82 FR 60348 - Approval of California Air Plan Revisions, San Diego County Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 243 (December 20, 2017)
Federal Register Volume 82, Issue 243 (December 20, 2017)
| Page Range | 60348-60350 | |
| FR Document | 2017-27432 |
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)] [Proposed Rules] [Pages 60348-60350] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27432] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0140; FRL-9972-31-Region 9] Approval of California Air Plan Revisions, San Diego County Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the San Diego County Air Pollution Control District (SDCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from polyester resin operations. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or ``the Act''), as well as a rule rescission. We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by January 19, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2017-0140 at http://www.regulations.gov, or via email to Doris Lo, Rulemaking Office Chief at [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, (415) 972-3024, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule and rule rescission? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule? B. Do the rule and rule rescission meet the evaluation criteria? C. The EPA's Recommendations to Further Improve the Rule D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State's Submittal A. What rules did the State submit? Table 1 lists the rules addressed by this action with the date that they were adopted and repealed by the local air agency and submitted by the California Air Resources Board (CARB). Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Adopted/ Repealed/ Local agency Rule No. Rule title amended rescinded Submitted ---------------------------------------------------------------------------------------------------------------- SDCAPCD....................... 67.12 Polyester Resin 5/15/1996 5/11/2016 8/22/16 Operations. SDCAPCD....................... 67.12.1 Polyester Resin 5/11/2016 .............. 8/22/16 Operations. ---------------------------------------------------------------------------------------------------------------- On September 27, 2016, the EPA determined that the submittals for SDCAPCD Rules 67.12 and 67.12.1 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal review by the EPA. B. Are there other versions of these rules? There are no previous versions of Rule 67.12.1 in the SIP. We approved Rule 67.12 on March 27, 1997 (62 FR 14639). C. What is the purpose of the submitted rule and rule rescission? VOCs help produce ground-level ozone, smog and particulate matter, which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control VOC emissions. Rule 67.12.1, and the rescinded Rule 67.12, control VOCs emitted from polyester resin [[Page 60349]] operations. The EPA's technical support document (TSD) has more information about these rules. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rule? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). Generally, SIP rules must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each major source of VOCs in ozone nonattainment areas classified as Moderate or above (see CAA section 182(b)(2)). The SDCAPCD regulates an ozone nonattainment area classified as ``Moderate'' for the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) (40 CFR 81.305). Rule 67.12.1 regulates activities covered by the CTG titled ``Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials,'' EPA-453/R-08- 004, September 2008. However, none of the sources regulated by Rule 67.12.1 meet the applicability threshold for the Fiberglass Boat Manufacturing CTG. Guidance and policy documents that we use to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 1. ``State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990'' (57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992). 2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised January 11, 1990). 3. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 2001). 4. ``Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials,'' EPA-453/R-08-004, September 2008. B. Do the rule and rule rescission meet the evaluation criteria? This rule and rule rescission are consistent with the CAA requirements and relevant guidance regarding enforceability, RACT, and SIP relaxations. Based on information provided by the SDCAPCD, the District does not appear to have facilities that are subject to the fiberglass boat manufacturing CTG and therefore the District's RACT analysis for Rule 67.12.1 is not required to address the presumptive RACT limits included in the CTG.\1\ The TSD has more information on our evaluation. --------------------------------------------------------------------------- \1\ Email dated July 12, 2017, from Angela Ortega (SDCAPCD) to Arnold Lazarus (USEPA), RE: ``RE: Response to EPA regarding Rule 67.12.1 06_30_17 revised.docx'' with attachment. See Table 1. ``Summary of Total Emission Reduction.'' --------------------------------------------------------------------------- C. The EPA's Recommendations to Further Improve the Rule The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rule. We recommend the SDCAPCD consider adopting a negative declaration for the fiberglass boat manufacturing operations CTG since the District's data indicate it does not have facilities meeting the CTG's applicability threshold of 15 lb/day or 2.7 tpy. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule and rule rescission because they fulfill all relevant requirements. We will accept comments from the public on this proposal until January 19, 2018. If we take final action to approve the submitted rule and rule rescission, our final action will incorporate the rule and rule rescission into the federally enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the SDCAPCD rule described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials 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). 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 proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 (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 disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as [[Page 60350]] specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Volatile organic compounds, Particulate matter. Dated: December 5, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017-27432 Filed 12-19-17; 8:45 am] BILLING CODE 6560-50-P
![60348 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Proposed Rules
808–842–2600 and 808–842–2601; fax: ACTION: Proposed rule. FURTHER INFORMATION CONTACT section.
808–842–2642; or on VHF channel 16 For the full EPA public comment policy,
(156.8 Mhz) to request permission to SUMMARY: The Environmental Protection
information about CBI or multimedia
transit the safety zone. Agency (EPA) is proposing to approve
submissions, and general guidance on
(4) If permission is granted, all revisions to the San Diego County Air
Pollution Control District (SDCAPCD) making effective comments, please visit
persons and vessels must comply with http://www2.epa.gov/dockets/
the instructions of the COTP Honolulu, portion of the California State
Implementation Plan (SIP). These commenting-epa-dockets.
or his designated representative, and
proceed at the minimum speed revisions concern volatile organic FOR FURTHER INFORMATION CONTACT:
necessary to maintain a safe course compound (VOC) emissions from Arnold Lazarus, EPA Region IX, (415)
while transiting through or in the safety polyester resin operations. We are 972–3024, lazarus.arnold@epa.gov.
zone as well as maintain a safe distance proposing to approve a local rule to
regulate these emission sources under SUPPLEMENTARY INFORMATION:
from the lava hazards.
(5) The COTP Honolulu will provide the Clean Air Act (CAA or ‘‘the Act’’), Throughout this document, ‘‘we,’’ ‘‘us’’
notice of enforcement of the safety zone as well as a rule rescission. We are and ‘‘our’’ refer to the EPA.
described in this section by verbal radio taking comments on this proposal and
Table of Contents
broadcasts and written notice to plan to follow with a final action.
mariners. The Coast Guard vessels DATES: Any comments must arrive by I. The State’s Submittal
enforcing this section can be contacted January 19, 2018. A. What rules did the State submit?
on marine band radio VHF–FM channel ADDRESSES: Submit your comments, B. Are there other versions of these rules?
16 (156.8 MHZ). The COTP and his or identified by Docket ID No. EPA–R09– C. What is the purpose of the submitted
her designated representatives can be OAR–2017–0140 at http:// rule and rule rescission?
contacted at telephone number listed in www.regulations.gov, or via email to II. The EPA’s Evaluation and Action
(c)(3) of this section. Doris Lo, Rulemaking Office Chief at A. How is the EPA evaluating the rule?
(6) The Coast Guard may be assisted lo.doris@epa.gov. For comments B. Do the rule and rule rescission meet the
in the patrol and enforcement of the submitted at Regulations.gov, follow the evaluation criteria?
safety zone by Federal, State, and local online instructions for submitting C. The EPA’s Recommendations to Further
agencies. comments. Once submitted, comments Improve the Rule
cannot be removed or edited from D. Public Comment and Proposed Action
Dated: December 13, 2017.
Regulations.gov. For either manner of III. Incorporation by Reference
M.C. Long, IV. Statutory and Executive Order Reviews
Captain, U.S. Coast Guard, Captain of the submission, the EPA may publish any
Port Honolulu. comment received to its public docket. I. The State’s Submittal
[FR Doc. 2017–27297 Filed 12–19–17; 8:45 am]
Do not submit electronically any
information you consider to be A. What rules did the State submit?
BILLING CODE 9110–04–P
Confidential Business Information (CBI)
or other information whose disclosure is Table 1 lists the rules addressed by
restricted by statute. Multimedia this action with the date that they were
ENVIRONMENTAL PROTECTION submissions (audio, video, etc.) must be adopted and repealed by the local air
AGENCY accompanied by a written comment. agency and submitted by the California
The written comment is considered the Air Resources Board (CARB).
40 CFR Part 52
official comment and should include
[EPA–R09–OAR–2017–0140; FRL–9972–31– discussion of all points you wish to
Region 9] make. The EPA will generally not
consider comments or comment
Approval of California Air Plan
contents located outside of the primary
Revisions, San Diego County Air
submission (i.e. on the web, cloud, or
Pollution Control District
other file sharing system). For
AGENCY: Environmental Protection additional submission methods, please
Agency (EPA). contact the person identified in the FOR
TABLE 1—SUBMITTED RULES
Adopted/ Repealed/
Local agency Rule No. Rule title Submitted
amended rescinded
SDCAPCD ........................................ 67.12 Polyester Resin Operations ............. 5/15/1996 5/11/2016 8/22/16
SDCAPCD ........................................ 67.12.1 Polyester Resin Operations ............. 5/11/2016 ........................ 8/22/16
On September 27, 2016, the EPA B. Are there other versions of these C. What is the purpose of the submitted
determined that the submittals for rules? rule and rule rescission?
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SDCAPCD Rules 67.12 and 67.12.1 met VOCs help produce ground-level
the completeness criteria in 40 CFR part There are no previous versions of
ozone, smog and particulate matter,
51 Appendix V, which must be met Rule 67.12.1 in the SIP. We approved
which harm human health and the
before formal review by the EPA. Rule 67.12 on March 27, 1997 (62 FR
environment. Section 110(a) of the CAA
14639). requires states to submit regulations that
control VOC emissions. Rule 67.12.1,
and the rescinded Rule 67.12, control
VOCs emitted from polyester resin
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![60350 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Proposed Rules
specified by Executive Order 13175 (65 418–0432. For detailed instructions for Order. First, we seek further comment
FR 67249, November 9, 2000). submitting comments and additional on issues related to exceptions to and
information on the rulemaking process, waivers of the local simulcasting
List of Subjects in 40 CFR Part 52
see the SUPPLEMENTARY INFORMATION requirement. Second, we seek comment
Environmental protection, Air section of this document. on whether we should let full power
pollution control, Incorporation by FOR FURTHER INFORMATION CONTACT: For broadcasters use channels in the
reference, Intergovernmental relations, additional information, contact Evan television broadcast band that are
Volatile organic compounds, Particulate Baranoff, Evan.Baranoff@fcc.gov, of the vacant to facilitate the transition to 3.0.
matter. Media Bureau, Policy Division, (202) Finally, we tentatively conclude that
Dated: December 5, 2017. 418–7142, or Matthew Hussey, local simulcasting should not change
Alexis Strauss, Matthew.Hussey@fcc.gov, of the Office the significantly viewed status of a Next
of Engineering and Technology, (202) Gen TV station.
Acting Regional Administrator, Region IX.
[FR Doc. 2017–27432 Filed 12–19–17; 8:45 am] 418–3619. Direct press inquiries to B. Discussion
BILLING CODE 6560–50–P
Janice Wise at (202) 418–8165. For
additional information concerning the 1. Local Simulcasting Waivers and
Paperwork Reduction Act information Exceptions
collection requirements contained in 2. Simulcast Waivers. In the Report
FEDERAL COMMUNICATIONS
this document, send an email to PRA@ and Order, we explain that we will
COMMISSION
fcc.gov or contact Cathy Williams at consider requests for waiver of our local
47 CFR Parts 15, 73, 74 and 76 (202) 418–2918. simulcasting requirement on a case-by-
SUPPLEMENTARY INFORMATION: This is a case basis, including (1) requests
[GN Docket No. 16–142; FCC 17–158] seeking to transition directly from 1.0 to
summary of the Commission’s Further
Notice of Proposed Rulemaking 3.0 service on the station’s existing
Authorizing Permissive Use of the
(FNPRM), FCC 17–158, adopted on facility without simulcasting in 1.0 and
‘‘Next Generation’’ Broadcast
November 16, 2017 and released on (2) requests to air a 1.0 simulcast
Television Standard
November 20, 2017. The full text of this channel from a host location that does
AGENCY: Federal Communications document is available electronically via not cover all or a portion of the station’s
Commission. the FCC’s Electronic Document community of license or from which the
ACTION: Proposed rule. Management System (EDOCS) website station can provide only a lower signal
at http://fjallfoss.fcc.gov/edocs_public/ threshold over the community than that
SUMMARY: In this document, we seek or via the FCC’s Electronic Comment required by the rules.1 With respect to
further comment on issues related to Filing System (ECFS) website at http:// such requests, we state: ‘‘We are
exceptions to and waivers of the local fjallfoss.fcc.gov/ecfs2/. (Documents will inclined to consider favorably requests
simulcasting requirement, whether we be available electronically in ASCII, for waiver of our local simulcasting
should let full power broadcasters use Microsoft Word, and/or Adobe Acrobat.) requirement where the Next Gen TV
channels in the television broadcast This document is also available for station can demonstrate that it has no
band that are vacant to facilitate the public inspection and copying during viable local simulcasting partner in its
transition to 3.0, and finally, we regular business hours in the FCC market and where the station agrees to
tentatively conclude that local Reference Information Center, which is make reasonable efforts to preserve 1.0
simulcasting should not change the located in Room CY–A257 at FCC service to existing viewers in its
significantly viewed status of a Next Headquarters, 445 12th Street SW, community of license and/or otherwise
Gen TV station. Washington, DC 20554. The Reference minimize the impact on such viewers
DATES: Comments are due on or before Information Center is open to the public (for example, by providing free or low
February 20, 2018; reply comments are Monday through Thursday from 8:00 cost ATSC 3.0 converters to viewers).’’
due on or before March 20, 2018. a.m. to 4:30 p.m. and Friday from 8:00 3. We seek comment on what further
ADDRESSES: You may submit comments, a.m. to 11:30 a.m. The complete text guidance we should provide about the
identified by GN Docket No. 16–142, by may be purchased from the circumstances in which we will grant a
any of the following methods: Commission’s copy contractor, 445 12th waiver of the local simulcasting
• Federal Communications Street SW, Room CY–B402, Washington, requirement. How should we determine
Commission’s website: http:// DC 20554. Alternative formats are if a station has a ‘‘viable’’ simulcast
www.fcc.gov/cgb/ecfs/. Follow the available for people with disabilities partner? Given that we specify in the
instructions for submitting comments. (Braille, large print, electronic files, Report and Order that a Next Gen TV
• Mail: Filings can be sent by hand or audio format), by sending an email to broadcaster’s 1.0 simulcast channel
messenger delivery, by commercial fcc504@fcc.gov or calling the must continue to cover its entire
overnight courier, or by first-class or Commission’s Consumer and community of license, should we
overnight U.S. Postal Service mail Governmental Affairs Bureau at (202) consider a station to have no viable
(although the Commission continues to 418–0530 (voice), (202) 418–0432 partner only if there is no potential
experience delays in receiving U.S. (TTY). simulcasting partner in the same DMA
Postal Service mail). All filings must be that can cover the station’s entire
addressed to the Commission’s Synopsis community of license? Alternatively,
ethrower on DSK3G9T082PROD with PROPOSALS
Secretary, Office of the Secretary, I. Further Notice of Proposed should we consider adopting a broader
Federal Communications Commission. Rulemaking definition of viability? For example,
• People With Disabilities: Contact should we specify that waiver
the FCC to request reasonable A. Introduction
1 The Commission may waive its rules if good
accommodations (accessible format 1. In this Further Notice of Proposed
cause is shown. See 47 CFR 1.3. We explain in the
documents, sign language interpreters, Rulemaking, we seek further comment Report and Order that we are not inclined to
CART, etc.) by email: FCC504@fcc.gov on three topics related to the rules consider favorably requests to change community of
or phone: (202) 418–0530 or TTY: (202) adopted in the companion Report and license solely to enable simulcasting.
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Document Created: 2018-10-25 10:57:14
Document Modified: 2018-10-25 10:57:14
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by January 19, 2018. | |
| Contact | Arnold Lazarus, EPA Region IX, (415) 972-3024, [email protected] | |
| FR Citation | 82 FR 60348 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Volatile Organic Compounds and Particulate Matter |
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