83 FR 13869 - Approval of California Air Plan Revisions, San Diego County Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 63 (April 2, 2018)
Federal Register Volume 83, Issue 63 (April 2, 2018)
| Page Range | 13869-13871 | |
| FR Document | 2018-06559 |
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)] [Rules and Regulations] [Pages 13869-13871] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06559] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0140; FRL-9975-66--Region 9] Approval of California Air Plan Revisions, San Diego County Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action 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 approving a local rule to regulate these emission sources, as well as a rule rescission, 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-2017-0140. 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 (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: 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. Proposed Action II. Public Comments III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On December 20, 2017, the EPA proposed to approve the following rule and rule rescission into the California SIP (82 FR 60348). 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 8/22/2016 Operations. SDCAPCD....................... 67.12.1 Polyester Resin 5/11/2016 .............. 8/22/2016 Operations. ---------------------------------------------------------------------------------------------------------------- We proposed to approve this rule and rule rescission because we determined that they comply with the relevant CAA requirements. Our proposed action contains more information on the rule and rule rescission, and our evaluation. II. Public Comments The EPA's proposed action provided a 30-day public comment period. During this period, we received seven comments. Commenters generally raised issues that are outside the scope of this rulemaking, including bird and bat deaths associated with wind and solar facilities, the regulation of wildfire risks and emissions from wildfires, and the study of hydraulic fracturing and drinking water. One commenter supported the regulation of emissions from polyester resin operations, and one [[Page 13870]] commenter wrote that ``I do not want to repeal the regulations of air pollution.'' The EPA notes that it proposed to approve the rescission of SDCAPCD Rule 67.12, while simultaneously proposing to approve its replacement: Rule 67.12.1. The EPA's Technical Support Document, included in the docket for this action, contains the EPA's evaluation, including a SIP relaxation analysis, detailing the EPA's proposed conclusion that the rescission of Rule 67.12 and its replacement with Rule 67.12.1 met the requirements of the Act. The EPA is required to approve a state submittal if the submittal meets all applicable requirements. 42 U.S.C. 7410(k)(3). The submitted comments either fail to identify any specific issue that is germane to our action, or they do not change our assessment of the SDCAPCD Polyester Resin Operations Rule as described in our proposed action and supporting documents. III. EPA Action No comments were submitted that change our assessment of the rule and rule rescission as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this rule and rule rescission 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 SDCAPCD rule and rule rescission, 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 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the 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 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, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 6, 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)(241)(i)(A)(7) and (c)(488)(i)(A)(2) to read as follows: Sec. 52.220 Identification of plan-in part. * * * * * (c) * * * (241) * * * (i) * * * (A) * * * (7) Previously approved on March 27, 1997 in paragraph (c)(241)(i)(A)(1) of this section and now deleted with replacement by Rule 67.12.1 in [[Page 13871]] paragraph (c)(488)(i)(A)(2) of this section, Rule 67.12, ``Polyester Resin Operations,'' adopted on May 15, 1996. * * * * * (488) * * * (i) * * * (A) * * * (2) Rule 67.12.1, ``Polyester Resin Operations,'' adopted and effective on May 11, 2016. * * * * * [FR Doc. 2018-06559 Filed 3-30-18; 8:45 am] BILLING CODE 6560-50-P
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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
VerDate Sep<11>2014 19:03 Mar 30, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1](https://thefederalregister.org/doc/83_FR_13932/page/1.svg)
![Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations 13871
paragraph (c)(488)(i)(A)(2) of this ACTION: Final rule. is not placed on the internet and will be
section, Rule 67.12, ‘‘Polyester Resin publicly available only in hard copy
Operations,’’ adopted on May 15, 1996. SUMMARY: The Environmental Protection form. Publicly available docket
* * * * * Agency (EPA) is taking final action to materials are available through http://
(488) * * * approve a revision to the Northern www.regulations.gov, or please contact
(i) * * * Sierra Air Quality Management District the person identified in the FOR FURTHER
(A) * * * (NSAQMD) portion of the California INFORMATION CONTACT section for
(2) Rule 67.12.1, ‘‘Polyester Resin State Implementation Plan (SIP). This additional availability information.
Operations,’’ adopted and effective on revision concerns emissions of
FOR FURTHER INFORMATION CONTACT:
May 11, 2016. particulate matter (PM) from wood
burning devices. We are approving a Rynda Kay, EPA Region IX, (415) 947–
* * * * * 4118, kay.rynda@epa.gov.
[FR Doc. 2018–06559 Filed 3–30–18; 8:45 am] local measure to reduce emissions from
BILLING CODE 6560–50–P these emission sources under the Clean SUPPLEMENTARY INFORMATION:
Air Act (CAA or the Act). Throughout this document, ‘‘we,’’ ‘‘us’’
DATES: This rule will be effective on and ‘‘our’’ refer to the EPA.
ENVIRONMENTAL PROTECTION May 2, 2018. Table of Contents
AGENCY ADDRESSES: The EPA has established a I. Proposed Action
40 CFR Part 52 docket for this action under Docket ID II. Public Comments
No. EPA–R09–OAR–2017–0737. All III. EPA Action
[EPA–R09–OAR–2017–0737; FRL–9976– documents in the docket are listed on IV. Incorporation by Reference
08—Region 9] the http://www.regulations.gov website. V. Statutory and Executive Order Reviews
Although listed in the index, some
Approval of California Air Plan I. Proposed Action
information is not publicly available,
Revisions, Northern Sierra Air Quality
e.g., Confidential Business Information On December 27, 2017 (82 FR 61203),
Management District
or other information whose disclosure is the EPA proposed to approve the
AGENCY: Environmental Protection restricted by statute. Certain other following measure into the California
Agency (EPA). material, such as copyrighted material, SIP.
Local agency Resolution No. Measure title Adopted Submitted
NSAQMD .......... 2017–01 ........... Northern Sierra Air Quality Management District Resolution #2017–01 .. 01/23/17 02/28/17
We proposed to approve this rule IV. Incorporation by Reference • Is not a significant regulatory action
based on a determination that it satisfies subject to review by the Office of
the applicable CAA requirements. Our In this rule, the EPA is finalizing Management and Budget under
proposed action contains more regulatory text that includes Executive Orders 12866 (58 FR 51735,
information on the measure and our incorporation by reference. In October 4, 1993) and 13563 (76 FR 3821,
evaluation. accordance with requirements of 1 CFR January 21, 2011);
51.5, the EPA is finalizing the • Is not an Executive Order 13771 (82
II. Public Comments incorporation by reference of the FR 9339, February 2, 2017) regulatory
NSAQMD measure described in the action because SIP approvals are
The EPA’s proposed action provided amendments to 40 CFR part 52 set forth exempted under Executive Order 12866;
a 30-day public comment period. During below. The EPA has made, and will • Does not impose an information
this period, we received three public continue to make, these documents collection burden under the provisions
comments that fail to identify any available through www.regulations.gov of the Paperwork Reduction Act (44
specific issue that is germane to our and at the EPA Region IX Office (please U.S.C. 3501 et seq.);
action on the rule. Two of these contact the person identified in the FOR • Is certified as not having a
comments identify issues that are FURTHER INFORMATION CONTACT section of significant economic impact on a
outside of the scope of this rulemaking, this preamble for more information). substantial number of small entities
including forest management, wildfire under the Regulatory Flexibility Act (5
V. Statutory and Executive Order
suppression, and greenhouse-gas and U.S.C. 601 et seq.);
Reviews
other emissions from wildfires. The • Does not contain any unfunded
third comment fails to identify any Under the Clean Air Act, the mandate or significantly or uniquely
specific issue. The comment letters are Administrator is required to approve a affect small governments, as described
available in the docket for this SIP submission that complies with the in the Unfunded Mandates Reform Act
rulemaking. provisions of the Act and applicable of 1995 (Pub. L. 104–4);
Federal regulations. 42 U.S.C. 7410(k); • Does not have Federalism
III. EPA Action 40 CFR 52.02(a). Thus, in reviewing SIP implications as specified in Executive
No comments were submitted that submissions, the EPA’s role is to Order 13132 (64 FR 43255, August 10,
change our assessment of the rule as approve state choices, provided that 1999);
they meet the criteria of the Clean Air • Is not an economically significant
daltland on DSKBBV9HB2PROD with RULES
described in our proposed action.
Therefore, the EPA is fully approving Act. Accordingly, this action merely regulatory action based on health or
approves state law as meeting Federal safety risks subject to Executive Order
this rule into the California SIP in
requirements and does not impose 13045 (62 FR 19885, April 23, 1997);
accordance with section 110(k)(3) of the
additional requirements beyond those • Is not a significant regulatory action
Act. imposed by state law. For that reason, subject to Executive Order 13211 (66 FR
this action: 28355, May 22, 2001);
VerDate Sep<11>2014 16:23 Mar 30, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1](https://thefederalregister.org/doc/83_FR_13932/page/3.svg)
Document Created: 2018-11-01 09:08:34
Document Modified: 2018-11-01 09:08:34
| 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 | Arnold Lazarus, EPA Region IX, (415) 972-3024, [email protected] | |
| FR Citation | 83 FR 13869 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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