82 FR 60119 - Approval of California Air Plan Revisions, Placer County and Ventura County Air Pollution Control Districts
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 242 (December 19, 2017)
Federal Register Volume 82, Issue 242 (December 19, 2017)
| Page Range | 60119-60121 | |
| FR Document | 2017-27216 |
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)] [Rules and Regulations] [Pages 60119-60121] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27216] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0332; FRL-9971-76-Region 9] Approval of California Air Plan Revisions, Placer County and Ventura County Air Pollution Control Districts 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) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NOX ) from incinerators in the PCAPCD and previously unregulated types of fuel burning equipment in the VCAPCD. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: These rules will be effective on January 18, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0332. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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: Kevin Gong, EPA Region IX, (415) 972- 3073, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On September 12, 2017 in 82 FR 42765, the EPA proposed to approve the following rules into the California SIP. [[Page 60120]] Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Adopted or Local agency Rule No. Rule title amended Submitted ---------------------------------------------------------------------------------------------------------------- PCAPCD.......................... 206................. Incinerator Burning..... 10/13/2016 01/24/2017 VCAPCD.......................... 74.34............... NOX Reductions from 12/13/2016 2/24/2017 Miscellaneous Sources. ---------------------------------------------------------------------------------------------------------------- We proposed to approve these rules because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. We received four comments during this period, all of which were supportive of our proposed approval of these rules. III. EPA Action No comments were submitted that change our assessment of the rules as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving these rules into 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 the PCAPCD and VCAPCD rules described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 (Public Law 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 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 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. 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 February 20, 2018. 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, Ozone, Particulate matter, Reporting and recordkeeping requirements. Dated: November 24, 2017. Alexis Strauss, 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. [[Page 60121]] Subpart F--California 0 2. Section 52.220 is amended by adding paragraphs (c)(41)(x)(J), (c)(497)(i)(B) and (c)(498) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (41) * * * (x) * * * (J) Previously approved on November 15, 1978 in paragraph (c)(41)(x)(A) of this section and now deleted with replacement in paragraph (c)(497)(i)(B)(1) of this section, Rule 206. * * * * * (497) * * * (i) * * * (B) Placer County Air Pollution Control District. (1) Rule 206, ``Incinerator Burning,'' amended on October 13, 2016. (498) New or amended regulations were submitted on February 24, 2017 by the Governor's designee. (i) Incorporation by Reference. (A) Ventura County Air Pollution Control District. (1) Rule 74.34, ``NO X Reductions from Miscellaneous Sources,'' adopted on December 13, 2016. [FR Doc. 2017-27216 Filed 12-18-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Rules and Regulations 60119
(3) Acceptable commercial or social available or offered for purchase ENVIRONMENTAL PROTECTION
images or text must not contain content through providers or otherwise. AGENCY
that the customer or provider does not (4) Disassociation from U.S. stamps.
have the right to use either directly or 40 CFR Part 52
Providers must not promote Customized
under license, including but not limited Postage products as ‘‘U.S. stamps’’ or [EPA–R09–OAR–2017–0332; FRL–9971–76–
to images or text that may be the subject Region 9]
make any representations tending to
of third party rights such as copyright,
imply that Customized Postage products
trademarks, or rights of publicity or Approval of California Air Plan
are related in any way to official U.S. Revisions, Placer County and Ventura
privacy.
(4) The Postal Service reserves the postage stamps or to any aspect of the County Air Pollution Control Districts
right to determine independently Postal Service philatelic program.
AGENCY: Environmental Protection
whether any image, text, or category of (5) Authorization fee and Eligibility
Agency (EPA).
images or text meets any of the Criteria audit. Providers must pay an
ACTION: Final rule.
Eligibility Criteria contained in this annual authorization fee and participate
section. in any audit conducted by the Postal SUMMARY: The Environmental Protection
(c) Customized Postage provider Service to ensure that the customer- Agency (EPA) is taking final action to
authorization is conditioned on the selected or -provided images or text approve revisions to the Placer County
following requirements: displayed on Customized Postage Air Pollution Control District (PCAPCD)
(1) Publication of Eligibility Criteria. products or in the promotion in any and Ventura County Air Pollution
Providers must make the Eligibility medium of Customized Postage Control District (VCAPCD) portions of
Criteria set forth in paragraph (b) of this products are in compliance with the the California State Implementation
section available to customers on Eligibility Guidelines set forth in Plan (SIP). These revisions concern
provider websites or in any other paragraph (b) of this section. emissions of oxides of nitrogen (NOX)
medium through which Customized from incinerators in the PCAPCD and
Postage products are purchased. (6) Individual authorization letters. previously unregulated types of fuel
(2) Use of Eligibility Criteria in Additional conditions and requirements burning equipment in the VCAPCD. We
purchases. Providers must maintain a for provider authorization may be set are approving local rules that regulate
process in providing or accepting forth in individual provider these emission sources under the Clean
images and/or text for Customized authorization letters. Air Act (CAA or the Act).
Postage products that uses only the (7) Suspension and revocation of DATES: These rules will be effective on
Eligibility Criteria set forth in paragraph Authorization. The Postal Service may January 18, 2018.
(b) of this section. suspend or revoke authorization to ADDRESSES: The EPA has established a
(i) Providers may not use any other produce Customized Postage products if docket for this action under Docket ID
eligibility criteria, represent the use of the provider engages in any unlawful No. EPA–R09–OAR–2017–0332. All
any other eligibility criteria to scheme or enterprise; fails to comply documents in the docket are listed on
customers, or otherwise give the with any provision in this part, or any the http://www.regulations.gov website.
appearance that any eligibility criteria provision in an individual approval Although listed in the index, some
other than the Eligibility Criteria set letter; fails to implement instructions information is not publicly available,
forth in paragraph (b) of this section is issued by the Postal Service within its e.g., Confidential Business Information
used in providing or accepting images or other information whose disclosure is
authority over Customized Postage
and/or text for Customized Postage restricted by statute. Certain other
products; misrepresents to customers of
products. material, such as copyrighted material,
the Postal Service any decisions,
(ii) In the event that full and good is not placed on the internet and will be
faith administration of the process actions, or proposed actions of the
Postal Service respecting its regulation publicly available only in hard copy
required by this paragraph (c)(2) of this form. Publicly available docket
section fails to determine eligibility of of Customized Postage products; or if
materials are available through http://
an individual image, text, or category of Customized Postage products or
www.regulations.gov, or please contact
images or text, providers may seek infrastructure of the provider is
the person identified in the FOR FURTHER
clarification from the Postal Service. determined to constitute an
INFORMATION CONTACT section for
(3) Use of Eligibility Criteria in unacceptable risk to Postal Service additional availability information.
promotional material. Providers must business interests, including legal,
FOR FURTHER INFORMATION CONTACT:
ensure that any images and/or text used financial, or brand interests.
Kevin Gong, EPA Region IX, (415) 972–
in providing or promoting Customized (8) Correspondence. The Postal 3073, Gong.Kevin@epa.gov.
Postage products, for individual sale or Service office responsible for SUPPLEMENTARY INFORMATION:
as part of a category of images and/or administration of this part is the Office Throughout this document, ‘‘we,’’ ‘‘us’’
text provided or made available for of Brand Marketing or its successor and ‘‘our’’ refer to the EPA.
customer selection, displayed on organization. All correspondence with
provider websites or in any medium, Table of Contents
the Postal Service required by this part
including without limitation exemplars,
is to be made to this office in person or I. Proposed Action
ordering templates, customization
via mail to 475 L’Enfant Plaza SW, II. Public Comments and EPA Responses
options, or customer correspondence:
Room 5117, Washington, DC 20260– III. EPA Action
sradovich on DSK3GMQ082PROD with RULES
(i) Are fully compatible with the IV. Incorporation by Reference
Eligibility Criteria set forth in paragraph 0004.
V. Statutory and Executive Order Reviews
(b) of this section; and Ruth B. Stevenson,
(ii) Do not give the appearance that I. Proposed Action
Attorney, Federal Compliance.
images that are not fully compatible [FR Doc. 2017–27241 Filed 12–18–17; 8:45 am]
On September 12, 2017 in 82 FR
with the Eligibility Criteria set forth in 42765, the EPA proposed to approve the
BILLING CODE 7710–12–P
paragraph (b) of this section are following rules into the California SIP.
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Subpart F—California other states. This action is being taken control of NO2 and SO2 emissions such
under the Clean Air Act. that the plan will meet the State’s
■ 2. Section 52.220 is amended by DATES: This rule is effective on January interstate transport obligations with
adding paragraphs (c)(41)(x)(J), 18, 2018. respect to those pollutants. The
(c)(497)(i)(B) and (c)(498) to read as commenter also described a potential
ADDRESSES: EPA has established a
follows: alternative approach for analyzing
docket for this action under Docket
whether a state’s emissions contribute to
§ 52.220 Identification of plan—in part. Identification No. EPA–R01–OAR–
nonattainment of the NAAQS in another
* * * * * 2017–0151. All documents in the docket
state, but noted that the alternative
(c) * * * are listed on the http://
approach is not extremely different from
(41) * * * www.regulations.gov website. Although
Rhode Island’s approach and that the
(x) * * * listed in the index, some information is
success of Rhode Island’s approach is
(J) Previously approved on November not publicly available, i.e., CBI or other
very obvious. The commenter suggested
15, 1978 in paragraph (c)(41)(x)(A) of information whose disclosure is
that a demonstration could be based on
this section and now deleted with restricted by statute. Certain other
analyzing only the emissions of all
replacement in paragraph material, such as copyrighted material,
states surrounding a state that is not
(c)(497)(i)(B)(1) of this section, Rule 206. is not placed on the internet and will be attaining the NAAQS. However,
publicly available only in hard copy pursuant to section 110(a)(1) of the
* * * * *
form. Publicly available docket CAA, all states are required to submit
(497) * * *
materials are available at http:// SIPs meeting the applicable
(i) * * *
www.regulations.gov or at the U.S. requirements of CAA section 110(a)(2)
(B) Placer County Air Pollution
Environmental Protection Agency, EPA within three years after promulgation of
Control District.
New England Regional Office, Office of a new or revised NAAQS, or within
(1) Rule 206, ‘‘Incinerator Burning,’’
Ecosystem Protection, Air Quality such shorter period as EPA may
amended on October 13, 2016.
Planning Unit, 5 Post Office Square— prescribe.1 Therefore, EPA cannot limit
(498) New or amended regulations
Suite 100, Boston, MA. EPA requests the demonstration required to meet
were submitted on February 24, 2017 by
that if at all possible, you contact the CAA section 110(a)(2)(D)(i)(I) to states
the Governor’s designee.
contact listed in the FOR FURTHER adjacent to another state with a
(i) Incorporation by Reference. (A)
INFORMATION CONTACT section to nonattainment area.
Ventura County Air Pollution Control
schedule your inspection. The Regional
District. III. Final Action
Office’s official hours of business are
(1) Rule 74.34, ‘‘NOX Reductions from
Monday through Friday, 8:30 a.m. to EPA is approving the October 15,
Miscellaneous Sources,’’ adopted on
4:30 p.m., excluding legal holidays. 2015 SIP submission from Rhode Island
December 13, 2016.
[FR Doc. 2017–27216 Filed 12–18–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: certifying that the State’s current SIP is
BILLING CODE 6560–50–P
Donald Dahl, (617) 918–1657; or by sufficient to meet the required
email at dahl.donald@epa.gov. infrastructure elements under CAA
SUPPLEMENTARY INFORMATION: section 110(a)(2)(D)(i)(I) for the 2010
ENVIRONMENTAL PROTECTION Throughout this document whenever SO2 and 2010 NO2 NAAQS.
AGENCY ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean IV. Statutory and Executive Order
EPA. Reviews
40 CFR Part 52
Table of Contents Under the Clean Air Act, the
[EPA–R01–OAR–2017–0151; FRL–9972–23– Administrator is required to approve a
Region 1] I. Background and Purpose
II. Response to Comments SIP submission that complies with the
III. Final Action provisions of the Act and applicable
Air Plan Approval; Rhode Island;
IV. Statutory and Executive Order Reviews Federal regulations. 42 U.S.C. 7410(k);
Infrastructure Requirement for the
40 CFR 52.02(a). Thus, in reviewing SIP
2010 Sulfur Dioxide and 2010 Nitrogen I. Background and Purpose submissions, EPA’s role is to approve
Dioxide National Ambient Air Quality
On August 30, 2017 (82 FR 41197), state choices, provided that they meet
Standards
EPA published a Notice of Proposed the criteria of the Clean Air Act.
AGENCY: Environmental Protection Rulemaking (NPR) for the State of Accordingly, this action merely
Agency. Rhode Island proposing to approve an approves state law as meeting Federal
ACTION: Final rule. October 15, 2015 SIP revision submitted requirements and does not impose
by the State of Rhode Island. The additional requirements beyond those
SUMMARY: The Environmental Protection specific requirements of this SIP imposed by state law. For that reason,
Agency (EPA) is approving a State element and the rationale for EPA’s this action:
Implementation Plan (SIP) revision proposed actions on the State’s • Is not a significant regulatory action
submitted by the State of Rhode Island. submittal is explained in the NPR and subject to review by the Office of
This revision addresses the interstate will not be restated here. Management and Budget under
transport requirements of the Clean Air Executive Orders 12866 (58 FR 51735,
Act (CAA), referred to as the good II. Response to Comments October 4, 1993) and 13563 (76 FR 3821,
neighbor provision, with respect to the The EPA received two comments on January 21, 2011);
sradovich on DSK3GMQ082PROD with RULES
2010 primary sulfur dioxide (SO2) and the NPR. One comment stated our • Does not impose an information
2010 primary nitrogen dioxide (NO2) action is a good regulation as it makes collection burden under the provisions
national ambient air quality standards communities conscious that our
1 This requirement applies to both primary and
(NAAQS). This action approves Rhode society’s actions have consequences on
secondary NAAQS, but EPA’s approval in this
Island’s demonstration that the State is the environment. notice applies only to the 2010 primary NAAQS for
meeting its obligations regarding the A second comment agreed that Rhode SO2 and NO2 because EPA did not establish in 2010
transport of SO2 and NO2 emissions into Island’s plan will result in sufficient a new secondary NAAQS for SO2 and NO2.
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Document Created: 2017-12-19 01:31:24
Document Modified: 2017-12-19 01:31:24
| 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 | These rules will be effective on January 18, 2018. | |
| Contact | Kevin Gong, EPA Region IX, (415) 972- 3073, [email protected] | |
| FR Citation | 82 FR 60119 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements |
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