82_FR_31586 82 FR 31457 - Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District

82 FR 31457 - Approval of California Air Plan Revisions, Antelope Valley Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range31457-31458
FR Document2017-14203

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Antelope Valley Air Quality Management District (AVAQMD or ``District'') portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NO<INF>X</INF>) from passenger vehicles. We are approving a local rule that encourages the use of rideshare alternatives as a means of travelling to worksites in the District.

Federal Register, Volume 82 Issue 129 (Friday, July 7, 2017) 
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31457-31458]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14203]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0415; FRL-9962-53-Region 9]


Approval of California Air Plan Revisions, Antelope Valley Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Antelope Valley Air Quality 
Management District (AVAQMD or ``District'') portion of the California 
State Implementation Plan (SIP). This revision concerns emissions of 
volatile organic compounds (VOCs) and oxides of nitrogen 
(NOX) from passenger vehicles. We are approving a local rule 
that encourages the use of rideshare alternatives as a means of 
travelling to worksites in the District.

DATES: This rule will be effective on August 7, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2016-0415. 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: Jeffrey Buss, EPA Region IX, (415) 
947-4152, [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 March 10, 2017 at 82 FR 13280, the EPA proposed to approve the 
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
            Local agency                Rule No.              Rule title             amended/        Submitted
                                                                                      revised
----------------------------------------------------------------------------------------------------------------
AVAQMD.............................            2200  Transportation Outreach            01/19/99        10/29/99
                                                      Program.
----------------------------------------------------------------------------------------------------------------

    Rule 2200 provides a mechanism for obtaining documentation of 
emission reductions resulting from trip reduction programs. According 
to the District, the rule is expected to help reduce VOC and 
NOX emissions by encouraging individuals to select rideshare 
alternatives rather than drive alone, and by educating employees and 
the public about the health impacts of motor vehicle pollution. We 
proposed to approve this rule because we determined that it complied 
with the relevant CAA requirements. Our proposed action contains more 
information on the rule and our evaluation.\1\
---------------------------------------------------------------------------

    \1\ Our proposed rule mistakenly identified the adoption date of 
Antelope Valley Rule 2200 as July 20, 1999. The correct adoption 
date for the rule is January 19, 1999.
---------------------------------------------------------------------------

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving this rule into the 
California SIP. As we discussed in our proposed action, the rule 
establishes a framework for documenting emissions reductions from trip 
reduction programs, but does not require any specific trip reduction 
programs nor does it contain a good faith estimate of emission 
reductions. Consequently, it is not appropriate to credit this rule 
with emission reductions in the SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
AVAQMD rule described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under

[[Page 31458]]

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 September 5, 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 20, 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 paragraph (c)(270)(i)(E)(2) to 
read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (270) * * *
    (i) * * *
    (E) * * *
    (2) Rule 2220, ``Transportation Outreach Program,'' adopted on 
January 19, 1999.
* * * * *
[FR Doc. 2017-14203 Filed 7-6-17; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations 31457 permitted by the Captain of the Port ENVIRONMENTAL PROTECTION the http://www.regulations.gov Web Detroit or his on-scene representative. AGENCY site. Although listed in the index, some (3) The ‘‘on-scene representative’’ of information is not publicly available, 40 CFR Part 52 e.g., Confidential Business Information the Captain of the Port Detroit is any Coast Guard commissioned, warrant, or [EPA–R09–OAR–2016–0415; FRL–9962–53– (CBI) or other information whose Region 9] disclosure is restricted by statute. petty officer or a Federal, State, or local Certain other material, such as law enforcement officer designated by Approval of California Air Plan copyrighted material, is not placed on or assisting the Captain of the Port the Internet and will be publicly Revisions, Antelope Valley Air Quality Detroit to act on his behalf. Management District available only in hard copy form. (4) Vessel operators shall contact the Publicly available docket materials are Captain of the Port Detroit or his on- AGENCY: Environmental Protection available through http:// scene representative to obtain Agency (EPA). www.regulations.gov, or please contact permission to enter or operate within ACTION: Final rule. the person identified in the FOR FURTHER the safety zone. The Captain of the Port INFORMATION CONTACT section for SUMMARY: The Environmental Protection Detroit or his on-scene representative additional availability information. Agency (EPA) is taking final action to may be contacted via VHF Channel 16 approve a revision to the Antelope FOR FURTHER INFORMATION CONTACT: or at 313–568–9464. Vessel operators Valley Air Quality Management District Jeffrey Buss, EPA Region IX, (415) 947– given permission to enter or operate in (AVAQMD or ‘‘District’’) portion of the 4152, buss.jeffrey@epa.gov. the regulated area must comply with all California State Implementation Plan SUPPLEMENTARY INFORMATION: directions given to them by the Captain (SIP). This revision concerns emissions Throughout this document, ‘‘we,’’ ‘‘us’’ of the Port Detroit or his on-scene of volatile organic compounds (VOCs) and ‘‘our’’ refer to the EPA. representative. and oxides of nitrogen (NOX) from Table of Contents Dated: July 3, 2017. passenger vehicles. We are approving a local rule that encourages the use of I. Proposed Action J.W. Novak, II. Public Comments and EPA Responses rideshare alternatives as a means of Captain, U.S. Coast Guard, Captain of the travelling to worksites in the District. III. EPA Action Port Detroit. IV. Incorporation by Reference DATES: This rule will be effective on V. Statutory and Executive Order Reviews [FR Doc. 2017–14303 Filed 7–6–17; 8:45 am] August 7, 2017. BILLING CODE 9110–04–P ADDRESSES: The EPA has established a I. Proposed Action docket for this action under Docket ID On March 10, 2017 at 82 FR 13280, No. EPA–R09–OAR–2016–0415. All the EPA proposed to approve the documents in the docket are listed on following rule into the California SIP. Adopted/ Local agency Rule No. Rule title amended/ Submitted revised AVAQMD ................................ 2200 Transportation Outreach Program ......................................... 01/19/99 10/29/99 Rule 2200 provides a mechanism for III. EPA Action continue to make, these documents obtaining documentation of emission available through www.regulations.gov reductions resulting from trip reduction No comments were submitted. and at the EPA Region IX Office (please programs. According to the District, the Therefore, as authorized in section contact the person identified in the FOR rule is expected to help reduce VOC and 110(k)(3) of the Act, the EPA is fully FURTHER INFORMATION CONTACT section of NOX emissions by encouraging approving this rule into the California this preamble for more information). individuals to select rideshare SIP. As we discussed in our proposed alternatives rather than drive alone, and action, the rule establishes a framework V. Statutory and Executive Order by educating employees and the public for documenting emissions reductions Reviews about the health impacts of motor from trip reduction programs, but does Under the Clean Air Act, the vehicle pollution. We proposed to not require any specific trip reduction Administrator is required to approve a approve this rule because we programs nor does it contain a good SIP submission that complies with the determined that it complied with the faith estimate of emission reductions. provisions of the Act and applicable relevant CAA requirements. Our Consequently, it is not appropriate to federal regulations. 42 U.S.C. 7410(k); proposed action contains more credit this rule with emission 40 CFR 52.02(a). Thus, in reviewing SIP information on the rule and our reductions in the SIP. submissions, the EPA’s role is to evaluation.1 IV. Incorporation by Reference approve state choices, provided that II. Public Comments and EPA they meet the criteria of the Clean Air Responses In this rule, the EPA is finalizing Act. Accordingly, this action merely asabaliauskas on DSKBBXCHB2PROD with RULES regulatory text that includes approves state law as meeting federal The EPA’s proposed action provided incorporation by reference. In requirements and does not impose a 30-day public comment period. During accordance with requirements of 1 CFR additional requirements beyond those this period, we received no comments. 51.5, the EPA is finalizing the imposed by state law. For that reason, incorporation by reference of the this action: • Is not a significant regulatory action 1 Our proposed rule mistakenly identified the adoption date of Antelope Valley Rule 2200 as July AVAQMD rule described in the 20, 1999. The correct adoption date for the rule is amendments to 40 CFR part 52 set forth subject to review by the Office of January 19, 1999. below. The EPA has made, and will Management and Budget under VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1

31458 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect ENVIRONMENTAL PROTECTION October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the AGENCY January 21, 2011); Federal Register. This action is not a • does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. 40 CFR Part 52 collection burden under the provisions 804(2). [EPA–R05–OAR–2017–0081; FRL–9964–49– of the Paperwork Reduction Act (44 Region 5] Under section 307(b)(1) of the Clean U.S.C. 3501 et seq.); • is certified as not having a Air Act, petitions for judicial review of Air Plan Approval; Wisconsin; Site- significant economic impact on a this action must be filed in the United Specific Sulfur Dioxide Requirements substantial number of small entities States Court of Appeals for the for USG Interiors, LLC under the Regulatory Flexibility Act (5 appropriate circuit by September 5, U.S.C. 601 et seq.); 2017. Filing a petition for AGENCY: Environmental Protection • does not contain any unfunded reconsideration by the Administrator of Agency (EPA). mandate or significantly or uniquely this final rule does not affect the finality ACTION: Direct final rule. affect small governments, as described of this action for the purposes of judicial SUMMARY: The Environmental Protection in the Unfunded Mandates Reform Act review nor does it extend the time Agency (EPA) is approving, under the of 1995 (Pub. L. 104–4); within which a petition for judicial Clean Air Act (CAA), a State • does not have Federalism review may be filed, and shall not Implementation Plan (SIP) revision implications as specified in Executive postpone the effectiveness of such rule submitted by Wisconsin on January 31, Order 13132 (64 FR 43255, August 10, or action. This action may not be 2017, and supplemented on March 20, 1999); challenged later in proceedings to • is not an economically significant 2017. This SIP submittal consists of enforce its requirements (see section Wisconsin Administrative Order AM– regulatory action based on health or 307(b)(2)). 16–01, which imposes a requirement for safety risks subject to Executive Order List of Subjects in 40 CFR Part 52 a taller cupola exhaust stack, a sulfur 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action dioxide (SO2) emission limit in subject to Executive Order 13211 (66 FR Environmental protection, Air conjunction with a minimum cupola 28355, May 22, 2001); pollution control, Incorporation by stack flue gas flow rate, and associated • is not subject to requirements of reference, Intergovernmental relations, requirements on the mineral wool Section 12(d) of the National Nitrogen dioxide, Ozone, Reporting and production process at the USG Interiors Technology Transfer and Advancement recordkeeping requirements, Volatile LLC facility located in Walworth, Act of 1995 (15 U.S.C. 272 note) because organic compounds. Wisconsin (USG-Walworth). Wisconsin application of those requirements would submitted this SIP revision to enable the Dated: April 20, 2017. area near USG-Walworth to qualify for be inconsistent with the Clean Air Act; Alexis Strauss, being designated ‘‘attainment’’ of the and • does not provide the EPA with the Acting Regional Administrator, Region IX. 2010 primary SO2 National Ambient Air discretionary authority to address, as Quality Standards (NAAQS), a matter Part 52, Chapter I, Title 40 of the Code that will be addressed in a separate appropriate, disproportionate human of Federal Regulations is amended as health or environmental effects, using future rulemaking. EPA is approving follows: AM–16–01 into the Wisconsin SIP, practicable and legally permissible methods, under Executive Order 12898 which makes the AM–16–01 PART 52—APPROVAL AND requirements federally enforceable. (59 FR 7629, February 16, 1994). PROMULGATION OF In addition, the SIP is not approved DATES: This direct final rule will be IMPLEMENTATION PLANS effective September 5, 2017, unless EPA to apply on any Indian reservation land or in any other area where the EPA or receives adverse comments by August 7, ■ 1. The authority citation for part 52 2017. If adverse comments are received, an Indian tribe has demonstrated that a continues to read as follows: EPA will publish a timely withdrawal of tribe has jurisdiction. In those areas of Indian country, the rule does not have Authority: 42 U.S.C. 7401 et seq. the direct final rule in the Federal tribal implications and will not impose Register informing the public that the substantial direct costs on tribal Subpart F—California rule will not take effect. governments or preempt tribal law as ADDRESSES: Submit your comments, specified by Executive Order 13175 (65 ■ 2. Section 52.220 is amended by identified by Docket ID No. EPA–R05– FR 67249, November 9, 2000). adding paragraph (c)(270)(i)(E)(2) to OAR–2017–0081 at http:// The Congressional Review Act, 5 read as follows: www.regulations.gov, or via email to U.S.C. 801 et seq., as added by the Small Aburano.Douglas@epa.gov. For Business Regulatory Enforcement § 52.220 Identification of plan-in part. comments submitted at Regulations.gov, Fairness Act of 1996, generally provides * * * * * follow the online instructions for that before a rule may take effect, the (c) * * * submitting comments. Once submitted, agency promulgating the rule must comments cannot be edited or removed submit a rule report, which includes a (270) * * * from Regulations.gov. For either manner copy of the rule, to each House of the (i) * * * of submission, EPA may publish any asabaliauskas on DSKBBXCHB2PROD with RULES Congress and to the Comptroller General (E) * * * comment received to its public docket. of the United States. The EPA will Do not submit electronically any submit a report containing this action (2) Rule 2220, ‘‘Transportation information you consider to be and other required information to the Outreach Program,’’ adopted on January Confidential Business Information (CBI) U.S. Senate, the U.S. House of 19, 1999. or other information whose disclosure is Representatives, and the Comptroller * * * * * restricted by statute. Multimedia General of the United States prior to [FR Doc. 2017–14203 Filed 7–6–17; 8:45 am] submissions (audio, video, etc.) must be publication of the rule in the Federal BILLING CODE 6560–50–P accompanied by a written comment. VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1


Document Created: 2017-07-07 02:20:09
Document Modified: 2017-07-07 02:20:09
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
ActionFinal rule.
DatesThis rule will be effective on August 7, 2017.
ContactJeffrey Buss, EPA Region IX, (415) 947-4152, [email protected]
FR Citation82 FR 31457 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR