83 FR 43765 - Approval of Air Plan Revisions; Approvals and Promulgations: California; Placer County Air Pollution Control District; Stationary Source Permits
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 167 (August 28, 2018)
Federal Register Volume 83, Issue 167 (August 28, 2018)
| Page Range | 43765-43767 | |
| FR Document | 2018-18529 |
[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)] [Rules and Regulations] [Pages 43765-43767] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18529] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0282; FRL-9981-98--Region 9] Approval of Air Plan Revisions; Approvals and Promulgations: California; Placer County Air Pollution Control District; Stationary Source Permits AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing action on a revision to the Placer County Air Pollution Control District (PCAPCD or District) portion of the California State Implementation Plan (SIP). This revision concerns the District's Prevention of Significant Deterioration (PSD) permitting program for new and modified sources of air pollution. We are finalizing action on a local rule under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: This rule will be effective on September 27, 2018. ADDRESSES: The EPA has established a docket for this action under Docket No. EPA-R09-OAR-2018-0282. 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: Laura Yannayon, EPA Region IX, (415) 972-3534, yannayon.laura@epa.gov. 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 June 14, 2018 (83 FR 27738), the EPA proposed to fully approve the following rule that was submitted for incorporation into the PCAPCD portion of the California SIP. Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Adopted or Rule No. Rule title amended Submitted ---------------------------------------------------------------------------------------------------------------- 518.............................. Prevention of Significant Deterioration (PSD) 10/13/16 1/24/17 Permit Program. ---------------------------------------------------------------------------------------------------------------- We proposed approval of this rule because we determined that the rule met the statutory requirements for SIP revisions as specified in section 110(l) of the CAA, as well as the substantive statutory and regulatory requirements for a PSD permit program as contained in CAA section 110(a)(2)(C) and 40 CFR 51.166. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received two comments on the proposed rule. These comments raised issues that are outside the scope of our proposed approval of Rule 518, including air pollution monitoring in China and India, climate change, and wind and solar power costs and regulations. None of those comments are germane to our evaluation of Rule 518. The EPA is required to approve a state SIP submission if the submittal meets [[Page 43766]] all of the applicable requirements of the Act. 42 U.S.C. 7410(k)(3). None of the submitted comments indicate that the District's submittal of Rule 518 does not meet the requirements of the Act. III. EPA Action No comments were submitted that change our assessment that submitted Rule 518 satisfies the applicable CAA requirements. Therefore, under CAA sections 110(k)(3) and 301(a), and for the reasons set forth in our June 14, 2018 proposed rule, we are fully approving Rule 518. This action incorporates the submitted rule into the PCAPCD portion of the California SIP and makes it federally enforceable. In addition, because we are finalizing our proposed action, we are removing the existing Rule 518 from the PCAPCD portion of 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 PCAPCD rule listed in Table 1 of this document. 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 CAA, 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 CAA. 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, New source review, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 27, 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)(391)(i)(C)(2) and (c)(497)(i)(B)(2) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (391) * * * (i) * * * (C) * * * (2) Previously approved on December 10, 2012 in paragraph (c)(391)(i)(C)(1) of this section and now deleted with replacement in paragraph (c)(497)(i)(B)(2) of this section, Rule 518, ``Prevention of Significant Deterioration (PSD) Permit Program.'' * * * * * (497) * * * (i) * * * (B) * * * (2) Rule 518, ``Prevention of Significant Deterioration (PSD) Permit Program,'' amended on October 13, 2016. * * * * * 0 3. Section 52.270 is amended by revising paragraph (b)(6) to read as follows: Sec. 52.270 Significant deterioration of air quality. * * * * * (b) * * * (6) The PSD program for the Placer County Air Pollution Control District (PCAPCD), as incorporated by reference in Sec. 52.220(c)(497)(i)(B)(2), is approved under part C, subpart 1, of the Clean Air Act. For PSD permits previously issued by EPA pursuant to Sec. 52.21 to sources located in the PCAPCD, this approval includes the authority for the PCAPCD [[Page 43767]] to conduct general administration of these existing permits, authority to process and issue any and all subsequent permit actions relating to such permits, and authority to enforce such permits. * * * * * [FR Doc. 2018-18529 Filed 8-27-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 43765
(9) The Port Allen, Kauai from all potential hazards is completed by the District) portion of the California State
waters immediately adjacent to the Coast Guard. Implementation Plan (SIP). This
Department of Transportation (c) Definitions. As used in this revision concerns the District’s
commercial pier (located at 21°53′59″ N, section, designated representative Prevention of Significant Deterioration
157°35′21″ W) extending out to 100 means any Coast Guard commissioned, (PSD) permitting program for new and
yards from the piers faces; warrant, or petty officer who has been modified sources of air pollution. We
(b) Regulations. The general authorized by the COTP Honolulu to are finalizing action on a local rule
regulations governing safety zones assist in enforcing the security zone under the Clean Air Act as amended in
contained in 33 CFR 165.23, Subpart C, described in paragraph (a) of this 1990 (CAA or the Act).
apply to the safety zones created by this section. DATES: This rule will be effective on
temporary final rule. (f) Enforcement period. This rule will
September 27, 2018.
(1) All persons and vessels are be enforced from 11 a.m. on August 22,
required to comply with the general 2018, through 11 a.m. on August 29, ADDRESSES: The EPA has established a
regulations governing safety zones 2018. docket for this action under Docket No.
found in 33 CFR part 165. (g) Notice of enforcement. The COTP EPA–R09–OAR–2018–0282. All
(2) Entry into or remaining in this Honolulu will cause Notice of the documents in the docket are listed on
zone is prohibited unless authorized by Enforcement of these safety zones the http://www.regulations.gov website.
the COTP Honolulu or his designated described in this section to be made by Although listed in the index, some
representative. Broadcast to the maritime community information is not publicly available,
(3) Persons or vessels desiring to via marine safety information bulletins e.g., Confidential Business Information
transit the safety zones identified in and broadcast notice to mariners on or other information whose disclosure is
paragraph (a) of this section may contact VHF channel 16 (156.8 MHz). restricted by statute. Certain other
the COTP Honolulu through his material, such as copyrighted material,
Dated: August 22, 2018.
designated representatives at the is not placed on the internet and will be
M.C. Long,
Command Center via telephone: (808) publicly available only in hard copy
Captain, U.S. Coast Guard, Captain of the form. Publicly available docket
842–2600 and (808) 842–2601; fax: (808) Port Honolulu.
842–2642; or on VHF channel 16 (156.8 materials are available through http://
[FR Doc. 2018–18581 Filed 8–27–18; 8:45 am] www.regulations.gov, or please contact
Mhz) to request permission. If
permission is granted, all persons and
BILLING CODE 9110–04–P the person identified in the FOR FURTHER
vessels must comply with the INFORMATION CONTACT section for
instructions of the COTP Honolulu or additional availability information.
his designated representative. ENVIRONMENTAL PROTECTION
FOR FURTHER INFORMATION CONTACT:
(5) The commercial ports of the AGENCY
Laura Yannayon, EPA Region IX, (415)
Hawaiian Islands will be closed to all 972–3534, yannayon.laura@epa.gov.
40 CFR Part 52
inbound traffic when the COTP SUPPLEMENTARY INFORMATION:
Honolulu issues a marine safety [EPA–R09–OAR–2018–0282; FRL–9981–
98—Region 9] Throughout this document, ‘‘we,’’ ‘‘us’’
information bulletin twelve hours before and ‘‘our’’ refer to the EPA.
the onset of tropical storm force winds
are forecasted to impact the port. All Approval of Air Plan Revisions; Table of Contents
vessels over 200 gross tons must Approvals and Promulgations:
California; Placer County Air Pollution I. Proposed Action
evacuate. II. Public Comments and EPA Responses
(6) All vessels unable to comply with Control District; Stationary Source
III. EPA Action
this safety zone may request a waiver Permits
IV. Incorporation by Reference
from the COTP Honolulu by submitting AGENCY: Environmental Protection V. Statutory and Executive Order Reviews
a request with their hurricane plans for Agency (EPA). I. Proposed Action
review and approval by the designated ACTION: Final rule.
representative of COTP Honolulu. On June 14, 2018 (83 FR 27738), the
(7) The harbors will remain closed SUMMARY: The Environmental Protection EPA proposed to fully approve the
until the Coast Guard issues an ‘‘All Agency (EPA) is finalizing action on a following rule that was submitted for
Clear’’ for the harbor after the storm revision to the Placer County Air incorporation into the PCAPCD portion
passes and a survey of the Harbor for Pollution Control District (PCAPCD or of the California SIP.
TABLE 1—SUBMITTED RULE
Adopted or
Rule No. Rule title Submitted
amended
518 ............................. Prevention of Significant Deterioration (PSD) Permit Program ...................................... 10/13/16 1/24/17
We proposed approval of this rule in CAA section 110(a)(2)(C) and 40 CFR raised issues that are outside the scope
because we determined that the rule met 51.166. of our proposed approval of Rule 518,
daltland on DSKBBV9HB2PROD with RULES
the statutory requirements for SIP including air pollution monitoring in
II. Public Comments and EPA
revisions as specified in section 110(l) China and India, climate change, and
Responses
of the CAA, as well as the substantive wind and solar power costs and
statutory and regulatory requirements The EPA’s proposed action provided regulations. None of those comments are
for a PSD permit program as contained a 30-day public comment period. During germane to our evaluation of Rule 518.
this period, we received two comments The EPA is required to approve a state
on the proposed rule. These comments SIP submission if the submittal meets
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![Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 43767
to conduct general administration of Monday through Friday, excluding legal and hearing requests are provided in 40
these existing permits, authority to holidays. The telephone number for the CFR 178.25(b).
process and issue any and all Public Reading Room is (202) 566–1744, In addition to filing an objection or
subsequent permit actions relating to and the telephone number for the OPP hearing request with the Hearing Clerk
such permits, and authority to enforce Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please
such permits. the visitor instructions and additional submit a copy of the filing (excluding
* * * * * information about the docket available any Confidential Business Information
at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
[FR Doc. 2018–18529 Filed 8–27–18; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Information not marked confidential
BILLING CODE 6560–50–P
Michael Goodis, Registration Division pursuant to 40 CFR part 2 may be
(7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200
objection or hearing request, identified
AGENCY Pennsylvania Ave. NW, Washington, DC
by docket ID number EPA–HQ–OPP–
20460–0001; main telephone number:
40 CFR Part 180 2017–0474, by one of the following
(703) 305–7090; email address:
methods:
[EPA–HQ–OPP–2017–0474; FRL–9981–27] RDFRNotices@epa.gov. • Federal eRulemaking Portal: http://
SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online
Aspartic Acid, N-(1,2-dicarboxyethyl)-, instructions for submitting comments.
Tetrasodium Salt; Exemption From the I. General Information
Do not submit electronically any
Requirement of a Tolerance A. Does this action apply to me? information you consider to be CBI or
AGENCY: Environmental Protection You may be potentially affected by other information whose disclosure is
Agency (EPA). this action if you are an agricultural restricted by statute.
ACTION: Final rule. producer, food manufacturer, or • Mail: OPP Docket, Environmental
pesticide manufacturer. The following Protection Agency Docket Center (EPA/
SUMMARY: This regulation establishes an list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
exemption from the requirement of a Classification System (NAICS) codes is NW, Washington, DC 20460–0001.
tolerance for residues of aspartic acid, • Hand Delivery: To make special
not intended to be exhaustive, but rather
N-(1,2-dicarboxyethyl)-, tetrasodium salt arrangements for hand delivery or
provides a guide to help readers
(CAS Reg. No. 144538–83–0) when used delivery of boxed information, please
determine whether this document
as an inert ingredient in antimicrobial follow the instructions at http://
applies to them. Potentially affected
pesticide products for which, when www.epa.gov/dockets/contacts.html.
entities may include:
ready for use, the end-use concentration Additional instructions on
• Crop production (NAICS code 111). commenting or visiting the docket,
does not exceed 5,000 parts per million • Animal production (NAICS code
(ppm) of aspartic acid, N-(1,2- along with more information about
112). dockets generally, is available at http://
dicarboxyethyl)-, tetrasodium salt.
• Food manufacturing (NAICS code www.epa.gov/dockets.
Lanxess Corporation submitted a
311).
petition to EPA under the Federal Food, II. Petition for Exemption
Drug, and Cosmetic Act (FFDCA), • Pesticide manufacturing (NAICS
requesting establishment of an code 32532). In the Federal Register of December
exemption from the requirement of a 15, 2017 (82 FR 59604) (FRL–9970–50),
B. How can I get electronic access to
tolerance. This regulation eliminates the EPA issued a document pursuant to
other related information?
need to establish a maximum FFDCA section 408, 21 U.S.C. 346a,
You may access a frequently updated announcing the filing of a pesticide
permissible level for residues of aspartic
electronic version of 40 CFR part 180 petition (PP IN–11063) by Lanxess
acid, N-(1,2-dicarboxyethyl)-,
through the Government Printing Corporation, 111 RIDC Park West Drive,
tetrasodium salt, when used in
Office’s e-CFR site at http://www.ecfr. Pittsburgh, PA 15275. The petition
accordance with the terms of the
gov/cgi-bin/text-idx?&c=ecfr&tpl=/ requested that 40 CFR 180.940(a) be
exemption.
ecfrbrowse/Title40/40tab_02.tpl. amended by establishing an exemption
DATES: This regulation is effective from the requirement of a tolerance for
August 28, 2018. Objections and C. How can I file an objection or hearing
residues of aspartic acid, N-(1,2-
requests for hearings must be received request?
dicarboxyethyl)-, tetrasodium salt (CAS
on or before October 29, 2018, and must Under FFDCA section 408(g), 21 Reg. No. 144538–83–0) when used as an
be filed in accordance with the U.S.C. 346a, any person may file an inert ingredient as a chelating agent in
instructions provided in 40 CFR part objection to any aspect of this regulation antimicrobial pesticide formulations
178 (see also Unit I.C. of the and may also request a hearing on those (food-contact surface sanitizing
SUPPLEMENTARY INFORMATION). objections. You must file your objection solutions). That document referenced a
ADDRESSES: The docket for this action, or request a hearing on this regulation summary of the petition prepared by
identified by docket identification (ID) in accordance with the instructions Lanxess Corporation, the petitioner,
number EPA–HQ–OPP–2017–0474, is provided in 40 CFR part 178. To ensure which is available in the docket, http://
available at http://www.regulations.gov proper receipt by EPA, you must www.regulations.gov. There were no
or at the Office of Pesticide Programs identify docket ID number EPA–HQ– relevant comments received in response
Regulatory Public Docket (OPP Docket) OPP–2017–0474 in the subject line on
daltland on DSKBBV9HB2PROD with RULES
to the notice of filing.
in the Environmental Protection Agency the first page of your submission. All Based upon review of the data
Docket Center (EPA/DC), West William objections and requests for a hearing supporting the petition, EPA has limited
Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be the maximum end-use concentration,
Constitution Ave. NW, Washington, DC received by the Hearing Clerk on or when ready for use, of aspartic acid, N-
20460–0001. The Public Reading Room before October 29, 2018. Addresses for (1,2-dicarboxyethyl)-, tetrasodium salt
is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections not to exceed 5,000 ppm in
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Document Created: 2018-08-28 00:22:52
Document Modified: 2018-08-28 00:22:52
| 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 September 27, 2018. | |
| Contact | Laura Yannayon, EPA Region IX, (415) 972-3534, [email protected] | |
| FR Citation | 83 FR 43765 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; New Source Review; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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