Revisions to the California State Implementation Plan, Ventura County Air Pollution Control District, 28612-28615 [2014-11430]
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28612
Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
‘‘Section 62–210.200’’, by revising the
heading for Chapter 62–212, and under
Chapter 62–212 by revising the entry for
‘‘ ‘‘Section 62–212.720’’ to read as
follows:
Subpart A—General Provisions
§ 52.37
[Amended]
2. Section 52.37 is amended by
removing and reserving paragraph
(b)(3).
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1. The authority citation for part 52
continues to read as follows:
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§ 52.520
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
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3. Section 52.520(c) is amended under
Chapter 62–210 by revising the entry for
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Identification of plan.
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EPA-APPROVED FLORIDA REGULATIONS
State citation
State effective
date
Title/subject
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EPA Approval date
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Explanation
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Chapter 62–210 Stationary Sources—General Requirements
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62–210.200 .....
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Definitions ..............................
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10/23/13
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5/19/14 [Insert citation of publication].
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As of September 19, 2012, 61–210.200 does
not include Florida’s revision to adopt the
PM2.5 SILs threshold and provisions (as
promulgated in the October 20, 2010,
PM2.5 PSD Increment-SILs-SMC Rule at
40 CFR 52.21(k)(2)).
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Chapter 62–212 Stationary Sources—Preconstruction Review
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62–212.720 .....
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Actuals Plantwide Applicability Limits (PALs).
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4. Section 52.530 is amended by
adding paragraph (b) to read as follows:
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§ 52.530
quality.
Significant deterioration of air
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(b) Pursuant to part C, subpart 1 of the
Clean Air Act, EPA is approving a
December 19, 2013 SIP revision
submitted by the State of Florida,
through the Florida Department of
Environmental Protection (FDEP),
Division of Air Resource Management
that establishes prevention of significant
deterioration (PSD) applicability
thresholds for greenhouse gas (GHG)
emissions at the same emissions
thresholds and in the same timeframes
as those specified by EPA in the GHG
Tailoring Rule. This approval gives
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5/19/14 [Insert citation of publication].
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FDEP the authority to regulate GHGemitting sources and issue GHG PSD
permits. FDEP’s December 19, 2013 SIP
revision also includes a GHG PSD
Permit Transition Plan which governs
the transition from EPA administering
GHG PSD permitting requirements for
Florida sources under a Federal
Implementation Plan (FIP) to the State
administering GHG PSD permitting
requirements under its approved SIP.
Under this GHG PSD Permit Transition
Plan, FDEP will administer and enforce
GHG PSD permits issued by EPA to
Florida sources under the GHG PSD FIP.
FDEP’s authority over these existing
EPA-issued GHG PSD permits includes
the authority for FDEP to conduct
general administration of these existing
permits, authority to process and issue
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As of May 19, 2014 the PAL provisions include certain revisions to 40 CFR 52.21 finalized July 12, 2012 (Step 3 GHG Tailoring Rule) and relating to GHG PALs,
which are incorporated by reference at
62–212.720 through Florida State Rule
62.204.800, F.A.C., (which incorporates by
reference 40 CFR 52.21, subpart A as of
July 1, 2011, and as amended on July 12,
2012 at 77 FR 41051. December 17,
2013.)
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any and all subsequent permit actions
relating to such permits, and authority
to enforce such permits.
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[FR Doc. 2014–11211 Filed 5–16–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0196; FRL–9909–71–
Region 9]
Revisions to the California State
Implementation Plan, Ventura County
Air Pollution Control District
Environmental Protection
Agency (EPA).
AGENCY:
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28613
Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Rules and Regulations
ACTION:
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Ventura County Air Pollution Control
District (VCAPCD) portion of the
California State Implementation Plan
(SIP). These revisions concern oxides of
nitrogen (NOX) emissions from large
water heaters, boilers, steam generators,
and process heaters. We are approving
local rules that regulate these emission
sources under the Clean Air Act (CAA
or the Act).
DATES: This rule is effective on July 18,
2014 without further notice, unless EPA
receives adverse comments by June 18,
2014. 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–2014–0196, 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
SUMMARY:
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 94105–3901. 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:
Nicole Law, EPA Region IX, (415) 947–
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations to Further
Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving with the dates that they were
adopted by the local air agency and
submitted by the California Air
Resource Board.
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
Rule title
VCAPCD ...........
VCAPCD ...........
VCAPCD ...........
5 ..................
74.11.1 ........
74.15.1 ........
Effective Date ..................................................................................................
Large Water Heaters and Small Boilers .........................................................
Boilers, Steam Generators, and Process Heaters .........................................
On August 10, 2004, EPA determined
that the submittal for VCAPCD Rule 5
met the completeness criteria in 40 CFR
Part 51 Appendix V, which must be met
before formal EPA review. On June 26,
2013, EPA determined that the
submittal for VCAPCD Rules 74.11.1
and 74.15.1 met the completeness
criteria in 40 CFR Part 51 Appendix V,
which must be met before formal EPA
review.
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B. Are there other versions of these
rules?
We approved an earlier version of
Rule 5 into the SIP on September 22,
1972 (37 FR 19806). We approved
earlier versions of Rule 74.11.1 into the
SIP on December 20, 2000 (65 FR 79752)
and Rule 74.15.1 on October 10, 2001
(66 FR 51576).
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Amended
C. What is the purpose of the submitted
rule revisions?
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. Rule
74.11.1 lowers NOX emission limits for
units with rated heat input capacity of
greater than or equal to 75,000 BTU/hr
and less than 1,000,000 BTU/hr. Rule
74.11.1 will no longer regulate units
with rated heat input capacity equal to
or greater than 1,000,000 BTU/hr, but
Rule 74.15.11 will. Rule 74.15.1 now
regulates boilers with rated heat
capacity equal to or greater than
1,000,000 BTU/hr and less than or equal
to 2,000,000 BTU/hr, which were
formerly regulated in Rule 74.11.1. Rule
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Submitted
04/13/04
09/11/12
09/11/12
07/19/04
04/22/13
04/22/13
74.15.1 also added a new section
describing testing requirements which
includes frequency of testing and the
type of testing required. Rule 5 added a
definition for existing equipment. EPA’s
technical support documents (TSDs)
have more information about these
rules.
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
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 ozone nonattainment areas
classified as moderate or above (see
sections 182(b)(2) and 182(f)), and must
not relax existing requirements (see
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sections 110(l) and 193). SIP rules must
also implement Reasonable Available
Control Measures (RACM), including
such reductions in emissions from
existing sources in the area as may be
obtained through the adoption, at a
minimum, of reasonable available
control technology (RACT), as
expeditiously as practicable for
nonattainment areas (see CAA section
172(c)(1)). The Ventura County Air
Pollution Control District regulates an
ozone nonattainment area classified as
serious for the 8-hour ozone NAAQS
(see 40 CFR 81.305), so Ventura’s Rules
generally must fulfill RACT and RACM
for NOX.
Guidance and policy documents that
we use to evaluate enforceability, RACT,
and RACM 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. ‘‘NOX Emissions from Industrial/
Commercial/Institutional (ICI) Boilers,’’
EPA–453/R–94–022, March 1994.
6. ‘‘Determination of Reasonably
Available Control Technology and Best
Available Retrofit Control Technology
for Industrial, Institutional, and
Commercial Boilers, Steam Generators,
and Process Heaters,’’ CARB, July 18,
1991.
B. Do the rules meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
regarding enforceability, and SIP
relaxations. We are not evaluating the
RACM requirement in this action but
believe that VCAPCD is required to
evaluate any reasonably available
control measure for the sources covered
by these rules. We believe there are no
sources subject to Rule 74.11.1 and Rule
74.15.1 that exceed the major source
threshold (50 tpy), thus they are not
required to meet RACT for NOX. For this
reason, we are not making a
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determination on RACT for Rules
74.11.1 and 74.15.1. The TSDs have
more information on our evaluation.
Rule 5 Effective Date is a rule specifying
when rules are effective. The definition
for ‘‘existing equipment’’ was added to
clarify the rule. Rule 5 is a general rule
and is not specific to source categories,
so it was not evaluated for RACT or
RACM. The rule revisions are not
considered relaxations to the SIP as the
only change was the addition of a
definition.
C. EPA Recommendations To Further
Improve the Rules
The TSDs describes additional rule
revisions that we recommend for the
next time the local agency modifies the
rules.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, EPA is fully approving the
submitted rules because we believe they
fulfill 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 June 18, 2014, 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 July 18, 2014.
This will incorporate these rules 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
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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
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Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Rules and Regulations
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 July 18, 2014.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements.
Dated: March 21, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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)(332)(i)(B)(4) and
(c)(429)(i)(A)(2) and (3) to read as
follows:
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■
§ 52.220
Identification of plan.
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(332) *
(i) * *
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(4) Rule 5, ‘‘Effective Date,’’ amended
on April 13, 2004.
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(i) * * *
(A) * * *
(2) Rule 74.11.1, ‘‘Large Water Heaters
and Small Boilers,’’ amended on
September 11, 2012.
(3) Rule 74.15.1, ‘‘Boilers, Steam
Generators, and Process Heaters,’’
amended on September 11, 2012.
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[FR Doc. 2014–11430 Filed 5–16–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 10–71; FCC 14–29]
Retransmission Consent Negotiations
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Federal Communications
Commission (‘‘Commission’’) adopts a
rule providing that it is a violation of
the duty to negotiate retransmission
consent in good faith for a television
broadcast station that is ranked among
the top four stations as measured by
audience share to negotiate
retransmission consent jointly with
another such station, if the stations are
not commonly owned and serve the
same geographic market. The rule is
intended to promote competition among
Top Four broadcast stations for carriage
of their signals by multichannel video
programming distributors and facilitate
the fair and effective completion of
retransmission consent negotiations.
DATES: Effective June 18, 2014.
FOR FURTHER INFORMATION CONTACT:
Raelynn Remy, Raelynn.Remy@fcc.gov,
Diana Sokolow, Diana.Sokolow@fcc.gov,
or Kathy Berthot, Kathy.Berthot@
fcc.gov, Federal Communications
Commission, Media Bureau, (202) 418–
2120.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, FCC 14–29, adopted and
released on March 31, 2014. The full
text of this document is available for
public inspection and copying during
regular business hours in the FCC
Reference Center, Federal
Communications Commission, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. This document
will also be available via ECFS at
SUMMARY:
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28615
https://fjallfoss.fcc.gov/ecfs/. Documents
will be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.
The complete text may be purchased
from the Commission’s copy contractor,
445 12th Street SW., Room CY–B402,
Washington, DC 20554. Alternative
formats are available for people with
disabilities (Braille, large print,
electronic files, audio format), by
sending an email to fcc504@fcc.gov or
calling the Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Paperwork Reduction Act of 1995
Analysis
This document does not contain new
or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Synopsis
I. Introduction
In this Report and Order (‘‘Order’’),
we revise our ‘‘retransmission consent’’
rules, which govern carriage
negotiations between broadcast
television stations and multichannel
video programming distributors
(‘‘MVPDs’’),1 to provide that joint
negotiation by stations that are ranked
among the top four stations in a market
as measured by audience share (‘‘Top
Four’’ stations) and are not commonly
owned constitutes a violation of the
statutory duty to negotiate
retransmission consent in good faith.2 In
March 2010, 14 MVPDs and public
interest groups filed a rulemaking
petition arguing that changes in the
marketplace, and the increasingly
contentious nature of retransmission
consent negotiations, justify revisions to
the Commission’s rules governing
retransmission consent. The
Commission initiated this proceeding 3
and a robust record developed. Our
action today addresses MVPDs’
argument that competing broadcast
television stations (‘‘broadcast stations’’
or ‘‘stations’’) obtain undue bargaining
leverage by negotiating together when
1 47
U.S.C. 325(b)(1)(A).
statutory duty to negotiate retransmission
consent in good faith applies to both broadcasters
and MVPDs. See 47 U.S.C. 325(b)(3)(C).
3 Amendment of the Commission’s Rules Related
to Retransmission Consent, Notice of Proposed
Rulemaking, 76 FR 17071 (2011) (‘‘NPRM’’).
2 The
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[Federal Register Volume 79, Number 96 (Monday, May 19, 2014)]
[Rules and Regulations]
[Pages 28612-28615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11430]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0196; FRL-9909-71-Region 9]
Revisions to the California State Implementation Plan, Ventura
County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
[[Page 28613]]
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Ventura County Air Pollution
Control District (VCAPCD) portion of the California State
Implementation Plan (SIP). These revisions concern oxides of nitrogen
(NOX) emissions from large water heaters, boilers, steam
generators, and process heaters. We are approving local rules that
regulate these emission sources under the Clean Air Act (CAA or the
Act).
DATES: This rule is effective on July 18, 2014 without further notice,
unless EPA receives adverse comments by June 18, 2014. 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-
2014-0196, 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 94105-3901.
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: Nicole Law, EPA Region IX, (415) 947-
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations to Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the California
Air Resource Board.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD....................... 5....................... Effective Date......... 04/13/04 07/19/04
VCAPCD....................... 74.11.1................. Large Water Heaters and 09/11/12 04/22/13
Small Boilers.
VCAPCD....................... 74.15.1................. Boilers, Steam 09/11/12 04/22/13
Generators, and
Process Heaters.
----------------------------------------------------------------------------------------------------------------
On August 10, 2004, EPA determined that the submittal for VCAPCD
Rule 5 met the completeness criteria in 40 CFR Part 51 Appendix V,
which must be met before formal EPA review. On June 26, 2013, EPA
determined that the submittal for VCAPCD Rules 74.11.1 and 74.15.1 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 these rules?
We approved an earlier version of Rule 5 into the SIP on September
22, 1972 (37 FR 19806). We approved earlier versions of Rule 74.11.1
into the SIP on December 20, 2000 (65 FR 79752) and Rule 74.15.1 on
October 10, 2001 (66 FR 51576).
C. What is the purpose of the submitted rule revisions?
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. Rule 74.11.1 lowers NOX
emission limits for units with rated heat input capacity of greater
than or equal to 75,000 BTU/hr and less than 1,000,000 BTU/hr. Rule
74.11.1 will no longer regulate units with rated heat input capacity
equal to or greater than 1,000,000 BTU/hr, but Rule 74.15.11 will. Rule
74.15.1 now regulates boilers with rated heat capacity equal to or
greater than 1,000,000 BTU/hr and less than or equal to 2,000,000 BTU/
hr, which were formerly regulated in Rule 74.11.1. Rule 74.15.1 also
added a new section describing testing requirements which includes
frequency of testing and the type of testing required. Rule 5 added a
definition for existing equipment. EPA's technical support documents
(TSDs) have more information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
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
ozone nonattainment areas classified as moderate or above (see sections
182(b)(2) and 182(f)), and must not relax existing requirements (see
[[Page 28614]]
sections 110(l) and 193). SIP rules must also implement Reasonable
Available Control Measures (RACM), including such reductions in
emissions from existing sources in the area as may be obtained through
the adoption, at a minimum, of reasonable available control technology
(RACT), as expeditiously as practicable for nonattainment areas (see
CAA section 172(c)(1)). The Ventura County Air Pollution Control
District regulates an ozone nonattainment area classified as serious
for the 8-hour ozone NAAQS (see 40 CFR 81.305), so Ventura's Rules
generally must fulfill RACT and RACM for NOX.
Guidance and policy documents that we use to evaluate
enforceability, RACT, and RACM 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. ``NOX Emissions from Industrial/Commercial/
Institutional (ICI) Boilers,'' EPA-453/R-94-022, March 1994.
6. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters,'' CARB, July 18, 1991.
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, and SIP relaxations. We are not
evaluating the RACM requirement in this action but believe that VCAPCD
is required to evaluate any reasonably available control measure for
the sources covered by these rules. We believe there are no sources
subject to Rule 74.11.1 and Rule 74.15.1 that exceed the major source
threshold (50 tpy), thus they are not required to meet RACT for
NOX. For this reason, we are not making a determination on
RACT for Rules 74.11.1 and 74.15.1. The TSDs have more information on
our evaluation. Rule 5 Effective Date is a rule specifying when rules
are effective. The definition for ``existing equipment'' was added to
clarify the rule. Rule 5 is a general rule and is not specific to
source categories, so it was not evaluated for RACT or RACM. The rule
revisions are not considered relaxations to the SIP as the only change
was the addition of a definition.
C. EPA Recommendations To Further Improve the Rules
The TSDs describes additional rule revisions that we recommend for
the next time the local agency modifies the rules.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill 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 June 18, 2014, 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 July 18, 2014. This will incorporate these
rules 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
[[Page 28615]]
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 July 18, 2014. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: March 21, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220, is amended by adding paragraphs (c)(332)(i)(B)(4)
and (c)(429)(i)(A)(2) and (3) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(332) * * *
(i) * * *
(B) * * *
(4) Rule 5, ``Effective Date,'' amended on April 13, 2004.
* * * * *
(429) * * *
(i) * * *
(A) * * *
(2) Rule 74.11.1, ``Large Water Heaters and Small Boilers,''
amended on September 11, 2012.
(3) Rule 74.15.1, ``Boilers, Steam Generators, and Process
Heaters,'' amended on September 11, 2012.
* * * * *
[FR Doc. 2014-11430 Filed 5-16-14; 8:45 am]
BILLING CODE 6560-50-P