82 FR 38604 - Approval of California Air Plan Revisions, Placer County Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 156 (August 15, 2017)
Federal Register Volume 82, Issue 156 (August 15, 2017)
| Page Range | 38604-38605 | |
| FR Document | 2017-16823 |
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)] [Rules and Regulations] [Pages 38604-38605] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16823] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0218; FRL-9965-90-Region 9] Approval of California Air Plan Revisions, Placer 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 Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern the District's demonstration regarding Reasonably Available Control Technology (RACT) requirements for the 1997 and 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS), and negative declarations for the polyester resin source category for the 2008 8-hour ozone standard. We are approving the submitted SIP revisions under the Clean Air Act (CAA or the Act). DATES: This rule is effective on September 14, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0218. All documents in the docket are listed on the https://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 https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947- 4126, [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. Statutory and Executive Order Reviews I. Proposed Action On June 15, 2017 (82 FR 27456), the EPA proposed to approve the following documents into the California SIP. ---------------------------------------------------------------------------------------------------------------- Local agency Document Adopted Submitted ---------------------------------------------------------------------------------------------------------------- PCAPCD..................................... 2006 Reasonably Available Control 08/10/06 07/11/07 Technology State Implementation Plan Update Analysis (``2006 RACT SIP''). PCAPCD..................................... 2014 Reasonably Available Control 04/10/14 07/18/14 Technology State Implementation Plan Analysis (``2014 RACT SIP''). ---------------------------------------------------------------------------------------------------------------- PCAPCD's July 18, 2014 submittal also included negative declarations for the Polyester Resin source category covered by the following control techniques guidelines (CTGs): EPA-450/3-83-008, Control of Volatile Organic Compound Emissions from Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins and EPA-450/3-83-006, Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment. The District certified that it had no sources subject to the CTG documents. We proposed to approve these documents because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the documents and our evaluation. 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 these documents, including the negative declarations into the California SIP. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: [[Page 38605]]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 October 16, 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: July 31, 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)(382)(ii)(D) and (c)(449)(ii)(B) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (382) * * * (ii) * * * (D) Placer County Air Pollution Control District. (1) 2006 Reasonably Available Control Technology State Implementation Plan Update Analysis, as adopted on August 10, 2006. * * * * * (449) * * * (ii) * * * (B) Placer County Air Pollution Control District. (1) 2014 Reasonably Available Control Technology State Implementation Plan Analysis, as adopted on April 10, 2014. * * * * * 0 3. Section 52.222 is amended by adding paragraph (a)(4)(iv) to read as follows: Sec. 52.222 Negative declarations. (a) * * * (4) * * * (iv) Polyester Resin was submitted on July 18, 2014 and adopted on April 10, 2014. * * * * * [FR Doc. 2017-16823 Filed 8-14-17; 8:45 am] BILLING CODE 6560-50-P
![38604 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations
SUPPLEMENTARY INFORMATION: The Coast this notice, a Broadcast Notice to the submitted SIP revisions under the
Guard will enforce the safety zone Mariners may be used to grant general Clean Air Act (CAA or the Act).
around vessels involved in Coast Guard permission to enter the regulated area. DATES: This rule is effective on
training exercises in Hood Canal, WA Dated: August 8, 2017. September 14, 2017.
set forth in 33 CFR 165.1339, from 12 Linda A. Sturgis, ADDRESSES: The EPA has established a
a.m. on November 6, 2017 through 11:30
p.m. on November 10, 2017, unless Captain, U.S. Coast Guard, Captain of the docket for this action under Docket ID
Port Puget Sound. No. EPA–R09–OAR–2017–0218. All
cancelled sooner by the Captain of the
Port. Under the provisions of 33 CFR [FR Doc. 2017–17141 Filed 8–14–17; 8:45 am] documents in the docket are listed on
165.1339, no person or vessel may enter BILLING CODE 9110–04–P the https://www.regulations.gov Web
or remain within 500 yards of any vessel site. Although listed in the index, some
involved in Coast Guard training information is not publicly available,
exercises while such vessel is transiting ENVIRONMENTAL PROTECTION e.g., Confidential Business Information
Hood Canal, WA between Foul Weather AGENCY (CBI) or other information whose
Bluff and the entrance to Dabob Bay, disclosure is restricted by statute.
unless authorized by the Captain of the 40 CFR Part 52 Certain other material, such as
Port or his Designated Representative. In copyrighted material, is not placed on
[EPA–R09–OAR–2017–0218; FRL–9965–90– the Internet and will be publicly
addition, the regulation establishes Region 9]
requirements for all vessels to obtain available only in hard copy form.
permission for entry during the Publicly available docket materials are
Approval of California Air Plan
enforcement period by contacting the available through https://
Revisions, Placer County Air Pollution
on-scene patrol commander on VHF www.regulations.gov, or please contact
Control District
channel 13 or 16, or the Sector Puget the person identified in the FOR FURTHER
Sound Joint Harbor Operations Center at AGENCY: Environmental Protection INFORMATION CONTACT section for
206–217–6001. Members of the Agency (EPA). additional availability information.
maritime public will be able to identify ACTION: Final rule. FOR FURTHER INFORMATION CONTACT:
participating vessels as those flying the Nicole Law, EPA Region IX, (415) 947–
Coast Guard Ensign. The COTP may also SUMMARY: The Environmental Protection 4126, Law.Nicole@epa.gov.
be assisted in the enforcement of the Agency (EPA) is taking final action to
SUPPLEMENTARY INFORMATION:
zone by other federal, state, or local approve revisions to the Placer County
Throughout this document, ‘‘we,’’ ‘‘us’’
agencies. Air Pollution Control District (PCAPCD)
and ‘‘our’’ refer to the EPA.
This notice of enforcement is issued portion of the California State
under authority of 33 CFR 165.1339 and Implementation Plan (SIP). These Table of Contents
5 U.S.C. 552(a). In addition to this revisions concern the District’s I. Proposed Action
notice of enforcement in the Federal demonstration regarding Reasonably II. Public Comments and EPA Responses
Register, the Coast Guard plans to Available Control Technology (RACT) III. EPA Action
provide notification of this enforcement requirements for the 1997 and 2008 8- IV. Statutory and Executive Order Reviews
period via the Local Notice to Mariners, hour ozone National Ambient Air
marine information broadcasts, and on- Quality Standards (NAAQS), and I. Proposed Action
scene assets. If the COTP determines negative declarations for the polyester On June 15, 2017 (82 FR 27456), the
that the regulated area need not be resin source category for the 2008 8- EPA proposed to approve the following
enforced for the full duration stated in hour ozone standard. We are approving documents into the California SIP.
Local agency Document Adopted Submitted
PCAPCD ................... 2006 Reasonably Available Control Technology State Implementation Plan Update 08/10/06 07/11/07
Analysis (‘‘2006 RACT SIP’’).
PCAPCD ................... 2014 Reasonably Available Control Technology State Implementation Plan Analysis 04/10/14 07/18/14
(‘‘2014 RACT SIP’’).
PCAPCD’s July 18, 2014 submittal requirements. Our proposed action IV. Statutory and Executive Order
also included negative declarations for contains more information on the Reviews
the Polyester Resin source category documents and our evaluation.
covered by the following control Under the Clean Air Act, the
techniques guidelines (CTGs): EPA–450/ II. Public Comments and EPA Administrator is required to approve a
3–83–008, Control of Volatile Organic Responses SIP submission that complies with the
Compound Emissions from Manufacture provisions of the Act and applicable
The EPA’s proposed action provided federal regulations. 42 U.S.C. 7410(k);
of High-Density Polyethylene,
a 30-day public comment period. During 40 CFR 52.02(a). Thus, in reviewing SIP
Polypropylene, and Polystyrene Resins
this period, we received no comments. submissions, the EPA’s role is to
and EPA–450/3–83–006, Control of
Volatile Organic Compound Leaks from III. EPA Action approve state choices, provided that
jstallworth on DSKBBY8HB2PROD with RULES
Synthetic Organic Chemical Polymer they meet the criteria of the Clean Air
and Resin Manufacturing Equipment. No comments were submitted. Act. Accordingly, this action merely
The District certified that it had no Therefore, as authorized in section approves state law as meeting federal
sources subject to the CTG documents. 110(k)(3) of the Act, the EPA is fully requirements and does not impose
We proposed to approve these approving these documents, including additional requirements beyond those
documents because we determined that the negative declarations into the imposed by state law. For that reason,
they complied with the relevant CAA California SIP. this action:
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![Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 38605
• Is not a significant regulatory action Representatives, and the Comptroller (1) 2014 Reasonably Available Control
subject to review by the Office of General of the United States prior to Technology State Implementation Plan
Management and Budget under publication of the rule in the Federal Analysis, as adopted on April 10, 2014.
Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect * * * * *
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the ■ 3. Section 52.222 is amended by
January 21, 2011); Federal Register. This action is not a adding paragraph (a)(4)(iv) to read as
• does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. follows:
collection burden under the provisions 804(2).
of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean § 52.222 Negative declarations.
U.S.C. 3501 et seq.); Air Act, petitions for judicial review of (a) * * *
• is certified as not having a this action must be filed in the United (4) * * *
significant economic impact on a States Court of Appeals for the (iv) Polyester Resin was submitted on
substantial number of small entities appropriate circuit by October 16, 2017. July 18, 2014 and adopted on April 10,
under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by 2014.
U.S.C. 601 et seq.); the Administrator of this final rule does * * * * *
• does not contain any unfunded not affect the finality of this action for
mandate or significantly or uniquely [FR Doc. 2017–16823 Filed 8–14–17; 8:45 am]
the purposes of judicial review nor does
affect small governments, as described it extend the time within which a BILLING CODE 6560–50–P
in the Unfunded Mandates Reform Act petition for judicial review may be filed,
of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness
• does not have Federalism of such rule or action. This action may
ENVIRONMENTAL PROTECTION
implications as specified in Executive AGENCY
not be challenged later in proceedings to
Order 13132 (64 FR 43255, August 10, enforce its requirements (see section
1999); 40 CFR Part 52
307(b)(2)).
• is not an economically significant [EPA–R04–OAR–2017–0078; FRL–9965–60–
regulatory action based on health or List of Subjects in 40 CFR Part 52 Region 4]
safety risks subject to Executive Order Environmental protection, Air
13045 (62 FR 19885, April 23, 1997); pollution control, Incorporation by Air Plan Approval; Georgia: New
• is not a significant regulatory action reference, Intergovernmental relations, Source Review and Permitting Updates
subject to Executive Order 13211 (66 FR Nitrogen dioxide, Ozone, Reporting and AGENCY: Environmental Protection
28355, May 22, 2001); recordkeeping requirements, Volatile Agency.
• is not subject to requirements of organic compounds.
Section 12(d) of the National ACTION: Direct final rule.
Dated: July 31, 2017.
Technology Transfer and Advancement SUMMARY: The Environmental Protection
Act of 1995 (15 U.S.C. 272 note) because Alexis Strauss,
Acting Regional Administrator, Region IX. Agency (EPA) is taking direct final
application of those requirements would action to approve changes to the Georgia
be inconsistent with the Clean Air Act; Part 52, Chapter I, Title 40 of the Code State Implementation Plan (SIP) to
and of Federal Regulations is amended as revise new source review (NSR) and
• does not provide the EPA with the follows: miscellaneous permitting regulations.
discretionary authority to address, as
EPA is approving portions of SIP
appropriate, disproportionate human PART 52—APPROVAL AND
revisions submitted by the State of
health or environmental effects, using PROMULGATION OF
Georgia, through the Georgia
practicable and legally permissible IMPLEMENTATION PLANS
Department of Natural Resources’
methods, under Executive Order 12898
■ 1. The authority citation for part 52 Environmental Protection Division (GA
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved continues to read as follows: EPD), on December 15, 2011, July 25,
to apply on any Indian reservation land 2014, and November 12, 2014. This
Authority: 42 U.S.C. 7401 et seq.
or in any other area where the EPA or action is being taken pursuant to the
an Indian tribe has demonstrated that a Subpart F—California Clean Air Act (CAA or Act).
tribe has jurisdiction. In those areas of DATES: This direct final rule is effective
Indian country, the rule does not have ■ 2. Section 52.220 is amended by October 16, 2017 without further notice,
tribal implications and will not impose adding paragraphs (c)(382)(ii)(D) and unless EPA receives adverse comment
substantial direct costs on tribal (c)(449)(ii)(B) to read as follows: by September 14, 2017. If EPA receives
governments or preempt tribal law as § 52.220 Identification of plan—in part.
such comments, it will publish a timely
specified by Executive Order 13175 (65 withdrawal of the direct final rule in the
* * * * * Federal Register and inform the public
FR 67249, November 9, 2000). (c) * * *
The Congressional Review Act, 5 that the rule will not take effect.
(382) * * *
U.S.C. 801 et seq., as added by the Small (ii) * * * ADDRESSES: Submit your comments,
Business Regulatory Enforcement (D) Placer County Air Pollution identified by Docket ID No. EPA–R04–
Fairness Act of 1996, generally provides Control District. OAR–2017–0078 at http://
that before a rule may take effect, the (1) 2006 Reasonably Available Control www.regulations.gov. Follow the online
agency promulgating the rule must Technology State Implementation Plan instructions for submitting comments.
jstallworth on DSKBBY8HB2PROD with RULES
submit a rule report, which includes a Update Analysis, as adopted on August Once submitted, comments cannot be
copy of the rule, to each House of the 10, 2006. edited or removed from Regulations.gov.
Congress and to the Comptroller General * * * * * EPA may publish any comment received
of the United States. The EPA will (449) * * * to its public docket. Do not submit
submit a report containing this action (ii) * * * electronically any information you
and other required information to the (B) Placer County Air Pollution consider to be Confidential Business
U.S. Senate, the U.S. House of Control District. Information (CBI) or other information
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Document Created: 2017-08-15 01:12:26
Document Modified: 2017-08-15 01:12:26
| 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 | This rule is effective on September 14, 2017. | |
| Contact | Nicole Law, EPA Region IX, (415) 947- 4126, [email protected] | |
| FR Citation | 82 FR 38604 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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