Revisions to the California State Implementation Plan, South Coast Air Quality Management District, 13495-13496 [2012-5385]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0875; FRL–9626–6]
Revisions to the California State
Implementation Plan, South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing approval of
revisions to the South Coast Air Quality
Management District (SCAQMD) portion
of the California State Implementation
Plan (SIP). These revisions were
proposed in the Federal Register on
November 22, 2011 and concern
particulate matter (PM) emissions from
paved and unpaved roads and livestock
SUMMARY:
Local agency
Rule No.
SCAQMD ................................
1157
SCAQMD ................................
1186
We proposed to approve these rules
because we determined that they
complied with the relevant CAA
requirements. Our proposed action
contains more information on the rules
and our evaluation.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received no comments.
srobinson on DSK4SPTVN1PROD with RULES
III. EPA Action
No comments were submitted that
change our assessment that the
submitted rules comply with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving these rules
into the California SIP.
IV. 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
VerDate Mar<15>2010
16:19 Mar 06, 2012
operations and aggregate and related
operations. We are approving local rules
that regulate these emission sources
under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: Effective Date: This rule is
effective on April 6, 2012.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2011–0875 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 in the docket 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, multivolume reports), and some may not be
available in either location (e.g.,
confidential business information
Jkt 226001
(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:
Christine Vineyard, EPA Region IX,
(415) 947–4125,
vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On November 22, 2011 (76 FR 72142),
EPA proposed to approve the following
rules into the California SIP.
Rule title
Adopted
PM10 Emission Reduction from Aggregate and Related Operations.
PM10 Emissions from Paved and Unpaved Roads and Livestock Operations.
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
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
13495
Submitted
09/06/06
05/17/10
07/11/08
12/23/08
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.
E:\FR\FM\07MRR1.SGM
07MRR1
13496
Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 7, 2012.
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.
Dated: January 13, 2012.
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 paragraphs (c)(364)(i)(B)(2) and
(379)(i)(A)(5) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(364) * * *
(i) * * *
(B) * * *
(2) Rule 1186, ‘‘PM10 Emissions from
Paved and Unpaved Roads and
Livestock Operations,’’ amended on July
11, 2008.
*
*
*
*
*
(379) * * *
(i) * * *
(A) * * *
(5) Rule 1157, ‘‘PM10 Emission
Reductions from Aggregate and Related
Operations,’’ adopted on September 6,
2006.
*
*
*
*
*
[FR Doc. 2012–5385 Filed 3–6–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 131
[EPA–HQ–OW–2009–0596; FRL–9637–1]
RIN 2040–AF36
Effective Date for the Water Quality
Standards for the State of Florida’s
Lakes and Flowing Waters
Environmental Protection
Agency (EPA).
ACTION: Final rule; delay of effective
date.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing an extension
of the March 6, 2012 effective date of
the ‘‘Water Quality Standards for the
State of Florida’s Lakes and Flowing
Waters; Final Rule’’ (inland waters rule)
for four months to July 6, 2012. EPA’s
inland waters rule included an effective
date of March 6, 2012 for the entire
regulation except for the site-specific
alternative criteria provision, which
took effect on February 4, 2011. This
revision of the effective date for the
inland waters rule does not affect or
change the February 4, 2011 effective
date for the site-specific alternative
criteria provision.
DATES: This final rule is effective on
March 6, 2012. The effective date of
§ 131.43, revised on December 6, 2010
(75 FR 75805), effective March 6, 2012,
is delayed until July 6, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–OW–2011–0466. All
documents in the docket are listed on
SUMMARY:
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information of which
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 either electronically through
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA West Room
3334, 1301 Constitution Avenue NW.,
Washington, DC 20004, Attention:
Docket ID No. EPA–HQ–OW–2009–
0596. The Office of Water (OW) Docket
Center is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The OW Docket Center
telephone number is 202–566–1744.
The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is 202–566–1744.
For
information concerning this rulemaking,
contact: Tracy Bone, U.S. EPA, Office of
Water, Mailcode 4305T, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; telephone number 202–564–
5257; email address:
bone.tracy@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
Does this action apply to me?
Citizens concerned with water quality
in Florida may be interested in this
rulemaking. Entities discharging
nitrogen or phosphorus to lakes and
flowing waters of Florida could be
indirectly affected by this rulemaking
because water quality standards (WQS)
are used in determining National
Pollutant Discharge Elimination System
(NPDES) permit limits. Categories and
entities that may ultimately be affected
include:
Category
Examples of potentially affected entities
Industry ....................................................
Municipalities ...........................................
Industries discharging pollutants to lakes and flowing waters in the State of Florida.
Publicly-owned treatment works discharging pollutants to lakes and flowing waters in the State of
Florida.
Entities responsible for managing stormwater runoff in Florida.
srobinson on DSK4SPTVN1PROD with RULES
Stormwater Management Districts ..........
This table is not intended to be
exhaustive, but rather provides a guide
for entities that may be directly or
indirectly affected by this action. This
table lists the types of entities of which
VerDate Mar<15>2010
16:19 Mar 06, 2012
Jkt 226001
EPA is now aware that potentially could
be affected by this action. Other types of
entities not listed in the table, such as
nonpoint source contributors to
nitrogen/phosphorus pollution in
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Florida’s waters may be indirectly
affected through implementation of
Florida’s water quality standards
program (i.e., through Basin
Management Action Plans (BMAPs)).
E:\FR\FM\07MRR1.SGM
07MRR1
]]>Agencies
[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Rules and Regulations]
[Pages 13495-13496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5385]
[[Page 13495]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0875; FRL-9626-6]
Revisions to the California State Implementation Plan, South
Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing approval of revisions to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on November 22, 2011 and concern particulate matter (PM)
emissions from paved and unpaved roads and livestock operations and
aggregate and related operations. We are approving local rules that
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: Effective Date: This rule is effective on April 6, 2012.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0875 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 in the docket 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 available in either location (e.g.,
confidential business information (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: Christine Vineyard, EPA Region IX,
(415) 947-4125, vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On November 22, 2011 (76 FR 72142), EPA proposed to approve the
following rules into the California SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD............................. 1157 PM10 Emission Reduction 09/06/06 05/17/10
from Aggregate and Related
Operations.
SCAQMD............................. 1186 PM10 Emissions from Paved 07/11/08 12/23/08
and Unpaved Roads and
Livestock Operations.
----------------------------------------------------------------------------------------------------------------
We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the California SIP.
IV. 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.
[[Page 13496]]
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 7, 2012. 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.
Dated: January 13, 2012.
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 paragraphs (c)(364)(i)(B)(2) and
(379)(i)(A)(5) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(364) * * *
(i) * * *
(B) * * *
(2) Rule 1186, ``PM10 Emissions from Paved and Unpaved
Roads and Livestock Operations,'' amended on July 11, 2008.
* * * * *
(379) * * *
(i) * * *
(A) * * *
(5) Rule 1157, ``PM10 Emission Reductions from Aggregate
and Related Operations,'' adopted on September 6, 2006.
* * * * *
[FR Doc. 2012-5385 Filed 3-6-12; 8:45 am]
BILLING CODE 6560-50-P
