83 FR 32211 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 134 (July 12, 2018)
Federal Register Volume 83, Issue 134 (July 12, 2018)
| Page Range | 32211-32213 | |
| FR Document | 2018-14946 |
[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)] [Rules and Regulations] [Pages 32211-32213] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14946] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0104; FRL-9980-43--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 approve a revision to the Yolo-Solano Air Quality Management District (YSAQMD or ``District'') portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from architectural coatings. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule is effective on August 13, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2018-0104. 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 and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On May 3, 2018 (83 FR 19495), the EPA proposed to approve the following rule into the California SIP. [[Page 32212]] ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Revised Submitted ---------------------------------------------------------------------------------------------------------------- YSAQMD............................. 2.14 Architectural Coatings..... 10/12/2016 01/24/2017 ---------------------------------------------------------------------------------------------------------------- We proposed to approve this rule because we determined that it complies with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received one comment in support of regulating VOC emissions, and another that was not germane to this rule. 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 (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 September 10, 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 22, 2018. Deborah Jordan, 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)(293)(i)(B)(2) and (c)(497)(i)(D)(2) to read as follows: Sec. 52.220 Identification of plan-in part. * * * * * (c) * * * (293) * * * [[Page 32213]] (i) * * * (B) * * * (2) Previously approved on January 2, 2004 in paragraph (c)(293)(i)(B)(1) of this section and now deleted with replacement in (c)(497)(i)(D)(2), Rule 2.14, adopted on November 14, 2001. * * * * * (497) * * * (i) * * * (D) * * * (2) Rule 2.14, ``Architectural Coatings,'' revised on October 12, 2016. * * * * * [FR Doc. 2018-14946 Filed 7-11-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 32211
• does not provide EPA with the required information to the U.S. Senate, List of Subjects in 40 CFR Part 52
discretionary authority to address, as the U.S. House of Representatives, and
Environmental protection, Air
appropriate, disproportionate human the Comptroller General of the United pollution control, Incorporation by
health or environmental effects, using States prior to publication of the rule in reference, Particulate matter.
practicable and legally permissible the Federal Register. A major rule
methods, under Executive Order 12898 cannot take effect until 60 days after it Dated: June 19, 2018.
(59 FR 7629, February 16, 1994). is published in the Federal Register. Cosmo Servidio,
In addition, this rule does not have This action is not a ‘‘major rule’’ as Regional Administrator, Region III.
tribal implications as specified by defined by 5 U.S.C. 804(2). 40 CFR part 52 is amended as follows:
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is C. Petitions for Judicial Review
PART 52—APPROVAL AND
not approved to apply in Indian country PROMULGATION OF
Under section 307(b)(1) of the CAA,
located in the state, and EPA notes that IMPLEMENTATION PLANS
it will not impose substantial direct petitions for judicial review of this
costs on tribal governments or preempt action must be filed in the United States
■ 1. The authority citation for part 52
tribal law. Court of Appeals for the appropriate
continues to read as follows:
circuit by September 10, 2018. Filing a
B. Submission to Congress and the petition for reconsideration by the Authority: 42 U.S.C. 7401 et seq.
Comptroller General Administrator of this final rule does not
Subpart I—Delaware
The Congressional Review Act, 5 affect the finality of this action for the
U.S.C. 801 et seq., as added by the Small purposes of judicial review nor does it ■ 2. In § 52.420, the table in paragraph
Business Regulatory Enforcement extend the time within which a petition (e) is amended by adding a second entry
Fairness Act of 1996, generally provides for judicial review may be filed, and for Section 110(a)(2) Infrastructure
that before a rule may take effect, the shall not postpone the effectiveness of Requirements for the 2012 PM2.5
agency promulgating the rule must such rule or action. This action, NAAQS after the first entry. The revised
submit a rule report, which includes a addressing Delaware’s interstate text reads as follows:
copy of the rule, to each House of the transport for the 2012 PM2.5 NAAQS,
Congress and to the Comptroller General may not be challenged later in § 52.470 Identification of plan.
of the United States. EPA will submit a proceedings to enforce its requirements. * * * * *
report containing this action and other (See section 307(b)(2).) (e) * * *
Applicable State EPA
Name of non-regulatory SIP revision geographic submittal approval Additional explanation
area date date
* * * * * * *
Section 110(a)(2) Infrastructure Require- Statewide .......... 12/14/2015 7/12/2018, [Insert Docket 2017–0152. This action address-
ments for the 2012 PM2.5 NAAQS. Federal Register es the infrastructure element of CAA
citation]. section 110(a)(2)(D)(i)(I).
* * * * * * *
[FR Doc. 2018–14838 Filed 7–11–18; 8:45 am] (SIP). This revision concerns emissions www.regulations.gov, or please contact
BILLING CODE 6560–50–P of volatile organic compounds (VOCs) the person identified in the FOR FURTHER
from architectural coatings. We are INFORMATION CONTACT section for
approving a local rule that regulates additional availability information.
ENVIRONMENTAL PROTECTION these emission sources under the Clean
AGENCY Air Act (CAA or the Act). FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
DATES: This rule is effective on August
40 CFR Part 52 972–3024, Lazarus.Arnold@epa.gov.
13, 2018.
[EPA–R09–OAR–2018–0104; FRL–9980– ADDRESSES: The EPA has established a SUPPLEMENTARY INFORMATION:
43—Region 9] Throughout this document, ‘‘we,’’ ‘‘us’’
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0104. All and ‘‘our’’ refer to the EPA.
Approval of California Air Plan
Revisions, Yolo-Solano Air Quality documents in the docket are listed on Table of Contents
Management District the http://www.regulations.gov website.
Although listed in the index, some I. Proposed Action
AGENCY: Environmental Protection information is not publicly available, II. Public Comments and EPA Responses
Agency (EPA). e.g., Confidential Business Information III. EPA Action
ACTION: Final rule. (CBI) or other information whose IV. Incorporation by Reference
disclosure is restricted by statute. V. Statutory and Executive Order Reviews
amozie on DSK3GDR082PROD with RULES
SUMMARY: The Environmental Protection Certain other material, such as I. Proposed Action
Agency (EPA) is taking final action to copyrighted material, is not placed on
approve a revision to the Yolo-Solano the internet and will be publicly On May 3, 2018 (83 FR 19495), the
Air Quality Management District available only in hard copy form. EPA proposed to approve the following
(YSAQMD or ‘‘District’’) portion of the Publicly available docket materials are rule into the California SIP.
California State Implementation Plan available through http://
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(i) * * * letter denying the petition for ‘‘National Emission Standards for
(B) * * * reconsideration are available in the Hazardous Air Pollutants for Chemical
(2) Previously approved on January 2, docket the EPA established under Recovery Combustion Sources at Kraft,
2004 in paragraph (c)(293)(i)(B)(1) of Docket ID No. EPA–HQ–OAR–2014– Soda, Sulfite, and Stand-Alone
this section and now deleted with 0741. All documents in the docket are Semichemical Pulp Mills.’’ 82 FR
replacement in (c)(497)(i)(D)(2), Rule listed on the www.regulations.gov 47328. Following publication of the
2.14, adopted on November 14, 2001. website. Although listed, some final RTR amendments, the
* * * * * information is not publicly available, Administrator received a petition for
(497) * * * e.g., confidential business information reconsideration of two aspects of the
(i) * * * or other information whose disclosure is final RTR pursuant to CAA section
(D) * * * restricted by statute. Certain other 307(d)(7)(B). The petitioners,
(2) Rule 2.14, ‘‘Architectural material, such as copyrighted material, Earthjustice on behalf of Crossett
Coatings,’’ revised on October 12, 2016. is not placed on the internet and will be
Concerned Citizens for Environmental
publicly available only in hard copy
* * * * * Justice, Louisiana Environmental Action
form. Publicly available docket
[FR Doc. 2018–14946 Filed 7–11–18; 8:45 am]
materials are available either Network, PT AirWatchers, and Sierra
BILLING CODE 6560–50–P
electronically through Club, claimed: (1) It was impracticable
www.regulations.gov or in hard copy at to object to the EPA’s rationale for not
the EPA Docket Center (EPA/DC), Room setting additional standards for
ENVIRONMENTAL PROTECTION uncontrolled emissions when the EPA
AGENCY 3334, EPA WJC West Building, 1301
Constitution Ave. NW, Washington, DC. was conducting the review required by
40 CFR Part 63 The Public Reading Room is open from CAA section 112(d)(6), and their
8:30 a.m. to 4:30 p.m., Monday through objections on this issue are of central
[EPA–HQ–OAR–2014–0741; FRL–9980–84– Friday, excluding legal holidays. The relevance to the outcome of the rule;
OAR] telephone number for the Public and (2) it was impracticable to object
Reading Room is (202) 566–1744 and during the comment period to the EPA’s
National Emission Standards for
Hazardous Air Pollutants for Chemical the telephone number for the Air Docket use of census block centroids to account
Recovery Combustion Sources at is (202) 566–1742. for the residual risk to the most exposed
Kraft, Soda, Sulfite, and Stand-Alone II. Judicial Review individual, and their objections on this
Semichemical Pulp Mills issue are of central relevance to the
Section 307(b)(1) of the Clean Air Act outcome of the rule.
AGENCY: Environmental Protection (CAA) indicates which Federal Courts of
Appeals have venue for petitions for CAA section 307(d)(7)(B) requires the
Agency (EPA). EPA to convene a proceeding for
review of final EPA actions. This section
ACTION: Notification of final action reconsideration of a rule if a party
provides, in part, that the petitions for
denying petition for reconsideration. raising an objection to the rule ‘‘can
review must be filed in the United
SUMMARY: The U.S. Environmental States Court of Appeals for the District demonstrate to the Administrator that it
Protection Agency (EPA) is providing of Columbia Circuit if: (1) The agency was impracticable to raise such
notice that it has responded to a petition action consists of ‘‘nationally applicable objection within [the public comment
for reconsideration of the final National regulations promulgated, or final action period] or if the grounds for such
Emission Standards for Hazardous Air taken, by the Administrator,’’ or (2) such objection arose after the period for
Pollutants (NESHAP) for Chemical actions are locally or regionally public comment (but within the time
Recovery Combustion Sources at Kraft, applicable, if ‘‘such action is based on specified for judicial review) and if such
Soda, Sulfite, and Stand-Alone a determination of nationwide scope or objection is of central relevance to the
Semichemical Pulp Mills published in effect and if in taking such action the outcome of the rule.’’ The requirement
the Federal Register on October 11, Administrator finds and publishes that to convene a proceeding to reconsider a
2017. The Acting Administrator denied such action is based on such a rule is, thus, based on the petitioner
the petition in a separate letter to the determination.’’ demonstrating to the EPA both: (1) That
petitioners. The letter, which provides a The EPA has determined that its it was impracticable to raise the
full explanation of the agency’s action denying the petition for objection during the comment period, or
rationale for the denial, is in the reconsideration is nationally applicable that the grounds for such objection arose
rulemaking docket. for purposes of CAA section 307(b)(1) after the comment period, but within
because the action directly affects the the time specified for judicial review
DATES: July 12, 2018.
NESHAP for Chemical Recovery (i.e., within 60 days after publication of
FOR FURTHER INFORMATION CONTACT: Dr. Combustion Sources at Kraft, Soda, the final rulemaking in the Federal
Kelley Spence, Sector Policies and Sulfite, and Stand-Alone Semichemical Register, see CAA section 307(b)(1));
Programs Division (E143–03), Office of Pulp Mills, which are nationally
Air Quality Planning and Standards, and (2) that the objection is of central
applicable CAA section 112 standards. relevance to the outcome of the rule.
Environmental Protection Agency, Any petitions for review of the letter
Research Triangle Park, North Carolina denying the petition for reconsideration The EPA carefully reviewed the
27711; telephone number: (919) 541– must be filed in the United States Court petition for reconsideration and
3158; fax number: (919) 541–0516; of Appeals for the District of Columbia evaluated the issues raised to determine
email address: spence.kelley@epa.gov. if they meet the CAA section
amozie on DSK3GDR082PROD with RULES
Circuit by September 10, 2018.
SUPPLEMENTARY INFORMATION: 307(d)(7)(B) criteria for reconsideration.
III. Description of Action In a separate letter to the petitioners, the
I. How can I get copies of this document On October 11, 2017, pursuant to EPA Acting Administrator, Andrew R.
and other related information? sections 112(d)(6) and (f)(2) of the CAA, Wheeler, denied the petition for
This Federal Register document, the the EPA published the final residual reconsideration. The letter is available
petition for reconsideration, and the risk and technology review (RTR) of the in the docket for this action.
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Document Created: 2018-11-06 10:22:33
Document Modified: 2018-11-06 10:22:33
| 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 is effective on August 13, 2018. | |
| Contact | Arnold Lazarus, EPA Region IX, (415) 972-3024, [email protected] | |
| FR Citation | 83 FR 32211 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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