Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District, 75442-75444 [2015-30542]

Download as PDF 75442 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules Management User Guide—V. 1.8, July 23, 2012, Section 3.4, page 92, available at https://www.sam.gov/sam/transcript/ SAM_User_Guide_v1.8.pdf). In addition, the U.S. government takes steps to facilitate selection of the correct NAICS code by private parties. The U.S. Census Bureau posts instructions on its Web site on how to properly classify products and services in accordance with the NAICS. BIS has included illustrative examples in § 701.4(c)(1)(iii) and § 701.4(c)(2)(iv) on classifying military export sales and offset transactions by NAICS codes. In addition, small governmental entities and small organizations are not likely to be involved in international defense trade, and would therefore have no reason to submit data to BIS pursuant to this regulation. Consequently, this proposed rule, if promulgated, will not have a significant impact on a substantial number of small entities. List of Subjects in 15 CFR Part 701 Administrative practice and procedure, Arms and munitions, Business and industry, Exports, Government contracts, Reporting and recordkeeping requirements. Accordingly, 15 CFR part 701 is proposed to be amended as follows: § 701.3 PART 701—[AMENDED] 1. The authority citation for 15 CFR part 701 is revised to read as follows: ■ Authority: 50 U.S.C. app. 2061 et. seq., E.O. 13603, 77 FR 16651, 3 CFR, 2012 Comp., p. 225. 2. Revise paragraphs (a) and (b) of § 701.2 to read as follows: ■ jstallworth on DSK7TPTVN1PROD with PROPOSALS § 701.2 Definitions. (a) Offsets—Compensation practices required as a condition of purchase in either government-to-government or commercial sales of: (1) Defense articles and/or defense services as defined by the Arms Export Control Act and the International Traffic in Arms Regulations; or (2) Items controlled under an Export Control Classification Number (ECCN) that has the numeral ‘‘6’’ as its third character in the Commerce Control List found in Supplement No. 1 to part 774 of this chapter other than semisubmersible and submersible vessels specially designed for cargo transport and parts, components, accessories and attachments specially designed therefor controlled under ECCN 8A620.b; test, inspection and production equipment controlled in ECCN 8B620.b, software controlled in ECCN 8D620.b and technology controlled in ECCN 8E620.b. VerDate Sep<11>2014 13:22 Dec 01, 2015 Jkt 238001 (b) Military Export Sales—Exports that are either Foreign Military Sales (FMS) or commercial (direct) sales of: (1) Defense articles and/or defense services as defined by the Arms Export Control Act and International Traffic in Arms Regulations; or (2) Items controlled under an Export Control Classification Number (ECCN) that has the numeral ‘‘6’’ as its third character in the Commerce Control List found in Supplement No. 1 to part 774 of this chapter other than semisubmersible and submersible vessels specially designed for cargo transport and parts, components, accessories and attachments specially designed therefor controlled under ECCN 8A620.b; test, inspection and production equipment controlled in ECCN 8B620.b; software controlled in ECCN 8D620.b; and technology controlled in ECCN 8E620.b. * * * * * ■ 3. Revise paragraph (a) of § 701.3 to read as follows: Applicability and scope. (a) This part applies to U.S. firms entering contracts that are subject to an offset agreement exceeding $5,000,000 in value and that are for the sale to a foreign country or foreign firm of: (1) Defense articles and/or defense services as defined by the Arms Export Control Act and International Traffic in Arms Regulations; or (2) Items controlled under an Export Control Classification Number (ECCN) that has the numeral ‘‘6’’ as its third character in the Commerce Control List found in Supplement No. 1 to part 774 of this chapter other than semisubmersible and submersible vessels specially designed for cargo transport and parts, components, accessories and attachments specially designed therefor controlled under ECCN 8A620.b; test, inspection and production equipment controlled in ECCN 8B620.b; software controlled in ECCN 8D620.b and technology controlled in ECCN 8E620.b. * * * * * Dated: November 24, 2015. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2015–30421 Filed 12–1–15; 8:45 am] BILLING CODE 3510–JT–P PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2015–0751; FRL–9939–64– Region 9] Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound (VOC), oxides of nitrogen (NOX), and particulate matter (PM) emissions from internal combustion engines. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by January 4, 2016. ADDRESSES: Submit comments, identified by docket number [EPA–R09– OAR–2015–0751, 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: Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. If you need to include CBI as part of your comment, please visit https://www.epa.gov/ dockets/comments.html for further instructions. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. For the full EPA public comment policy and general guidance on making effective comments, please visit https:// www2.epa.gov/dockets/commentingepa-dockets. SUMMARY: E:\FR\FM\02DEP1.SGM 02DEP1 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules 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. 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 75443 hours with the contact listed in the FOR 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. A. How is EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA recommendations to further improve the rule D. Public comment and proposed action III. Incorporation by reference IV. Statutory and Executive Order Reviews Table of Contents A. What rule did the State submit? 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 revisions? II. EPA’s Evaluation and Proposed Action Table 1 lists the rule addressed by this proposal with the dates that it was adopted by the local air agency and submitted by the California Air Resources Board (CARB). FURTHER INFORMATION CONTACT I. The State’s Submittal TABLE 1—SUBMITTED RULE Local agency Rule number SJVUAPCD ..................................................... On July 18, 2014, EPA determined that the submittal for SJVUAPCD Rule 4702 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of this rule? We approved an earlier version of Rule 4702 into the SIP on January 10, 2008 (73 FR 1819). The SJVUAPCD adopted revisions to the SIP-approved version on November 14, 2013 and CARB submitted them to us on May 13, 2014. While we can act on only the most recently submitted version, we have reviewed materials provided with previous submittals. jstallworth on DSK7TPTVN1PROD with PROPOSALS C. What is the purpose of the submitted rule revisions? VOCs and NOX help produce groundlevel ozone and smog, 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 emissions of VOC, NOX, and PM, among other pollutants. The primary changes to Rule 4702 include expanding the applicability of the rule, establishing lower NOX limits for spark-ignited non-Agricultural Operation (non-AO) IC engines, and adding a fee compliance option. EPA’s technical support document (TSD) contains more information about this rule. VerDate Sep<11>2014 13:22 Dec 01, 2015 Jkt 238001 4702 Rule title Internal Combustion Engines ......................... II. EPA’s Evaluation and Proposed Action A. How is EPA evaluating the rule? Generally, 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 pollution control requirements, rule enforceability, and SIP revisions under CAA section 110 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. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 3. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Bluebook). 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 Stationary Reciprocating Internal Combustion Engines,’’ EPA–453/R–93– 032, July 1993. 6. ‘‘Determination of Reasonable Available Control Technology and Best Available Retrofit Control Technology for Stationary Spark-Ignited Internal PO 00000 Frm 00006 Adopted Fmt 4702 Sfmt 4702 11/14/13 Submitted 05/13/14 Combustion Engines,’’ CARB, November 2011. 7. ‘‘Review of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency,’’ September 23, 1987. In ozone nonattainment areas classified as moderate or above, all major stationary sources of NOX or VOCs must be subject to Reasonably Available Control Technology (RACT) (see sections 182(b)(2) and 182(f)). The SJVUAPCD regulates an ozone nonattainment area classified as extreme nonattainment for the 1-hour, 1997 8hour, and 2008 8-hour ozone NAAQS (see 40 CFR 81.305). Additionally, moderate PM2.5 nonattainment areas must implement Reasonably Available Control Measures (RACM), including Reasonably Available Control Technology (RACT) (see CAA sections 172(c)(1) and 189(a)(1)(C)), and serious PM2.5 nonattainment areas must implement Best Available Control Measures (BACM), including Best Available Control Technology (BACT) (see CAA section 189(b)(1)(B)). The SJVUAPCD regulates a PM2.5 nonattainment area classified as serious nonattainment for the 1997 PM2.5 NAAQS and moderate nonattainment for the 2006 and 2012 PM2.5 NAAQS. Therefore, we are evaluating this rule for compliance with both RACT and BACT requirements for NOX control. B. Does the rule meet the evaluation criteria? We believe this rule is consistent with the relevant policy and guidance regarding enforceability, RACT, BACT, and SIP revisions. Although the new NOX emission limits for spark-ignited IC engines used in non-agricultural E:\FR\FM\02DEP1.SGM 02DEP1 75444 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Proposed Rules operations in Table 2 of the revised rule are not enforceable because of the option to pay fees in lieu of compliance with the limits (section 5.2.2.2), the rule clearly requires that all engines in the fee program comply with the applicable limits in Table 1 of the rule (section 5.2.2.2.1), which are identical to the control requirements in the SIPapproved version of Rule 4702. Based on our evaluation of the control requirements in the rule and related support documents in the SIP submission, we propose to determine that Rule 4702 implements BACT for NOX emissions from stationary internal combustion engines operating in the SJV. The TSD has more information on our evaluation. C. EPA Recommendations to Further Improve the Rule The TSD describes additional rule revisions that we recommend for the next time SJVUAPCD modifies the rule but are not currently the basis for rule disapproval. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, EPA is proposing to fully approve the submitted rule based on our conclusion that the rule satisfies all applicable CAA requirements. We will accept comments from the public on this proposal until January 4, 2016. jstallworth on DSK7TPTVN1PROD with PROPOSALS III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the SJVUAPCD rule as described in Table 1 of this notice. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). IV. 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 proposed action merely proposes to approve State law as meeting Federal requirements and does not impose additional requirements VerDate Sep<11>2014 13:22 Dec 01, 2015 Jkt 238001 beyond those imposed by State law. For that reason, this proposed 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 proposed action 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 on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule will not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law. 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, Volatile organic compounds. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Authority: 42 U.S.C. 7401 et seq. Dated: November 12, 2015. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2015–30542 Filed 12–1–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2013–0613; FRL–9939–46– Region 6] Approval and Promulgation of Implementation Plans; State of New Mexico/Albuquerque-Bernalillo County; Infrastructure and Interstate Transport SIP 2010 Nitrogen Dioxide National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Under the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submission from the State of New Mexico on behalf of the City of Albuquerque-Bernalillo County for the Nitrogen Dioxide (NO2) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2010 NO2 NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that the State’s SIP for Albuquerque-Bernalillo County is adequate to meet the state’s responsibilities under the CAA, including the four CAA requirements for interstate transport of NO2 emissions. DATES: Written comments must be received on or before January 4, 2016. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R06–OAR–2013–0613, by one of the following methods: • www.regulations.gov. Follow the online instructions. • Email: Tracie Donaldson at Donaldson.tracie@epa.gov. • Mail or delivery: Mary Stanton, Chief, State Implementation B Section (6MM–AB), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Deliveries are accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not on legal holidays. Special arrangements should be made for deliveries of boxed information. SUMMARY: E:\FR\FM\02DEP1.SGM 02DEP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Proposed Rules]
[Pages 75442-75444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30542]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0751; FRL-9939-64-Region 9]


Revisions to the California State Implementation Plan, San 
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the San Joaquin Valley Unified Air Pollution 
Control District (SJVUAPCD) portion of the California State 
Implementation Plan (SIP). This revision concerns volatile organic 
compound (VOC), oxides of nitrogen (NOX), and particulate 
matter (PM) emissions from internal combustion engines. We are 
proposing to approve a local rule to regulate these emission sources 
under the Clean Air Act (CAA or the Act). We are taking comments on 
this proposal and plan to follow with a final action.

DATES: Any comments must arrive by January 4, 2016.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2015-0751, 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: Once submitted, comments cannot be edited or 
withdrawn. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. If you need to include CBI as part 
of your comment, please visit https://www.epa.gov/dockets/comments.html 
for further instructions. Multimedia submissions (audio, video, etc.) 
must be accompanied by a written comment. The written comment is 
considered the official comment and should include discussion of all 
points you wish to make. For the full EPA public comment policy and 
general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

[[Page 75443]]

    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. 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 rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Proposed Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA recommendations to further improve the rule
    D. Public comment and proposed action
III. Incorporation by reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
             Local agency                 Rule number          Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD..............................            4702  Internal Combustion             11/14/13        05/13/14
                                                         Engines.
----------------------------------------------------------------------------------------------------------------

    On July 18, 2014, EPA determined that the submittal for SJVUAPCD 
Rule 4702 met the completeness criteria in 40 CFR part 51 Appendix V, 
which must be met before formal EPA review.

B. Are there other versions of this rule?

    We approved an earlier version of Rule 4702 into the SIP on January 
10, 2008 (73 FR 1819). The SJVUAPCD adopted revisions to the SIP-
approved version on November 14, 2013 and CARB submitted them to us on 
May 13, 2014. While we can act on only the most recently submitted 
version, we have reviewed materials provided with previous submittals.

C. What is the purpose of the submitted rule revisions?

    VOCs and NOX help produce ground-level ozone and smog, 
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 emissions of VOC, NOX, and 
PM, among other pollutants.
    The primary changes to Rule 4702 include expanding the 
applicability of the rule, establishing lower NOX limits for 
spark-ignited non-Agricultural Operation (non-AO) IC engines, and 
adding a fee compliance option. EPA's technical support document (TSD) 
contains more information about this rule.

II. EPA's Evaluation and Proposed Action

A. How is EPA evaluating the rule?

    Generally, 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 pollution 
control requirements, rule enforceability, and SIP revisions under CAA 
section 110 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. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
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 Stationary Reciprocating Internal Combustion 
Engines,'' EPA-453/R-93-032, July 1993.
6. ``Determination of Reasonable Available Control Technology and 
Best Available Retrofit Control Technology for Stationary Spark-
Ignited Internal Combustion Engines,'' CARB, November 2011.
7. ``Review of State Implementation Plans and Revisions for 
Enforceability and Legal Sufficiency,'' September 23, 1987.

    In ozone nonattainment areas classified as moderate or above, all 
major stationary sources of NOX or VOCs must be subject to 
Reasonably Available Control Technology (RACT) (see sections 182(b)(2) 
and 182(f)). The SJVUAPCD regulates an ozone nonattainment area 
classified as extreme nonattainment for the 1-hour, 1997 8-hour, and 
2008 8-hour ozone NAAQS (see 40 CFR 81.305).
    Additionally, moderate PM2.5 nonattainment areas must 
implement Reasonably Available Control Measures (RACM), including 
Reasonably Available Control Technology (RACT) (see CAA sections 
172(c)(1) and 189(a)(1)(C)), and serious PM2.5 nonattainment 
areas must implement Best Available Control Measures (BACM), including 
Best Available Control Technology (BACT) (see CAA section 
189(b)(1)(B)). The SJVUAPCD regulates a PM2.5 nonattainment 
area classified as serious nonattainment for the 1997 PM2.5 
NAAQS and moderate nonattainment for the 2006 and 2012 PM2.5 
NAAQS. Therefore, we are evaluating this rule for compliance with both 
RACT and BACT requirements for NOX control.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and 
guidance regarding enforceability, RACT, BACT, and SIP revisions. 
Although the new NOX emission limits for spark-ignited IC 
engines used in non-agricultural

[[Page 75444]]

operations in Table 2 of the revised rule are not enforceable because 
of the option to pay fees in lieu of compliance with the limits 
(section 5.2.2.2), the rule clearly requires that all engines in the 
fee program comply with the applicable limits in Table 1 of the rule 
(section 5.2.2.2.1), which are identical to the control requirements in 
the SIP-approved version of Rule 4702. Based on our evaluation of the 
control requirements in the rule and related support documents in the 
SIP submission, we propose to determine that Rule 4702 implements BACT 
for NOX emissions from stationary internal combustion 
engines operating in the SJV. The TSD has more information on our 
evaluation.

C. EPA Recommendations to Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time SJVUAPCD modifies the rule but are not currently the 
basis for rule disapproval.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, EPA is proposing to 
fully approve the submitted rule based on our conclusion that the rule 
satisfies all applicable CAA requirements. We will accept comments from 
the public on this proposal until January 4, 2016.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the SJVUAPCD rule as described in Table 1 of this notice. The 
EPA has made, and will continue to make, these documents available 
electronically through www.regulations.gov and in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

IV. 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 proposed action merely proposes to approve State law 
as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
proposed 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 proposed action 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 on any Indian reservation land 
or in any other area where EPA or an Indian tribe has demonstrated that 
a tribe has jurisdiction. In those areas of Indian country, the rule 
will not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law.

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, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.


    Dated: November 12, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-30542 Filed 12-1-15; 8:45 am]
 BILLING CODE 6560-50-P

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