Revisions to the California State Implementation Plan, Santa Barbara County Air Pollution Control District; Permit Program, 6758-6761 [2016-02417]
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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations
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local, tribal, or territorial government
traveling abroad to carry out official
duties in support of the U.S.
government.
DATES: Effective February 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Alice Kottmyer, Attorney-Adviser,
kottmyeram@state.gov, 202–647–2318.
SUPPLEMENTARY INFORMATION: This rule
was published as an interim rule on
May 15, 2015 (80 FR 27856), with a 60day period for public comments. No
public comments were received.
As explained in the interim final rule,
22 CFR 51.3(b) provides that an ‘‘official
passport’’ may be issued to: An official
or employee of the U.S. government
traveling abroad to carry out official
duties; spouses and family members of
such persons; and, when authorized by
the Department of State, U.S.
government contractors traveling abroad
to carry out official duties on behalf of
the U.S. government.
Increasingly, the federal government
utilizes officials or employees of state,
local, tribal, and territorial governments
in support of federal activities, both
domestically and overseas, such as the
Federal Bureau of Investigation’s Joint
Terrorism Task Force. When required to
travel internationally in support of such
federal activities, these individuals are
not currently eligible for official
passports. Issuance of an official
passport to such individuals signifies to
foreign governments that they are
carrying out official duties in support of
the U.S. government. The activities
undertaken by these officials are often of
pressing national security, law
enforcement, or humanitarian
importance and occur with little
advance notice. It is in the U.S.
government’s interest to provide these
individuals the travel documents
necessary to allow them to travel in a
timely manner.
Under 22 U.S.C. 211a et seq., the
Secretary of State has the authority to
make rules for the granting and issuance
of passports. The Department is
amending section 51.3(b) of 22 CFR to
authorize issuing official passports to an
official or employee of a state, local,
tribal, or territorial government traveling
abroad to carry out official duties in
support of the U.S. government.
Regulatory Findings
The Regulatory Findings included in
the interim final rule are incorporated
herein.
List of Subjects in 22 CFR Part 51
Passports.
Accordingly, the interim rule
amending 22 CFR part 51 which was
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published at 80 FR 27857 on May 15,
2015, is adopted as a final rule without
change.
Patrick F. Kennedy,
Under Secretary for Management.
[FR Doc. 2016–02576 Filed 2–8–16; 8:45 am]
BILLING CODE 4710–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0090]
Drawbridge Operation Regulation;
Youngs Bay, Astoria, OR
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Oregon State
highway bridge across Youngs Bay foot
of Fifth Street, mile 2.4, at Astoria, OR.
The common name of this bridge is Old
Youngs Bay Bridge. The deviation is
necessary to accommodate extensive
maintenance and restoration efforts on
this bridge. This deviation allows the
double bascule span to operate in a
single leaf mode when at least a threehour advance notification is given by
marine vessels that require an opening,
and the vertical clearance of the bridge
to be reduced.
DATES: This deviation is effective from
7 a.m. on February 15, 2016 to 11 p.m.
on June 15, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0090] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Steven M.
Fischer, Thirteenth Coast Guard District
Bridge Program Administrator,
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Oregon Department of Transportation
(ODOT) requested to reduce the vertical
clearance of the Old Youngs Bay Bridge,
mile 2.4, across Youngs Bay foot of Fifth
Street at Astoria, OR, and to open half
of the draw span when at least a threehour notice is given to the bridge
operator by vessels wishing to pass. The
requested period of deviation is from 7
SUMMARY:
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a.m. on February 15, 2016 to 11 p.m. on
June 15, 2016. The deviation is
necessary to accommodate extensive
maintenance and restoration efforts on
this bridge. The Old Youngs Bay Bridge
provides a vertical clearance
approximately 19 feet above mean high
water when in the closed-to-navigation
position. The double bascule span of the
bridge will have a containment system
installed which will reduce the vertical
clearance by 5 feet from 19 feet above
mean high water to 14 feet above mean
high water. The normal operating
schedule can be found in 33 CFR
117.899(b). The deviation allows the
double bascule span of the Old Youngs
Bay Bridge to operate single leaf when
at least three-hours of notice are given
by mariners requiring an opening during
the deviation period. Waterway usage
on Youngs Bay is primarily small
recreational boaters and fishing vessels.
Vessels able to pass through the
bridge in the closed positions may do so
at any time. The bridge will be able to
open for emergencies if a three-hour
notice is given to the bridge operator,
and 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 effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 3, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2016–02486 Filed 2–8–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0784, FRL–9940–19–
Region 9]
Revisions to the California State
Implementation Plan, Santa Barbara
County Air Pollution Control District;
Permit Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the Santa
Barbara County Air Pollution Control
District (SBCAPCD or District) portion
of the California State Implementation
Plan (SIP). These revisions concern
administrative and procedural
requirements to obtain preconstruction
permits which regulate emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: This rule is effective on April 11,
2016 without further notice, unless the
EPA receives adverse comments by
March 10, 2016. 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–2015–0784, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: R9airpermits@epa.gov.
3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Deliveries are only accepted during the
Regional Office’s normal hours of
operation.
Instructions: All comments will be
included in the public docket without
SUMMARY:
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
6759
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.
YaTing (Sheila) Tsai, EPA Region IX, (415)
972–3328, Tsai.Ya-Ting@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What are the purposes of the submitted
rules?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. Public Comment and Final Action
III. Incorporation by Reference
IV. 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 proposal with the dates that they
were adopted or revised by the
SBCAPCD and submitted by the
California Air Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
Rule No.
.........
.........
.........
.........
Adopted/
revised
Rule title
201
203
204
206
Permits Required .........................................................................................
Transfer ........................................................................................................
Applications ..................................................................................................
Conditional Approval of Authority to Construct or Permit to Operate .........
On November 18, 2008, the EPA
determined that the submittal for
SBCAPCD Rule 201 met the
completeness criteria in 40 CFR part 51,
appendix V, which must be met before
formal EPA review. On May 21, 1998,
the submittals of Rules 203 and 204
were found to meet the completeness
criteria. On April 28, 1992, the
submittal for Rule 206 was found to
meet the completeness criteria.
B. Are there other versions of these
rules?
Table 2 lists the dates of the SIP
approved versions of Rules 201, 203 and
206. There is no previous version of
Rule 204 approved in the SIP, although
the SBCAPCD adopted and revised an
earlier version of this rule on April 17,
06/19/2008
04/17/1997
04/17/1997
10/15/1991
Submitted
10/20/2008
03/10/1998
03/10/1998
01/28/1992
1997, and CARB submitted it to us on
March 10, 1998. We approved an earlier
version of Rule 201 into the SIP on May
5, 1982. The SBCAPCD adopted
revisions to the SIP-approved version on
April 17, 1997 and CARB submitted it
to us on March 10, 1998. While we can
act on only the most recently submitted
version, we have reviewed materials
provided with previous submittals.
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TABLE 2—SIP APPROVED RULES
Local agency
Rule No.
SBCAPCD .........
SBCAPCD .........
SBCAPCD .........
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201
203
206
16:23 Feb 08, 2016
SIP approval
date
Rule title
Permits Required .........................................................................................
Transfer ........................................................................................................
Conditional Approval of Authority to Construct or Permit to Operate .........
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05/05/1982
05/18/1981
05/18/1981
Federal
Register
citation
47 FR 19330
46 FR 27116
46 FR 27116
6760
Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations
C. What are the purposes of the
submitted rules?
The TSD has more information on our
evaluation.
Section 110(a) of the CAA requires
States to submit regulations that will
assure attainment and maintenance of
the National Ambient Quality Air
Quality Standards (NAAQS). These
rules were developed as part of the local
agency’s general programmatic
requirement to implement the
requirement commonly referred to as
the minor or general New Source
Review (NSR) program. The revisions
made by the submitted rules listed in
Table 1 are mostly administrative in
nature. New Rule 204 lists information
required to apply for an Authority to
Construct (ATC) or a Permit to Operate
(PTO). Rule 201 has been reformatted
for clarity. Several additions were also
made to add provisions related to state
law. Rules 203 and 206 have been
reformatted with minor revisions for
clarity. There are no substantive
changes to these rules.
The TSD has more information about
these rules.
C. Public Comment and Final Action
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
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). The submitted rules, except Rule
204, are revisions to existing SIP
approved general NSR permit program
requirements under 40 CFR 51.160–
51.164. The revisions are primarily
administrative in nature (reformatting,
provide additional clarity), but we also
discuss the rules or portions of each
rule, that serve to satisfy any of these
general permit program requirements.
Rule 204 contains requirements for ATC
and PTO applications improving the
clarity of the general NSR permit
program.
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B. Do the rules meet the evaluation
criteria?
These rules are consistent with CAA
requirements and relevant guidance
regarding enforceability and SIP
revisions. These changes are mostly
administrative in nature and their
approval will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress, or any other CAA applicable
requirement.
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As authorized in section 110(k)(3) of
the Act, the 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 10, 2016, 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 April 11,
2016. This action will incorporate these
rules into the federally enforceable SIP.
Please note that if the 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, the EPA may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
SBCAPCD rules described in the
amendments to 40 CFR part 52 set forth
below. 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, the 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
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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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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 the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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. The EPA will
submit a report containing this action
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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations
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 11, 2016.
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 this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
the 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, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 3, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
and (G), (c)(187)(i)(E), (c)(254)(i)(C)(6)
and (7), and (c)(361)(i)(A)(4) to read as
follows:
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(51) * * *
(xiii) * * *
(E) Previously approved on May 18,
1981 in paragraph (c)(51)(xiii)(A) of this
section and now deleted with
replacement in paragraph
(c)(187)(i)(E)(1) of this section, Rule 206.
(F) Previously approved on May 18,
1981 in paragraph (c)(51)(xiii)(A) of this
section and now deleted with
replacement in paragraph (c)(254)(i)(C)
of this section, Rules 203 and 204.
(G) Previously approved on May 18,
1981 in paragraph (c)(51)(xiii)(A) of this
section and now deleted with
replacement in paragraph
(c)(361)(i)(A)(4) of this section, Rule
201.
*
*
*
*
*
(187) * * *
(i) * * *
(E) Santa Barbara County Air
Pollution Control District.
(1) Rule 206, ‘‘Conditional Approval
of Authority to Construct or Permit to
Operate,’’ Revised October 15, 1991.
*
*
*
*
*
(254) * * *
(i) * * *
(C) * * *
(6) Rule 203, ‘‘Transfer,’’ revised April
17, 1997.
(7) Rule 204, ‘‘Applications,’’ revised
April 17, 1997.
*
*
*
*
*
(361) * * *
(i) * * *
(A) * * *
(4) Rule 201, ‘‘Permits Required,’’
revised June 19, 2008.
*
*
*
*
*
[FR Doc. 2016–02417 Filed 2–8–16; 8:45 am]
BILLING CODE 6560–50–P
ACTION:
6761
Final rule.
The Environmental Protection
Agency (EPA) is approving a regulation
submitted for incorporation into the San
Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD or District)
portion of the California State
Implementation Plan (SIP). The
regulation, Rule 9410 (Employer Based
Trip Reduction), establishes
requirements for employers in the San
Joaquin Valley to implement programs
encouraging employees to use
ridesharing and alternative
transportation methods to reduce air
pollution. The effect of this action is to
make the requirements of Rule 9410
federally enforceable as part of the
California SIP.
SUMMARY:
This rule will be effective on
March 10, 2016.
DATES:
The EPA has established
docket number EPA–R09–OAR–2014–
0715 for this action. Generally,
documents in the docket for this action
are available electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California 94105–3901.
While all documents in the docket are
listed at https://www.regulations.gov,
some information may be publicly
available only at the hard copy location
(e.g., copyrighted material, large maps,
multi-volume reports), and some may
not be available in either location (e.g.,
confidential business information
(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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, EPA Region IX, (415) 947–
4152, buss.jeffrey@epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
40 CFR Part 52
Table of Contents
[EPA–R09–OAR–2014–0715; FRL–9941–16–
Region 9]
1. The authority citation for part 52
continues to read as follows:
Approval and Promulgation of
Implementation Plans; California; San
Joaquin Valley Unified Air Pollution
Control District; Employer Based Trip
Reduction Programs
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
■
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Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(51)(xiii)(E), (F),
■
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Environmental Protection
Agency (EPA).
AGENCY:
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I. Proposed Action
On August 24, 2015 at 80 FR 51153,
the EPA proposed to approve the
following rule into the California SIP.
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]]>Agencies
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Rules and Regulations]
[Pages 6758-6761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02417]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0784, FRL-9940-19-Region 9]
Revisions to the California State Implementation Plan, Santa
Barbara County Air Pollution Control District; Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
[[Page 6759]]
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Santa Barbara County Air
Pollution Control District (SBCAPCD or District) portion of the
California State Implementation Plan (SIP). These revisions concern
administrative and procedural requirements to obtain preconstruction
permits which regulate emission sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: This rule is effective on April 11, 2016 without further notice,
unless the EPA receives adverse comments by March 10, 2016. 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-
2015-0784, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: R9airpermits@epa.gov.
3. Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901. Deliveries are only accepted during the Regional Office's
normal hours of operation.
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: Ya-Ting (Sheila) Tsai, EPA Region IX,
(415) 972-3328, Tsai.Ya-Ting@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What are the purposes of the submitted rules?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Public Comment and Final Action
III. Incorporation by Reference
IV. 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 proposal with the dates
that they were adopted or revised by the SBCAPCD and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Adopted/
Local agency Rule No. Rule title revised Submitted
----------------------------------------------------------------------------------------------------------------
SBCAPCD........................ 201 Permits Required............... 06/19/2008 10/20/2008
SBCAPCD........................ 203 Transfer....................... 04/17/1997 03/10/1998
SBCAPCD........................ 204 Applications................... 04/17/1997 03/10/1998
SBCAPCD........................ 206 Conditional Approval of 10/15/1991 01/28/1992
Authority to Construct or
Permit to Operate.
----------------------------------------------------------------------------------------------------------------
On November 18, 2008, the EPA determined that the submittal for
SBCAPCD Rule 201 met the completeness criteria in 40 CFR part 51,
appendix V, which must be met before formal EPA review. On May 21,
1998, the submittals of Rules 203 and 204 were found to meet the
completeness criteria. On April 28, 1992, the submittal for Rule 206
was found to meet the completeness criteria.
B. Are there other versions of these rules?
Table 2 lists the dates of the SIP approved versions of Rules 201,
203 and 206. There is no previous version of Rule 204 approved in the
SIP, although the SBCAPCD adopted and revised an earlier version of
this rule on April 17, 1997, and CARB submitted it to us on March 10,
1998. We approved an earlier version of Rule 201 into the SIP on May 5,
1982. The SBCAPCD adopted revisions to the SIP-approved version on
April 17, 1997 and CARB submitted it to us on March 10, 1998. While we
can act on only the most recently submitted version, we have reviewed
materials provided with previous submittals.
Table 2--SIP Approved Rules
----------------------------------------------------------------------------------------------------------------
SIP approval Federal Register
Local agency Rule No. Rule title date citation
----------------------------------------------------------------------------------------------------------------
SBCAPCD................... 201 Permits Required.......... 05/05/1982 47 FR 19330
SBCAPCD................... 203 Transfer.................. 05/18/1981 46 FR 27116
SBCAPCD................... 206 Conditional Approval of 05/18/1981 46 FR 27116
Authority to Construct or
Permit to Operate.
----------------------------------------------------------------------------------------------------------------
[[Page 6760]]
C. What are the purposes of the submitted rules?
Section 110(a) of the CAA requires States to submit regulations
that will assure attainment and maintenance of the National Ambient
Quality Air Quality Standards (NAAQS). These rules were developed as
part of the local agency's general programmatic requirement to
implement the requirement commonly referred to as the minor or general
New Source Review (NSR) program. The revisions made by the submitted
rules listed in Table 1 are mostly administrative in nature. New Rule
204 lists information required to apply for an Authority to Construct
(ATC) or a Permit to Operate (PTO). Rule 201 has been reformatted for
clarity. Several additions were also made to add provisions related to
state law. Rules 203 and 206 have been reformatted with minor revisions
for clarity. There are no substantive changes to these rules.
The TSD has more information about these rules.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
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). The submitted rules, except Rule 204,
are revisions to existing SIP approved general NSR permit program
requirements under 40 CFR 51.160-51.164. The revisions are primarily
administrative in nature (reformatting, provide additional clarity),
but we also discuss the rules or portions of each rule, that serve to
satisfy any of these general permit program requirements. Rule 204
contains requirements for ATC and PTO applications improving the
clarity of the general NSR permit program.
B. Do the rules meet the evaluation criteria?
These rules are consistent with CAA requirements and relevant
guidance regarding enforceability and SIP revisions. These changes are
mostly administrative in nature and their approval will not interfere
with any applicable requirement concerning attainment and reasonable
further progress, or any other CAA applicable requirement.
The TSD has more information on our evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, the 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 10, 2016, 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 April 11, 2016. This action will incorporate
these rules into the federally enforceable SIP.
Please note that if the 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, the EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
SBCAPCD rules described in the amendments to 40 CFR part 52 set forth
below. 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, the 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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. The EPA will submit a report containing this action
[[Page 6761]]
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 11, 2016. 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 this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that the 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, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 3, 2015.
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)(51)(xiii)(E),
(F), and (G), (c)(187)(i)(E), (c)(254)(i)(C)(6) and (7), and
(c)(361)(i)(A)(4) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(51) * * *
(xiii) * * *
(E) Previously approved on May 18, 1981 in paragraph
(c)(51)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(187)(i)(E)(1) of this section, Rule 206.
(F) Previously approved on May 18, 1981 in paragraph
(c)(51)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(254)(i)(C) of this section, Rules 203 and 204.
(G) Previously approved on May 18, 1981 in paragraph
(c)(51)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(361)(i)(A)(4) of this section, Rule 201.
* * * * *
(187) * * *
(i) * * *
(E) Santa Barbara County Air Pollution Control District.
(1) Rule 206, ``Conditional Approval of Authority to Construct or
Permit to Operate,'' Revised October 15, 1991.
* * * * *
(254) * * *
(i) * * *
(C) * * *
(6) Rule 203, ``Transfer,'' revised April 17, 1997.
(7) Rule 204, ``Applications,'' revised April 17, 1997.
* * * * *
(361) * * *
(i) * * *
(A) * * *
(4) Rule 201, ``Permits Required,'' revised June 19, 2008.
* * * * *
[FR Doc. 2016-02417 Filed 2-8-16; 8:45 am]
BILLING CODE 6560-50-P
