82_FR_29887 82 FR 29762 - Approval of California Air Plan Revisions, Great Basin Unified Air Pollution Control District and the Town of Mammoth Lakes

82 FR 29762 - Approval of California Air Plan Revisions, Great Basin Unified Air Pollution Control District and the Town of Mammoth Lakes

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29762-29764
FR Document2017-13196

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Great Basin Unified Air Pollution Control District (GBUAPCD) and the Town of Mammoth Lakes portion of the California State Implementation Plan (SIP). These revisions concern emissions of particulate matter (PM) from wood burning devices and road dust in the Town of Mammoth Lakes. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 82 Issue 125 (Friday, June 30, 2017)
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29762-29764]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13196]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0409; FRL-9955-67-Region 9]


Approval of California Air Plan Revisions, Great Basin Unified 
Air Pollution Control District and the Town of Mammoth Lakes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Great Basin Unified Air 
Pollution Control District (GBUAPCD) and the Town of Mammoth Lakes 
portion of the California State Implementation Plan (SIP). These 
revisions concern emissions of particulate matter (PM) from wood 
burning devices and road dust in the Town of Mammoth Lakes. We are 
approving local rules that regulate these emission sources under the 
Clean Air Act (CAA or the Act).

DATES: This rule is effective on August 29, 2017 without further 
notice, unless the EPA receives adverse comments by July 31, 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-2016-0409 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 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: 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. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. The EPA's Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this action with the dates 
that they were adopted by the local agencies and submitted by the 
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Revised        Submitted
----------------------------------------------------------------------------------------------------------------
GBUAPCD............................             431  Particulate Matter (except         05/05/14        11/06/14
                                                      paragraphs M and N).
Town of Mammoth Lakes..............            8.30  Particulate Emissions              06/04/14        11/06/14
                                                      Regulations (except
                                                      paragraphs 8.30.110 and
                                                      8.30.120).
----------------------------------------------------------------------------------------------------------------

    On December 11, 2014, the EPA determined that the submittal for 
GBUAPCD Rule 431 and Town of Mammoth Lakes Municipal Code Chapter 8.30 
met the completeness criteria in 40 CFR part 51 Appendix V,

[[Page 29763]]

which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved earlier versions of Rule 431 and Municipal Code Chapter 
8.30 into the SIP on October 31, 2007 (72 FR 61526) and June 24, 1996 
(61 FR 32341), respectively. The GBUAPCD and Town of Mammoth Lakes 
adopted revisions to the SIP-approved rules on May 5, 2014 and May 7, 
2014 respectively, and CARB submitted them to us on November 6, 2014.

C. What is the purpose of the submitted rules?

    PM, including PM equal to or less than 10 microns in diameter 
(PM10), contributes to effects that are harmful to human 
health and the environment, including premature mortality, aggravation 
of respiratory and cardiovascular disease, decreased lung function, 
visibility impairment, and damage to vegetation and ecosystems. Section 
110(a) of the CAA requires states to submit regulations that control PM 
emissions. GBUAPCD Rule 431 (except paragraphs M and N) and Town of 
Mammoth Lakes Municipal Code Chapter 8.30 (except paragraphs 8.30.110 
and 8.30.120) were revised to be consistent with each other, and to 
enable the GBUAPCD to be able to enforce air quality regulations 
governing residential wood combustion and road dust in the Town of 
Mammoth Lakes.\1\ The EPA's technical support document (TSD) has more 
information about these rules.
---------------------------------------------------------------------------

    \1\ Rule 431 may apply to communities other than the Town of 
Mammoth Lakes within the Great Basin Unified Air Quality Control 
District if a community is designated a High Wood Smoke Area 
according to the procedures set forth in the Rule.
---------------------------------------------------------------------------

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    On October 5, 2015 (80 FR 60049), the EPA redesignated the Mammoth 
Lakes Planning Area to attainment of the 24-hour PM10 
National Ambient Air Quality Standard, pursuant to CAA section 
107(d)(3)(D), and determined that the area met the requirements of CAA 
section 107(d)(3)(E). Accordingly, the Mammoth Lakes Planning Area is 
not subject to the nonattainment area requirement to implement either 
Reasonably Available Control Measures (RACM) or Best Available Control 
Measures (BACM) for PM10 and PM10 precursors in 
CAA section 189(b) and (e). Therefore, we are not evaluating GBUAPCD 
Rule 431 and Mammoth Lakes Municipal Code Chapter 8.30 for compliance 
with current RACM or BACM requirements with respect to PM10. 
Should a GBUAPCD nonattainment area take credit for Rule 431 in the 
future as part of meeting its CAA Part D requirements, then we will 
evaluate the rule for current RACM or BACM, as applicable, at that 
time.
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:

1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
(57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised 
January 11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' (``the Little Bluebook'', EPA Region 9, August 21, 
2001).
4. ``PM10 Guideline Document,'' (EPA 452/R-93-008, April 
1993).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. The District is 
not including for SIP approval Rule 431 paragraphs M and N regarding 
fees and penalties, and similar provisions in Municipal Code Chapter 
8.30, paragraphs 8.30.110 and 8.30.120. These paragraphs could lead to 
confusion with respect to similar federal requirements. The TSD has 
more information on our evaluation.

C. The EPA's Recommendations To Further Improve the Rules

    The TSD describes additional rule revisions that we recommend for 
the next time the local agencies modify the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements.\2\ 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 rules. If we 
receive adverse comments by July 31, 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 August 29, 2017. This will incorporate these 
rules into the federally enforceable SIP.
---------------------------------------------------------------------------

    \2\ Upon the effective date of this final action, GBUAPCD Rule 
431 (except paragraphs M and N) and Town of Mammoth Lakes Municipal 
Code Chapter 8.30 (except paragraphs 8.30.110 and 8.30.120) would 
supersede existing GBUAPD 431 and Town of Mammoth Lakes 8.30, 
approved at 72 FR 61526 on October 31, 2007 and 61 FR 32341 on June 
24, 1996, respectively in the applicable SIP.
---------------------------------------------------------------------------

    Please note that if the EPA receives 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 
GBUAPCD Rule 431 (except paragraphs M and N) and Town of Mammoth Lakes 
Chapter 8.30 (except paragraphs 8.30.110 and 8.30.120), 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

[[Page 29764]]

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 29, 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: November 14, 2016.
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)(228)(i)(A)(1)(iii), (c)(350)(i)(A)(3), and (c)(457)(i)(I) to read 
as follows:


Sec.  52.220   Identification of plan--in part.

* * * * *
    (c) * * *
    (228) * * *
    (i) * * *
    (A) * * *
    (1) * * *
    (iii) Previously approved on October 2, 1991 in paragraph 
(c)(228)(i)(A)(1)(ii) of this section and now deleted with replacement 
in paragraph (c)(457)(i)(I)(2) of this section, Town of Mammoth Lakes 
Municipal Code Chapter 8.30 dated October 2, 1991.
* * * * *
    (350) * * *
    (i) * * *
    (A) * * *
    (3) Previously approved on October 31, 2007 in paragraph 
(c)(350)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(457)(i)(I)(2) of this section, Rule 431, adopted on 
December 7, 1990 and revised on December 4, 2006.
* * * * *
    (457) * * *
    (i) * * *
    (I) Great Basin Unified Air Pollution Control District.
    (1) Rule 431, Particulate Emissions (except paragraphs M and N), 
revised May 5, 2014.
    (2) Town of Mammoth Lakes Municipal Code Chapter 8.30, Particulate 
Emissions Regulations (except paragraphs 8.30.110 and 8.30.120), as 
adopted in Ordinance Number 14-06, June 4, 2014.
* * * * *

    Editorial note: This document was received for publication by 
the Office of the Federal Register on June 20, 2017.

[FR Doc. 2017-13196 Filed 6-29-17; 8:45 am]
BILLING CODE 6560-50-P



                                                29762                       Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations

                                                                                                                                                                                                                                                Unit in
                                                                                                                                                                                                                                               terms of
                                                     Symbol                                           Quantity                                                                 Unit                                  Unit symbol               SI base
                                                                                                                                                                                                                                                 units

                                                W ....................    work .................................................................    kilowatt-hour ...............................................   kW·hr ............     3.6·m2·kg·s¥1.
                                                wC ...................    carbon mass fraction .......................................              gram/gram ..................................................    g/g ................   1.
                                                wCH4N2O .........         urea mass fraction ...........................................            gram/gram ..................................................    g/g ................   1.
                                                x .....................   amount of substance mole fraction .................                       mole per mole .............................................     mol/mol ........       1.
                                                xb ....................   brake energy fraction.
                                                xbl ...................   brake energy limit.



                                                § 1037.550         Powertrain testing. [Corrected]action to approve revisions to the Great                                                       consider comments or comment
                                                ■ 2. On page 74097, in the third column,          Basin Unified Air Pollution Control                                                            contents located outside of the primary
                                                TABLE 1 OF § 1037.550—                            District (GBUAPCD) and the Town of                                                             submission (i.e. on the web, cloud, or
                                                STATISTICAL CRITERIA FOR                          Mammoth Lakes portion of the                                                                   other file sharing system). For
                                                VALIDATING DUTY CYCLES should                     California State Implementation Plan                                                           additional submission methods, please
                                                read as follows:                                  (SIP). These revisions concern                                                                 contact the person identified in the FOR
                                                                                                  emissions of particulate matter (PM)                                                           FURTHER INFORMATION CONTACT section.
                                                  TABLE 1 OF § 1037.550—STATISTICAL from wood burning devices and road                                                                           For the full EPA public comment policy,
                                                    CRITERIA FOR VALIDATING DUTY CY- dust in the Town of Mammoth Lakes.                                                                          information about CBI or multimedia
                                                    CLES                                          We are approving local rules that                                                              submissions, and general guidance on
                                                                                                  regulate these emission sources under                                                          making effective comments, please visit
                                                       Parameter 1                Speed control   the Clean Air Act (CAA or the Act).                                                            http://www2.epa.gov/dockets/
                                                                                                  DATES: This rule is effective on August                                                        commenting-epa-dockets.
                                                Slope, a1 ................... 0.990 ≤ a1 ≤ 1.010. 29, 2017 without further notice, unless
                                                Absolute value of             ≤2.0% of maximum                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                                                                  the EPA receives adverse comments by                                                           Christine Vineyard, EPA Region IX,
                                                   intercept, |a0|.             test speed.
                                                Standard error of esti- ≤2.0% of maximum
                                                                                                  July 31, 2017. If we receive such                                                              (415) 947–4125, vineyard.christine@
                                                   mate, SEE.                   test speed.       comments, we will publish a timely                                                             epa.gov.
                                                Coefficient of deter-         ≥0.990.             withdrawal in the Federal Register to
                                                   mination, r2.                                  notify the public that this direct final                                                       SUPPLEMENTARY INFORMATION:
                                                   1 Determine values for specified parameters
                                                                                                  rule will not take effect.                                                                     Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                as described in 40 CFR 1065.514(e) by com- ADDRESSES: Submit your comments,
                                                                                                                                                                                                 and ‘‘our’’ refer to the EPA.
                                                paring measured and reference values for identified by Docket ID No. EPA–R09–                                                                    Table of Contents
                                                fnref,dyno.                                       OAR–2016–0409 at http://
                                                [FR Doc. C1–2016–21203 Filed 6–29–17; 8:45 am]    www.regulations.gov, or via email to                                                           I. The State’s Submittal
                                                                                                                                                                                                    A. What rules did the State submit?
                                                BILLING CODE 1301–00–D                            Andrew Steckel, Rulemaking Office                                                                 B. Are there other versions of these rules?
                                                                                                  Chief at Steckel.Andrew@epa.gov. For                                                              C. What is the purpose of the submitted
                                                                                                  comments submitted at Regulations.gov,                                                               rules?
                                                ENVIRONMENTAL PROTECTION                          follow the online instructions for                                                             II. The EPA’s Evaluation and Action
                                                AGENCY                                            submitting comments. Once submitted,                                                              A. How is the EPA evaluating the rules?
                                                                                                  comments cannot be removed or edited                                                              B. Do the rules meet the evaluation
                                                40 CFR Part 52                                    from Regulations.gov. For either manner                                                              criteria?
                                                [EPA–R09–OAR–2016–0409; FRL–9955–67– of submission, the EPA may publish any                                                                         C. The EPA’s Recommendations To Further
                                                Region 9]                                         comment received to its public docket.                                                               Improve the Rules
                                                                                                                                                                                                    D. Public Comment and Final Action
                                                                                                  Do not submit electronically any                                                               III. Incorporation by Reference
                                                Approval of California Air Plan                   information you consider to be
                                                Revisions, Great Basin Unified Air                                                                                                               IV. Statutory and Executive Order Reviews
                                                                                                  Confidential Business Information (CBI)
                                                Pollution Control District and the Town or other information whose disclosure is                                                                 I. The State’s Submittal
                                                of Mammoth Lakes                                  restricted by statute. Multimedia                                                              A. What rules did the State submit?
                                                AGENCY: Environmental Protection                  submissions (audio, video, etc.) must be
                                                Agency (EPA).                                     accompanied by a written comment.                                                                Table 1 lists the rules addressed by
                                                ACTION: Direct final rule.                        The written comment is considered the                                                          this action with the dates that they were
                                                                                                  official comment and should include                                                            adopted by the local agencies and
                                                SUMMARY: The Environmental Protection discussion of all points you wish to                                                                       submitted by the California Air
                                                Agency (EPA) is taking direct final               make. The EPA will generally not                                                               Resources Board (CARB).

                                                                                                                                  TABLE 1—SUBMITTED RULES
                                                            Local agency                             Rule No.                                                     Rule title                                               Revised             Submitted
mstockstill on DSK30JT082PROD with RULES




                                                GBUAPCD ..............................                           431       Particulate Matter (except paragraphs M and N) ..................                                   05/05/14            11/06/14
                                                Town of Mammoth Lakes .......                                    8.30      Particulate Emissions Regulations (except paragraphs                                                06/04/14            11/06/14
                                                                                                                             8.30.110 and 8.30.120).



                                                  On December 11, 2014, the EPA                                          GBUAPCD Rule 431 and Town of                                            Chapter 8.30 met the completeness
                                                determined that the submittal for                                        Mammoth Lakes Municipal Code                                            criteria in 40 CFR part 51 Appendix V,


                                           VerDate Sep<11>2014        18:13 Jun 29, 2017        Jkt 241001       PO 00000       Frm 00064          Fmt 4700    Sfmt 4700     E:\FR\FM\30JNR1.SGM           30JNR1


                                                                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations                                                 29763

                                                which must be met before formal EPA                     CAA section 107(d)(3)(E). Accordingly,                 not think anyone will object to this
                                                review.                                                 the Mammoth Lakes Planning Area is                     approval, so we are finalizing it without
                                                                                                        not subject to the nonattainment area                  proposing it in advance. However, in
                                                B. Are there other versions of these
                                                                                                        requirement to implement either                        the Proposed Rules section of this
                                                rules?
                                                                                                        Reasonably Available Control Measures                  Federal Register, we are simultaneously
                                                  We approved earlier versions of Rule                  (RACM) or Best Available Control                       proposing approval of the same
                                                431 and Municipal Code Chapter 8.30                     Measures (BACM) for PM10 and PM10                      submitted rules. If we receive adverse
                                                into the SIP on October 31, 2007 (72 FR                 precursors in CAA section 189(b) and                   comments by July 31, 2017, we will
                                                61526) and June 24, 1996 (61 FR 32341),                 (e). Therefore, we are not evaluating                  publish a timely withdrawal in the
                                                respectively. The GBUAPCD and Town                      GBUAPCD Rule 431 and Mammoth                           Federal Register to notify the public
                                                of Mammoth Lakes adopted revisions to                   Lakes Municipal Code Chapter 8.30 for                  that the direct final approval will not
                                                the SIP-approved rules on May 5, 2014                   compliance with current RACM or                        take effect and we will address the
                                                and May 7, 2014 respectively, and                       BACM requirements with respect to                      comments in a subsequent final action
                                                CARB submitted them to us on                            PM10. Should a GBUAPCD                                 based on the proposal. If we do not
                                                November 6, 2014.                                       nonattainment area take credit for Rule                receive timely adverse comments, the
                                                                                                        431 in the future as part of meeting its               direct final approval will be effective
                                                C. What is the purpose of the submitted
                                                                                                        CAA Part D requirements, then we will                  without further notice on August 29,
                                                rules?
                                                                                                        evaluate the rule for current RACM or                  2017. This will incorporate these rules
                                                  PM, including PM equal to or less                     BACM, as applicable, at that time.                     into the federally enforceable SIP.
                                                than 10 microns in diameter (PM10),                        Guidance and policy documents that                    Please note that if the EPA receives
                                                contributes to effects that are harmful to              we use to evaluate enforceability,                     adverse comment on an amendment,
                                                human health and the environment,                       revision/relaxation and rule stringency                paragraph, or section of this rule and if
                                                including premature mortality,                          requirements for the applicable criteria               that provision may be severed from the
                                                aggravation of respiratory and                          pollutants include the following:                      remainder of the rule, the EPA may
                                                cardiovascular disease, decreased lung                                                                         adopt as final those provisions of the
                                                                                                        1. ‘‘State Implementation Plans; General
                                                function, visibility impairment, and                                                                           rule that are not the subject of an
                                                                                                              Preamble for the Implementation of Title
                                                damage to vegetation and ecosystems.                          I of the Clean Air Act Amendments of
                                                                                                                                                               adverse comment.
                                                Section 110(a) of the CAA requires                            1990,’’ (57 FR 13498, April 16, 1992 and         III. Incorporation by Reference
                                                states to submit regulations that control                     57 FR 18070, April 28, 1992).
                                                PM emissions. GBUAPCD Rule 431                          2. ‘‘Issues Relating to VOC Regulation                    In this rule, the EPA is finalizing
                                                (except paragraphs M and N) and Town                          Cutpoints, Deficiencies, and Deviations,’’       regulatory text that includes
                                                of Mammoth Lakes Municipal Code                               (‘‘the Bluebook,’’ U.S. EPA, May 25,             incorporation by reference. In
                                                Chapter 8.30 (except paragraphs                               1988; revised January 11, 1990).                 accordance with requirements of 1 CFR
                                                8.30.110 and 8.30.120) were revised to                  3. ‘‘Guidance Document for Correcting                  51.5, the EPA is finalizing the
                                                                                                              Common VOC & Other Rule                          incorporation by reference of the
                                                be consistent with each other, and to
                                                                                                              Deficiencies,’’ (‘‘the Little Bluebook’’,        GBUAPCD Rule 431 (except paragraphs
                                                enable the GBUAPCD to be able to                              EPA Region 9, August 21, 2001).
                                                enforce air quality regulations governing                                                                      M and N) and Town of Mammoth Lakes
                                                                                                        4. ‘‘PM10 Guideline Document,’’ (EPA 452/R–
                                                residential wood combustion and road                          93–008, April 1993).
                                                                                                                                                               Chapter 8.30 (except paragraphs
                                                dust in the Town of Mammoth Lakes.1                                                                            8.30.110 and 8.30.120), described in the
                                                The EPA’s technical support document                    B. Do the rules meet the evaluation                    amendments to 40 CFR part 52 set forth
                                                (TSD) has more information about these                  criteria?                                              below. The EPA has made, and will
                                                rules.                                                    We believe these rules are consistent                continue to make, these documents
                                                                                                        with the relevant policy and guidance                  available through www.regulations.gov
                                                II. The EPA’s Evaluation and Action                                                                            and at the EPA Region IX Office (please
                                                                                                        regarding enforceability and SIP
                                                A. How is the EPA evaluating the rules?                 relaxations. The District is not including             contact the person identified in the FOR
                                                                                                        for SIP approval Rule 431 paragraphs M                 FURTHER INFORMATION CONTACT section of
                                                  SIP rules must be enforceable (see                                                                           this preamble for more information).
                                                CAA section 110(a)(2)), must not                        and N regarding fees and penalties, and
                                                interfere with applicable requirements                  similar provisions in Municipal Code                   IV. Statutory and Executive Order
                                                concerning attainment and reasonable                    Chapter 8.30, paragraphs 8.30.110 and                  Reviews
                                                further progress or other CAA                           8.30.120. These paragraphs could lead
                                                                                                                                                                 Under the Clean Air Act, the
                                                requirements (see CAA section 110(l)),                  to confusion with respect to similar
                                                                                                                                                               Administrator is required to approve a
                                                and must not modify certain SIP control                 federal requirements. The TSD has more
                                                                                                                                                               SIP submission that complies with the
                                                requirements in nonattainment areas                     information on our evaluation.
                                                                                                                                                               provisions of the Act and applicable
                                                without ensuring equivalent or greater                  C. The EPA’s Recommendations To                        federal regulations. 42 U.S.C. 7410(k);
                                                emissions reductions (see CAA section                   Further Improve the Rules                              40 CFR 52.02(a). Thus, in reviewing SIP
                                                193).                                                                                                          submissions, the EPA’s role is to
                                                  On October 5, 2015 (80 FR 60049), the                   The TSD describes additional rule
                                                                                                        revisions that we recommend for the                    approve state choices, provided that
                                                EPA redesignated the Mammoth Lakes                                                                             they meet the criteria of the Clean Air
                                                Planning Area to attainment of the 24-                  next time the local agencies modify the
                                                                                                        rules.                                                 Act. Accordingly, this action merely
                                                hour PM10 National Ambient Air                                                                                 approves state law as meeting federal
                                                Quality Standard, pursuant to CAA                       D. Public Comment and Final Action                     requirements and does not impose
mstockstill on DSK30JT082PROD with RULES




                                                section 107(d)(3)(D), and determined                      As authorized in section 110(k)(3) of                additional requirements beyond those
                                                that the area met the requirements of                   the Act, the EPA is fully approving the
                                                                                                        submitted rules because we believe they                and Town of Mammoth Lakes Municipal Code
                                                  1 Rule431 may apply to communities other than                                                                Chapter 8.30 (except paragraphs 8.30.110 and
                                                the Town of Mammoth Lakes within the Great              fulfill all relevant requirements.2 We do              8.30.120) would supersede existing GBUAPD 431
                                                Basin Unified Air Quality Control District if a                                                                and Town of Mammoth Lakes 8.30, approved at 72
                                                community is designated a High Wood Smoke Area           2 Upon the effective date of this final action,       FR 61526 on October 31, 2007 and 61 FR 32341 on
                                                according to the procedures set forth in the Rule.      GBUAPCD Rule 431 (except paragraphs M and N)           June 24, 1996, respectively in the applicable SIP.



                                           VerDate Sep<11>2014   17:26 Jun 29, 2017   Jkt 241001   PO 00000   Frm 00065   Fmt 4700   Sfmt 4700   E:\FR\FM\30JNR1.SGM   30JNR1


                                                29764                Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations

                                                imposed by state law. For that reason,                  and other required information to the                     (228) * * *
                                                this action:                                            U.S. Senate, the U.S. House of                            (i) * * *
                                                   • Is not a significant regulatory action             Representatives, and the Comptroller                      (A) * * *
                                                subject to review by the Office of                      General of the United States prior to                     (1) * * *
                                                Management and Budget under                             publication of the rule in the Federal                    (iii) Previously approved on October
                                                Executive Orders 12866 (58 FR 51735,                    Register. A major rule cannot take effect              2, 1991 in paragraph (c)(228)(i)(A)(1)(ii)
                                                October 4, 1993) and 13563 (76 FR 3821,                 until 60 days after it is published in the             of this section and now deleted with
                                                January 21, 2011);                                      Federal Register. This action is not a                 replacement in paragraph
                                                   • does not impose an information                     ‘‘major rule’’ as defined by 5 U.S.C.                  (c)(457)(i)(I)(2) of this section, Town of
                                                collection burden under the provisions                  804(2).                                                Mammoth Lakes Municipal Code
                                                of the Paperwork Reduction Act (44                         Under section 307(b)(1) of the Clean                Chapter 8.30 dated October 2, 1991.
                                                U.S.C. 3501 et seq.);                                   Air Act, petitions for judicial review of              *       *    *     *      *
                                                   • is certified as not having a                       this action must be filed in the United                   (350) * * *
                                                significant economic impact on a                        States Court of Appeals for the                           (i) * * *
                                                substantial number of small entities                    appropriate circuit by August 29, 2017.                   (A) * * *
                                                under the Regulatory Flexibility Act (5                 Filing a petition for reconsideration by                  (3) Previously approved on October
                                                U.S.C. 601 et seq.);                                    the Administrator of this final rule does              31, 2007 in paragraph (c)(350)(i)(A)(1) of
                                                   • does not contain any unfunded                      not affect the finality of this action for             this section and now deleted with
                                                mandate or significantly or uniquely                    the purposes of judicial review nor does               replacement in paragraph
                                                affect small governments, as described                  it extend the time within which a                      (c)(457)(i)(I)(2) of this section, Rule 431,
                                                in the Unfunded Mandates Reform Act                     petition for judicial review may be filed,             adopted on December 7, 1990 and
                                                of 1995 (Pub. L. 104–4);                                and shall not postpone the effectiveness               revised on December 4, 2006.
                                                   • does not have Federalism                           of such rule or action. Parties with
                                                implications as specified in Executive                  objections to this direct final rule are               *       *    *     *      *
                                                Order 13132 (64 FR 43255, August 10,                    encouraged to file a comment in                           (457) * * *
                                                1999);                                                  response to the parallel notice of                        (i) * * *
                                                   • is not an economically significant                 proposed rulemaking for this action                       (I) Great Basin Unified Air Pollution
                                                regulatory action based on health or                    published in the Proposed Rules section                Control District.
                                                safety risks subject to Executive Order                 of today’s Federal Register, rather than                  (1) Rule 431, Particulate Emissions
                                                13045 (62 FR 19885, April 23, 1997);                    file an immediate petition for judicial                (except paragraphs M and N), revised
                                                   • is not a significant regulatory action             review of this direct final rule, so that              May 5, 2014.
                                                subject to Executive Order 13211 (66 FR                 the EPA can withdraw this direct final                    (2) Town of Mammoth Lakes
                                                28355, May 22, 2001);                                   rule and address the comment in the                    Municipal Code Chapter 8.30,
                                                   • is not subject to requirements of                  proposed rulemaking. This action may                   Particulate Emissions Regulations
                                                Section 12(d) of the National                           not be challenged later in proceedings to              (except paragraphs 8.30.110 and
                                                Technology Transfer and Advancement                     enforce its requirements (see section                  8.30.120), as adopted in Ordinance
                                                Act of 1995 (15 U.S.C. 272 note) because                307(b)(2)).                                            Number 14–06, June 4, 2014.
                                                application of those requirements would                                                                        *       *    *     *      *
                                                be inconsistent with the Clean Air Act;                 List of Subjects in 40 CFR Part 52
                                                                                                                                                                 Editorial note: This document was
                                                and                                                       Environmental protection, Air                        received for publication by the Office of the
                                                   • does not provide the EPA with the                  pollution control, Incorporation by                    Federal Register on June 20, 2017.
                                                discretionary authority to address, as                  reference, Intergovernmental relations,                [FR Doc. 2017–13196 Filed 6–29–17; 8:45 am]
                                                appropriate, disproportionate human                     Particulate matter, Reporting and                      BILLING CODE 6560–50–P
                                                health or environmental effects, using                  recordkeeping requirements.
                                                practicable and legally permissible                       Dated: November 14, 2016.
                                                methods, under Executive Order 12898                                                                           ENVIRONMENTAL PROTECTION
                                                                                                        Alexis Strauss,
                                                (59 FR 7629, February 16, 1994).                                                                               AGENCY
                                                   In addition, the SIP is not approved                 Acting Regional Administrator, Region IX.
                                                to apply on any Indian reservation land                   Part 52, chapter I, title 40 of the Code             40 CFR Part 300
                                                or in any other area where the EPA or                   of Federal Regulations is amended as
                                                an Indian tribe has demonstrated that a                 follows:                                               [EPA–HQ–SFUND–1990–0011; FRL–9963–
                                                tribe has jurisdiction. In those areas of                                                                      95–Region 8]
                                                Indian country, the rule does not have                  PART 52—APPROVAL AND
                                                                                                        PROMULGATION OF                                        National Oil and Hazardous
                                                tribal implications and will not impose                                                                        Substances Pollution Contingency
                                                substantial direct costs on tribal                      IMPLEMENTATION PLANS
                                                                                                                                                               Plan; National Priorities List: Partial
                                                governments or preempt tribal law as                                                                           Deletion of the Mystery Bridge Road/
                                                                                                        ■ 1. The authority citation for part 52
                                                specified by Executive Order 13175 (65                                                                         U.S. Highway 20 Superfund Site
                                                                                                        continues to read as follows:
                                                FR 67249, November 9, 2000).
                                                   The Congressional Review Act, 5                          Authority: 42 U.S.C. 7401 et seq.                  AGENCY: Environmental Protection
                                                U.S.C. 801 et seq., as added by the Small                                                                      Agency (EPA).
                                                Business Regulatory Enforcement                         Subpart F—California
                                                                                                                                                               ACTION: Direct final rule.
                                                Fairness Act of 1996, generally provides                ■ 2. Section 52.220 is amended by
mstockstill on DSK30JT082PROD with RULES




                                                that before a rule may take effect, the                 adding paragraphs (c)(228)(i)(A)(1)(iii),              SUMMARY:   The Environmental Protection
                                                agency promulgating the rule must                       (c)(350)(i)(A)(3), and (c)(457)(i)(I) to read          Agency (EPA) Region 8 is publishing a
                                                submit a rule report, which includes a                  as follows:                                            direct final notice of Partial Deletion of
                                                copy of the rule, to each House of the                                                                         the property currently owned by
                                                Congress and to the Comptroller General                 § 52.220    Identification of plan—in part.            Tallgrass Energy Partners, LP, (formerly
                                                of the United States. The EPA will                      *       *    *        *      *                         owned by KM Upstream LLC and
                                                submit a report containing this action                      (c) * * *                                          hereinafter referred to as the former KMI


                                           VerDate Sep<11>2014   17:26 Jun 29, 2017   Jkt 241001   PO 00000   Frm 00066   Fmt 4700   Sfmt 4700   E:\FR\FM\30JNR1.SGM   30JNR1



Document Created: 2017-06-30 06:01:58
Document Modified: 2017-06-30 06:01:58
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 August 29, 2017 without further notice, unless the EPA receives adverse comments by July 31, 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.
ContactChristine Vineyard, EPA Region IX, (415) 947-4125, [email protected]
FR Citation82 FR 29762 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR