82 FR 26594 - Approval of California Air Plan Revisions, Imperial County Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 109 (June 8, 2017)
Federal Register Volume 82, Issue 109 (June 8, 2017)
| Page Range | 26594-26595 | |
| FR Document | 2017-11831 |
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)] [Rules and Regulations] [Pages 26594-26595] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11831] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0318; FRL-9960-07-Region 9] Approval of California Air Plan Revisions, Imperial County Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) and particulate matter (PM) from large confined animal facilities (LCAFs). We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: These rules will be effective on July 10, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2016-0318. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972 3848, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On December 9, 2016 (81 FR 89024), the EPA proposed to approve the following rules into the California SIP. ---------------------------------------------------------------------------------------------------------------- Adopted/ Local agency Rule No. Rule Title amended/ Submitted revised ---------------------------------------------------------------------------------------------------------------- ICAPCD............................ 217 Large Confined Animal 02/09/2016 04/21/2016 Facilities (LCAF) Permits Required. ICAPCD............................ 101 Definitions................. 02/09/2016 04/21/2016 ICAPCD............................ 202 Exemptions.................. 02/09/2016 04/21/2016 ---------------------------------------------------------------------------------------------------------------- We proposed to approve these rules because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. We received no comments during this period. III. EPA Action No comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving these rules into the California SIP. [[Page 26595]] IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the ICAPCD rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 7, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: January 11, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California 0 2. Section 52.220 is amended by adding paragraphs (c)(351)(i)(A)(5), (c)(442)(i)(A)(4), and (c)(485) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (351) * * * (i) * * * (A) * * * (5) Previously approved on May 9, 2011 in paragraph (c)(351)(i)(A)(4) of this section and now deleted with replacement in paragraph (c)(485)(i)(A)(2), Rule 202, ``Exemptions,'' revised on October 10, 2006. * * * * * (442) * * * (i) * * * (A) * * * (4) Previously approved on October 2, 2014 in paragraph (c)(442)(i)(A)(1) of this section and now deleted with replacement in paragraph (c)(485)(i)(A)(1), Rule 101, ``Definitions,'' revised on October 22, 2013. * * * * * (485) New and amended regulations were submitted on April 21, 2016 by the Governor's designee. (i) Incorporation by reference. (A) Imperial County Air Pollution Control District. (1) Rule 101, ``Definitions,'' revised February 9, 2016. (2) Rule 202, ``Exemptions,'' revised February 9, 2016. (3) Rule 217, ``Large Confined Animal Facilities (LCAF) Permits Required,'' revised February 9, 2016. [FR Doc. 2017-11831 Filed 6-7-17; 8:45 am] BILLING CODE 6560-50-P
![26594 Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
Signing Authority House Manager at the veteran’s VA County Air Pollution Control District
The Secretary of Veterans Affairs, or health care facility of jurisdiction. Upon (ICAPCD) portion of the California State
designee, approved this document and receiving a request, VA will determine Implementation Plan (SIP). These
authorized the undersigned to sign and the accompanying individual’s revisions concern emissions of volatile
submit the document to the Office of the eligibility for the requested housing, as organic compounds (VOCs) and
Federal Register for publication provided in paragraph (b)(5) of this particulate matter (PM) from large
electronically as an official document of section. confined animal facilities (LCAFs). We
the Department of Veterans Affairs. Gina (b) Processing requests. (1) Requests are approving local rules that regulate
S. Farrisee, Deputy Chief of Staff, for all temporary housing are generally these emission sources under the Clean
Department of Veterans Affairs, processed in the order that they are Air Act (CAA or the Act).
approved this document on May 15, received by VA, and temporary lodging DATES: These rules will be effective on
2017, for publication. is then granted on a first come, first July 10, 2017.
served basis; however, in extraordinary
List of Subjects in 38 CFR Part 60 circumstances, such as imminent death, ADDRESSES: The EPA has established a
Health care, Housing, Reporting and critical injury, or organ donation, docket for this action under Docket ID
recordkeeping requirements, Travel, requests may be processed out of order. No. EPA–R09–OAR–2016–0318. All
Veterans. documents in the docket are listed on
* * * * *
the http://www.regulations.gov Web
Dated: June 5, 2017. (6) If VA denies a request for one type
site. Although listed in the index, some
of lodging, such as at a Fisher House,
Janet Coleman, information is not publicly available,
the request will be considered for other
Chief, Office of Regulation Policy & e.g., Confidential Business Information
temporary lodging and vice versa, if the
Management, Office of the Secretary, (CBI) or other information whose
Department of Veterans Affairs. requester is eligible.
disclosure is restricted by statute.
(7) If VA denies a request for
For the reasons set out in the Certain other material, such as
temporary lodging, VA will refer the
preamble, VA amends 38 CFR part 60 as copyrighted material, is not placed on
request to a VA social worker at the VA
follows: the Internet and will be publicly
health care facility of jurisdiction to
available only in hard copy form.
PART 60—FISHER HOUSES AND determine if other arrangements can be
Publicly available docket materials are
OTHER TEMPORARY HOUSING made.
available through http://
* * * * * www.regulations.gov, or please contact
■ 1. The authority citation for part 60 [FR Doc. 2017–11888 Filed 6–7–17; 8:45 am]
the person identified in the FOR FURTHER
continues to read as follows: BILLING CODE 8320–01–P INFORMATION CONTACT section for
Authority: 38 U.S.C. 501, 1708, 1710(a) additional availability information.
and as noted in specific sections.
ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT:
§ 60.10 [Amended] Nancy Levin, EPA Region IX, (415) 972
AGENCY
■ 2. Amend § 60.10 by removing the 3848, levin.nancy@epa.gov.
word ‘‘application’’ once in paragraph 40 CFR Part 52 SUPPLEMENTARY INFORMATION:
(a) and twice in paragraph (c) Throughout this document, ‘‘we,’’ ‘‘us’’
[EPA–R09–OAR–2016–0318; FRL–9960–07–
introductory text and adding in its place Region 9] and ‘‘our’’ refer to the EPA.
the word ‘‘request’’.
■ 3. Amend § 60.15 by revising
Table of Contents
Approval of California Air Plan
paragraphs (a) and (b)(1), (6), and (7) to Revisions, Imperial County Air I. Proposed Action
read as follows: Pollution Control District II. Public Comments and EPA Responses
III. EPA Action
§ 60.15 Process for requesting Fisher AGENCY: Environmental Protection IV. Incorporation by Reference
House or other temporary lodging Agency (EPA). V. Statutory and Executive Order Reviews
(a) Submitting requests. An ACTION: Final rule. I. Proposed Action
accompanying individual requesting
Fisher House or other temporary lodging SUMMARY: The Environmental Protection On December 9, 2016 (81 FR 89024),
must contact directly the provider, Agency (EPA) is taking final action to the EPA proposed to approve the
social worker, case manager, or Fisher approve revisions to the Imperial following rules into the California SIP.
Adopted/
Local agency Rule No. Rule Title amended/ Submitted
revised
ICAPCD ............ 217 Large Confined Animal Facilities (LCAF) Permits Required ........................ 02/09/2016 04/21/2016
ICAPCD ............ 101 Definitions ..................................................................................................... 02/09/2016 04/21/2016
ICAPCD ............ 202 Exemptions ................................................................................................... 02/09/2016 04/21/2016
asabaliauskas on DSKBBXCHB2PROD with RULES
We proposed to approve these rules II. Public Comments and EPA III. EPA Action
because we determined that they Responses
complied with the relevant CAA No comments were submitted.
requirements. Our proposed action The EPA’s proposed action provided Therefore, as authorized in section
contains more information on the rules a 30-day public comment period. We 110(k)(3) of the Act, the EPA is fully
and our evaluation. received no comments during this approving these rules into the California
period. SIP.
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![Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations 26595
IV. Incorporation by Reference Act of 1995 (15 U.S.C. 272 note) because Dated: January 11, 2017.
In this rule, the EPA is finalizing application of those requirements would Alexis Strauss,
regulatory text that includes be inconsistent with the Clean Air Act; Acting Regional Administrator, Region IX.
incorporation by reference. In and
Part 52, chapter I, title 40 of the Code
accordance with requirements of 1 CFR • does not provide the EPA with the of Federal Regulations is amended as
51.5, the EPA is finalizing the discretionary authority to address, as follows:
incorporation by reference of the appropriate, disproportionate human
ICAPCD rules described in the health or environmental effects, using PART 52—APPROVAL AND
amendments to 40 CFR part 52 set forth practicable and legally permissible PROMULGATION OF
below. The EPA has made, and will methods, under Executive Order 12898 IMPLEMENTATION PLANS
continue to make, these documents (59 FR 7629, February 16, 1994).
available through www.regulations.gov In addition, the SIP is not approved ■ 1. The authority citation for part 52
and at the EPA Region IX Office (please to apply on any Indian reservation land continues to read as follows:
contact the person identified in the FOR or in any other area where the EPA or
Authority: 42 U.S.C. 7401 et seq.
FURTHER INFORMATION CONTACT section of an Indian tribe has demonstrated that a
this preamble for more information). tribe has jurisdiction. In those areas of Subpart F—California
V. Statutory and Executive Order Indian country, the rule does not have
Reviews tribal implications and will not impose ■ 2. Section 52.220 is amended by
substantial direct costs on tribal adding paragraphs (c)(351)(i)(A)(5),
Under the Clean Air Act, the governments or preempt tribal law as
Administrator is required to approve a (c)(442)(i)(A)(4), and (c)(485) to read as
specified by Executive Order 13175 (65 follows:
SIP submission that complies with the FR 67249, November 9, 2000).
provisions of the Act and applicable § 52.220 Identification of plan—in part.
The Congressional Review Act, 5
federal regulations. 42 U.S.C. 7410(k);
U.S.C. 801 et seq., as added by the Small * * * * *
40 CFR 52.02(a). Thus, in reviewing SIP
Business Regulatory Enforcement (c) * * *
submissions, the EPA’s role is to
Fairness Act of 1996, generally provides
approve state choices, provided that (351) * * *
that before a rule may take effect, the
they meet the criteria of the Clean Air
agency promulgating the rule must (i) * * *
Act. Accordingly, this action merely
submit a rule report, which includes a (A) * * *
approves state law as meeting federal
copy of the rule, to each House of the
requirements and does not impose (5) Previously approved on May 9,
Congress and to the Comptroller General
additional requirements beyond those 2011 in paragraph (c)(351)(i)(A)(4) of
of the United States. The EPA will
imposed by state law. For that reason, this section and now deleted with
submit a report containing this action
this action: replacement in paragraph
and other required information to the
• Is not a significant regulatory action (c)(485)(i)(A)(2), Rule 202,
U.S. Senate, the U.S. House of
subject to review by the Office of ‘‘Exemptions,’’ revised on October 10,
Representatives, and the Comptroller
Management and Budget under 2006.
General of the United States prior to
Executive Orders 12866 (58 FR 51735,
publication of the rule in the Federal * * * * *
October 4, 1993) and 13563 (76 FR 3821,
Register. A major rule cannot take effect (442) * * *
January 21, 2011);
until 60 days after it is published in the
• does not impose an information (i) * * *
Federal Register. This action is not a
collection burden under the provisions (A) * * *
‘‘major rule’’ as defined by 5 U.S.C.
of the Paperwork Reduction Act (44
804(2). (4) Previously approved on October 2,
U.S.C. 3501 et seq.);
• is certified as not having a Under section 307(b)(1) of the Clean 2014 in paragraph (c)(442)(i)(A)(1) of
significant economic impact on a Air Act, petitions for judicial review of this section and now deleted with
substantial number of small entities this action must be filed in the United replacement in paragraph
under the Regulatory Flexibility Act (5 States Court of Appeals for the (c)(485)(i)(A)(1), Rule 101,
U.S.C. 601 et seq.); appropriate circuit by August 7, 2017. ‘‘Definitions,’’ revised on October 22,
• does not contain any unfunded Filing a petition for reconsideration by 2013.
mandate or significantly or uniquely the Administrator of this final rule does * * * * *
affect small governments, as described not affect the finality of this action for
(485) New and amended regulations
in the Unfunded Mandates Reform Act the purposes of judicial review nor does
were submitted on April 21, 2016 by the
of 1995 (Pub. L. 104–4); it extend the time within which a
Governor’s designee.
• does not have Federalism petition for judicial review may be filed,
implications as specified in Executive and shall not postpone the effectiveness (i) Incorporation by reference. (A)
Order 13132 (64 FR 43255, August 10, of such rule or action. This action may Imperial County Air Pollution Control
1999); not be challenged later in proceedings to District.
• is not an economically significant enforce its requirements (see section (1) Rule 101, ‘‘Definitions,’’ revised
regulatory action based on health or 307(b)(2)). February 9, 2016.
asabaliauskas on DSKBBXCHB2PROD with RULES
safety risks subject to Executive Order List of Subjects in 40 CFR Part 52 (2) Rule 202, ‘‘Exemptions,’’ revised
13045 (62 FR 19885, April 23, 1997); February 9, 2016.
• is not a significant regulatory action Environmental protection, Air
subject to Executive Order 13211 (66 FR pollution control, Incorporation by (3) Rule 217, ‘‘Large Confined Animal
28355, May 22, 2001); reference, Intergovernmental relations, Facilities (LCAF) Permits Required,’’
• is not subject to requirements of Ozone, Particulate matter, Reporting revised February 9, 2016.
Section 12(d) of the National and recordkeeping requirements, [FR Doc. 2017–11831 Filed 6–7–17; 8:45 am]
Technology Transfer and Advancement Volatile organic compounds. BILLING CODE 6560–50–P
VerDate Sep<11>2014 16:16 Jun 07, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 E:\FR\FM\08JNR1.SGM 08JNR1](https://thefederalregister.org/doc/82_FR_26703/page/2.svg)
Document Created: 2018-11-14 10:06:56
Document Modified: 2018-11-14 10:06:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | These rules will be effective on July 10, 2017. | |
| Contact | Nancy Levin, EPA Region IX, (415) 972 3848, [email protected] | |
| FR Citation | 82 FR 26594 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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