Revisions to the California State Implementation Plan, Great Basin Unified Air Pollution Control District, 34240-34242 [2014-13853]
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34240
Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations
registration requirements described in
§ 49.160(c)(2).
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[FR Doc. 2014–14030 Filed 6–13–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0413; FRL–9912–03Region-9]
Revisions to the California State
Implementation Plan, Great Basin
Unified Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the Great
Basin Unified Air Pollution Control
District (GBUAPCD) portion of the
California State Implementation Plan
(SIP). This revision concerns particulate
matter (PM) emissions from agricultural
sources. We are approving a local rule
that regulates these emission sources
under the Clean Air Act (CAA or the
Act).
SUMMARY:
This rule is effective on August
15, 2014 without further notice, unless
EPA receives adverse comments by July
16, 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.
DATES:
Submit comments,
identified by docket number EPA–R09–
OAR–2014–0413, 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
ADDRESSES:
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:
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@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?
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 dates that it was adopted by the
local air agency and submitted by the
GBUAPCD.
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
Rule title
Adopted
Submitted
GBUAPCD ........
502
Conservation Management Practices ..........................................................
07/07/05
10/20/05
On November 22, 2005 EPA
determined that the submittal for
GBUAPCD Rule 502 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?
emcdonald on DSK67QTVN1PROD with RULES
There are no previous versions of
Rule 502 in the SIP.
C. What is the purpose of the submitted
rule?
PM contributes to effects that are
harmful to human health and the
environment, including premature
mortality, aggravation of respiratory and
cardiovascular disease, decreased lung
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16:01 Jun 13, 2014
Jkt 232001
function, visibility impairment, and
damage to vegetation and ecosystems.
Section 110(a) of the CAA requires
States to submit regulations that control
PM emissions. This rule requires that
agricultural owner/operators limit PM–
10 (10 micrograms or smaller in
diameter) emissions by selecting and
implementing ‘‘Conservation
Management Practices’’ or CMPs. EPA’s
technical support document (TSD) has
more information about this rule.
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
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Fmt 4700
Sfmt 4700
Act) and must not relax existing
requirements (see sections 110(l) and
193). In addition, areas designated and
classified as moderate nonattainment for
PM–10 must implement Reasonably
Available Control Measures (RACM),
and areas designated and classified as
serious nonattainment for PM–10 must
implement Best Available Control
Measures (BACM) (see CAA sections
189(a)(1) and 189(b)(1)). The GBUAPCD
regulates PM–10 nonattainment areas
classified as moderate (Mammoth Lakes
and Mono Basin) and serious (Owens
Valley) (see 40 CFR Part 81.305).
Guidance and policy documents that
we used to evaluate this rule include the
following:
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Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations
1. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations;
Clarification to Appendix D of November
24, 1987 Federal Register Notice,’’ (Blue
Book), notice of availability published in
the May 25, 1988 Federal Register.
2. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
3. ‘‘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).
4. ‘‘State Implementation Plans for Serious
PM–10 Nonattainment Areas, and
Attainment Date Waivers for PM–10
Nonattainment Areas Generally;
Addendum to the General Preamble for
the Implementation of Title I of the
Clean Air Act Amendments of 1990,’’ 59
FR 41998 (August 16, 1994).
5. ‘‘PM–10 Guideline Document,’’ EPA 452/
R–93–008, April 1993.
6. ‘‘Fugitive Dust Background Document and
Technical Information Document for
Best Available Control Measures,’’ EPA
450/2–92–004, September 1992.
B. Does the rule meet the evaluation
criteria?
We believe this rule is consistent with
the relevant requirements and policy
regarding enforceability and SIP
revisions. The TSD has more
information on our evaluation.
emcdonald on DSK67QTVN1PROD with RULES
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
rule.
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 rule. If we receive adverse
comments by July 16, 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 August 15,
2014. 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
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16:01 Jun 13, 2014
Jkt 232001
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 CAA, 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 CAA. 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 CAA; 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
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Fmt 4700
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34241
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 15, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Particulate
matter, Reporting and recordkeeping
requirements.
Dated: May 30, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
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34242
Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations
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 paragraph (c)(342)(i)(D)(2) to
read as follows:
■
§ 52.220
Identification of plan.
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(c) * * *
(342) * * *
(i) * * *
(D) * * *
(2) Rule 502, ‘‘Conservation
Management Practices,’’ adopted on July
7, 2005.
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[FR Doc. 2014–13853 Filed 6–13–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2013–0479; FRL–9912–00–
OAR]
RIN 2060–AS25
Regulation of Fuels and Fuel
Additives: Extension of Compliance
and Attest Engagement Reporting
Deadlines for 2013 Renewable Fuel
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action on
two components of its annual
rulemaking to establish the 2014
renewable fuels standards under Clean
Air Act 211(o). The two components are
an extension of the compliance
demonstration deadline for the 2013
renewable fuel standards, and the
associated deadline for submission of
attest engagement reports for the 2013
renewable fuel standards. The new
deadlines are September 30, 2014 and
January 30, 2015, respectively. This
action ensures timely amendment of
existing deadlines, before compliance
obligations would otherwise go into
effect. The EPA intends to finalize the
remaining portion of its rulemaking to
establish the 2014 renewable fuel
standards shortly.
DATES: This rule is effective June 16,
2014.
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
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16:01 Jun 13, 2014
Jkt 232001
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2013–0479. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.
NW., Washington, DC. 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, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: Julia
MacAllister, Office of Transportation
and Air Quality, Assessment and
Standards Division, Environmental
Protection Agency, 2000 Traverwood
Drive, Ann Arbor, MI 48105; Telephone
number: 734–214–4131; Fax number:
734–214–4816; Email address:
macallister.julia@epa.gov, or the public
information line for the Office of
Transportation and Air Quality;
telephone number (734) 214–4333;
Email address OTAQ@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
I. Background and Purpose
The EPA is today taking action to
amend existing regulatory deadlines for
obligated parties under the Renewable
Fuel Standards (RFS) program to submit
reports demonstrating their compliance
with the 2013 RFS percentage
standards, and to submit corresponding
attest engagement reports.
We received comments on our
November 29, 2013 proposed
rulemaking to establish the 2014 RFS
standards 1 reiterating the importance to
obligated parties of knowing their RFS
obligations for 2014 prior to the
compliance demonstration deadline for
the 2013 RFS standards. The EPA
recognized the value of this timing to
obligated parties in the 2013 standards
final rule, and for that reason delayed
the normally applicable February 28,
2014 compliance demonstration
deadline to June 30, 2014 for the 2013
RFS standards.2 We reasoned at that
time that an extension to June 30, 2014
1 78
2 78
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FR 71732 (November 29, 2013).
FR 49794, 49800 (August 15, 2013).
Frm 00030
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would be sufficient in light of the
expected date of issuance of the 2014
annual RFS rule.
However, in light of the fact that the
EPA has not yet issued the 2014 annual
standards rule, we believe it is
appropriate to provide a further
extension of the 2013 compliance
demonstration deadline. The new
deadline is September 30, 2014.
Additionally, we are extending the
deadline for submitting the
corresponding attest engagement reports
to January 30, 2015. Although these
regulatory changes were not specifically
proposed in the 2014 annual standards
rule, we believe that they are
appropriate as a logical outgrowth of the
proposed rule. The EPA received several
comments on the proposed rule
emphasizing the need for the EPA to
promulgate the 2014 RFS standards
quickly and the need for obligated
parties to know their obligations for the
following year when finalizing their
2013 compliance demonstrations. As
noted above, the EPA itself recognized
the value to obligated parties of
knowing their obligations for 2014 prior
to having to demonstrate compliance
with their 2013 RFS requirements. This
is because, once the 2014 RFS standards
are known, obligated parties may choose
to consider the impact of the new
standards on their 2013 RFS compliance
approach, including how many 2013
Renewable Identification Numbers
(RINs) they can carry-forward (there is
a 20% limit based on the 2014 standard)
for purposes of complying with the 2014
RFS standards.
The 2014 RFS rulemaking has been
more time consuming than originally
anticipated, involving receipt of over
300,000 comments, concerning
numerous specific issues related to the
2014 standards which the EPA needs,
and wishes, to thoroughly consider and
respond to. Given the need for the EPA
to weigh these issues carefully, prior to
taking final action on the 2014 RFS
standards, the EPA believes it best to
further extend the existing June 30, 2014
compliance demonstration deadline and
associated attest engagement report
deadline for the 2013 RFS standards.
While we do not believe that the EPA
is constrained legally to extend the
deadline, we do believe it is appropriate
to do so in this instance. It will allow
the EPA time to complete its work on
the 2014 renewable fuel standards rule
in a thorough manner, while also
providing time between the expected
date of finalizing that rule and the new
2013 compliance deadline which will
be helpful to obligated parties. While
this final rule is a logical outgrowth of
the 2014 RFS proposed rule, and the
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Agencies
[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34240-34242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13853]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0413; FRL-9912-03-Region-9]
Revisions to the California State Implementation Plan, Great
Basin Unified Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Great Basin Unified Air
Pollution Control District (GBUAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns particulate matter
(PM) emissions from agricultural sources. We are approving a local rule
that regulates these emission sources under the Clean Air Act (CAA or
the Act).
DATES: This rule is effective on August 15, 2014 without further
notice, unless EPA receives adverse comments by July 16, 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-
2014-0413, 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: Nancy Levin, EPA Region IX, (415) 972-
3848, levin.nancy@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?
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 dates that it was
adopted by the local air agency and submitted by the GBUAPCD.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
GBUAPCD......................... 502 Conservation Management 07/07/05 10/20/05
Practices.
----------------------------------------------------------------------------------------------------------------
On November 22, 2005 EPA determined that the submittal for GBUAPCD
Rule 502 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?
There are no previous versions of Rule 502 in the SIP.
C. What is the purpose of the submitted rule?
PM contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control PM
emissions. This rule requires that agricultural owner/operators limit
PM-10 (10 micrograms or smaller in diameter) emissions by selecting and
implementing ``Conservation Management Practices'' or CMPs. EPA's
technical support document (TSD) has more information about this rule.
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) and must not relax existing requirements (see sections 110(l) and
193). In addition, areas designated and classified as moderate
nonattainment for PM-10 must implement Reasonably Available Control
Measures (RACM), and areas designated and classified as serious
nonattainment for PM-10 must implement Best Available Control Measures
(BACM) (see CAA sections 189(a)(1) and 189(b)(1)). The GBUAPCD
regulates PM-10 nonattainment areas classified as moderate (Mammoth
Lakes and Mono Basin) and serious (Owens Valley) (see 40 CFR Part
81.305).
Guidance and policy documents that we used to evaluate this rule
include the following:
[[Page 34241]]
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in
the May 25, 1988 Federal Register.
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``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).
4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998
(August 16, 1994).
5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
6. ``Fugitive Dust Background Document and Technical Information
Document for Best Available Control Measures,'' EPA 450/2-92-004,
September 1992.
B. Does the rule meet the evaluation criteria?
We believe this rule is consistent with the relevant requirements
and policy regarding enforceability and SIP revisions. The 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 rule.
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 rule. If we
receive adverse comments by July 16, 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 August 15, 2014. 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 CAA, 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 CAA. 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 CAA; 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).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 15, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Reporting and recordkeeping requirements.
Dated: May 30, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 34242]]
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 paragraph (c)(342)(i)(D)(2) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(342) * * *
(i) * * *
(D) * * *
(2) Rule 502, ``Conservation Management Practices,'' adopted on
July 7, 2005.
* * * * *
[FR Doc. 2014-13853 Filed 6-13-14; 8:45 am]
BILLING CODE 6560-50-P