83 FR 9213 - Approval of California Air Plan Revisions, Northern Sierra Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 43 (March 5, 2018)
Federal Register Volume 83, Issue 43 (March 5, 2018)
| Page Range | 9213-9215 | |
| FR Document | 2018-04316 |
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)] [Rules and Regulations] [Pages 9213-9215] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04316] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0404; FRL-9974-67-Region 9] Approval of California Air Plan Revisions, Northern Sierra Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Northern Sierra Air Quality Management District (NSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of particulate matter (PM) from wood burning devices. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on April 4, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0404. 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: Christine Vineyard, EPA Region IX, (415) 947-4125, [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 [[Page 9214]] V. Statutory and Executive Order Reviews I. Proposed Action On November 3, 2017 (82 FR 51178) the EPA proposed to approve the following rule into the California SIP. ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Adopted Submitted ---------------------------------------------------------------------------------------------------------------- NSAQMD, City of Portola.......... Ordinance No. 344, Wood Stove and 06/22/16 01/24/17 Municipal Code Chapter Fireplace 15.10 (except Ordinance. paragraphs 15.10.060(B), 15.10.090 and 15.10.100). ---------------------------------------------------------------------------------------------------------------- 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 18 comments. One commenter supported the proposed rulemaking. The remaining commenters generally raised issues that are outside of the scope of this rulemaking, including forest management, wildfire suppression, greenhouse-gas and other emissions from wildfires, the Cross-State Air Pollution Rule, and litigation fees. Commenters did not raise any specific issues germane to the approvability of the 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 City of Portola ordinance 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 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 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 pre-empt 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 4, 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, Particulate matter, Reporting and recordkeeping requirements. [[Page 9215]] Dated: February 7, 2018. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California 0 2. Section 52.220 is amended by adding paragraph (c)(497)(i)(C) to read as follows: Sec. 52.220 Identification of plan-in part. * * * * * (c) * * * (497) * * * (i) * * * (C) Northern Sierra Air Quality Management District. (1) City of Portola. (i) Ordinance No. 344, Portola Municipal Code, Chapter 15.10, ``Wood Stove and Fireplace Ordinance,'' adopted June 22, 2016, except paragraphs 15.10.060(B) and sections 15.10.090 and 15.10.100. * * * * * [FR Doc. 2018-04316 Filed 3-2-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations 9213
required before the adoptive child’s adoption was handled by a qualified from the Office of Management and
placement. adoption agency include: Budget)
(4) ‘‘Qualified adoption agency’’ (i) A copy of placement agreement [FR Doc. 2018–04245 Filed 3–2–18; 8:45 am]
means any of the following: from the adoption agency showing the BILLING CODE 8320–01–P
(i) A State or local government agency agreement entered into between the
which has responsibility under State or member and the agency.
local law for child placement through (ii) A letter from the adoption agency
stating that the agency arranged the ENVIRONMENTAL PROTECTION
adoption.
(ii) A nonprofit, voluntary adoption adoption and that the agency is a AGENCY
agency which is authorized by State or licensed child placing agency in the 40 CFR Part 52
local law to place children for adoption. United States.
(iii) Any other source authorized by a (iii) Receipts for payment to the [EPA–R09–OAR–2017–0404; FRL–9974–67–
State to provide adoption placement if adoption agency, as well as proof, (e.g., Region 9]
the adoption is supervised by a court a copy of the agency’s web page), of the
under State or local law. agency’s status as a for-profit or non- Approval of California Air Plan
(iv) A foreign government or an profit licensed child placing agency. Revisions, Northern Sierra Air Quality
agency authorized by a foreign (4) For foreign adoptions, Management District
government to place children for documentation to show that the AGENCY: Environmental Protection
adoption, in any case in which: adoption was handled by a qualified Agency (EPA).
(A) The adopted child is entitled to adoption agency. In addition to the ACTION: Final rule.
automatic citizenship under section 320 forms of acceptable proof that the
of the Immigration and Nationality Act adoption was handled by a qualified SUMMARY: The Environmental Protection
(8 U.S.C. 1431); or adoption agency listed in paragraph Agency (EPA) is taking final action to
(B) A certificate of citizenship has (d)(3) of this section, the documentation approve a revision to the Northern
been issued for such child under section must also include: Sierra Air Quality Management District
322 of that Act (8 U.S.C. 1433). (i) A document that describes the (NSAQMD) portion of the California
(d) Applying for reimbursement of mission of the foreign agency and its State Implementation Plan (SIP). This
qualifying adoption expenses. An authority from the foreign government revision concerns emissions of
application for reimbursement must be to place children for adoption; and particulate matter (PM) from wood
submitted on a form prescribed for such (ii) A placement agreement from the burning devices. We are approving a
purpose by VA. Information and adoption agency or letter from the local rule that regulates these emission
documentation must include: adoption agency stating the specific sources under the Clean Air Act (CAA
(1) A copy of the final adoption services it provided for the adoption. or the Act).
decree, certificate or court order (5) Documentation to substantiate DATES: This rule will be effective on
granting the adoption. For U.S. reasonable and necessary expenses paid April 4, 2018.
adoptions, the court order must be by the covered veteran. Acceptable
ADDRESSES: The EPA has established a
signed by a judge unless either State law forms of documentation include
or local court rules authorize that the receipts, cancelled checks, or a letter docket for this action under Docket ID
adoption order may be signed by a from the adoption agency showing the No. EPA–R09–OAR–2017–0404. All
commissioner, magistrate or court amount paid by the member. Receipts documents in the docket are listed on
referee. The covered veteran must from a foreign entity should include the the http://www.regulations.gov website.
submit a full English translation of any U.S. currency equivalency. Although listed in the index, some
foreign language document, to include Reconstruction of expense records is information is not publicly available,
the translator’s certification that he or permissible when the original records e.g., Confidential Business Information
she is competent to translate the foreign are unavailable and the covered veteran (CBI) or other information whose
language to English and that his or her submits a notarized affidavit stating the disclosure is restricted by statute.
translation is complete and correct. costs. Certain other material, such as
(2) For foreign adoptions, proof of (6) Checking or savings account copyrighted material, is not placed on
U.S. citizenship of the child, including information to facilitate VA providing the internet and will be publicly
any of the following: reimbursement to the covered veteran available only in hard copy form.
(i) A copy of Certificate of under this section. Publicly available docket materials are
Citizenship. (e) Failure to establish eligibility. If available through http://
(ii) A copy of a U.S. court order that documents submitted by a covered www.regulations.gov, or please contact
recognizes the foreign adoption, or veteran in support of an application for the person identified in the FOR FURTHER
documents the re-adopting of the child reimbursement do not establish INFORMATION CONTACT section for
in the United States. eligibility for reimbursement or justify additional availability information.
(iii) A letter from the United States claimed expenses, VA will retain the FOR FURTHER INFORMATION CONTACT:
Citizenship and Immigration Services, application and advise the covered Christine Vineyard, EPA Region IX,
which states the status of the child’s veteran of additional documentation (415) 947–4125, vineyard.christine@
adoption. needed. All requested documentation epa.gov.
(iv) A copy of the child’s U.S. must be submitted to VA within 90 SUPPLEMENTARY INFORMATION:
passport (page with personal calendar days of VA request. Throughout this document, ‘‘we,’’ ‘‘us’’
sradovich on DSK3GMQ082PROD with RULES
information only). (f) Authority. Authority to provide and ‘‘our’’ refer to the EPA.
(3) For U.S. adoptions, documentation reimbursement for qualifying adoption
to show that the adoption was handled expenses incurred by a covered veteran Table of Contents
by a qualified adoption agency or other in the adoption of a child under 18 I. Proposed Action
source authorized by a State or local law years of age expires September 30, 2018. II. Public Comments and EPA Responses
to provide adoption placement. (Approval for information collection III. EPA Action
Acceptable forms of proof that the under this section has been requested IV. Incorporation by Reference
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Dated: February 7, 2018. Pursuant to the Clean Air Act (CAA), submissions, and general guidance on
Alexis Strauss, the VT DEC submitted a request for making effective comments, please visit
Acting Regional Administrator, Region IX. approval to implement and enforce the http://www.epa.gov/dockets/
Perchloroethylene Dry Cleaning Rule of commenting-epa-dockets.
Part 52, chapter I, title 40 of the Code
the Vermont Air Pollution Control FOR FURTHER INFORMATION CONTACT:
of Federal Regulations is amended as
Regulations as a partial substitution for Susan Lancey, Air Permits, Toxics, and
follows:
the National Emissions Standards for Indoor Programs Unit, U.S.
PART 52—APPROVAL AND Hazardous Air Pollutants for Environmental Protection Agency, EPA
PROMULGATION OF Perchloroethylene Dry Cleaning New England Regional Office, 5 Post
IMPLEMENTATION PLANS Facilities (Dry Cleaning NESHAP), as it Office Square—Suite 100, (Mail code
applies to area sources. EPA has OEP05–2), Boston, MA 02109–3912,
■ 1. The authority citation for part 52 reviewed this request and has telephone number 617–918–1656,
continues to read as follows: determined that the Vermont lancey.susan@epa.gov.
Authority: 42 U.S.C. 7401 et seq.
Perchloroethylene Dry Cleaning Rule SUPPLEMENTARY INFORMATION:
satisfies the requirements necessary for Throughout this document whenever
Subpart F—California partial rule substitution. Thus, EPA is ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
hereby granting VT DEC’s request. This EPA.
■ 2. Section 52.220 is amended by action does not affect the authority of
adding paragraph (c)(497)(i)(C) to read any party to implement and enforce the Table of Contents
as follows: Dry Cleaning NESHAP with respect to I. General Information
major source dry cleaners. This A. Why is the EPA using a direct final rule?
§ 52.220 Identification of plan-in part. approval makes the Vermont B. Does this direct final rule apply to me?
* * * * * Perchloroethylene Dry Cleaning Rule C. What should I consider as I prepare my
(c) * * * federally enforceable in Vermont. comments for the EPA?
(497) * * * II. Background
DATES: This direct final rule will be III. What requirements must a State rule meet
(i) * * * effective June 4, 2018, unless EPA to substitute for a Section 112 rule?
(C) Northern Sierra Air Quality receives adverse comments by April 4, IV. What if any material differences exist
Management District. 2018. If EPA receives adverse comment, between the Vermont Dry Cleaning Rule
(1) City of Portola. EPA will publish a timely withdrawal of and the Dry Cleaning NESHAP and what
(i) Ordinance No. 344, Portola the direct final rule in the Federal is EPA’s evaluation?
Municipal Code, Chapter 15.10, ‘‘Wood Register informing the public that the A. What are the differences in
Stove and Fireplace Ordinance,’’ applicability?
rule will not take effect. The B. How does the Vermont Dry Cleaning
adopted June 22, 2016, except incorporation by reference of certain Rule address the control requirements?
paragraphs 15.10.060(B) and sections publications listed in the rule is C. How do the monitoring requirements
15.10.090 and 15.10.100. approved by the Director of the Federal differ?
* * * * * Register as of June 4, 2018. D. What are the differences in reporting
[FR Doc. 2018–04316 Filed 3–2–18; 8:45 am]
ADDRESSES: Submit your comments,
and recordkeeping?
BILLING CODE 6560–50–P E. Is the State’s submittal separable?
identified by Docket ID No. EPA–R01– F. What is EPA’s action regarding the
OAR–2017–0343 at http:// Vermont Dry Cleaning Rule?
www.regulations.gov, or via email to V. Final Action
ENVIRONMENTAL PROTECTION
lancey.susan@epa.gov. For comments VI. Incorporation by Reference
AGENCY VII. Statutory and Executive Order Reviews
submitted at Regulations.gov, follow the
online instructions for submitting VIII. Judicial Reviews
40 CFR Part 63
comments. Once submitted, comments I. General Information
[EPA–R01–OAR–2017–0343; A–1–FRL– cannot be edited or removed from
9972–97–Region 1] Regulations.gov. For either manner of A. Why is the EPA using a direct final
submission, the EPA may publish any rule?
Approval of Section 112(l) Authority for
comment received to its public docket. The EPA is publishing this action
Hazardous Air Pollutants;
Do not submit electronically any without prior proposal because the
Perchloroethylene Air Emission
information you consider to be Agency views this as a noncontroversial
Standards for Dry Cleaning Facilities;
Confidential Business Information (CBI) submittal and anticipates no adverse
State of Vermont
or other information whose disclosure is comments. However, in the proposed
AGENCY: Environmental Protection restricted by statute. Multimedia rules section of this Federal Register
Agency (EPA). submissions (audio, video, etc.) must be publication, EPA is publishing a
ACTION: Direct final rule. accompanied by a written comment. separate document that will serve as the
The written comment is considered the proposal to approve the state rule
SUMMARY: The Environmental Protection official comment and should include should adverse comments be filed.
Agency (EPA) is taking direct final discussion of all points you wish to If the EPA receives such comments,
action to grant the Vermont Department make. The EPA will generally not then EPA will publish a notice
of Environmental Conservation (VT consider comments or comment withdrawing the direct final rule and
DEC) the authority to implement and contents located outside of the primary informing the public that the rule will
sradovich on DSK3GMQ082PROD with RULES
enforce, with respect to area sources submission (i.e., on the web, cloud, or not take effect. All public comments
only, the Vermont Perchloroethylene other file sharing system). For received will then be addressed in a
Dry Cleaning Rule in place of the additional submission methods, please subsequent final rule based on the
National Emissions Standards for contact the person identified in the FOR proposed rule. The EPA will not
Hazardous Air Pollutants for FURTHER INFORMATION CONTACT section. institute a second comment period on
Perchloroethylene Dry Cleaning For the full EPA public comment policy, the proposed rule. All parties interested
Facilities (Dry Cleaning NESHAP). information about CBI or multimedia in commenting on the proposed rule
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Document Created: 2018-03-03 02:45:52
Document Modified: 2018-03-03 02:45:52
| 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 April 4, 2018. | |
| Contact | Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected] | |
| FR Citation | 83 FR 9213 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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