82 FR 13398 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 47 (March 13, 2017)

Page Range		13398-13399
FR Document		2017-04778

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) and particulate matter (PM) from confined animal facilities (CAFs). We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 82 Issue 47 (Monday, March 13, 2017)

[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Rules and Regulations]
[Pages 13398-13399]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04778]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0245; FRL-9958-43-Region 9]


Approval of California Air Plan Revisions, Yolo-Solano Air 
Quality Management 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 Yolo-Solano Air Quality Management 
District (YSAQMD) portion of the California State Implementation Plan 
(SIP). This revision concerns emissions of volatile organic compounds 
(VOCs) and particulate matter (PM) from confined animal facilities 
(CAFs). We are approving a local rule that regulates these emission 
sources under the Clean Air Act (CAA or the Act).

DATES: This rule will be effective on April 12, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2016-0245. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly-available, e.g., 
Confidential Business Information (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: Nancy Levin, EPA Region IX, (415) 972-
3848, [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 December 1, 2016 (81 FR 86662), the EPA proposed to approve the 
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
          Local agency              Rule No.               Rule title                 Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD..........................         11.2  Confined Animal Facilities Permit        06/14/06        10/05/06
                                                Program.
----------------------------------------------------------------------------------------------------------------

    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 no comments.

III. EPA Action

    No comments were submitted. 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 
YSAQMD 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

[[Page 13399]]

Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 
3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 12, 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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 6, 2017.
Deborah Jordan,
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)(347)(i)(E) to read 
as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (347) * * *
    (i) * * *
    (E) Yolo Solano Air Quality Management District.
    (1) Rule 11.2, ``Confined Animal Facilities Permit Program,'' 
adopted on June 14, 2006.
* * * * *
[FR Doc. 2017-04778 Filed 3-10-17; 8:45 am]
 BILLING CODE 6560-50-P

13398 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations

Planning Emissions Inventories’’); the contingency measures, and other DATES: This rule will be effective on
2011 and 2012 winter and annual planning SIPs related to attainment for April 12, 2017.
average inventories in Table 3.7 (‘‘NOX as long as this area continues to attain ADDRESSES: The EPA has established a
Emissions Inventory by Major Source the 2006 24-hour PM2.5 NAAQS. If EPA docket for this action under Docket ID
Category 2008, 2011 and 2012 Winter determines, after notice-and-comment No. EPA–R09–OAR–2016–0245. All
and Annual Planning Emissions rulemaking, that this area no longer documents in the docket are listed on
Inventories’’); the 2011 and 2012 winter meets the 2006 24-hour PM2.5 NAAQS, the http://www.regulations.gov Web
and annual average inventories in Table the corresponding determination of site. Although listed in the index, some
3.8 (‘‘VOCs Emissions Inventory by attainment for that area shall be information is not publicly-available,
Major Source Category 2008, 2011 and withdrawn. e.g., Confidential Business Information
2012 Winter and Annual Planning [FR Doc. 2017–04780 Filed 3–10–17; 8:45 am] (CBI) or other information whose
Emissions Inventories’’); the 2011 and BILLING CODE 6560–50–P disclosure is restricted by statute.
2012 winter and annual average
Certain other material, such as
inventories in Table 3.9 (‘‘SOX
copyrighted material, is not placed on
Emissions Inventory by Major Source ENVIRONMENTAL PROTECTION the Internet and will be publicly-
Category 2008, 2011 and 2012 Winter AGENCY available only in hard copy form.
and Annual Planning Emissions
Publicly available docket materials are
Inventories’’); and the 2011 and 2012 40 CFR Part 52
winter and annual average inventories available through http://
in Table 3.10 (‘‘Ammonia Emissions [EPA–R09–OAR–2016–0245; FRL–9958–43– www.regulations.gov, or please contact
Region 9] the person identified in the FOR FURTHER
Inventory by Major Source Category
INFORMATION CONTACT section for
2008, 2011 and 2012 Winter and Annual Approval of California Air Plan
Planning Emissions Inventories’’). additional availability information.
Revisions, Yolo-Solano Air Quality
■ 3. Section 52.247 is amended by Management District FOR FURTHER INFORMATION CONTACT:
adding paragraph (i) to read as follows: Nancy Levin, EPA Region IX, (415) 972–
AGENCY: Environmental Protection 3848, levin.nancy@epa.gov.
§ 52.247 Control strategy and regulations: Agency (EPA).
Fine Particle Matter. SUPPLEMENTARY INFORMATION:
ACTION: Final rule. Throughout this document, ‘‘we,’’ ‘‘us’’
* * * * *
(i) Determination of attainment. SUMMARY: The Environmental Protection and ‘‘our’’ refer to the EPA.
Effective May 12, 2017, EPA has Agency (EPA) is taking final action to Table of Contents
determined that, based on 2013 to 2015 approve a revision to the Yolo-Solano
ambient air quality data, the Imperial Air Quality Management District I. Proposed Action
County PM2.5 nonattainment area has (YSAQMD) portion of the California II. Public Comments and EPA Responses
attained the 2006 24-hour PM2.5 State Implementation Plan (SIP). This III. EPA Action
NAAQS. Under the provisions of EPA’s revision concerns emissions of volatile IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
PM2.5 implementation rule (see 40 CFR organic compounds (VOCs) and
51.1015), this determination suspends particulate matter (PM) from confined I. Proposed Action
the requirements for this area to submit animal facilities (CAFs). We are
an attainment demonstration, associated approving a local rule that regulates On December 1, 2016 (81 FR 86662),
reasonably available control measures, a these emission sources under the Clean the EPA proposed to approve the
reasonable further progress plan, Air Act (CAA or the Act). following rule into the California SIP.

Local agency Rule No. Rule title Adopted Submitted

YSAQMD ........ 11.2 Confined Animal Facilities Permit Program ........................................................ 06/14/06 10/05/06

We proposed to approve this rule IV. Incorporation by Reference V. Statutory and Executive Order
because we determined that it complied Reviews
with the relevant CAA requirements. In this rule, the EPA is finalizing
regulatory text that includes Under the Clean Air Act, the
Our proposed action contains more
incorporation by reference. In Administrator is required to approve a
information on the rule and our SIP submission that complies with the
evaluation. accordance with requirements of 1 CFR
51.5, the EPA is finalizing the provisions of the Act and applicable
II. Public Comments and EPA incorporation by reference of the federal regulations. 42 U.S.C. 7410(k);
Responses YSAQMD rule described in the 40 CFR 52.02(a). Thus, in reviewing SIP
amendments to 40 CFR part 52 set forth submissions, the EPA’s role is to
The EPA’s proposed action provided approve state choices, provided that
below. The EPA has made, and will
a 30-day public comment period. During they meet the criteria of the Clean Air
continue to make, these documents
this period, we received no comments. Act. Accordingly, this action merely
available through www.regulations.gov
approves state law as meeting federal
III. EPA Action and at the EPA Region IX Office (please
jstallworth on DSK7TPTVN1PROD with RULES

requirements and does not impose
contact the person identified in the FOR additional requirements beyond those
No comments were submitted. FURTHER INFORMATION CONTACT section of
Therefore, as authorized in section imposed by state law. For that reason,
this preamble for more information). this action:
110(k)(3) of the Act, the EPA is fully
approving this rule into the California • Is not a significant regulatory action
SIP. subject to review by the Office of
Management and Budget under

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Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations 13399

Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect DEPARTMENT OF HOMELAND
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the SECURITY
January 21, 2011); Federal Register. This action is not a
• does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. Federal Emergency Management
collection burden under the provisions 804(2). Agency
of the Paperwork Reduction Act (44
Under section 307(b)(1) of the Clean
U.S.C. 3501 et seq.); 44 CFR Part 64
• is certified as not having a Air Act, petitions for judicial review of
this action must be filed in the United [Docket ID FEMA–2016–0002; Internal
significant economic impact on a Agency Docket No. FEMA–8469]
substantial number of small entities States Court of Appeals for the
under the Regulatory Flexibility Act (5 appropriate circuit by May 12, 2017.
Suspension of Community Eligibility
U.S.C. 601 et seq.); Filing a petition for reconsideration by
• does not contain any unfunded the Administrator of this final rule does AGENCY: Federal Emergency
mandate or significantly or uniquely not affect the finality of this action for Management Agency, DHS.
affect small governments, as described the purposes of judicial review nor does ACTION: Final rule.
in the Unfunded Mandates Reform Act it extend the time within which a
of 1995 (Pub. L. 104–4); petition for judicial review may be filed, SUMMARY: This rule identifies
• does not have Federalism and shall not postpone the effectiveness communities where the sale of flood
implications as specified in Executive of such rule or action. This action may insurance has been authorized under
Order 13132 (64 FR 43255, August 10, not be challenged later in proceedings to the National Flood Insurance Program
1999); enforce its requirements (see section (NFIP) that are scheduled for
• is not an economically significant 307(b)(2)). suspension on the effective dates listed
regulatory action based on health or within this rule because of
safety risks subject to Executive Order List of Subjects in 40 CFR Part 52 noncompliance with the floodplain
13045 (62 FR 19885, April 23, 1997); management requirements of the
Environmental protection, Air
• is not a significant regulatory action program. If the Federal Emergency
pollution control, Incorporation by Management Agency (FEMA) receives
subject to Executive Order 13211 (66 FR
reference, Intergovernmental relations, documentation that the community has
28355, May 22, 2001);
• is not subject to requirements of Ozone, Particulate matter, Reporting adopted the required floodplain
Section 12(d) of the National and recordkeeping requirements, management measures prior to the
Technology Transfer and Advancement Volatile organic compounds. effective suspension date given in this
Act of 1995 (15 U.S.C. 272 note) because Dated: January 6, 2017. rule, the suspension will not occur and
application of those requirements would Deborah Jordan, a notice of this will be provided by
be inconsistent with the Clean Air Act; Acting Regional Administrator, Region IX.
publication in the Federal Register on a
and subsequent date. Also, information
• does not provide the EPA with the Part 52, Chapter I, Title 40 of the Code identifying the current participation
discretionary authority to address, as of Federal Regulations is amended as status of a community can be obtained
appropriate, disproportionate human follows: from FEMA’s Community Status Book
health or environmental effects, using (CSB). The CSB is available at https://
practicable and legally permissible PART 52—APPROVAL AND www.fema.gov/national-flood-
methods, under Executive Order 12898 PROMULGATION OF insurance-program-community-status-
(59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS book.
In addition, the SIP is not approved
to apply on any Indian reservation land DATES: The effective date of each
■ 1. The authority citation for part 52 community’s scheduled suspension is
or in any other area where the EPA or
continues to read as follows: the third date (‘‘Susp.’’) listed in the
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Authority: 42 U.S.C. 7401 et seq. third column of the following tables.
Indian country, the rule does not have FOR FURTHER INFORMATION CONTACT: If
tribal implications and will not impose Subpart F—California you want to determine whether a
substantial direct costs on tribal particular community was suspended
governments or preempt tribal law as ■ 2. Section 52.220 is amended by on the suspension date or for further
specified by Executive Order 13175 (65 adding paragraph (c)(347)(i)(E) to read information, contact Patricia Suber,
FR 67249, November 9, 2000). as follows: Federal Insurance and Mitigation
The Congressional Review Act, 5 Administration, Federal Emergency
U.S.C. 801 et seq., as added by the Small § 52.220 Identification of plan—in part. Management Agency, 400 C Street SW.,
Business Regulatory Enforcement * * * * * Washington, DC 20472, (202) 646–4149.
Fairness Act of 1996, generally provides (c) * * * SUPPLEMENTARY INFORMATION: The NFIP
that before a rule may take effect, the enables property owners to purchase
agency promulgating the rule must (347) * * * Federal flood insurance that is not
submit a rule report, which includes a (i) * * * otherwise generally available from
copy of the rule, to each House of the (E) Yolo Solano Air Quality private insurers. In return, communities
Congress and to the Comptroller General Management District. agree to adopt and administer local
jstallworth on DSK7TPTVN1PROD with RULES

of the United States. The EPA will floodplain management measures aimed
submit a report containing this action (1) Rule 11.2, ‘‘Confined Animal at protecting lives and new construction
and other required information to the Facilities Permit Program,’’ adopted on from future flooding. Section 1315 of
U.S. Senate, the U.S. House of June 14, 2006. the National Flood Insurance Act of
Representatives, and the Comptroller * * * * * 1968, as amended, 42 U.S.C. 4022,
General of the United States prior to [FR Doc. 2017–04778 Filed 3–10–17; 8:45 am] prohibits the sale of NFIP flood
publication of the rule in the Federal BILLING CODE 6560–50–P insurance unless an appropriate public

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Document Created: 2018-02-01 14:57:40
Document Modified: 2018-02-01 14:57:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule will be effective on April 12, 2017.
Contact		Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected]
FR Citation		82 FR 13398
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds