CFR Part 194                                       written comment. The written comment
                                                  of the Paperwork Reduction Act (44                                                                            is considered the official comment and
                                                                                                          [EPA–HQ–OAR–2014–0609; FRL–9958–69–
                                                  U.S.C. 3501 et seq.);                                   OAR]                                                  should include discussion of all points
                                                     • Is certified as not having a                                                                             you wish to make. The EPA will
                                                  significant economic impact on a                        Notification of Completeness of the                   generally not consider comments or
                                                  substantial number of small entities                    Department of Energy’s Compliance                     comment contents located outside of the
                                                  under the Regulatory Flexibility Act (5                 Recertification Application for the                   primary submission (i.e. on the Web,
                                                  U.S.C. 601 et seq.);                                    Waste Isolation Pilot Plant                           cloud, or other file sharing system). For
                                                     • Does not contain any unfunded                                                                            additional submission methods, the full
                                                  mandate or significantly or uniquely                    AGENCY:   Environmental Protection                    EPA public comment policy,
                                                  affect small governments, as described                  Agency (EPA).                                         information about CBI or multimedia
                                                  in the Unfunded Mandates Reform Act                     ACTION: Notice of completeness of                     submissions, and general guidance on
                                                  of 1995 (Pub. L. 104–4);                                recertification application and                       making effective comments, please visit
                                                     • Does not have Federalism                           announcement of end of public                         http://www2.epa.gov/dockets/
                                                  implications as specified in Executive                  comment period.                                       commenting-epa-dockets.
                                                  Order 13132 (64 FR 43255, August 10,                                                                          FOR FURTHER INFORMATION CONTACT: Ray
                                                  1999);                                                  SUMMARY:    The Environmental Protection              Lee, Radiation Protection Division,
                                                     • Is not an economically significant                 Agency (EPA or ‘‘the Agency’’) has                    Center for Radiation Information and
                                                  regulatory action based on health or                    determined that the Department of                     Outreach, Mail Code 6608T, U.S.
                                                  safety risks subject to Executive Order                 Energy’s (DOE) Compliance                             Environmental Protection Agency, 1200
                                                  13045 (62 FR 19885, April 23, 1997);                    Recertification Application (CRA or                   Pennsylvania Avenue, Washington, DC
                                                     • Is not a significant regulatory action             ‘‘application’’) for the Waste Isolation              20460; telephone number: 202–343–
                                                  subject to Executive Order 13211 (66 FR                 Pilot Plant (WIPP) is complete. The EPA               9463; fax number: 202–343–2305; email
                                                  28355, May 22, 2001);                                   provided written notice of the                        address: lee.raymond@epa.gov.
                                                     • Is not subject to requirements of                  completeness decision to the Secretary                SUPPLEMENTARY INFORMATION:
                                                  section 12(d) of the National                           of Energy on January 13, 2017. The text
                                                  Technology Transfer and Advancement                     of the letter is contained in the                     I. General Information
                                                  Act of 1995 (15 U.S.C. 272 note) because                SUPPLEMENTARY INFORMATION.                            What should I consider as I prepare my
                                                  application of those requirements would                    The Agency has determined that the                 comments for EPA?
                                                  be inconsistent with the Clean Air Act;                 application is complete, in accordance
                                                                                                          with EPA regulations. The completeness                  1. Submitting CBI. Do not submit this
                                                  and                                                                                                           information to the EPA through
                                                     • Does not provide EPA with the                      determination is an administrative step
                                                                                                                                                                www.regulations.gov or email. Clearly
                                                  discretionary authority to address                      that is required by regulation, and it
                                                                                                          does not imply in any way that the CRA                mark the part or all of the information
                                                  disproportionate human health or                                                                              that you claim to be CBI. For CBI
                                                  environmental effects with practical,                   demonstrates compliance with the
                                                                                                          Compliance Certification Criteria or the              information in a disk or CD ROM that
                                                  appropriate, and legally permissible                                                                          you mail to the EPA, mark the outside
                                                  methods under Executive Order 12898                     disposal regulations. The EPA is now
                                                                                                          engaged in the full technical review that             of the disk or CD ROM as CBI and then
                                                  (59 FR 7629, February 16, 1994).                                                                              identify electronically within the disk or
                                                  In addition, the SIP is not approved to                 will determine if the WIPP remains in
                                                                                                          compliance with the disposal                          CD ROM the specific information that is
                                                  apply on any Indian reservation land or                                                                       claimed as CBI. In addition to one
                                                  in any other area where the EPA or an                   regulations. As required by the 1992
                                                                                                          WIPP Land Withdrawal Act and its                      complete version of the comment that
                                                  Indian tribe has demonstrated that a                                                                          includes information claimed as CBI, a
                                                  tribe has jurisdiction. In those areas of               implementing regulations, the EPA will
                                                                                                          make a final recertification decision                 copy of the comment that does not
                                                  Indian country, the rule does not have                                                                        contain the information claimed as CBI
                                                  tribal implications and will not impose                 within six months of issuing the
                                                                                                          completeness letter to the Secretary of               must be submitted for inclusion in the
                                                  substantial direct costs on tribal                                                                            public docket. Information so marked
                                                  governments or preempt tribal law as                    Energy.
                                                                                                                                                                will not be disclosed except in
                                                  specified by Executive Order 13175 (65                  DATES:  The EPA opened the public                     accordance with procedures set forth in
                                                  FR 67249, November 9, 2000).                            comment period upon receipt of the                    40 CFR part 2.
                                                                                                          2014 CRA (79 FR 61268, October 10,                      2. Tips for Preparing Your Comments.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  List of Subjects in 40 CFR Part 52
                                                                                                          2014). Comments must be received on                   When submitting comments, remember
                                                    Environmental protection, Air                         or before April 10, 2017.                             to:
                                                  pollution control, Incorporation by                     ADDRESSES: Submit your comments,                        • Identify the rulemaking by docket
                                                  reference, Intergovernmental relations,                 identified by Docket ID No. EPA–HQ–                   number and other identifying
                                                  Nitrogen dioxide, Ozone, Reporting and                  OAR–2014–0609, to the Federal                         information (subject heading, Federal
                                                  recordkeeping requirements, Volatile                    eRulemaking Portal: http://                           Register date and page number).
                                                  organic compounds.                                      www.regulations.gov. Follow the online                  • Follow directions—The Agency
                                                     Authority: 42 U.S.C. 7401 et seq.                    instructions for submitting comments.                 may ask you to respond to specific


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Document Created: 2018-02-01 14:52:41
Document Modified: 2018-02-01 14:52:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesAny comments must arrive by April 10, 2017.
ContactJeffrey Buss, EPA Region IX, (415) 947-4152, [email protected]
FR Citation82 FR 13280 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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