82_FR_20377 82 FR 20295 - Approval of California Air Plan Revisions, Eastern Kern Air Pollution Control District and Imperial County Air Pollution Control District

82 FR 20295 - Approval of California Air Plan Revisions, Eastern Kern Air Pollution Control District and Imperial County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 82 (May 1, 2017)

Page Range20295-20296
FR Document2017-08666

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Eastern Kern Air Pollution Control District (EKAPCD) and Imperial County Air Pollution Control District (ICAPCD) portions of the California State Implementation Plan (SIP). These revisions were submitted by the California Air Resources Board (CARB) in response to EPA's May 22, 2015 finding of substantial inadequacy and SIP call for certain provisions in the SIP related to affirmative defenses applicable to excess emissions during startup, shutdown, and malfunction (SSM) events. EPA is proposing approval of the SIP revisions because the Agency has determined that they are in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or the Act).

Federal Register, Volume 82 Issue 82 (Monday, May 1, 2017)
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Proposed Rules]
[Pages 20295-20296]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08666]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0096; FRL-9961-55-Region 9]


Approval of California Air Plan Revisions, Eastern Kern Air 
Pollution Control District and Imperial County Air Pollution Control 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Eastern Kern Air Pollution Control District 
(EKAPCD) and Imperial County Air Pollution Control District (ICAPCD) 
portions of the California State Implementation Plan (SIP). These 
revisions were submitted by the California Air Resources Board (CARB) 
in response to EPA's May 22, 2015 finding of substantial inadequacy and 
SIP call for certain provisions in the SIP related to affirmative 
defenses applicable to excess emissions during startup, shutdown, and 
malfunction (SSM) events. EPA is proposing approval of the SIP 
revisions because the Agency has determined that they are in accordance 
with the requirements for SIP provisions under the Clean Air Act (CAA 
or the Act).

DATES: Any comments must arrive by May 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0096 at https://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 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 
(415) 947-4125, [email protected].

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

Table of Contents

I. What action is the EPA proposing today?
II. What is the background for the EPA's proposed action?
III. Why is the EPA proposing this action?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What action is the EPA proposing today?

    The EPA is proposing to approve revisions to the California SIP. 
The revisions will remove from the EKAPCD and ICAPCD portions of the 
California SIP provisions related to affirmative defenses that sources 
could assert in the event of enforcement actions for violations of SIP 
requirements during SSM events. Removal of the affirmative defense 
provisions from the SIP will make the EKAPCD and ICAPCD portions of the 
SIP consistent with CAA requirements with respect to this issue. EKAPCD 
and ICAPCD are retaining the affirmative defenses solely for state law 
purposes, outside of the EPA approved SIP. Removal of the affirmative 
defenses from the SIP is also consistent with the EPA policy for 
exclusion of ``state law only'' provisions from SIPs, and will serve to 
minimize any potential confusion about the inapplicability of the 
affirmative defense provisions in federal court enforcement actions. 
Table 1 lists the rules addressed by this proposal with the dates on 
which each rule was rescinded by the EKAPCD or ICAPCD and submitted by 
CARB in response to EPA's final action entitled ``State Implementation 
Plans: Response to Petition for Rulemaking; Restatement and Update of 
EPA's SSM Policy Applicable to SIPs; Findings of Substantial 
Inadequacy; and SIP Calls To Amend Provisions Applying to Excess 
Emissions During Periods of Startup, Shutdown and Malfunction,'' 80 FR 
33839 (June 12, 2015), hereafter referred to as the ``SSM SIP Action.''

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                 Rule #               Rule title             Rescinded       Submitted
----------------------------------------------------------------------------------------------------------------
EKAPCD.............................             111  Equipment Breakdown........        11/10/16        12/06/16
ICAPCD.............................             111  Equipment Breakdown........        09/22/15        03/28/16
----------------------------------------------------------------------------------------------------------------


[[Page 20296]]

    On January 12, 2017, the EPA determined that the submittal for 
EKAPCD Rule 111 met the completeness criteria in 40 CFR part 51 
Appendix V, and on September 28, 2016, the submittal for ICAPCD Rule 
111 was deemed complete by operation of law under 40 CFR part 51 
Appendix V. The completeness criteria must be met before formal EPA 
review of the submittals for approvability in accordance with 
applicable CAA requirements.

II. What is the background for the EPA's proposed action?

    On June 12, 2015, pursuant to CAA section 110(k)(5), the EPA 
published the final SSM SIP Action finding that certain SIP provisions 
in 36 states were substantially inadequate to meet CAA requirements and 
called on those states to submit SIP revisions to address those 
inadequacies. 80 FR 33839. As required by the CAA, the EPA established 
a reasonable deadline (not to exceed 18 months) by which the affected 
states must submit such SIP revisions. In accordance with the SSM SIP 
Action, states were required to submit corrective revisions to their 
SIPs by November 22, 2016. The EPA's reasoning, legal authority, and 
responsibility under the CAA for issuing the SIP call to California can 
be found in the SSM SIP Action.
    In the SSM SIP Action, the EPA determined that EKAPCD Rule 111 and 
ICAPCD Rule 111 include elements of an affirmative defense for excess 
emissions during malfunctions. Specifically, EKAPCD Rule 111 and ICAPCD 
Rule 111 contain affirmative defense provisions that preclude 
enforcement for excess emissions that would otherwise constitute a 
violation of the applicable SIP emission limitations. The EPA concluded 
that EKAPCD Rule 111 and ICAPCD Rule 111 operate to alter or affect the 
jurisdiction of federal courts in the event of an enforcement action, 
contrary to the enforcement structure of the CAA in section 113 and 
section 304. See 80 FR 33972 (June 12, 2015).
    On March 28, 2016 and December 6, 2016, ICAPCD and EKAPCD, 
respectively, made submittals in response to the SSM SIP Action. As 
noted above, the EPA found these submittals complete on September 28, 
2016 and January 12, 2017, respectively. In the submittals, EKAPCD and 
ICAPCD requested that EPA revise the California SIP by removing EKAPCD 
Rule 111 and ICAPCD Rule 111 in their entirety from the California SIP. 
This approach is consistent with the EPA's interpretation of CAA 
requirements for SIP provisions.

III. Why is the EPA proposing this action?

    In the SSM SIP Action, the EPA made a finding of substantial 
inadequacy and issued a SIP call with respect to EKAPCD Rule 111 and 
ICAPCD Rule 111 pursuant to CAA section 110(k)(5). In response, CARB 
submitted SIP revisions requesting the EPA to remove EKAPCD Rule 111 
and ICAPCD Rule 111 from the California SIP in their entirety. 
Affirmative defense provisions like these are inconsistent with CAA 
requirements and removal of these provisions would strengthen the SIP. 
This action, if finalized, would remove the affirmative defense 
provisions from the EKAPCD and ICAPCD portions of the EPA-approved SIP 
for California. The EPA is proposing to find that these revisions are 
consistent with CAA requirements and that they adequately address the 
specific SIP deficiencies that the EPA identified in the SSM SIP Action 
with respect to the EKAPCD and ICAPCD portions of the California SIP.

IV. Proposed Action

    The EPA is proposing to approve the California SIP revisions 
removing EKAPCD Rule 111 and ICAPCD Rule 111 from the EKAPCD and ICAPCD 
portions of the California SIP. The EPA is proposing approval of the 
SIP revisions because the Agency has determined that they are in 
accordance with the requirements for SIP provisions under the CAA. The 
EPA is not reopening the SSM SIP Action in this action and is taking 
comment only on whether this SIP revision is consistent with CAA 
requirements and whether it addresses the ``substantial inadequacy'' of 
the specific California SIP provisions identified in the SSM SIP 
Action.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve 
SIP submissions that comply 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 proposed action merely proposes to approve state 
requests as 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 the 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: March 29, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-08666 Filed 4-28-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                    Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Proposed Rules                                                           20295

                                                    Branch (Mail Code OEP05–02), U.S.                               ACTION:    Proposed rule.                                       https://www2.epa.gov/dockets/
                                                    Environmental Protection Agency,                                                                                                commenting-epa-dockets.
                                                    Region 1, 5 Post Office Square, Suite                           SUMMARY:    The Environmental Protection
                                                                                                                    Agency (EPA) is proposing to approve                            FOR FURTHER INFORMATION CONTACT:
                                                    100, Boston, Massachusetts 02109–3912;                                                                                          Christine Vineyard, EPA Region IX,
                                                    (617) 918–1046; mcconnell.robert@                               revisions to the Eastern Kern Air
                                                                                                                    Pollution Control District (EKAPCD)                             (415) 947–4125, vineyard.christine@
                                                    epa.gov.                                                                                                                        epa.gov.
                                                                                                                    and Imperial County Air Pollution
                                                    SUPPLEMENTARY INFORMATION:       In the                         Control District (ICAPCD) portions of                           SUPPLEMENTARY INFORMATION:
                                                    Final Rules Section of this Federal                             the California State Implementation
                                                    Register, EPA is approving the State’s                                                                                          Throughout this document, ‘‘we,’’ ‘‘us’’
                                                                                                                    Plan (SIP). These revisions were                                and ‘‘our’’ refer to the EPA.
                                                    SIP submittal as a direct final rule                            submitted by the California Air
                                                    without prior proposal because the                              Resources Board (CARB) in response to                           Table of Contents
                                                    Agency views this as a noncontroversial                         EPA’s May 22, 2015 finding of                                   I. What action is the EPA proposing today?
                                                    submittal and anticipates no adverse                            substantial inadequacy and SIP call for                         II. What is the background for the EPA’s
                                                    comments. A detailed rationale for the                          certain provisions in the SIP related to                             proposed action?
                                                    approval is set forth in the direct final                       affirmative defenses applicable to excess                       III. Why is the EPA proposing this action?
                                                    rule. If no adverse comments are                                emissions during startup, shutdown,                             IV. Proposed Action
                                                    received in response to this action rule,                       and malfunction (SSM) events. EPA is                            V. Statutory and Executive Order Reviews
                                                    no further activity is contemplated. If                         proposing approval of the SIP revisions                         I. What action is the EPA proposing
                                                    EPA receives adverse comments, the                              because the Agency has determined that                          today?
                                                    direct final rule will be withdrawn and                         they are in accordance with the
                                                    all public comments received will be                            requirements for SIP provisions under                              The EPA is proposing to approve
                                                    addressed in a subsequent final rule                            the Clean Air Act (CAA or the Act).                             revisions to the California SIP. The
                                                    based on this proposed rule. EPA will                           DATES: Any comments must arrive by                              revisions will remove from the EKAPCD
                                                    not institute a second comment period.                          May 31, 2017.                                                   and ICAPCD portions of the California
                                                    Any parties interested in commenting                            ADDRESSES: Submit your comments,                                SIP provisions related to affirmative
                                                    on this action should do so at this time.                       identified by Docket ID No. EPA–R09–                            defenses that sources could assert in the
                                                    Please note that if EPA receives adverse                        OAR–2017–0096 at https://                                       event of enforcement actions for
                                                    comment on an amendment, paragraph,                             www.regulations.gov, or via email to                            violations of SIP requirements during
                                                    or section of this rule and if that                             Andrew Steckel, Rulemaking Office                               SSM events. Removal of the affirmative
                                                    provision may be severed from the                               Chief at Steckel.Andrew@epa.gov. For                            defense provisions from the SIP will
                                                    remainder of the rule, EPA may adopt                            comments submitted at Regulations.gov,                          make the EKAPCD and ICAPCD
                                                    as final those provisions of the rule that                      follow the online instructions for                              portions of the SIP consistent with CAA
                                                    are not the subject of an adverse                               submitting comments. Once submitted,                            requirements with respect to this issue.
                                                    comment.                                                        comments cannot be removed or edited                            EKAPCD and ICAPCD are retaining the
                                                       For additional information, see the                          from Regulations.gov. For either manner                         affirmative defenses solely for state law
                                                    direct final rule which is located in the                       of submission, the EPA may publish any                          purposes, outside of the EPA approved
                                                    Rules Section of this Federal Register.                         comment received to its public docket.                          SIP. Removal of the affirmative defenses
                                                      Dated: December 27, 2016.                                     Do not submit electronically any                                from the SIP is also consistent with the
                                                    Deborah A. Szaro,                                               information you consider to be                                  EPA policy for exclusion of ‘‘state law
                                                                                                                    Confidential Business Information (CBI)                         only’’ provisions from SIPs, and will
                                                    Acting Regional Administrator, EPA New
                                                    England.                                                        or other information whose disclosure is                        serve to minimize any potential
                                                                                                                    restricted by statute. Multimedia                               confusion about the inapplicability of
                                                    [FR Doc. 2017–08644 Filed 4–28–17; 8:45 am]
                                                                                                                    submissions (audio, video, etc.) must be                        the affirmative defense provisions in
                                                    BILLING CODE 6560–50–P
                                                                                                                    accompanied by a written comment.                               federal court enforcement actions. Table
                                                                                                                    The written comment is considered the                           1 lists the rules addressed by this
                                                    ENVIRONMENTAL PROTECTION                                        official comment and should include                             proposal with the dates on which each
                                                    AGENCY                                                          discussion of all points you wish to                            rule was rescinded by the EKAPCD or
                                                                                                                    make. The EPA will generally not                                ICAPCD and submitted by CARB in
                                                    40 CFR Part 52                                                  consider comments or comment                                    response to EPA’s final action entitled
                                                                                                                    contents located outside of the primary                         ‘‘State Implementation Plans: Response
                                                    [EPA–R09–OAR–2017–0096; FRL–9961–55–                            submission (i.e., on the web, cloud, or                         to Petition for Rulemaking; Restatement
                                                    Region 9]                                                       other file sharing system). For                                 and Update of EPA’s SSM Policy
                                                    Approval of California Air Plan                                 additional submission methods, please                           Applicable to SIPs; Findings of
                                                    Revisions, Eastern Kern Air Pollution                           contact the person identified in the FOR                        Substantial Inadequacy; and SIP Calls
                                                    Control District and Imperial County                            FURTHER INFORMATION CONTACT section.                            To Amend Provisions Applying to
                                                    Air Pollution Control District                                  For the full EPA public comment policy,                         Excess Emissions During Periods of
                                                                                                                    information about CBI or multimedia                             Startup, Shutdown and Malfunction,’’
                                                    AGENCY: Environmental Protection                                submissions, and general guidance on                            80 FR 33839 (June 12, 2015), hereafter
                                                    Agency (EPA).                                                   making effective comments, please visit                         referred to as the ‘‘SSM SIP Action.’’
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                                                                                                                           TABLE 1—SUBMITTED RULES
                                                               Local agency                          Rule #                                           Rule title                                       Rescinded     Submitted

                                                    EKAPCD .................................                  111    Equipment Breakdown ...........................................................      11/10/16      12/06/16
                                                    ICAPCD ..................................                 111    Equipment Breakdown ...........................................................      09/22/15      03/28/16




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                                                    20296                      Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Proposed Rules

                                                      On January 12, 2017, the EPA                          III. Why is the EPA proposing this                    Executive Order 12866 (58 FR 51735,
                                                    determined that the submittal for                       action?                                               October 4, 1993);
                                                    EKAPCD Rule 111 met the completeness                                                                             • does not impose an information
                                                    criteria in 40 CFR part 51 Appendix V,                     In the SSM SIP Action, the EPA made                collection burden under the provisions
                                                    and on September 28, 2016, the                          a finding of substantial inadequacy and               of the Paperwork Reduction Act (44
                                                    submittal for ICAPCD Rule 111 was                       issued a SIP call with respect to                     U.S.C. 3501 et seq.);
                                                    deemed complete by operation of law                     EKAPCD Rule 111 and ICAPCD Rule                          • is certified as not having a
                                                    under 40 CFR part 51 Appendix V. The                    111 pursuant to CAA section 110(k)(5).                significant economic impact on a
                                                    completeness criteria must be met                       In response, CARB submitted SIP                       substantial number of small entities
                                                    before formal EPA review of the                         revisions requesting the EPA to remove                under the Regulatory Flexibility Act (5
                                                    submittals for approvability in                         EKAPCD Rule 111 and ICAPCD Rule                       U.S.C. 601 et seq.);
                                                    accordance with applicable CAA                          111 from the California SIP in their                     • does not contain any unfunded
                                                    requirements.                                           entirety. Affirmative defense provisions              mandate or significantly or uniquely
                                                                                                            like these are inconsistent with CAA                  affect small governments, as described
                                                    II. What is the background for the                      requirements and removal of these                     in the Unfunded Mandates Reform Act
                                                    EPA’s proposed action?                                  provisions would strengthen the SIP.                  of 1995 (Pub. L. 104–4);
                                                       On June 12, 2015, pursuant to CAA                    This action, if finalized, would remove                  • does not have Federalism
                                                    section 110(k)(5), the EPA published the                the affirmative defense provisions from               implications as specified in Executive
                                                    final SSM SIP Action finding that                       the EKAPCD and ICAPCD portions of                     Order 13132 (64 FR 43255, August 10,
                                                    certain SIP provisions in 36 states were                the EPA-approved SIP for California.                  1999);
                                                    substantially inadequate to meet CAA                    The EPA is proposing to find that these                  • is not an economically significant
                                                    requirements and called on those states                 revisions are consistent with CAA                     regulatory action based on health or
                                                    to submit SIP revisions to address those                requirements and that they adequately                 safety risks subject to Executive Order
                                                    inadequacies. 80 FR 33839. As required                  address the specific SIP deficiencies                 13045 (62 FR 19885, April 23, 1997);
                                                    by the CAA, the EPA established a                       that the EPA identified in the SSM SIP                   • is not a significant regulatory action
                                                    reasonable deadline (not to exceed 18                   Action with respect to the EKAPCD and                 subject to Executive Order 13211 (66 FR
                                                    months) by which the affected states                    ICAPCD portions of the California SIP.                28355, May 22, 2001);
                                                    must submit such SIP revisions. In                                                                               • is not subject to requirements of
                                                    accordance with the SSM SIP Action,                     IV. Proposed Action                                   Section 12(d) of the National
                                                    states were required to submit corrective                  The EPA is proposing to approve the                Technology Transfer and Advancement
                                                    revisions to their SIPs by November 22,                 California SIP revisions removing                     Act of 1995 (15 U.S.C. 272 note) because
                                                    2016. The EPA’s reasoning, legal                        EKAPCD Rule 111 and ICAPCD Rule                       application of those requirements would
                                                    authority, and responsibility under the                 111 from the EKAPCD and ICAPCD                        be inconsistent with the Clean Air Act;
                                                    CAA for issuing the SIP call to                         portions of the California SIP. The EPA               and
                                                    California can be found in the SSM SIP                  is proposing approval of the SIP                         • does not provide the EPA with the
                                                    Action.                                                 revisions because the Agency has                      discretionary authority to address
                                                       In the SSM SIP Action, the EPA                       determined that they are in accordance                disproportionate human health or
                                                    determined that EKAPCD Rule 111 and                     with the requirements for SIP provisions              environmental effects with practical,
                                                    ICAPCD Rule 111 include elements of                     under the CAA. The EPA is not                         appropriate, and legally permissible
                                                    an affirmative defense for excess                       reopening the SSM SIP Action in this                  methods under Executive Order 12898
                                                    emissions during malfunctions.                          action and is taking comment only on                  (59 FR 7629, February 16, 1994).
                                                    Specifically, EKAPCD Rule 111 and                       whether this SIP revision is consistent               In addition, the SIP is not approved to
                                                    ICAPCD Rule 111 contain affirmative                                                                           apply on any Indian reservation land or
                                                                                                            with CAA requirements and whether it
                                                    defense provisions that preclude                                                                              in any other area where the EPA or an
                                                                                                            addresses the ‘‘substantial inadequacy’’
                                                    enforcement for excess emissions that                                                                         Indian tribe has demonstrated that a
                                                                                                            of the specific California SIP provisions
                                                    would otherwise constitute a violation                                                                        tribe has jurisdiction. In those areas of
                                                                                                            identified in the SSM SIP Action.
                                                    of the applicable SIP emission                                                                                Indian country, the rule does not have
                                                    limitations. The EPA concluded that                     V. Statutory and Executive Order                      tribal implications and will not impose
                                                    EKAPCD Rule 111 and ICAPCD Rule                         Reviews                                               substantial direct costs on tribal
                                                    111 operate to alter or affect the                                                                            governments or preempt tribal law as
                                                    jurisdiction of federal courts in the                     Under the Clean Air Act, the
                                                                                                                                                                  specified by Executive Order 13175 (65
                                                    event of an enforcement action, contrary                Administrator is required to approve
                                                                                                                                                                  FR 67249, November 9, 2000).
                                                    to the enforcement structure of the CAA                 SIP submissions that comply with the
                                                    in section 113 and section 304. See 80                  provisions of the Act and applicable                  List of Subjects in 40 CFR Part 52
                                                    FR 33972 (June 12, 2015).                               federal regulations. 42 U.S.C. 7410(k);                 Environmental protection, Air
                                                       On March 28, 2016 and December 6,                    40 CFR 52.02(a). Thus, in reviewing SIP               pollution control, Carbon monoxide,
                                                    2016, ICAPCD and EKAPCD,                                submissions, the EPA’s role is to                     Incorporation by reference,
                                                    respectively, made submittals in                        approve state choices, provided that                  Intergovernmental relations, Nitrogen
                                                    response to the SSM SIP Action. As                      they meet the criteria of the Clean Air               dioxide, Ozone, Particulate matter,
                                                    noted above, the EPA found these                        Act. Accordingly, this proposed action                Reporting and recordkeeping
                                                    submittals complete on September 28,                    merely proposes to approve state                      requirements, Volatile organic
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                                                    2016 and January 12, 2017, respectively.                requests as meeting federal                           compounds.
                                                    In the submittals, EKAPCD and ICAPCD                    requirements and does not impose
                                                                                                            additional requirements beyond those                    Authority: 42 U.S.C. 7401 et seq.
                                                    requested that EPA revise the California
                                                    SIP by removing EKAPCD Rule 111 and                     imposed by state law. For that reason,                  Dated: March 29, 2017.
                                                    ICAPCD Rule 111 in their entirety from                  this proposed action:                                 Alexis Strauss,
                                                    the California SIP. This approach is                      • Is not a ‘‘significant regulatory                 Acting Regional Administrator, Region IX.
                                                    consistent with the EPA’s interpretation                action’’ subject to review by the Office              [FR Doc. 2017–08666 Filed 4–28–17; 8:45 am]
                                                    of CAA requirements for SIP provisions.                 of Management and Budget under                        BILLING CODE 6560–50–P




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Document Created: 2017-04-29 03:16:06
Document Modified: 2017-04-29 03:16:06
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 May 31, 2017.
ContactChristine Vineyard, EPA Region IX, (415) 947-4125, [email protected]
FR Citation82 FR 20295 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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