83 FR 13867 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 63 (April 2, 2018)
Federal Register Volume 83, Issue 63 (April 2, 2018)
| Page Range | 13867-13869 | |
| FR Document | 2018-06558 |
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)] [Rules and Regulations] [Pages 13867-13869] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06558] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0680; FRL-9975-65--Region 9] Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to [[Page 13868]] approve a revision to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from organic liquid storage and transfer operations. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on May 2, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0680. 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: Rebecca Newhouse, EPA Region IX, (415) 972-3004, [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. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On January 9, 2018 (83 FR 1001), the EPA proposed to approve the following rule into the California SIP. ---------------------------------------------------------------------------------------------------------------- Local agency Rule # Rule Title Revised Submitted ---------------------------------------------------------------------------------------------------------------- YSAQMD................................ 2.21 Organic Liquid Storage 09/14/16 01/24/17 and Transfer. ---------------------------------------------------------------------------------------------------------------- We proposed to approve this rule based on a determination that it satisfies the applicable CAA requirements. Our proposed action contains more information on the rule and our evaluation. II. Public Comments The EPA's proposed action provided a 30-day public comment period. During this period, we received one public comment that fails to identify any specific issue that is germane to our action on the rule. The comment letter is available in the docket for this rulemaking. III. EPA Action No comments were submitted that change our assessment of the rule as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this rule 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 YSAQMD rule 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, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: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 the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of [[Page 13869]] 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 June 1, 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, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 2, 2018. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California 0 2. Section 52.220 is amended by adding paragraphs (c)(342)(i)(A)(2) and (c)(497)(i)(D) to read as follows: Sec. 52.220 Identification of plan-in part. * * * * * (c) * * * (342) * * * (i) * * * (A) * * * (2) Previously approved on October 31, 2006 in paragraph (c)(342)(i)(A)(1) of this section and now deleted with replacement in paragraph (c)(497)(i)(D)(1) of this section, Rule 2.21 amended on September 14, 2005. * * * * * (497) * * * (i) * * * (D) Yolo-Solano Air Quality Management District. (1) Rule 2.21, ``Organic Liquid Storage and Transfer,'' revised on September 14, 2016. * * * * * [FR Doc. 2018-06558 Filed 3-30-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations 13867
schedule that governs the Tower Dated: March 19, 2018. a.m. to 10:45 a.m. on April 15, 2018.
Drawbridge across the Sacramento Carl T. Hausner, When the lower span is in the closed-
River, mile 59.0 at Sacramento, CA. The District Bridge Chief, Eleventh Coast Guard to-navigation position, the bridge
deviation is necessary to allow the local District. provides 26 feet of vertical clearance
community to participate in the [FR Doc. 2018–06536 Filed 3–30–18; 8:45 am] above Columbia River Datum 0.0. When
Sactown Run 10-mile and 5K races. This BILLING CODE 9110–04–P the upper span is in the closed-to-
deviation allows the bridge to remain in navigation position, and the lower span
the closed-to-navigation position during is in the open-to-navigation position,
the deviation period. DEPARTMENT OF HOMELAND the vertical clearance is 71 feet above
DATES: This deviation is effective from SECURITY Columbia River Datum 0.0. The lower
5 a.m. to 11:30 a.m. on April 8, 2018. lift span of the Steel Bridge operates in
Coast Guard accordance with 33 CFR 117.5.
ADDRESSES: The docket for this Waterway usage on this part of the
deviation, USCG–2018–0122, is 33 CFR Part 117 Willamette River includes vessels
available at http://www.regulations.gov. ranging from commercial tug and barge
[Docket No. USCG–2018–0200]
Type the docket number in the to small pleasure craft. Vessels able to
‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Drawbridge Operation Regulation; pass through the subject bridge with the
Click on Open Docket Folder on the line Willamette River, Portland, OR lower deck in the closed-to-navigation
associated with this deviation. position, or in the open-to-navigation
AGENCY: Coast Guard, DHS. position may do so at any time. The
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary ACTION:Notice of deviation from lower and upper lift of the Steel Bridge
deviation, call or email Carl T. Hausner, drawbridge regulation. will be able to open for emergencies,
Chief, Bridge Section, Eleventh Coast SUMMARY: The Coast Guard has issued a and there is no immediate alternate
Guard District; telephone 510–437– temporary deviation from the operating route for vessels to pass. The Coast
3516, email Carl.T.Hausner@uscg.mil. schedule that governs the lower deck of Guard requested objections to this
the Steel Bridge across the Willamette deviation be submitted to the Local
SUPPLEMENTARY INFORMATION: The Notice to Mariners. We have not
California Department of Transportation River, mile 12.1, in Portland, OR. The
deviation is necessary to support the received any objections to this
has requested a temporary change to the temporary deviation from the operating
operation of the Tower Drawbridge, Bridge to Brews run event. This
deviation allows the upper lift span of schedule. The Coast Guard will also
mile 59.0, over the Sacramento River, at inform the users of the waterway
Sacramento, CA. The drawbridge the bridge to remain in the closed-to-
navigation position to ensure the safety through our Local and Broadcast
navigation span provides a vertical Notices to Mariners of the change in
clearance of 30 feet above Mean High of event participants.
operating schedule for the subject bridge
Water in the closed-to-navigation DATES: This deviation is effective from
so that vessel operators can arrange their
position. The draw operates as required 8:30 a.m. to 10:45 a.m. on April 15, transits to minimize any impact caused
by 33 CFR 117.189(a). Navigation on the 2018. by the temporary deviation.
waterway is commercial and ADDRESSES: The docket for this In accordance with 33 CFR 117.35(e),
recreational. deviation, USCG–2018–0200, is the drawbridge must return to its regular
The drawspan will be secured in the available at http://www.regulations.gov. operating schedule immediately at the
closed-to-navigation position 5 a.m. to Type the docket number in the end of the designated time period. This
11:30 a.m. on April 8, 2018, to allow the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ deviation from the operating regulations
community to participate in the Click on Open Docket Folder on the line is authorized under 33 CFR 117.35.
Sactown Run 10 mile and 5K races. This associated with this deviation. Dated: March 13, 2018.
temporary deviation has been FOR FURTHER INFORMATION CONTACT: If
coordinated with the waterway users. Steven M. Fischer,
you have questions on this temporary
No objections to the proposed Bridge Administrator, Thirteenth Coast Guard
deviation, call or email Mr. Steven District.
temporary deviation were raised. Fischer, Bridge Administrator,
[FR Doc. 2018–06534 Filed 3–30–18; 8:45 am]
Vessels able to pass through the Thirteenth Coast Guard District;
BILLING CODE 9110–04–P
bridge in the closed position may do so telephone 206–220–7282, email d13-pf-
at any time. The bridge will be able to d13bridges@uscg.mil.
open for emergencies and there is no SUPPLEMENTARY INFORMATION: Union
immediate alternate route for vessels to ENVIRONMENTAL PROTECTION
Pacific Railroad Company (UPRR) owns
pass. The Coast Guard will also inform AGENCY
and operates the Steel Bridge across the
the users of the waterway through our Willamette River, at mile 12.1, in 40 CFR Part 52
Local and Broadcast Notices to Mariners Portland, OR. UPRR has requested a
of the change in operating schedule for temporary deviation from the operating [EPA–R09–OAR–2017–0680; FRL–9975–
the bridge so that vessel operators can schedule for the Steel Bridge upper lift 65—Region 9]
arrange their transits to minimize any span. The deviation is necessary to
impact caused by the temporary Approval of California Air Plan
accommodate the annual Bridge to
deviation. Revisions, Yolo-Solano Air Quality
Brews run event. The Steel Bridge is a
Management District
In accordance with 33 CFR 117.35(e), double-deck lift bridge, and the lower
daltland on DSKBBV9HB2PROD with RULES
the drawbridge must return to its regular lift span operates independent of the AGENCY: Environmental Protection
operating schedule immediately at the upper lift span. To facilitate this Agency (EPA).
end of the effective period of this temporary deviation request, the upper ACTION: Final rule.
temporary deviation. This deviation lift span is authorized to remain in the
from the operating regulations is closed-to-navigation position, and need SUMMARY: The Environmental Protection
authorized under 33 CFR 117.35. not open to marine vessels from 8:30 Agency (EPA) is taking final action to
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![Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations 13869
Representatives, and the Comptroller § 52.220 Identification of plan-in part. rescission, under the Clean Air Act
General of the United States prior to * * * * * (CAA or ‘‘the Act’’).
publication of the rule in the Federal (c) * * *
Register. A major rule cannot take effect DATES: This rule will be effective on
(342) * * *
until 60 days after it is published in the May 2, 2018.
(i) * * *
Federal Register. This action is not a (A) * * * ADDRESSES: The EPA has established a
‘‘major rule’’ as defined by 5 U.S.C. (2) Previously approved on October docket for this action under Docket ID
804(2). 31, 2006 in paragraph (c)(342)(i)(A)(1) of No. EPA–R09–OAR–2017–0140. All
Under section 307(b)(1) of the Clean this section and now deleted with documents in the docket are listed on
Air Act, petitions for judicial review of replacement in paragraph the http://www.regulations.gov website.
this action must be filed in the United (c)(497)(i)(D)(1) of this section, Rule Although listed in the index, some
States Court of Appeals for the 2.21 amended on September 14, 2005. information is not publicly available,
appropriate circuit by June 1, 2018. e.g., Confidential Business Information
* * * * *
Filing a petition for reconsideration by (CBI) or other information whose
(497) * * *
the Administrator of this final rule does
(i) * * * disclosure is restricted by statute.
not affect the finality of this action for
(D) Yolo-Solano Air Quality Certain other material, such as
the purposes of judicial review nor does
Management District. copyrighted material, is not placed on
it extend the time within which a
(1) Rule 2.21, ‘‘Organic Liquid Storage the internet and will be publicly
petition for judicial review may be filed,
and shall not postpone the effectiveness and Transfer,’’ revised on September 14, available only in hard copy form.
of such rule or action. This action may 2016. Publicly available docket materials are
not be challenged later in proceedings to * * * * * available through http://
enforce its requirements. (See section [FR Doc. 2018–06558 Filed 3–30–18; 8:45 am] www.regulations.gov, or please contact
307(b)(2).) BILLING CODE 6560–50–P the person identified in the FOR FURTHER
INFORMATION CONTACT section for
List of Subjects in 40 CFR Part 52 additional availability information.
Environmental protection, Air ENVIRONMENTAL PROTECTION
FOR FURTHER INFORMATION CONTACT:
pollution control, Incorporation by AGENCY
Arnold Lazarus, EPA Region IX, (415)
reference, Intergovernmental relations, 972–3024, lazarus.arnold@epa.gov.
Ozone, Reporting and recordkeeping 40 CFR Part 52
requirements, Volatile organic SUPPLEMENTARY INFORMATION:
[EPA–R09–OAR–2017–0140; FRL–9975–
compounds. 66—Region 9] Throughout this document, ‘‘we,’’ ‘‘us’’
Dated: March 2, 2018. and ‘‘our’’ refer to the EPA.
Alexis Strauss, Approval of California Air Plan Table of Contents
Acting Regional Administrator, Region IX. Revisions, San Diego County Air
Pollution Control District I. Proposed Action
Part 52, chapter I, title 40 of the Code
II. Public Comments
of Federal Regulations is amended as AGENCY: Environmental Protection III. EPA Action
follows: Agency (EPA). IV. Incorporation by Reference
PART 52—APPROVAL AND ACTION: Final rule. V. Statutory and Executive Order Reviews
PROMULGATION OF I. Proposed Action
SUMMARY: The Environmental Protection
IMPLEMENTATION PLANS
Agency (EPA) is taking final action to
approve revisions to the San Diego On December 20, 2017, the EPA
■ 1. The authority citation for part 52 proposed to approve the following rule
continues to read as follows: County Air Pollution Control District
(SDCAPCD) portion of the California and rule rescission into the California
Authority: 42 U.S.C. 7401 et seq. SIP (82 FR 60348).
State Implementation Plan (SIP). These
Subpart F—California revisions concern volatile organic Table 1 lists the rules addressed by
compound (VOC) emissions from this action with the date that they were
■ 2. Section 52.220 is amended by polyester resin operations. We are adopted and repealed by the local air
adding paragraphs (c)(342)(i)(A)(2) and approving a local rule to regulate these agency, and submitted by the California
(c)(497)(i)(D) to read as follows: emission sources, as well as a rule Air Resources Board (CARB).
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 8/22/2016
SDCAPCD ..................... 67.12.1 Polyester Resin Operations ................................. 5/11/2016 ........................ 8/22/2016
We proposed to approve this rule and II. Public Comments deaths associated with wind and solar
daltland on DSKBBV9HB2PROD with RULES
rule rescission because we determined facilities, the regulation of wildfire risks
that they comply with the relevant CAA The EPA’s proposed action provided and emissions from wildfires, and the
a 30-day public comment period. During
requirements. Our proposed action study of hydraulic fracturing and
this period, we received seven
contains more information on the rule drinking water. One commenter
comments. Commenters generally raised
and rule rescission, and our evaluation. supported the regulation of emissions
issues that are outside the scope of this
rulemaking, including bird and bat from polyester resin operations, and one
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Document Created: 2018-11-01 09:08:21
Document Modified: 2018-11-01 09:08:21
| 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 May 2, 2018. | |
| Contact | Rebecca Newhouse, EPA Region IX, (415) 972-3004, [email protected] | |
| FR Citation | 83 FR 13867 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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