Revisions to the California State Implementation Plan, Placer County Air Pollution Control District, 37956-37958 [2014-15565]
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37956
Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations
circle with a 500-foot radius from the
fireworks launch site located on a barge
in approximate position 43°06′39″ N,
086°10′56″ W. (NAD 83); 9:30 p.m. until
10:45 p.m. on July 5, 2014.
(2) Salute the Troops Fireworks;
Muskegon, MI. All waters of Muskegon
Lake, in the vicinity of Lafarge
Corporation, within the arc of a circle
with a 1000-foot radius from a fireworks
launch site located in approximate
position 43°14′00″ N, 086°15′50″ W.
(NAD 83); 10 p.m. until 11:30 p.m. on
July 5, 2014.
(3) Venetian Night Fireworks;
Sturgeon Bay, WI. All waters of
Sturgeon Bay, in the vicinity of
Sturgeon Bay Yacht Harbor, within the
arc of a circle with a 800-foot radius
from the fireworks launch site located
on a barge in approximate position
44°49′41″ N, 087°22′20″ W. (NAD 83); 9
p.m. until 11 p.m. on August 2, 2014.
(b) Effective and enforcement period.
This section is effective from July 5,
2014 until 11 p.m. on August 2, 2014.
This section will be enforced at the
times specified in paragraph (a) of this
section.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within
these safety zones is prohibited unless
authorized by the Captain of the Port,
Lake Michigan or his or her designated
on-scene representative.
(2) These safety zones are closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Lake Michigan or his or her designated
on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port,
Lake Michigan, to act on his or her
behalf.
(4) Vessel operators desiring to enter
or operate within the safety zones must
contact the Captain of the Port, Lake
Michigan, or his or her on-scene
representative to obtain permission to
do so. The Captain of the Port, Lake
Michigan, or his or her on-scene
representative may be contacted via
VHF Channel 16.
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Dated: June 18, 2014.
A.B. Cocanaour,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2014–15707 Filed 7–2–14; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0269; FRL–9910–99–
Region 9]
Revisions to the California State
Implementation Plan, Placer County
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
Placer County portion of the California
State Implementation Plan (SIP). This
revision concerns the necessary
procedures to create emission reduction
credits from the reduction of volatile
organic compound (VOC), oxides of
nitrogen (NOX), oxides of sulfur (SOX),
particulate matter (PM), and carbon
monoxide (CO) emissions due to the
permanent curtailment of burning rice
straw.
We are approving a local rule that
provides administrative procedures for
creating emissions reduction credits,
consistent with Clean Air Act (CAA or
the Act) requirements.
DATES: This rule is effective on
September 2, 2014 without further
notice, unless EPA receives adverse
comments by August 4, 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–2014–0269, 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
SUMMARY:
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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) 942–
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. 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
Placer County Air Pollution Control
District (PCAPCD) and submitted by the
California Air Resources Board (CARB).
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Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations
37957
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
Rule title
Adopted
Submitted
PCAPCD .................................
516
Rice Straw Emission Reduction Credits .................................
02–19–2009
04–06–2009
On May 13, 2009, the submittal for
PCAPCD Rule 516 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 this rule?
There are no previous versions of
Rule 516 in the SIP.
C. What is the purpose of the submitted
rule?
Historically, the practice of rice
growing included burning the field
stubble or straw following harvest to kill
weeds and insects and prepare the field
for next year’s plantings. The purpose of
Rule 516 is to provide procedures to
quantify, certify, and issue emission
reduction credits (ERCs) that have
resulted from the permanent
curtailment of rice straw burning in the
PCAPCD. Approval of Rule 516 into the
SIP would allow these ERCs to be used
as offsets under PCAPCD’s New Source
Review (NSR) rule. 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?
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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, a rule of this type that
generates emission reduction credits for
use as offsets in the NSR program must
meet the NSR requirement for valid
offsets (see section 173(c)) and should
meet the criteria set forth in EPA’s
guidance concerning economic
incentive programs.
Guidance and policy documents that
we use to evaluate enforceability and
other 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).
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4. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
5. New Source Review—Section 173(c) of the
CAA and 40 CFR part 51, appendix S,
‘‘Emission Offset Interpretative Ruling’’
require certain sources to obtain
emission reductions to offset increased
emissions from new projects.
6. ‘‘Improving Air Quality with Economic
Incentive Programs,’’ EPA–452/R–01–
001, January 2001.
7. ‘‘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).
8. ‘‘PM–10 Guideline Document,’’ EPA 452/
R–93–008, April 1993.
9. ‘‘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 policy and guidance
regarding enforceability and economic
incentive programs; and ensures that the
emission reductions are real, surplus,
quantifiable, enforceable, and
permanent. This rule includes detailed
emissions quantification protocols and
enforceable procedures which provide
the necessary assurance that the
emission reduction credits issued will
meet the criteria for valid NSR offsets.
The 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 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 August 4, 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
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direct final approval will be effective
without further notice on September 2,
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 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
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37958
Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations
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)).
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur dioxide, Carbon
monoxide, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 25, 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)(366)(i)(D) to read
as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(366) * * *
(i) * * *
(D) Placer County Air Pollution
Control District.
(1) Rule 516, ‘‘Rice Straw Emission
Reduction Credits,’’ adopted on
February 19, 2009.
*
*
*
*
*
[FR Doc. 2014–15565 Filed 7–2–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 1516 and 1552
[EPA–HQ–OARM–2013–0149; FRL–9913–
36–OARM]
EPAAR Clause for Ordering by
Designated Ordering Officers
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to
update policy, procedures, and contract
clauses. The final rule updates the
Ordering—By Designated Ordering
Officers clause and a corresponding
prescription.
DATES: This final rule is effective on July
3, 2014.
SUMMARY:
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Docket: 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 Office of
Environmental Information (OEI)
Docket, 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 EPA Docket Center is (202) 566–
1752. This Docket Facility is open from
8:30 a.m. to 4:30 p.m. Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Thomas Valentino, Policy, Training, and
Oversight Division, Office of
Acquisition Management (3802R),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: 202–564–
4522; email address: valentino.thomas@
epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
The subject clause is currently
codified in the EPAAR as the April 1984
basic clause without any alternates. The
basic clause only contemplates order
issuance prior to receiving formal input
from the contractor. On December 21,
1989, a class deviation was issued to
prescribe an alternate to the clause that
provides for negotiating the terms and
conditions of a task/delivery order prior
to order issuance. There are several
benefits to negotiation prior to order
issuance: The Government is not
charged directly for the time involved in
negotiations and the associated costs are
part of bid and proposal costs which are
indirect charges spread across all
Government contracts; it allows for
more accurate pricing for the order, and
it enables the Government to hold the
Contractor to negotiated requirements as
soon as the order is issued. As a result,
the subject clause and corresponding
prescription are being updated to add
the 1989 class deviation. Because the
class deviation provides several benefits
that the basic clause does not, it will be
designated as the basic form of the
Ordering clause, and the previous basic
form is being re-designated as Alternate
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Agencies
[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Rules and Regulations]
[Pages 37956-37958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15565]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0269; FRL-9910-99-Region 9]
Revisions to the California State Implementation Plan, Placer
County 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 Placer County portion of the
California State Implementation Plan (SIP). This revision concerns the
necessary procedures to create emission reduction credits from the
reduction of volatile organic compound (VOC), oxides of nitrogen
(NOX), oxides of sulfur (SOX), particulate matter
(PM), and carbon monoxide (CO) emissions due to the permanent
curtailment of burning rice straw.
We are approving a local rule that provides administrative
procedures for creating emissions reduction credits, consistent with
Clean Air Act (CAA or the Act) requirements.
DATES: This rule is effective on September 2, 2014 without further
notice, unless EPA receives adverse comments by August 4, 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-
2014-0269, 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) 942-
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. 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 Placer County Air Pollution Control District (PCAPCD)
and submitted by the California Air Resources Board (CARB).
[[Page 37957]]
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD.............................. 516 Rice Straw Emission 02-19-2009 04-06-2009
Reduction Credits.
----------------------------------------------------------------------------------------------------------------
On May 13, 2009, the submittal for PCAPCD Rule 516 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 this rule?
There are no previous versions of Rule 516 in the SIP.
C. What is the purpose of the submitted rule?
Historically, the practice of rice growing included burning the
field stubble or straw following harvest to kill weeds and insects and
prepare the field for next year's plantings. The purpose of Rule 516 is
to provide procedures to quantify, certify, and issue emission
reduction credits (ERCs) that have resulted from the permanent
curtailment of rice straw burning in the PCAPCD. Approval of Rule 516
into the SIP would allow these ERCs to be used as offsets under
PCAPCD's New Source Review (NSR) rule. 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, a rule of this type that generates emission
reduction credits for use as offsets in the NSR program must meet the
NSR requirement for valid offsets (see section 173(c)) and should meet
the criteria set forth in EPA's guidance concerning economic incentive
programs.
Guidance and policy documents that we use to evaluate
enforceability and other 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. New Source Review--Section 173(c) of the CAA and 40 CFR part 51,
appendix S, ``Emission Offset Interpretative Ruling'' require
certain sources to obtain emission reductions to offset increased
emissions from new projects.
6. ``Improving Air Quality with Economic Incentive Programs,'' EPA-
452/R-01-001, January 2001.
7. ``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).
8. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
9. ``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 policy and
guidance regarding enforceability and economic incentive programs; and
ensures that the emission reductions are real, surplus, quantifiable,
enforceable, and permanent. This rule includes detailed emissions
quantification protocols and enforceable procedures which provide the
necessary assurance that the emission reduction credits issued will
meet the criteria for valid NSR offsets. The 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 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 August 4, 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 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 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
[[Page 37958]]
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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur dioxide, Carbon monoxide, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: April 25, 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)(366)(i)(D) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(366) * * *
(i) * * *
(D) Placer County Air Pollution Control District.
(1) Rule 516, ``Rice Straw Emission Reduction Credits,'' adopted on
February 19, 2009.
* * * * *
[FR Doc. 2014-15565 Filed 7-2-14; 8:45 am]
BILLING CODE 6560-50-P