83 FR 64026 - Revisions to California State Implementation Plan; South Coast Air Quality Management District, San Joaquin Valley Air Pollution Control District and Yolo-Solano Air Quality Management; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 239 (December 13, 2018)
Federal Register Volume 83, Issue 239 (December 13, 2018)
| Page Range | 64026-64027 | |
| FR Document | 2018-26921 |
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)] [Rules and Regulations] [Pages 64026-64027] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26921] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2018-0587; FRL-9986-16-Region 9] Revisions to California State Implementation Plan; South Coast Air Quality Management District, San Joaquin Valley Air Pollution Control District and Yolo-Solano Air Quality Management; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing action on three state implementation plan (SIP) revisions submitted by the State of California addressing the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). These SIP revisions address the South Coast Air Quality Management District (SCAQMD), San Joaquin Valley Air Pollution Control District (SJVAPCD) and Yolo-Solano Air Quality Management District (YSAQMD) portions of the California SIP. DATES: This rule is effective on January 14, 2019. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2018-0587. 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 9, (415) 972-3534, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' refer to EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On August 20, 2018 (83 FR 42063), the EPA proposed to approve the SIP revisions listed in Table 1, addressing the NNSR requirements for the 2008 8-hour ozone NAAQS for the SCAQMD, SJVAPCD and YSAQMD. Table 1--Submitted Certification Letters ------------------------------------------------------------------------ District Adoption date Submittal date ------------------------------------------------------------------------ South Coast AQMD........................ 7/7/2017 11/16/17 San Joaquin Valley APCD................. 4/19/18 6/19/18 Yolo-Solano AQMD........................ 3/14/18 6/19/18 ------------------------------------------------------------------------ We proposed approval of these SIP revisions because we determined that the 2008 ozone certification submitted for each district fulfills the 40 CFR 51.1114 revision requirement and meets the requirements of Clean Air Act (CAA) section 110 and the minimum SIP requirements of 40 CFR 51.165. 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 on the proposed rule. None of those comments are germane to our evaluation of the submitted 2008 ozone certifications for each district. III. EPA Action No comments were submitted that change our assessment of the 2008 ozone certifications as described in our proposed action. Therefore, as [[Page 64027]] authorized in section 110(k)(3) of the Act, the EPA is approving these certifications into the California SIP as proposed. IV. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 24, 2018. Michael Stoker, 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)(510) and (511) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (510) New additional materials for the following APCD was submitted on November 16, 2017 by the Governor's designee. (i) [Reserved] (ii) Additional materials. (A) South Coast Air Quality Management District. (1) ``Nonattainment New Source Review (NSR) Compliance Demonstration for the 2008 Ozone National Ambient Air Quality Standard (NAAQS),'' adopted July 7, 2017. (2) [Reserved] (511) New additional materials for the following APCD's were submitted on June 19, 2018 by the Governor's designee. (i) [Reserved] (ii) Additional materials. (A) San Joaquin Valley Air Pollution Control District. (1) ``Certification that the San Joaquin Valley Unified Air Pollution Control District's Current NNSR Program Addresses the 2008 Ozone NAAQS SIP Requirements Rule,'' adopted April 19, 2018. (2) [Reserved] (B) Yolo-Solano Air Quality Management District. (1) ``Certification that Yolo-Solano's Existing NNSR Program meets the 2008 Ozone NAAQS SIP Requirements Rule,'' adopted March 14, 2018. (2) [Reserved] [FR Doc. 2018-26921 Filed 12-12-18; 8:45 am] BILLING CODE 6560-50-P
![64026 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations
of the human environment and, (b) The regulations. (1) No person, (NAAQS). These SIP revisions address
therefore, preparation of an vessel, watercraft, conveyance or device the South Coast Air Quality
environmental impact statement will shall enter or cause to enter or remain Management District (SCAQMD), San
not be required. An environmental in this area. No person shall refuse or Joaquin Valley Air Pollution Control
assessment will be prepared after the fail to remove any person or property in District (SJVAPCD) and Yolo-Solano Air
public notice period is closed and all his custody or under his control from Quality Management District
comments have been received and this area upon the request of the (YSAQMD) portions of the California
considered. If no adverse comments are Commanding Officer of Military Ocean SIP.
received, the environmental assessment Terminal Concord or his/her authorized
will be prepared before the effective representative. DATES: This rule is effective on January
date. After the environmental (2) The regulations in this section 14, 2019.
assessment is prepared, it may be shall be enforced by the Commanding ADDRESSES: The EPA has established a
reviewed at the District office listed at Officer, Military Ocean Terminal docket for this action under Docket ID
the end of the FOR FURTHER INFORMATION Concord, and such agencies as he/she No. EPA–R09–OAR–2018–0587. All
CONTACT, above. shall designate. documents in the docket are listed on
d. Unfunded Mandates Act. The Dated: December 6, 2018. the http://www.regulations.gov website.
direct final rule does not impose an Thomas P. Smith, Although listed in the index, some
enforceable duty among the private Chief, Operations and Regulatory Division information is not publicly available,
sector and, therefore, are not a Federal Directorate of Civil Works. e.g., Confidential Business Information
private sector mandate and are not [FR Doc. 2018–27031 Filed 12–12–18; 8:45 am] or other information whose disclosure is
subject to the requirements of Section BILLING CODE 3720–58–P
restricted by statute. Certain other
202 or 205 of the Unfunded Mandates material, such as copyrighted material,
Reform Act (Public Laws 104–4, 109 is not placed on the internet and will be
Stat. 48, 2 U.S.C. 1501 et seq.). We have ENVIRONMENTAL PROTECTION publicly available only in hard copy
also found under Section 203 of the Act, AGENCY form. Publicly available docket
that small governments will not be materials are available through http://
significantly or uniquely affected by this 40 CFR Part 52 www.regulations.gov, or please contact
rulemaking. the person identified in the FOR FURTHER
[EPA–R09–OAR–2018–0587; FRL–9986–16– INFORMATION CONTACT section for
List of Subjects in 33 CFR Part 334 Region 9]
additional availability information.
Danger zones, Navigation (water), Revisions to California State FOR FURTHER INFORMATION CONTACT:
Restricted areas, Waterways. Implementation Plan; South Coast Air Laura Yannayon, EPA Region 9, (415)
For the reasons set out in the Quality Management District, San 972–3534, yannayon.laura@epa.gov.
preamble, the Corps amends 33 CFR Joaquin Valley Air Pollution Control
SUPPLEMENTARY INFORMATION:
part 334 as follows: District and Yolo-Solano Air Quality
Management; Nonattainment New Throughout this document, the terms
PART 334—DANGER ZONE AND Source Review Requirements for the ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
RESTRICTED AREA REGULATIONS 2008 8-Hour Ozone Standard Table of Contents
■ 1. The authority citation for part 334 AGENCY: Environmental Protection I. Proposed Action
Agency (EPA). II. Public Comments and EPA Responses
continues to read as follows: III. EPA Action
ACTION: Final rule.
Authority: 40 Stat. 266 (33 U.S.C. 1) and IV. Statutory and Executive Order Reviews
40 Stat. 892 (33 U.S.C. 3). SUMMARY: The Environmental Protection I. Proposed Action
■ 2. Amend § 334.1110 by revising the Agency (EPA) is finalizing action on
section heading and paragraph (b) to three state implementation plan (SIP) On August 20, 2018 (83 FR 42063),
read as follows: revisions submitted by the State of the EPA proposed to approve the SIP
California addressing the nonattainment revisions listed in Table 1, addressing
§ 334.1110 Military Ocean Terminal new source review (NNSR) the NNSR requirements for the 2008 8-
Concord; restricted area. requirements for the 2008 8-hour ozone hour ozone NAAQS for the SCAQMD,
(a) * * * National Ambient Air Quality Standards SJVAPCD and YSAQMD.
TABLE 1—SUBMITTED CERTIFICATION LETTERS
District Adoption date Submittal date
South Coast AQMD ................................................................................................................................................. 7/7/2017 11/16/17
San Joaquin Valley APCD ....................................................................................................................................... 4/19/18 6/19/18
Yolo-Solano AQMD ................................................................................................................................................. 3/14/18 6/19/18
We proposed approval of these SIP II. Public Comments and EPA of the submitted 2008 ozone
revisions because we determined that Responses certifications for each district.
amozie on DSK3GDR082PROD with RULES
the 2008 ozone certification submitted
The EPA’s proposed action provided III. EPA Action
for each district fulfills the 40 CFR
51.1114 revision requirement and meets a 30-day public comment period. During No comments were submitted that
the requirements of Clean Air Act (CAA) this period, we received three comments change our assessment of the 2008
section 110 and the minimum SIP on the proposed rule. None of those ozone certifications as described in our
requirements of 40 CFR 51.165. comments are germane to our evaluation proposed action. Therefore, as
VerDate Sep<11>2014 16:44 Dec 12, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1](https://thefederalregister.org/doc/83_FR_64265/page/1.svg)
![Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations 64027
authorized in section 110(k)(3) of the methods, under Executive Order 12898 November 16, 2017 by the Governor’s
Act, the EPA is approving these (59 FR 7629, February 16, 1994). designee.
certifications into the California SIP as In addition, the SIP is not approved (i) [Reserved]
proposed. to apply on any Indian reservation land (ii) Additional materials. (A) South
or in any other area where the EPA or Coast Air Quality Management District.
IV. Statutory and Executive Order (1) ‘‘Nonattainment New Source
an Indian tribe has demonstrated that a
Reviews Review (NSR) Compliance
tribe has jurisdiction. In those areas of
Under the CAA, the Administrator is Indian country, the rule does not have Demonstration for the 2008 Ozone
required to approve a SIP submission tribal implications and will not impose National Ambient Air Quality Standard
that complies with the provisions of the substantial direct costs on tribal (NAAQS),’’ adopted July 7, 2017.
Act and applicable Federal regulations. governments or preempt tribal law as (2) [Reserved]
42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 (511) New additional materials for the
Thus, in reviewing SIP submissions, the FR 67249, November 9, 2000). following APCD’s were submitted on
EPA’s role is to approve state choices, June 19, 2018 by the Governor’s
The Congressional Review Act, 5
provided that they meet the criteria of designee.
U.S.C. 801 et seq., as added by the Small
the CAA. Accordingly, this action (i) [Reserved]
Business Regulatory Enforcement (ii) Additional materials. (A) San
merely approves state law as meeting Fairness Act of 1996, generally provides Joaquin Valley Air Pollution Control
Federal requirements and does not that before a rule may take effect, the District.
impose additional requirements beyond agency promulgating the rule must (1) ‘‘Certification that the San Joaquin
those imposed by state law. For that submit a rule report, which includes a Valley Unified Air Pollution Control
reason, this action: copy of the rule, to each House of the District’s Current NNSR Program
• Is not a significant regulatory action Congress and to the Comptroller General Addresses the 2008 Ozone NAAQS SIP
subject to review by the Office of of the United States. The EPA will Requirements Rule,’’ adopted April 19,
Management and Budget under submit a report containing this action 2018.
Executive Orders 12866 (58 FR 51735, and other required information to the (2) [Reserved]
October 4, 1993) and 13563 (76 FR 3821, U.S. Senate, the U.S. House of (B) Yolo-Solano Air Quality
January 21, 2011); Representatives, and the Comptroller Management District.
• Is not an Executive Order 13771 (82 General of the United States prior to (1) ‘‘Certification that Yolo-Solano’s
FR 9339, February 2, 2017) regulatory publication of the rule in the Federal Existing NNSR Program meets the 2008
action because SIP approvals are Register. A major rule cannot take effect Ozone NAAQS SIP Requirements Rule,’’
exempted under Executive Order 12866; until 60 days after it is published in the adopted March 14, 2018.
• Does not impose an information Federal Register. This action is not a (2) [Reserved]
collection burden under the provisions ‘‘major rule’’ as defined by 5 U.S.C. [FR Doc. 2018–26921 Filed 12–12–18; 8:45 am]
of the Paperwork Reduction Act (44 804(2). BILLING CODE 6560–50–P
U.S.C. 3501 et seq.);
List of Subjects in 40 CFR Part 52
• Is certified as not having a
significant economic impact on a Environmental protection, Air ENVIRONMENTAL PROTECTION
substantial number of small entities pollution control, Incorporation by AGENCY
under the Regulatory Flexibility Act (5 reference, Intergovernmental relations,
U.S.C. 601 et seq.); Nitrogen dioxide, Ozone, Reporting and 40 CFR Part 180
• Does not contain any unfunded recordkeeping requirements, Volatile
mandate or significantly or uniquely organic compounds. [EPA–HQ–OPP–2017–0288 and EPA–
affect small governments, as described HQ–OPP–2017–0283; FRL–9986–73]
Dated: October 24, 2018.
in the Unfunded Mandates Reform Act Michael Stoker,
of 1995 (Pub. L. 104–4); 6-Benzyladenine; Pesticide Tolerances
Regional Administrator, Region IX.
• Does not have Federalism AGENCY: Environmental Protection
implications as specified in Executive Part 52, Chapter I, Title 40 of the Code Agency (EPA).
Order 13132 (64 FR 43255, August 10, of Federal Regulations is amended as
ACTION: Final rule.
1999); follows:
• Is not an economically significant SUMMARY: This regulation establishes
PART 52—APPROVAL AND tolerances for residues of 6-
regulatory action based on health or
PROMULGATION OF benzyladenine in or on avocados,
safety risks subject to Executive Order
IMPLEMENTATION PLANS peppers, tomatoes, cucumbers, melons,
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action ■ 1. The authority citation for Part 52
and squash. Interregional Research
subject to Executive Order 13211 (66 FR Project Number 4 and Valent
continues to read as follows:
28355, May 22, 2001); BioSciences LLC have requested these
Authority: 42 U.S.C. 7401 et seq.
• Is not subject to requirements of tolerances under the Federal Food,
Section 12(d) of the National Drug, and Cosmetic Act (FFDCA).
Subpart F—California
Technology Transfer and Advancement DATES: This regulation is effective
Act of 1995 (15 U.S.C. 272 note) because ■ 2. Section 52.220 is amended by December 13, 2018. Objections and
application of those requirements would adding paragraphs (c)(510) and (511) to requests for hearings must be received
be inconsistent with the Clean Air Act; read as follows: on or before February 11, 2019, and
amozie on DSK3GDR082PROD with RULES
and must be filed in accordance with the
• Does not provide the EPA with the § 52.220 Identification of plan—in part. instructions provided in 40 CFR part
discretionary authority to address, as * * * * * 178 (see also Unit I.C. of the
appropriate, disproportionate human (c) * * * SUPPLEMENTARY INFORMATION).
health or environmental effects, using (510) New additional materials for the ADDRESSES: The dockets for this action,
practicable and legally permissible following APCD was submitted on identified by docket identification (ID)
VerDate Sep<11>2014 16:44 Dec 12, 2018 Jkt 247001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1](https://thefederalregister.org/doc/83_FR_64265/page/2.svg)
Document Created: 2018-12-13 01:15:20
Document Modified: 2018-12-13 01:15:20
| 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 January 14, 2019. | |
| Contact | Laura Yannayon, EPA Region 9, (415) 972-3534, [email protected] | |
| FR Citation | 83 FR 64026 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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