82_FR_17448 82 FR 17380 - Approval of California Air Plan Revisions, Butte County Air Quality Management District

82 FR 17380 - Approval of California Air Plan Revisions, Butte County Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 68 (April 11, 2017)

Page Range17380-17382
FR Document2017-07151

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Butte County Air Quality Management District (BCAQMD) portion of the California State Implementation Plan (SIP). This revision concerns the necessary procedures to create emission reduction credits (ERCs) from the reduction of volatile organic compounds (VOCs), oxides of nitrogen, oxides of sulfur, particulate matter and carbon monoxide emissions due to the permanent curtailment of burning rice straw. We are approving a local rule that provides administrative procedures for creating ERCs consistent with Clean Air Act (CAA or the Act) requirements.

Federal Register, Volume 82 Issue 68 (Tuesday, April 11, 2017)
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Rules and Regulations]
[Pages 17380-17382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07151]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0466; FRL-9957-15-Region 9]


Approval of California Air Plan Revisions, Butte County Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Butte County Air Quality 
Management District (BCAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns the necessary 
procedures to create emission reduction credits (ERCs) from the 
reduction of volatile organic compounds (VOCs), oxides of nitrogen, 
oxides of sulfur, particulate matter and carbon monoxide emissions due 
to the permanent curtailment of burning rice straw. We are approving a 
local rule that provides administrative procedures for creating ERCs 
consistent with Clean Air Act (CAA or the Act) requirements.

DATES: This rule is effective on June 12, 2017 without further notice, 
unless the EPA receives adverse comments by May 11, 2017. If we receive 
such comments, we will publish a timely withdrawal in the Federal 
Register to notify the public that this direct final rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0466 at http://www.regulations.gov, or via email to Andrew 
Steckel, Rulemaking Office Chief at [email protected]. For 
comments submitted at Regulations.gov, follow the online instructions 
for submitting comments. Once submitted, comments cannot be removed or 
edited 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

[[Page 17381]]

additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: 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. 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. EPA Recommendations To Further Improve the Rule
    D. 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 action with the dates that 
it was adopted by the local air agency and submitted by the California 
Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
         Local agency             Rule No.        Rule title          Amended                 Submitted
----------------------------------------------------------------------------------------------------------------
BCAQMD........................          433   Rice Straw         April 24, 2014...  November 6, 2014.
                                               Emission
                                               Reduction
                                               Credits.
----------------------------------------------------------------------------------------------------------------

    On December 18, 2014, the EPA determined that the submittal for 
BCAQMD Rule 433 met the completeness criteria in 40 CFR part 51 
Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 433 in the SIP, although the 
BCAQMD adopted an earlier version of this rule on August 26, 2010, and 
CARB submitted it to us on February 6, 2013. 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?

    Historically, the practice of rice growing included burning the 
field stubble or straw following harvest to kill weeds and insects, and 
to prepare the field for the next year's plantings. The purpose of Rule 
433 is to provide procedures to quantify, certify and issue ERCs that 
have resulted from the permanent curtailment of rice straw burning in 
the BCAQMD. Approval of Rule 433 into the SIP would allow these ERCs to 
be used as offsets under BCAQMD's New Source Review (NSR) rule. 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 emission 
reductions (see CAA section 193). In addition, a rule that generates 
ERCs for use as offsets in the NSR program must meet the NSR 
requirement for valid offsets (see section 173(c)) and should meet the 
criteria set forth in EPA's guidance concerning economic incentive 
programs.
    Guidance and policy documents that we use to evaluate 
enforceability, SIP relaxation, NSR and rule stringency requirements 
for the applicable criteria include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990)
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. New Source Review--Section 173(c) of the CAA and 40 CFR part 51, 
appendix S, ``Emission Offset Interpretative Ruling'' require certain 
sources to obtain emission reductions to offset increased emissions 
from new projects.
    4. ``Improving Air Quality with Economic Incentive Programs,'' EPA-
452/R-01-001, January 2001.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and 
guidance regarding enforceability and economic incentive programs. This 
rule includes detailed emissions quantification protocols and 
enforceable procedures that provide the necessary assurance that the 
ERCs issued will meet the criteria for valid NSR offsets. The TSD has 
more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rule. If we 
receive adverse comments by May 11, 2017, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on June 12, 2017. This will incorporate the rule 
into the federally enforceable SIP.
    Please note that if the EPA receives an adverse comment on an 
amendment, paragraph or section of this rule, and if that provision may 
be severed from the remainder of the rule, the EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the

[[Page 17382]]

BCAQMD 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).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (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 
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 June 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. This action may not be challenged 
later in proceedings to enforce its requirements (see section 
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: December 9, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Editorial note:  This document was received at the Office of the 
Federal Register on April 5, 2017.

    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)(457)(i)(C)(5) to 
read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (457) * * *
    (i) * * *
    (C) * * *
    (5) Rule 433, ``Rice Straw Emission Reduction Credits,'' amended on 
April 24, 2014.
* * * * *
[FR Doc. 2017-07151 Filed 4-10-17; 8:45 am]
 BILLING CODE 6560-50-P



                                              17380               Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Rules and Regulations

                                              boundaries, altitudes, or operating                     Lists of Subjects in 14 CFR Part 71:                    ENVIRONMENTAL PROTECTION
                                              requirements of the airspace, therefore,                                                                        AGENCY
                                              notice and public procedure under 5                      Airspace, Incorporation by reference,
                                              U.S.C. 553(b) is unnecessary.                           Navigation (Air).                                       40 CFR Part 52
                                              Regulatory Notices and Analyses                         The Amendment                                           [EPA–R09–OAR–2016–0466; FRL–9957–15-
                                                                                                                                                              Region 9]
                                                 The FAA has determined that this                       In consideration of the foregoing, the
                                              regulation only involves an established                 Federal Aviation Administration                         Approval of California Air Plan
                                              body of technical regulations for which                 amends 14 CFR part 71 as follows:                       Revisions, Butte County Air Quality
                                              frequent and routine amendments are                                                                             Management District
                                              necessary to keep them operationally                    PART 71—DESIGNATION OF CLASS A,
                                                                                                                                                              AGENCY: Environmental Protection
                                              current. It, therefore: (1) Is not a                    B, C, D, AND E AIRSPACE AREAS; AIR                      Agency (EPA).
                                              ‘‘significant regulatory action’’ under                 TRAFFIC SERVICE ROUTES; AND
                                                                                                                                                              ACTION: Direct final rule.
                                              Executive Order 12866; (2) is not a                     REPORTING POINTS
                                              ‘‘significant rule’’ under Department of                                                                        SUMMARY:    The Environmental Protection
                                              Transportation (DOT) Regulatory                         ■ 1. The authority citation for Part 71                 Agency (EPA) is taking direct final
                                              Policies and Procedures (44 FR 11034;                   continues to read as follows:                           action to approve a revision to the Butte
                                              February 26, 1979); and (3) does not                                                                            County Air Quality Management District
                                                                                                        Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                              warrant preparation of a Regulatory                                                                             (BCAQMD) portion of the California
                                                                                                      40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                              Evaluation as the anticipated impact is                                                                         State Implementation Plan (SIP). This
                                                                                                      1959–1963 Comp., p. 389.
                                              so minimal. Since this is a routine                                                                             revision concerns the necessary
                                              matter that only affects air traffic                    § 71.1       [Amended]                                  procedures to create emission reduction
                                              procedures and air navigation, it is                                                                            credits (ERCs) from the reduction of
                                                                                                      ■ 2. The incorporation by reference in                  volatile organic compounds (VOCs),
                                              certified that this rule, when
                                              promulgated, does not have a significant                14 CFR 71.1 of FAA Order 7400.911A,                     oxides of nitrogen, oxides of sulfur,
                                              economic impact on a substantial                        Airspace Designations and Reporting                     particulate matter and carbon monoxide
                                              number of small entities under the                      Points, dated August 3, 2016, effective                 emissions due to the permanent
                                                                                                      September 15, 2016, is amended as                       curtailment of burning rice straw. We
                                              criteria of the Regulatory Flexibility Act.
                                                                                                      follows:                                                are approving a local rule that provides
                                              Environmental Review                                                                                            administrative procedures for creating
                                                                                                      Paragraph 4000         Class C Airspace.                ERCs consistent with Clean Air Act
                                                 The FAA has determined that this                     *        *      *       *      *                        (CAA or the Act) requirements.
                                              action of modifying the Little Rock, AR,                                                                        DATES: This rule is effective on June 12,
                                              Class C airspace area by amending the                   ASW AR C Little Rock, AR
                                                                                                                                                              2017 without further notice, unless the
                                              legal description to contain the current                Bill and Hillary Clinton National/Adams                 EPA receives adverse comments by May
                                              airport name and updating airport                            Field, AR                                          11, 2017. If we receive such comments,
                                              reference point (ARP) information to                      (Lat. 34°43′46″ N., long. 92°13′29″ W.)
                                                                                                                                                              we will publish a timely withdrawal in
                                              match the FAA’s aeronautical database                   That airspace extending upward from the                 the Federal Register to notify the public
                                              and charted information qualifies for                   surface to and including 4,300 feet MSL                 that this direct final rule will not take
                                              categorical exclusion under the National                within a 5-mile radius of the Bill and Hillary          effect.
                                              Environmental Policy Act, and its                       Clinton National/Adams Field; and that                  ADDRESSES: Submit your comments,
                                              agency implementing regulations in                      airspace extending upward from 1,500 feet               identified by Docket ID No. EPA–R09–
                                              FAA Order 1050.1F, ‘‘Environmental                      MSL to and including 4,300 feet MSL within              OAR–2016–0466 at http://
                                              Impacts: Policies and Procedures’’                      a 10-mile radius of the Bill and Hillary
                                                                                                                                                              www.regulations.gov, or via email to
                                              regarding categorical exclusions for                    Clinton National/Adams Field from the 030°
                                                                                                                                                              Andrew Steckel, Rulemaking Office
                                              procedural actions at paragraph 5–6.5a,                 bearing from the airport clockwise to the 210°
                                                                                                                                                              Chief at Steckel.Andrew@epa.gov. For
                                              which categorically excludes from full                  bearing from the airport and that airspace
                                                                                                                                                              comments submitted at Regulations.gov,
                                              environmental impact review                             extending upward from 1,800 feet MSL to
                                                                                                                                                              follow the online instructions for
                                              rulemaking actions that designate or                    and including 4,300 feet MSL within a 10-
                                                                                                                                                              submitting comments. Once submitted,
                                              modify classes of airspace areas,                       mile radius of the airport from the 210°
                                                                                                      bearing from the airport clockwise to the 310°
                                                                                                                                                              comments cannot be removed or edited
                                              airways, routes, and reporting points.                                                                          from Regulations.gov. For either manner
                                                                                                      bearing from the airport and that airspace
                                              Since this action does not change the                                                                           of submission, the EPA may publish any
                                                                                                      extending upward from 2,100 feet MSL to
                                              boundaries, altitudes, or operating                                                                             comment received to its public docket.
                                                                                                      and including 4,300 feet MSL from the 310°
                                              requirements of the Class C airspace                                                                            Do not submit electronically any
                                                                                                      bearing from the airport clockwise to the 030°
                                              area, this airspace action is not expected                                                                      information you consider to be
                                                                                                      bearing from the airport, excluding that
                                              to result in any significant                            airspace within R–2403B when active.                    Confidential Business Information (CBI)
                                              environmental impacts. In accordance                                                                            or other information whose disclosure is
                                              with FAAO 1050.1F, paragraph 5–2                          Issued in Washington, DC, on April 4,                 restricted by statute. Multimedia
                                              regarding Extraordinary Circumstances,                  2017.                                                   submissions (audio, video, etc.) must be
                                              this action has been reviewed for factors               Gemechu Gelgelu,                                        accompanied by a written comment.
                                              and circumstances in which a normally                   Acting Manager, Airspace Policy Group.                  The written comment is considered the
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                                              categorically excluded action may have                  [FR Doc. 2017–07116 Filed 4–10–17; 8:45 am]             official comment and should include
                                              a significant environmental impact                      BILLING CODE 4910–13–P
                                                                                                                                                              discussion of all points you wish to
                                              requiring further analysis, and it is                                                                           make. The EPA will generally not
                                              determined that no extraordinary                                                                                consider comments or comment
                                              circumstances exist that warrant                                                                                contents located outside of the primary
                                              preparation of an environmental                                                                                 submission (i.e., on the web, cloud or
                                              assessment.                                                                                                     other file sharing system). For


                                         VerDate Sep<11>2014   16:25 Apr 10, 2017   Jkt 241001   PO 00000   Frm 00002     Fmt 4700   Sfmt 4700   E:\FR\FM\11APR1.SGM   11APR1


                                                                      Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Rules and Regulations                                                  17381

                                              additional submission methods, please                         SUPPLEMENTARY INFORMATION:                                C. EPA Recommendations To Further
                                              contact the person identified in the FOR                      Throughout this document, ‘‘we,’’ ‘‘us’’                     Improve the Rule
                                              FURTHER INFORMATION CONTACT section.                          and ‘‘our’’ refer to the EPA.                             D. Public Comment and Proposed Action
                                                                                                                                                                   III. Incorporation by Reference
                                              For the full EPA public comment policy,                       Table of Contents                                      IV. Statutory and Executive Order Reviews
                                              information about CBI or multimedia
                                              submissions, and general guidance on                          I. The State’s Submittal                               I. The State’s Submittal
                                                                                                               A. What rule did the State submit?
                                              making effective comments, please visit                          B. Are there other versions of this rule?           A. What rule did the State submit?
                                              http://www2.epa.gov/dockets/                                     C. What is the purpose of the submitted
                                              commenting-epa-dockets.                                            rule?
                                                                                                                                                                     Table 1 lists the rule addressed by this
                                                                                                            II. The EPA’s Evaluation and Action                    action with the dates that it was adopted
                                              FOR FURTHER INFORMATION CONTACT:                                 A. How is the EPA evaluating the rule?              by the local air agency and submitted by
                                              Nancy Levin, EPA Region IX, (415) 972–                           B. Does the rule meet the evaluation                the California Air Resources Board
                                              3848, levin.nancy@epa.gov.                                         criteria?                                         (CARB).

                                                                                                                    TABLE 1—SUBMITTED RULE
                                                                Local agency                           Rule No.                          Rule title                         Amended                  Submitted

                                              BCAQMD ...............................................      433        Rice Straw Emission Reduction Credits           April 24, 2014 .........   November 6, 2014.



                                                On December 18, 2014, the EPA                               emission reductions (see CAA section                   C. EPA Recommendations To Further
                                              determined that the submittal for                             193). In addition, a rule that generates               Improve the Rule
                                              BCAQMD Rule 433 met the                                       ERCs for use as offsets in the NSR                       The TSD describes additional rule
                                              completeness criteria in 40 CFR part 51                       program must meet the NSR                              revisions that we recommend for the
                                              Appendix V, which must be met before                          requirement for valid offsets (see section             next time the local agency modifies the
                                              formal EPA review.                                            173(c)) and should meet the criteria set               rule.
                                              B. Are there other versions of this rule?                     forth in EPA’s guidance concerning
                                                                                                                                                                   D. Public Comment and Proposed
                                                                                                            economic incentive programs.
                                                There are no previous versions of                                                                                  Action
                                              Rule 433 in the SIP, although the                               Guidance and policy documents that
                                                                                                                                                                     As authorized in section 110(k)(3) of
                                              BCAQMD adopted an earlier version of                          we use to evaluate enforceability, SIP                 the Act, the EPA is fully approving the
                                              this rule on August 26, 2010, and CARB                        relaxation, NSR and rule stringency                    submitted rule because we believe it
                                              submitted it to us on February 6, 2013.                       requirements for the applicable criteria               fulfills all relevant requirements. We do
                                              While we can act on only the most                             include the following:                                 not think anyone will object to this
                                              recently submitted version, we have                             1. ‘‘Issues Relating to VOC Regulation               approval, so we are finalizing it without
                                              reviewed materials provided with                              Cutpoints, Deficiencies, and                           proposing it in advance. However, in
                                              previous submittals.                                                                                                 the Proposed Rules section of this
                                                                                                            Deviations,’’ EPA, May 25, 1988 (the
                                              C. What is the purpose of the submitted                       Bluebook, revised January 11, 1990)                    Federal Register, we are simultaneously
                                              rule?                                                                                                                proposing approval of the same
                                                                                                              2. ‘‘Guidance Document for Correcting
                                                                                                                                                                   submitted rule. If we receive adverse
                                                 Historically, the practice of rice                         Common VOC & Other Rule                                comments by May 11, 2017, we will
                                              growing included burning the field                            Deficiencies,’’ EPA Region 9, August 21,               publish a timely withdrawal in the
                                              stubble or straw following harvest to kill                    2001 (the Little Bluebook).                            Federal Register to notify the public
                                              weeds and insects, and to prepare the
                                                                                                              3. New Source Review—Section                         that the direct final approval will not
                                              field for the next year’s plantings. The
                                                                                                            173(c) of the CAA and 40 CFR part 51,                  take effect and we will address the
                                              purpose of Rule 433 is to provide
                                                                                                            appendix S, ‘‘Emission Offset                          comments in a subsequent final action
                                              procedures to quantify, certify and issue
                                                                                                            Interpretative Ruling’’ require certain                based on the proposal. If we do not
                                              ERCs that have resulted from the
                                                                                                            sources to obtain emission reductions to               receive timely adverse comments, the
                                              permanent curtailment of rice straw
                                                                                                            offset increased emissions from new                    direct final approval will be effective
                                              burning in the BCAQMD. Approval of
                                                                                                            projects.                                              without further notice on June 12, 2017.
                                              Rule 433 into the SIP would allow these
                                                                                                                                                                   This will incorporate the rule into the
                                              ERCs to be used as offsets under                                4. ‘‘Improving Air Quality with                      federally enforceable SIP.
                                              BCAQMD’s New Source Review (NSR)                              Economic Incentive Programs,’’ EPA–                      Please note that if the EPA receives an
                                              rule. The EPA’s technical support                             452/R–01–001, January 2001.                            adverse comment on an amendment,
                                              document (TSD) has more information                                                                                  paragraph or section of this rule, and if
                                              about this rule.                                              B. Does the rule meet the evaluation
                                                                                                                                                                   that provision may be severed from the
                                                                                                            criteria?
                                              II. The EPA’s Evaluation and Action                                                                                  remainder of the rule, the EPA may
                                                                                                              We believe this rule is consistent with              adopt as final those provisions of the
                                              A. How is the EPA evaluating the rule?
                                                                                                            the relevant policy and guidance                       rule that are not the subject of an
                                                SIP rules must be enforceable (see                          regarding enforceability and economic                  adverse comment.
                                              CAA section 110(a)(2)), must not
                                                                                                            incentive programs. This rule includes
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                                              interfere with applicable requirements                                                                               III. Incorporation by Reference
                                              concerning attainment and reasonable                          detailed emissions quantification                         In this rule, the EPA is finalizing
                                              further progress or other CAA                                 protocols and enforceable procedures                   regulatory text that includes
                                              requirements (see CAA section 110(l)),                        that provide the necessary assurance                   incorporation by reference. In
                                              and must not modify certain SIP control                       that the ERCs issued will meet the                     accordance with requirements of 1 CFR
                                              requirements in nonattainment areas                           criteria for valid NSR offsets. The TSD                51.5, the EPA is finalizing the
                                              without ensuring equivalent or greater                        has more information on our evaluation.                incorporation by reference of the


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                                              17382               Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Rules and Regulations

                                              BCAQMD rule described in the                            practicable and legally permissible                   Reporting and recordkeeping
                                              amendments to 40 CFR part 52 set forth                  methods, under Executive Order 12898                  requirements, Sulfur oxides, Volatile
                                              below. The EPA has made, and will                       (59 FR 7629, February 16, 1994).                      organic compounds.
                                              continue to make, these documents                          In addition, the SIP is not approved                   Authority: 42 U.S.C. 7401 et seq.
                                              available through www.regulations.gov                   to apply on any Indian reservation land
                                              and at the EPA Region IX Office (please                 or in any other area where the EPA or                   Dated: December 9, 2016.
                                              contact the person identified in the FOR                an Indian tribe has demonstrated that a               Alexis Strauss,
                                              FURTHER INFORMATION CONTACT section of                  tribe has jurisdiction. In those areas of             Acting Regional Administrator, Region IX.
                                              this preamble for more information).                    Indian country, the rule does not have
                                                                                                                                                              Editorial note: This document was
                                                                                                      tribal implications and will not impose               received at the Office of the Federal Register
                                              IV. Statutory and Executive Order                       substantial direct costs on tribal                    on April 5, 2017.
                                              Reviews                                                 governments or preempt tribal law as
                                                 Under the Clean Air Act, the                         specified by Executive Order 13175 (65                  Part 52, Chapter I, Title 40 of the Code
                                              Administrator is required to approve a                  FR 67249, November 9, 2000).                          of Federal Regulations is amended as
                                              SIP submission that complies with the                      The Congressional Review Act, 5                    follows:
                                              provisions of the Act and applicable                    U.S.C. 801 et seq., as added by the Small
                                                                                                      Business Regulatory Enforcement                       PART 52—APPROVAL AND
                                              federal regulations. 42 U.S.C. 7410(k);
                                                                                                      Fairness Act of 1996, generally provides              PROMULGATION OF
                                              40 CFR 52.02(a). Thus, in reviewing SIP
                                                                                                      that before a rule may take effect, the               IMPLEMENTATION PLANS
                                              submissions, the EPA’s role is to
                                              approve state choices, provided that                    agency promulgating the rule must                     ■ 1. The authority citation for Part 52
                                              they meet the criteria of the Clean Air                 submit a rule report, which includes a                continues to read as follows:
                                              Act. Accordingly, this action merely                    copy of the rule, to each House of the
                                                                                                      Congress and to the Comptroller General                   Authority: 42 U.S.C. 7401 et seq.
                                              approves state law as meeting federal
                                              requirements and does not impose                        of the United States. The EPA will
                                                                                                      submit a report containing this action                Subpart F—California
                                              additional requirements beyond those
                                              imposed by state law. For that reason,                  and other required information to the                 ■ 2. Section 52.220 is amended by
                                              this action:                                            U.S. Senate, the U.S. House of                        adding paragraph (c)(457)(i)(C)(5) to
                                                 • Is not a significant regulatory action             Representatives, and the Comptroller                  read as follows:
                                              subject to review by the Office of                      General of the United States prior to
                                              Management and Budget under                             publication of the rule in the Federal                § 52.220    Identification of plan-in part.
                                              Executive Orders 12866 (58 FR 51735,                    Register. A major rule cannot take effect             *     *     *     *    *
                                              October 4, 1993) and 13563 (76 FR 3821,                 until 60 days after it is published in the              (c) * * *
                                              January 21, 2011);                                      Federal Register. This action is not a                  (457) * * *
                                                 • does not impose an information                     ‘‘major rule’’ as defined by 5 U.S.C.                   (i) * * *
                                              collection burden under the provisions                  804(2).                                                 (C) * * *
                                              of the Paperwork Reduction Act (44                         Under section 307(b)(1) of the Clean                 (5) Rule 433, ‘‘Rice Straw Emission
                                              U.S.C. 3501 et seq.);                                   Air Act, petitions for judicial review of             Reduction Credits,’’ amended on April
                                                 • is certified as not having a                       this action must be filed in the United               24, 2014.
                                              significant economic impact on a                        States Court of Appeals for the
                                                                                                      appropriate circuit by June 12, 2017.                 *     *     *     *    *
                                              substantial number of small entities                                                                          [FR Doc. 2017–07151 Filed 4–10–17; 8:45 am]
                                              under the Regulatory Flexibility Act (5                 Filing a petition for reconsideration by
                                                                                                                                                            BILLING CODE 6560–50–P
                                              U.S.C. 601 et seq.);                                    the Administrator of this final rule does
                                                 • does not contain any unfunded                      not affect the finality of this action for
                                              mandate or significantly or uniquely                    the purposes of judicial review nor does
                                              affect small governments, as described                  it extend the time within which a                     DEPARTMENT OF COMMERCE
                                              in the Unfunded Mandates Reform Act                     petition for judicial review may be filed,
                                                                                                                                                            National Oceanic and Atmospheric
                                              of 1995 (Public Law 104–4);                             and shall not postpone the effectiveness
                                                                                                                                                            Administration
                                                 • does not have Federalism                           of such rule or action. Parties with
                                              implications as specified in Executive                  objections to this direct final rule are
                                                                                                                                                            50 CFR Part 300
                                              Order 13132 (64 FR 43255, August 10,                    encouraged to file a comment in
                                              1999);                                                  response to the parallel notice of                    [Docket No. 170223197–7311–01]
                                                 • is not an economically significant                 proposed rulemaking for this action
                                                                                                                                                            RIN 0648–BG67
                                              regulatory action based on health or                    published in the Proposed Rules section
                                              safety risks subject to Executive Order                 of today’s Federal Register, rather than              International Fisheries; Pacific Tuna
                                              13045 (62 FR 19885, April 23, 1997);                    file an immediate petition for judicial               Fisheries; Fishing Restrictions for
                                                 • is not a significant regulatory action             review of this direct final rule, so that             Tropical Tuna in the Eastern Pacific
                                              subject to Executive Order 13211 (66 FR                 the EPA can withdraw this direct final                Ocean
                                              28355, May 22, 2001);                                   rule and address the comment in the
                                                 • is not subject to requirements of                  proposed rulemaking. This action may                  AGENCY:  National Marine Fisheries
                                              Section 12(d) of the National                           not be challenged later in proceedings to             Service (NMFS), National Oceanic and
                                              Technology Transfer and Advancement                     enforce its requirements (see section                 Atmospheric Administration (NOAA),
                                              Act of 1995 (15 U.S.C. 272 note) because                307(b)(2)).                                           Commerce.
sradovich on DSK3GMQ082PROD with RULES




                                              application of those requirements would                                                                       ACTION: Final rule.
                                              be inconsistent with the Clean Air Act;                 List of Subjects in 40 CFR Part 52
                                              and                                                       Environmental protection, Air                       SUMMARY:  NMFS is issuing regulations
                                                 • does not provide the EPA with the                  pollution control, Carbon monoxide,                   under the Tuna Conventions Act to
                                              discretionary authority to address, as                  Incorporation by reference,                           implement Resolution C–17–01
                                              appropriate, disproportionate human                     Intergovernmental relations, Nitrogen                 (Conservation of Tuna in the Eastern
                                              health or environmental effects, using                  dioxide, Ozone, Particulate matter,                   Pacific Ocean During 2017), which was


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Document Created: 2017-04-11 00:48:42
Document Modified: 2017-04-11 00:48:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on June 12, 2017 without further notice, unless the EPA receives adverse comments by May 11, 2017. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.
ContactNancy Levin, EPA Region IX, (415) 972- 3848, [email protected]
FR Citation82 FR 17380 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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