Limited Federal Implementation Plan; Prevention of Significant Deterioration; California; North Coast Unified Air Quality Management District, 48006-48009 [2011-19897]
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48006
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Rules and Regulations
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).
L. Petitions for Review of This Action
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 October 7, 2011.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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).)
[EPA–R09–OAR–2011–0211; FRL–9448–5]
Limited Federal Implementation Plan;
Prevention of Significant Deterioration;
California; North Coast Unified Air
Quality Management District
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.220 is amended by
paragraph (c)(386)(ii)(A)(4) to read as
follows:
■
Identification of plan.
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(c) * * *
(386) * * *
(ii) * * *
(A) * * *
(4) 2007 Transport SIP at pages 21–22
(Attachment A) (‘‘Evaluation of
interference with Prevention of
Significant Deterioration Measures of
any other State’’).
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■ 3. Section 52.283 is amended by
adding paragraph (a)(3) to read as
follows:
Interstate Transport.
(a) * * * (3) The requirements of
section 110(a)(2)(D)(i)(II) regarding
interference with any other state’s
measures required under title I, part C
18:19 Aug 05, 2011
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing a limited
Federal Implementation Plan (FIP) for
the North Coast Unified Air Quality
Management District (NCUAQMD)
portion of the California State
Implementation Plan (SIP). We
proposed this action simultaneously
with our proposed limited approval and
limited disapproval of a SIP revision
submitted by California to address the
‘‘transport SIP’’ provisions of Clean Air
Act (CAA) section 110(a)(2)(D)(i) for the
1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS or
standards) and the 1997 fine particulate
matter (PM2.5) NAAQS (2007 Transport
SIP) (76 FR 31263, May 31, 2011). This
limited FIP establishes Federal
Prevention of Significant Deterioration
(PSD) permitting requirements for
nitrogen oxides (NOX) emission sources
only in the NCUAQMD.
DATES: Effective Date: This rule is
effective on September 7, 2011.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2011–0211 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
SUMMARY:
PART 52—[AMENDED]
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BILLING CODE 6560–50–P
40 CFR Part 52
Dated: July 25, 2011.
Keith Takata,
Acting Regional Administrator, Region IX.
§ 52.283
[FR Doc. 2011–19898 Filed 8–5–11; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
Air pollution control, Incorporation
by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, and
Volatile organic compounds.
§ 52.220
of the Clean Air Act to prevent
significant deterioration of air quality,
except that these requirements are not
fully met in the Air Pollution Control
Districts (APCDs) or Air Quality
Management Districts (AQMDs) listed in
ths paragraph.
(i) Amador County APCD
(ii) Butte County AQMD
(iii) Calaveras County APCD
(iv) Feather River AQMD
(v) Northern Sierra AQMD
(vi) Mariposa County APCD
(vii) Tuolumne County APCD
(viii) North Coast Unified AQMD
(ix) All other areas in California that are
subject to the Federal PSD program as
provided in 40 CFR 52.270.
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EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents are listed at https://www.
regulations.gov, some information may
be publicly available only at the hard
copy location (e.g., copyrighted
material, large maps, multi-volume
reports), and some may not be publicly
available in either location (e.g.,
Confidential Business Information). To
inspect the hard copy materials, please
schedule an appointment during normal
business hours with the contact listed in
the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Rory
Mays, Air Planning Office (AIR–2), U.S.
Environmental Protection Agency,
Region IX, (415) 972–3227, mays.rory@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On May 31, 2011 (76 FR 31263), EPA
proposed a limited approval and limited
disapproval of California’s 2007
Transport SIP with respect to the
requirement in CAA section
110(a)(2)(D)(i)(II) that each SIP contain
adequate measures prohibiting
emissions of air pollutants in amounts
which will interfere with other States’
measures required under title I, part C
of the CAA to prevent significant
deterioration of air quality. We refer to
this requirement as ‘‘element (3)’’ of
section 110(a)(2)(D)(i). Simultaneously,
EPA proposed a limited FIP for the
NCUAQMD to address certain
requirements of ‘‘element (3)’’ of section
110(a)(2)(D)(i) that California’s 2007
Transport SIP failed to satisfy. EPA
proposed this limited FIP because of a
statutory duty that we were obligated
under the terms of a Consent Decree to
meet by July 10, 2011, unless we
approved a SIP meeting the applicable
requirements by that date.1 This
Consent Decree deadline has been
extended by stipulation to July 29,
2011.2
Specifically, for the NCUAQMD, we
proposed to disapprove California’s
1 See WildEarth Guardians v. U.S. EPA (Case No.
4:09–CV–02453–CW), Consent Decree dated
November 10, 2009, as amended by Notice of
Stipulated Extensions to Consent Decree Deadlines,
dated April 28, 2011, and Notice of Stipulated
Extension to Consent Decree Deadline, dated July
7, 2011.
2 See ibid.
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2007 Transport SIP with respect to
element (3) of CAA section
110(a)(2)(D)(i) for the 1997 8-hour ozone
NAAQS because the NCUAQMD’s SIPapproved PSD permit program does not
explicitly identify NOX as an ozone
precursor. Although California recently
submitted a PSD SIP revision to EPA for
the NCUAQMD to address this
requirement,3 we noted in our proposed
rule that we would not be able to act on
this SIP revision in time to meet our
July 10, 2011 consent decree deadline.
We proposed, therefore, to promulgate a
limited PSD FIP for the NCUAQMD
based on the provisions of 40 CFR 52.21
regulating NOX as an ozone precursor.
We noted that EPA would retain
authority to implement the applicable
requirements of 40 CFR 52.21 for NOX
emission sources in NCUAQMD (unless
and until EPA delegates such authority
to the District), while the District would
retain authority to continue
implementing any existing SIPapproved PSD requirements. We also
noted that this limited FIP would apply
only until EPA approves a PSD SIP
revision for the NCUAQMD addressing
this requirement.
II. Public Comments
EPA’s proposed action provided a
30-day public comment period. During
this period, we received no comments
on this element of our proposed action.
III. EPA Action
Under CAA section 110(c)(1) and for
the reasons discussed in our May 31,
2011 proposed rule, we are finalizing
the limited PSD FIP for the NCUAQMD
as proposed. The CAA authority for EPA
to promulgate a FIP is found in CAA
section 110(c)(1), which provides—
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The Administrator shall promulgate a
Federal implementation plan at any time
within 2 years after the Administrator—(B)
disapproves a State implementation plan
submission in whole or in part * * * unless
the State corrects the deficiency, and [EPA]
approves the plan or plan revision, before the
Administrator promulgates such [FIP].
In a separate action published in
today’s Federal Register, EPA finalized
the limited approval and limited
disapproval of California’s 2007
Transport SIP, including the
disapproval with respect to the
NCUAQMD because of the identified
deficiency in its SIP-approved PSD
program. Accordingly, under CAA
3 By letter dated February 28, 2011, California
submitted a revised NSD/PSD rule (Rule 110, New
Source Review (NSR) and Prevention of Significant
Deterioration (PSD)) for approval into the
NCUAQMD portion of the California SIP. The
NCUAQMD adopted this amended rule on
December 9, 2010.
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sections 110(c)(1) and for the reasons set
forth in our May 31, 2011 proposed rule,
we are finalizing a limited PSD FIP for
the NCUAQMD. This action
incorporates the provisions of EPA’s
Federal PSD program at 40 CFR 52.21,
as they apply to new or modified major
sources of NOX as precursors to ozone,
into the NCUAQMD portion of the
California SIP.
EPA currently implements a partial
PSD FIP for certain types of projects
located in the NCUAQMD. See 40 CFR
52.270(b)(2). The limited PSD FIP
promulgated today adds new and
modified major sources of NOX
emissions to the list of projects that are
already subject to the Federal PSD
Program as provided in 40 CFR
52.270(b)(2). Thus, EPA will implement
the applicable requirements of 40 CFR
52.21 for major NOX emission sources in
North Coast, unless and until EPA
delegates such authority to the District
pursuant to 40 CFR 52.21(u). The
District, however, retains authority to
continue implementing any existing
SIP-approved PSD requirements.
This limited PSD FIP will apply only
until EPA approves a PSD SIP revision
for NCUAQMD meeting the PSD
requirements applicable to NOX
emissions as precursors to ozone, at
which time EPA will rescind this
limited FIP.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This final action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under Executive
Order 12866 and 13563 (76 FR 3821,
January 21, 2011).
B. Paperwork Reduction Act
This final action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Burden is
defined at 5 CFR 1320.3(b).
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
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include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this action on small entities, small
entity is defined as: (1) A small business
that is a small industrial entity as
defined in the U.S. Small Business
Administration (SBA) size standards
(see 13 CFR 121.201); (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district, or special district with a
population of less than 50,000; or (3) a
small organization that is any not-forprofit enterprise that is independently
owned and operated and is not
dominant in its field.
In the case of North Coast, EPA has
not yet proposed to approve the SIP
revision necessary to make NOX a
precursor to ozone in the context of PSD
permitting. For this area, EPA is
establishing a narrow FIP to fill the gap
with respect to the PSD requirement to
address NOX as a precursor to ozone. To
EPA’s knowledge, in the past ten years
there has been no more than one small
entity in this area subject to PSD
permitting requirements for NOX
emissions, and this is not a substantial
number of entities. EPA does not
anticipate that there will be additional
sources that would require such a
permit in the future, and EPA is not
required to analyze theoretical future
impacts. It would be speculative to
estimate potential impacts on sources
based solely on theoretical future
sources.
After considering the economic
impacts of this rule on small entities, I
certify that this final action will not
have a significant economic impact on
a substantial number of small entities.
Although this rule establishes Federal
permitting requirements that may apply
to a small number of sources, EPA
believes that in such an event, there will
not be a significant economic impact on
the potentially affected sources and that
any such impacts would not affect a
substantial number of sources,
regardless of size.
D. Unfunded Mandates Reform Act
This final action contains no federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA, 2 U.S.C. 1531–
1538) for state, local or tribal
governments or the private sector. The
action imposes no enforceable duty on
any state, local or tribal governments or
the private sector. This action merely
prescribes EPA’s action in an area for
which EPA has disapproved the 2007
Transport SIP in part and not yet
approved a corrective SIP revision.
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Thus, this rule is not subject to the
requirements of sections 202 or 205 of
UMRA.
This final action is also not subject to
the requirements of section 203 of
UMRA because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
action merely prescribes EPA’s action in
an area for which EPA has disapproved
the 2007 Transport SIP in part and not
yet approved a corrective SIP revision.
E. Executive Order 13132: Federalism
This final action does not have
federalism implications. It will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This action
merely prescribes EPA’s action in an
area for which EPA has disapproved the
2007 Transport SIP in part and not yet
approved a corrective SIP revision.
Thus, Executive Order 13132 does not
apply to this action.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This final action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). This action does not impose a FIP
in any tribal area. Thus, Executive Order
13175 does not apply to this action.
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G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets EO 13045 (62 FR
19885, April 23, 1997) as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the EO has the potential to influence the
regulation. This final action is not
subject to EO 13045 because it merely
prescribes EPA’s action in an area for
which EPA has disapproved the 2007
Transport SIP in part and not yet
approved a corrective SIP revision.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
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104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards. This rulemaking
does not involve technical standards.
Therefore, EPA did not consider the use
of any voluntary consensus standards.
cannot take effect until 60 days after it
is published in the Federal Register.
This final action is not a ‘‘major rule’’
as defined by 5 U.S.C. section 804(2).
This rule will be effective on September
7, 2011.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This rule merely
prescribes EPA’s action in an area for
which EPA has disapproved the 2007
Transport SIP in part and not yet
approved a corrective SIP revision.
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 October 7, 2011.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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)).
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. section 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. EPA will submit a report
containing this rule 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
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L. Determination Under Section 307(d)
Pursuant to section 307(d)(1)(B) of the
CAA, this action is subject to the
provisions of section 307(d). Section
307(d)(1)(B) provides that the provisions
of section 307(d) apply to ‘‘the
promulgation or revision of an
implementation plan by the
Administrator under section 110(c) of
this Act.’’
M. Petitions for Judicial Review
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental
protection, Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone.
Dated: July 29, 2011.
Lisa P. Jackson,
Administrator.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—-[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.270 is amended by
adding paragraph (b)(2)(iv) to read as
follows:
■
§ 52.270
quality.
Significant deterioration of air
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(b) * * *
(2) * * *
(iv) Those projects which are major
stationary sources or major
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modifications for nitrogen oxides as
precursors to ozone under § 52.21.
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[FR Doc. 2011–19897 Filed 8–5–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Table of Contents
49 CFR Part 571
[Docket No. NHTSA–2007–28322]
RIN 2127–AL00
Federal Motor Vehicle Safety
Standards; Lamps, Reflective Devices,
and Associated Equipment
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; response to petitions
for reconsideration.
AGENCY:
On December 4, 2007,
NHTSA published a final rule that
amended the Federal motor vehicle
safety standard for lamps, reflective
devices, and associated equipment with
an effective date of September 1, 2008.
In response, the agency received
thirteen petitions for reconsideration.
The effective date of the final rule was
delayed in subsequent notices to
December 1, 2012. This document
corrects several technical errors in the
final rule and completes the agency’s
response to the issues raised in the
submitted petitions for reconsideration.
DATES: Effective Date: The final rule is
effective December 1, 2012. The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register as of December 1, 2012.
Compliance Date: Voluntary early
compliance is permitted beginning
August 8, 2011.
Petitions for Reconsideration:
Petitions for reconsideration of this final
rule must be received not later than
September 22, 2011.
ADDRESSES: Any petitions for
reconsideration should refer to the
docket number of this document and be
submitted to: Administrator, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue, SE., West
Building, Ground Floor, Docket Room
W12–140, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
For technical issues: Mr. Markus
Price, Office of Crash Avoidance
Standards (NVS–121), NHTSA, 1200
New Jersey Avenue, SE., West Building,
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SUMMARY:
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Washington, DC 20590 (Telephone:
(202) 366–0098) (Fax: (202) 366–7002).
For legal issues: Mr. Thomas Healy,
Office of the Chief Counsel (NCC–112),
NHTSA, 1200 New Jersey Avenue, SE.,
West Building, Washington, DC 20590
(Telephone: (202) 366–2992) (Fax: (202)
366–3820).
SUPPLEMENTARY INFORMATION:
I. Executive Summary
II. Background
III. Petitions for Reconsideration
A. Definitions
B. Technical Amendments
C. Claims of Substantive Amendment
D. Amendments To Improve Clarity
IV. Agency Analysis and Response
A. Definitions
B. Technical Amendments
C. Claims of Substantive Amendment
D. Amendments To Improve Clarity
E. Preemptive Effect of FMVSS No. 108
V. Rulemaking Analyses and Notices
48009
discussion of the preemptive effect of
FMVSS No. 108 included in the
preamble of the final rule. After careful
review and consideration of the
petitions for reconsideration, the agency
is amending FMVSS No. 108 in order to
correct technical errors within the final
rule and is providing a partial response
to petitions for reconsideration
including the submission addressing the
preemptive effect of the rule. The
remaining items in the petitions for
reconsideration, which include
substantive issues and are not addressed
within this partial response, will be
addressed in a separate notice. We
expect to publish that notice before the
final rule effective date of December 1,
2012.
II. Background
NHTSA published a Notice of
Proposed Rulemaking (NPRM) on
December 30, 2005 2 proposing to
reorganize FMVSS No. 108 and improve
I. Executive Summary
the clarity of the standard’s
On December 4, 2007 NHTSA
requirements, thereby increasing its
published a final rule 1 that amended
utility for regulated parties. The
Federal Motor Vehicle Safety Standard
proposed administrative rewrite
(FMVSS) No. 108, Lamps, reflective
attempted to make the standard more
devices, and associated equipment. That understandable by adopting a simplified
final rule reorganized the regulatory text numbering scheme to improve
and explicitly added to the text existing organization; by grouping related
requirements from third-party standards materials in a more logical and
that had previously been incorporated
consistent sequence; and by reducing
by reference. In rewriting the standard
the certification burden of regulated
NHTSA sought not to make any
parties who previously needed to
substantive changes or impose new
review a few dozen third-party
requirements on regulated parties. The
documents.
objectives of the rewrite were to: (1)
From a regulatory perspective, it was
Make requirements easier to find and
the agency’s intention, as expressed in
comprehend; (2) present performance
the NPRM, that the administrative
requirements and test procedures
rewrite of FMVSS No. 108 would
together in one place, instead of obliging neither result in any current obligations
the user to locate the relevant provisions being diminished, nor any new
of third-party documents previously
obligations being imposed. In other
incorporated by reference; and (3)
words, the substantive requirements of
update FMVSS No. 108 to reflect
the standard would be identical to those
significant letters of interpretation. The
of the currently-applicable version of
rewrite of FMVSS No. 108 was
FMVSS No. 108 and underlying
considered administrative in nature
documents incorporated by reference.
because the standard’s existing
Therefore, we stated that regulated
requirements and obligations were not
parties would not need to make any
increased, decreased, or substantively
changes to their respective products or
modified.
production processes if our proposal
The agency received several petitions were made final.
The agency considered comments
for reconsideration which stated some
aspects of the final rule failed to adhere
received on the NPRM and published a
to the agency’s stated goal of not
final rule on December 4, 2007. The
final rule incorporated some of the
substantively modifying the standard’s
comments received in response to the
existing requirements. Also, the agency
NPRM by further consolidating test
received petitions for reconsideration
that identified formatting and
procedures and performance
grammatical errors. In addition to the
requirements from multiple tables to
single paragraphs, incorporating
petitions addressing the technical
additional Society of Automotive
aspects of the standard, the agency also
received a submission questioning the
Engineers (SAE) documents directly
1 72
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FR 68234, (Dec. 4, 2007).
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FR 77454, (Dec. 30, 2005).
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Agencies
[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Rules and Regulations]
[Pages 48006-48009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19897]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0211; FRL-9448-5]
Limited Federal Implementation Plan; Prevention of Significant
Deterioration; California; North Coast Unified Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing a limited Federal Implementation Plan (FIP)
for the North Coast Unified Air Quality Management District (NCUAQMD)
portion of the California State Implementation Plan (SIP). We proposed
this action simultaneously with our proposed limited approval and
limited disapproval of a SIP revision submitted by California to
address the ``transport SIP'' provisions of Clean Air Act (CAA) section
110(a)(2)(D)(i) for the 1997 8-hour ozone National Ambient Air Quality
Standards (NAAQS or standards) and the 1997 fine particulate matter
(PM2.5) NAAQS (2007 Transport SIP) (76 FR 31263, May 31,
2011). This limited FIP establishes Federal Prevention of Significant
Deterioration (PSD) permitting requirements for nitrogen oxides
(NOX) emission sources only in the NCUAQMD.
DATES: Effective Date: This rule is effective on September 7, 2011.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0211 for
this action. Generally, documents in the docket for this action are
available electronically at https://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents are listed at https://www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps, multi-volume reports), and
some may not be publicly available in either location (e.g.,
Confidential Business Information). To inspect the hard copy materials,
please schedule an appointment during normal business hours with the
contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Rory Mays, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3227,
mays.rory@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On May 31, 2011 (76 FR 31263), EPA proposed a limited approval and
limited disapproval of California's 2007 Transport SIP with respect to
the requirement in CAA section 110(a)(2)(D)(i)(II) that each SIP
contain adequate measures prohibiting emissions of air pollutants in
amounts which will interfere with other States' measures required under
title I, part C of the CAA to prevent significant deterioration of air
quality. We refer to this requirement as ``element (3)'' of section
110(a)(2)(D)(i). Simultaneously, EPA proposed a limited FIP for the
NCUAQMD to address certain requirements of ``element (3)'' of section
110(a)(2)(D)(i) that California's 2007 Transport SIP failed to satisfy.
EPA proposed this limited FIP because of a statutory duty that we were
obligated under the terms of a Consent Decree to meet by July 10, 2011,
unless we approved a SIP meeting the applicable requirements by that
date.\1\ This Consent Decree deadline has been extended by stipulation
to July 29, 2011.\2\
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\1\ See WildEarth Guardians v. U.S. EPA (Case No. 4:09-CV-02453-
CW), Consent Decree dated November 10, 2009, as amended by Notice of
Stipulated Extensions to Consent Decree Deadlines, dated April 28,
2011, and Notice of Stipulated Extension to Consent Decree Deadline,
dated July 7, 2011.
\2\ See ibid.
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Specifically, for the NCUAQMD, we proposed to disapprove
California's
[[Page 48007]]
2007 Transport SIP with respect to element (3) of CAA section
110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS because the NCUAQMD's
SIP-approved PSD permit program does not explicitly identify
NOX as an ozone precursor. Although California recently
submitted a PSD SIP revision to EPA for the NCUAQMD to address this
requirement,\3\ we noted in our proposed rule that we would not be able
to act on this SIP revision in time to meet our July 10, 2011 consent
decree deadline. We proposed, therefore, to promulgate a limited PSD
FIP for the NCUAQMD based on the provisions of 40 CFR 52.21 regulating
NOX as an ozone precursor. We noted that EPA would retain
authority to implement the applicable requirements of 40 CFR 52.21 for
NOX emission sources in NCUAQMD (unless and until EPA
delegates such authority to the District), while the District would
retain authority to continue implementing any existing SIP-approved PSD
requirements. We also noted that this limited FIP would apply only
until EPA approves a PSD SIP revision for the NCUAQMD addressing this
requirement.
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\3\ By letter dated February 28, 2011, California submitted a
revised NSD/PSD rule (Rule 110, New Source Review (NSR) and
Prevention of Significant Deterioration (PSD)) for approval into the
NCUAQMD portion of the California SIP. The NCUAQMD adopted this
amended rule on December 9, 2010.
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II. Public Comments
EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments on this element of our
proposed action.
III. EPA Action
Under CAA section 110(c)(1) and for the reasons discussed in our
May 31, 2011 proposed rule, we are finalizing the limited PSD FIP for
the NCUAQMD as proposed. The CAA authority for EPA to promulgate a FIP
is found in CAA section 110(c)(1), which provides--
The Administrator shall promulgate a Federal implementation plan
at any time within 2 years after the Administrator--(B) disapproves
a State implementation plan submission in whole or in part * * *
unless the State corrects the deficiency, and [EPA] approves the
plan or plan revision, before the Administrator promulgates such
[FIP].
In a separate action published in today's Federal Register, EPA
finalized the limited approval and limited disapproval of California's
2007 Transport SIP, including the disapproval with respect to the
NCUAQMD because of the identified deficiency in its SIP-approved PSD
program. Accordingly, under CAA sections 110(c)(1) and for the reasons
set forth in our May 31, 2011 proposed rule, we are finalizing a
limited PSD FIP for the NCUAQMD. This action incorporates the
provisions of EPA's Federal PSD program at 40 CFR 52.21, as they apply
to new or modified major sources of NOX as precursors to
ozone, into the NCUAQMD portion of the California SIP.
EPA currently implements a partial PSD FIP for certain types of
projects located in the NCUAQMD. See 40 CFR 52.270(b)(2). The limited
PSD FIP promulgated today adds new and modified major sources of
NOX emissions to the list of projects that are already
subject to the Federal PSD Program as provided in 40 CFR 52.270(b)(2).
Thus, EPA will implement the applicable requirements of 40 CFR 52.21
for major NOX emission sources in North Coast, unless and
until EPA delegates such authority to the District pursuant to 40 CFR
52.21(u). The District, however, retains authority to continue
implementing any existing SIP-approved PSD requirements.
This limited PSD FIP will apply only until EPA approves a PSD SIP
revision for NCUAQMD meeting the PSD requirements applicable to
NOX emissions as precursors to ozone, at which time EPA will
rescind this limited FIP.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This final action is not a ``significant regulatory action'' under
the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under Executive Order 12866 and
13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This final action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. Burden is defined at 5 CFR 1320.3(b).
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this action on small
entities, small entity is defined as: (1) A small business that is a
small industrial entity as defined in the U.S. Small Business
Administration (SBA) size standards (see 13 CFR 121.201); (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district, or special district with a population of less than
50,000; or (3) a small organization that is any not-for-profit
enterprise that is independently owned and operated and is not dominant
in its field.
In the case of North Coast, EPA has not yet proposed to approve the
SIP revision necessary to make NOX a precursor to ozone in
the context of PSD permitting. For this area, EPA is establishing a
narrow FIP to fill the gap with respect to the PSD requirement to
address NOX as a precursor to ozone. To EPA's knowledge, in
the past ten years there has been no more than one small entity in this
area subject to PSD permitting requirements for NOX
emissions, and this is not a substantial number of entities. EPA does
not anticipate that there will be additional sources that would require
such a permit in the future, and EPA is not required to analyze
theoretical future impacts. It would be speculative to estimate
potential impacts on sources based solely on theoretical future
sources.
After considering the economic impacts of this rule on small
entities, I certify that this final action will not have a significant
economic impact on a substantial number of small entities. Although
this rule establishes Federal permitting requirements that may apply to
a small number of sources, EPA believes that in such an event, there
will not be a significant economic impact on the potentially affected
sources and that any such impacts would not affect a substantial number
of sources, regardless of size.
D. Unfunded Mandates Reform Act
This final action contains no federal mandates under the provisions
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C.
1531-1538) for state, local or tribal governments or the private
sector. The action imposes no enforceable duty on any state, local or
tribal governments or the private sector. This action merely prescribes
EPA's action in an area for which EPA has disapproved the 2007
Transport SIP in part and not yet approved a corrective SIP revision.
[[Page 48008]]
Thus, this rule is not subject to the requirements of sections 202 or
205 of UMRA.
This final action is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments. This action
merely prescribes EPA's action in an area for which EPA has disapproved
the 2007 Transport SIP in part and not yet approved a corrective SIP
revision.
E. Executive Order 13132: Federalism
This final action does not have federalism implications. It will
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This action merely prescribes
EPA's action in an area for which EPA has disapproved the 2007
Transport SIP in part and not yet approved a corrective SIP revision.
Thus, Executive Order 13132 does not apply to this action.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This final action does not have tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). This action
does not impose a FIP in any tribal area. Thus, Executive Order 13175
does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This final action is not subject
to EO 13045 because it merely prescribes EPA's action in an area for
which EPA has disapproved the 2007 Transport SIP in part and not yet
approved a corrective SIP revision.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This rulemaking
does not involve technical standards. Therefore, EPA did not consider
the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule merely prescribes EPA's action in an area for
which EPA has disapproved the 2007 Transport SIP in part and not yet
approved a corrective SIP revision.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. section 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. EPA will submit a report containing this
rule 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 final action is not a ``major rule'' as defined by 5
U.S.C. section 804(2). This rule will be effective on September 7,
2011.
L. Determination Under Section 307(d)
Pursuant to section 307(d)(1)(B) of the CAA, this action is subject
to the provisions of section 307(d). Section 307(d)(1)(B) provides that
the provisions of section 307(d) apply to ``the promulgation or
revision of an implementation plan by the Administrator under section
110(c) of this Act.''
M. Petitions for Judicial Review
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 October 7, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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
Air pollution control, Environmental protection, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone.
Dated: July 29, 2011.
Lisa P. Jackson,
Administrator.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52---[AMENDED]
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 52.270 is amended by adding paragraph (b)(2)(iv) to read as
follows:
Sec. 52.270 Significant deterioration of air quality.
* * * * *
(b) * * *
(2) * * *
(iv) Those projects which are major stationary sources or major
[[Page 48009]]
modifications for nitrogen oxides as precursors to ozone under Sec.
52.21.
* * * * *
[FR Doc. 2011-19897 Filed 8-5-11; 8:45 am]
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