82 FR 57133 - Revisions to California State Implementation Plan; Bay Area Air Quality Management District; Emission Reduction Credit Banking
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 231 (December 4, 2017)
Federal Register Volume 82, Issue 231 (December 4, 2017)
| Page Range | 57133-57135 | |
| FR Document | 2017-25927 |
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)] [Rules and Regulations] [Pages 57133-57135] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25927] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0130; FRL-9970-68-Region 9] Revisions to California State Implementation Plan; Bay Area Air Quality Management District; Emission Reduction Credit Banking AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing action on a revision to the Bay Area Air Quality Management District (BAAQMD or District) portion of the California State Implementation Plan (SIP). We are finalizing a conditional approval of one rule. This revision consists of updates to provisions governing the issuance and banking of Emission Reduction Credits for use in the review and permitting of major sources and major modifications under part D of title I of the Clean Air Act (CAA). DATES: This rule will be effective on January 3, 2018. ADDRESSES: The EPA has established a docket for this action under Docket No. EPA-R09-OAR-2017-0130. 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., 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: Laura Yannayon, EPA Region 9, (415) 972-3534, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' refer to 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 September 14, 2017 (82 FR 43202), the EPA proposed a conditional approval of the following rule that was submitted for incorporation into the BAAQMD portion of the California SIP. [[Page 57134]] Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Adopted/ Regulation and rule No. Rule title amended Submitted ---------------------------------------------------------------------------------------------------------------- Regulation 2, Rule 4 (Rule 2-4)............... Permits, Emissions Banking...... 12/19/12 4/22/13 ---------------------------------------------------------------------------------------------------------------- We proposed a conditional approval of Regulation 2, Rule 4 because we determined that, separate from the deficiencies listed in Section II.B of our proposed rulemaking action, the rule: ensures that issued ERCs will meet the criteria laid out in 40 CFR 51.165(a)(3)(ii)(C)(1)(i) at the time of ERC issuance; satisfies the requirements of 40 CFR 51.165(a)(3)(i); satisfies the applicable requirements found in EPA's Emissions Trading Policy Statement; and satisfies the requirements of 40 CFR 51.165(a)(3)(ii)(C)(1)(ii), which requires pre-base year shutdown credits to be explicitly added back in to the most recent applicable air quality plans. Moreover, we concluded that if the District submits the changes it committed to submit in its August 28, 2017 commitment letter, the identified deficiencies will be cured. 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 sections 110(k)(4) and 301(a) of the Act, the EPA is finalizing conditional approval of Regulation 2, Rule 4 into the BAAQMD portion of the California SIP. If the State meets its commitment to submit the required measures, the revisions to Rule 2-4 will remain a part of the SIP until EPA takes final action approving or disapproving the new SIP revisions. However, if the State fails to submit these revisions within the required timeframe, the conditional approval will automatically become a disapproval, and EPA will issue a finding of disapproval. EPA is not required to propose the finding of disapproval. There are no sanctions or Federal Implementation Plan (FIP) implications should the conditional approval become a disapproval. Sanctions would not be imposed under CAA section 179(b) because the submittal of Rule 2-4 is discretionary (i.e., not required to be included in the SIP). See ETPS, 51 FR 43,813 at 43,825 (``[S]tates are by no means required to adopt banking procedures, but . . . banks may help states and communities realize important planning and environmental benefits.''). A FIP would not be imposed under CAA section 110(c)(1) because the disapproval does not reveal a deficiency in the SIP that such a FIP must correct. Specifically: (1) The deficiencies identified herein do not impact or undermine the requirement that offsets satisfy the requirements of 40 CFR 51.165, including the requirement that offsets must satisfy the offset integrity criteria enumerated in 40 CFR 51.165(a)(3)(ii)(C)(1)(i) at the time of use; and (2) Rule 2-4 is not a required CAA submittal because states and air districts have the discretion, but are not required, to adopt banking rules. This final action will incorporate the submitted rule into the SIP, including those provisions identified as deficient. In addition, because we are finalizing our proposed action, we are removing existing Regulation 2, Rule 4 from the BAAQMD portion of the California 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 BAAQMD Regulation 2, Rule 4 (Permits, Emissions Banking), as described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, this document generally available electronically through www.regulations.gov and in hard copy at the U.S. Environmental Protection Agency, Region IX (Air-3), 75 Hawthorne Street, San Francisco, CA 94105-3901. V. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because 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, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern [[Page 57135]] environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA lacks the discretionary authority to address environmental justice in this rulemaking. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). L. Petitions for Judicial Review 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 February 2, 2018. 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, New Source Review, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: October 31, 2017. Deborah Jordan, 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)(199)(i)(A)(10) and (c)(429)(i)(E)(3) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (199) * * * (i) * * * (A) * * * (10) Previously approved on January 26, 1999 in paragraph (c)(199)(i)(A)(8) of this section and now deleted with replacement in (c)(429)(i)(E)(3), Regulation 2, Rule 4 adopted on June 15, 1994. * * * * * (429) * * * (i) * * * (E) * * * (3) Regulation 2, ``Permits,'' Rule 4, ``Emissions Banking,'' adopted on December 19, 2012. * * * * * 0 3. Section 52.248 is amended by adding paragraph (c) to read as follows: Sec. 52.248 Identification of plan--conditional approval. * * * * * (c) The EPA is conditionally approving a California State Implementation Plan (SIP) revision submitted on April 22, 2013, updating Regulation 2--Permits, Rule 4--Emissions Banking. The conditional approval is based on a commitment from the State to submit a SIP revision that will correct the identified deficiencies in this rule. If the State fails to meet its commitment by November 1, 2018, the conditional approval is treated as a disapproval. [FR Doc. 2017-25927 Filed 12-1-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations 57133
be challenged later in proceedings to Dated: November 15, 2017. Subpart N—Idaho
enforce its requirements. (See section Michelle L. Pirzadeh,
307(b)(2)). Acting Regional Administrator, Region 10. ■ 2. In § 52.670, the table in paragraph
(e) is amended by:
List of Subjects in 40 CFR Part 52 For the reasons set forth in the ■ a. Revising the entry entitled ‘‘Idaho
preamble, 40 CFR part 52 is amended as State Board SIP Revision; Executive
Environmental protection, Air
follows: Order 2013–06; dated June 26, 2013’’.
pollution control, Carbon monoxide,
■ b. Adding an entry at the end of the
Incorporation by reference, table for ‘‘Section 110(a)(2)
PART 52—APPROVAL AND
Intergovernmental relations, Lead, Infrastructure Requirements—2012
PROMULGATION OF
Nitrogen dioxide, Ozone, Particulate PM2.5 NAAQS’’.
IMPLEMENTATION PLANS
matter, Reporting and recordkeeping The revision and addition read as
requirements, Sulfur oxides, Volatile follows:
■ 1. The authority citation for part 52
organic compounds.
continues to read as follows: § 52.670 Identification of plan.
Authority: 42 U.S.C. 7401 et seq. * * * * *
(e) * * *
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable geographic State submittal
Name of SIP provision EPA approval date Comments
or nonattainment area date
* * * * * * *
Chapter VIII—Nonattainment Area Plans
* * * * * * *
Idaho State Board SIP State-wide .................... 9/16/2013 10/24/2013, 78 FR To satisfy the requirements of CAA section
Revision; Executive 63394. 128(a)(1) and CAA section 110(a)(2)(E)(ii) for
Order 2013–06; dated all criteria pollutants. Renewed on December
June 26, 2013. 14, 2016, expiring December 14, 2020, un-
less renewed by subsequent Executive
Order. See Executive Order 2016–07.
* * * * * * *
Section 110(a)(2) Infra- State-wide .................... 12/23/2015 12/4/2017, [insert Fed- Approves SIP for purposes of CAA sections
structure Require- eral Register cita- 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E),
ments—2012 PM2.5 tion]. (F), (G), (H), (J), (K), (L), and (M) for the
NAAQS. 2012 PM2.5 NAAQS.
[FR Doc. 2017–25930 Filed 12–1–17; 8:45 am] finalizing a conditional approval of one www.regulations.gov, or please contact
BILLING CODE 6560–50–P rule. This revision consists of updates to the person identified in the FOR FURTHER
provisions governing the issuance and INFORMATION CONTACT section for
banking of Emission Reduction Credits additional availability information.
ENVIRONMENTAL PROTECTION for use in the review and permitting of
AGENCY FOR FURTHER INFORMATION CONTACT:
major sources and major modifications
under part D of title I of the Clean Air Laura Yannayon, EPA Region 9, (415)
40 CFR Part 52 Act (CAA). 972–3534, yannayon.laura@epa.gov.
[EPA–R09–OAR–2017–0130; FRL–9970–68- DATES: This rule will be effective on SUPPLEMENTARY INFORMATION:
Region 9] January 3, 2018. Throughout this document, the terms
ADDRESSES: The EPA has established a ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Revisions to California State docket for this action under Docket No.
Implementation Plan; Bay Area Air Table of Contents
EPA–R09–OAR–2017–0130. All
Quality Management District; Emission documents in the docket are listed on I. Proposed Action
Reduction Credit Banking the http://www.regulations.gov Web II. Public Comments and EPA Responses
AGENCY: Environmental Protection site. Although listed in the index, some III. EPA Action
information is not publicly available, IV. Incorporation by Reference
Agency (EPA).
e.g., CBI or other information whose V. Statutory and Executive Order Reviews
ACTION: Final rule.
disclosure is restricted by statute. I. Proposed Action
SUMMARY: The Environmental Protection Certain other material, such as
ethrower on DSK3G9T082PROD with RULES
Agency (EPA) is finalizing action on a copyrighted material, is not placed on On September 14, 2017 (82 FR 43202),
revision to the Bay Area Air Quality the Internet and will be publicly the EPA proposed a conditional
Management District (BAAQMD or available only in hard copy form. approval of the following rule that was
District) portion of the California State Publicly available docket materials are submitted for incorporation into the
Implementation Plan (SIP). We are available through http:// BAAQMD portion of the California SIP.
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![57134 Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations
TABLE 1—SUBMITTED RULE
Adopted/
Regulation and rule No. Rule title Submitted
amended
Regulation 2, Rule 4 (Rule 2–4) .................................. Permits, Emissions Banking ......................................... 12/19/12 4/22/13
We proposed a conditional approval benefits.’’). A FIP would not be imposed B. Paperwork Reduction Act (PRA)
of Regulation 2, Rule 4 because we under CAA section 110(c)(1) because This action does not impose an
determined that, separate from the the disapproval does not reveal a information collection burden under the
deficiencies listed in Section II.B of our deficiency in the SIP that such a FIP PRA because this action does not
proposed rulemaking action, the rule: must correct. Specifically: (1) The impose additional requirements beyond
ensures that issued ERCs will meet the deficiencies identified herein do not those imposed by state law.
criteria laid out in 40 CFR impact or undermine the requirement
51.165(a)(3)(ii)(C)(1)(i) at the time of that offsets satisfy the requirements of C. Regulatory Flexibility Act (RFA)
ERC issuance; satisfies the requirements 40 CFR 51.165, including the I certify that this action will not have
of 40 CFR 51.165(a)(3)(i); satisfies the requirement that offsets must satisfy the a significant economic impact on a
applicable requirements found in EPA’s offset integrity criteria enumerated in 40 substantial number of small entities
Emissions Trading Policy Statement; CFR 51.165(a)(3)(ii)(C)(1)(i) at the time under the RFA. This action will not
and satisfies the requirements of 40 CFR impose any requirements on small
of use; and (2) Rule 2–4 is not a required
51.165(a)(3)(ii)(C)(1)(ii), which requires entities beyond those imposed by state
CAA submittal because states and air
pre-base year shutdown credits to be law.
districts have the discretion, but are not
explicitly added back in to the most
recent applicable air quality plans. required, to adopt banking rules. This D. Unfunded Mandates Reform Act
Moreover, we concluded that if the final action will incorporate the (UMRA)
District submits the changes it submitted rule into the SIP, including This action does not contain any
committed to submit in its August 28, those provisions identified as deficient. unfunded mandate as described in
2017 commitment letter, the identified In addition, because we are finalizing UMRA, 2 U.S.C. 1531–1538, and does
deficiencies will be cured. our proposed action, we are removing not significantly or uniquely affect small
II. Public Comments and EPA existing Regulation 2, Rule 4 from the governments. This action does not
Responses BAAQMD portion of the California SIP. impose additional requirements beyond
those imposed by state law.
The EPA’s proposed action provided IV. Incorporation by Reference Accordingly, no additional costs to
a 30-day public comment period. During State, local, or tribal governments, or to
this period, we received no comments. In this rule, the EPA is finalizing
regulatory text that includes the private sector, will result from this
III. EPA Action incorporation by reference. In action.
No comments were submitted. accordance with requirements of 1 CFR E. Executive Order 13132: Federalism
Therefore, as authorized in sections 51.5, the EPA is finalizing the This action does not have federalism
110(k)(4) and 301(a) of the Act, the EPA incorporation by reference of BAAQMD implications. It will not have substantial
is finalizing conditional approval of Regulation 2, Rule 4 (Permits, Emissions direct effects on the states, on the
Regulation 2, Rule 4 into the BAAQMD Banking), as described in the relationship between the national
portion of the California SIP. If the State amendments to 40 CFR part 52 set forth government and the states, or on the
meets its commitment to submit the below. The EPA has made, and will distribution of power and
required measures, the revisions to Rule continue to make, this document responsibilities among the various
2–4 will remain a part of the SIP until generally available electronically levels of government.
EPA takes final action approving or through www.regulations.gov and in
disapproving the new SIP revisions. hard copy at the U.S. Environmental F. Executive Order 13175: Coordination
However, if the State fails to submit Protection Agency, Region IX (Air–3), With Indian Tribal Governments
these revisions within the required 75 Hawthorne Street, San Francisco, CA This action does not have tribal
timeframe, the conditional approval will 94105–3901. implications, as specified in Executive
automatically become a disapproval, Order 13175, because the SIP is not
and EPA will issue a finding of V. Statutory and Executive Order approved to apply on any Indian
disapproval. EPA is not required to Reviews reservation land or in any other area
propose the finding of disapproval. Additional information about these where the EPA or an Indian tribe has
There are no sanctions or Federal demonstrated that a tribe has
statutes and Executive Orders can be
Implementation Plan (FIP) implications jurisdiction, and will not impose
found at http://www2.epa.gov/laws-
should the conditional approval become substantial direct costs on tribal
a disapproval. Sanctions would not be regulations/laws-and-executive-orders.
governments or preempt tribal law.
imposed under CAA section 179(b) A. Executive Order 12866: Regulatory Thus, Executive Order 13175 does not
because the submittal of Rule 2–4 is Planning and Review and Executive apply to this action.
discretionary (i.e., not required to be
ethrower on DSK3G9T082PROD with RULES
Order 13563: Improving Regulation and
included in the SIP). See ETPS, 51 FR G. Executive Order 13045: Protection of
Regulatory Review
43,813 at 43,825 (‘‘[S]tates are by no Children From Environmental Health
means required to adopt banking This action is not a significant Risks and Safety Risks
procedures, but . . . banks may help regulatory action and was therefore not The EPA interprets Executive Order
states and communities realize submitted to the Office of Management 13045 as applying only to those
important planning and environmental and Budget (OMB) for review. regulatory actions that concern
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![Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations 57135
environmental health or safety risks that reference, Intergovernmental relations, ENVIRONMENTAL PROTECTION
the EPA has reason to believe may New Source Review, Ozone, Particulate AGENCY
disproportionately affect children, per matter, Reporting and recordkeeping
the definition of ‘‘covered regulatory requirements, Volatile organic 40 CFR Part 174
action’’ in section 2–202 of the compounds. [EPA–HQ–OPP–2017–0113; FRL–9970–43]
Executive Order. This action is not Authority: 42 U.S.C. 7401 et seq.
subject to Executive Order 13045 Bacillus thuringiensis Cry14Ab–1
because it does not impose additional Dated: October 31, 2017.
Protein in or on Soybean; Temporary
requirements beyond those imposed by Deborah Jordan,
Exemption From the Requirement of a
state law. Acting Regional Administrator, Region IX. Tolerance
H. Executive Order 13211: Actions That Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as AGENCY: Environmental Protection
Significantly Affect Energy Supply, Agency (EPA).
Distribution, or Use follows:
ACTION: Final rule.
This action is not subject to Executive PART 52—APPROVAL AND
Order 13211, because it is not a PROMULGATION OF SUMMARY: This regulation establishes a
significant regulatory action under IMPLEMENTATION PLANS temporary exemption from the
Executive Order 12866. requirement of a tolerance for residues
■ 1. The authority citation for part 52 of the Bacillus thuringiensis Cry14Ab–1
I. National Technology Transfer and continues to read as follows: protein in or on soybean, when used as
Advancement Act (NTTAA) a plant-incorporated protectant (PIP) in
Authority: 42 U.S.C. 7401 et seq.
Section 12(d) of the NTTAA directs soybean plants, in accordance with the
the EPA to use voluntary consensus Subpart F—California terms of Experimental Use Permit (EUP)
standards in its regulatory activities No. 264–EUP–151. Bayer CropScience
unless to do so would be inconsistent ■ 2. Section 52.220 is amended by LP., submitted a petition to EPA under
with applicable law or otherwise adding paragraphs (c)(199)(i)(A)(10) and the Federal Food, Drug, and Cosmetic
impractical. The EPA believes that this (c)(429)(i)(E)(3) to read as follows: Act (FFDCA), requesting the temporary
action is not subject to the requirements tolerance exemption. This regulation
§ 52.220 Identification of plan—in part.
of section 12(d) of the NTTAA because eliminates the need under FFDCA to
application of those requirements would * * * * * establish a maximum permissible level
(c) * * * for residues of Cry14Ab–1 protein. The
be inconsistent with the CAA. (199) * * *
temporary tolerance exemption expires
J. Executive Order 12898: Federal (i) * * *
(A) * * * on April 1, 2020.
Actions To Address Environmental
(10) Previously approved on January DATES: This regulation is effective
Justice in Minority Populations and
Low-Income Populations 26, 1999 in paragraph (c)(199)(i)(A)(8) of December 4, 2017. Objections and
this section and now deleted with requests for hearings must be received
The EPA lacks the discretionary replacement in (c)(429)(i)(E)(3), on or before February 2, 2018, and must
authority to address environmental Regulation 2, Rule 4 adopted on June be filed in accordance with the
justice in this rulemaking. 15, 1994. instructions provided in 40 CFR part
K. Congressional Review Act (CRA) * * * * * 178 (see also Unit I.C. of the
(429) * * * SUPPLEMENTARY INFORMATION).
This action is subject to the CRA, and
(i) * * * ADDRESSES: The docket for this action,
the EPA will submit a rule report to
(E) * * * identified by docket identification (ID)
each House of the Congress and to the
(3) Regulation 2, ‘‘Permits,’’ Rule 4, number EPA–HQ–OPP–2017–0113, is
Comptroller General of the United
‘‘Emissions Banking,’’ adopted on available at http://www.regulations.gov
States. This action is not a ‘‘major rule’’
December 19, 2012. or at the Office of Pesticide Programs
as defined by 5 U.S.C. 804(2).
* * * * * Regulatory Public Docket (OPP Docket)
L. Petitions for Judicial Review ■ 3. Section 52.248 is amended by in the Environmental Protection Agency
Under section 307(b)(1) of the Clean adding paragraph (c) to read as follows: Docket Center (EPA/DC), West William
Air Act, petitions for judicial review of Jefferson Clinton Bldg., Rm. 3334, 1301
§ 52.248 Identification of plan—conditional Constitution Ave. NW., Washington, DC
this action must be filed in the United approval.
States Court of Appeals for the 20460–0001. The Public Reading Room
appropriate circuit by February 2, 2018. * * * * * is open from 8:30 a.m. to 4:30 p.m.,
Filing a petition for reconsideration by (c) The EPA is conditionally Monday through Friday, excluding legal
the Administrator of this final rule does approving a California State holidays. The telephone number for the
not affect the finality of this rule for the Implementation Plan (SIP) revision Public Reading Room is (202) 566–1744,
purposes of judicial review nor does it submitted on April 22, 2013, updating and the telephone number for the OPP
extend the time within which a petition Regulation 2—Permits, Rule 4— Docket is (703) 305–5805. Please review
for judicial review may be filed, and Emissions Banking. The conditional the visitor instructions and additional
shall not postpone the effectiveness of approval is based on a commitment information about the docket available
such rule or action. This action may not from the State to submit a SIP revision at http://www.epa.gov/dockets.
that will correct the identified
ethrower on DSK3G9T082PROD with RULES
be challenged later in proceedings to FOR FURTHER INFORMATION CONTACT:
enforce its requirements (see section deficiencies in this rule. If the State fails Robert McNally, Biopesticides and
307(b)(2)). to meet its commitment by November 1, Pollution Prevention Division (7511P),
2018, the conditional approval is treated Office of Pesticide Programs,
List of Subjects in 40 CFR Part 52 as a disapproval. Environmental Protection Agency, 1200
Environmental protection, Air [FR Doc. 2017–25927 Filed 12–1–17; 8:45 am] Pennsylvania Ave. NW., Washington,
pollution control, Incorporation by BILLING CODE 6560–50–P DC 20460–0001; main telephone
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Document Created: 2017-12-02 00:40:45
Document Modified: 2017-12-02 00:40:45
| 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 will be effective on January 3, 2018. | |
| Contact | Laura Yannayon, EPA Region 9, (415) 972-3534, [email protected] | |
| FR Citation | 82 FR 57133 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; New Source Review; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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