Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District, 37224-37226 [2014-15263]
Download as PDF
<![CDATA[
pmangrum on DSK3VPTVN1PROD with RULES
37224
Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Rules and Regulations
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 September 2, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
VerDate Mar<15>2010
15:01 Jun 30, 2014
Jkt 232001
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, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 23, 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)(429) (i)(A)(4) and
(5) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(429) * * *
(i) * * *
(A) * * *
(4) Rule 74.13, ‘‘Aerospace Assembly
and Component Manufacturing
Operations,’’ revised on September 11,
2012.
(5) Rule 74.24, ‘‘Marine Coating
Operations,’’ revised on September 11,
2012.
*
*
*
*
*
[FR Doc. 2014–15391 Filed 6–30–14; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0336 FRL–9912–64–
Region–9]
Revisions to the California State
Implementation Plan, San Joaquin
Valley 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 revisions to the San
Joaquin Valley Unified Air Pollution
Control District [SJVUAPCD] portion of
the California State Implementation
Plan (SIP). These revisions concern
basic enforcement authorities under the
Clean Air Act (CAA or the Act).
DATES: This rule is effective on
September 2, 2014 without further
notice, unless EPA receives adverse
comments by July 31, 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–2014–0336, 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
SUMMARY:
E:\FR\FM\01JYR1.SGM
01JYR1
Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Rules and Regulations
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
37225
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:
Vanessa Graham, EPA Region IX, (415)
947–4120, graham.vanessa@epa.gov.
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
SUPPLEMENTARY INFORMATION:
A. What rules did the State submit?
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?
I. The State’s Submittal
Table 1 lists the rules we are
approving with the dates that they were
adopted by SJVUAPCD and submitted
by the California Air Resource Board
(CARB).
TABLE 1—SUBMITTED RULES
Local agency
SJVUAPCD
SJCUAPCD
SJVUAPCD
SJVUAPCD
Rule No.
.....................................................
.....................................................
.....................................................
.....................................................
On March 28, 1995, the submittal for
SJVUAPCD Rules 1040, 1050, 1070, and
1090 was deemed by operation of law to
meet 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?
There are no previous versions of
Rules 1040, 1050, 1070 and 1090 in the
SIP.
pmangrum on DSK3VPTVN1PROD with RULES
C. What is the purpose of the submitted
rules?
Rule 1040 defines provisions of the
California Health and Safety Code under
which SJVUAPCD rules are enforced.
Rule 1050 explains the procedures for
issuing an order of abatement, the rules
governing hearings in the issuance of
orders of abatement and the penalties
for violating orders of abatement.
Rule 1070 outlines the district’s
authority in determining compliance
with other District rules and regulations.
It also explains that inspections shall be
made by the enforcement agency for the
purpose of obtaining information
necessary to determine whether air
pollution sources are in compliance
with applicable rules and regulations.
Rule 1090 requires that any person or
source operation comply with
SJVUAPCD rules and regulations.
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), and must not relax existing
VerDate Mar<15>2010
15:01 Jun 30, 2014
Jkt 232001
1040
1050
1070
1090
Rule title
Enforcement ...................................................
Order of Abatement .......................................
Inspections .....................................................
Penalty ...........................................................
requirements. (See section 110(a)(1)).
These rules support some of the basic
infrastructure SIP requirements
described in section 110(a)(2) of the
CAA, but do not impose any specific air
pollution control or emission
limitations, so we are not evaluating
them with respect to Reasonably
Available Control Technology (RACT)
or other CAA requirements regarding
SIP stringency.
Guidance and policy documents that
we use to evaluate enforceability and
other CAA requirements consistently
include the following:
‘‘Guidance Document for Infrastructure
State Implementation Plan’’ Elements
under Clean Air Act Sections 110(a)(1)
and 110(a)(2), EPA (September 2013).
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. Our Technical Support
Document (TSD) has more information
on our evaluation.
C. 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
PO 00000
Frm 00071
Adopted
Fmt 4700
Sfmt 4700
12/17/92
12/17/92
12/17/92
12/17/92
Submitted
09/28/94
09/28/94
09/28/94
09/28/94
comments by July 31, 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 September 2,
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
E:\FR\FM\01JYR1.SGM
01JYR1
pmangrum on DSK3VPTVN1PROD with RULES
37226
Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Rules and Regulations
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
VerDate Mar<15>2010
15:01 Jun 30, 2014
Jkt 232001
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 September 2,
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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur Oxides, Volatile
organic compounds.
Dated: May 23, 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 paragraph (c)(199)(i)(D)(10) to
read as follows:
■
§ 52.220
*
PO 00000
Identification of plan.
*
*
(c) * * *
(199) * * *
(i) * * *
(D) * * *
Frm 00072
*
Fmt 4700
*
Sfmt 4700
(10) Rules 1040, 1050, 1070 and 1090
adopted on June 18,1992 and amended
on December 17, 1992.
*
*
*
*
*
[FR Doc. 2014–15263 Filed 6–30–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 272
[EPA–R06–2013–0461; FRL–9911–76–
Region–6]
Oklahoma: Incorporation by Reference
of Approved State Hazardous Waste
Management Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Solid Waste Disposal Act,
as amended, commonly referred to as
the Resource Conservation and
Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA)
to authorize States to operate their
hazardous waste management programs
in lieu of the Federal program. The EPA
uses the regulations entitled ‘‘Approved
State Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State statutes and
regulations that will be subject to the
EPA’s inspection and enforcement. The
rule codifies in the regulations the prior
approval of Oklahoma’s hazardous
waste management program and
incorporates by reference authorized
provisions of the State’s statutes and
regulations.
SUMMARY:
This regulation is effective
September 2, 2014, unless the EPA
receives adverse written comment on
this regulation by the close of business
July 31, 2014. If the EPA receives such
comments, it will publish a timely
withdrawal of this direct final rule in
the Federal Register informing the
public that this rule will not take effect.
The Director of the Federal Register
approves this incorporation by reference
as of September 2, 2014 in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Email: patterson.alima@epa.gov or
banks.julia@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator, or
Julia Banks, State/Tribal Oversight
DATES:
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Rules and Regulations]
[Pages 37224-37226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15263]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0336 FRL-9912-64-Region-9]
Revisions to the California State Implementation Plan, San
Joaquin Valley 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 revisions to the San Joaquin Valley Unified Air
Pollution Control District [SJVUAPCD] portion of the California State
Implementation Plan (SIP). These revisions concern basic enforcement
authorities under the Clean Air Act (CAA or the Act).
DATES: This rule is effective on September 2, 2014 without further
notice, unless EPA receives adverse comments by July 31, 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-
2014-0336, 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
[[Page 37225]]
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: Vanessa Graham, EPA Region IX, (415)
947-4120, graham.vanessa@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 rules?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. 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 SJVUAPCD and submitted by the California Air Resource
Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD.............................. 1040 Enforcement............. 12/17/92 09/28/94
SJCUAPCD.............................. 1050 Order of Abatement...... 12/17/92 09/28/94
SJVUAPCD.............................. 1070 Inspections............. 12/17/92 09/28/94
SJVUAPCD.............................. 1090 Penalty................. 12/17/92 09/28/94
----------------------------------------------------------------------------------------------------------------
On March 28, 1995, the submittal for SJVUAPCD Rules 1040, 1050,
1070, and 1090 was deemed by operation of law to meet 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?
There are no previous versions of Rules 1040, 1050, 1070 and 1090
in the SIP.
C. What is the purpose of the submitted rules?
Rule 1040 defines provisions of the California Health and Safety
Code under which SJVUAPCD rules are enforced.
Rule 1050 explains the procedures for issuing an order of
abatement, the rules governing hearings in the issuance of orders of
abatement and the penalties for violating orders of abatement.
Rule 1070 outlines the district's authority in determining
compliance with other District rules and regulations. It also explains
that inspections shall be made by the enforcement agency for the
purpose of obtaining information necessary to determine whether air
pollution sources are in compliance with applicable rules and
regulations.
Rule 1090 requires that any person or source operation comply with
SJVUAPCD rules and regulations.
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), and must not relax existing requirements. (See section
110(a)(1)). These rules support some of the basic infrastructure SIP
requirements described in section 110(a)(2) of the CAA, but do not
impose any specific air pollution control or emission limitations, so
we are not evaluating them with respect to Reasonably Available Control
Technology (RACT) or other CAA requirements regarding SIP stringency.
Guidance and policy documents that we use to evaluate
enforceability and other CAA requirements consistently include the
following:
``Guidance Document for Infrastructure State Implementation Plan''
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), EPA
(September 2013).
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. Our Technical
Support Document (TSD) has more information on our evaluation.
C. 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 July 31, 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 September 2, 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
[[Page 37226]]
Executive Order 12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 September 2, 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur Oxides, Volatile organic compounds.
Dated: May 23, 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 paragraph (c)(199)(i)(D)(10) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(199) * * *
(i) * * *
(D) * * *
(10) Rules 1040, 1050, 1070 and 1090 adopted on June 18,1992 and
amended on December 17, 1992.
* * * * *
[FR Doc. 2014-15263 Filed 6-30-14; 8:45 am]
BILLING CODE 6560-50-P
