83 FR 13871 - Approval of California Air Plan Revisions, Northern Sierra Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 63 (April 2, 2018)

Page Range		13871-13872
FR Document		2018-06538

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Northern Sierra Air Quality Management District (NSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of particulate matter (PM) from wood burning devices. We are approving a local measure to reduce emissions from these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 83 Issue 63 (Monday, April 2, 2018)

[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13871-13872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06538]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0737; FRL-9976-08--Region 9]


Approval of California Air Plan Revisions, Northern Sierra Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Northern Sierra Air Quality 
Management District (NSAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns emissions of 
particulate matter (PM) from wood burning devices. We are approving a 
local measure to reduce emissions from 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-2017-0737. 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: Rynda Kay, EPA Region IX, (415) 947-
4118, [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 27, 2017 (82 FR 61203), the EPA proposed to approve the 
following measure into the California SIP.

----------------------------------------------------------------------------------------------------------------
       Local agency               Resolution No.             Measure title            Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
NSAQMD....................  2017-01..................  Northern Sierra Air              01/23/17        02/28/17
                                                        Quality Management
                                                        District Resolution
                                                        #2017-01.
----------------------------------------------------------------------------------------------------------------

    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 measure and our evaluation.

II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received three public comments that fail to 
identify any specific issue that is germane to our action on the rule. 
Two of these comments identify issues that are outside of the scope of 
this rulemaking, including forest management, wildfire suppression, and 
greenhouse-gas and other emissions from wildfires. The third comment 
fails to identify any specific issue. The comment letters are 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, the EPA is fully 
approving this rule into the California SIP in accordance with section 
110(k)(3) of the Act.

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 
NSAQMD measure 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);

[[Page 13872]]

     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, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 9, 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 paragraph (c)(500) to read as 
follows:


Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (500) The following plan was submitted on February 28, 2017 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Northern Sierra Air Quality 
Management District.
    (1) Northern Sierra Air Quality Management District Resolution 
#2017-01, adopted January 23, 2017.

[FR Doc. 2018-06538 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 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);

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13872 Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations

• Is not subject to requirements of requirements, Volatile organic maintenance area (hereinafter referred
Section 12(d) of the National compounds. to as the ‘‘Northern Kentucky Area’’ or
Technology Transfer and Advancement Dated: March 9, 2018. ‘‘Area’’). The SIP revision revises the
Act of 1995 (15 U.S.C. 272 note) because Alexis Strauss,
Commonwealth’s maintenance plan
application of those requirements would emissions inventory and associated
Acting Regional Administrator, Region IX.
be inconsistent with the Clean Air Act; motor vehicle emissions budgets
and Part 52, Chapter I, Title 40 of the Code (MVEBs), for years 2020 and 2030, to
• Does not provide the EPA with the of Federal Regulations is amended as remove reliance on emissions
discretionary authority to address, as follows: reductions from the federal RFG
appropriate, disproportionate human program requirements, a program that
health or environmental effects, using PART 52—APPROVAL AND the Commonwealth voluntarily opted
practicable and legally permissible PROMULGATION OF into in 1995. The SIP revision also
methods, under Executive Order 12898 IMPLEMENTATION PLANS includes a non-interference
(59 FR 7629, February 16, 1994). ■ 1. The authority citation for part 52 demonstration evaluating whether
In addition, the SIP is not approved continues to read as follows: removing reliance on the RFG
to apply on any Indian reservation land requirements in the Northern Kentucky
Authority: 42 U.S.C. 7401 et seq. Area would interfere with the
or in any other area where the EPA or
an Indian tribe has demonstrated that a requirements of the Clean Air Act (CAA
Subpart F—California
tribe has jurisdiction. In those areas of or Act). EPA is approving this SIP
Indian country, the rule does not have ■ 2. Section 52.220 is amended by revision and the corresponding non-
tribal implications and will not impose adding paragraph (c)(500) to read as interference demonstration because EPA
substantial direct costs on tribal follows: determined that the revision is
governments or preempt tribal law as consistent with the applicable
specified by Executive Order 13175 (65 § 52.220 Identification of plan-in part. provisions of the CAA. Please note that
FR 67249, November 9, 2000). * * * * * this final rule does not remove the
The Congressional Review Act, 5 (c) * * * federal RFG requirement. On April 18,
U.S.C. 801 et seq., as added by the Small (500) The following plan was 2017, Kentucky’s Energy and
Business Regulatory Enforcement submitted on February 28, 2017 by the Environment Cabinet submitted a
Fairness Act of 1996, generally provides Governor’s designee. separate petition to the EPA
that before a rule may take effect, the (i) Incorporation by reference. (A) Administrator requesting to opt-out of
agency promulgating the rule must Northern Sierra Air Quality the federal RFG program in the Northern
submit a rule report, which includes a Management District. Kentucky Area, and the Administrator
copy of the rule, to each House of the (1) Northern Sierra Air Quality will act on that petition in the near
Congress and to the Comptroller General Management District Resolution #2017– future.
of the United States. The EPA will 01, adopted January 23, 2017.
[FR Doc. 2018–06538 Filed 3–30–18; 8:45 am] DATES: This rule will be effective April
submit a report containing this action
2, 2018.
and other required information to the BILLING CODE 6560–50–P
U.S. Senate, the U.S. House of ADDRESSES: EPA has established a
Representatives, and the Comptroller docket for this action under Docket
General of the United States prior to ENVIRONMENTAL PROTECTION Identification No. No. EPA–R04–OAR–
publication of the rule in the Federal AGENCY 2017–0389 at http://
Register. A major rule cannot take effect www.regulations.gov. All documents in
40 CFR Part 52
until 60 days after it is published in the the docket are listed on the
Federal Register. This action is not a [EPA–R04–OAR–2017–0389; FRL–9976– www.regulations.gov website. Although
‘‘major rule’’ as defined by 5 U.S.C. 20—Region 4] listed in the index, some information is
804(2). not publicly available, i.e., Confidential
Under section 307(b)(1) of the Clean Air Plan Approval; KY: Removal of Business Information or other
Air Act, petitions for judicial review of Reliance on Reformulated Gasoline in information whose disclosure is
this action must be filed in the United the Kentucky Portion of the Cincinnati- restricted by statute. Certain other
States Court of Appeals for the Hamilton Area material, such as copyrighted material,
appropriate circuit by June 1, 2018. AGENCY: Environmental Protection is not placed on the internet and will be
Filing a petition for reconsideration by Agency. publicly available only in hard copy
the Administrator of this final rule does ACTION: Final rule. form. Publicly available docket
not affect the finality of this action for materials are available either
the purposes of judicial review nor does SUMMARY: The Environmental Protection electronically through
it extend the time within which a Agency (EPA) is approving a State www.regulations.gov or in hard copy at
petition for judicial review may be filed, Implementation Plan (SIP) revision the Air Regulatory Management Section,
and shall not postpone the effectiveness submitted on September 13, 2017, by Air Planning and Implementation
of such rule or action. This action may the Commonwealth of Kentucky, Branch, Air, Pesticides and Toxics
not be challenged later in proceedings to through the Kentucky Division for Air Management Division, U.S.
enforce its requirements. (See section Quality (KDAQ) in support of the Environmental Protection Agency,
Commonwealth’s separate petition Region 4, 61 Forsyth Street SW, Atlanta,
daltland on DSKBBV9HB2PROD with RULES

307(b)(2).)
requesting that EPA remove the federal Georgia 30303–8960. EPA requests that
List of Subjects in 40 CFR Part 52
reformulated gasoline (RFG) if at all possible, you contact the person
Environmental protection, Air requirements for Boone, Campbell, and listed in the FOR FURTHER INFORMATION
pollution control, Incorporation by Kenton counties in the Kentucky CONTACT section to schedule your
reference, Intergovernmental relations, portion of the Cincinnati-Hamilton, inspection. The Regional Office’s
Ozone, Reporting and recordkeeping Ohio-Kentucky-Indiana 2008 8-hr ozone official hours of business are Monday

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Document Created: 2018-11-01 09:09:11
Document Modified: 2018-11-01 09:09:11

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		Rynda Kay, EPA Region IX, (415) 947- 4118, [email protected]
FR Citation		83 FR 13871
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds