83 FR 5940 - Approval of California Air Plan Revisions, Mojave Desert Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 29 (February 12, 2018)
Federal Register Volume 83, Issue 29 (February 12, 2018)
| Page Range | 5940-5942 | |
| FR Document | 2018-02669 |
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)] [Rules and Regulations] [Pages 5940-5942] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02669] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0573; FRL-9973-55-Region 9] Approval of California Air Plan Revisions, Mojave Desert 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 Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from marine and pleasure craft coating operations. 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 March 14, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0573. 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 November 17, 2017 (82 FR 54307), the EPA proposed to approve the following rule into the California SIP. Table 1--Submitted Rule ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Amended Submitted ---------------------------------------------------------------------------------------------------------------- MDAQMD.......................... 1106 Marine and Pleasure Craft 10/24/2016 02/24/2017 Coating Operations. ---------------------------------------------------------------------------------------------------------------- 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 three comments stating, inter alia, that birds and bats are killed by wind and solar facilities, that federal agencies should address wildfire risks, and that California should regulate emissions from wildfires. These comments fail to identify any specific issue that is germane to our action on the Mojave Desert Marine and Pleasure Craft Coating Operations 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. In addition, the EPA is fixing typographical errors in Title 40 of the Code of Federal Regulations, Section 52.220, subparagraph (c)(350)(i). On June 30, 2017, the EPA took final action to approve an updated version of Great Basin Unified Air Pollution Control District Rule 431 into the California SIP (82 FR 29762). In that action, we [[Page 5941]] modified 40 CFR 52.220 by adding subparagraphs (c)(350)(i)(A)(3) and (c)(457)(i). Subparagraph (c)(350)(i)(A)(3) was inadvertently added following subparagraph (c)(350)(i)(B), when these two paragraphs should have been placed in the opposite order. In addition, subparagraph (c)(350)(i)(A)(3) contains the following text ``Previously approved on October 31, 2007 in paragraph (c)(350)(i)(A)(1) of this section and now deleted with replacement in paragraph (c)(457)(i)(I)(2) of this section, Rule 431, adopted on December 7, 1990 and revised on December 4, 2006.'' The cross-reference to subparagraph (c)(457)(i)(I)(2) is in error and should instead refer to subparagraph (c)(457)(i)(I)(1). Accordingly, in addition to adding new text located in subparagraph (c)(350)(i)(B)(3), we are re-ordering subparagraph (c)(350)(i) and correcting the cross-reference in subparagraph (c)(350)(i)(A)(3) to address these prior mistakes. These changes correct typographical errors, and do not substantively modify the regulatory text. 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 MDAQMD rule described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of 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 April 13, 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: January 18, 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 revising paragraphs (c)(350)(i)(A) and (B) and by adding paragraph (c)(498)(i)(B) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (350) * * * (i) Incorporation by reference. (A) Great Basin Unified Air Pollution Control District. (1) Rule 431, adopted on December 7, 1990 and revised on December 4, 2006. (2) Rule 401, ``Fugitive Dust'', adopted on September 5, 1974 and amended on December 04, 2006. (3) Previously approved on October 31, 2007 in paragraph (c)(350)(i)(A)(1) of this section and now deleted with replacement in paragraph (c)(457)(i)(I)(1) of this section, Rule 431, [[Page 5942]] adopted on December 7, 1990 and revised on December 4, 2006. (B) Mojave Desert Air Quality Management District. (1) Rule 444, adopted on October 8, 1976 and amended on September 25, 2006. (2) Rule 1106, Marine Coating Operations, adopted on August 28, 2006 and amended on October 23, 2006. (3) Previously approved on July 16, 2008 in paragraph (c)(350)(i)(B)(2) of this section and now deleted with replacement in (c)(498)(i)(B)(1), Rule 1106, adopted on August 28, 2006 and amended on October 23, 2006. * * * * * (498) * * * (i) * * * (B) Mojave Desert Air Quality Management District. (1) Rule 1106, ``Marine and Pleasure Craft Coating Operations,'' amended on October 24, 2016. [FR Doc. 2018-02669 Filed 2-9-18; 8:45 am] BILLING CODE 6560-50-P
![5940 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations
EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
Applicable State EPA
Name of geographic or submittal/ approval Explanation
SIP provision nonattainment effective date
area date
* * * * * * *
Arkansas Regional Haze Statewide ............ 10/31/2017 2/12/2018, [Insert Fed- Regional Haze SIP submittal addressing NOX
NOX SIP Revision. eral Register citation]. BART requirements for Arkansas EGUs and rea-
sonable progress requirements for NOX for the
first implementation period.
■ 3. In § 52.173, paragraphs (e) and (f) ENVIRONMENTAL PROTECTION Although listed in the index, some
are added to read as follows: AGENCY information is not publicly available,
e.g., Confidential Business Information
§ 52.173 Visibility protection. 40 CFR Part 52 (CBI) or other information whose
* * * * * [EPA–R09–OAR–2017–0573; FRL–9973–55- disclosure is restricted by statute.
(e) Measures addressing best available Region 9] Certain other material, such as
retrofit technology (BART) for electric copyrighted material, is not placed on
generating unit (EGU) emissions of Approval of California Air Plan the internet and will be publicly
Revisions, Mojave Desert Air Quality available only in hard copy form.
nitrogen oxides (NOX). The BART
Management District Publicly available docket materials are
requirements for EGU NOX emissions
available through http://
are satisfied by § 52.184 and the AGENCY: Environmental Protection
www.regulations.gov, or please contact
Arkansas Regional Haze NOX SIP Agency (EPA).
the person identified in the FOR FURTHER
Revision approved February 12, 2018, ACTION: Final rule.
INFORMATION CONTACT section for
[Insert Federal Register citation]. additional availability information.
SUMMARY: The Environmental Protection
(f) Other measures addressing Agency (EPA) is taking final action to FOR FURTHER INFORMATION CONTACT:
reasonable progress. The reasonable approve a revision to the Mojave Desert Arnold Lazarus, EPA Region IX, (415)
progress requirements for NOX Air Quality Management District 972- 3024, lazarus.arnold@epa.gov.
emissions are satisfied by the Arkansas (MDAQMD) portion of the California
Regional Haze NOX SIP Revision SUPPLEMENTARY INFORMATION:
State Implementation Plan (SIP). This
approved February 12, 2018, [Insert revision concerns emissions of volatile Throughout this document, ‘‘we,’’ ‘‘us’’
Federal Register citation]. organic compounds (VOCs) from marine and ‘‘our’’ refer to the EPA.
[FR Doc. 2018–02147 Filed 2–9–18; 8:45 am] and pleasure craft coating operations. Table of Contents
We are approving a local rule that
BILLING CODE 6560–50–P I. Proposed Action
regulates these emission sources under
II. Public Comments and EPA Responses
the Clean Air Act (CAA or the Act). III. EPA Action
DATES: This rule is effective on March IV. Incorporation by Reference
14, 2018. V. Statutory and Executive Order Reviews
ADDRESSES: The EPA has established a
I. Proposed Action
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0573. All On November 17, 2017 (82 FR 54307),
documents in the docket are listed on the EPA proposed to approve the
the http://www.regulations.gov website. following rule into the California SIP.
TABLE 1—SUBMITTED RULE
Local agency Rule No. Rule title Amended Submitted
MDAQMD .......... 1106 Marine and Pleasure Craft Coating Operations ........................................... 10/24/2016 02/24/2017
We proposed to approve this rule killed by wind and solar facilities, that Therefore, as authorized in section
because we determined that it complies federal agencies should address wildfire 110(k)(3) of the Act, the EPA is fully
with the relevant CAA requirements. risks, and that California should approving this rule into the California
Our proposed action contains more regulate emissions from wildfires. These SIP.
information on the rule and our comments fail to identify any specific In addition, the EPA is fixing
evaluation. issue that is germane to our action on typographical errors in Title 40 of the
the Mojave Desert Marine and Pleasure Code of Federal Regulations, Section
daltland on DSKBBV9HB2PROD with RULES
II. Public Comments and EPA
Craft Coating Operations Rule. 52.220, subparagraph (c)(350)(i). On
Responses
III. EPA Action June 30, 2017, the EPA took final action
The EPA’s proposed action provided to approve an updated version of Great
a 30-day public comment period. During No comments were submitted that Basin Unified Air Pollution Control
this period, we received three comments change our assessment of the rule as District Rule 431 into the California SIP
stating, inter alia, that birds and bats are described in our proposed action. (82 FR 29762). In that action, we
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![5942 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Rules and Regulations
adopted on December 7, 1990 and Docket Center (EPA/DC), West William objections and requests for a hearing
revised on December 4, 2006. Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
(B) Mojave Desert Air Quality Constitution Ave. NW, Washington, DC received by the Hearing Clerk on or
Management District. 20460–0001. The Public Reading Room before April 13, 2018. Addresses for
(1) Rule 444, adopted on October 8, is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections
1976 and amended on September 25, Monday through Friday, excluding legal and hearing requests are provided in 40
2006. holidays. The telephone number for the CFR 178.25(b).
(2) Rule 1106, Marine Coating Public Reading Room is (202) 566–1744, In addition to filing an objection or
Operations, adopted on August 28, 2006 and the telephone number for the OPP hearing request with the Hearing Clerk
and amended on October 23, 2006. Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please
(3) Previously approved on July 16, the visitor instructions and additional submit a copy of the filing (excluding
2008 in paragraph (c)(350)(i)(B)(2) of information about the docket available any Confidential Business Information
this section and now deleted with at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
replacement in (c)(498)(i)(B)(1), Rule FOR FURTHER INFORMATION CONTACT: Information not marked confidential
1106, adopted on August 28, 2006 and Michael L. Goodis, Registration Division pursuant to 40 CFR part 2 may be
amended on October 23, 2006. (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
* * * * * Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
(498) * * * Pennsylvania Ave. NW, Washington, DC objection or hearing request, identified
(i) * * * 20460–0001; main telephone number: by docket ID number EPA–HQ–OPP–
(B) Mojave Desert Air Quality (703) 305–7090; email address: 2016–0516, by one of the following
Management District. RDFRNotices@epa.gov. methods:
• Federal eRulemaking Portal: http://
(1) Rule 1106, ‘‘Marine and Pleasure SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online
Craft Coating Operations,’’ amended on
I. General Information instructions for submitting comments.
October 24, 2016.
Do not submit electronically any
[FR Doc. 2018–02669 Filed 2–9–18; 8:45 am] A. Does this action apply to me? information you consider to be CBI or
BILLING CODE 6560–50–P You may be potentially affected by other information whose disclosure is
this action if you are an agricultural restricted by statute.
producer, food manufacturer, or • Mail: OPP Docket, Environmental
ENVIRONMENTAL PROTECTION pesticide manufacturer. The following Protection Agency Docket Center (EPA/
AGENCY list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
Classification System (NAICS) codes is NW, Washington, DC 20460–0001.
40 CFR Part 180 • Hand Delivery: To make special
not intended to be exhaustive, but rather
[EPA–HQ–OPP–2016–0516; FRL–9972–36] provides a guide to help readers arrangements for hand delivery or
determine whether this document delivery of boxed information, please
Rimsulfuron; Pesticide Tolerances applies to them. Potentially affected follow the instructions at http://
AGENCY: Environmental Protection entities may include: www.epa.gov/dockets/contacts.html.
Agency (EPA). • Crop production (NAICS code 111). Additional instructions on
• Animal production (NAICS code commenting or visiting the docket,
ACTION: Final rule. along with more information about
112).
SUMMARY: This regulation establishes • Food manufacturing (NAICS code dockets generally, is available at http://
tolerances, including tolerances with 311). www.epa.gov/dockets.
regional registration, for residues of • Pesticide manufacturing (NAICS II. Summary of Petitioned-For
rimsulfuron in or on multiple code 32532). Tolerance
commodities that are identified and B. How can I get electronic access to In the Federal Register of Thursday,
discussed later in this document. In other related information? March 23, 2017 (82 FR 14846) (FRL–
addition, this regulation removes 9957–99), EPA issued a document
You may access a frequently updated
several previously established pursuant to FFDCA section 408(d)(3), 21
electronic version of EPA’s tolerance
tolerances that are superseded by this U.S.C. 346a(d)(3), announcing the filing
regulations at 40 CFR part 180 through
final rule. Interregional Research Project of a pesticide petition (PP 6E8496) by
the Government Printing Office’s e-CFR
Number 4 (IR–4) requested these IR–4 Headquarters, Rutgers, The State
site at http://www.ecfr.gov/cgi-bin/text-
tolerances under the Federal Food, University of New Jersey, 500 College
idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
Drug, and Cosmetic Act (FFDCA). Road East, Suite 201W, Princeton, NJ
40tab_02.tpl.
DATES: This regulation is effective 08540. The petition requested that 40
February 12, 2018. Objections and C. How can I file an objection or hearing CFR 180.478 be amended by
requests for hearings must be received request? establishing tolerances for residues of
on or before April 13, 2018, and must Under FFDCA section 408(g), 21 the herbicide rimsulfuron, N-[[(4,6-
be filed in accordance with the U.S.C. 346a, any person may file an dimethoxy-2-pyrimidinyl)amino]
instructions provided in 40 CFR part objection to any aspect of this regulation carbonyl]-3-(ethylsulfonyl)-2-
178 (see also Unit I.C. of the and may also request a hearing on those pyridinesulfonamide, in or on Berry,
SUPPLEMENTARY INFORMATION). objections. You must file your objection low growing, except strawberry,
ADDRESSES: The docket for this action, or request a hearing on this regulation subgroup 13–07H at 0.01 parts per
daltland on DSKBBV9HB2PROD with RULES
identified by docket identification (ID) in accordance with the instructions million (ppm); Fruit, citrus, group 10–
number EPA–HQ–OPP–2016–0516, is provided in 40 CFR part 178. To ensure 10 at 0.01 ppm; Fruit, pome, group 11–
available at http://www.regulations.gov proper receipt by EPA, you must 10 at 0.01 ppm; Fruit, small, vine
or at the Office of Pesticide Programs identify docket ID number EPA–HQ– climbing, except fuzzy kiwifruit,
Regulatory Public Docket (OPP Docket) OPP–2016–0516 in the subject line on subgroup 13–07F at 0.01 ppm; Fruit,
in the Environmental Protection Agency the first page of your submission. All stone, group 12–12 at 0.01 ppm; Nut,
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Document Created: 2018-11-01 08:42:32
Document Modified: 2018-11-01 08:42:32
| 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 March 14, 2018. | |
| Contact | Arnold Lazarus, EPA Region IX, (415) 972- 3024, [email protected] | |
| FR Citation | 83 FR 5940 | |
| 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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