82_FR_45378 82 FR 45191 - Approval and Promulgation of Implementation Plans; Enhanced Monitoring; California

82 FR 45191 - Approval and Promulgation of Implementation Plans; Enhanced Monitoring; California

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range45191-45192
FR Document2017-20722

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of California on November 10, 1993. This SIP revision concerns the establishment of a Photochemical Assessment Monitoring System (PAMS) network in six ozone nonattainment areas within California. The EPA is taking this action under the Clean Air Act based on the conclusion that all applicable statutory and regulatory requirements related to PAMS SIP revisions have been met.

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017)
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Rules and Regulations]
[Pages 45191-45192]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20722]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0411; FRL-9968-38-Region 9]


Approval and Promulgation of Implementation Plans; Enhanced 
Monitoring; California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by the State of California on November 10, 1993. This SIP revision 
concerns the establishment of a Photochemical Assessment Monitoring 
System (PAMS) network in six ozone nonattainment areas within 
California. The EPA is taking this action under the Clean Air Act based 
on the conclusion that all applicable statutory and regulatory 
requirements related to PAMS SIP revisions have been met.

DATES: This rule is effective October 30, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2017-0411. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed on 
the Web site, 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: Doris Lo, EPA Region IX, (415) 972-
3959, [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On August 2, 2017 (82 FR 35922), we proposed to approve a SIP 
revision submitted by the State of California on November 10, 1993. 
Herein, we refer to our proposed action on August 2, 2017, as the 
``proposed rule.''
    In our proposed rule, we provided a discussion of the regulatory 
context leading to the SIP revision submitted by California on November 
10, 1993. In short, the Clean Air Act (CAA or ``Act''), as amended in 
1990, required the EPA to designate as nonattainment, and to classify 
as Marginal, Moderate, Serious, Severe or Extreme, any ozone areas that 
were still designated nonattainment under the 1977 Act Amendments, and 
any other areas violating the 1-hour ozone standard, generally based on 
air quality monitoring data from the 1987 through 1989 period.\1\ 
Within California, we classified six ozone nonattainment areas as 
Serious, Severe, or Extreme: Los Angeles-South Coast Air Basin (``South 
Coast''), Sacramento Metro, San Diego County, San Joaquin Valley, 
Southeast Desert Modified Air Quality Management Area (``Southeast 
Desert'') and Ventura County.\2\ Such areas were subject to many 
requirements, including those related to enhanced monitoring in CAA 
section 182(c)(1).
---------------------------------------------------------------------------

    \1\ See section 107(d)(4) of the Act. See also 56 FR 56694, 
November 6, 1991.
    \2\ See 56 FR 56694, November 6, 1991.
---------------------------------------------------------------------------

    CAA section 182(c)(1) of the CAA required the EPA to promulgate 
rules for enhanced monitoring of ozone, oxides of nitrogen, and 
volatile organic compounds to obtain more comprehensive and 
representative data on ozone air pollution in areas designated 
nonattainment and classified as Serious, Severe or Extreme. The EPA's 
final PAMS regulation was promulgated on February 12, 1993 (58 FR 
8452). Section 182(c)(1) also required states to submit SIP revisions 
providing for enhanced monitoring for such areas consistent with the 
PAMS regulation.
    On November 10, 1993, the California Air Resources Board (CARB) 
submitted to the EPA a SIP revision for PAMS networks in California 
(``California PAMS SIP revision''). The California PAMS SIP revision 
consists of PAMS commitments from five California air districts with 
jurisdiction within the six relevant ozone nonattainment areas: The 
South Coast Air Quality Management District (AQMD) (for South Coast and 
Southeast Desert areas); Sacramento Metro AQMD (for the Sacramento 
Metro area); San Diego County Air Pollution Control District (APCD) 
(for the San Diego County area); San Joaquin Valley Unified APCD (for 
the San Joaquin Valley area), and Ventura County APCD (for the Ventura 
County area), as well as CARB Executive Orders approving the 
commitments, and public process documentation. The California PAMS SIP 
revision is intended to meet the requirements of section 182(c)(1) of 
the Act and to comply with the PAMS regulation, codified at 40 CFR part 
58, as promulgated on February 12, 1993.
    In our proposed rule, we identified the criteria we used to review 
the California PAMS SIP revision submittal and provided our evaluation 
and rationale for proposed approval. We determined that California's 
PAMS SIP revision meets all applicable requirements: (1) By first 
committing to, and then by implementing, PAMS networks as required in 
40 CFR part 58; and (2) by providing the public with an opportunity to 
inspect the proposed

[[Page 45192]]

network description during the public review process for the proposed 
SIP revision prior to forwarding the adopted version to CARB for 
approval and submittal to the EPA as a revision to the California SIP. 
As such, in our proposed rule, we proposed to approve the California 
PAMS SIP revision submitted by CARB on November 10, 1993, as part of 
the California SIP.
    Please see our proposed rule for additional background information 
and a more detailed evaluation of the SIP revision and explanation of 
our basis for approval.

II. Public Comments

    The EPA's proposed action on August 2, 2017, provided a 30-day 
public comment period ending on September 1, 2017. We received no 
comments on our proposed action.

III. Final Action

    Under CAA section 110(k)(3) and for the reasons set forth in our 
proposed rule and summarized above, the EPA is taking final action to 
approve the California PAMS SIP revision submitted on November 10, 
1993, for the following six ozone nonattainment areas in California: 
South Coast, Sacramento Metro, San Diego County, San Joaquin Valley, 
Southeast Desert, and Ventura County. We are taking this final action 
based on our conclusion that the California PAMS SIP revision meets all 
applicable requirements for enhanced ambient pollutant concentration 
monitoring under CAA section 182(c)(1) and our PAMS regulation.

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 a state plan as meeting 
federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the action 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 November 27, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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.

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

    Dated: September 15, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    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)(495) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (495) The following plan was submitted on November 10, 1993 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional material.
    (A) California Air Resources Board.
    (1) Letter and attachments from James D. Boyd, Executive Officer, 
California Air Resources Board, to Felicia Marcus, Regional 
Administrator, EPA Region IX, November 10, 1993.
* * * * *
[FR Doc. 2017-20722 Filed 9-27-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations                                               45191

                                                proceedings to enforce its requirements.                 SIP revision concerns the establishment                California, we classified six ozone
                                                (See section 307(b)(2).)                                 of a Photochemical Assessment                          nonattainment areas as Serious, Severe,
                                                                                                         Monitoring System (PAMS) network in                    or Extreme: Los Angeles-South Coast
                                                List of Subjects in 40 CFR Part 52
                                                                                                         six ozone nonattainment areas within                   Air Basin (‘‘South Coast’’), Sacramento
                                                  Environmental protection, Air                          California. The EPA is taking this action              Metro, San Diego County, San Joaquin
                                                pollution control, Incorporation by                      under the Clean Air Act based on the                   Valley, Southeast Desert Modified Air
                                                reference, Intergovernmental relations,                  conclusion that all applicable statutory               Quality Management Area (‘‘Southeast
                                                Nitrogen dioxide, Ozone, Particulate                     and regulatory requirements related to                 Desert’’) and Ventura County.2 Such
                                                matter, Reporting and recordkeeping                      PAMS SIP revisions have been met.                      areas were subject to many
                                                requirements, Sulfur oxides, Volatile                    DATES: This rule is effective October 30,              requirements, including those related to
                                                organic compounds.                                       2017.                                                  enhanced monitoring in CAA section
                                                  Dated: September 8, 2017.                              ADDRESSES: The EPA has established a                   182(c)(1).
                                                                                                         docket for this action under Docket No.                   CAA section 182(c)(1) of the CAA
                                                Cecil Rodrigues,
                                                                                                         EPA–R09–OAR–2017–0411. All                             required the EPA to promulgate rules for
                                                Acting Regional Administrator, Region III.                                                                      enhanced monitoring of ozone, oxides
                                                                                                         documents in the docket are listed on
                                                    40 CFR part 52 is amended as follows:                the http://www.regulations.gov Web                     of nitrogen, and volatile organic
                                                                                                         site. Although listed on the Web site,                 compounds to obtain more
                                                PART 52—APPROVAL AND                                                                                            comprehensive and representative data
                                                                                                         some information is not publicly
                                                PROMULGATION OF                                                                                                 on ozone air pollution in areas
                                                                                                         available, e.g., Confidential Business
                                                IMPLEMENTATION PLANS                                                                                            designated nonattainment and classified
                                                                                                         Information (CBI) or other information
                                                                                                         whose disclosure is restricted by statute.             as Serious, Severe or Extreme. The
                                                ■ 1. The authority citation for part 52                                                                         EPA’s final PAMS regulation was
                                                continues to read as follows:                            Certain other material, such as
                                                                                                         copyrighted material, is not placed on                 promulgated on February 12, 1993 (58
                                                    Authority: 42 U.S.C. 7401 et seq.                    the Internet and will be publicly                      FR 8452). Section 182(c)(1) also
                                                                                                         available only in hard copy form.                      required states to submit SIP revisions
                                                Subpart VV—Virginia                                                                                             providing for enhanced monitoring for
                                                                                                         Publicly available docket materials are
                                                § 52.2420    [Amended]                                   available through http://                              such areas consistent with the PAMS
                                                                                                         www.regulations.gov, or please contact                 regulation.
                                                ■  2. In § 52.2420, the table in paragraph                                                                         On November 10, 1993, the California
                                                                                                         the person identified in the FOR FURTHER
                                                (c) is amended by:                                                                                              Air Resources Board (CARB) submitted
                                                                                                         INFORMATION CONTACT section for
                                                ■ a. Removing the section entitled ‘‘Part                                                                       to the EPA a SIP revision for PAMS
                                                                                                         additional availability information.
                                                II NOX Annual Trading Program’’,                                                                                networks in California (‘‘California
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                including ‘‘Article 1’’ through ‘‘Article                                                                       PAMS SIP revision’’). The California
                                                9’’ including entries ‘‘5–140–1010’’                     Doris Lo, EPA Region IX, (415) 972–                    PAMS SIP revision consists of PAMS
                                                through ‘‘5–140–1880’’;                                  3959, lo.doris@epa.gov.                                commitments from five California air
                                                ■ b. Removing the section entitled ‘‘Part                SUPPLEMENTARY INFORMATION:                             districts with jurisdiction within the six
                                                III NOX Ozone Season Trading                             Throughout this document, ‘‘we,’’ ‘‘us,’’              relevant ozone nonattainment areas: The
                                                Program’’, including ‘‘Article 1’’ through               and ‘‘our’’ refer to the EPA.                          South Coast Air Quality Management
                                                ‘‘Article 9’’ including entries ‘‘5–140–                 Table of Contents                                      District (AQMD) (for South Coast and
                                                2010’’ through ‘‘5–140–2880’’; and;                                                                             Southeast Desert areas); Sacramento
                                                                                                         I. Proposed Action                                     Metro AQMD (for the Sacramento Metro
                                                ■ c. Removing the section entitled ‘‘Part
                                                                                                         II. Public Comments
                                                IV SO2 Annual Trading Program’’,                         III. Final Action
                                                                                                                                                                area); San Diego County Air Pollution
                                                including ‘‘Article 1’’ through ‘‘Article                IV. Statutory and Executive Order Reviews              Control District (APCD) (for the San
                                                9’’ including entries ‘‘5–140–3010’’                                                                            Diego County area); San Joaquin Valley
                                                through ‘‘5–140–3880’’.                                  I. Proposed Action                                     Unified APCD (for the San Joaquin
                                                [FR Doc. 2017–20724 Filed 9–27–17; 8:45 am]                 On August 2, 2017 (82 FR 35922), we                 Valley area), and Ventura County APCD
                                                BILLING CODE 6560–50–P                                   proposed to approve a SIP revision                     (for the Ventura County area), as well as
                                                                                                         submitted by the State of California on                CARB Executive Orders approving the
                                                                                                         November 10, 1993. Herein, we refer to                 commitments, and public process
                                                ENVIRONMENTAL PROTECTION                                 our proposed action on August 2, 2017,                 documentation. The California PAMS
                                                AGENCY                                                   as the ‘‘proposed rule.’’                              SIP revision is intended to meet the
                                                                                                            In our proposed rule, we provided a                 requirements of section 182(c)(1) of the
                                                40 CFR Part 52                                           discussion of the regulatory context                   Act and to comply with the PAMS
                                                                                                         leading to the SIP revision submitted by               regulation, codified at 40 CFR part 58,
                                                [EPA–R09–OAR–2017–0411; FRL–9968–38–                                                                            as promulgated on February 12, 1993.
                                                Region 9]
                                                                                                         California on November 10, 1993. In
                                                                                                         short, the Clean Air Act (CAA or ‘‘Act’’),                In our proposed rule, we identified
                                                Approval and Promulgation of                             as amended in 1990, required the EPA                   the criteria we used to review the
                                                Implementation Plans; Enhanced                           to designate as nonattainment, and to                  California PAMS SIP revision submittal
                                                Monitoring; California                                   classify as Marginal, Moderate, Serious,               and provided our evaluation and
                                                                                                         Severe or Extreme, any ozone areas that                rationale for proposed approval. We
                                                AGENCY:  Environmental Protection                        were still designated nonattainment                    determined that California’s PAMS SIP
                                                Agency (EPA).                                            under the 1977 Act Amendments, and                     revision meets all applicable
jstallworth on DSKBBY8HB2PROD with RULES




                                                ACTION: Final rule.                                      any other areas violating the 1-hour                   requirements: (1) By first committing to,
                                                                                                         ozone standard, generally based on air                 and then by implementing, PAMS
                                                SUMMARY:   The Environmental Protection                  quality monitoring data from the 1987                  networks as required in 40 CFR part 58;
                                                Agency (EPA) is taking final action to                   through 1989 period.1 Within                           and (2) by providing the public with an
                                                approve a State Implementation Plan                                                                             opportunity to inspect the proposed
                                                (SIP) revision submitted by the State of                   1 See section 107(d)(4) of the Act. See also 56 FR

                                                California on November 10, 1993. This                    56694, November 6, 1991.                                2 See   56 FR 56694, November 6, 1991.



                                           VerDate Sep<11>2014    14:07 Sep 27, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\28SER1.SGM    28SER1


                                                45192            Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations

                                                network description during the public                       • is certified as not having a                     this action must be filed in the United
                                                review process for the proposed SIP                      significant economic impact on a                      States Court of Appeals for the
                                                revision prior to forwarding the adopted                 substantial number of small entities                  appropriate circuit by November 27,
                                                version to CARB for approval and                         under the Regulatory Flexibility Act (5               2017. Filing a petition for
                                                submittal to the EPA as a revision to the                U.S.C. 601 et seq.);                                  reconsideration by the Administrator of
                                                California SIP. As such, in our proposed                    • does not contain any unfunded                    this final rule does not affect the finality
                                                rule, we proposed to approve the                         mandate or significantly or uniquely                  of this rule for the purposes of judicial
                                                California PAMS SIP revision submitted                   affect small governments, as described                review nor does it extend the time
                                                by CARB on November 10, 1993, as part                    in the Unfunded Mandates Reform Act
                                                                                                                                                               within which a petition for judicial
                                                of the California SIP.                                   of 1995 (Pub. L. 104–4);
                                                                                                            • does not have federalism                         review may be filed, and shall not
                                                  Please see our proposed rule for
                                                                                                         implications as specified in Executive                postpone the effectiveness of such rule
                                                additional background information and
                                                                                                         Order 13132 (64 FR 43255, August 10,                  or action. This action may not be
                                                a more detailed evaluation of the SIP
                                                revision and explanation of our basis for                1999);                                                challenged later in proceedings to
                                                approval.                                                   • is not an economically significant               enforce its requirements (see section
                                                                                                         regulatory action based on health or                  307(b)(2)).
                                                II. Public Comments                                      safety risks subject to Executive Order
                                                                                                                                                               List of Subjects in 40 CFR Part 52
                                                   The EPA’s proposed action on August                   13045 (62 FR 19885, April 23, 1997);
                                                2, 2017, provided a 30-day public                           • is not a significant regulatory action             Environmental protection, Air
                                                comment period ending on September                       subject to Executive Order 13211 (66 FR               pollution control, Incorporation by
                                                1, 2017. We received no comments on                      28355, May 22, 2001);                                 reference, Intergovernmental relations,
                                                our proposed action.                                        • is not subject to requirements of
                                                                                                                                                               Nitrogen dioxide, Ozone, Reporting and
                                                                                                         Section 12(d) of the National
                                                III. Final Action                                                                                              recordkeeping requirements, Volatile
                                                                                                         Technology Transfer and Advancement
                                                                                                                                                               organic compounds.
                                                   Under CAA section 110(k)(3) and for                   Act of 1995 (15 U.S.C. 272 note) because
                                                the reasons set forth in our proposed                    application of those requirements would                   Authority: 42 U.S.C. 7401 et seq.
                                                rule and summarized above, the EPA is                    be inconsistent with the Clean Air Act;                 Dated: September 15, 2017.
                                                taking final action to approve the                       and
                                                                                                                                                               Deborah Jordan,
                                                California PAMS SIP revision submitted                      • does not provide the EPA with the
                                                on November 10, 1993, for the following                  discretionary authority to address, as                Acting Regional Administrator, Region IX.
                                                six ozone nonattainment areas in                         appropriate, disproportionate human
                                                                                                                                                                 Chapter I, title 40 of the Code of
                                                California: South Coast, Sacramento                      health or environmental effects, using
                                                                                                                                                               Federal Regulations is amended as
                                                Metro, San Diego County, San Joaquin                     practicable and legally permissible
                                                                                                                                                               follows:
                                                Valley, Southeast Desert, and Ventura                    methods, under Executive Order 12898
                                                County. We are taking this final action                  (59 FR 7629, February 16, 1994).                      PART 52—APPROVAL AND
                                                based on our conclusion that the                            In addition, the SIP is not approved
                                                                                                                                                               PROMULGATION OF
                                                California PAMS SIP revision meets all                   to apply on any Indian reservation land
                                                                                                         or in any other area where the EPA or                 IMPLEMENTATION PLANS
                                                applicable requirements for enhanced
                                                ambient pollutant concentration                          an Indian tribe has demonstrated that a
                                                                                                         tribe has jurisdiction. In those areas of             ■ 1. The authority citation for part 52
                                                monitoring under CAA section 182(c)(1)
                                                and our PAMS regulation.                                 Indian country, the action does not have              continues to read as follows:
                                                                                                         tribal implications and will not impose                   Authority: 42 U.S.C. 7401 et seq.
                                                IV. Statutory and Executive Order                        substantial direct costs on tribal
                                                Reviews                                                  governments or preempt tribal law as                  Subpart F—California
                                                  Under the Clean Air Act, the                           specified by Executive Order 13175 (65
                                                Administrator is required to approve a                   FR 67249, November 9, 2000).                          ■ 2. Section 52.220 is amended by
                                                SIP submission that complies with the                       The Congressional Review Act, 5                    adding paragraph (c)(495) to read as
                                                provisions of the Act and applicable                     U.S.C. 801 et seq., as added by the Small             follows:
                                                federal regulations. 42 U.S.C. 7410(k);                  Business Regulatory Enforcement
                                                40 CFR 52.02(a). Thus, in reviewing SIP                  Fairness Act of 1996, generally provides              § 52.220    Identification of plan—in part.
                                                submissions, the EPA’s role is to                        that before a rule may take effect, the               *      *    *    *     *
                                                approve state choices, provided that                     agency promulgating the rule must
                                                                                                         submit a rule report, which includes a                  (c) * * *
                                                they meet the criteria of the Clean Air
                                                Act. Accordingly, this action merely                     copy of the rule, to each House of the                  (495) The following plan was
                                                approves a state plan as meeting federal                 Congress and to the Comptroller General               submitted on November 10, 1993 by the
                                                requirements and does not impose                         of the United States. The EPA will                    Governor’s designee.
                                                additional requirements beyond those                     submit a report containing this action                  (i) [Reserved]
                                                imposed by state law. For that reason,                   and other required information to the
                                                                                                         U.S. Senate, the U.S. House of                          (ii) Additional material.
                                                this action:
                                                  • Is not a significant regulatory action               Representatives, and the Comptroller                    (A) California Air Resources Board.
                                                subject to review by the Office of                       General of the United States prior to                   (1) Letter and attachments from James
                                                Management and Budget under                              publication of the rule in the Federal                D. Boyd, Executive Officer, California
jstallworth on DSKBBY8HB2PROD with RULES




                                                Executive Orders 12866 (58 FR 51735,                     Register. A major rule cannot take effect             Air Resources Board, to Felicia Marcus,
                                                October 4, 1993) and 13563 (76 FR 3821,                  until 60 days after it is published in the            Regional Administrator, EPA Region IX,
                                                January 21, 2011);                                       Federal Register. This action is not a                November 10, 1993.
                                                  • does not impose an information                       ‘‘major rule’’ as defined by 5 U.S.C.
                                                collection burden under the provisions                   804(2).                                               *      *    *    *     *
                                                of the Paperwork Reduction Act (44                          Under section 307(b)(1) of the Clean               [FR Doc. 2017–20722 Filed 9–27–17; 8:45 am]
                                                U.S.C. 3501 et seq.);                                    Air Act, petitions for judicial review of             BILLING CODE 6560–50–P




                                           VerDate Sep<11>2014    14:07 Sep 27, 2017   Jkt 241001   PO 00000   Frm 00020   Fmt 4700   Sfmt 9990   E:\FR\FM\28SER1.SGM   28SER1



Document Created: 2017-09-28 01:32:44
Document Modified: 2017-09-28 01:32:44
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 is effective October 30, 2017.
ContactDoris Lo, EPA Region IX, (415) 972- 3959, [email protected]
FR Citation82 FR 45191 
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