Revisions to the California State Implementation Plan, Mojave Desert Air Quality Management District (MDAQMD) and Yolo-Solano Air Quality Management District (YSAQMD), 39181-39182 [2012-16060]

Download as PDF Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations 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: Christine Vineyard, EPA Region IX, (415) 947–4125, vineyard.christine@epa. gov. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. Dated: June 11, 2012. Jared Blumenfeld, Regional Administrator, Region IX. Accordingly, the amendment to 40 CFR 52.220 published in the Federal Register on June 1, 2012 (77 FR 32398) which was to become effective on July 31, 2012 is withdrawn. [FR Doc. 2012–15724 Filed 6–29–12; 8:45 am] BILLING CODE P Local agency 1165 2.43 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. pmangrum on DSK3VPTVN1PROD with RULES III. EPA Action No comments were submitted. 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 15:02 Jun 29, 2012 40 CFR Part 52 [EPA–R09–OAR–2012–0027; FRL–9686–6] Revisions to the California State Implementation Plan, Mojave Desert Air Quality Management District (MDAQMD) and Yolo-Solano Air Quality Management District (YSAQMD) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is finalizing approval of revisions to the MDAQMD and the YSAQMD portions of the California State Implementation Plan (SIP). These rules were proposed in the Federal Register on February 28, 2012 and concern glass furnaces and biomass boilers. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: These rules will be effective on August 1, 2012. ADDRESSES: EPA has established docket number EPA–R09–OAR–2012–0027 for this action. Generally, documents in the docket for this action are available SUMMARY: Rule No. MDAQMD ................................... YSAQMD .................................... VerDate Mar<15>2010 ENVIRONMENTAL PROTECTION AGENCY Jkt 226001 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 (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: Andy Steckel, EPA Region IX, (415) 947–4115, steckel.andrew@epa.gov. SUPPLEMENTARY INFORMATION: 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 February 28, 2012 (77 FR 11990), EPA proposed to approve the following rules into the California SIP. Rule title Adopted Glass Melting Furnaces .................................................................. Biomass Boilers .............................................................................. 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 39181 08/12/08 11/10/10 Submitted 12/23/08 04/05/11 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). E:\FR\FM\02JYR1.SGM 02JYR1 39182 Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations 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). 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 August 31, 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, VOCs, Reporting and recordkeeping requirements. (388) * * * (i) * * * (F) Yolo-Solano Air Quality Management District. (1) Rule 2.43, ‘‘Biomass Boilers,’’ adopted on November 10, 2010. * * * * * [FR Doc. 2012–16060 Filed 6–29–12; 8:45 am] BILLING CODE 6560–50–P Dated: May 10, 2012. Jared Blumenfeld, Regional Administrator, Region IX. ENVIRONMENTAL PROTECTION AGENCY Therefore, 40 CFR part 52 is amended as follows: 40 CFR Parts 141 and 142 PART 52 [AMENDED] 1. The authority citation for Part 52 continues to read as follows: [Docket No. EPA–HQ–OW–2009–0090; FRL– 9660–4] ■ RIN 2040–AF10 Authority: 42 U.S.C. 7401 et seq. 2. Amend § 52.220 by adding paragraphs (c)(364)(i)(D) and (c)(388)(i)(F) to read as follows: Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems § 52.220 Correction ■ Identification of plan. * * * * * (c) * * * (364) * * * (i) * * * (D) Mojave Desert Air Quality Management District. (1) Rule 1165, ‘‘Glass Melting Furnaces,’’ amended on August 25, 2008. * * * * * In rule document 2012–9978 appearing on pages 26072–26101 in the issue of Wednesday, May 2, 2012, make the following correction: On pages 26072–26073, the table entitled ‘‘EXHIBIT 1—APPLICABILITY OF UCMR 3 TO WATER UTILITIES BY SYSTEM TYPE AND SIZE’’ should read as set forth below: EXHIBIT 1—APPLICABILITY OF UCMR 3 TO WATER UTILITIES BY SYSTEM TYPE AND SIZE System size 1 System Type Serving ≤ 10,000 Serving > 10,000 UCMR 3 Assessment Monitoring CWS & NTNCWS ................ Requires all systems to monitor for List 1 chemicals ..... TNCWS ................................ No requirements .............................................................. Requires 800 randomly selected systems to monitor for List 1 chemicals. EPA will pay for the analysis of samples. No Requirements. UCMR 3 Screening Survey CWS & NTNCWS ................ TNCWS ................................ Requires all systems serving more than 100,000, and 320 randomly selected systems serving 10,001 to 100,000 to monitor for List 2 chemicals. No requirements .............................................................. Requires 480 randomly selected systems to monitor for List 2 chemicals. EPA will pay for the analysis of samples. No Requirements. UCMR 3 Pre-Screen Testing pmangrum on DSK3VPTVN1PROD with RULES CWS, TNCWS & NTNCWS 1 Based No requirements .............................................................. Requires 800 randomly selected systems to permit EPA to sample and analyze List 3 microbes. The selected systems will be served by non-disinfecting ground water wells in vulnerable areas. EPA will pay for the analysis of samples. on the retail population, as indicated by SDWIS/Fed on December 31, 2010. VerDate Mar<15>2010 15:02 Jun 29, 2012 Jkt 226001 PO 00000 Frm 00040 Fmt 4700 Sfmt 9990 E:\FR\FM\02JYR1.SGM 02JYR1

Agencies

[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Rules and Regulations]
[Pages 39181-39182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16060]


-----------------------------------------------------------------------

 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0027; FRL-9686-6]


Revisions to the California State Implementation Plan, Mojave 
Desert Air Quality Management District (MDAQMD) and Yolo-Solano Air 
Quality Management District (YSAQMD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is finalizing approval of revisions to the MDAQMD and the 
YSAQMD portions of the California State Implementation Plan (SIP). 
These rules were proposed in the Federal Register on February 28, 2012 
and concern glass furnaces and biomass boilers. We are approving local 
rules that regulate these emission sources under the Clean Air Act as 
amended in 1990 (CAA or the Act).

DATES: These rules will be effective on August 1, 2012.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0027 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: Andy Steckel, EPA Region IX, (415) 
947-4115, steckel.andrew@epa.gov.

SUPPLEMENTARY INFORMATION: 

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 February 28, 2012 (77 FR 11990), EPA proposed to approve the 
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
              Local agency                  Rule No.              Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD..................................         1165  Glass Melting Furnaces.........     08/12/08     12/23/08
YSAQMD..................................         2.43  Biomass Boilers................     11/10/10     04/05/11
----------------------------------------------------------------------------------------------------------------

    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. 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).

[[Page 39182]]

    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).
    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 August 31, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, VOCs, 
Reporting and recordkeeping requirements.

    Dated: May 10, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Therefore, 40 CFR part 52 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.


0
2. Amend Sec.  52.220 by adding paragraphs (c)(364)(i)(D) and 
(c)(388)(i)(F) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (364) * * *
    (i) * * *
    (D) Mojave Desert Air Quality Management District.
    (1) Rule 1165, ``Glass Melting Furnaces,'' amended on August 25, 
2008.
* * * * *
    (388) * * *
    (i) * * *
    (F) Yolo-Solano Air Quality Management District.
    (1) Rule 2.43, ``Biomass Boilers,'' adopted on November 10, 2010.
* * * * *
[FR Doc. 2012-16060 Filed 6-29-12; 8:45 am]
BILLING CODE 6560-50-P
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