Revisions to the California State Implementation Plan, South Coast Air Quality Management District, 78829-78831 [2011-32475]
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Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Rules and Regulations
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined and it has been
determined not to be a significant
regulatory action under Executive Order
12866.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule would not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. The
vast majority of VA loans are serviced
by very large financial companies. Only
a handful of small entities service VA
loans and they service only a very small
number of loans. This final rule, which
only impacts veterans, other individual
obligors with guaranteed loans, and
companies that service VA loans, will
have very minor economic impact on a
very small number of small entities
servicing such loans. Therefore,
pursuant to 5 U.S.C. 605(b), this rule is
exempt from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance number and title for the
program affected by this document is
64.114, Veterans Housing—Guaranteed
and Insured Loans.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on October 24, 2011, for
publication.
pmangrum on DSK3VPTVN1PROD with RULES
List of Subjects in 38 CFR Part 36
Condominiums, Handicapped,
Housing, Indians, Individuals with
disabilities, Loan programs—housing
and community development, Loan
programs—Indians, Loan programs—
veterans, Manufactured homes,
Mortgage insurance, Reporting and
recordkeeping requirements, Veterans.
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Jkt 226001
Dated: December 15, 2011.
Robert C. McFetridge,
Director of Regulation Policy and
Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reasons stated in the
preamble, VA amends 38 CFR part 36 as
follows:
PART 36—LOAN GUARANTY
1. The authority citation for part 36
continues to read as follows:
■
Authority: 38 U.S.C. 501 and as otherwise
noted.
2. Amend § 36.4315 by:
a. In paragraph (a)(8)(i) removing
‘‘executed’’ and adding, in its place,
‘‘approved’’.
■ b. In paragraph (a)(10) removing
‘‘canceled foreclosure;’’ and adding, in
its place, ‘‘canceled foreclosure; (subject
to the maximum amounts prescribed in
§ 36.4314)’’.
■
■
[FR Doc. 2011–32528 Filed 12–19–11; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0897; FRL–9499–9]
Revisions to the California State
Implementation Plan, South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the South
Coast Air Quality Management District
(SCAQMD) portion of the California
State Implementation Plan (SIP). This
revision concerns oxides of nitrogen
(NOX) and oxides of sulfur (SOx)
emissions from facilities emitting 4 tons
or more per year of NOX or SOx in the
year 1990 or any subsequent year under
the SCAQMD’s Regional Clean Air
Incentives Market (RECLAIM) program.
We are approving a local rule that
regulates these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: This rule is effective on February
21, 2012 without further notice, unless
EPA receives adverse comments by
January 19, 2012. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
SUMMARY:
PO 00000
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78829
OAR–2011–0897, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). 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: Lily
Wong, EPA Region IX, (415) 947–4114,
wong.lily@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule revision?
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Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Rules and Regulations
III. Statutory and Executive Order Reviews
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. EPA Recommendations To Further
Improve the Rule
D. Public Comment and Final Action
local air agency and submitted by the
California Air Resources Board (CARB).
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule we are approving
with the date that it was adopted by the
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
SCAQMD ........................................................
On October 24, 2011, EPA determined
that the submittal for SCAQMD Rule
2005 met the completeness criteria in 40
2005
Rule title
Adopted
New Source Review for RECLAIM ................
CFR Part 51 Appendix V, which must be
met before formal EPA review.
Submitted
06/03/11
09/27/11
B. Are there other versions of this rule?
Table 2 lists the previous version of
this rule approved into the SIP.
TABLE 2—CURRENT SIP APPROVED VERSION OF RULE
Rule title
2005 ................................................
pmangrum on DSK3VPTVN1PROD with RULES
Rule No.
New Source Review for RECLAIM
C. What is the purpose of the submitted
rule revision?
NOX helps produce ground-level
ozone, smog and particulate matter,
which harm human health and the
environment. Section 110(a) of the CAA
requires States to submit regulations
that control NOX emissions.
The RECLAIM program was initially
adopted by SCAQMD in October 1993.
The program established for many of the
largest NOX and SOx facilities in the
South Coast Air Basin a regional NOX
and regional SOx emissions cap and
trade program, with the regional
emissions caps declining over time until
2003. SCAQMD amended RECLAIM to
lower the NOX and SOx emissions caps
in 2005 and 2010 respectively. The
program was designed to provide
incentives for facilities to reduce
emissions and advance pollution
control technologies by giving facilities
added flexibility in meeting emission
reduction requirements. A NOX or SOx
RECLAIM Trading Credit (RTC) is a
limited authorization to emit one pound
of NOX or SOx during a specified one
year period. A RECLAIM facility’s
emissions may not exceed its RTC
holding in any compliance year. A
RECLAIM facility may comply with this
requirement by installing control
equipment, modifying their activities, or
purchasing RTCs from other facilities.
The purpose of Rule 2005 was to
address how the New Source Review
(NSR) program requirements would be
implemented in the context of a cap and
trade program. Rule 2005 sets forth the
pre-construction review requirements
for new or modified equipment or
processes at RECLAIM facilities.
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Jkt 226001
Adopted
Submitted
05/06/2005
The rule revision affects existing
RECLAIM facilities subject to Rule 2005
whose annual allocations 1 do not
exceed its 1994 starting allocation plus
non-tradable credits. While such
facilities are required to hold sufficient
RTCs to offset emissions increases by
the beginning of the first year, this rule
revision eliminates the requirement to
hold sufficient RTCs to offset emissions
increases at the beginning of the second
and subsequent years. SCAQMD states
that the primary purpose of the revision
to Rule 2005 was to alleviate the
disincentives to existing facilities to
modernize and replace older, more
polluting equipment with newer and
cleaner equipment.
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rule?
Generally, SIP rules must be
enforceable (see section 110(a) of the
Act), must require Reasonably Available
Control Technology (RACT) for each
category of sources covered by a Control
Techniques Guidelines (CTG) document
as well as each NOX or VOC major
source in nonattainment areas (see
sections 182(a)(2) and 182(f) of the Act),
and must not relax existing
requirements (see sections 110(l) and
193 of the Act). The SCAQMD regulates
an ozone nonattainment area classified
as extreme for the 8-hour ozone NAAQS
1 The RECLAIM program at Rule 2000(c)(3)
defines ‘‘allocation’’ as ‘‘the number of RECLAIM
Trading Credits (RTCs) [as defined in paragraph
(c)(63)] a RECLAIM facility holds for a specific
compliance year, as referenced in the Facility
Permit.’’ Consequently, ‘‘annual allocation’’ means
the amount of RTCs the facility holds for a
compliance year, as authorized by its permit.
PO 00000
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Approved FR citation
10/20/2005
08/29/2006, 71 FR 51120
(40 CFR 81.305), so the RECLAIM
Program must fulfill RACT.
Guidance and policy documents that
we use to evaluate enforceability and
RACT requirements consistently
include the following:
1. ‘‘State Implementation Plans; General
Preamble for the Implementation of Title
I of the Clean Air Act Amendments of
1990,’’ 57 FR 13498 (April 16, 1992); 57
FR 18070 (April 28, 1992).
2. ‘‘State Implementation Plans; Nitrogen
Oxides Supplement to the General
Preamble; Clean Air Act Amendments of
1990 Implementation of Title I; Proposed
Rule’’ (the NOX Supplement), 57 FR
55620, November 25, 1992.
3. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations,’’
EPA, May 25, 1988 (the Bluebook).
4. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
5. ‘‘Economic Incentive Programs—EPA
published the guidance, ‘‘Improving Air
Quality with Economic Incentive
Programs’’ on January 2001 (EPA–452/R–
01–001). The guidance available at
https://www.epa.gov/ttncaaa1/t1/meta/
m1201.html. This guidance applies to
discretionary economic incentive
programs (EIPs) and represents the
agency’s interpretation of what EIPs
should contain in order to meet the
requirements of the Clean Air Act.
Because this guidance is non-binding
and does not represent final agency
action, EPA is using the guidance as an
initial screen to determine whether
potential approvability issues arise.
B. Does the rule meet the evaluation
criteria?
We believe this rule is consistent with
the relevant policy and guidance
regarding enforceability and SIP
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Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Rules and Regulations
relaxations. While the CAA RACT
requirements apply to the RECLAIM
program as a whole, the requirements
do not specifically apply to Rule 2005
because Rule 2005 addresses the NSR
permit program requirements. In EPA’s
original approval of the RECLAIM
program, EPA determined that the
RECLAIM program met the CAA RACT
requirements. This amendment does not
change EPA’s previous determination.
This revision has no effect on allowable
emissions and would not result in
emissions increases. Furthermore, this
revision is consistent with EPA’s
original understanding of how the NSR
offset requirement would be
implemented in the RECLAIM program.
EPA’s November 8, 1996 limited
approval and limited disapproval of
RECLAIM (61 FR 57775) stated, ‘‘The
NSR offset requirements would only be
triggered if a particular facility exceeded
its initial RECLAIM allocation plus
nontradeable emission allocation.’’ (see
61 FR 57777) The Technical Support
Document (TSD) has more information
on our evaluation.
C. EPA recommendations to further
improve the rule
The TSD describes additional rule
revisions that we recommend for the
next time the local agency modifies the
RECLAIM rules.
pmangrum on DSK3VPTVN1PROD with RULES
D. Public comment and final action
As authorized in section 110(k)(3) of
the Act, EPA is fully approving the
submitted rule because we believe it
fulfills all relevant requirements. We do
not think anyone will object to this
approval, so we are finalizing it without
proposing it in advance. However, in
the Proposed Rules section of this
Federal Register,we are simultaneously
proposing approval of the same
submitted rules. If we receive adverse
comments by January 19, 2012, we will
publish a timely withdrawal in the
Federal Register to notify the public
that the direct final approval will not
take effect and we will address the
comments in a subsequent final action
based on the proposal. If we do not
receive timely adverse comments, the
direct final approval will be effective
without further notice on February 21,
2012. This will incorporate the rule into
the federally enforceable SIP.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
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78831
III. Statutory and Executive Order
Reviews
costs on tribal governments or preempt
tribal law.
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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 EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
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. 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).
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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.
Dated: November 18, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
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 52.220, is amended by
adding and reserving paragraph (c)(403)
and by adding paragraph (c)(404) to read
as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(404) New and amended regulations
for the following APCDs were submitted
on September 27, 2011, by the
Governor’s Designee.
(i) Incorporation by Reference
(A) South Coast Air Quality
Management District
(1) Rule 2005, ‘‘New Source Review
for RECLAIM,’’ amended on June 3,
2011.
[FR Doc. 2011–32475 Filed 12–19–11; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Rules and Regulations]
[Pages 78829-78831]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32475]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0897; FRL-9499-9]
Revisions to the California State Implementation Plan, South
Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
South Coast Air Quality Management District (SCAQMD) portion of the
California State Implementation Plan (SIP). This revision concerns
oxides of nitrogen (NOX) and oxides of sulfur
(SOx) emissions from facilities emitting 4 tons or more per
year of NOX or SOx in the year 1990 or any
subsequent year under the SCAQMD's Regional Clean Air Incentives Market
(RECLAIM) program. We are approving a local rule that regulates these
emission sources under the Clean Air Act as amended in 1990 (CAA or the
Act).
DATES: This rule is effective on February 21, 2012 without further
notice, unless EPA receives adverse comments by January 19, 2012. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0897, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). 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: Lily Wong, EPA Region IX, (415) 947-
4114, wong.lily@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revision?
[[Page 78830]]
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rule
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule we are approving with the date that it was
adopted by the local air agency and submitted by the California Air
Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD................................ 2005 New Source Review for 06/03/11 09/27/11
RECLAIM.
----------------------------------------------------------------------------------------------------------------
On October 24, 2011, EPA determined that the submittal for SCAQMD
Rule 2005 met the completeness criteria in 40 CFR Part 51 Appendix V,
which must be met before formal EPA review.
B. Are there other versions of this rule?
Table 2 lists the previous version of this rule approved into the
SIP.
Table 2--Current SIP Approved Version of Rule
----------------------------------------------------------------------------------------------------------------
Rule No. Rule title Adopted Submitted Approved FR citation
----------------------------------------------------------------------------------------------------------------
2005.............................. New Source Review for 05/06/2005 10/20/2005 08/29/2006, 71 FR
RECLAIM. 51120
----------------------------------------------------------------------------------------------------------------
C. What is the purpose of the submitted rule revision?
NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires States to submit regulations that
control NOX emissions.
The RECLAIM program was initially adopted by SCAQMD in October
1993. The program established for many of the largest NOX
and SOx facilities in the South Coast Air Basin a regional
NOX and regional SOx emissions cap and trade
program, with the regional emissions caps declining over time until
2003. SCAQMD amended RECLAIM to lower the NOX and
SOx emissions caps in 2005 and 2010 respectively. The
program was designed to provide incentives for facilities to reduce
emissions and advance pollution control technologies by giving
facilities added flexibility in meeting emission reduction
requirements. A NOX or SOx RECLAIM Trading Credit
(RTC) is a limited authorization to emit one pound of NOX or
SOx during a specified one year period. A RECLAIM facility's
emissions may not exceed its RTC holding in any compliance year. A
RECLAIM facility may comply with this requirement by installing control
equipment, modifying their activities, or purchasing RTCs from other
facilities.
The purpose of Rule 2005 was to address how the New Source Review
(NSR) program requirements would be implemented in the context of a cap
and trade program. Rule 2005 sets forth the pre-construction review
requirements for new or modified equipment or processes at RECLAIM
facilities.
The rule revision affects existing RECLAIM facilities subject to
Rule 2005 whose annual allocations \1\ do not exceed its 1994 starting
allocation plus non-tradable credits. While such facilities are
required to hold sufficient RTCs to offset emissions increases by the
beginning of the first year, this rule revision eliminates the
requirement to hold sufficient RTCs to offset emissions increases at
the beginning of the second and subsequent years. SCAQMD states that
the primary purpose of the revision to Rule 2005 was to alleviate the
disincentives to existing facilities to modernize and replace older,
more polluting equipment with newer and cleaner equipment.
---------------------------------------------------------------------------
\1\ The RECLAIM program at Rule 2000(c)(3) defines
``allocation'' as ``the number of RECLAIM Trading Credits (RTCs) [as
defined in paragraph (c)(63)] a RECLAIM facility holds for a
specific compliance year, as referenced in the Facility Permit.''
Consequently, ``annual allocation'' means the amount of RTCs the
facility holds for a compliance year, as authorized by its permit.
---------------------------------------------------------------------------
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each NOX or VOC major source in
nonattainment areas (see sections 182(a)(2) and 182(f) of the Act), and
must not relax existing requirements (see sections 110(l) and 193 of
the Act). The SCAQMD regulates an ozone nonattainment area classified
as extreme for the 8-hour ozone NAAQS (40 CFR 81.305), so the RECLAIM
Program must fulfill RACT.
Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule'' (the NOX Supplement), 57 FR
55620, November 25, 1992.
3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
4. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
5. ``Economic Incentive Programs--EPA published the guidance,
``Improving Air Quality with Economic Incentive Programs'' on
January 2001 (EPA-452/R-01-001). The guidance available at https://www.epa.gov/ttncaaa1/t1/meta/m1201.html. This guidance applies to
discretionary economic incentive programs (EIPs) and represents the
agency's interpretation of what EIPs should contain in order to meet
the requirements of the Clean Air Act. Because this guidance is non-
binding and does not represent final agency action, EPA is using the
guidance as an initial screen to determine whether potential
approvability issues arise.
B. Does the rule meet the evaluation criteria?
We believe this rule is consistent with the relevant policy and
guidance regarding enforceability and SIP
[[Page 78831]]
relaxations. While the CAA RACT requirements apply to the RECLAIM
program as a whole, the requirements do not specifically apply to Rule
2005 because Rule 2005 addresses the NSR permit program requirements.
In EPA's original approval of the RECLAIM program, EPA determined that
the RECLAIM program met the CAA RACT requirements. This amendment does
not change EPA's previous determination. This revision has no effect on
allowable emissions and would not result in emissions increases.
Furthermore, this revision is consistent with EPA's original
understanding of how the NSR offset requirement would be implemented in
the RECLAIM program. EPA's November 8, 1996 limited approval and
limited disapproval of RECLAIM (61 FR 57775) stated, ``The NSR offset
requirements would only be triggered if a particular facility exceeded
its initial RECLAIM allocation plus nontradeable emission allocation.''
(see 61 FR 57777) The Technical Support Document (TSD) has more
information on our evaluation.
C. EPA recommendations to further improve the rule
The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the RECLAIM rules.
D. Public comment and final action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rule because we believe it fulfills all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register,we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by January 19, 2012, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on February 21, 2012. This will incorporate the
rule into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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. 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.
Dated: November 18, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
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 52.220, is amended by adding and reserving paragraph
(c)(403) and by adding paragraph (c)(404) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(404) New and amended regulations for the following APCDs were
submitted on September 27, 2011, by the Governor's Designee.
(i) Incorporation by Reference
(A) South Coast Air Quality Management District
(1) Rule 2005, ``New Source Review for RECLAIM,'' amended on June
3, 2011.
[FR Doc. 2011-32475 Filed 12-19-11; 8:45 am]
BILLING CODE 6560-50-P