Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District, 7803-7805 [2015-02854]
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Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations
signed, January 28, 2015, until February
12, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0053] is
available at https://www.regulations.gov.
Type the docket number in the
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FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
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telephone 206–220–7282, email
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SUPPLEMENTARY INFORMATION: Seattle
Department of Transportation (SDOT)
has requested a temporary deviation
from the operating schedule for the
Fremont Bridge, mile 2.6, crossing the
Lake Washington Ship Canal at Seattle,
WA. The deviation is necessary to
accommodate SDOT workers for a
bridge painting project. To facilitate this
event, the full draw of the bridge will
not open for vessel traffic unless a five
hour notice is provided to the bridge
operator. For all other openings, one
half of the bridge, or single leaf, will
remain in the closed position while
reducing the vertical clearance of the
non-operating span by four feet to
account for the installation of a
moveable platform underneath the
bridge.
The Fremont Bridge, mile 2.6,
provides a vertical clearance of 14 feet
(31 feet of vertical clearance for the
center 36 horizontal feet) in the closed
position. The clearance is referenced to
the mean water elevation of Lake
Washington. The normal operating
schedule for the Fremont Bridge is set
out in 33 CFR 117.1051 and states that
the bridge need not open from 7 a.m. to
9 a.m. and from 4 p.m. to 6 p.m.
Monday through Friday except all
Federal holidays but Columbus Day for
any vessel of less than 1000 tons, unless
the vessel has in tow a vessel of 1000
gross tons or over. The normal operating
schedule for this bridge also requires
one hour advance notification for bridge
openings between 11 p.m. and 7 a.m.
daily. Waterway usage on the Lake
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Washington Ship Canal ranges from
commercial tug and barge to small
pleasure craft.
Vessels able to pass through the
bridge in the closed positions may do so
at any time. The bridge will be able to
open one leaf, half of the draw span, for
emergencies. Furthermore, there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
their transits to minimize any impact
caused by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: January 28, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2015–02492 Filed 2–11–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0863; FRL–9921–51–
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
criteria air pollutants including oxides
of nitrogen (NOX) and particulate matter
(PM) emissions from boilers, steam
generators, and process heaters. We are
approving local rules that regulate these
emission sources under the Clean Air
Act (CAA or the Act).
DATES: This rule is effective on April 13,
2015 without further notice, unless EPA
receives adverse comments by March
16, 2015. 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.
SUMMARY:
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7803
Submit comments,
identified by docket number EPA–R09–
OAR–2014–0863, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California 94105–3901. While all
documents in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, (415) 947–
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
ADDRESSES:
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
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Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations to Further
Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
adopted by the local air agency and
submitted by the California Air
Resources Board (CARB).
A. What rules did the State submit?
Table 1 lists the rules addressed by
this rule with the dates that they were
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
SJVUAPCD .............................
4307
SJVUAPCD .............................
4308
On September 11, 2014 and July 18,
2014, EPA determined that the
submittals for SJVUAPCD 4307 and
SJVUAPCD 4308 met the completeness
criteria in 40 CFR part 51 Appendix V,
which must be met before formal EPA
review.
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B. Are there other versions of these
rules?
We approved an earlier version of
Rule 4307 into the SIP on January 13,
2010 (75 FR 1715) and Rule 4308 on
December 30, 2010 (76 FR 5276).
C. What is the purpose of the submitted
rule revisions?
NOX helps produce ground-level
ozone, smog and particulate matter,
which harm human health and the
environment. 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
NOX and PM emissions. Rule 4307
contains emissions limitations for NOX
and PM. It has also been revised to
require tree nut pasteurizers to be fired
using Public Utility Commission (PUC)
quality natural gas and also adds
recordkeeping requirements for those
units. Rule 4308 has emissions
limitations for NOX and has been
revised to lower the emission limit for
certain types of instantaneous water
heaters and removes outdated language.
EPA’s technical support documents
(TSDs) have more information about
these rules.
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
40 CFR part 81 describes SJVUAPCD
as regulating an extreme nonattainment
area for the 8-hour 1997 and 2008
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Rule title
Amended
Boilers, Steam Generators, and Process Heaters—2.0
MMBtu/hr to 5.0 MMBtu/hr.
Boilers, Steam Generators, and Process Heaters—0.075
MMBtu/hr to less than 2.0 MMBtu/hr.
Ozone National Ambient Air Quality
Standards (NAAQS) and a nonattainment area for the 24-hr 1997 and
2006 PM2.5 NAAQS. Our evaluation of
these rules focuses on NOXbecause it is
a precursor to ozone and PM. SIP rules
must be enforceable (see CAA section
110(a)(2)), must not interfere with
applicable requirements concerning
attainment and reasonable further
progress or other CAA requirements (see
CAA section 110(l)), and must not
modify certain SIP control requirements
in nonattainment areas without
ensuring equivalent or greater emissions
reductions (see CAA section 193).
Guidance and policy documents that
we use to evaluate enforceability,
revision/relaxation and rule stringency
requirements for the applicable criteria
pollutants 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 and
57 FR 18070, April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations’’
(‘‘the Bluebook,’’ U.S. EPA, May 25,
1988; revised January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies’’ (‘‘the Little Bluebook’’,
EPA Region 9, August 21, 2001).
4. ‘‘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).
5. ‘‘Alternative Control Techniques
Document—NOX Emissions from
Industrial/Commercial/Institutional (ICI)
Boilers’’ (EPA–453/R–94–022–1994/03,
March 1994).
6. ‘‘Determination of Reasonably Available
Control Technology and Best Available
Retrofit Control Technology for
Industrial, Institutional, and Commercial
Boilers, Steam Generators, and Process
Heaters,’’ (CARB, July 18, 1991).
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Submitted
05/19/11
07/25/14
11/14/13
05/13/14
Generally, SIP rules must require
Reasonably Available Control
Technology (RACT) for each NOX major
source in ozone nonattainment areas
classified as moderate or above (see
sections 182(b)(2) and 182(f)). As noted
earlier, SJVUAPCD regulates an ozone
nonattainment area classified as extreme
for the 1997 and 2008 8-hour standard,
so Rules 4307 and 4308 must implement
RACT.
Generally, SIP rules must implement
Reasonably Available Control Measures
(RACM), including RACT, in PM2.5
nonattainment areas. As noted earlier,
SJVUAPCD regulates a PM2.5
nonattainment area, so SJVUAPCD must
implement RACM/RACT.
B. Do the rules meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
regarding enforceability, RACT, RACM,
and SIP relaxations. The TSDs have
more information on our evaluation.
C. EPA Recommendations to Further
Improve the Rules
The TSDs describe additional rule
revisions that we recommend for the
next time the local agency modifies the
rules but are not currently the basis for
rule disapproval.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, EPA is fully approving the
submitted rules because we believe they
fulfill all relevant requirements. We do
not think anyone will object to this
approval, so we are finalizing it without
proposing it in advance. However, in
the Proposed Rules section of this
Federal Register, we are simultaneously
proposing approval of the same
submitted rules. If we receive adverse
comments by March 16, 2015, we will
publish a timely withdrawal in the
Federal Register to notify the public
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Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations
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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 April 13,
2015. This will incorporate these rules
into the federally enforceable SIP.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
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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 April 13, 2015.
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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7805
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 29, 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)(441) (i)(D)(3) and
(c)(447)(i)(B) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(441) * * *
(i) * * *
(D) * * *
(3) Rule 4308, ‘‘Boilers, Steam
Generators, and Process Heaters—0.075
MMBtu/hr to less than 2.0 MMBtu/hr,’’
amended on November 14, 2013.
*
*
*
*
*
(447) * * *
(i) * * *
(B) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4307, ‘‘Boilers, Steam
Generators, and Process Heaters—2.0
MMBtu/hr to 5.0 MMBtu/hr,’’ amended
on May 19, 2011.
*
*
*
*
*
[FR Doc. 2015–02854 Filed 2–11–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[AS123–NBK; FRL–9922–86–Region 9]
Approval and Promulgation of
Implementation Plans; American
Samoa
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
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]]>Agencies
[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Rules and Regulations]
[Pages 7803-7805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02854]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0863; FRL-9921-51-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 criteria air
pollutants including oxides of nitrogen (NOX) and
particulate matter (PM) emissions from boilers, steam generators, and
process heaters. We are approving local rules that regulate these
emission sources under the Clean Air Act (CAA or the Act).
DATES: This rule is effective on April 13, 2015 without further notice,
unless EPA receives adverse comments by March 16, 2015. 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-
2014-0863, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
[[Page 7804]]
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations to Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this rule with the dates that
they were adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD........................... 4307 Boilers, Steam Generators, 05/19/11 07/25/14
and Process Heaters--2.0
MMBtu/hr to 5.0 MMBtu/hr.
SJVUAPCD........................... 4308 Boilers, Steam Generators, 11/14/13 05/13/14
and Process Heaters--0.075
MMBtu/hr to less than 2.0
MMBtu/hr.
----------------------------------------------------------------------------------------------------------------
On September 11, 2014 and July 18, 2014, EPA determined that the
submittals for SJVUAPCD 4307 and SJVUAPCD 4308 met the completeness
criteria in 40 CFR part 51 Appendix V, which must be met before formal
EPA review.
B. Are there other versions of these rules?
We approved an earlier version of Rule 4307 into the SIP on January
13, 2010 (75 FR 1715) and Rule 4308 on December 30, 2010 (76 FR 5276).
C. What is the purpose of the submitted rule revisions?
NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment. 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
NOX and PM emissions. Rule 4307 contains emissions
limitations for NOX and PM. It has also been revised to
require tree nut pasteurizers to be fired using Public Utility
Commission (PUC) quality natural gas and also adds recordkeeping
requirements for those units. Rule 4308 has emissions limitations for
NOX and has been revised to lower the emission limit for
certain types of instantaneous water heaters and removes outdated
language. EPA's technical support documents (TSDs) have more
information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
40 CFR part 81 describes SJVUAPCD as regulating an extreme
nonattainment area for the 8-hour 1997 and 2008 Ozone National Ambient
Air Quality Standards (NAAQS) and a non-attainment area for the 24-hr
1997 and 2006 PM2.5 NAAQS. Our evaluation of these rules
focuses on NOXbecause it is a precursor to ozone and PM. SIP
rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
Guidance and policy documents that we use to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants 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 and 57 FR 18070, April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised
January 11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21,
2001).
4. ``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).
5. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers''
(EPA-453/R-94-022-1994/03, March 1994).
6. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters,'' (CARB, July 18, 1991).
Generally, SIP rules must require Reasonably Available Control
Technology (RACT) for each NOX major source in ozone
nonattainment areas classified as moderate or above (see sections
182(b)(2) and 182(f)). As noted earlier, SJVUAPCD regulates an ozone
nonattainment area classified as extreme for the 1997 and 2008 8-hour
standard, so Rules 4307 and 4308 must implement RACT.
Generally, SIP rules must implement Reasonably Available Control
Measures (RACM), including RACT, in PM2.5 nonattainment
areas. As noted earlier, SJVUAPCD regulates a PM2.5
nonattainment area, so SJVUAPCD must implement RACM/RACT.
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, RACM, and SIP relaxations. The
TSDs have more information on our evaluation.
C. EPA Recommendations to Further Improve the Rules
The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules but are not currently
the basis for rule disapproval.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by March 16, 2015, we will publish a timely
withdrawal in the Federal Register to notify the public
[[Page 7805]]
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 April 13, 2015. This will
incorporate these rules into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United 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 April 13, 2015. 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, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 29, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(441) (i)(D)(3)
and (c)(447)(i)(B) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(441) * * *
(i) * * *
(D) * * *
(3) Rule 4308, ``Boilers, Steam Generators, and Process Heaters--
0.075 MMBtu/hr to less than 2.0 MMBtu/hr,'' amended on November 14,
2013.
* * * * *
(447) * * *
(i) * * *
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4307, ``Boilers, Steam Generators, and Process Heaters--
2.0 MMBtu/hr to 5.0 MMBtu/hr,'' amended on May 19, 2011.
* * * * *
[FR Doc. 2015-02854 Filed 2-11-15; 8:45 am]
BILLING CODE 6560-50-P
